CITY OF AVALON PLANNING COMMISSION AGENDA City Hall Council Chambers 410 Avalon Canyon Road, Avalon, CA Regular Meeting = November 20, 2024 at 5:00 p.m.  This meeting is viewable in person at the Council Chambers or via livestream:  Facebook: htp/www.facebook.com/CIVOTAvalonOfficia) YouTube ntp/ww.youtube.comlclyofavalonca) Website ntp/www.ciyolavaon.commeetngs) 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  inp person to the Planning Department at City Hall or via email to  romo@cryoravaoncom.  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  tp/pw.cinolavasncon  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 ALLEGIANCEROLL 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 Thursday November 14, 2024 Senior Administrative Assistant Building and Planning  Website: Thursday November 14, 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 a memberofthe 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 October 23, 2024. GENERAL BUSINESS: 2. PUBLIC HEARING:  Recommended Action: Approve and file in addition to the official live recording  A Public Hearing and consideration of a resolution recommending approval of the 2025 Growth Policy to the City Council as required by Avalon Municipal Code Section 9-12.102, finding the effects and demands of development permitted in the City over the preceding ten months (January 1 - October 31, 2023) in compliance with all applicable regulations and exempt from environmental review under the CEQA "General Rule" Section 15061(b)(3).  ADJOURN:  Anyone may appeal any decision made by the Commission to the City Council. Toappeal, 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 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 Thursday November 14, 2024 Senior Administrative Assistant Building and Planning  Website: Thursday November 14, 2024  By: Donna Terpinitz-Romo    PLANNING COMMISSION MINUTES  August 21, 2024  AVALON PLANNING COMMISSION MEETING WEDNESDAY OCTOBER 23, 2024  MINUTES  CALL TO ORDER-5:00 p.m.  ROLL CALL- Present: Vice Chair Kathy Smith, Commissioners, Yolanda Say, Eric Huart, 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. Absent: Commissioner Romero PUBLIC COMMENT- CONSENT CALENDAR- 1). Minutes- August 21,2024 seconded by Commissioner Say Absent: commissioner Romero PUBLICHIEARING-  Motion to approve August 21, 2024 Minutes was made by Commissioner Kennedy (6A Ayes) Vice Chair Smith, Commissioners Say, Huart, Kennedy, Carel, Sterling and  Huart.  2) A motion was made by Commissioner Say and seconded by Commissioner Sterling to approve 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 of the  Coastal Zone.  Applicantowner: Richard and Anney Denny  Files: Location of Project: APN: PC #: File Date: General Plan: Zone:  SPR, CDP 7480-025-014 2868 9/18/2024  371 W.V Whittley Avenue  Low Density Residential (LDR) Low Density Residential (LD)    PLANNING COMMISSION MINUTES  August 21, 2024  (6Ayes) Vice Chair Smith, Commissioners Say, Huart, Kennedy, Carel, Sterling and  Huart.  Absent: commissioner Romero  Vice Chair Smith adjourned meeting at 5:52pm, October 23, 2024 is on file in City Hall.  Donna Terpintz-Romo/Senior Administrative Assistant    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 ofthe 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 October 23, 2024. GENERAL BUSINESS: 2. PUBLIC HEARING:  Recommended Action: Approve and file in addition to the official live recording  A Public Hearing and consideration of a resolution recommending approval of the 2025 Growth Policy to the City Council as required by Avalon Municipal Code Section 9-12.102, finding the effects and demands of development permitted in the City over the preceding ten months (January 1 - October 31, 2023) in compliance with all applicable regulations and exempt from environmental. review under the CEQA" "General Rule" Section 15061(b)(3).  ADJOURN:  Anyone may appeal any decision made byt the Commission to 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 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 Thursday November 14, 2024 Senior Administrative Assistant Building and Planning  Website: Thursday November 14, 2024  By: Donna Terpinitz-Romo    AVALON PLANNING COMMISSION STAFF REPORT- PC#2871 Wednesday, November 20, 2024  Application File: N/A  Item No. 1 -Public Hearing  Submitted by: Kelly Ribuffo, Contract Planner  A Public Hearing and consideration of a resolution recommending approval of the 2025 Growth Policy to the City Council as required by Avalon Municipal Code Section 9-12.102, finding the effects and demands of development permitted in the City over the preceding ten months (January 1 - October 31, 2023) in compliance with all applicable regulations and exempt from environmental review under the CEQA "General Rule" Section 15061(b)(3).  BACKGROUND  Section 9-12.102 of the Avalon Municipal Code (AMC) stipulates that the City Council, in conjunction with thel Planning Commission, shall review the growth permitted int thej preceding ten months, review the effects and demands of such development and any additional development upon the City's natural resources, and determine, by resolution, the amount and typeofgrowth the City will permit int thes succeedingyear, as well as City priorities for growth. As summary oflocal development activity during the past year (January 11 through October 31, 2023). has been tabulated and is attached as "Exhibit A" to Planning Commission Resolution No. 24-10(Attachment 1) recommending the adoption of the City's Annual Growth Policy for  the year 2025 by the City Council.  DISCUSSION AND RECOMMENDATIONS  Water Allocation Status:  Southern California Edison (SCE) is not currently in any stage ofwaterr rationing. Fresh water allocations assigned to applicants on the Fresh Water Allocation List will be honored and a waiting list is established for projects pending availability of new freshwater allocation (Attachment 2). However, at this time no new freshwater allocations will be assigned until SCE completes construction of Phase II of the desalination system expansion, with an estimated completion at the beginning of 2025. Once construction is complete, a water availability assessment will be completed to determine the available water supply and potential water surplus. SCE will notify the City once the assessment is complete with an  anticipated timeline for when water will be available for new allocations.  Recommendations:  Staff recommends maintaining the Annual Growth Policy development limits as they were approved for the 2024 calendar year. A development project shall only be required toi fall into one ofthe foregoing categories to qualify for consideration. The permitted classes of] projects    are set forth in greater detail in Attachment 1.  The repair, in-kind replacement, remodeling or enlargement of existing commercial In-fill projects involving limited new construction and subject to specified conditions;  and residential structures, subject to specified conditions;  Residential tract development, ifspecified conditions can bei met;  An ADU or JADU is not allowed in any location within the City unless the water provider indicates there is sufficient water by issuing a water allocation or that no allocation is needed (Avalon Municipal Codes 9-5.605(a)(3), or the ADU or JADU  is required by state law;  Infrastructure projects authorized by the City/Successor. Agency;  Projects which the Planning Commission determines will not have growth inducing Projects which are not in-fill in nature or involve existing residential or commercial structures but for which CEQA documents have been adopted and findings made that explain why the resulting growth is beneficial to the City and its residents.  effects; and  Almost all oft the above development categories require confirmation from SCE that adequate fresh water: is available to support the proposed project. Planning staffcontinues to coordinate with SCE regarding review of new planning applications within the city. Potential development applications that staff are aware of are reflected on the current SCE waitlist and/or would fall into one of the above development categories. Therefore, if a water allocation becomes available in 2025, entitlements for these projects would not be delayed by  the implementation of the Annual Growth Policy as recommended.  GENERAL PLAN/LOCAL COASTAL PROGRAM COMPLIANCE  The Avalon General Plan recognizes the need to minimize water consumption in light of limited water resources available on the island. The Land Use Element, Housing Element, and Conservation Element set forth goals and policies which balance community growth and protection of natural resources through organized development practices. The Annual Growth Policy is also incorporated as an integral part of the City's certified Local Coastal Program (LCP) Annual review and update of the Annual Growth Policy allows the City to adapt to changing availability of water resources while providing the community with direction to plan for future  Implementation Plan.  2    development projects. Therefore, the proposed policy is in compliance with both the Avalon  General Plan and the Local Coastal Program.  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 15601(b)(3) because it has no potential to have a significant The proposed policy establishes standards for the approval of allowed growth within the parameters ofexisting General Plan and municipal code regulations. It does not authorize any changes to land use limitations or approve any new development project. Therefore, there is no reasonable possibility that the activity in question may have a significant effect on the  effect on the environment and is not subject to CEQA.  environment.  AUTHORIZING GUIDELINES  AMC Section 9-12.102 authorizes the Planning Commission to review and take action on  recommendations to the City Council on the Annual Growth Policy.  PUBLICNOTICE  The Hearing Notice was published in Catalina Islander on November 8, 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 ofa) Resolution approving the 2025 Annual Growth 2. Find the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15061(b)(3).  Policy.  ATTACHMENTS  1. Draft Resolution No. PC24-10  2. SCE Water Allocation Waitlist as ofOctober 28, 2024  3    Date WaitI List# Reccived 1/27/2003 W-1* 11/1/2021 W-33 11/30/2021 W-34 2/18/2022 W-36 4/25/2022 W-38 5/27/2022 W-39 10/17/2022 W-41 11/1/2022 W-42 11/8/2022 W-43 12/19/2022 W-44 12/29/2022 W-45 8/9/2023 W-46 8/9/2023 W-47 8/9/2023 4/29/2024 W-49  Location EIF Rancho Escondido 210Marilla 208-210Whitley 155_157Olive 301E Beacon Hiawatha/Marilla (No addresses) yet) 199 Chimes Tower 111 Clarissa Ave 230 Crescent Ave 225 Metropole 311 Sumner 1001 Middle! Ranch! Rd 1001 Middle Ranch Rd 100 Middle Ranch Rd Field ofDreams  New Remodel Const X  of Type Request Vincyard andl Resort IBR Add: 3rdf floor andI Deck AddADU 44F Room! Hotel (Phasel II) 132 bedroom Duplex Townhomes Add2 Employee Units X Add 13 seats to existing restaurant & add 1.01 77 seats to1 new 3rd floor. X Formally add patio that wasa added during 0.65 thep pandemic Buy thel lotr next door and! build new educationo center ands storage. Requesti is 0.04 forl landscaping. X Addl Employee Housing x Nativel Plant Farmland x Seed Farm x Residence! Hall X Phase II Workforcel Housing  Requested Usage (AFY) *Outside 8.81 ofAvalon system 0.09 0.09. 0.09 3.14 2.33 0.18  X X X  X X  X  x  0.21 4.08 0.45 1.09 3.54 16.99 8.81  W-48  TOTAL Avalon System TOTAL Middle Ranch System    RESOLUTION NO. 24-10  A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AVALON RECOMMENDING THAT THE CITY COUNCIL ADOPT A RESOLUTION APPROVING  THE 2025 ANNUAL GROWTH POLICY  WHEREAS, the City of Avalon has adopted an Annual Growth Policy to balance the demands ofresidential and commercial development within the city limits with the availability of  freshwater resources to support community growth; and  WHEREAS, the Planning Commission has authority per. Avalon Municipal Code (AMC) Section 9-12.102 to: review and take action on recommendations to the City Council on the Annual  Growth Policy; and  WHEREAS, the Planning Commission reviewed the growth permitted in the City during the preceding calendar year (attached as Exhibit A) and the effects and demands of such  development and other development on the City'sr resources; and  WHEREAS, on November 20, 2024, the Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the development ofa growth resolution for calendar year 2025 pursuant to Avalon Municipal Code Section 9-12.101;  and  WHEREAS, the Planning Commission has considered the staff report, supporting WHEREAS, all other legal pre-requisites for the consideration ofthe 2025 Annual Growth NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF  documents, public testimony, and all pertinent information submitted.  Policy by the Planning Commission have occurred.  AVALON DOES HEREBY RESOLVE ASI FOLLOWS:  Section 1. The Planning Commission hereby finds that the foregoing recitals are true and Section 2. The Planning Commission finds that the 2025 Annual Growth Policy is exempt  correct and are incorporated herein as substantive findings.  from the California Environmental Quality Act ("CEQA") pursuant. to Section 15061(b)(3) of the CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) because it has no potential to have a significant effect ont the environment  and is not subject to CEQA.  Section 3. Based on the foregoing recitals and findings, the Planning Commission hereby  recommends that the City Council adopt a Resolution approving the 2025 Annual Growth Policy, establishing overall priorities for growth and determining the amount and type of development to be permitted in the succeeding year.    Section 4. Based on the foregoing, the Avalon Planning Commission adopts Resolution No.  24-10 and recommends the following growth policies for calendar year 2025, providing that new development will be permitted only for the following classes of projects. Aj project shall only be required to fall into one ofthe foregoing categories  to qualify:  a) Projects involving existing commercial and residential structures which are to be repaired, replaced in kind, or remodeled or enlarged, provided no additional bedrooms or dwelling units are added to existing residential structures other than density bonus units permitted by conditional use permit, and the Southern California Edison Company confirms in writing that wateri is available to serve the project, ifapproved by the City. As used herein, ai replacement in kind is construction which does not change thej prior use, increase the total square footage, or increase the number of units in the replaced structure. This section does not prohibit consideration and approval ofconditional usej permits for transient occupancy,  subject to the limitations otherwise applicable to: such permits. b) Anin-fill project. As used herein, an in-fill project shall mean:  i. any residential project which creates five or fewer units (including any bonus ii. any oeritiomiMistorserng commercial project that increases square ii. any expansion of existing recreational/visitor serving development, not over 5,000 In-fill projects must be located on a legally conforming parcel, provided that if the project is not categorically exempt, then the project proponents can mitigate any adverse environmental impacts, and the Southern California Edison Company confirms iny writing that water is available to serve the project if approved by the City. c) Residential tract. development of greater than five units may be allowed if the project provides 20% of the units proposed or one unit, whichever is greater, to year-round, non- transient, affordable housing and the Southern California Edison Company confirms in writing that water is available to serve the project, ifapproved by the City. d) An ADU orJ JADU: is not allowed in any location within the City unless the water provider indicates there is sufficient water by issuing a water allocation or that no allocation is  density units); or footage by <50%; or square feet;  needed, unless such ADU or JADU is required by state law.  e) Infrastructure projects authorized under or by the City/Successor Agency.  f) Projects which the Planning Commission determines will not have growth inducing effects. By way of example, such projects would include non-inhabited uses such as industrial warehouses, mechanical, marine, or construction service areas and storage spaces and  which do not create the need for additional employees.    g) Projects which are: not categorized as in-fill or existing residential or commercial structures for which a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report, with or without Mitigation Monitoring Program, is adopted and for which specific findings are made that explain why the resulting growth is beneficial to the City of Avalon and its residents and the Southern California Edison Company confirms in writing that water is available to serve the project, ifa approved by the City either via the existing safe annual yield or via an additional fresh water resource in accordance with SCE h) In any event, projects which have been granted a water allocation or water transfer, the City Council or their designee shall review and determine that water is available, and shall make an additional finding that any allocation or transfer of water for the project by SCE is consistent with the City's adopted General Plan and that the allocation or transfer of water for the project is done in a manner that is fair, transparent, and promotes the public BE: IT FURTHER RESOLVED that a copy ofthis Resolution be delivered to the City of  tariffs.  health, safety, and welfare.  Avalon City Clerk for transmittal to the City of Avalon City Council. PASSED, APPROVED AND ADOPTED this 20th day ofNovember, 2024.  Chairman Kathlene Smith  ATTEST:  Dave M. Maistros, City Manager  CERTIFICATE:    I,I Donna Terpinitz-Romo, hereby certify that the foregoing Resolution 24-10 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 20th day of  November, 2024, by the following vote, to wit  AYES: NOES: ABSENT: ABSTAIN:  Donna Terpinitz-Romo, Senior Administrative Assistant  EXHIBIT A    CALENDAR YEAR 2024 ENTITLEMENTS GRANTED  PC# 2842 2854 2859 2861 2863 2866 2868  Date Adopted Location 1/18/2023 2/21/2024 3/20/2024 4/17/2024 5/15/2024 7/17/2024 10/23/2024  Project Description Hotel  301 Beacon Street 335 Wrigley Road 301 Crescent Avenue 101 Island Plaza  Site Plan and Variance for wall and trellis carports Conditional Use Permit to change from an Alcoholic Beverage Control (ABC) Type 42 to Type 40 license Conditional Use Permit, Site Plan, Coastal Development Permit for dome theater (Immersed storage facility (Straight Up Self Storage) Development Permit for horse stable facility (Catalina Island Horseback Adventures) Site Plan and Coastal Development Permit for new two-story accessory building  Education)  100 Old Reservoir Road Site Plan and Coastal Development Permit for self- 602 Avalon Canyon Road Conditional Use Permit, Site Plan, and Coastal  371 W. Whittley