CITY OF AVALON PLANNING COMMISSION AGENDA City Hall Council Chambers 410 Avalon Canyon Road, Avalon, CA Regular Meeting - October 23, 2024, 2024 at 5:00 p.m.  This meeting is viewable in person at the Council Chambers or via livestream:  Facebook: ntp/www.taceboOKCOm/CIVOTAValonOfficia) YouTube nttp/www.youtupe.com/ctyofavalonca) Website itp/www.clyofavalon.com/meetings) Cable (Catalina Broadband Solutions Channel 3)  The Council Chambers can accommodate a maximum of 30 participants, at which point the general public may address the Planning Commission on an agenda item by waiting in the City Hall Court Yard and entering the Chambers one at a time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. The Planning Commission is not accepting live comments electronically at this time. The public can submit written comments prior to 12:00 p.m. 3 days prior to the meeting  inj person to the Planning Department at City Hall or via email to  diomo@clyolavalon.om.  Staff reports for each agenda item are posted a minimum of 72 hours prior to the meeting and are available for review in person or on the City website at  ittp:/www.cityofavalon.com,  Inc compliance with the. Americans with Disability Act, if you need special assistance to participate int this meeting, please contact Gabrielle Morones, City Clerk's office (310) 510-0220 ext. 119. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-35.104 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 Planning Commission. Such  records shall be available at City Hall located at 410. Avalon Canyon Road.  CALL TO ORDER  PLEDGE OF ALLEGIANCEIROLL CALL  ORAL COMMUNICATION: This is the time for any member of the public to address the Planning Commission on any matter not on the agenda that is within the subject matter jurisdiction of the City. The Brown Act, with limited exceptions, does not allow the Commission or staff to discuss or take action on issues brought forth under Public Comment. Concerns may be referred to staff or placed on the next available agenda. Please note that comments from the public will also be taken on each agenda item.  Comments shall be limited to three minutes per person. Posted: City Hall Wednesday October 16, 2024 Senior Administrative Assistant Building and Planning  Website: Wednesday October 16, 2024  By: Donna Terpinitz-Romo    CONSENT CALENDAR:  All items listed under the Consent. Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items unless ar member oft the Commission requests otherwise, in which case the item will be removed for separate consideration. Any item SO removed will be taken up following the motion to  approve the Consent Agenda 1. Minutes of the August 21, 2024.  Recommended Action: Approve and file in addition to the official live recording  GENERAL BUSINESS: PUBLIC HEARING:  2. Site Plan and Coastal Development Permit to allow the construction of a two- story accessory structure in the Low Density Residential (LD) zone. The Proposed Project is categorically exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (New Construction and Conversion of Small Structures). The Proposed Project is located within the non-  appealable area of the Coastal Zone.  Location: 371 W. Whittley Avenue (APN 7480-025-014), Application #: PC 2868 Filing Date: September 18, 2024  Owner: Richard and Anney Denny  PLANNING DEPARTMENT/CITY ATTORNEYI/COMMISSIONER REPORTS: 3. PRESENTATION: Bob Greenlaw will be making a presentation on up-coming  Capital Improvement Projects.  ADJOURN:  Anyone may appeal any decision made by the Commission toi the City Council. Toa appeal, you must file a written appeal, and include an appeal fee of $911.00 with the City Clerk within fifteen (15) calendar days of such action. Any person challenging actions of the Planning Commission may be limited to issues he or someone else raises in writing prior to or orally at the hearing. Any person may appeal the Planning Commission's  Posted: City Hall Wednesday October 16, 2024 Senior Administrative Assistant Building and Planning  Website: Wednesday October 16, 2024  By: Donna Terpinitz-Romo    determination that a proposed project is seaward of the appealable seaward area boundary to the Coastal Commission, and following exhaustion of local appeals, any aggrieved person may appeal actions on local Coastal Development Permits seaward of  the appealable area boundary to the Coastal Commission.  Posted: City Hall Wednesday October 16, 2024 Senior Administrative Assistant Building and Planning  Website: Wednesday October 16, 2024  By: Donna Terpinitz-Romo    PLANNING COMMISSION MINUTES  August 21, 2024  AVALON PLANNING COMMISSION MEETING WEDNESDAY AUGUST 21, 2024  MINUTES  CALL TO ORDER-5:00 p.m.  ROLL CALL- Present: Vice Chair Kathy Smith, Commissioners, Yolanda Say, Eric Huart, Jessica Romero, Bob Kennedy, Brenda Carel, Sean Sterling, City Manager Dave Maistros, Senior Administrative Assistant Donna Terpinitz-Romo, Project Manager  Kelly Ribuffo and AV Specialist Jamie Hmeilak.  PUBLIC COMMENT-  Applicant Michael Flynn with Christopher Hill Development gave a short presentation to 16 letters opposing this project were provided to the Planning Commissioners and Staff. 40 letters in favor of the project were provided to the Planning Commissioners and Staff.  Staff, Commissioners and members of the community on the audience  6 members of the community spoke about the project.  CONSENT CALENDAR- 1). Minutes- July 17,2024 seconded by Vice Chair Smith Sterling and Huart.  Motion to approve July 17, 2024 Minutes was made by Commissioner Kennedy (All Ayes) Vice Chair Smith, Commissioners Say, Huart, Kennedy. Romero, Carel,  2) Election of new Chair and Vice Chair  A motion was made by Commissioner Huart to promote Vice Chair Smith to the Chair (All Ayes) Vice Chair Smith, Commissioners Say, Huart, Kennedy. Romero, Carel, A motion was made by Commissioner Huart to promote Commissioner Kennedy to the (AIl Ayes) Chairman Smith, Commissioners Say, Huart, Kennedy. Romero, Carel,  position. A second was made by Commissioner Kennedy  Sterling and Huart. Vice Chair position. Sterling and Huart.  A second was made by Chairman Smith.    PLANNING COMMISSION MINUTES  August 21, 2024  PUBLICHEARING-  3). A motion was made by Vice Chairman Kennedy to approve PC # 2867, Conditional Use Permit, Variances, Site Plan, and Coastal Development Permit. With the following Freshwater Fire Hydrant on site, a crosswalk, location to be approved by City Manager and Public Works Dept., underground utilities,14' rear setback and provide staffing when  Conditions: Applicant will provide:  food and beverages are being served.  Location: 301 Beacon Street (APN 7480-031-040) Trust dated November 21, 2019, and Suzanne T. Coe  Owner: The Cameron Family Limited Partnership, Roger and Kathleen Wesley Living  Application #: PC2842 Filing Date: April 24, 2024  (All Ayes) Chairman Smith, Vice Chairman Kennedy, Commissioners Say, Huart,  Romero, Carel, Sterling and Huart.  Vice Chair Smith adjourned meeting at 7:12 pm  1D Donna Terpinitz-Romo, Senior Administrative Assistant, do hereby certify that the DVD videotape of the Planning Commission Meeting on August 21, 2024 is on file in  City Hall.  Donna Terphntz-Romo/Senior Administrative Assistant    AVALON PLANNING COMMISSION STAFF REPORT - PC#2868 Wednesday, October 23,2024  Application File: SPR, CDP  Item No.  -Public Hearing  Submitted by: Kelly Ribuffo, Contract Planner  A Public Hearing considering a Site Plan and Coastal Development Permit to allow the construction of a two-story accessory building in the Low Density Residential (LD) zone. The Proposed. Project is categorically exempt from the California Environmental Quality Act(CEQA) per State CEQA Guidelines 15303 (New Construction and Conversion of Small Structures). The Proposed Project is located within the non-appealable area oft the Coastal Zone.  Applicant/Owner: Richard and Anney Denny Location of] Project: 371 W. Whittley Avenue  Files: APN: PC#: File Date: General Plan: Zone:  SPR, CDP 7480-025-014 2868 9/18/2024  Low Density Residential (LDR) Low Density Residential (LD)  4 Eagleview  65059000242816111.1    BACKGROUND  Omas  SaanthaMa, e Phstogrenty  Prtty Parlpr  Project Vicinity Zoning (LD) (LDR) (LDR) (LDR) (LDR)  General Plan (LDR) (LDR) (LDR) (LDR) (LDR)  Current Use  On-Site North South East West Existing Site:  Low Density Residential Low Density Residential Single-family residence Low Density Residential Low Density Residential Residential Low Density Residential Low Density Residential Residential Low Density Residential Low Density Residential Residential Low Density Residential Low Density Residential Residential  The project site is a large, irregularly shaped parcel approximately 9,673 square feet in size. Iti is currently developed with a single-family residence constructed c.1928 in the Spanish Colonial style and an 88 square foot detached workshop/storage building. The lot slopes downwards from southwest to northeast at approximately 33 degrees and is classified as a "hillside lot" per Avalon  Municipal Code (AMC) Section 9-3.608.  2  65059.000242816111.1    Existing Area Context:  The project site is located at the intersection of W. Whittley Avenue and Marilla Avenue. This area, generally known as "the hills", is predominantly developed with single-family residences of various heights depending on the slope ofthe lot. Lower density lot coverage and landscape yards are more common int this area than other residential areas in the city limits due to larger lot sizes.  Entitlement and Permit History:  On December 14, 2016, the Planning Commission approved a Site Plan (PC#2619, PCI Resolution No. 16-18) to expand the existing 88 square foot workshop/storage building into a 680 square foot, two-level workshop with aj partially enclosed roof patio. Thej property owner did not move forward  with the project and the entitlement expired in September 2019.  PROJECT: DESCRIPTION  The property owners, Richard and Anney Denny, propose to demolish and existing 88 square foot detached storage building to construct a new 281 square foot two-story accessory structure. The first floor will consist ofal habitable workshoplstorage area with a full bathroom. The second floor is an open deck with a pergola, accessible via an outdoor staircase from an existing outdoor patio area. Exterior finishes consist of stucco siding, a metal pergola, and metal cable rail system. Complete plans, including site plan, floor plans, and elevations are provided as Attachment 2 of The proposed project must comply with development standards set forth in AMC Section 9-5.205  this report.  for the LD: zoning district as follows:  Development Standards - Low Density Residential (LD) Zone  Required 4,400 sq. ft No minimum  Existing 9,673 sq. ft Irregular lot size  Proposed No change No change  Lot Area Lot Width Lot Coverage* Floor Area* Front (Whittley) Side Setback (west) Side Setback (east) Rear (Marilla) Distance Between 6ft Buildings 6505.0002428161111  40% gross lot area 13% (1,214 sq. ft) 15% (1,407 sq. ft) 80% gross lot area 17% (1,683 sq. ft) 19% (1,876 sq. ft)  Setback 10ft  N/A N/A N/A N/A N/A 3  11ft6in 50ft 109ft 39ft 19ft10in  10ft 10ft  Setback 10ft    Required line; 32 ft above lot's natural surface space enclosed area  Existing  Proposed 8fta above upper lot line; 27 ft maximum from lot's natural surface No change No change  Height (Hillside 14 fta above upper lot N/A Parking (Autoette) 1 off-street parking Provided  Lot)  Trash Storage  Provide on-site in Provided  *Allj percentages 0.5 or above are rounded upt tot the nearest whole number, and allj percentages 0.4 orl less are rounded  down to the nearest whole number.  DISCUSSION AND ANALYSIS  Staff has not identified any issue items for discussion regarding the proposed project. Per AMC Section 9-5.203.a, accessory structures incidental tot the principal use are permitted int the LDzone. The proposed project meets all oft the development standards for the LD zone, including height, lot coverage, and floor area. Therefore, staff recommends approval of the project as proposed by the applicant, with conditions of approval as recommended in the draft resolution in Attachment  1.  GENERAL PLAN, LAND USE, AND ZONING COMPLIANCE  Annual Growth Policy:  The growth policy provides that new residential development would only be permitted with confirmation from Southern California Edison Company ("SCE") that adequate fresh water is available. The project involves permitting an accessory building in a residential zone. Per AMC Section 9-3.602, the proposed building meets the definition ofa "bedroom"and: a water allocation isr required. On May 3,2 2022, SCE granted the property owner a waterallocation: for one bedroom. On November 16, 2023, the allocation was extended through May 3, 2025, and is therefore still available for construction of the proposed project. Staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2024 Annual  Growth Policy. Site Plan Review: follows:  AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan Review as 1. Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. (AMC Section 9- The proposed project complies with all applicable development standards as set forth in AMC: Section 9-5.205 for buildings in the Low Density Residential (LD) zone, including setbacks, height and floor area, and lot coverage. No variances or deviations from are  8.203.a)  required for the construction of the proposed project.  4  65059.00024281611.1    2. Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development intended, and the total development, including the application of prescribed developmentstandaris, shalll bes sO arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and shalll be in general accord with all elements ofthe The proposed project meets all other development standards for a residential development int the LD zone, including setbacks, height and floor area, and lot coverage. Therefore, it will comply with existing height and massing standards and will remain visually Furthermore, the use of the property will remain residential, with no increase of the intensity of use, and will create no increased traffic or parking demands. Therefore, the proposed project will not have any adverse effects on the public health, safety, or general 3. Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of The project site is located at the intersection of W. Whittley Avenue and Marilla Avenue. This area, generally known as "the hills", is predominantly developed with single-family residences of various heights depending on the slope ofthe lot. The design elements in the proposed plans are consistent with the established scale of the buildings and structures within the community and will: not stand out as inconsistent with existing development on  General Plan. (AMC Section 9-8.203.b)  compatible with the surrounding residential development.  welfare of the surrounding community.  architecture. (AMC Section 9-8.203.c)  the site ori ini the vicinity. Coastal Development Permit:  The City of Avalon is located entirely within the Coastal Zone. The project is not located within the 300-foot appealable boundary oft the Coastal Zone and qualifies as development that requires the local issuance a Coastal Development Permit in accordance with AMC Section 9-8, dependent 1. The use is in conformance with the certified Local Coastal Program. (AMC 9- Determination of conformance for projects within the City of Avalon includes analysis of whether the proposed project conforms with the Avalon General Plan, the Local Coastal Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances, as  on the following findings:  8.103.d.1)  applicable.  5  65059.00024281611.1    General Plan/Local Coastal Plan: The Low Density Residential (LD) zoning designation oft the project site is consistent with the General Plan land use designation The proposed project implements the following General Plan Goals and Policies:  ofLow Density Residential (LDR).  Policy II-1 oft the Land Use Element:  "Use the City's Zoning Ordinance and any applicable residential, commerciat, resort, and open. space design standards to guide the character of development and ensure compatibility with existing residential, commercial, resort, and open. space uses. " The proposed project involves construction of a two-story accessory building on a developed residential property. The proposed project meets all development standards fora two-level building in the LD zone, including height, setbacks, floor area, and lot coverage. This area, generally known as "the hills", is predominantly developed with single-family residences of various heights depending on the slope ofthe lot, including two- and three-story buildings. Therefore, it will comply with existing height and massing standards and will remain visually compatible with the surrounding California Coastal Act: The proposed project complies with the following sections of  neighborhood. the Coastal Act: Section 30250:  "(a) New residential, commercial, o1 industrial development, except as otherwise providedi ini this division, shall be locatedwithin, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developedareas: shall be permitted onlywhere. 501 percent ofthe usable parcels in the area have been developed and the created parcels would be no smaller than the The proposed project involves improvements within a developed residential lot in an urbanized area ofthe city, with minimal increase in overall lot coverage and floor area, and no change of use ofthe project site. The project site isl located over 1,500 feet from the nearest coastline (Avalon Bay) and does not contain any coastal resources, publicly accessible coastal viewpoint, or coastal access point. Therefore, the area can accommodate the proposed project and will not have an individual or cumulative effect Low Density Residential Development Standards: The proposed project complies with all development standards as set forth in AMC Section 9-5.205 for buildings in the LD  average size ofsurrounding, parcels. "  on coastal resources.  6.  6059.00024281611.1    zone, including lot coverage, floor area, height, and setbacks. No adjustments or Affordable Housing Ordinance: This ordinance is not applicable tot thej proposed project since the proposal does not include the development of five or more residential units. 2. For all development seaward of the nearest public highway to the shoreline, the proposed development conforms to the public access and recreation policies of The project site is not seaward of Crescent Avenue, which is the nearest public access to the shoreline. The proposed project involves improvements to an existing developed property in a residential area oft the city, in compliance with development standards for the LD zone. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project does not include any building or site modification that could block  variances are required to permit the proposed project.  Chapter 3 oft the Coastal Act. (AMC9-8.103..2)  ori impede existing public access opportunities.  ENVIRONMENTAL DETERMINATION  California Environmental Quality Act:  Thej proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - New Construction or Conversion of Small Structures) because it has no potential to have a significant effect on the The Class 3 exemption includes the construction and location of limited. numbers of small new facilities or structures. The project involves construction ofa new detached accessory building on a developed residential property in an urbanized area of the city. As such, the project is not expected to have a detrimental impact on the environment oft the project site or surrounding area. Further, none of the exceptions to the use of categorical exemptions stated in State CEQA Guidelines section 15300.2apply: The Project isnotl located in a particularly sensitive environment because it is proposed in an area already developed for residential uses. No cumulative impact would occur from this Project'sa approval because only a single application has been submitted and noi future development is proposed. There will be no significant effect ont the environment because the Project is only for an accessory structure that would have only minor impacts. No damage to scenic resources will occur because this Project will replace an existing structure and is consistent with adopted development standards. The project is not located on a hazardous waste site, and the  environment.  Project does not involve a historical resource.  7  65059.000242816111.1    AUTHORIZING GUIDELINES  Avalon Municipal Code (AMC) Sections 9-8.203.a and 9-8.103.a authorize the Planning Commission to review and take action on the subject applications for a Site Plan and Coastal  Development Permit.  PUBLIC NOTICE  On October 11, 2024, the City sent a Public Hearing Notice to owners/tenants within a 300-foot radius of the project site. The Hearing Notice was published in Catalina Islander on October 11, 2024. The project site was posted in three location(s) with the notification on the same date.  STAFF RECOMMENDATIONS  Staff recommends the Planning Commission adopt the attached Resolution, which will: 1. Find the project qualifies for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - Existing Facilities) 2. Adopt the findings to support approval ofa Site Plan. 3. Adopt the findings to support approval ofa Coastal Development Permit. 4. Find the project consistent with the 2024 Annual Growth Policy.  ATTACHMENTS  1. Draft Resolution No. PC24-09 2. Applicant Project Plans  65052000242816111.1    RESOLUTION NO. PC24-09  A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AVALON, CALIFORNIA, APPROVING A SITE PLAN AND COASTAL DEVELOPMENT PERMIT FOR A TWO-STORY ACCESSORY BUILDINGINTHELOW DENSITY: RESIDENTIAL ZONE,LOCATEDAT WHEREAS, Immersed Education, LLC ("Applicant") filed an application for a Site Plan and Coastal Development Permit (PC#2868) to approve ai two-story accessory building ("Project") on the residential property located at 371 W. Whittley Avenue, APN 7480-025-014 ("Site"); and WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Sections 9-8.203.a and 9-8.103.a to review and take action on the subject applications for a Site  371 W. WHITTLEY AVENUE, AVALON, CALIFORNIA  Plan and Coastal Development Permit; and  WHEREAS, the Site is categorized Low Density Residential (LDR) by the General Plan Land Use Element and is located within the Low Density Residential (LD) zoning district; and WHEREAS, the Site isi not located within the 300-foot appealable boundary oft the Coastal Overlay Zone (Coastal Commission Appeal Jurisdiction) and is within the Avalon Planning  Commission Jurisdiction; and  WHEREAS, the Application was found. to qualify for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - WHEREAS, the Planning Commission conducted one duly advertised public hearing on October 23, 2024, at which time interested persons had an opportunity to testify either in support of or opposition to granting a Site Plan and Coastal Development Permit upon property described  Existing Facilities). No public review is required; and  in attached Exhibit "A";and Development Permit have occurred.  WHEREAS, all other legal prerequisites for the consideration oft the Site Plan and Coastal NOW, THEREFORE, BEI IT RESOLVED that the Planning Commission oft the City of Avalon does hereby approve a Site Planand Coastal Development Permit fora at two-story accessory  building located at 371 W. Whittley Avenue, based on the following findings:  SECTION1- ENVIRONMENTAL REVIEW  The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15303 (Class 3 - New Construction or Conversion of Small Structures) because it has no potential to have a significant effect on the  environment.    The Class 3 exemption includes the construction and location of limited numbers of small new facilities or structures. The project involves construction ofa new detached accessory building on ad developed residential property in an urbanized area of the city. As such, the project is not expected to have a detrimental impact on the environment of the project site or surrounding area. Further, none of the exceptions to the use of categorical exemptions stated in State CEQA Guidelines section 15300.2 apply: Thel Project is not locatedi in aj particularly sensitive environment because it is proposed in an area already developed for residential uses. No cumulative impact would occur from this Project'sapproval because only a single application has been submitted and noi future development is proposed. There will be no significant effect on the environment because the Project is only for an accessory structure that would have only minor impacts. No damage to scenic resources will occur because this Project will replace an existing structure and is consistent with adopted development standards. The project is not located on a hazardous waste site, and the  Project does not involve al historical resource. SECTION2- - FINDINGS Annual Growth Policy:  The growth policy provides that new residential development would only be permitted with confirmation from Southern California Edison Company ("SCE") that adequate fresh water is available. The project involves permitting an accessory building in a residential zone. Per AMC Section 9-3.602, the proposed building meets the definition ofa "bedroom" and a water allocation isr required. Onl May 3,2022, SCE granted the property owner a water allocation for one bedroom. On November 16, 2023, the allocation was extended through May 3, 2025, and is therefore still available for construction of the proposed project. Staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2024 Annual  Growth Policy. Site Plan Review: follows:  AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan Review as 1.1 Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. (AMC Section 9- The proposed project complies with all applicable development standards as set forth in AMC Section 9-5.205 for buildings in the Low Density Residential (LD) zone, including setbacks, height and floor area, and lot coverage. No variances or deviations from are 2. Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or  8.203.a)  required for the construction oft the proposed project.  2    development intended, and the total development, including the application of prescribed developmentstandards, shall be: so: arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and shall bei in generalaccord with all elements ofthe The proposed project meets all other development standards fora a residential development in the LD zone, including setbacks, height and floor area, and lot coverage. Therefore, it will comply with existing height and massing standards and will remain visually Furthermore, the use of the property will remain residential, with no increase of the intensity of use, and will create no increased traffic or parking demands. Therefore, the proposed project will not have any adverse effects on the public health, safety, or general 3. Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of The project site is located at the intersection of W. Whittley Avenue and Marilla Avenue. This area, generally known as "the hills", is predominantly developed with single-family residences of various heights depending on the slope oft the lot. The design elements in the proposed plans are consistent with the established scale of the buildings and structures within the community and will not stand out as inconsistent with existing development on  General Plan. (AMC Section 9-8.203.b)  compatible with the surrounding residential development.  welfare of the surrounding community.  architecture. (AMC Section 9-8.203.c)  the site ori inj the vicinity. Coastal Development Permit:  The City of Avalon is located entirely within the Coastal Zone. The project is not located within the 300-foot appealable boundary oft the Coastal Zone and qualifies as development that requires the local issuance a Coastal Development Permit in accordance with AMC Section 9-8, dependent 1. The use is in conformance with the certified Local Coastal Program. (AMC 9- Determination of conformance for projects within the City of Avalon includes analysis of whether the proposed project conforms with the Avalon General Plan, the Local Coastal Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances, as General Plan/Local Coastal Plan: The Low Density Residential (LD) zoning designation oft the project site is consistent with the General Plan land use designation The proposed project implements the following General Plan Goals and Policies:  on the following findings:  8.103.d.1)  applicable.  ofLow Density Residential (LDR).  3    Policy II-1 of 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 compatibilitywitht existing residential, commercial, resort, and open, space uses. " The proposed project involves construction of a two-story accessory building on a developed residential property. The proposed project meets all development standards fora a two-level building in the LD: zone, including height, setbacks, floor area, and lot coverage. This area, generally known as "the hills", is predominantly developed with single-family residences ofvarious heights depending ont the: slope ofthe lot, including two- and three-story buildings. Therefore, it will comply with existing height and massing standards and will remain visually compatible with the surrounding California Coastal Act: The proposed project complies with the following sections of  neighborhood. the Coastal Act: Section 30250:  "(a) New residential, commercial, or industrial development, except as otherwise provided ini this division, shall be locatedwithin, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually 01 cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitledonlywhere. 50p percent ofthe usable parcels in the area have been developed and the created parcels would be no smaller than the The proposed project involves improvements within a developed residential lot in an urbanized area ofthe city, with minimal increase in overall lot coverage and floora area, and no change of use ofthe project site. The project site is located over 1,5001 feet from the nearest coastline (Avalon Bay)a and does not contain any coastal resources, publicly accessible coastal viewpoint, or coastal access point. Therefore, the area can accommodate the proposed project and will not have an individual or cumulative effect Low Density Residential Development Standards: The proposed project complies with all development standards as set forth in AMC Section 9-5.205 for buildings in the LD zone, including lot coverage, floor area, height, and setbacks. No adjustments or Affordable Housing Ordinance: This ordinance is not applicable tot the proposed project since the proposal does not include the development of five or more residential units.  average size ofsurrounding. parcels. "  on coastal resources.  variances are required to permit the proposed project.  4    2. For all development seaward of the nearest public highway to the shoreline, the proposed development conforms to the public access and recreation policies of The project site is not seaward of Crescent Avenue, which is the nearest public access to the shoreline. The proposed project involves improvements to an existing developed property in a residential area oft the city, in compliance with development standards for the LD: zone. Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities. Furthermore, the project does not include any building or site modification that could block  Chapter 3 of the Coastal Act. (AMC 9-8.103.d.2)  ori impede existing public access opportunities.  SECTION3- - ADMINISTRATION AND CONDITIONS OF APPROVAL  1. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission hereby finds the property Site is not within the 300-foot appealable zone of the Coastal Development 2. Based on the entire record before the Planning Commission, all written and oral evidence presented tot the Planning Commission, and the findings set forth in this Resolution 24-09, the Planning Commission grants the Site Plan Review and Coastal Development Permit, subject to the conditions of approval set forth ini the attached Exhibit "B." 3. The Chairman of the Planning Commission shall sign this Resolution 24-09 and the Secretary of the Planning Commission shall certify the adoption thereof. BE ITI FURTHER RESOLVED that a copy of this Resolution 24-09 be delivered to the City Clerk ofAvalon and a copy be sent to the Applicant att the address set forth int the application  Permit tot the California Coastal Commission.  for the Site Plan and Coastal Development Permit. PASSED, APPROVED AND ADOPTED this AYES: Planning Commission Members: NOES: Planning Commission Members: ABSENT: Planning Commission Members: ABSTAIN: Planning Commission Members:  day of  2024, by the following vote:  Chairman Kathy Smith  ATTEST:  David Maistros, City Manager  5    CERTIFICATE  I, Donna Romo, hereby certify that the foregoing Resolution 24-09 was adopted by the  Planning Commission of the City of Avalon at a special meeting held on the  day of  2024, by the following vote, to wit: AYES: Planning Commission Members: NOES: Planning Commission Members: ABSENT: Planning Commission Members: ABSTAIN: Planning Commission Members:  Donna Romo, Senior Administrative Assistant    EXHIBIT "A" LEGAL DESCRIPTION  Street Address: 371 W. Whittley Avenue, APN 7480-025-014  OFFICIAL MAP OF THE CITY OF AVALON AS PER BK 11 PG31 TO460FOMLOT4 40 BLK 6AND LOT COM ATMOST W COR OF LOT401 BLK 6THN: 5236' W30FTTHN 29f 21'E48.91 FTTHSTAI'EISFTTISI 1720WI796FTTOBEGI PARTO OF LOT2  BLK 24  7    EXHIBIT "B"  CONDITIONS OF APPROVAL  Street Address: 371 W. Whittley Avenue, APN 7480-025-014  1. The project shall conform in substance and be maintained in general conformance with plans and exhibits labeled Applicant Project Plans in the staff report dated October 23, 2024, including any modifications required by conditions ofa approval, and as approved by 2. Except as otherwise provided herein, this project is approved as a precise plan. After any application has been approved, ifchanges are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Planning Director for approval. Ift the Planning Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Planning Director may approve the changed plan without requiring: a new public hearing. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the 3. Building permits shall be obtained for all construction work as required by the City of Avalon Planning and Building Department. Failure to obtain the required building permits 4. Pursuant to AMC Section 9-8.208, this approval for a Site Plan: shall expire 361 months after the granting ofa approval ifnot vested ori ifat timely request for an extension oftime has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control ofthe property owner shall not result int the termination ofs such right or Upon written request submitted not less than 30 days prior to termination of the approval, the Planning Commission may grant one six-month extension of suchi right or privilege but only upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance. The City Council may grant one additional extension of not more than six months upon a finding that changed. circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Notice of hearing on any requested extension shall be given to any person who requests  the Planning Commission.  Planning Commission.  may be cause for revocation of this entitlement.  privilege.  Zoning Ordinance.  notice at or after the hearing on the original grant of the approval.  8    5. The applicant agrees toi indemnify, hold harmless, and defend the City, its officers, agents, and employees from any and all liability or claims that may be brought against the City arising out ofi its approval oft this permits, save and except that caused by the City'sactive negligence. The City shall promptly notify the applicant of any such claim, action, or 6. The applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for  proceedings and shall cooperate fully in the defense.  revocation ofthis permit.  9    754s 952-258 hoLoo "Yo'ENonyNy >S 'oa 'Ay ATA3KM ' 1LE cino  195-15:-0E yoLob 'vo'cebny SF xos "a'd 849 EWO Sea-8  330 o os 6483 2175  59383 A6r3 b5rsy Bariy ows ' CoRwwNI Agro  IIIT  Sp e1z    4595 57-718 YoLO y VOVAY XoS'o'd SA4 A3934m 'r9 JLE Nnno  275-ISE-08 yoLos yo vophlAy 2517 Xor 9a 274 NN See  SAI-Y AN) ABAsq Spiny wwps  UR  SIRT    7355 952-288 +OLO 'Ho' nCTONN xe'0 'aNy Masm 'n hs a3rvag AEN 5 0VAD3 0n ano.  9L95- SE-OE YOLoG s OJAY 25r xg 0'o Sus41y AGiera 418    oNd acn  0E 35  SN,9  OXaral  Sso cXalpE 9,7975  oXOS.E 1021 0-,17.  E  05    95y5-952-7e8 yoLob "No'rery Xo EmO  L99-(SE-05 oLo es' CiG-NY 25V x3 ''e $N3 ppnyd snd  BNY 4wm 'm 1LE iAa MaaoN  2-Hy ACT Banrsa Bciny Sraa" " cvoslaAsa os  81 )  19(8  kB    39.957 LE8 yoio 'vo' 'nonwy *g '0 65710 'on LS g3isno, .8:81 ol-8 b  7275 -S0E oLoo O'GOYNAY 254 xSI $)9 nes S  UA  'o BAV  S83yy na Ra6030 ST DT'sg CCIVA3A S3m  97NA313 S4E 58  S  o ) a     755-957-188 voLo "yo' onury Xo ou 3AL ancn" ' 1  9475 IS-DE VaLOo o'oA 251 xg 0'a 8 eo Sosd  any An Aarag RANNY 3 caS M3  CN7 vay  nma aNd NORASENnO  3*7  #a 965  494 *9XY #'09xY    3Y5752-258 VOLOo '4o CNOTUAY Xos o somo  9L95-155-0E roLow "D'soT 2Sy xo50 SAB EICNa Sey  'SA hauien'co lL 3053495 moonipn  383HAy csoa aspan SNY Caw ua  3762S oo c4 51315  a a  a  a  0    95/3-752-20 yaLob 'vo awAy xogod ghacip  L,95 -55-0E LOLo vo COBAy 81B sm  25Y % 0B '3AY hS71L3NC ' 1L 0233174 Ace Aaeaa 3EIR3 094105 vi  N. C a5  $8 'IW  ,9:2 'cizw  AJVVU  7  M  B    255- 957-1E9 yoLos 76 YoTuAt Kc old 13p6 ASEAD ' 1LS vamo  9495 ISGro1E yoLob vo'conAAy 257 sog *0a 315 CN  283.4Y Maos aswmpsctivg  a. oEAS  AAUAK  AA  AU  360  25,9 'ANY    7545 957-256 V0lob  'COMAY xoe 'old y AMLLINm'C JLE 43rmo  9495-1S6-0 joLols vo'cenuny 5 7g Q' S puwa Seyne  019NN3 134)5 pmuaara ag  03 4  PHISY k3 dBcsq aryny G-aPo 'ar  o7E  d  Mounà so aeNeuoB ->a0 o 300L951-  Tobl