CITY OF AVALON PLANNING COMMISSION AGENDA City Hall Council Chambers 410 Avalon Canyon Road, Avalon, CA Regular Meeting - January 22, 2024 at 5:00 p.m. This meeting is viewable in person at the Council Chambers or via livestream: Facebook: ntp/www.faceboOK.COm/CIVOTAvalonofficia) YouTube nttp/www.youtube.com/ciyotavalonca) Website itp/Awww.clyofavalon.com/metings) 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 in person to the Planning Department at City Hall or via email to romo@clyplayaloncom 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 nttp:/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 toe 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 Thursday January 16, 2025 Senior Administrative Assistant Building and Planning Website: Thursday January 16, 2025 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 al member of 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 November 20, 2024. GENERAL BUSINESS: 2. PUBLIC HEARING: Recommended Action: Approve and file in addition to the official live recording Site Plan and Coastal Development Permit to allow the construction ofa a detached habitable accessory building in the Multiple Residential, High Density (HD) 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 appealable area of the Coastal Zone. Location: 123 Marilla Avenue (APN 7480-020-018) Owner: Michelle and Michael Upton Application #: PC#2874 Filing Date: November 13, 2024 ADJOURN: Anyone may appeal any decision made by the Commission tot the City Council. To 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 January 16, 2025 Senior Administrative Assistant Building and Planning Website: Thursday January 16, 2025 By: Donna Terpinitz-Romo PLANNING COMMISSION MINUTES November 20, 2024 AVALON PLANNING COMMISSION MEETING WEDNESDAY November 20, 2024 MINUTES CALL TO ORDER-5:00 p.m. ROLL CALL- Present: Chairman Kathy Smith, Commissioners, Eric Huart, Brenda Carel, Sean Sterling, City Manager Dave Maistros, Senior Administrative Assistant Donna Terpinitz-Romo, Project Manager Kelly Ribuffo and AV: Specialist Jamie Absent: Commissioners Romero and Say and Vice Chairman Kennedy Hmeilak. PUBLIC COMMENT- CONSENT CALENDAR- 1) Minutes- Motion to approve October 23, 2024 Minutes was made by Commissioner Huart (4 Ayes) Chair Smith, Commissioners Huart, Carel, Sterling and Huart. Absent: Commissioners Romero and Say and Vice Chairman Kennedy seconded by Chairman Smith PUBLIC HEARING- 2) A motion was made by Commissioner Huart and seconded by Chairman Smith for the consideration of a resolution to recommend 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"s Section 15061(b)(3). (4A Ayes) Chair Smith, Commissioners Huart, Carel, Sterling and Huart. Absent: Commissioners Romero and Say and Vice Chairman Kennedy Vice Chagsminadpenebseting at 5,46pm,Noyember 20, 2024 mna// Donna Tep.hnitz-RomgSenior Administrativé. AVALON PLANNING COMMISSION STAFF REPORT-I PC#2874 Wednesday, January 22, 2025 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 ofa detached habitable accessory building in thel Multiple Residential, High Density (HD) 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. Applicant/Owner: Michelle and Michael Upton Location of] Project: 123 Marilla Avenue Files: APN: PC#: File Date: General Plan: Zone: SPR, CDP 7480-020-018 2874 11/13/2024 High Density Residential (HDR) Multiple Residential, High Density (HD) BACKGROUND Project Vicinity Zoning High Density (HD) High Density (HD) High Density (HD) High Density (HD) High Density (HD) General Plan (HDR) (HDR) (HDR) (HDR) (HDR) Current Use On-Site North South East West High Density Residential Multiple Residential, Single-family residence High Density Residential Multiple Residential, Residential High Density Residential Multiple Residential, Residential High Density Residential Multiple Residential, Residential High Density Residential Multiple Residential, Residential Existing Site: The project site is a rectangular parcel approximately 4,800 square feet in size. It is currently developed with a single-family residence constructed c.1920 in the Craftsman style and a separate jacuzzi with pergola in the rear yard. The lot slopes downwards from southwest to northeast at approximately 8 degrees and does not meet the definition of a hillside lot per Avalon Municipal Code (AMC) Section 9-3.608. 2 Existing Area Context: The project site is located west of the intersection of Marilla Avenue and Crescent Avenue. This area, generally known as "the hills", is predominantly developed with single and multi-family residences, with the presence of commercial businesses and accommodations closer to Crescent Avenue. Buildings are present ofvarious heights depending on the slope ofthel lot and architectural styles vary based on1 the period of construction. This portion ofMarilla Avenue is characterized by high density lot coverage with minimal front and rear landscape areas. Two hotels, the Aurora Hotel (137 Marilla Avenue) and the Catalina Courtyard Suites (108 Marilla Avenue) are located near the project site. Entitlement and Permit History: On November 22, 2024, the Planning and Building Department issued a building permit (Permit #24179) for a new 300 square foot uncovered deck at the rear oft the existing residence. The deck is currently under construction. PROJECT: DESCRIPTION The property owners, Michelle and Michael Upton, propose to construct a new 336 square foot detached habitable accessory structure. The floor plan consists of an open sitting room/sleeping room with a full bathroom. The intent oft the accessory building is to serve as an extension of the existing residence as an additional guest bedroom. It will not contain cooking facilities and will not be rented separately as an independent dwelling or accessory dwelling unit. Project description, project plans, and site photographs are provided as Attachments 2 through 4 The proposed project must comply with development standards set forth in AMC Section 9-5.405 ofthis report. for the HD: zoning district as follows: Development Standards - Multiple Residential, High Density (HD) Zone Required 2,200 sq. ft 25ft Existing 4,800 sq. ft 40ft Proposed No change No change Lot Area Lot Width Lot (includes deck) Floor Area* Front (Marilla) Side Setback (west) Side Setback (east) Rear Setback Coverage* 80% gross lot area 28% (1,343 sq. ft) 35% (1,679 sq. ft) 130% gross lot area 22% (1,043 sq. ft) 29% (1,379: sq. ft) (up to 2 stories) 3ft 3ft 3ft Setback 3ft N/A N/A N/A N/A 3 59ft 8.5ft 7.5ft 38ft Required Existing N/A Proposed 24ft 24 ft above lot's natural surface No change No change Distance Between 6ft Buildings Height hillside) (Non- 28 ft above lot's N/A natural surface; no more than two stories space enclosed area Parking (Autoette) 1 off-street parking None Trash Storage Provide on-site in Provided *All percentages 0.5 or above are rounded up to ther nearest whole number, and all percentages 0.4 or 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 to the principal use arej permitted int thel HD: zone. The proposed project meets all of the development standards for the HD zone, including height, lot coverage, and floor area. "Accessory buildings or structures, including private garages" are permitted under AMC 9-5.403 in this zone, SO no conditional use permit is required in this case. Therefore, staff recommends approval oft the project as proposed by the applicant. Conditions of approval have been recommended in the draft resolution (Attachment 1) to clarify that the accessory building cannot have cooking facilities or be rented as a separate dwelling unit without furtherr review by the Planning and Building Department. 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 isi required. On November 20, 2024, SCE granted the property owner ai modified water allocation (Attachment 2). for one bedroom to cover the need for the proposed project. Therefore, staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2025 Annual Growth Policy. Site Plan Review: Site plan review is established in order to provide a visual and factual document that may be used to determine and control the physical layout, design or use ofa lot or parcel of1 land, buildings or structures. AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan Review as follows: 4 1. Every use, development ofl 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 9-5.405 for buildings in the Multiple Residential, High Density (HD) zone, including setbacks, height and floorarea, and lot coverage. No variances or deviations from 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 development standards, 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 general accord with all elements ofthe Thej proposed project meets all other development standards for ai residential development in the HD zone, including setbacks, height and floor area, and lot coverage. Therefore, it will comply with existing height and massing standards and will remain visually The floor level oft the proposed accessory building is approximately even with the grade of the property to the west and south, and over roof. height of the property to the east. As positioned, the building will not overlook private open space on adjacent properties and Furthermore, the use of the property will remain classified as a single-family residence, 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 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 west ofthei intersection ofCrescent Avenue and Marilla Avenue. This area, generally known as "the hills", is predominantly developed with single and multi-family residences of various heights depending on the slope of 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 8.203.a) are required for the construction of the proposed project. General Plan. (AMC Section 9-8.203.b) compatible with the surrounding residential development. will not create new or worse privacy issues. health, safety, or general welfare of the surrounding community. architecture. (AMC Section 9-8.203.c) development on the site ori in the vicinity. Coastal Development Permit: The City of Avalon is located entirely within the Coastal Zone. The project is located within the 300-foot appealable boundary of the Coastal Zone and qualifies as development that requires the 5 local issuance a Coastal Development Permit in accordance with AMC Section 9-8, dependent on 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 Multiple Residential, High Density (HD): )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: the following findings: 8.103.d.1) applicable. ofHigh Density Residential (HDR). Policy II-1 ofthe 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. 3 The proposed project involves construction of a habitable accessory building on a developed residential property. The proposed project meets all development standards for a single level building in the HD zone, including height, setbacks, floor area, and lot coverage. This area, generally known as "the hills", is predominantly developed with single and multi-family residences of various heights depending on the slope of thel 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 in this division, shall be locatedwithin, contiguous with, or in close proximily to, existing developed areas able to accommodate it or, where such areas are not able toc 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 developed areas shall be permitted only where 501 percent ofthe usable parcels ini the area have been developed and the created parcels would be no smaller than the average size ofsurrounding. parcels. " 6 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 oft the project site. The project site is located approximately 300 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 Multiple Residential, High Density Development Standards: The proposed project complies with all development standards as set forth in AMC Section 9-5.405 for buildings in the HD zone, including lot coverage, floor area, height, and setbacks. No adjustments or variances are required to permit the proposed project. Affordable Housing Ordinance: This ordinancei 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 ai residential area of the city, in compliance with development standards for the HD 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 on coastal resources. Chapter 3 of the Coastal Act. (AMC9-8.103.4.2) ori impede existing public access opportunities. ENVIRONMENTAL DETERMINATION California Environmental Quality Act: Thej proposed project is categorically exempt from the provisions ofthe 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 a new detached accessory building on ad developed residential property in an urbanized area of the city. As such, the project is not expected tol 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 section153002apply: Thel Project isnotl located in aj particularly sensitive environment because it is proposed in an area already developed for residential uses. No cumulative impact environment. 7 would occur from this Project'sa approval because only a single application has been submitted and no future development isj 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 al hazardous waste site, and the Project does not involve al historical resource. 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 January 10, 2025, 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 January 10, 2025. The project site was posted in three location(s) with the notification on the same date. STAFF RECOMMENDATIONS Staffrecommends: 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 2025 Annual Growth Policy. ATTACHMENTS 1. Draft Resolution No. PC25-01 2. Applicant Project Description 3. Applicant Project Plans 4. Site Photographs dated 12/17/2024 8 RESOLUTION NO.] PC25-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AVALON, CALIFORNIA, APPROVING A SITE PLAN AND COASTAL DEVELOPMENT PERMIT FOR A DETACHED HABITABLE ACCESSORY BUILDING IN THE MULTIPLE RESIDENTIAL, HIGH DENSITY ZONE, LOCATED AT 123 MARILLA AVENUE, AVALON, WHEREAS, Michelle and Michael Upton ("Applicant") filed an application for a Site Plan and Coastal Development Permit (PC#2874) to approve a detached habitable accessory building ("Project") on the residential property located at 123 Marilla Avenue, APN 7480-020- CALIFORNIA 018 ("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 Plan and Coastal Development Permit; and WHEREAS, the Site is categorized High Density Residential (HDR) by the General Plan Land Use Element and is located within the Multiple Residential, High Density (HD) zoning district; and WHEREAS, the Site is located within the 300-foot appealable boundary of 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 - Existing Facilities). No public review is required; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on January 22, 2025, 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 in attached Exhibit "A"; and Development Permit have occurred. WHEREAS, all other legal prerequisites for the consideration of the Site Plan and Coastal NOW, THEREFORE, BE. IT RESOLVED that the Planning Commission oft the City of Avalon does hereby approve a Site Plan and Coastal Development Permit for a detached habitable accessory building located at 123 Marilla Avenue, based on the following findings: SECTION1- ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions ofthe 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 a 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 oft the project site or surrounding area. Further, none of the exceptions to the use of categorical exemptions stated in State CEQA Guidelines section 15300.2 apply: The Projectisnot! located in aj particularly sensitive environment because it is proposed in an area already developed for residential uses. No cumulative impact would occuri 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 al hazardous waste site, and the environment. Project does not involve a 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. On November 20, 2024, SCE granted the property owner a modified water allocation (Attachment 2) for one bedroom to cover the need for the proposed project. Therefore, staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2025 Annual Growth Policy. Site Plan Review: Site plan review is established in order to provide a visual and factual document that may be used to determine and control the physical layout, design or use ofa lot or parcel of land, buildings or structures. AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan 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 9-5.405 for buildings in the Multiple Residential, High Density (HD) zone, including setbacks, height and floor area, and] lot coverage. No variances or deviations from Review as follows: 8.203.a) are required for the construction oft the proposed project. 2 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 development standards, shalll 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 be in general accord with all elements ofthe The proposed project meets all other development standards for ai residential development in the HD zone, including setbacks, height and floor area, and lot coverage. Therefore, it will comply with existing height and massing standards and will remain visually The: floor level oft the proposed accessory building is approximately even with the grade of the property to the west and south, and over roof height of the property to the east. As positioned, the building will not overlook private open space on adjacent properties and Furthermore, the use of the property will remain classified as a single-family residence, 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 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 west ofthe intersection ofCrescent. Avenue and Marilla. Avenue. This area, generally known as "the hills", is predominantly developed with single and multi-family residences of various heights depending on the slope of 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 General Plan. (AMC Section 9-8.203.b) compatible with the surrounding residential development. will not create new or worse privacy issues. health, safety, or general welfare of the surrounding community. architecture. (AMC Section 9-8.203.c) development on the site ori in the vicinity. Coastal Development Permit: The City of Avalon is located entirely within the Coastal Zone. The project is 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 on 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 the following findings: 8.103.d.1) 3 Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances, as General Plan/Local Coastal Plan: The Multiple Residential, High Density (HD) 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: applicable. of High Density Residential (HDR). 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. " The proposed project involves construction of a habitable accessory building on a developed residential property. The proposed project meets all development standards for a single level building in the HD zone, including height, setbacks, floor area, and lot coverage. This area, generally known as "the hills", is predominantly developed with single and multi-family residences of various heights depending on the slope of thel 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 or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall. be permitledonlywhere. 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 oft the city, with minimal increase in overall lot coverage and floor area, and no change of use oft the project site. The project site is located approximately 300 feet from thei 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 average size ofsurrounding. parcels. on coastal resources. 4 Multiple Residential, High Density Development Standards: The proposed project complies with all development standards as set forth in AMC Section 9-5.405 for buildings in the HD zone, including lot coverage, floor area, height, and setbacks. No adjustments or variances are required toj permit the proposed project. Affordable Housing Ordinance: This ordinancei is not applicable to the 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 ai residential area oft the city, in compliance with development standards forthe HD 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 ofthe Coastal Act. (AMC9-8.103.4.2) orimpede 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 thej property Site is within the 300-foot appealable zone oft the Coastal Development Permit 2. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in this Resolution 25-01, the Planning Commission grants the Site Plan Review and Coastal Development Permit, subject to the conditions of approval set forth in the attached Exhibit' "B." 3. The Chairman of the Planning Commission shall sign this Resolution 25-01 and the Secretary of the Planning Commission shall certify the adoption thereof. BE IT FURTHER RESOLVED that a copy ofthis Resolution 25-01 be delivered to the City Clerk of Avalon and a copy be sent to the Applicant at the address set forth int the application to 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 2025, by the following vote: 5 Chairman Kathlene Smith ATTEST: David Maistros, City Manager CERTIFICATE I, Donna Romo, hereby certify that the foregoing Resolution 25-01 was adopted by the Planning Commission of the City of Avalon at a special meeting held on the day of 2025, 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 6 EXHIBIT "B" CONDITIONS OF APPROVAL Street Address: 123 Marilla Avenue, APN 7480-020-018 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 January 22, 2025, 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, ifo changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Planning Director for approval. If 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 ai newj 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 ifa timely request for an extension oft time has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control of the property owner shall not result in the termination of such: right or Upon written request submitted not less than 30 days prior to termination oft the approval, the Planning Commission may grant one six-month extension ofs such 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 ofthis entitlement. privilege. Zoning Ordinance. notice at or after the hearing on the original grant oft the approval. 8 5. The applicant agrees to 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 ofits approval oft this permits, save and except that caused by the City's active 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 7. The habitable accessory building shall not have a kitchen or other independent cooking 8. The habitable accessory building shall not be rented separately from the existing single- family residence, nor classified as an independent or accessory dwelling unit, without further review by the Planning and Building Department for conformance with Title 9 of proceedings and shall cooperate fully in the defense. revocation ofthis permit. facilities. the Avalon Municipal Code. 9 Michael and Michelle Upton Trust POI Box 231 Avalon, CA 90704 December 20, 2024 City of Avalon-B Building Re: Planning Commission Application- - 123 Marilla Ave. Project description and summary of slope, setbacks, heights Project- Add a bedroom and bathroom to our property. The dwelling will not have cooking facilities. Itwill be utilized as a guest room. The exterior will match the existing home. The height will be kept low to respect neighbors view shed. We have water fort this project. Water obtained - letter attached Slope 8 degrees- - letter attached Lots size - 120' x4 40' Existing home - 35'x26' Setbacks- Downhill side 7.5' Uphill side 8.5' Back of lot 38' From house deck 4' From house 24' Dimensions and height ofr room can be found on drawings #3 & #4 Please let me know If anything further is needed. Thank you, Sk Michelle Upton Docusign Envelope ID: 6FC35847/3723-8FD.ASAOPEABBIE0I0D3D SOUTERN CALIORNIA EDISON Energy for What's Ahead" November 20, 2024 Michelle and Chip Upton 123 Marilla Ave. POI Box 231 Avalon, CA 90704 atlmalsyas@yahocon Dear Michelle and Chip: RE: Fresh Water Allocation: Request: 123 Marilla On November 18, 2024, you submitted an updated response to Southern California Edison Company's (SCE) fresh water allocation questionnaire for a project at the above-referenced address, This letter is to notify you that based on your response, and in accordance with SCE's tariffs filed with and approved by the California Public Utilities Commission (Commission,wa fresh water allocation is not required. SCE recognizes your project as instead of building a 2 bedroom ADUbehind your existing 3 bedroom house, you would like to add 1 bedroom to your existing 31 bedroom house. This will be a decrease in your existing, approved fresh water allocation of0.18 acre. feet per year (AFY) to 0.09 AFY. You may now need to obtain authorization for your project from the City of Avalon and/or the County ofLos Angeles. Ifthere are any changes iny your project's type of fresh water use, equipment ofoperations, or facilities, from thei information you provided on the water allocation questionnaire and/or in the development plans you submitted, you must submit an updated questionnaire and/or plans to SCE via email at catainanyater@sce.com for SCE's review and approval. If the changes result in an increased fresh water requirement, the project will be subject to SCE's fresh water allocation process. SCE may identify additional requirements based on the unique characteristics of your project, consistent with our Commision-approyed water tariffs. For example, SCE may require you to execute al Main Extension Agreement for new Please note that unless specified, allocations are not intended to provide water service for private fire protection systems, including residential sprinkler systems. If your project requires such service, you must include this information on your updated questionnaire and/or plans that you will be submitting to SCE at calaimwater@xce.com for SCE's review and approval. Please be aware that SCE will supply water service for private fire protections systems, including residential sprinkler systems, only at such water pressure as may be available from time to timei int the operation of SCE's system, and development projects or require you to obtain easements as appropriate. as further described in our Commission-approved tariffs. This letter is non-transferable except by special agreement with SCE. 367-8851 toi initiate any customer service requests related to this) project. Any questions or updates to the questionnaire must be directed to alalinavateraicc.com. Please also contact SCE at 800- Sincerely, Docusignedby: Autlony Humandes Southern California Edison Company cc: City of Avalon Planning Dept. Anthony -0E235977344E478. Hernandez, Dir Eastern Operations & Catalina Planning ISCEi is providing this response to applicants' fresh water allocation request pursuant to SCE's" Tariff Rule: 31 Paragraph D. Rev. 2022-03 T.V W. Canby, INC 3 Laurel Tree Lane, Irvine, CA 92612-2214 949 933-1926c im.canby@hotmal.com 12/20/2024 Michelle Upton 123 Marilla Ave Avalon, CA 90704 Subject: Dear Michelle, Average Lot Slope for property at 123 Marilla Ave, Avalon, CA 90704 The average slope for your property is 8 degrees. In reference to the topographical site plan on the 2022 plans I prepared; the average slope is the slope of al line from the horizontal down the middle from the high point at the rear to the low point at the rear oft the lot. Please let me know anything else needed to assist you. Best regards, Tim Canby, PE Civil Engineer C29009 JAB 077120w 00lz w7un3dis 92 F2AC5 4 ,001 00 00 a U & 5 2 J 8 979 5 AL 3 E Q,21 h0,& 101, E ) - Q U y ( PC2874-123 Marilla Avenue Site Photographs Taken December17,2024 Kelly Ribuffo 123 Marilla Avenue, Front Elevation, facing North Su3 Proposed Building Location, Rear Yard, facing North Proposed Building Location, Rear Yard, facing North a Proposed BuildingLocation, Rear Yard, facing North SUR Proposed BuildingLocation, Rear' Yard, facing South