AVALON CITY COUNCIL MEETING TUESDAY, AUGUST 20, 2024 - 5:00 PM 410 AVALON CANYON ROAD  AGENDA  Inc compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office (310) 510-0220. Notification 48 hours prior to the meeting wille enable the Cityto make reasonable arrangements to ensure accessibility to this meeting. (28CFR35.102.35104, ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located For the public's convenience, but not participation, the meeting can be viewed:  at 410 Avalon Canyon Rd.  On local cable: Catalina Broadband Solutions channel 3 Streaming on Facebook Live: www.tacebook.COm/CIYOTAValonOfficial Streaming on YouTube: nttps/www.youtube.com/CilyofAvaloncA  CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION/ROLLCALL  ANNOUNCEMENTS/WRITTEN COMMUNICATIONS  DEPARTMENT HEAD REPORTS  CITY MANAGER REPORT/CITY ATTORNEY REPORT COUNCILMEMBER REPORTS/REQUESTS/MAYOR REPORT  ORAL COMMUNICATION  Members of the public may address the City Council at this time. No action will be taken on non- agenda items ati this meeting. Speakers should limit comments to two (2) minutes each.  CONSENT CALENDAR  1.  City Council Minutes for the Council's approval. Recommended Action  Although the live recording is the official record of public meetings, minutes are prepared Approve minutes from the July 16, 2024 regular City Council Meeting and the August 6,  2024 regular City Council Meeting. Expenditures Submitted for Approval  2.  Warrants  Warrants from the US General Fund in the amount of $1,245,332.38 Three electronic fund transfers totaling $1,432,306.03.  One payroll totaling $290,141.18.  Recommended Action $2,967,779.59.  Approve the disbursements for July 29, 2024 through August 9, 2024 totaling    CITY COUNCIL AGENDA AUGUST 20, 2024 PAGE2 2 3.  League of California Cities Annual Voting Delegate  The Annual League of California Cities Conference will be held in Long Beach, California from October 16 to 18, 2024. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers and takes action on resolutions that establish League Policy. In order to vote ati the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate. Historically, the Mayor and Mayor Pro Tem has been appointed voting/alternate voting delegates if Adopt a resolution appointing Mayor Marshall as the voting delegate and Mayor Pro Tem Lisa Lavelle as an alternate voting delegate for the Annual League of California  they attend the meeting. Recommended Action  Cities Conference in October 2024.  GENERAL BUSINESS  4.  First Reading of an Ordinance Amending Chapter 9-7,Article 10"Antennas" of the Avalon Municipal Code and Adoption of Exemption Findings Under the California The City's regulations for antennas and wireless facilities located outside the right-of- way on public and private property (AMC Chapter 9-7, Article 10) have not been updated since 1997. The proposed ordinance seeks to update and streamline the City wireless regulations for facilities outside the public right-of-way in light of numerous federal and state laws and regulations that have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-7, Article 10 "Antennas" of the Avalon Municipal Code regarding wireless facilities and adoption of exemption findings under the California Environmental Quality Act.  Environmental Quality Act  facilities. Recommended Action  5.  Sunset Bar and Grill Transportation Permit Application  On. July 25, 2024, Veronica Bravo of the Sunset Bar and Grill submitted a Transportation Permit application and fee toi the City of Avalon to provide pick-up/drop-of at 888 Country Club Drive and the passenger loading zone in the 100 block of Catalina. The restaurant is not in the flats area and providing an available transportation permit will allow visitors Discuss and, if consensus is met, approve the Transportation Permit for the Sunset Bar and Grill to utilize a commercial autoette permit to pick-up/drop-off guests to the  to more easily frequent the restaurant. Recommended Action  restaurant with stated conditions.    CITY COUNCIL AGENDA AUGUST 20, 2024 PAGE3 3 6.  Ratify Prior Action - Purchase of Pump for Pebbly Beach Lift Station  Recently two pumps failed at the Pebbly Beach Lift Station and are in need of repair and/or replacement. PERC Water recommended that one of the pumps get repaired, and the second pump be replaced. Ity was determined that one pump needed tol be ordered as soon as possible due to the extreme lead time for the new pump, staff felt it was essential that the new pump be Determine that an emergency existed and ratify action by the City Manager and Public Works Director to purchase a new Flygt 6" submersible pump for the Pebbly Beach Lift Station. Make the affirmative finding that the Xylem Water Solutions, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3- 4.111(b). Allocate funds from Sewer Fund 108-25-6552 for the procurement in the  ordered immediately. Recommeded Action  amount ofnot-to-exceed $38,500.  ADJOURN NOTICE OF POSTING  ,Gabrielle Morones, declare that the City Council Agenda for Tuesday, August 20, 2024 was posted on Friday, August 16, 2024 on the City's website ww.clygavalon.comagendacentet.  and at City Hall, 410 Avalon Canyon Road.  Balillo Mcnei Gabrielle Morones, City Clerk    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  August 20, 2024 City Clerk  AGENDA ITEM: CITY MANAGER: M  1  Gabrielle Morones, Deputy City Clerk  City Council Minutes  RECOMMENDED ACTION(S): Approve minutes from the July 16, 2024 and August 6, REPORT SUMMARY: Although the live recording is the official record of public  2024 regular City Council Meetings.  meetings, minutes are prepared for the Council's approval.  FISCAL IMPACTS: N/A. GOAL ALIGNMENT: Not Aligned.  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.  FOLLOW UP ACTION: File minutes in the City Clerk's office.  ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on  the posted agenda pursuant to the Brown Act.  ATTACHMENTS:  1. July 16, 2024 regular City Council Meeting Minutes 2. August 6, 2024 regular City Council Meeting Minutes    AVALON CITY COUNCIL MEETING TUESDAY, JULY 16, 2024 - 5:00 PM 410 AVALON CANYON ROAD  MINUTES  CALL TO ORDER-5:00 p.m.  ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councimembers, Yesenia De La Rosa and Michael Ponce. Also present: City Manager David Maistros, City Attorney Scott Campbell and Deputy City Clerk Gabrielle Morones. Absent: WRITTEN COMMUNICATIONS-CH, Staff received one written communication regarding Items #6 Appeal of Commercial Autoette Permit Approval Condition for All Electric. The written communication was provided to city council and is on file in the City Clerk's Office. CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items #1-#5 made by Michael Ponce, seconded by Yesenia De La Rosa. (3-Ayes-Marshall,  Councimember Lisa Lavelle and Mary Schickling.  De La Rosa and Ponce; 2 AbsentCouneimembers Lavelle and Schickling.  1. 2.  City Council Minutes Warrants  Approved minutes from the June 18, 2024 regular City Council Meeting.  Approved warrants from the General Fund in the amount of $373,504.39, one wire transfer to the landfill closure trust account in the amount of $294,390.00, one payroll totaling $276,588.23 and three electronic fund transfers totaling $139,800.40 totaling Ordinance Amending Chapter 4-4 of the Avalon Municipal Code Regarding Curb Markings and Adoption of Exemption Findings Under the California Environmental Adopted Ordinance No. 1219-24 of the City Council of the City of Avalon, California Amending Chapter 4-4.1102 of the Avalon Municipal Code Regarding Curb Markings and Adoption of Exemption Findings Under the California Environmental Quality Act. Authorized the City Manager or his designee to solicit a requests for proposal for consultants to create an updated Local Hazard Mitigation Plan (LHMP) through a fully funded Hazard Mitigation Grant Program established by the Federal Emergency Grant Funding Application to the California Division of Boating and Waterways Adopted Resolution No. 24-29 of the City Council of the City of Avalon Approving the Submittal of an Application for Funding from the State of California Department of Parks and Recreation Division of Boating and Waterways for the Tier IE Boating Infrastructure  $1,084,283.02 for June 24, 2024 through July 5, 2024.  3.  Quality Act  4.  Request for Proposals for Local Hazard Mitigation Plan  Management Agency.  5.  Grant.    CITY COUNCIL MINUTES JULY 16, 2024 PAGE 2 PUBLIC HEARING  6.  Appeal of Commercial Autoette Permit Approval Condition for All Electric 1. Mayor Marshall opened the Public Hearing. 2. Public Comments were heard. 3. Mayor Marshall closed the Public Hearing. 4. City Council considered applicants appeal and chose option b.) Overturned the decision of the Vehicle Hearing Officer. Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3 Ayes-Marshall, De La Rosa and Ponce; 2 AbsentCounelmempers Lavelle and  Schickling. GENERAL BUSINESS  7.  Planning Commission Appointments  Considered the recommendation of Mayor Ann H. Marshall to appoint Sean Sterling as aP Planning Commissioner with a four-year term. City Council appointed Sean Sterling to serve as a Planning Commissioner for a year term- expiring June 30, 2028. Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3 Ayes-Marshall, De La Rosa and Ponce; 2 Absent-Councilmembers Lavelle and  Schickling.  8.  Purchase of 2024 Vita Seal Electric Boat  1. Made the affirmative finding that Vita Power is the sole source provider of commercial harbor craft vessels approved by the Clean Off-Road Equipment (CORE) Voucher Incentive Program. 2. Authorized the City Manager, or his designee, to procure a new Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3A Ayes-Marshall, De La Rosa and Ponce; 2 Absent-Councilmembers Lavelle and  Vita Seal Electric Boat, per the City's procurement process.  Schickling).  9.  Law Enforcement Services Agreement with Los Angeles County  Adopted Resolution No. 24-30 of the City of Avalon Approving a Five-Year Municipal Law Enforcement Services Agreement with the County ofLos Angeles for Public Services Provided by the Los Angeles County Sheriff's Department and Authorizing the City Manager to Procure Services of the Los Angeles County Sheriff's Department Annually up to an Amount Authorized in the City's Operating and Capital Budget for the Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (3A Ayes-Marshall, De La Rosa and Ponce; 2 Absen-Counelmembers Lavelle and  Period of. July 1, 2024 through June 30, 2029.  Schickling).    CITY COUNCIL MINUTES JULY 16, 2024 PAGE 3  CLOSED SESSION-5:56 p.m. - 6:14 p.m. Closed Session to discuss the following: 1. REAL PROPERTY NEGOTIATION  Following the appropriate announcement of the Closed Session item the City Council went into  Property: APN# 7480021006 Agency Negotiator: City Manager Negotiating Parties: Catalina Island Company Under Negotiation: Price and terms.  Following Closed Session the Mayor announced there was no reportable action.  Mayor Marshall adjourned the meeting at 6:14 p.m.  I, Gabrielle Morones, Deputy City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on July 16, 2024, is the official record of the Council Meeting and  is on file and maintained in City Hall. li.Mn Gabrielle Morones, Deputy City Clerk    AVALON CITY COUNCIL MEETING TUESDAY, AUGUST 6, 2024- - 4:30 PM 410 AVALON CANYON ROAD  MINUTES  CALL TO ORDER: 4:30 p.m.  ROLL CALL: Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Yesenia De La Rosa, Lisa Lavelle, Michael Ponce, and Mary Schickling. Also present: City Manager David Maistros, City Attorney Scott Campbell and Management Analyst  Devin Hart.  GENERAL BUSINESS  1. Avalon City Council Policies Manual Review  City Council reviewed the Avalon City Council Policies Manual which included proposed amendments. City Council requested the following additional revisions to be included: 1) Staff was directed to prepare and include a list of various organizations and 2) On the agenda covers change Councilmember Reports/Mayors Report to reflect Councilmember Repors/Councimemper Requests/Mayors Report. 3) Two minutes for general oral communication and three minutes on agenda items will 4) Set a policy for written communications to City Council from the public to be compiled, printed and distributed to City Council for review.  state/federal legislative offices/contact information.  be allotted to each speaker.  WRITTEN COMMUNICATIONS.CHy Staff received one email from Leslie Warner in support of Item #12 Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Rental use to New Applicants. The email was provided to city council and is on CONSENT CALENDAR-There were 5 Items on the Consent Calendar. Motion to approve Items  file in the City Clerk's office.  #2-#6 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)  2. 3.  City Council Minutes Warrants  Approved minutes from the July 2, 2024 regular City Council Meeting.  Approved warrants from the General Fund in the amount of $842,983.29, two payrolls totaling $566,563.53, and four electronic fund transfers totaling $1,155,789.96 for a total  expenditure of $2,565,336.78 for July 8, 2024 through July 26, 2024. Fiscal Year 2023-2024 Fourth Quarter Treasurer's Report Investment Report for Fiscal Year 2023/2024 Fourth Quarter.  4.  Adopted Resolution No. SA 24-31 of the City Council of the City of Avalon/Successor Agency to the Avalon Community Improvement Agency Adopting the Treasurer's    CITY COUNCIL MINUTES AUGUST 6, 2024 PAGE2 5.  Declare Surplus Equipment  Adopted Resolution No. 24-32 of the City Council of the City of Avalon Declaring Specified Equipment to be Surplus and Authorizing the Sale or Disposal  Thereof.  6.  Buffalo Nickel Transportation Permit Renewal  Approved the renewal of a Transportation Permit for Buffalo Nickel with stated conditions.  GENERAL BUSINESS (CONTINUED)  7. Contract Award to Olyns, Inc. for Reverse Vending Machine  Awarded a contract to Olyns Inc. for procurement of (1) reverse vending machine (RVM), including software, maintenance, and advertising services, in an amount not-to-exceed $35,000; and, authorized the City Manager to execute the contract and any related Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (AIl Ayes)  documents.  8.  Island Enterprises, Inc. Transportation Permit Application  1.F Received presentation. 2. Discussed. 3.A Approved the Transportation Permit for Island Enterprises, Inc. to utilize a commercial vehicle permit to conduct tours in an oversized vehicle with stated conditions to also include proof of CA DMV approval for vehicle Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes) Contract Award to Public Sector Personnel Consultants for Total Compensation Study Awarded a contract to Public Sector Personnel Consultants to complete a Total Compensation Study and provide on-call consulting services, in an amount not-to-exceed $45,000; and, authorized the City Manager to execute the contract and any related Motion to approve made by Yesenia De La Rosa, seconded by Anni Marshall.  modification and passenger endorsement(s) for each driver.  9.  documents. (All Ayes)  10. Crescent Hillside Stabilization Contractor Procurement  1.N Made a finding that emergency measures must continue to be implemented to protect from economic loss of both City property and the adjoining private property, as well as reduce the hazardous conditions from a landslide below the Crescent Avenue Stairway. 2. Authorized the City Manager or his designee to negotiate additional work to repair the Crescent Avenue Hillside/Stairway for a not-to-exceed $600,000. 3. Amended the FY 2024-25 Budget by increasing account 10550-6547, CIP Project #205002, by $358,977 Motion to approve made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)  for a total project sum of $875,000.    CITY COUNCIL MINUTES AUGUST 6, 2024 PAGE 3  11. Medical Cannabis Delivery Service Business Permit Termination and Revocation Appeal 1.Affirmed, the City Manager's decision tot terminate a permit to provide medical cannabis delivery business services from CJMH Group Inc. dba Catalina Connect and found that the permit had been terminated. 2. Authorized the entity, CJMH Group, Inc, and/or owners, Steven Brereton or Carl Johnson to apply for a future City of Avalon Medical Cannabis Delivery Business permit without prejudice. 3. Authorized the City Manager to refund an appeal fee submitted on behalf of Carl Johnson regarding the revocation of CJMH Group, Inc.'s permit. 4. Authorized City Staff to open the application process for a Motion to approve made by Michael Ponce, seconded by Lisa Lavelle. (All Ayes) 12. Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Adopted Urgency Ordinance U-1220-24 of the City of Avalon Extending the Moratorium on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (AIIAyes)  and New Application Solicitation  new medical cannabis delivery business permit holder.  Rental Use to New Applicants  to July 30, 2025.  Mayor Marshall adjourned the meeting at 7:35 p.m.  ,Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on August 6, 2024, is the official record of the Council Meeting and is on file  and maintained in City Hall. BabWn Gabrielle Morones, City Clerk    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  August 20, 2024 Finance  AGENDA ITEM:  CITY MANAGER: fuL  Matthew Baker, Finance Director  Warrants  RECOMMENDED ACTION(S): Approve the disbursements for July 29, 2024 through August REPORT SUMMARY: These disbursements through August gth are comprised of warrants from the US Bank General Account totaling $1,245,332.38, one payroll totaling $290,141.18, and other electronic fund transfers totaling $1,432,306.03, which includes the City's annual contributions of $1,333,618.86 to CIRA for its annual general liability, property, and worker's  9, 2024 totaling $2,967,779.59.  compensation insurance premiums. GF US BANK WARRANTS CK# 38391 - 38465 GF US BANK WARRANTS CK# 38466 GF US BANK WARRANTS CK# 38467 GF US BANK WARRANTS CK# 38468 PAYROLL EFT- CALPERS MEDICAL EFT- CIRA FY24 INSURANCE + WC  ITEM DESCRIPTION  AMOUNT  DATE  1,229,610.17 08/02/24 1,302.21 08/06/24 13,920.00 08/07/24 500.00 08/09/24 290,141.18 08/09/24 90,280.05 08/05/24 1,333,618.86 08/05/24 8,407.12 08/09/24 2,967,779.59  EFT- HARBOR/REC CREDIT CARD AND BANK SERVICE FEES GOAL ALIGNMENT: Ongoing meeting of City obligations.  TOTAL DISBURSEMENTS $  FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in  the FY23-24 Budget and FY24-25 Budget.  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A  FOLLOW UP ACTION: N/A  ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.  ATTACHMENTS: 1) Audit Certificate 2) Warrant Lists    CITY OF AVALON July 29 August 9, 2024 DISBURSEMENTS August 20, 2024  ITEM DESCRIPTION  AMOUNT DATE 1,229,610.17 08/02/24 1,302.21 08/06/24 13,920.00 08/07/24 500.00 08/09/24 290,141.18 08/09/24 90,280.05 08/05/24 1,333,618.86 08/05/24 8,407.12 08/09/24 2,967,779.59  GF US BANK WARRANTS CK# 38391-3 38465 GF USE BANK WARRANTS CK# 38466 GF US BANK WARRANTS CK# 38467 GF USE BANK WARRANTS CK# 38468 PAYROLL EFT- CALPERSI MEDICAL EFT- CIRAF FY241 INSURANCE +WC EFT- HARBOR/REC CREDIT CARDA ANDE BANK SERVICE FEES  TOTAL DISBURSEMENTS $  CERTIFICATE INA ACCORDANCE WITHS SECTION 32702 OF1 THE GOVERNMENT CODE, ICERTIFY THAT THE ABOVE DEMANDS AREA ACCURATE AND THAT FUNDS ARE/ AVAILABLE FOR PAYMENT. ICERTIFY UNDER PENALTY OF PERJURY THAT THEF FOREGOINGI IST TRUE AND CORRECT. EXECUTEDT THIS  APPROVED AND/ AUDITED1 THIS 20TH DAY OFA AUGUST: 2024  20TH DAY OFA AUGUST 2024  AUDIT COMMITTEE- MICHALE PONCE AUDIT COMMITTEE MARY SCHICKLING  FINANCE DIRECTOR- MATTHEW! BAKER    CITY OFA AVALON WARRANT DISBURSEMENTS August 20, 2024 NAME  CHECK DATE NUMBER ISSUED 38391 08/02/2024 38392 08/02/2024 38393 08/02/2024 38394 08/02/2024 38395 08/02/2024 38396 08/02/2024 $ 38397 08/02/2024 $ 38398 08/02/2024 $ 38399 08/02/2024 38400 08/02/2024 38401 08/02/2024 38402 08/02/2024 $ 38403 08/02/2024 38404 08/02/2024 $ 38405 08/02/2024 38406 08/02/2024 38407 08/02/2024 38408 08/02/2024 38409 08/02/2024 38410 08/02/2024 $ 38411 08/02/2024 38412 08/02/2024 $ 38413 08/02/2024 38414 08/02/2024 38415 08/02/2024 38416 08/02/2024 38417 08/02/2024 38418 08/02/2024 38419 08/02/2024 38420 08/02/2024 38421 08/02/2024 38422 08/02/2024 38423 08/02/2024 38424 08/02/2024 38425 08/02/2024 38426 08/02/2024 38427 08/02/2024 38428 08/02/2024 38429 08/02/2024 38430 08/02/2024 38431 08/02/2024 38432 08/02/2024 38433 08/02/2024 38434 08/02/2024 38435 08/02/2024 38436 08/02/2024 38437 08/02/2024 38438 08/02/2024 38439 08/02/2024 38440 08/02/2024 $ 38441 08/02/2024 38442 08/02/2024 38443 08/02/2024 38444 08/02/2024 38445 08/02/2024 38446 08/02/2024 38447 08/02/2024 38448 08/02/2024 38449 08/02/2024 38450 08/02/2024 38451 08/02/2024 38452 08/02/2024 38453 08/02/2024 38454 08/02/2024 38455 08/02/2024 38456 08/02/2024 38457 08/02/2024 38458 08/02/2024 38459 08/02/2024  AMOUNT  DESCRIPTION SERVICE-P/W SUPPLES-ALLDEPT REIMB- OPC COSTS LEGAL FEES- -06/2024 SUPPLIES -ALLD DEPT SERVICE ADMIN WORKERS COMP- FY24 RESIDENT DPTY- -06/2024 SERVICE FIRE SENIORI MEAIS04-06/2024 SERVICE- -P/W FUEL-HARBOR SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SERVICE-P/W SUPPLIES-P/W HHW-DISPOSALO 05/2024 FREIGHT-P/W SERVICE-P/W SERVICE-JMF CONTRACT SVCS- 06/2024 SUPPLIES- ALLE DEPT SERVICE- ELECTION SERVICE- HARBOR SEEA ATTACHED DETAIL: MULTIS STUB CHECK SERVICE-PW FUEL- ALLI DEPTS VOID: MULTISTUB CHECK SUPPLIES- ALL DEPT SUPPLIES- HARBOR FREIGHT ALLI DEPTS SUPPLIES- -ALLI DEPT SERVICE- -P/W EMPLOYEE SCREENING LODGING P/W SUPPLIES- GARAGE SUPPLIES- -VEHICLES FUEL- HARBOR SERVICE- ADMIN UNIFORMS- -P/W SUPPLIES-P/W SERVICE- -ADMIN SERVICE-P/W UNIFORMS- HARBOR MEMBERSHIP: 2025 REIMB-O/PG COSTS FREIGHT- -P/W RETIREE INS- 08/20 SUPPLIES-P/W SUPPLIES- GARAGE SERVICE- HARBOR SERVICE- -ADMIN SUPPLIES- ALL DEPT COPIERL LEASE- PLAN REFUND- -PARK REIMB- -0/PC COSTS  300,000.00 FISHERS SAND & GRAVEL CO. 1,343.63 AVALONF FREIGHT SERVICES, LLC 145.85 BARRAGAN, JOSE 19,415.55 BEST,BEST&K KRIEGER, LLP 3,155.66 CATALINA BEVERAGE CO 34.50 CICCS/EAP 30,470.21 CIRA 166,621.31 CO. OFL LOSA ANGELESS SHERIFF'S DEPT. 1,522.25 COMMLINE INC. 315.00 CONEY ISLANDV WEST 3,713.00 CONNOLLYP PACIFICCO. 15.88 DION&S SONS MARINE FUELSINC 1,134.06 ESGE ENGINEERING 3,011.40 ESGE ENGINEERING 240.00 ESGE ENGINEERING 22,407.25 ESGE ENGINEERING 360.00 ESGE ENGINEERING 3,891.50 ESGE ENGINEERING 5,955.40 ESGE ENGINEERING 29,916.99 ESGE ENGINEERING 9,873.61 ESGE ENGINEERING 900.00 ESGE ENGINEERING 2,760.00 ESGE ENGINEERING 6,173.15 ESG ENGINEERING 57,366.48 ESGE ENGINEERING 1,988.00 ESG ENGINEERING 978.06 GRAINGER 35,411.08 IDRE ENVIRONMENTAL: SERVICES 299.00 ISLAND EXPRESS HELICOPTERSI INC. 12,626.79 SULLIVAN, MATTHEW 1,185.00 RANDALLL L. FANNIN 166,370.35 PERCWATER 140.57 QUILL CORP 16,851.08 REGSTMAALOADEVCOUNTA CLERK 21,320.00 SOUTHWEST MARINE RESOURCE, INC. 8,602.70 CORPORATE PAYMENT SYSTEMS 170,000.00 WAYNE PERRY, INC. 1,728.34 AAAOIL,INC AMAZON CAPITAL SERVICES, INC. 18,511.72 AMAZON CAPITAL SERVICES, INC. 1,329.97 ANIXTER, INC. 1,433.85 AVALON FREIGHT SERVICES, LLC 345.52 CATALINA BEVERAGE cO 49.95 CATALINA BROADBANDS SOLUTIONS 43.73 CATALINAI ISLANDN MEDICAL CENTER 12,696.24 CATALINAI ISLANDV VACATIONS RENTALS 3,056.62 COASTLINE EQUIPMENT 171.36 CREATIVE SIGN, INC. 1,287.43 DION & SONSN MARINE FUELSINC 490.00 EAGLER PROTECTION SERVICE, INC. 587.43 GEMPLERSI INC. 5,189.21 GRAINGER 16,167.64 GRANICUS, INC. 3,078.78 HAWKEYE EQUIPMENT! RENTALS, INC. 1,211.10 HIGHT TIDE TRADERS 300.00 LEAGUE OFC CALIFORNIACITIES 255.55 MARTINEZ, JORGEL. 27.63 ISLANDE EXPRESS HELICOPTERS INC. 627.78 MCDONALD, AUDRA 528.30 MCMASTER-CARR 493.74 NAPAA AUTOP PARTS 9,012.00 NETMOORING 500.00 PARTNERA ASSESSMENT 445.62 QUILL CORP 297.56 RICOH USA,I INC. 30.00 RODRIGUEZ, ADRIANA 165.70 RODRIGUEZ, PATRICIA  5,208.79 NORTHERN TOOLE &E EQUIPMENT CATALOGH SUPPLIES- -HARBOR  1,746.81 MATTHEWSI INTERNATIONAL CORPORATION SUPPLIES- CEMETERY  Page 1of2    CITY OF AVALON WARRANT DISBURSEMENTS August2 20,2 2024 NAME  CHECK DATE NUMBER ISSUED 38460 08/02/2024 $ 38461 08/02/2024 38462 08/02/2024 $ 38463 08/02/2024 $ 38464 08/02/2024 $ 38465 08/02/2024 $  AMOUNT  DESCRIPTION SUPPLIES- RECREATION SERVICE-P/W SEEA ATTACHED DETAIL:N MULTISTUB CHECK SUPPLIES- HARBOR SUPPLIES-WWTP SUPPLIES-FIRE  1,270.02 S&SV WORLDWIDE, INC. 2,656.16 SHIELDS, HARPER&CO 24,082.45 CORPORATE PAYMENTS SYSTEMS 376.48 WEST MARINE PRO 6,883.63 WESTRIDGE ENVIRONMENTAL GROUP 807.75 WITMERE PUBLICS SAFETYG GROUP, INC. $1,229,610.17  Page2of2    CITY OFA AVALON WARRANT DISBURSEMENTS August 20, 2024 NAME  CHECK DATE NUMBER ISSUED 38466 8/6/2024 38467 8/7/2024 38468 8/9/2024  AMOUNT 1,302.21 EDISON 13,920.00 ICON_WESTILC 500.00 PARINERASESSMENT CORPORATION $15,722.21  DESCRIPTION UTILITIES: ALL DEPARTMENTS VEHICLE: PUBLICWORKS SERVICE:ADMIN  Pagelof1    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  August 20, 2024 Administration  AGENDA ITEM: 3  CITY MANAGER: DWM  Gabrielle Morones, City Clerk  League of California Cities Annual Voting Delegate  RECOMMENDED ACTION(S): Adopt a resolution appointing Mayor Marshall as the voting delegate and Mayor Pro Tem Lisa Lavelle as an alternate voting delegate for the Annual REPORT SUMMARY: The Annual League of California Cities Conference will be held in Long Beach, California from October 16 to 18, 2024. An important part of the conference is the Annual Business Meeting. At this business meeting, the League membership considers and takes action on resolutions that establish League Policy. In order to vote at the Business Meeting, City Council must designate a voting delegate and an alternate voting delegate. Historically, the Mayor and Mayor Pro Tem has been appointed voting/alternate voting delegates if they attend the meeting. All five City Councilmembers will be attending the 2024  League of California Cities Conference in October 2024.  League of California Cities Conference. GOAL ALIGNMENT: Professional development.  FISCAL IMPACTS: Cost of conference registration to be determined.  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon will not be able to vote on the Resolutions at the Annual League of California Cities  Conference.  FOLLOW UP ACTION: Implement City Council Direction.  ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.  ATTACHMENTS: Resolution    RESOLUTION NO.  RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON 2024 ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE WHEREAS, the Annual League of California Cities Conference will be heldi in Long WHEREAS, traditionally, the Mayor is appointed to be the City of Avalon'sv voting WHEREAS, the Mayor, and the Mayor ProTem will be attending the Annual League of NOW,THEREFORE, BE ITI RESOLVED that the City Council of the City ofAvalon 1. Mayor Ann H. Marshall shall be the City ofA Avalon's Voting Delegate, and 2. Mayor ProTem Lisa Lavelle shall be the. Alternate Voting Delegate.  APPOINTING A VOTING DELEGATE TOTHE  Beach, California from October 16 through 18, 2024; and  delegate and an alternate is selected; and  California Cities Conference and available to vote at the Annual Business Meeting.  hereby resolves as follows:  PASSED, APPROVED AND ADOPTED on the 20th day of August, 2024 by the following  vote: AYES: NOES: ABSTAIN: ABSENT:  Ann H. Marshall, Mayor  ATTEST:  Gabrielle Morones, City Clerk    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  August 20, 2024 Planning and Building Kelly Ribuffo, Consultant Planner Bennett Givens, Associate, Best Best & Krieger  AGENDA ITEM:  CITY MANAGER: DMLL  First Reading of an Ordinance Amending Chapter 9-7, Article 10 Antennas" oft the Avalon Municipal Code and Adoption of Exemption Findings Under the California Environmental Quality Act  RECOMMENDED ACTION(S): Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-7, Article 10 "Antennas" of the Avalon Municipal Code regarding wireless facilities and adoption of exemption findings under the California Environmental Quality REPORT SUMMARY: The City's regulations for antennas and wireless facilities located outside the right-of-way on public and private property (AMC Chapter 9-7, Article 10) have not been updated since 1997. The proposed ordinance seeks to update and streamline the City wireless regulations for facilities outside the public right-of-way in light ofr numerous federal and state laws and regulations that have since taken effect, which (among other things) significantly restricted local control over the permitting and placement of wireless facilities. The proposed ordinance: A. Clarifies and sets forth types of wireless facilities that are exempt from the provisions of Article 10 such as erheaPecgplondece, amateur radio antennas, governmental  Act.  public safety facilities and certain emporalyemergency facilities;  B. Sets forth three permitting processes:  a. Administrative Wireless Permit: Creates a new Administrative Wireless Permit type that is reviewed byt the Planner Director or designee. No public hearing is required, and an applicant may appeal a decision to the Planning Commission who will hear the appeal de novo. Administrative Wireless Permits are required for: a) an eligible facilities request, (b) a proposed collocation facility" as defined in Government Code section 65850.6(d)(1); and (c)ar new small wireless facility to be placed upon b. Site Plan Review: Site Plan Review Approval by the Planning Commission is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility ifand when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (i) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities C. Conditional Use Permit and Site Plan Review: Conditional Use Permit and Site Plan Review approval is required for any other type of wireless facility that does  an existing structure.  request;    not qualify for either site plan review or an administrative wireless permit described  above.  C. Updates application submittal requirements and findings of approval; aesthetics, landscaping, setbacks and lighting among other topics;  D. Establishes location, design, and development standards for wireless facilities, such as a. Generally, all wireless facilities must be designed to incorporate concealment elements and screening to be a stealth facility, and must be designed in the least visible means possible and be aesthetically compatible with the surrounding area b. Wireless facilities are preferred in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P), and prohibited int flood plains, sensitive species areas, and on any parcel within ar residential: zone. The City's Zoning Map is attached hereto as part of Attachment 2. Wireless facilities are subject to the height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground- mounted equipment shall comply with all setback requirements of the underlying  and structures (e.g., color, materials, size, and scale);  zone.  E. Sets forth standard conditions of approval that apply to all permits issued in accordance with Article 10, even in the event an application is deemed approved by operation of law; F. Creates a process for requesting and granting limited exceptions to the design, development and location standards for wireless facilities subject to Article 10. On July 17, 2024, the Planning Commission held a duly noticed public hearing at which time written and oral evidence was considered regarding the proposed amendments. The Planning Commission adopted Planning Commission Resolution No. 24-07, which recommends adoption of the proposed ordinance by the City Council. The staff report including additional analysis of the proposed amendments and a description of the City's authority to regulate wireless facilities CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended, and wireless facilities regulations will be inconsistent with the ADVERTISING, NOTICE. AND PUBLIC CONTACT: This item was properly listed on the posted  and  under state and federal law, are included as Attachment 2 of this report.  numerous changes to applicable state and federal law since 1997.  agenda pursuant to the Brown Act.  ATTACHMENTS: 1. Ordinance  2. Planning Commission Staff Report (PC#2867)    ORDINANCE NO.  AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AVALON, CALIFORNIA AMENDING CHAPTER 9-7 GENERALSTANDARDS OF DEVELOPMENT, ARTICLE10 "ANTENNAS" OF THE AVALON MUNICIPAL CODE AND ADOPTION OF EXEMPTION FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.  WHEREAS, pursuant to the authority granted to the City of Avalon ("City") by Article XI, Section 7 oft the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designated to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, wireless communications services are essential to the public health WHEREAS, the City's regulations for antennas and wireless facilities located outside the right-of-way on public and private property (AMC Chapter 9-7, Article 10)  and safety infrastructure within the City; and  have not been updated since 1997; and  WHEREAS, the proposed ordinance will update and streamline the City's wireless regulations for facilities outside the public right-of-way in light of numerous federal and  state laws and regulations currently in effect; and  WHEREAS, establishing location, design, and development standards for wireless facilities within City will preserve, promote, and protect the welfare of its citizens by preserving the unique charm of Avalon, characterized by viewsheds, coastline access, open space and recreation opportunities, in compliance with the Avalon General  Plan/Local Coastal Plan; and  WHEREAS, on July 17, 2024, thel Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the amendments to Chapter 9-7 General Standards of Development, Article 10 "Antennas  and Wireless Facilities" (PC#2867); and  WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 24-07 with recommendations to the City Council regarding adoption of the  aforementioned amendments; and  WHEREAS, on August 20, 2024, the City Council held a duly-noticed public meeting and considered the recommendations of the Planning Commission, staff report, other supporting documents, and any public testimony concerning this ordinance; and WHEREAS, all legal prerequisites tot the adoption of this ordinance have occurred. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES  ORDAIN AS FOLLOWS:    Section 1. Incorporation of Recitals. The recitals set forth above true, correct, incorporated herein, and are adopted as the findings of the City Council in connection Section 2. Code Amendment. Chapter 9-7, Article 10 of the Avalon Municipal Code shall be amended to read as proposed in Exhibit A, Title 9: Planning and Zoning, Chapter 9-7 General Standards of Development, Article 10 "Antennas and' Wireless Facilities". Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconsttutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void, or invalid. Section 4. CEQA Exemptions. The City Council finds that this proposed Ordinance is not a project" subject to the California Environmental Quality Act ("CEQA"), because it has no potential to result in a direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (State CEQA Guidelines, S 15061(b)(3). This is because approval of the Ordinance will not result in the actual installation of any facilities int the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application for installation of the wireless facility, and the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted SO as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA under State CEQA Guidelines sections 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land). For example, the Ordinance provides for an administrative wireless permit only for eligible facilities requests (which the City does not have discretion to deny under federal law, and which therefore are not subject to CEQA), collocation facilities, as defined in Government Code section 65850.6(d)(1) (which the City does not have discretion to deny under state law, and which therefore are not subject to CEQA), and new small wireless facilities to be placed upon an existing structure, which fall squarely within the exemption set forth in State CEQA Guidelines section 15302. For all of the foregoing reasons, the Ordinance Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be  with the adoption of this Ordinance.  isnot subject to CEQA.  published and/or posted in the manner required by law.    Section 6. Effective Date. This Ordinance shall become effective thirty days from its  adoption.  INTRODUCED at a regular meeting of the City Council of the City of Avalon on the  20th day of August, 2024, by the following vote:  AYES: NAYS: ABSENT: ABSTAIN:  PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council  of the City of Avalon on this 20st day of August, 2024, by the following vote:  AYES: NAYS: ABSENT: ABSTAIN: ATTEST:  Ann H. Marshall, Mayor  Gabrielle Morones, Deputy City Clerk APPROVED ASTO FORM: Scott Campbell Best Best & Krieger, LLP    EXHIBIT A  TITLE 9: PLANNING AND ZONING, CHAPTER 9-7 GENERAL STANDARDS OF DEVELOPMENT, ARTICLE 10 "ANTENNAS AND WIRELESS FACILITIES"  $9-7.1001 - Purpose.  The purpose of this article is to establish a comprehensive set of zoning requirements for antennas and wireless telecommunications facilities on public and private properties. These regulations are intended to provide for the managed development of antennas and wireless telecommunications facilities in a manner that recognizes and enhances the community benefits of wireless telecommunications technology and reasonably accommodates the needs of citizens and wireless elecommunications service providers ina accordance with federal and state rules and regulations. At the same time, these regulations are intended to protect neighbors from potential adverse impacts of such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the City has purview, and to preserve the visual character of the established community through appropriate design, siting, screening, maintenance, and location standards. The following words and phrases, as used in this article, are defined as follows: (a) ADMINISTRATIVE WIRELESS PERMIT = Shall mean a permit issued and reviewed administratively by the Planning Director, or designee, pursuant to the process described int this article authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location; and the modification of any existing support (b) ANTENNA - Shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location. (C)APPLICANT - Shall mean a person filing an application for placement or modification (d) BASE STATION Shall have the same meaning as provided in 47 C.F.R. S  59-1002-Delntions.  structure to which the wireless facility is proposed to be attached.  of a wireless facility under this Article 10.  1.6100(b)(1), as may be amended, which defines that term as follows:  (1)As structure or equipment at a fixed location that enables Commission-icensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower or any equipment associated with a  tower.  (1) The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such  as microwave backhaul.    (i) The term includes, but is not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed  Antenna Systems and small-cell networks).  (ii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in subsections 1 and 2 of this definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support. (iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support or house equipment described in subsections 1 and 2 of this definition. (e) COLLOCATION - Shall for eligible facilities requests only, have the same meaning as provided in 47 C.F.R. S 1.6100(b)(2), as may be amended, which defines that term as "Ithe mounting ori installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for (f) DISTRIBUTED ANTENNA SYSTEM or DAS - Shall mean a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's (g) ELIGIBLE FACILITIES REQUEST - Shall mean the same as provided in 47 C.F.R. S1 1.6100(b)(3), as may be amended, which defines that term as "la)ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [cJollocation of new transmission equipment; (i) [removal of transmission equipment; or (i) rleplacement of (h) ELIGIBLE SUPPORT STRUCTURE Shall mean the same as provided in 47C.F.R. S 1.6100(b)(4), as may. be amended, which defines that term as "Ta]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section." ()EQUIPMENT CABINET - Shall mean a small enclosure used to house multiple items () EXISTING Shall mean, for purposes of an Eligible Facilities Request, the same as provided in 47 C.F.R. S 1.6100(b)(5), as may be amended, which provides that "a] constructed tower or base station is existing for purposes of [the FCC's Eligible Facilities  communications purposes."  facilities to provide the signal transfer services.  transmission equipment."  of equipment associated with a wireless facility.    Request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition." (k) FEDERAL COMMUNICATIONS COMMISSION ("FCC") - Shall mean the Federal (1) MONOPOLE Shall mean a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless facility. (m) PERSONAL WIRELESS SERVICES - Shall mean the same as provided in 47 U.S.C. S 332(c)7)(C)0), as may be amended, which defines that term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange (n) PLANNING DIRECTOR 1 Shall mean the City of Avalon's Director of Planning and (o) RADIO FREQUENCY ("RF") - Shall mean a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, (p) ROOP-MOUNTED or BULDING-MOUNTED ANTENNA Shall mean an antenna directly attached or affixed to the roof of, on the wall, or elsewhere on a preexisting (q) SITE Shall mean the same as provided in 47 C.F.R. $ 1.6100(b)(6), as may be amended, which provides that "Ifjor towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of fasite are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or (r) SMALL WIRELESS FACILITY - Shall have the same meaning as "small wireless facilities" in 47 CFR 1.6002(1), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have  Communications: Commission or its lawful successor.  access services."  Building Department, or designee.  electromagnetic, or other wireless signals.  building, tank or similar structure other than a Tower.  otherwise outside of the [eligible facilities request] process."  been set forth below): (1) The facility:  (1) Is mounted on structures 50 feet or less in height including their antennas  as defined in.S 1.1320(d); or    (i) Is mounted on structures no more than 10 percent taller than other (ii) Does not extend existing structures on which they are located to a height of more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna equipment [as defined in the definition of "antenna" in 47 CFR Section 1.1320(d)), is no  adjacent structures; or  more than three cubic feet in volume;  (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated  equipment on the structure, is no more than 28 cubic feet in volume; Chapter 1 of Title 47 of the Code of Federal Regulations;  (4) The facility does not require antenna structure registration under part 17 of (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. S (6) The facility does not result in human exposure to radiofrequency radiation in (s) STEALTH FACILITY Shall mean any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural (t) SUBSTANTIAL CHANGE - Shall mean the same as provided in 47 C.F.R. S 1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the  800.16(x); and  excess of the applicable safety standards specified in 47 CFR S 1.1307(b).  or built environment rather than as a wireless facility.  following criteria:  (1) For towers other than towers in the public rights-of-way, it increases the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, it increases the height of the structure by  more than 10% or more than ten feet, whichever is greater;  (1) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.  (2) For towers other than towers in the public rights-of-way, it involves adding an    appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of  the structure by more than six feet;  (3) For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre- existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other  ground cabinets associated with the structure;  (4) Ite entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access  or utility easements currently related to the site;  (5) It would defeat the concealment elements of the eligible support structure; or (6) It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non- compliant only in a manner that would not exceed the thresholds identified in (1) through (U)TOWER- - Shall mean any structure built fort the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This (v) TRANSMISSION EQUIPMENT Shall mean the same as provided in 47 C.F.R. S 1.6100(b)(8), as may be amended, which defines that term as lelquipment that facilitates transmission for any FCC)-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial ori fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul." (w) WHIP ANTENNA Shall mean a single shaft antenna, including all mounting (x) WIRELESS FACILITY or FACILITY - Shall mean the antennas, antenna structures, equipment, equipment cabinets, cables, and other types of installations and related  (4) [which correspond to 47 CFRS 1.6100(b)(7)0) through (iv)l.  definition does not include utility poles.  equipment.    appurtenances used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).  $9-7.1003 - Exemptions.  (a) The requirements of this article do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the. Avalon Municipal Code and all other applicable  state and federal law.  (1) Over-tne-air-reception-devices (OTARD) antennas.  (i) Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use of a person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as  elecommunications services; and  (ii) Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended fort the sole use of a person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to reçeive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless (2) Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground- mounted antenna is within a required front yard setback for the main building, in front of the main building, within a required side yard setback of a corner lot or adjacent to a  services that are not classified as elecommuncations services.  street.  (3) Amateur radio antennas. Antennas and antenna structures constructed by or  for amateur radio operators that met the following requirements:  (i) That are completely enclosed within a permitted building; or (i) That consist of a single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not extend above the maximum building height in the district; or (i) That consist of a single ground-mounted vertical pole or whip antenna not exceeding fifty feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts    for pole or whip antennas shall conform to standards set out in the California Building Standards Code. A building permit may be required for the support (4) Public safety facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used, operated, and maintained by the City, or any fire district, school district, hospital,  structure or mast.  ambulance service, governmental agency.  5)Temporary mobile facilities. Mobile facilities placed on a site for less than seven (6)Temporary! Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Avalon Sheriff or City Manager, sO long as the facility is removed at the conclusion of the emergency.  consecutive days, provided any other necessary permits are obtained.  (7) DAS. Distributed Antenna Systems or DAS installed and operated wholly within (8) Antennas and wireless facilities within public rights-of-way. Antennas and wireless facilities placed wholly within public rights-of-way are governed by Avalon Municipal Code, Title 4, Chapter 4-9, Article 3 (Wireless Facilities in Public Rights-of-  an existing structure or building.  Way) and not this Article.  $9-7.1004. Permits Required; Application Requirements  (a) No wireless facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this article and without obtaining all permits required under any other applicable state, federal, or local  laws or regulations.  (1) Administrative Wireless Permit Required. An administrative wireless permit is required for (a) an eligible facilities request, (b) a proposed 'collocation facility" as defined in Government Code section 65850.6(d)(1); and (c) a new small wireless facility to be  placed upon an existing structure.  (i) The Planning Director or designee shall review, process, approve, conditionally approve or deny an application for administrative wireless permit in accordance with the procedures oft this section. No public hearing shall be required for an administrative wireless permit required by this article. An applicant may appeal the decision of the Planning Director to the Planning Commission provided such appeal is filed with the City Clerk within 15 days following the issuance of the Planning Director's decision notification. If timely appealed, the Planning Commission shall review the application de novo.. The decision of the Planning Director, upon the expiration of such 15 days if no appeal isi filed, or oft the Planning (2) Site Plan Review Approval Required. Site plan review approval is required for  Commission on appeal shall be final.    (a)an new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition of a small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (i) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval in accordance with the procedure in Chapter 9-8, Article 2 except to the extent modified by this Article. (3) Site Plan Review and Conditional Use Permit Required. Both a Site Plan Review and a Conditional Use Permit shall be required where the applicant is seeking to construct, place or modify a wireless facility that does not qualify under subsections (1) and (2) above. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval and conditional use permit in accordance with the procedure in Chapter 9-8, Article 4 except to the extent modified (b). Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless facility shall complete and submit an application to the Planning and Building Department for review and processing, upon the form published by the Planning and Building Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require  by this Article.  submission of the following:  (1) Name of applicant, contact information, location of proposed site, description oft the application type sought, and the name and contact information of the user/ provider  that will use the facility.  (2)A brief narrative accompanied by written documentation and a site plan or map (3) A narrative and scaled map(s) that precisely disclose the geographic area(s) (4) A radiofrequency (RF) environmental evaluation report certifying that the proposed wireless facility meets FCC regulations and standards for construction,  together with photo simulations that explain the project. within the City proposed to be serviced by the proposed facility.  maintenance and operations.  (5) Payment of application fees.  (c) Consultants. The Planning Director, Planning Commission, or City Council considering the relevant permit issued pursuant to this article may require the application materials, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility  oft the applicant.    (d) Denials without prejudice. The denial of a permit application for an eligible facilities request shall be without prejudice. To promote efficient review and timely decisions, any application governed undert this article regardless oft type may be denied without prejudice by the Planning Director, Planning Commission, or City Council when the applicant fails to tender a substantive response to the City within 120 calendar days after the City has deemed the application incomplete in a written notice to the applicant. The Planning Director, or designee, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due to circumstances outside the  applicant's reasonable control. $9-7.1005 Findings of Approval (a). Administrative Wireless Permit:  (1) Findings for Approval for Small Wireless Facilities Subject to an Administrative Wireless Permit. No administrative wireless permit shall be approved for applications wherein an applicant seeks to place a new small wireless facility upon an existing structure unless, on the basis of the application and other materials or evidence provided  in review thereof, the following findings are made:  (i) The facility shall conform with and carry out the General Plan and any (ii) The facility complies with all applicable requirements of this article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development (ii) The facility meets applicable requirements and standards of federal and state law, including all applicable general orders of the California Public (iv) The facility is not detrimental toi the public health, safety, and welfare. (2) Findings for Approval of Eligible Facilities Requests: No administrative wireless permit shall be approved for an eligible facilities request unless, on the basis oft the application and other materials or evidence provided in review thereof, the  certified Local Coastal Plan for the area; and  standards, or has a waiver exception thereof; and  Utilities Commission; and  following findings are made:  (1) The proposed collocation or modification meets each and every one of the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)3)-(9), or any successor provisions, after application of the definitions in47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express  finding for each criterion; and  (ii) The proposed facility complies with conditions associated with the siting    approval of the construction or modification oft the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections (ii) The proposed facility will comply with all generally applicable laws. (3) Findings for Approval of a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1): No administrative wireless permit shall be approved for a collocation facility" unless, on the basis of the application and other materials or evidence provided in review thereof the application complies with the requirements for the grant of a ministerial permit under Government Code section (b) Site Plan Review Under This Article. No site plan review approval shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are  1.6100b)70-(w). or any successor provisions; and  65850.6.  made: and  (1) All findings for approval required for site plan as specified in Section 9-8.203; (2) The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and (3) The proposed facility will comply with all generally applicable laws.  (c) Conditional Use Permit Review Under This Article. No conditional use permit shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following  findings are made: Section 9-8.404; and  (1) All findings for approval required for conditional use permit as specified in (2)The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and (3) The proposed facility will comply with all generally applicable laws. $9-7.1006 Location, Design and Development Standards for Wireless Facilities. Each wireless facility subject to this article shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section. A qualifying eligible facilities request and a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1) shall only be required to comply with the location, design, and development standards in subsections    1,m,0,1,5,4, and V oft this section.  (a) Visual Criteria.  (1) Generally. Wireless facilities shall be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g.,  color, materials, size, and scale).  (2) Materials. The materials used shall be non-reflective and non-flammable. (3) Stealth Design. All wireless facilities shall be designed to incorporate (4) Concealment. The wireless facility and transmission equipment should be camouflaged or concealed to blend the facility with surrounding materials and colors of the support structure on which the facility is installed. Concealment elements include, but  concealment elements and screening to be a stealth facility.  are not limited to, the following:  (1) Radio frequency (RF)transparent screening or shrouds;  (ii).. Matching the color of the existing support structure by painting, coating, or otherwise coloring the wireless facility, equipment, mounting brackets, and  cabling;  (ii) Placing cables and wires inside the pole or beneath conduit of the  smallest size possible;  (iv) Minimizing the size of the site; area surrounding the proposed site; and (vi) Using paint of durable quality.  (v) Installing new infrastructure that matches existing infrastructure in the  (5) Collocation or placement on existing structures shall be utilized to the extent (b) Specific plan areas. Within any specific plan area, all wireless facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in  technically feasible.  architectural features. (c)L Location.  (1) Preferred Locations/Zones. The City prefers installations in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R);  and Public (P).  (2) Existing Infrastructure Preference. The City has a preference for the use of    existing infrastructure.  (3) Prohibited Zones. Installations are prohibited in flood plains, sensitive species (d)) Visibility from public places. A wireless facility installed in al location readily visible from ap public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's  areas, and on any parcel within a residential zone.  communication needs.  (e) Height and Setbacks. All wireless facilities (including any ground mounted communication equipment, antennas, poles, or towers) shall comply with all height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground-mounted equipment shall comply with all setback requirements oft the (f) Accessory Equipment. Undergrounding equipment, including remote radio units that cannot be placed with the antenna in the shroud, is preferred. Vaults and pull boxes shall be installed flush to grade. Ground-mounted equipment shall incorporate camouflaging and shrouding to match the colors, appearance, and materials of existing facilities and (g) Cables and Wiring. All cables and wiring must be within the structure, ori ifr not feasible, within conduit on the exterior of the structure. The conduit must be a color that matches (h) Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual (i) Natural appearance. Ground-mounted facilities shall be enclosed in cabinets, sized only for the needed equipment and screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna () Lighting. No facility shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area  underlying zone.  screen facilities from public view as much as is technically feasible.  facility and of the smallest size technically feasible.  impacts.  and antenna towers from off-site views.  property.  (k) Standards for wall- and building-mounted facilities.  (1) Roof-mounted antennas. Roof-mounted antennas shall be set back from the edge of the roof a distance at least as great as the height of the antenna or shall be    completely screened sO as not to be visible to the general public from ground level. (2) Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of50 () Unauthorized access. All facilities shall be designed SO as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive (m) Noise standards. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, the applicable noise level standards in Avalon Municipal Code Chapter (n) Undergrounding. Extensions of electrical and elecommunications land lines to serve (o) Signs. No logos, decals, or advertising of any type may be affixed to any element of the wireless facility, equipment, or pole, except as required by federal or state law. Further, the City requires that a placard or decal listing the facility owner's name and emergency contact phone number be places in an inconspicuous area on an element of (p) Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed (q) Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation of the applicant's facility. Applicant must use native landscaping unless otherwise specified by the City. The applicant's landscaping plan shall be subject to the City's review and approval but shall, ataminimum, match the existing landscaping and foliage surrounding the installation site. (r) Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions oft this section and this article as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless elecommunications service providers. If existing standards or regulations are changed, the applicant shall bring itsi facility into compliance with the new: standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Planning Director or other applicable City decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds  square feet per building face.  nuisances.  5-13.  wireless elecommunications facilities shall be undergrounded.  the equipment or on the pole directly below the antenna.  necessary by the City.    for permit revocation.  (s) Public health. No wireless facility shall be sited or operated in such a manner that it poses, either by itself ori in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, (t) Modifications. Any modifications to existing facilities or equipment or collocations shall (u) Electric Service. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. Where meters are required, use the (v) Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti.  noncomplying facility constructed within the City.  not defeat the concealment elements of the existing structure/facility.  narrowest electric meter and disconnect available.  $9-7.1007. Standard Conditions of Approval.  All permits issued in accordance with this article, whether approved by the Planning Director, Planning Commission and/or City Council considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The Planning Director and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by- case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper operation of the approved facility consistent with (a) Permit term. Except for eligible facilities requests, a permit for a wireless facility issued in accordance with this article will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, unless the City establishes a shorter term for public safety or substantial land use reasons pursuant California Government Code S 65964(b). Any other permits or approvals issued in connection with an application subject to this Article, which includes without limitation any permits or other approvals deemed- granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal (b) Code compliance. The permittee shall at all times maintain compliance with all  the goals of this article.  or state law.  applicable federal, state and local laws, regulations and other rules.    (c) Inspections - Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. (d) Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include aphone number, street mailing address and email address for atl least one natural person. All such contact information for responsible parties shall be provided to the Planning Director upon permittee's receipt of the Planning Director written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Planning Director upon that person's verbal (e). Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Avalon, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, ifapplicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the City's communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. Iti is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonabywitnnes, thel legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. (f) Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that (g) General maintenance. The site and the facility, including but not limited to all  request.  shield the facility from view, shall be considered stealthing elements.    landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval. (h) Graffiti removal. All graffiti on facilities must be removed at the sole expense of the ()RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee ori its representative must provide the City documentation demonstrating compliance with all applicable RF () Build-out period. This permit shall lapse one year after its date of approval unless one  permittee within 48 hours after notification from the City.  emissions standards as certified by a licensed engineer.  of the following has occurred: construction diligently pursued; or  (1)Ab building permit has been issued, substantial money has been expended, and  (2) A certificate of occupancy has been issued; or  (3) The facility is constructed or modified as approved and in operation; or (4) The build-out period is extended by the City authority which originally approved (k)Lapse. The permit shall automatically lapse ift there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more. (Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is (m) Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, (n) Modifications. No changes shall be made to the approved plans without review and (o) Performance and maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life oft the permit. This shall include keeping the structures maintained to the visual standards established: at thet time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee.  the permit.  prohibited on weekend days.  state, and local laws, rules, and regulations. approval in accordance with this article.    (p) Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, ori is revoked, ori is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless facility and all related facilities and equipment on the site, based on the higher of two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking oft the bond, based on the hourly rate adopted by the City council. Reimbursement shall be paid when the security is posted and during each administrative (q) City access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the (r)E Encourage consolidation. Where the wireless facility site is capable of accommodating another facility upon the same site, the owner and operator of the facility shall allow another carrier to place its facilities and equipment thereon, provided the parties can (s) Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the Planning Director with a copy of any notice of such violation issued by any federal agency and shall notify the Planning Director (t) Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless facility operating under a use permit that has expired and the site shall be restored toi its previous condition. The service provider shall provide the public works and planning development department with a notice ofi intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of (u) Compliance verification. No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately  review.  permittee, prior to disabling or removing wireless facility elements.  mutually agree upon reasonable terms and conditions.  once the facility comes back into compliance with applicable standards.  the discontinuation oft the use.    licensed professional conduct a noise study oft facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Planning Director within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee isf fully complying with all conditions related to any permit or approval granted under this (v) Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval, any eligible facilities request approved pursuant to this article shall be subject to the following standards of conditions unless modified by the  article.  Planning Director or City Manager.  (1) No permit term extension. The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The City's grant or grant by operation of law of a zoning permit for an Eligible Facilities Request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory  approval for the subject tower or base station.  (2)Nowaiver ofs standing. The City'sgrant or grant by operation of law of an Eligible Facilities Request does not waive, and shall not be construed to waive, any standing by the City to challenge any federal statute or regulation concerning Eligible Facilities  Requests or any Eligible Facilities Request.  (3) Permit subject to conditions of underlying permit. Zoning permits for Eligible Facilities Requests shall be subject to the terms and conditions of the underlying permit  for the existing tower or base station. $9-7.1008. Nonconforming Facilities.  Nothing in this article shall validate any illegal or unpermitted wireless facilities installed prior to the effective date of this Article. All previously installed wireless facilities shall comply with this Article and are required to obtain a permit issued pursuant to this Article, when applicable in accordance with Chapter 9-8, Article 7, to be considered legal and  conforming. $9-7.1009. Revocation.  (a) Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable    period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council pursuant  Section 9-8.206.  (1)lft the permit is revoked pursuant to this section, the permittee shall remove its facility at its own expense and shall repair and restore the site to the condition that existed prior to the facility's installation or as required by the City within 90 days of revocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all necessary permits for the facility's removal and site  restoration.  (2) At any time after 90 days following permit revocation, the City may require the facility to be removed and restoration of the premises as the City deems appropriate. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The City may, in lieu of storing the removed facility, convert it to the City's use, $9-7.1010. Limited Exceptions to Development, Design, and Location Standards. (a) The Planning Director, or designee, Planning Commission and/or City Council considering an application submitted for approval pursuant toi this article may grant limited exceptions to the design, development and location standards for wireless facilities subject to this article, ifiti is determined that the applicant has established that denial of an application or strict adherence to the design, development and location standards  sell it, or dispose ofiti in any manner deemed appropriate by the City.  would:  (1)F Prohibit ore effectively prohibit the provision of personal wireless services, within  the meaning oft federal law; or  (2) Otherwise violate applicable laws or regulations; or  (3) Require a technically infeasible location, design or installation of a wireless (4) Involve only minor noncompliance with a requirement, provided such noncompliance either results in no increase in visual harms to the community or provides (b) If the applicant requests a limited exception and the Planning Director or designee, Planning Commission, and/or City Council considering the application finds that an exception isv warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or  facility;  other benefits.  installation or minor noncompliance.    AVALON PLANNING COMMISSION STAFF REPORT- PC#2867 Wednesday, ,July 17,2024  Application File: N/A  Item No.  -Public Hearing Submitted by: Bennett Givens, BBK; Kelly Ribuffo, Contract Planner  A Public Hearing and consideration of a resolution recommending approval of an ordinance amending Chapter 9-7, Article 10 of the Avalon Municipal Code regarding installation and operation of antennas and wireless facilities on public and private property outside of the public right-of-way. The proposed ordinance is exempt from environmental review per State CEQA  Guidelines Sections 15378 and 15061(b)(3).  BACKGROUND  Brief Overview of State and Federal Limits on CityA Authority to Site Wireless Facilities:  State and federal law generally recognize and preserve local zoning authority over the placement, construction and modification ofwireless communications facilities. However, various state laws, federal laws, and Federal Communications Commission (FCC) regulations impose significant constraints on the exercise of local authority. Principal among them is the federal  Telecommunications Act of1996 (47 U.S.C. 332(c)(7)) which provides that:  Local action on applications must to be within a reasonable period oft time; Local regulations and placement decisions may not prohibit or effectively prohibit the Denials must be in writing and supported by substantial evidence; Any consideration ofl RF emissions in siting decisions is prohibited difapplicant meets FCC Local agencies may not unreasonably discriminate among providers of functionally  provision of personal wireless services;  standards;  equivalent services; and  Wireless applicants are entitled to expedited appeals to court.  Recent Updates to State and Federal Law Since 1997Adoption ofCity's Wireless Regulations The City's regulations for antennas and wireless facilities located outside the right-of-way on public and private property (AMC Chapter 9-7, Article 10) have not been updated since 1997. However, in 2019, the City adopted Ordinance No. 1176-19, which provided a process for approval of wireless facilities in the public rights-of-way (AMC Chapter 4-9, Article 3) following the FCC's adoption of the Small Cell Order discussed more fully below. The proposed ordinance seeks to update and streamline the City wireless regulations for facilities outside the public right- of-way in light of numerous federal and state laws and regulations that have since taken effect, which (among other things) significantly restricted local control over the permitting and placement  for Facilities Outside the Public Right-of-Way:    ofwireless facilities. Noteworthy features oft these recent regulations include the following: ("FCC") adopted a Third Report & Order and Declaratory Ruling, 33 FCC Rcd. 7705 (rel. Aug. 3,2018)C'Moratoria Order"), that, among other things, contained a declaratory ruling prohibiting express and de facto moratoria for all personal wireless services, elecommunications services and their related facilities under 47 U.S.C. $ 253(a) and directed the Wireless Telecommunications Bureau and Wireline Competition Bureau to hear and resolve all complaints on an expedited basis. The declaratory ruling in the Moratoria Order was made effective upon release. This means that there can be no pause in accepting or processing applications to allow a city to study and address  1.  Ban on Moratoria: On August 2, 2018, the Federal Communications: Commission  potential issues. 2.  Shot Clocks and Deemed Granted Remedies: The FCC has adopted shot clocks  (i.e., timelines) within which a local government must act on wireless facility applications. The most recent shot clocks have focused on applications for small wireless facilities and modifications  to existing wireless facilities.  2009, Shot Clocks: In 2009, the FCC adopted a Declaratory Ruling, 24 FCC Rcd. 18994 (rel. Nov. 18, 2009), to clarify existing federal law requiring local governments to act on wireless facility applications within a reasonable period of time. In that Declaratory Ruling, the FCC established two shot clocks for local action on wireless facilities applications:(I) a 60-day shot clock for collocations onto existing structures; and (2) a 150-day shot clock for all other types of  wireless facility applications.  The State of California later adopted AB 57 (Gov. Code 65964.1), which that took effect on January 1, 2016, and created a "deemed granted" remedy (effective January 1, 2016 for collocations onto existing structures and "other" applications; effective January 1,2022 for small cells) if the local government failed to act on an application during the time period allowed under the applicable FCC shot-clocks. This "deemed granted" remedy under state law is available for any application under these shot clocks other than those proposed for placement on fire department  facilities.  Eligible Facilities Requests: In 2012, Congress adopted a law (codified as 47 CFR Sec. 1455) requiring that certain applications to modify or add to existing wireless facilities must be approved at the local level. If the federal criteria are met, the City has no discretion and must approve a qualifying eligible facilities request. In 2014, the FCC adopted an implementing Order, including height and size criteria and a 60-day shot clock to process these Section 6409(a) requests or "eligible facilities requests" (29 FCC Rcd. 12865). More recently in 2020, the FCC: adopted two separate orders to further clarify and change its rules to further facilitate these types of deployments. A failure to act within this FCC shot clock period can result in the application being  deemed approved under federal law.  Small Wireless Facilities Shot Clocks: On September 26, 2018, the FCC adopted a Declaratory Ruling and Third Report and Order, 33 FCC Rcd. 9088 (rel. Sep. 27, 2018) ("Small  Cell Order"), which, among other things:  2    Created new shorter (60-day and 90-day) shot clocks for small wireless facilities Interpreted existing shot clock regulations to require local public agencies to issue Established a national standard for an effective prohibition related to small wireless  (as defined in the Small Cell Order);  all relevant permits and authorizations within this period;  facilities that replaced the existing "significant gap" test adopted by the United States Court of  Appeals for the Ninth Circuit; and constitutes an effective prohibition.  Provided that a failure to act within the applicable timeframe presumptively The Small Cell Order went into effect inj part on January 14, 2019, and inj part on April 15, 2019. On August 12, 2020, a three-judge panel of the Ninth Circuit Court of Appeals upheld the Moratoria Order and significant portions oft the Small Cell Order, including the shorter shot clocks and remedies for failing to meet a shot clock. (City of Portland V. United States, 969 F.3d 1020 (9th Cir. 2020) ("City ofPortland"). On October 22, 2020, the Ninth Circuit Court of Appeals denied a petition for further Ninth Circuit review of the above-referenced panel's decision by the entirel Ninth Circuit judiciary known as "en banc"review. The Supreme Court ofthe United States  also denied aj petition to hear an appeal.  In 2021, the California legislature enacted AB 537 amending Gov. Code 65964.1, which further expanded the reach of AB 57's deemed granted remedy to apply to small wireless facility applications. Following AB 537, a deemed approved remedy is available either under state law or under federal law (for eligible facilities request applications) for each and every wireless facility application type- -which is triggered when the local government fails to render a final decision on awireless facility application and issue all necessary approvals by the applicable FCC shot clock  deadline. 3.  Limits on Design Standards: In addition to the foregoing, the Small Cell Order  placed limits on aesthetic regulations for small wireless facilities, including undergrounding. Under the Small Cell Order, local aesthetic regulation of small wireless facilities are permissible sO long as they are reasonable, no more burdensome than those applied to other types of infrastructure deployments, objective, and published in advance (so that applicants know the  applicable small wireless facility aesthetic requirements).  In City ofPortland discussed above, the Ninth Circuit invalidated certain portions of the FCC's Small Cell Order that imposed new rules for aesthetic standards for small wireless facilities. Now, a city's aesthetic regulations for small wireless facilities will not be preempted if they are  (1)reasonable (technically feasible); and (2) published in advance.  4. Limits on Fees: State law requires wireless facility-related permit and/or application fees to be cost-based. The Small Cell Order declared that all small wireless facility- related fees (including permit fees and rental fees for use of govemment-owned infrastructure, such as streetlights) must be based on a reasonable approximation oft the local government's costs, such that only objectively reasonable costs are factored into those fees, and fees are no higher than  3    the fees charged to similarly situated competitors in similar situations. The FCC established presumptively reasonable fee levels for small wireless facilities (called "safe harbors") that include: non-recurring fees equal to $500 for a single application for up to five collocations, plus $100 for each additional collocation, and $1,000 for each new pole. Recurring fees for small wireless facilities for attachment to a local government's poles are presumed reasonable if equal to $270 per facility/per year, including the fee for attachment to the infrastructure and use of the  public right-of-way.  PROJECT DESCRIPTION, AND RECOMMENDATIONS  Staff and the City Attorney's Office reviewed the City's existing processes and regulations governing wireless facilities outside ofthe public right-of-way: and determined that various updates and amendments to the Title 9; Chapter 9-7; Article 10 "Antennas and Wireless Facilities" are warranted in order to comply with the changes in federal and state law outlined above. The A. Clarifies and sets forth types of wireless facilities that are exempt from the provisions of Article 10 such as ePICAPECPIORdVCS, amateur radio antennas, governmental  proposed ordinançe:  public safety facilities and certain temporary emergency facilities;  B. Sets forth three permitting processes:  a. Administrative Wireless Permit: Creates a new Administrative Wireless Permit type that is reviewed by the Planning Director or designee. No public hearing isr required, and an applicant may appeal a decision to the Planning Commission who will hear the appeal de novo. Administrative Wireless Permits are required for: a) an eligible facilities request, (b) a proposed "collocation facility" as defined in Government Code section 65850.6(d)(1); and (c) a new small wireless facility to bej placed upon an existing structure. b. Site Plan Review: Site Plan Review Approval by the Planning Commission is required for (a) a new small wireless facility that involves placement of a new or replacement structure and (b) a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition ofa small wireless facility or which will not meet the definition of a small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an Conditional Use Permit and Site Plan Review: Conditional Use Permit and Site Plan Review approval is required for any other type of wireless facility that does not qualify for either site plan review or an administrative wireless permit described  eligible facilities request;  above.  4    C. Updates application submittal requirements and findings ofapproval; aesthetics, landscaping, setbacks and lighting among other topics;  D. Establishes location, design, and development standards for wireless facilities, such as a. Generally, all wireless facilities must be designed to incorporate concealment elements and screening to be a stealth facility, and must be designed in the least visible means possible and be aesthetically compatible with the surrounding area b. Wireless facilities are preferred in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and Public (P), and prohibited ini flood plains, sensitive species areas, and on any parcel within a residential zone. Wireless facilities are subject to the height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground- mounted equipment shall comply with all setback requirements of the underlying  and structures (e.g., color, materials, size, and scale);  The City's Zoning Map is attached hereto as Attachment 2.  zone.  E. Sets forth standard conditions of approval that apply to all permits issued in accordance with Article 10, even in the event an application is deemed approved by operation ofl law; F. Createsap process forr requesting and granting limited exceptions toi the design, development  and  and location standards for wireless facilities subject to Article 10.  GENERAL PLAN/LOCAL COASTAL PROGRAM COMPLIANCE  The Avalon General Plan recognizes that Avalon is a unique island community with limited resources, including land area. The Land Use Element set forth goals and policies which balance community growth and protection of natural resources through organized development practices. The Land Use Element is also incorporated as an integral part of the City's certified Local Coastal Program (LCP) Lane Use Plan. In particular, the Land Use Plan emphasizes Avalon's unique charm, characterized by viewsheds, coastline access, open space and recreational opportunities. The proposed ordinance implements the following General Plan Goals and Policies:  Policy II-1 oft the Land Use Element:  "Use the City's Zoning Ordinance and any applicable residential, commercial, resort, and open space design standards to guide the character of development and ensure compatibility with  existing residential, commercial, resort, and open. space uses. "  5    Regular review and update of the Avalon Municipal Code allows the City to adapt to changing State and federal regulations while providing the community, and potential developers, with clear direction to plan for future development projects. The proposed ordinance sets forth specific permitting processes and design standards for new wireless facilities and antennas on private property. Where the City has discretion, design and development standards have been proposed to provide visual compatibility with surrounding commercial and residential development, and to limit haightofbulding-moumed and freestanding facilities sO as to preserve the low-rise character Therefore, the proposed ordinance is in compliance with both the Avalon General Plan and the  ofc downtown and significant vistas of the harbor and surrounding hillsides.  LCP.  ENVIRONMENTAL DETERMINATION  California Environmental Quality Act:  The proposed policy is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15378 and 15601(b)(3) because it has no potential to have a The proposed ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA"), because it has no potential to result in a direct or indirect physical change in the environment. The proposed ordinance does not authorize any specific development ori installation on any specific piece of property within the City's boundaries. Moreover, when and if an application for installation is submitted, the City will at that time conduct preliminary review of Alternatively, even if the proposed ordinance is a "project" within the meaning of State CEQA Guidelines Section 15378, the ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment. (State CEQA Guidelines, $ 15061(b)(3)). This is because approval oft the ordinance will not result in the actual installation of any facilities in the City. In order toi install ai facility in accordance with this ordinance, the wireless provider would have to submit an application for installation of the wireless facility, and the City Moreover, in the event that the proposed ordinance is interpreted sO as to permit installation of wireless facilities on a particular site, the installation would be exempt from CEQA under State CEQA Guidelines sections 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land). For example, the ordinance provides for an administrative wireless permit only for eligible facilities requests (which the City does not have discretion to deny under federal law, and which therefore are not subject to  significant effect on the environment and is not subject to CEQA.  the application in accordance with CEQA.  would conduct preliminary review under CEQA at that time.  6    CEQA), collocation facilities, as defined in Government Code section 65850.6(d)(1) (which the City does not have discretion to deny under state law, and which therefore are not subject to CEQA), and new small wireless facilities to be placed upon an existing structure, which fall squarely within the exemption set forth in State CEQA Guidelines section 15302. For all of the  foregoing reasons, the ordinance is not subject to CEQA.  AUTHORIZING GUIDELINES  AMC Section 9-1.106 authorizes the Planning Commission to review and take action on recommendations to the City Council on amends to the. Avalon Municipal Code.  PUBLICI NOTICE  The Hearing Notice was published in Catalina Islander on July 5, 2024. The Hearing Notice was  posted in three location(s) on the same date.  STAFF RECOMMENDATIONS  Staffrecommends the Planning Commission adopt the attached Resolution, which will:  1. Recommend to City Council adoption of an Ordinance amending Title 9: Planning and Zoning/Chapter 9-7 General Standards ofl Development/Article 10"Antennas and Wireless 2. Find the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15378 and 15061(b)(3) and direct staff to prepare and file with the Office of Planning and Research and the Clerk of the County of Los Angeles a Notice of Exemption (NOE) as provided under Public Resources Code Section 21152(b) and CEQA Guidelines Section 15062.  Facilities".  ATTACHMENTS  1. Planning Commission Resolution No. PC24-07  2. Zoning Map  7    RESOLUTION NO. 24-07  A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AVALON RECOMMENDING APPROVAL OF AMENDMENTS TO CHAPTER 9-7 GENERAL STANDARDS OF DEVELOPMENT/ARTICLE 10 "ANTENNAS AND WIRELESS FACILITIES" AND FINDINGS UNDER THE CALIFORNIA ENVIRONMENTAL  QUALITY ACT  WHEREAS, pursuant to the authority granted to the City of Avalon ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designated to promote public convenience and  general prosperity, as well as public health, welfare, and safety; and  WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Section 9-1.106 to review and take action on recommendations to amend municipal code  regulations; and resources; and  WHEREAS, the Planning Commission reviewed the proposed Ordinance, attached as Exhibit A, and the effects and demands of such regulations and other development on the City's  WHEREAS, on July 17, 2024, the Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the proposed regulations for antennas and wireless facilities on public and private property outside oft the public  right-of-way within the jurisdiction oft the City; and  WHEREAS, the Planning Commission has considered the staff report, supporting WHEREAS, all other legal pre-requisites for the consideration oft the proposed municipal NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF Section 1. Incorporation of Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings. Section 2. Code. Amendment. Chapter 9-7, Article 10 ofthe Avalon Municipal Code shall be amended to read as proposed in Exhibit A, Title 9: Planning and Zoning/Chapter 9-7 General Section 3. Severability. Ifany section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereofi is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity oft the remaining portion oft this Resolution or any part  documents, public testimony, and all pertinent information submitted; and code regulations by the Planning Commission have occurred. AVALON DOES HEREBY RESOLVE AS FOLLOWS:  Standards ofDevelopmentAricle 10 "Antennas and Wireless Facilities".    thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective oft the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be Section 4. CEQAE Exemptions. The Planning Commission finds that this proposed Ordinance is not a "project" subject to the California Environmental Quality Act ("CEQA"), because it has no potential to result in a direct or indirect physical change in the environment. The Ordinance does not authorize any specific development or installation on any specific piece ofproperty within the City's boundaries. Moreover, when and ifa an application for installation is submitted, the City will at that time conduct preliminary review of the application in accordance with CEQA. Alternatively, even if the Ordinance is a "project" within the meaning of State CEQA Guidelines Section 15378, the Ordinance is exempt from CEQA on multiple grounds. First, the Ordinance is exempt from CEQA because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. (State CEQA Guidelines, $ 15061(b)(3). This is because approval of the Ordinance will not result in the actual installation ofany facilities in the City. In order to install a facility in accordance with this Ordinance, the wireless provider would have to submit an application fori installation oft the wireless facility, and the City would conduct preliminary review under CEQA at that time. Moreover, in the event that the Ordinance is interpreted SO as to permit installation of wireless facilities on aj particular site, the installation would be exempt from CEQA under State CEQA Guidelines sections 15302 (replacement or reconstruction), 15303 (new construction or conversion of small structures), and/or 15304 (minor alterations to land). For example, the Ordinance provides for an administrative wireless permit only for eligible facilities requests (which the City does not have discretion to deny under federal law, and which therefore are not subject to CEQA), collocation facilities, as defined in Government Code section 65850.6(d)(1) (which the City does not have discretion to deny under state law, and which therefore are not subject to CEQA), and new: small wireless facilities to bej placed upon an existing structure, which fall squarely within the exemption set: forth in State CEQA Guidelines section 15302. Forall ofthe foregoing reasons, the Ordinance  declared unconstitutional, void, or invalid.  ist not subject to CEQA.  BE IT FURTHER RESOLVED that a copy oft this Resolution be delivered to the City of  Avalon City Clerk for transmittal to the City of Avalon City Council. PASSED, APPROVED AND ADOPTED this 17h day ofJ July, 2024.  Chairman  ATTEST:  Dave M. Maistros, City Manager    CERTIFICATE:  I,Donna Terpinitz-Romo, hereby certify that the foregoing Resolution 24-07 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 17th day of  July, 2024, by the following vote:  AYES: NOES: ABSENT: ABSTAIN:  Donna Terpinitz-Romo, Senior Administrative  Assistant    EXHIBIT A  TITLE! 9: PLANNING AND ZONINGICHAPTER 9-7 GENERAL STANDARDS OF DEVELOPMENT/ARTICLE 10 ANTENNAS AND WIRELESS FACILITIES"  $9-7.1001 - Purpose.  The purpose oft this article is to establish a comprehensive set ofzoning requirements for antennas and wireless telecommunications facilities on public and private properties. These regulations are intended to provide for the managed development of antennas and wireless elecommunications facilities in a manner that recognizes and enhances the community benefits ofwireless telecommunications technology and reasonably accommodates the needs ofc citizens and wireless telecommunications service providers in accordance with federal and state rules and regulations. At the same time, these regulations are intended toj protect neighbors from potential adverse impacts ofs such facilities, including but not limited to noise, traffic, aesthetic and other impacts over which the City has purview, and toj preserve the visual character oft the established community through appropriate design, siting, screening, maintenance, and location standards.  9-1002-Detmitions:  The following words and phrases, as used in this article, are defined as follows: (a) ADMINISTRATIVE WIRELESS PERMIT - Shall mean aj permit issued and reviewed administratively by the Planning Director, or designee, pursuant to the process described in this article authorizing the placement or modification ofa wireless facility ofa design specified in the permit at a particular location; and the modification of any existing support structure to which (b) ANTENNA Shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic (C)APPLICANT- - Shall mean aj person filing an application for placement or modification ofa (d) BASE STATION - Shall have the same meaning as provided in 47 C.F.R. $ 1.6100(b)(1),  the wireless facility is proposed to be attached.  waves when such system is operated or operating from a fixed location.  wireless facility under this Article 10.  as may be amended, which defines that term as follows:  (1) A structure or equipment at a fixed location that enables Commission-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower or any equipment associated with at tower.  (1)7 The term includes, but is not limited to, equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul. (ii) The term includes, but is not limited to, radio transceivers, antennas, coaxial orf fiber-optic cable, regular and backup power supplies, and comparable equipment,    regardless oft technological configuration (including Distributed Antenna Systems and (ii) The term includes any structure other than a tower that, at the time the relevant application is filed with the State or local government under this section, supports or houses equipment described in subsections 1 and 2 ofthis definition that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even ifthe structure was not built for the  small-cell networks).  sole or primary purpose of providing such support.  (iv) The term does not include any structure that, at the time the relevant application is filed with the State or local government under this section, does not support  or house equipment described in subsections 1 and 2 oft this definition.  ()COLLOCATION: - Shall for eligible facilities requests only, have the same meaning as provided in 47 C.F.R. S 1.6100(b)(2), as may be amended, which defines that term as "[the mounting or installation oft transmission equipment on an eligible support structure for the purpose oft transmitting and/or receiving radio frequency signals for communications purposes." (f) DISTRIBUTED ANTENNA SYSTEM or DAS - Shall mean a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a' "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal @ELIGIBLEFACILITES: REQUEST Shall mean the same as provided in 47 CF.R.S 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [cJollocation of new transmission equipment; (ii) [rJemoval of transmission equipment; or (iri) Irleplacement oft transmission equipment." (h) ELIGIBLE SUPPORT STRUCTURE - Shall mean the same as provided in 47 C.F.R. $ 1.6100(b)(4), as may be amended, which defines that term as "Ta]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with (i) EQUIPMENT CABINET - Shall mean a small enclosure used to house multiple items of () EXISTING - Shall mean, for purposes of anl Eligible Facilities Request, the same as provided in 47 C.F.R. $ 1.6100(b)(5), as may be amended, which provides that "Ta] constructed tower or base station is existing for purposes of [the FCC's Eligible Facilities Request regulations] ifit has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully  transfer services.  the state or local government under this section." equipment associated with a wireless facility.  constructed, is existing for purposes of this definition."    (k) FEDERAL COMMUNICATIONS COMMISSION ("FCC") - Shall mean the Federal (I)N MONOPOLE Shall mean a single freestanding pole, post, or similar nonlattice structure (m). PERSONAL WIRELESS SERVICES Shall mean the same as provided in 47 U.S.C.S 332(c)(7)(C)6), as may be amended, which defines that term as commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services." (n)] PLANNING DIRECTOR Shall mean the City of Avalon's Director ofl Planning and (0) RADIO1 FREQUENCY ("RF") - Shall mean a rate of oscillation, which corresponds to the frequency ofradio waves, and the alternating currents which carry radio frequency, O)ROOP-MOUNTED: or. BUILDING-MOUNTED ANTENNA - Shall mean an antenna directly attached or affixed to the roofof, on the wall, or elsewhere on aj preexisting building, (q) SITE - Shall mean the same as provided in 47 C.F.R. $ 1.6100(b)(6), as may be amended, which provides that "Iflor towers other than towers in thej public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area inj proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries ofas site are the boundaries that existed as oft the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, ift the approval oft the modification occurred prior to the Spectrum (r) SMALL WIRELESS FACILITY Shall have the same meaning as "small wireless facilities" in 47 CFR 1.6002(1), or any successor provision (which is aj personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth  Communications Commission or its lawful successor.  used to support antennas and equipment associated with a wireless facility.  Building Department, or designee.  electromagnetic, or other wireless signals.  tank or similar structure other than a' Tower.  Act or otherwise outside oft the [eligible facilities request] process."  below):  (1) The facility:  (1) Is mounted on structures 50 feet or less in height including their antennas as (ii) Is mounted on structures no more than 10 percent taller than other adjaçent (iii) Does not extend existing structures on which they are located to a height of  defined in. $ 1.1320(d); or structures; or  more than 50 feet or by more than 10 percent, whichever is greater; (2) Each antenna associated with the deployment, excluding associated antenna    equipment [as defined in the definition of' "antenna" in 47 CFR Section 1.1320(d)], is no more  than three cubic feet in volume;  (3) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the  structure, is no more than 28 cubic feet in volume; ofTitle 47 oft the Code of Federal Regulations;  (4) The facility does not require antenna structure registration under part 17 of Chapter 1 (5) The facility is not located on Tribal lands, as defined under 36 C.F.R. S 800.16(x); (6) The facility does not result in human exposure to radiofrequency radiation in excess (S)STEALTH FACILITY Shall mean any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, ifvisible, appear to be part oft the existing natural or built environment rather than as (t) SUBSTANTIAL CHANGE Shall mean the same as provided in 47 C.F.R.S 1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following (1) For towers other than towers in the public rights-of-way, it increases the height oft the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty feet, whichever is greater; for other eligible support structures, iti increases the height of the structure by more than 10% or more than ten  and  of the applicable safety standards specified in 47 CFR $ 1.1307(b).  a wireless facility.  criteria:  feet, whichever is greater;  (1) Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved  prior to the passage of the Spectrum. Act.  (2) For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body oft the tower that would protrude from the edge of the tower more than twenty feet, or more than the width oft the tower structure at the level oft the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body oft the structure that would protrude from the edge of the structure by more than six feet; (3) For any eligible support structure, iti involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;    or, for towers in the public rights-of-way and base stations, it involves installation ofa any new equipment cabinets on the ground ift there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;  (4) It entails any excavation or deployment outside of the current site, except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction. The site boundary from which the 30 feet is measured excludes any access or utility easements currently  related to the site;  (5) It would defeat the concealment elements of the eligible support structure; or (6)It does not comply with conditions associated with the siting approval oft the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in (1) through (4) [which correspond to (u)T TOWER Shall mean any structure built for the sole or primary purpose ofs supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles. ()TRANSMISSION EQUIPMENT Shall mean the same as provided in 47 C.F.R.S 1.6100(b)(8), as may be amended, which defines that term as "lelquipment that facilitates transmission for any [FCC)-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as (w) WHIP ANTENNA - Shall mean a single shaft antenna, including all mounting equipment. (x) WIRELESS FACILITY or FACILITY - Shall mean the antennas, antenna structures, equipment, equipment cabinets, cables, and other types ofinstallations and related appurtenances used for the provision ofwireless services at a fixed location, including, without limitation, any  47 CFR $ 1.6100(b)(7)() through (iv)].  fixed wireless services such as microwave backhaul."  associated tower(s), support structure(s), and base station(s).  $9-7.1003 -1 Exemptions.  (a) The requirements of this article do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Avalon Municipal Code and all other applicable state and federal  law.  00/aeargplodrits (OTARD) antennas.    (i) Satellite dishes 39.37 inches (one meter) or less. Direct broadcast satellite (DBS) antennas and multipoint distribution services (MDS) antennas measuring one meter or less in diameter (or diagonal measurement) and either: (a) intended for the sole use ofaj person occupying the same parcel to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as telecommunications services; and  (ii) Non-satellite dishes 39.37 inches (one meter) or less. A dish antenna 39.37 inches or less in diameter or diagonal measurement and (a) intended for the sole use ofa person occupying the same parcel to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite or (b) a hub or relay antenna used to receive or transmit fixed wireless services that are not classified as (2) Television broadcast system (TVBS) antennas, provided: (a) the antenna is located entirely on and/or above the subject property, and (b) no portion of any ground-mounted antenna is within a required front yard setback for the main building, in front oft the main building, within  telecommunications services.  ar required side yard setback ofa corner lot or adjacent to a street. amateur radio operators that met the following requirements:  (3). Amateur radio antennas. Antennas and antenna structures constructed by or for  (i) That are completely enclosed within a permitted building; or  (ii) That consist ofas single wire not exceeding one-fourth of an inch in diameter, and such wire antennas may be located in setback areas, provided the antenna does not  extend above the maximum building height in the district; or  (ii) That consist of a single ground-mounted vertical pole or whip antenna not exceeding fifty feet in height, measured from finish grade at the base of the antenna, and not located in any required setback area. Support structures or masts for pole or whip antennas shall conform to standards set outi in the California Building Standards Code. A (4) Public safety facilities. Telecommunications facilities used only for public safety or other noncommercial governmental functions, including personal wireless services, used, operated, and maintained by the City, or any fire district, school district, hospital, ambulance  building permit may be required for the support structure or mast.  service, governmental agency.  (5) Temporary mobile facilities. Mobile facilities placed on a site for less than seven (6) Temporary Emergency facilities. Wireless telecommunications facilities erected and operated for emergency situations, as designated by the Avalon Sheriff or City Manager, sO long  consecutive days, provided any other necessary permits are obtained.  as the facility is removed at the conclusion of the emergency.    (7). DAS. Distributed Antenna Systems or DAS installed and operated wholly within an (8). Antennas and wireless facilities within public rights-of-way. Antennas and wireless facilities placed wholly within public rights-of-way are governed by Avalon Municipal Code, Title 4, Chapter 4-9, Article 3 (Wireless Facilities in Public Rights-of-Way) and not this Article. (a)N No wireless facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining aj permit pursuant to the requirements oft this article and without obtaining all permits required under any other applicable state, federal, or local laws or  existing structure or building.  $9-7.1004. Permits Required; Application Requirements  regulations.  (1)Administrative Wireless Permit Required. An administrative wireless permit is required for (a) an eligible facilities request, (b) a proposed "collocation facility" as defined in Government Code section 65850.6(d)(I); and (c) a new small wireless facility to be placed upon  an existing structure.  (i)T The Planning Director or designee shall review, process, approve, conditionally approve or deny an application for administrative wireless permit in accordance with the procedures oft this section. No public hearing shall be required for an administrative wireless permit required by this article. An applicant may appeal the decision oft the Planning Director to the Planning Commission provided such appeal is filed with the City Clerk within 15 days following the issuance of the Planning Director's decision notification. Iftimely appealed, the Planning Commission shall review the application de novo.. The decision oft the Planning Director, upon the expiration ofs such 15 days ifno appeal is filed, or oft the Planning Commission on appeal shall be final. (2) Site Plan Review Approval Required. Site plan review approval is required for (a)a new small wireless facility that involves placement of a new or replacement structure and (b)a new personal wireless service facility that involves placement upon an existing structure which (1) does not meet the definition ofa small wireless facility or which will not meet the definition ofas small wireless facility if and when the proposed new personal wireless service equipment is installed upon the existing facility and/or structure and (2) either (i) the structure is not an existing tower or base station (as defined for eligible facilities request purposes) or (ii) the structure is an existing tower or base station (as defined for eligible facilities request purposes) but the proposed facility does not qualify as an eligible facilities request. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval in accordance with the procedure in Chapter 9-8, Article 2 except to the  extent modified by this Article.  (3) Site Plan Review and Conditional Use Permit Required. Both a Site Plan Review and ac Conditional Use Permit shall be required where the applicant is seeking to construct, place or modify a wireless facility that does not qualify under subsections (1) and (2) above. The Planning Commission shall review, process, approve, conditionally approve or deny an application for site plan review approval and conditional use permit in accordance with the    procedure in Chapter 9-8, Article 4 except to the extent modified by this Article. (b). Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless facility shall complete and submit an application to the Planning and) Building Department for review and processing, upon the form published by the Planning and Building Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission oft the following: (1)N Name of applicant, contact information, location of proposed site, description of the application type sought, and the name and contact information oft the user/ provider that will use (2) A brief narrative accompanied by written documentation and a site plan or map (3)Ar narrative and scaled map(s) that precisely disclose the geographic area(s) within the (4) AI radiofrequency (RF) environmental evaluation report certifying that the proposed wireless facility meets FCCregulations and standards for construction, maintenance and  the facility.  together with photo simulations that explain the project. City proposed to be serviced by the proposed facility.  operations.  (5) Payment of application fees.  (c) Consultants. The Planning Director, Planning Commission, or City Council considering the relevant permit issued pursuant to this article may require the application materials, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant. (d) Denials without prejudice. The denial of a permit application for an eligible facilities request shall be without prejudice. Toj promote efficient review and timely decisions, any application governed under this article regardless oft type may be denied without prejudice by the Planning Director, Planning Commission, or City Council when the applicant fails to tender a substantive response to the City within 120 calendar days after the City has deemed the application incomplete in a written notice to the applicant. The Planning Director, or designee, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause for an extension shall include, without limitation, delays due  to circumstances outside the applicant's reasonable control.  $9-7.1005 Findings of Approval (a). Administrative Wireless Permit:  (I) Findings for Approval for Small Wireless Facilities Subject to an Administrative Wireless Permit. No administrative wireless permit shall be approved for applications wherein an applicant seeks toj place ai new small wireless facility upon an existing structure unless, on the basis oft the application and other materials or evidence provided in review thereof, the following    findings are made:  (i)1 The facility shall conform with and carry out the General Plan and any (ii) The facility complies with all applicable requirements of this article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception (ii) The facility meets applicable requirements and standards of federal and state law, including all applicable general orders oft the California Public Utilities (iv) The facility is not detrimental to the public health, safety, and welfare. (2) Findings for Approval ofl Eligible Facilities Requests: No administrative wireless permit shall be approved for an eligible facilities request unless, on the basis oft the application and other materials or evidence provided in review thereof, the following  certified Local Coastal Plan for the area; and  thereof; and  Commission; and  findings are made:  () The proposed collocation or modification meets each and every one oft the applicable criteria for an eligible facilities request stated in 47 C.F.R. sections 1.6100(b)3)-(9),: or any successor provisions, after application oft the definitions in 47 C.F.R. section 1.6100(b). The reviewing City authority shall make an express finding for (ii) The proposed facility complies with conditions associated with the siting approval oft the construction or modification of the eligible support structure or base station equipment, except to the extent preempted by 47 C.F.R. sections 1.6100)70-(), or any successor provisions; and  each criterion; and  (iii) The proposed facility will comply with all generally applicable laws. (3) Findings for Approval of aj proposed "collocation facility" as defined in Government Code section 65850.6(d)(1): No administrative wireless permit shall be approved fora "collocation facility" unless, on the basis oft the application and other materials or evidence provided in review thereof the application complies with the requirements for the grant ofa (b) Site Plan Review Under This Article. No site plan review approval shall be approved or conditionally approved pursuant to this article unless, on the basis oft the application and other materials or evidence provided in review thereof, the following findings are. made:  ministerial permit under Government Code section 65850.6.  (1) All findings for approval required for site plan as specified in Section 9-8.203; and (2) The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design,    location, and development standards, or has a waiver exception thereof; and (3) The proposed facility will comply with all generally applicable laws. (c) Conditional Use Permit Review Under This Article. No conditional use permit shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:  (I) All findings for approval required for conditional use permit as specified in Section 9- (2)The facility complies with all applicable requirements of article, including all requirements for the requested permit; all application requirements; and all applicable design, location, and development standards, or has a waiver exception thereof; and  8.404; and  (3) The proposed facility will comply with all generally applicable laws. 9-.1006Location, Design and Development Standards for Wireless Facilities. Each wireless facility subject to this article shall be designed, installed and operated in compliance with these location, design and development standards, unless specifically stated otherwise in this section. A qualifying eligible facilities request and aj proposed "collocation facility" as defined in Government Code section 65850.6(d)(1) shall only be required to comply with the location, design, and development standards in subsections j,1 1,m,0,1,s, u, and V ofthis  section. (a) Visual Criteria.  (1)Generally. Wireless facilities shall be designed in the least visible means possible and be aesthetically compatible with the surrounding area and structures (e.g., color, materials, size,  and scale).  (2) Materials. The materials used shall be non-reflective and non-flammable. (3) Stealth Design. All wireless facilities shall be designed toi incorporate concealment (4) Concealment. The wireless facility and transmission equipment should be camouflaged or concealed to blend the facility with surrounding materials and colors oft the support structure on which the facility is installed. Concealment elements include, but are not  elements and screening to be a stealth facility.  limited to, the following:  (i) Radio frequency (RF) transparent screening or shrouds;  (i) Matching the color oft the existing support structure by painting, coating, or otherwise coloring the wireless facility, equipment, mounting brackets, and cabling; (iii) Placing cables and wires inside the pole or beneath conduit of the smallest    size possible;  (iv) Minimizing the size of the site;  (v)Installing new infrastructure that matches existing infrastructure in the area  surrounding the proposed site; and  (vi) Using paint of durable quality.  (5)Collocation or placement on existing structures shall be utilized to the extent  technically feasible.  (b) Specific plan areas. Within any specific plan area, all wireless facilities shall be completely screened from the view ofs surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features.  (c) Location.  (1) Preferred Locations/Zones. The City prefers installations in the following zones/locations: Commercial (C); Special Commercial (SC); Resort Recreation (R-R); and  Public (P). infrastructure.  (2). Existing Infrastructure Preference. The City has aj preference for the use ofe existing (3) Prohibited Zones. Installations are prohibited in flood plains, sensitive species areas, (d) Visibility from public plaçes. A wireless facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such ai manner as to be effectively unnoticeable. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's communication needs. (e) Height and Setbacks. All wireless facilities (including any. ground mounted communication equipment, antennas, poles, or towers) shall comply with all height restrictions oft the underlying zone. Ifthere are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground- mounted equipment shall comply with all setback requirements oft the underlying zone. (f) Accessory Equipment. Undergrounding equipment, including remote radio units that cannot be placed with the antenna in the shroud, is preferred. Vaults and pull boxes shall be installed flush to grade. Ground-mounted equipment shall incorporate camouflaging and shrouding to match the colors, appearance, and materials of existing facilities and screen facilities from public (g) Cables and Wiring. All cables and wiring must be within the structure, or ifr not feasible, within conduit on the exterior of the structure. The conduit must be a color that matches facility  and on any parcel within a residential zone.  view as much as is technically feasible.    and of the smallest size technically feasible.  (h). Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, (i) Natural appearance. Ground-mounted facilities shall be enclosed in cabinets, sized only for the needed equipment and screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site @)Lighting. No facility shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area property.  landscape, color and/or other treatments to minimize potential visual impacts.  views.  (k) Standards for wall- and building-mounted facilities.  ()Roof-mounted. antennas. Roof-mounted antennas shall be set back from the edge of the roofa distance at least as great as the height oft the antenna or shall be completely screened SO (2) Wall-mounted antennas. Wall-mounted antennas shall be architecturally integrated into the building design. Wall-mounted antennas shall not exceed a total of 50 square feet per (I) Unauthorized access. All facilities shall be designed SO as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances. (m) Noise standards. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, the applicable noise level standards in Avalon Municipal Code Chapter 5-13. (n) Undergrounding. Extensions of electrical and elecommunications land lines to serve wireless (o) Signs. No logos, decals, or advertising of any type may be affixed to any element oft the wireless facility, equipment, or pole, except as required by federal or state law. Further, the City requires that a placard or decal listing the facility owner's name and emergency contact phone number be places in an inconspicuous area on an element of the equipment or on the pole (p) Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City. (9) Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation oft the applicant's facility. Applicant must use native  as not to be visible to the general public from ground level.  building face.  telecommunications facilities shall be undergrounded.  directly below the antenna.    landscaping unless otherwise specified by the City. The applicant's landscaping plan shall be subject to the City's review and approval but shall, at a minimum, match the existing landscaping (r) Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions oft this section and this article as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the. Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless elecommunications service providers. Ifexisting standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days oft the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Planning Director or other applicable City decision-making body. Failure to comply with adopted new state or federal (s). Public health. No wireless facility shall be sited or operated in such a manner that it poses, either by itself ori in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation oft this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City. (t) Modifications. Any modifications to existing facilities or equipment or collocations shall not (u) Electric Service. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. Where meters are required, use the narrowest (v) Security. All equipment and facilities shall bei installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti.  and foliage surrounding the installation site.  requirements shall be grounds for permit revocation.  defeat the concealment elements of the existing structure/facility.  electric meter and disconnect available.  $9-7.1007. Standard Conditions of Approval.  All permits issued in accordance with this article, whether approved by the Planning Director, Planning Commission and/or City Council considering the application or deemed approved by the operation of law, shall be automatically subject to the conditions in this section. The Planning Director and/or the hearing body considering the application shall have discretion to modify, supplement, waive or amend these conditions on a case-by-case basis as may be necessary or appropriate under the circumstances to protect public health and safety or allow for the proper  operation of the approved facility consistent with the goals of this article.    (a) Permit term. Except for eligible facilities requests, aj permit for a wireless facility issued in accordance with this article will automatically expire at 12:01 a.m. local time exactly 10 years and one day from thei issuance date, unless the City establishes a shorter term for public safety or substantial land use reasons pursuant California Government Code $ 65964(b).. Any other permits or approvals issued in connection with an application subject to this Article, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in (b) Code compliance. The permittee shall at all times maintain compliance with all applicable (c) Inspections - Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. Thej permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility (d) Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Planning Director upon permittee's receipt oft the Planning Director written request, except in an emergency determined by the City when all such contact information for responsible parties shall bei immediately provided to the (e). Indemnities. The permittee and, ifapplicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Avalon, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval oft the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes ofa action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, ifapplicable, the private property owner or any of each one' s agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the City's communications systems. The permittee shall be responsible for costs of determining the source oft the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, ifapplicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the  such permit or approval or required under federal or state law. federal, state and local laws, regulations and other rules.  threatens imminent harm to persons or property.  Planning Director upon that person's verbal request.    defense.  (f). Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal oft the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence oft trees, landscaping, topographical features, or structures on the site that shield the facility from view, (g) General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and (h) Graffiti removal. All graffiti on facilities must be removed at the sole expense oft the ()RF exposure compliance. All facilities must comply with all standards and regulations oft the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee or its representative must provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified G)E Build-out period. This permit shall lapse one year after its date of approval unless one oft the  shall be considered stealthing elements.  in accordance with all approved plans and conditions of approval. permittee within 48 hours after notification from the City.  by al licensed engineer. following has occurred:  (1).A building permit has been issued, substantial money has been expended, and  construction diligently pursued; or  (2) A certificate of occupancy has been issued; or  (3) The facility is constructed or modified as approved and in operation; or (4) The build-out period is extended by the City authority which originally approved the (k)Lapse. The permit shall automatically lapse if there is a discontinuance ofthe exercise oft the (1) Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days. (m) Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary toi install and operate the facility in conformance with federal, state, and (n). Modifications. No changes shall be made to the approved plans without review and approval  permit.  entitlement granted by the permit for six consecutive months or more.  local laws, rules, and regulations.    in accordance with this article.  (o) Performance and maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life oft the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the (p) Performance bond. Prior to issuance ofal building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term oft the approval, a performance bond or other surety or another form of security for the removal oft the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall bei in the amount equal to 100% oft the cost of! physically removing the wireless facility and all related facilities and equipment on the site, based on the higher oft two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City council. Reimbursement shall be paid when the security is posted (q) City access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk ofi imminent harm toj persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site ofs such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling (r) Encourage consolidation. Where the wireless facility site is capable of accommodating another facility upon the same site, the owner and operator oft the facility shall allow another carrier to place its facilities and equipment thereon, provided the parties can mutually agree upon (s) Interference. To the extent allowed under applicable federal rules and regulations, the operator ofa wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. Ifa federal agency with jurisdiction over such matters finds that a facility is operating in violation off federal standards, the permittee shall promptly provide the Planning Director with a copy of any notice ofs such violation issued by any federal agency and shall notify the Planning Director once the facility comes back into (t) Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days oft the discontinuation of the use ofa wireless facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and planning development department with a notice of  time ofn notification by the City or after discovery by the permittee.  and during each administrative review.  orr removing wireless facility elements.  reasonable terms and conditions.  compliance with applicable standards.    intent to vacate the site ai minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms oft the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days oft the discontinuation oft the use. (u) Compliance verification. No later than one year after commencing operation oft the facility or issuance ofa certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Planning Director within five days of completion of the: reports. Failure to submit such compliance verification, or the submission oft materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under (v) Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval, any eligible facilities request approved pursuant to this article shall be subject to the following standards of conditions unless modified by the Planning Director or City (1) No permit term extension. The City's grant or grant by operation ofl law of a zoning permit for an Eligible Facilities Request constitutes a federally mandated modification to the underlying permit or approval for the subject tower or base station. The City's grant or grant by operation ofl law ofa a zoning permit for an. Eligible Facilities Request will not extend the permit term for any permit or other underlying regulatory approval and its term shall be coterminous with the underlying permit or other regulatory approval for the subject tower or base station. (2) No waiver of standing. The City's grant or grant by operation of law ofa an Eligible Facilities Request does not waive, and shall not be construed to waive, any standing by the City to challenge any federal statute or regulation concerning Eligible Facilities Requests or any  this article.  Manager.  Eligible Facilities Request.  (3) Permit subject to conditions of underlying permit. Zoning permits for Eligible Facilities Requests shall be subject to the terms and conditions of the underlying permit for the  existing tower or base station. $9-7.1008. Nonconforming Facilities.  Nothing in this article shall validate any illegal or unpermitted wireless facilities installed prior to the effective date oft this Article. All previously installed wireless facilities shall comply with this Article and are required to obtain aj permit issued pursuant to this Article, when appliçable in accordance with Chapter 9-8, Article 7, to be considered legal and conforming.    $9-7.1009. Revocation.  (a) Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance oft the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation ist not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule aj public hearing before the Planning Commission to consider revocation oft the permit. The. Planning Commission revocation action may be appealed  tot the City Council pursuant Section 9-8.206.  (I)Ifthe permit is revoked pursuant to this section, the permittee shall remove its facility ati its own expense and shall repair and restore the site to the condition that existed prior to the facility's installation or as required by the City within 90 days ofrevocation in accordance with applicable health and safety requirements. The permittee shall be responsible for obtaining all  necessary permits for the facility's removal and site restoration.  (2) At any time after 90 days following permit revocation, the City may require the facility to be removed and restoration oft thej premises as the City deems appropriate. The City may, but shall not be required to, store the removed facility (or any part thereof). The facility permittee shall be liable for the entire cost of such removal, repair, restoration, and storage. The City may, in lieu ofstoring the removed facility, convert it to the City's use, sell it, or dispose of $9-7.1010. Limited Exceptions to Development, Design, and Location Standards. (a) The Planning Director, or designee, Planning Commission and/or City Council considering an application submitted for approval pursuant to this article may grant limited exceptions to the design, development and location standards for wireless facilities subject to this article, ifiti is determined that the applicant has established that denial ofa an application or strict adherence to  iti in any manner deemed appropriate by the City.  the design, development and location standards would:  (1) Prohibit or effectively prohibit the provision of personal wireless services, within the  meaning off federal law; or  (2) Otherwise violate applicable laws or regulations; or  (3) Require a technically infeasible location, design or installation ofa wireless facility; (4) Involve only minor noncompliance with ai requirement, provided such noncompliance either results in no increase in visual harms to the community or provides other benefits. (b)Ifthe applicant requests a limited exception and the Planning Director or designee, Planning Commission, and/or City Council considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent: required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor  noncompliance.    aNe9A  Prbon Bay  sAronshila    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  August 20, 2024 Administration  AGENDA ITEM: 5 CITY MANAGER: D  Jocelyn Francis, Assistant City Manager  Sunset Bar and Grill Transportation Permit Application  RECOMMENDED ACTION: Discuss and, if consensus is met, approve the Transportation Permit for the Sunset Bar and Grill to utilize a commercial autoette permit to pick-upldrop-of REPORT SUMMARY: On July 25, 2024 Veronica Bravo of the Sunset Bar and Grill submitted a Transportation Permit application and fee to the City of Avalon to provide pick-up/drop-off at 888 Country Club Drive and the passenger loading zone in the 100 block of Catalina. The restaurant is not in the flats area and providing an available transportation permit will allow The applicant agrees to utilize an existing approved commercial autoette with a seating capacity of six. Off-street parking provided on-site at 888 Country Club Canyon. No fees will be  guests toi the restaurant with stated conditions.  visitors to more easily frequent the restaurant.  exchanged for transport services.  Business Grill  Service Description  Type Evolution  No. of Capacity Vehicles Each 1  Sunset Bar and Guest Transport  10:00 am = 10:00 pm LSV  6  Avalon Municipal Code Section (AMC) $5-14.04 requires a hearing before the City Council to  determine whether a transportation permit should be approved ensuring:  The applicant has presented facts demonstrating a necessity for the requested The requested vehicle(s) is appropriate for the intended use and necessary, for the The requested vehicle(s) will not have a deleterious impact on traffic congestion, traffic  vehicle(s).  proper functioning of the applicant's enterprise.  safety, noise, or air pollution.    Inv view of the size and nature of the streets of the City and the character of the City itself, the requested vehicle(s) will not have a deleterious impact on the public health, There is no more suitable alternative vehicle than the vehicle(s) requested by the  safety, and welfare.  applicant that can satisfy its requirements.  If approved by the City Council, the applicant must additionally meet the following conditions Agree to limit transportation hours to 10:00am to 10:00pm, seven days a week. Agree to limit vehicle parking to a maximum of 3 minutes to allow for the active oading/unloading of passengers in the passenger loading zone in the 100-block of  before a permit may be issued:  Catalina Avenue.  Maintain an active City of Avalon business license. Maintain current City of Avalon Commercial autoette permit. Provide proof of insurance per the Avalon Municipal Code.  Renewals to be evaluated by the Vehicle Clerk to ensure compliance every three years.  FISCAL IMPACTS: None.  CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: NIA  FOLLOW UP ACTION: Implement City Council direction.  ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.  ATTACHMENTS: 2. Map  1. Transportation Application    Transportation Permit 07/25/2024 4:59PM (PDT)  CITY OFAVALON PO.BXAI AVALON, CAS074 319)910-0230  Transportation Permit Business Name Applicant First Name Applicant Last Name Mailing Address City State Zip Code Phone Email City State Zip Code  The Sunset Bar and Grill Veronica Bravo PO Box 2442 Avalon CA 90704 310-562-6028 verolove_@yahoo.com 888 Country Club Drive Avalon CA 90704  Business Physical Address  Is the business a corporation? No  Natureof Business manner in which proposed operation is to be conducted)  Describe the nature of business Restaurant seeking to pick up and drop off guest from The Sunset Bar and Grill (Explain extent, character and located at 888 Country Club Drive to lower Catalina Ave. (same location as  Catalina Canyon Inn marking space)  Submission! ID: 21D4153a-58/14853-631e-3da1b7e9b51  Page 1/2    Vehicles tol be used  Vehicle Year 2023 Vehicle Model AUTOETTE Body Type Evolution Vehicle License Number 9NBH347 Vehicle Capacity 6  Is this vehicle currently permitted in Avalon? Yes, Commercial, Autoette  Proposed Dates/Hours of Operation Describe Routes Route Map  Monday Sunday from 10:00AM-1 10:00pm 888 Country Club Drive - Lower Catalina Ave  The Sunset Bar and Grill TransportationPermit Route Map.pdf  How willy you remit payment? (Please note a: 3% convenience feei is assessed on all credit card payments)  Cash/Check by Mail or In Person at City Hall  ..Make Check Payable to City of Avalon....  Payment may be made by mail at: POI Box 707 Avalon, CA90704 Payment may bei in person at: 410/ Avalon Canyon Road Avalon, CA90704  Please note, application will not be processed until the application feei is paid.  By affixing your signature in the box below, you agree that such signature willl be the electronic representation ofy your signature to be valid and binding upon yout for all purposes when you (or your agent) affix below, including on legally  binding contracts, just the same as al hand-written signature.  Signature of Applicant  Bros  Submission ID:2 21041538-5714a53-631c-3da1b7e9b51  Page 2/2    66  'ISTIH "1S3ATO NINBONW TEN e   es  3AVV VTIVW 3AVK M3LIHM 1051B031ND 00 3AV3 310108E3W 86 NIANNAS e  PATIRALEO  9  3AVBENWAS els  3AVSAIGANOAS  AVALON  3CBNP0  RD 0  AHTRAND 000 6 83MOT  06  6 o @  0000  183642 PUPRN    CITY OF AVALON CITY COUNCIL  MEETING DATE: ORIGINATING DEP: PREPARED BY: SUBJECT:  August 20, 2024 Public Works  AGENDA ITEM: 6o CITY MANAGER: Dup  Jamie Hmielak, Maintenance Superintendent  Ratify Prior Action - Purchase of Pump for Pebbly Beach Lift  Station  RECOMMENDED ACTION(S): Determine that an emergency existed and ratify action by the City Manager and Public Works Director to purchase a new Flygt 6" submersible pump for the Pebbly Beach Lift Station. Make the affirmative finding that the Xylem Water Solutions, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-4.111(b). Allocate funds from Sewer Fund 108-25- REPORT SUMMARY: The Pebbly Beach sewage lift station is a key component of our wastewater infrastructure, and any operational downtime can lead to serious consequences, including potential public health risks and environmental concerns. Having a spare pump readily available ensures a swift response to pump failures. Quick replacement of a malfunctioning pump minimizes downtime and helps maintain the The Pebbly Beach Lift station utilizes three pumps, and at peak times of sewer flow, two pumps are required to meet the demand. The third pump is on standby, and is used if one of the other two pumps fail. Recently two pumps failed, and are in need of repair and/or replacement. PERC Water, our contracted wastewater treatment plant operator, recommended that one of the pumps get repaired, and the second pump be replaced. It was determined that one pump needed tol be ordered as soon as possible due tot the extreme lead time for the new pump (14-16 weeks). Waiting for council approval would have added two additionalweeks, therefore: stafffeltitwas essentiali that thenewp pump beorderedimmediately. A quote from the sole source vendor for the pump, Xylem Water Solutions, Inc., provided an estimated cost of $33,920. Avalon Municipal Code (AMC) Section 3-4.106 (b) requires purchases of goods, services, supplies and equipment with a value over $25,000 be a publically noticed low bid procurement. However, AMC Section 3-.4111 (b) allows the City to dispense with bidding if there is only one source for the procurement (sole source) or when the City makes the determination that the purchase  6552 for the procurement int the amounto ofnotto-exceed $38,500.  continuous and efficient operation of the lift station.    can be made more economically andlor efficiently without bidding procedures. In this The procurement of the Flygt pump will be conducted in compliance with the City's emergency procurement policies, which allow for expedited purchasing procedures when immediate action is required to protect public health, safety, and welfare. Staff is requesting to ratify prior action for the purchase of the new pump at a cost no more than  case, Xylem is the exclusive supplier of Flygt pumps in our region.  $38,500 to allow for tax & incidentals related to the procurement. GOAL ALIGNMENT: Infrastructure reliability and safety.  FISCAL IMPACTS: A cost not-to-exceed of $38,500. Sufficient funds exist in FY 2024- CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: An additional  2025 Sewer Fund 108-25-6552.  pump failure could lead to potential sewage overfiow. FOLLOW UP ACTION: Implement City Council direction. the posted agenda pursuant to the Brown Act. 1. Quote from Xylem Water Solutions, Inc. 2. Sole Source Justification.  ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on  ATTACHMENTS:    xylem July 31,2024 PERC WATER COPR 17520 NEWHOPE ST STE 180 Suite 180 FOUNTAIN VALLEY CA 92708-8206 ATTN: MR. DAVIDI WEST Quote #: 2024-LAB-0557 Project Name: N3171 095 434 IMP  Xylem Water. Solutions USA, Inc. Flygt Products 11161 Harrel Street Mira Loma, CA 91752 Tel (951): 332-3668 Fax (951)332-3679  Xylem Water Solutions USA, Inc. is pleased to provide a quote for the following Flygt  equipment. NT3171,095-1580032 Qty Part Number  Description volute Submersible pump equipped with a 460Volt/3 phase /60Hz30HP 1750 RPM motor, 434 impeller, 1x5 50Ft. length of SUBCAB 4G25+S/2x0,5) submersible cable, FLS leakage detector, volute is prepared for Flush Valve NT 3171.096-1580032 Price  Unit Price Extended Price $32,200.00  1 3171.095-0096 Flygt Model NT-3171.0956 6"  $32,200.00  $32,200.00 $32,200.00 $1,720.00 $33,920.00  SUB- Total Price Freight Charge Total Price  Terms & Conditions between the parties. Freight Terms: Taxes: Back Charges:  This order is subject to the Standard Terms and Conditions of Sale - Xylem. Americas effective on the date the order is accepted which terms are available at ntp/www.veminecomlensusPasestems conlions-olsale.aspx and incorporated herein by reference and made a part of the agreement Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.  3 DAP- Delivered At Place 08- Jobsite (per IncoTerms 2020) State, local and other applicable taxes are not included in this quotation. Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior written consent of an authorized employee  See Freight Payment (Delivery Terms) below.  of Seller.  Page1of3  FLEGT / axylem brand    Customer Acceptance between the parties.  This order is subject to the Standard Terms and Conditions of Sale - Xylem Americas effective on the date the order is accepted which terms are available at ntp/waw.vemnecomen-sPageslems: condlions-o-sale.aspx and incorporated herein by reference and made a part of the agreement  A signed copy of this Quote is acceptable as al binding contract.  Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.  Quote #: Job Name: Total Amount: (excluding freight) Signature:p  2024-LAB-0557 $32,200.000  Customer Name: PERC WATER COPR  Name: Dlalasdlylay  (PLEASE PRINT) PO: B38L Date:_ 8-4.4  Company/Utility: Gyo Analon  Address:  Phone:_ A10-I0-0A20.e.n3 Emathridlake-aly dfavalan,kom  Fax:  Page 3of 3  FLYGT axylem brand    PURCHASE ORDER  CITY OF AVALON P.O.BOX707 AVALON, CA 90704 310510-0220 310300TBSPMANCETAA  Show this Purchaso Order Numbar ond all corospondonce, Invoices, shipping papors and packagos. DATE B94 SHIPTO CihypofAValea  8381  REQUISITIONT NO.  TO  Xylan Wsbie Solvhon VGATac  REQUISITIONEDBY  WHENSHIP  SHIPVIA  F.O.B. POINT  TERMS NET30  Q7Y. ORDERED QIY.RECEIVED  S/OCKNOADESCINPION  UNIT PRICE  TOTAL 533,9A006  Flyg hoALNT-3nLos  Submecsibl  pump  *RamgusyPo  Ploases send. coples olyouri invoico. Order! istohad Int dolivery ands spocilicatlons shown above. Nolllyi ish Immediately Vyoun ae los ship as: specilied.  with! prices,  EIE  AUTHORIZEDBY    Xlem Water Solutions USA, Inc Flygt Products 11161 Harrel St. Mira Loma, CA91752 Tel 951-790-3398 Fax 951-332-3679 rarioquanoeAtem.con  xylem  August1, 2024 Jamie Hmielak Maintenance Superintendent City ofAvalon Office: 310-510-0220 Ext: 123 Fax: 310-510-0765 mmeakactrolaaloncon Subject: Southern California Dear Sirs:  Factory Authorized Municipal Representative for Flygt, Flygt/AC Products & Service in  This letter is to inform you that:  Xylem Water Solutions USA, Inc. Flygt Products  11161 Harrel St Mira Loma, CA 91752 Phone (951): 332-3669 Fax: (951)332-3679  Is the exclusive supplier ofl Flygt Pumps, Mixers, Parts & Service for the Municipal market in the State ofCalifornia fora all southern counties including Ventura, Santa Barbara, Kern, San Luis Obispo, Los Angeles, San Bernardino, Orange, Riverside, San Diego and Imperial.  Flygt isa a fully owned Xylem Inc. brand.  Dealing directly with Xylem Water Solutions USA, Inc. provides you access to the expertise and knowledge, around the clock emergency field service, genuine Flygt parts, routine  maintenance, monitoring services and much more. Thank you for your interest in Flygt Products.  Sincerely, PRB2  FLYGT axylem brand  Paul Forsthoefel Western Regional Sales Manager