Agenda — Avalon City Council, April 5, 2022 (part 2 of 2)

WHEREAS, all other legal prerequisites for the consideration of the Site Plan, Setback Variance, and have occurred.

NOW, THEREFORE, the Planning Commission of the City of Avalon does hereby determine and find as follows:

Section 1. All Recitals shall be incorporated into this Resolution by reference. Pursuant to Section AMC 9-8.203, and based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth below, the Planning Commission approves the Site Plan subject to the conditions set forth in the attached Exhibit “A”
(a) Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. The proposed project complies with all the development standards for the High Density Residential zone and provides additional offstreet parking open to the general public. A variance is not required for the scope of work as none of the planned improvements contribute to any nonconformance within the front property setback, and staff has confirmed that the entire project is fully within the public Right of Way, necessitating a City Council-approved encroachment permit. The design upgrades are calculated by a licensed Civil Engineer and are intended to have a minimal visual impact on the existing area, utilizing like-for-like replacement where possible while also stabilizing and reinforcing the hillside. (b) Every use, development of land and application of development standards shall beconsidered on the basis of the suitability of the site for the particular use or development in tended, 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 propefly and shall be in general accord with all elements of the General Plan. The project involves an existing duplex in the High Density Residential zone and a portion of an undeveloped public street. The proposed changes will mitigate public safety risks by removing and replacing (much in-kind) the existing informal improvements that exist within the City right of way, which is essential inpreserving the accessibility of the heavily sloped area. The scope of work does not include the addition of any traffic lanes and will provide for safer, continuous vehicle access as well as off street public parking, universally benefitting property owners along Beacon. (c) 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 architecture. Application materials indicate that the proposed improvements are consistent with the existing character of this area, and will be reutilizing any original material to be removed during the stabilization/widening of the Burma Trail.

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Exhibit “A”, if any, are reasonably related to public needs and roughly proportional to the impacts created by this Site Plan approval.

Section 3. Pursuant to 9-8.601 of the Code, this approval shall become effective fifteen (15) days after the receipt by the Applicant of a written notice of action taken unless an appeal has been made to the City Clerk of Avalon within the said fifteen (15) days.

Section 4. The Chair of the Planning Commission shall sign this Resolution and the Secretary of the Planning Commission shall certify the adoption thereof.

NOW, THEREFORE BE IT FURTHER RESOLVED by the Planning Commission of the City of Avalon that the Application is hereby approved, subject to the Conditions of Approval in ExhibitA, and that a copy of this Resolution be delivered to the City Clerk as well as the Applicant.

PASSED, APPROVED AND ADOPTED this l6’ day of March, 2022.

Chairman Eric Huart
ATIEST:

Dave Maistros, City Manager

CERTIFICATE
I, Rocio De La Cruz, hereby certify that the foregoing Resolution 22-07 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 16t[1 day of March, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rocio Dc La Cruz, Planning Administrative Assistant

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Exhibit “A”
Conditions of Approval
209 Beacon Street
The following conditions are specific to PC Application #2787:

1. This project approval shall expire on March 16, 2025 unless a time extension is requested, approved, and filed with the Planning Department prior to expiration.

2. All access roads, yards and parking areas shall be properly maintained for life of the project.3. The Commission may impose additional conditions as are deemed necessary at the time of discussion to protect the public health, safety and general welfare, including any pertinent factors affecting the establishment, operation or maintenance of the requested use.

Site Plan

4. Prior to this permit becoming valid, effective or operative, an Encroachment Permit must be issued by the City Council in accordance with AMC Section 4-9.105.

S. The Encroachment shall not interfere with the public’s use of Beacon Street included in the City Right of Way. This intent of this permit shall not authorize the exclusive, private use of any of the proposed improvements, including parking spaces.

The following conditions require additional action by or documentation from, the applicant before building permits can be issued:

The California Department of Fish & Wildlife filing fee shall be submitted as required by California Environmental Quality Act (CEQA) statute, Section 21089(b) and Fish and Game Code Section 711.4. The fee should be paid within five (5) days of approval of the environmentalfiling at the Los Angeles County Clerk’s Office. Once fees have been paid, the applicant shallsubmit a copy of all documentation to the City of Avalon, verifying the fees have been paid.Said permit shall not become valid, vested or operative until the fee has been paid.

If applicable, confirmation is provided by SCE that this project will not require additional fresh water.

Projects resulting in demolition of existing structures or projects exceeding $75,000 in valuemust provide certification of the condition of the sewer lateral before building permits can beissued.

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Projects involving structures constructed before 1979 and that requires any demolition, must be assessed for the presence of asbestos, lead and other hazardous materials which shall be handled in accordance with applicable State codes, South Coast Air Quality Management District regulations, as well as the Federal National Emissions Standard for Hazardous Air Pollutants (NESHAP). Copies of inspection results and shipping manifests (when disposal is required) must be provided prior to issuance of a demolition permit or building (major renovation) permit.

Projects requiring excavation and/or grading in a mapped archeologically area defined in the Cultural Resources Management Plan for the City, may be required to have a qualified archeological monitor onsite during excavation and/or grading.

Projects requiring obstruction of the public right of way must obtain obstruction permits prior to or simultaneous with the issuance of a building permit.

Projects requiring excavation in the public right of way must obtain excavation permits prior to or simultaneous with the issuance of a building permit.

Projects subject to payment of Long Beach Unified School District fees must provide proof of payment or exemption prior to issuance of the building permit.

The following conditions apply to all projects:

The project shall be under construction (defined as foundations in and framing in progress) within 36 months of this approval or all permits will be null and void.

Projects located in the floodplain as defined by the FIRM (Flood Insurance Rate Map), must provide a base flood elevation certificate for the new or substantially improved structure resulting from this application before a building permit can be issued.

Legal lot status must be verified in compliance with local and state subdivision laws, including the Subdivision Map Act (“SMA”) prior to the expiration of this project approval. Should any land division violation be determined, the applicant may request a Certificate of Compliance tocreate a buildable parcel.

If the City discovers that material facts were not disclosed by applicant or that facts provided by the applicant were different than represented, the City may impose additional conditions of approval to mitigate any adverse impacts. The Planning Commission may revoke or modify the use permit in the future if the Commission finds that the use to which the permit allows is detrimental to health, safety, comfort, general welfare of the public; constitutes a public nuisance; if the permit was obtained or is being used by fraud; and/or if one or more the conditions upon which a permit was granted are in noncompliance or have been violated.

The project shall be developed and maintained in strict accordance with the approved plans Page S
unless written approval is given by the Planning Department.

This approval does not abridge or supersede the regulatory powers and permit requirements of any federal, state, or local agency requirements, which may retain a regulatory or advisory function as specified by statute or ordinance. Authorization by the Planning Department does not waive the requirement that the project comply with all sections of the Avalon Municipal code and all other relevant local/state/federal regulations. The applicant shall obtain and maintain permits as may be required from each agency.

The applicant is responsible for ensuring that all project workers are informed of, understand, and agree to abide by the approved plans and project conditions.

All construction on the project shall be limited to Monday through Saturday, Sam to 7pm. No construction shall occur on Sundays.

All project contractors and sub-contractors must maintain a City of Avalon business licenses in compliance with all local, state, and federal laws allowing them to work in the City.

Non-combustible roofing materials shall be used subject to approval by the Building and Fire Departments.

Approved fire walls shall be constructed as required by the adopted Building Code.

Fire Suppression system is required if the project is for:
a) New Structure; or
b) Rehabilitation) remodeling or reconstruction of twenty five percent (25%) or more of the gross square footage of an existing commercial or multiple unit residential buildingor structure; or c) Rehabilitation, remodeling or reconstruction of fifty percent (50%) or more of the gross square footage of a single unit residential building or structure and the cost of the work is more than $10,000.00.
d) Change in the use of the building or structure. Change in use is defined as “those alterations which significantly alter the use, increase the number of dwelling units inan existing building or result in a building being held open to the public where the prior use was for private purposes only. This could include changes from principally permitted to conditionally permitted uses, but excludes the conversion of a single family residence from transient to non-transient rental or from non-transient to transient rental. The requirement shall apply to changes from commercial to residential, or residential to commercial, but would not include expansions of existing commercial uses, such as the addition of table service at an existing coffee bar or the addition of service of liquor at a restaurant.”
e) Work has been done without City permit(s) and City files do not contain information to enable us to determine extent of changes to building. In order to avoid an order to

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install a fire sprinkler system, you must provide valid documentation of the structural plan as it existed prior to the un-permitted work.

The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a healthy and thriving condition. During construction activities, the applicant shall remove daily accumulation of mud and dirt from any roads adjacent to the site; any removal of vegetation or construction materials shall be lawfully disposed of.

Non-potable water must be used for dust control during construction.

The entire sanitation system shall be connected to the City salt water system.The design and construction of all sewers shall be approved by the Department of Public Works, including the design and construction of sewer connections and laterals.

Structural drainage shall be provided by use of roof gutters and downspouts which allow for proper drainage away from the foundation of any structure and which do not cause any pooling of standing water.All plans and specifications must be approved by the City of Avalon Building Department priorto construction beginning.

City staff shall review and approve location, size and noise output of any mechanical devices.

Any changes mandated by the City of Avalon Building Department that would require anamended site plan must be reviewed and approved by the Planning Commission before anyconstruction takes place.

Owner/Applicant must offer to dedicate to the City the following easements measuring at least 10 feet in width, if applicable:
• Public utilities easement
• Water line easement• Sewer facilities easement
• Landscape easement
• Storm drain easement
Any existing public improvements which are damaged as a result of construction regarding the project shall be repaired or replaced to the satisfaction of City staff at the Owner/Applicant’s sole cost before a certificate of occupancy can be issued.

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actions in any proceeding brought in any State or Federal court challenging the City’s actions with respect to the project. Owner/Applicant understands and acknowledges that the City is under no obligation to defend any legal actions challenging the project.

Any preexisting Municipal Code violations at the property may be required, in City’s sole discretion, to be resolved prior to issuance of a certificate of occupancy, even if such Code violations are unrelated to the project.

Project must comply with all mitigation measures noted in any related environmental assessments performed in connection with this project, prior to receiving a certificate ofoccupancy.

All conditions of approval must be completed to the satisfaction of the City Planning Department prior to occupancy of the project.

Project applicant must pay the City all statutory fees under the City’s fee ordinance, unless otherwise waived by the Director.

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--- CITY OF AVALON CITY COUNCIL
MEETING DATE: April 4. 2022 ADENDA ITEM: _______ ORIGINATING DEP: Planning CITY MANAGER: _______ PREPARED BY: Susanna Gutierrez, Assistant Planner SUBJECT: Approval of Encroachment Permit for frontage improvements at 215 Beacon Street
RECOMMENDED ACTION(S): Approve encroachment permit for frontage improvements at 215 Beacon and authorize City Staff to negotiate with the property owners to determine the amounts of the required bond and liability insurance.

REPORT SUMMARY: The applicant, owner Olov Nasiel, in conjunction with neighboring property owner at 209 Beacon, is requesting approval of a Site Plan (companion application) to allow the remodel of an existing portion of publicly owned property fronting 215 Beacon Street in the High Density Residential zone. The scope of work includes alterations to accessory/landscaping structures currently located within the City right of way, which will also require approval of an Encroachment from City Council. The project is in the Coastal Zone andis exempt from a Coastal Development Permit (“CDP”) according to Municipal Code section 9-8.102(b)(2), as well as outside of the 300’ appealable zone. The project is Categorically Exempt under Section 15301 of the State CEQA Guidelines — Existing Facilities.Planning Commission Review — Site Plan Approval:

The project also requires site plan approval as the necessity of an Encroachment permit disqualifies it as a ‘minor renovation” as defined in the municipal code. The item was brought before the City of Avalon Planning Commission at a regularly scheduled meeting on March 16, 2022 (PC #2786), approved, and found exempt from CEQA as well as a CDP.

Encroachment:

All major encroachments, including any encroachments for “permanent structures above, on or beneath the surface” require approval by the City Council (AMC § 4-9.105(a)). Upon staffdiscussion, it was determined that the property owner must first receive approval of the site plan, following with an encroachment permit, as the proposal involves work completely within a portion of the publicly owned street Beacon. Once approved by the Planning Commission, the Council would be able to make the necessary findings in AMC Section 4-9.106 to authorize the proposed improvements involved in the site plan review.
• Historical Records of Encroachments
Staff recently conducted a full review of the City’s records regarding the historical decisionsand status of encroachments in the area (indicated in Figure 1 below) Of note, many of thepermits previously approved and issued have since expired and, in many cases, no records exists requiring adding the City as an additional insured to the property owner’s insurance policy.
7480-O27-OO4
7480-028-0287480-028-0287480-028-029
Request PC Hearing
ae&dencroathrne,4 3/16/22
make frontageimprovements I?Leeching drains (below 9/17/1981 grade) and clean outs
(drainage structure)
amended encroachment to
make improvements torearretainingwallUtilize one-half or 7.5 feet of the drainage easement
(Letter dated 05/27/2012by CM Steve Hoefs - no
other documentationexists)
Existing house outside 8/16/2005property line at Bonita WayEasement 7480-028-022 Creation of a parking space
to an existing residence
(front of house) and
replace existing retaining
walls
7480-028-022 Walkway improvement and
replace existing roof
7480-028-022 Add a sundeck to west,
extend existing balcony to
the north
7480-028-023 Construct a 32’xS’ second
story deck that extendsover City alleyway by ionone end and 316!l on theopposite end. Thestructure will be 16’ aboveground level. 7480-028-024 Enlarge an existing porch 6/3/1998
by 64 sq. ft.
rovedb
Approved Agreement recordedApproved S-year term (now
expired) and $500000
security bond
Encroachment limited to
wooden garden beds or
landscaping. Nopermanent (concrete orcinderblock) structureare allowed. In exchange, property
owner is responsible for
trimming of foliage and
keeping drainagechannel clear of debris
within encroachment
areaNo forma’encroachment permit
Add City to
Homeowner’s insurancePermit expired after 10
years (2015)
N/AN/A
Staff recommended
denial of anencroachment permit in
to the spur off of BonitaWay due to congestion
concernsCity Council approvedencroachment withcondition that no portion of the deck
foundation is placed onthe City alleyway (as
recommended by thePlanning Commission)N/A
Figure 1. (Listed by order of address)
Address APN
1 201 E Whittley Ave.

Conditions/NotesStandard COA
12/21/1993
6/27/2012
2 344 Whittley Ave.3 344 Whittley Ave.
352 Whittley Ave.
4 361 E Whittley Ave.
5 365 E Whittley Ave.6 365 E Whittley Ave.
7 365 E Whittley Ave.8 371 E Whittley Ave.
9 373 E Whittley Ave.
7480-028-018
ApprovedApproved withconditions
Recommend
approval whenforwarded tothe City Councilon 8/26/86Approved Denied
Approved with
conditionsAdministrativelyapproved
7/31/1986
10/14/1976
5/29/1980
12/17/1985
2 10 373 E Whittley Ave. 7480-023-024 Utilize one-half or 7.5 feet 6/27/2012 Approved Encroachment limited to of the drainage easement wooden garden beds or
(Letter dated 06/27/2012 landscaping. Noby CM Steve Hoefs - no permanent (concrete orother documentation cinderblock) structure exists) are allowed. In
exchange, property
owner is responsible fortrimming of foliage and
keeping drainage - channel clear of debris
within encroachment - area
No formal
encroachment permit
11 381 E Whittley Ave. 7480-028-046 Add deck between existing 5/6/1991 Administrativ&y N/A 4 dwelling structure and approved existing concrete block wall 12 385 E Whittley Ave. 7480-028-046 Add 133 sq. ft. wooden 12/8/1999 Denied N/A deck for storage, gardeningtools, and outdoor items toan existing single familyresidence Encroachment request for7 feet into 15 foot CityEasement. The existingstructure has a previouslyapproved 50 ft. wide deck that encroaches into theCity easement by 5 ft.
13 385 E Whittley Ave. 7480-028-046 Variance for a balcony on 5/31/1979 Denied N/A the rear of the building
14 385 £ Whittley Ave. 7480-028-046 Variance and 8/25/1983 Denied N/A encroachment permit for a
balcony extending S feet
from the rear of thestructure into the public
right of way’s airspace
15 385 E Whittley Ave. 7480-028-046 Appeal of 8/25/83 PC 9/20/1983 Approved with a) If at any time in the denial of request to build a conditions future a Jacuzzi is built 5-foot balcony over City on the property, the
alley easement variance or easement
will be cancelled
immediately
b) Construction not be
• allowed to start until - January 1,1984
Recommendations:

Given the historical precedent by previous governing boards to approve the majority of encroachment applications. City Staff recommends Council approve the encroachment permit and authorize City Staff to negotiate with the property owners to determine the amounts of therequired bond and liability insurance for reasons aforementioned earlier in the report, and keep appropriate records of said issuance.
3 Pursuant to AMC § 4-9106, the findings necessary for the City Council to approve the encroachment permits for the 2015 and 2018 applications are listed below:
a. The encroachment use is necessaty or desirable;
The proposed project complies with all the development standards for the High Density Residential zone and provides additional off-street parking open to the general public. A variance is not required for the scope of work as none of the planned improvements contribute to any nonconformance within the front property setback, and staff hasconfirmed that the entire project is fully within the public Right of Way, necessitating aCity Council-approved encroachment permit. The design upgrades are calculated by a licensed Civil Engineer and are intended to have a minimal visual impact on the existingarea, utilizing like4or-like replacement where possible while also stabilizing andreinforcing the hillside. b. The encroachment use does not create a substantial adverse impact on persons or property;
The project involves an existing duplex in the High Density Residential zone and a portion of an undeveloped public street. The proposed changes will mitigate public safety risks by removing and replacing (much in-kind) the existing informal improvements that exist within the City right of way, which is essential in preserving the accessibility of the heavily sloped area. The scope of work does not include the addition of any traffic lanes and will provide for safer, continuous vehicle access as well as off street public parking,universally benefitting property owners along Beacon. c. The encroachment use does not adversely affect the public health, welfare and safety:

The required bond/liability insurance where none previously existing will mitigate the potential adverse effects of the property’s historical use of this space. As discussed, theproposed changes will promote public health and safety by removing and replacing the existing deteriorated improve access to motorists on Beacon, while also benefitting pedestrians that utilize the Burma Trail. This agreement would formalize the respectiveproperty owners’ maintenance/use of this area, which was never previously established and done at the discretion of the residence. Off street parking will also be incorporated.

Below are the proposed terms and conditions for the encroachment permit. Staff is recommending a term of five (5) years, at which time the permit may be renewed upon requestby the permittee to the City Manager and verification of compliance with the following conditionsof approval:

1. Permitte agrees to surrender said permit and to remove any structure constructed within the encroachment area upon thirty (30) days’ written notice by the City of Avalon.

Permittee acknowledges that this permit is revocable in the sole discretion of the City of Avalon.
4 2. Permittee agrees to hold the City harmless and indemnify the City from all damages, claims, actions and proceedings arising from or related to the encroachment area andany improvement constructed pursuant to the grant of this permit, and to bear all judgements, costs, including attorney’s fees relating thereto.

3. Permittee agrees to procure at his own cost and to maintain in force throughout the term of the permit, a ________Dollar security bond guaranteeing Permittee’s obligation toremove the encroachments as provided herein, and General Liability insurance coverage in the amount of ____________Dollars insuring against the matters set forth in Paragraph 2 above and naming the City as an additional insured.

4. No improvements other than those approved by the Avalon City Council shall be constructed on the encroachment area. The improvements shall be constructed of materials identical, to the extent reasonably possible, to those used in the Burma Trail, including but not limited to, railings and base materials.

5. No furniture, plants, trash cans, storage or any other structure other than an access walk way or parking pad shall be placed or allowed to be placed by Permittee within the encroachment area.

6. Permittee shall complete all improvements for the access way on or before April 4th, 2023.

7. Applicant shall execute a recordable covenant running with the land, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City from all claims in the event that the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment is located; and (b) indemnifies, defends and holds the City harmless from all liability and damages and from costs of suit, including attorney fees, arising from the encroachment or the permit. (AMC § 4-9.107). Applicant shall record the covenant with the County Recorder once the document is fully executed.

8. Unless waived by the City Manager, applicant shall post and maintain for the term of the permit, a security bond in the amount of $ or cash equivalent.

9. Unless waived by the City Manager, applicant shall provide the City with a copy of liability insurance (combined single limit for bodily injury and/or property damage) in the amount of$__________________________ listing the City as additional insured, and shall maintainsaid insurance for the term of the permit. 1 0.Applicant shall construct and maintain all encroachment structures in accordance with the plans and specifications submitted to the City with this application and to the satisfaction of the Public Works Director and shall maintain and keep all encroachments in clean andsafe condition for the term of the permit.

11. Encroachment structures shall be removed by the expiration of the permit term (after five years) or within 30 days of written notice of revocation of the permit by the City to applicant. Applicant may apply for subsequent permit extensions, unless the permit is D
terminated. If applicant fails to timely remove the encroachment or fails to comply with the terms of the encroachment permit, the City may remove or cause the removal of theencroachment and applicant shall be liable for all costs incurred by the City for suchaction. (AMC §4-9.110).

12. This approval does not grant exclusive use of the publicly owned portion of Beacon Street involved; the proposed improvements (including parking spaces), which are to be located completely within the City Right of Way, shall not interfere with the public’s use.

13. The applicant agrees to install proper signage indicating the public designation of parking as approved by the City Traffic Engineer or his designee.

GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None identified.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The applicant would not be able to upgrade the structures/landscaping within the City easement.FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.ATTACHMENT:

1. Resolution

2. PC Staff Report
6 RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON APPROVING AN

ENCROACHMENT PERMIT TO ALLOW FRONTAGE IMPROVEMENTS WITHIN THE PUBLIC RIGHT-OF-WAY AT 215 BEACON STREET; APN 7480-030-005 WHEREAS, Section 4-9.105 of the City of Avalon Municipal Code (“AMC”) requires the City Council to approve all encroachment permit applications in which the proposedencroachment involves a permanent structure above, on or beneath the surface, wouldsubstantially interfere with the public use of the streets, or does not qualify as a minor encroachment; and
WHEREAS, the Applicant, Olov Nasiel, submitted an encroachment application for frontage improvements at the property at 215 Beacon in accordance with AMC Section 4-9.103; and
WHEREAS, the proposed encroachment scope of work requirements includes approval of a Site Plan from the Planning Commission; and
WHEREAS, the Planning Commission approved the Site Plan at a regularly scheduled meeting on March 16, 2022; and
WHEREAS, the project is in the Coastal Zone and is exempt from a Coastal Development Permit according to Municipal Code section 9-8.102(b)(2); and WHEREAS, the project is Categorically Exempt under Section 15301 of the State CEQA Guidelines — Existing Facilities; and
WHEREAS, the City Council may approve the encroachment permit if it finds that the encroachment is necessary or desirable, that the encroachment does not create substantially adverse impact on persons or property; and that the encroachments do not adversely affect the public health, welfare and/or safety; and
WHEREAS, any encroachment permit issued is subject to certain conditions imposed by the City Council; and
WHEREAS, such conditions include obtaining approval of all construction plans and completely restoring City property; and
WHEREAS, all encroachment permits may be revoked, with or without cause, by the City with 30 days notice.

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY FIND AS FOLLOWS:
7 Section 1. No adverse effects will result to persons or property as a result of the encroachment being granted.

Section 2. The encroachment does not adversely affect the public health, welfare, and/or safety in any way.

Section 3. The conditions established by the City (Exhibit A) are reasonably related to the impacts created by the encroachment and are necessary to protect the public’shealth, safety and welfare.

Section 4. As a result of the above findings, the City Council hereby granted the applied for encroachment permit to 215 Beacon pursuant to all conditions specified orally or in writing in this Resolution.

Section 5. The following items must be submitted and approved by the City’s Planning and Public Works Departments prior to the issuance of the Encroachment Permit:
a. Approved site plan from the Planning Commission;b. Traffic control plans for the affected streets;c. Dewatering plan in which all water is filtered before entering the sewage system;
d. Excavation/Shoring Plan;
e. Storm water runoff devices to be used;f. Backfill materials to be used; g. Grading plans, if applicable;
h. Supports of relocations;
i. Security bond in an amount to be determined by the Planning Department; and j. A copy of liability insurance listing the City as additionally insured in an amount to be determined by the Planning Department.
k. Signage Plan
Section 4. Any portions of public property disturbed by the improvement will be promptly restored to as good a condition or better as existed prior to the installation.

Specifically;
a. Asphalt areas must be repaved completely;
b. Any traffic markings will be repainted;
c. Sidewalks, planters, and all other improvements must be replaced to the nearest construction joint;
d. All debris must be hauled away; site must be completely clean.

Section 5. The City may revoke this permit with our without cause by providing 30 days’ notice.

Section 6. The encroachment use is necessary or desirable. 8 PASSED, APPROVED AND ADOPTED on this day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:ABSTAIN:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, Deputy City Clerk/Senior Administrative Assistant 9 Exhibit A; Conditions of Approval

1. Permitte agrees to surrender said permit and to remove any structure constructed within the encroachment area upon thirty (30) days’ written notice by the City of Avalon. Permittee acknowledges that this permit is revocable in the sole discretion of the City of Avalon.

2. Permittee agrees to hold the City harmless and indemnify the City from all damages, claims, actions and proceedings arising from or related to the encroachment area and any improvement constructed pursuant to the grant of this permit, and to bear all judgements, costs, including attorney’s fees relating thereto.

3. Permittee agrees to procure at his own cost and to maintain in force throughout the term of the permit, a ________Dollar security bond guaranteeing Permittee’s obligation to remove the encroachments as provided herein, and General Liability insurance coverage in the amount of ___________Dollars insuring against the matters set forth in Paragraph 2 above and naming the City as an additional insured.

5. No furniture, plants, trash cans, storage or any other structure other than an access walk way or parking pad shall be placed or allowed to be placed by Permittee within the encroachmentarea.

6. Permittee shall complete all improvements for the access way on or before April 4th, 2023.7. Applicant shall execute a recordable covenant running with the land, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City from all claims in the event that the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment is located; and (b) indemnifies, defends and holds the City harmless from all liability and damages and from costs of suit, including attorney fees, arising from the encroachment or the permit. (AMC § 4-9.107). Applicant shall record the covenant with the County Recorder once the document is fully executed.

8. Unless waived by the City Manager, applicant shall post and maintain for the term of the permit, a security bond in the amount of $ or cash equivalent

10.Applicant shall construct and maintain all encroachment structures in accordance with the plans and specifications submitted to the City with this application and to the satisfaction of the Public Works Director and shall maintain and keep all encroachments in clean and safe 10 condition for the term of the permit.

11. Encroachment structures shall be removed by the expiration of the permit term (after five years) or within 30 days of written notice of revocation of the permit by the City to applicant.Applicant may apply for subsequent permit extensions, unless the permit is terminated. If applicant fails to timely remove the encroachment or fails to comply with the terms of the encroachment permit, the City may remove or cause the removal of the encroachment andapplicant shall be liable for all costs incurred by the City for such action. (AMC § 4-9.110).

12.This approval does not grant exclusive use of the publicly owned portion of Beacon Street involved; the proposed improvements (including parking spaces), which are to be located completely within the City Right of Way, should not interfere with the public’s use.

13.The applicant agrees to install proper signage indicating the public designation of parking as approved by the City Traffic Engineer or his designee.
11 AVALON PLANNING COMMISSION
STAFF REPORT — PC# 2786
Wednesday, March 16, 2022
Item No. 1 — General Business
Application File: Site Plan
Submitted by: Susanna Gtitierrez, Assistant Planner
Project Title: Request for approval of a Site Plan (Section 9-8.20 I et seq. of the Avalon Municipal Code (“AMC1) for frontage improvements associated with an existing multi—family dwelling, categorically exempt from environmental review tinder Section 15301 of the State CEQA Guidelines — Existing Facilities.

Owner/Applicant:Companion Application:

Filing Dale:

Localion of Project:

APN:PC #:

Olov Nasiel
Encroachment Permit (City Council)
02/23/2022215 Beacon Street
7480-030-005
2786
Zone: High Density Residential

BACKGROUND
Project Description:Request of Site Plan approval to allow the proposed improvements, which involve landscaping. retaining walls, and the installation of off-street parking on a portion of City right of way adjacent to a property located at 215 Beacon Stieet. subject to Planning Commission reviex andCity Council approval in the High Density Residential zone. The project is in the Coastal Zoneand staff is recommending the Commission find the action exempt from a Coastal Development Permit according to Municipal Code section 9-8.1 02(b)(2). The project is Categorically Exempt under Section 15301 of the State CEQA Guidelines — Existing Eacilitics. involving existing hihways and streets. sidealks and similar facilities pursuant to subdivision (c).

The project site involves a portion of the City right of way. including what is commonly referred to as “the Burma trail” adjacent to a privatel o\\ned. regularly shapcd parcel located at 215 Beacon Street. The street. which is technically 60 feet wide, was never fully completed in order to connect to East Whittley. Instead the road starts to curve approximately 200 feet front its intersection with Metropole Avenue. eventually feeding into Calle de Sol. This leaves approximately 100 additional feet of City right of\\ay unimproved and inaccessible to vehiculartraffic along Beacon from its intersection with Calle de Sol to East Whittley, much of which has been informally maintained by adjacent property owners.

The applicant, owner Olov Nasiel (assisted
by Licensed Civil Engineer Tim Canby) isrequesting the approval of a Site Plan forthe following scope of work from the application materials (Attachment 2):

These plan.c are to shoii the plOposeci /oi
/ou’ei’ bin ‘iiia tiati tedetzing/or a ittoette access
and 0/f—street parkng located at riti’ proper/v
on beacon street ciiid caile de sol. this portion
o/bec,cott sit-eel is kiionn as burma trail. - The
purpose of these iintroi’en/eiits 5 to prove/c
sufficient i’uIt/i ciuicl capaciti to acconuiuiodatea “iutoene” .cize vehicle to better serve the tn’o loiter residences that current/i’ to miot have
street access Jör vehicles. The Jll’OJ)OseLi
project will al/au mtoette / golt cart access to i/nt/tip/c propel-ties while i/nproiiig paiking conc/itlo/us cf/cl eniergenct response for Beacon Street. J1ooden re/culling ito//s with pipes are seen in the /21/0/0. Thesehate /cut/ed. Thus, it is /iccessarl to reunecliate tin.’ colIc/it/on to pre”ent erosIon and control i’ai,i ruiiof/.

Piopo. ccl retaining it’d//s to reta ii the soil, pius provide a suitable plw/omnu fbr paiking ore shown 0/i the p/a/u overlaid on the topo All tiork in this a/ca appea’s to he on the (itt - s/icc! ( iuu/ino c/el Sol. The existing pathii’at’ iiill he widened to make a 6—/bat—n-ic/c clear path of travel/br vehicles. The street sidenail and railing ti-ill be protected and not disttu,ied. The e.visting af/cted ti’alktt’av 11-ill he take/i up and preserved The giade it-ill he evened, and curb added nhere needed. The uphill side will he nideneci, cund a n-all he ,‘eht,ilt n-i/h sat/ic rock/born ti-all i’etuioved i,ufor n-idening. TI/c roadn’av n-ill match the vx-istin grctdes. There it-ill he no exclusive pa/king hj the On-tiers on (‘itt Property except n-here ai encroach/ne/li pc/mit al/otis.

GENERAL PLAN, LAND USE, AND ZONING COMPLIANCE
Annual Growth Policy:

Staff recommends that the Planning Commission make the finding as required by the 2022 Growth Policy that the proposed frontage improvements will not have any growth indLicing effectand does not create the need for additional employees, thus the project is allowed by the 2022 Growth Policy. As residential use intensity is measured by dwelling units/acre, and the existing density is not changing. there should be no change in intensity. The growth policy provides that new development will only be pemiittcd for the following classes of projects and almost all require confirmation flom Southern California Edison Company (“SCE”) that adequate fresh ater is available:

The repair, in-kind replacement, remodeling or enlargement of existing commercial and residential structures. subject to specified conditions:

Site Plan:The project requires site plan approval as the companion Encroachment permit application to be considered by the City Council disqualifies it as a “minor renovation” as defined in the municipalcode, necessitating Planning Commission review (no public hearing required). AMC Section 9-

8.203 requircs that the Site Plan he approved based upon the following factors and principles. lhese factors and corresponding explanations are below:
(a) Ever, use, development of taut! and application of development standarik shall take place in compliance with all applicable provisions of fins title. The proposed project complies with all the development standards for the High Density Residential zone and provides additional oil-street parking open to the general public. A variancc is notrequired for the scope of work as none of the planned improvements contribute to any nonconformance within the front property setback. and staff has confirmed that the entireproject is fully v ithin the public Right of Wax. necessitating a City Council-approved encroachment permit.The design upgrades are calculated by a licensed Civil Engineer and are intended to have a minimal visual impact on the existing area, utilizing like—for—like replacement x\here possible \hile also stabilizing and reinforcing the hillside. (h) Even’ use, development of land and application of development standards sh all he considered on the basis 0/the suitabilits’ o[the sitefin the particular use or developmentin—tended, and the total development, including lb e application of prescribed development staiic!ardc, shall be so arranged as to avoid traffic congestion, insure the protection of public health, safe/v and general welfare, prevent adverse effects on neighboring proper/v and shall he in general accord with all elements of the General Plait. The project involves an existing duplex in the High Density Residential zone and a portion ofan undeveloped public street. The proposed changes will mitigate public safety risks by removing and replacing (much in—kind) the existing informal improvements thatexist within the City right ofwav. which is essential in preserving the accessibility of the heavily sloped area. The scope of work does not include the addition of any traffic lanes and will provide for safer, continuous vehicle access as well as off street public parking.universally henefitting property owners along Beacon. (c) Even’ use, development of lain!, application of development standards shall be cotisidered on the basis of suitable and functional development design, but Lc notintended that such approval he interpreted to require a particular stile or ti’pe of architecture. Application materials indicate that the proposed improvements are consistent ith the existing character of this area, and will be reutilizing any originalmaterial to be removed during the stabilization/widening of the Burma Trail.

Encroachment Permit:

The City Council is tentatively scheduled to review the Encroachment Permit at a regularly scheduled meeting on April 5. 2022. The decision of the City Council will determine whether the proposed encroachment will be authorized, dependent on the Commission’s site plan approval of the work being done within the right of way as described in this report. To clarify, City precedent does not typically allow for the exclusive use of parking spaces constructed within theright of way with the issuance of an Encroachment permit. to be determined by Council.

ENVIRONMENTAL DETERMINATION
CEQA:The proposed proJect is Categorically Exempt tinder Section 15301 — Existing Facilities:
(c) Existing highxays and streets, sidewalks, gutters. bicycle and pcdestrian trails. and similar facilities ((Ms incttides road grading for the purpose of public safety, and other alterations stich as the addition of bicycle facilities, including but not limited to bicycle parking. bicycle—share facilities and bicycle lanes. transit improvements such as bus lanes, pedestrian crossings, street trees, and other similar alterations that do not create additional automobile lanes).

Coastal Development:All projects within the City of Avalon are located in the Coastal Zone. Under AMC 9-8.103(h). the PlanningCommission must dctcrmine whether the project iswithin the 300 root appealable seaward area boundary, Based on the appealable area map excerpt included, it is staff s recommendation that the Planning (‘omin i ssi on make the finding that the project is not within the 300foot appealable zone. Additionally staff believes the project to be exempt from a Coastal DevelopmentPermit according to Municipal Code section 9-

8.1 02(b)(2). as an “improvement to an existing structure other than a single-family dwelling or public orks
facility” that does not fall into the six subcategories of “involving a risk of adverse environment effect,”
codified below:
‘Application. In addition to any other permits or approvals reqLlired h the City, a coastal development permit shall be required prior to commencement of any development in the Cit. except:
h) Developments determined to be excluded from the coastal permit requirements as established in Division 20. § 30610 of the Public Resources Code, as set forth below:

2. Improvements to existing structures other than single—family dwellings or public oi’ks facilities except those types of improvements which involve a risk ofadverse environmental effect or adversely affect public access, defined to be:
i. Improvements to any structure on a beach. stream or seaward of the mean high tide line.
ii. Any significant alteration of land forms, including removal or placement of vegetation, on a beach or within 100 feet of the edge ofa coastal bluffor stream; iii. The expansion or construcfion of water wells or septic systems; iv. On property located between thc sea and the first public road paralleling the sea or ithin 30 feet of the inland extent of any beach or of’ the mean high tide of the sea here there is no beach. xhichever is the greatest distance, improvement that would result in... [not relevant] v Any improvement to a structure which changes the intensity of use of the structure:
vi. An improvement made pLirsuant to a conversion of an existing structure from a multiple unit rental use or visitor—serving commercial use to a use involvinga fee ownership or long—term leasehold inclLiding. but not limited to. a condominium conversion, stock cooperative conversion, ormotel/hotel time sharing conversion.”

RECOMMENDATIONS
Staff recommends the Planning Commission adopt Resolution No. 22-06 (Attachment I). which vi II:

I. Find the project exempt from environmental review in accordance with the California Environmental Quality Act (“CEQA”) Section 15301 — Existing Facilities(c).

2. That the Planning Commission adopts the findings to support exemption from a Coastal Development Permit including the finding that the project location is not within the 300 foot appealable zone and does not require a Coastal Development Permit.

3. Approve the proposed site plan x ith all applicable entitlements incorporated.

4. The application is allowed under the 2022 Growth Policy.

ATTACHMENTS:

I. PC Resolution 22-06
2 Application Materials
Attachment 1: PC Resolution 22-06
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NOTES:

THE LOCATION OF THE 209 rack wall will be moved back enough to pork an autoelte parallel to existing walkway, but no further than the 2nd pier plank ravel. The pine tree & big St Catherine’ s Lace not to be disturbed. Space creoted will allow vehicle back up room to bock into 215 front area next to picket fence Ia facilitate making turn to drive back down. The encroachment in front ot 215 property will be split level, and probably pravida room for 3 autoettes an that level. The photo on this sheets provides guidance to this description.

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RANGY ORANNOCK

MARY STEIN &

SUE RIKALO

RESIDENCE
PROPOSED PLAN ScALE: 1’!
RANDY eRANNOCK

MARY STEIN &

SUE RIKALO

RESIDENCE
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LOWER BURMA TRAL WIDEN1NC FOR AUTOET,T ACCESS AND OFT—STREET PARKING OLAF. S ABE —o S0w T —1, epoec000 roe .,zwre e-IBlbt 7eA1— Yet 15150 rca. ns,ccre:r xsccr 1’. /. ‘,l• C—STAFF - xnOsc _OCArrt e tile 0100cr— ON ecocorl otsec- So cecir tr ow,. TIC “-:T-cs or nr*ccs, n-Fcc- — faceil eF P,,et’Ote S _FSc acf:eysF-.:t IS 01CC SF Sal rich? w.C sit c&l’iT 1 ‘2 AcccAvo’r..r.’TJrcI’lr st:y n’-ec F ID derrO 510cr ref —wo Were rerecesor’ cbabEsl7,,nTo .sc’ -50cr TWIT wcccs; rIle CISC_cs. o rerscce*ooscs s-Irs—er cola’,: so-”rs D_rw,AeoWaecclCusrE—_Lor s°hcvrsic5:c ngp Ic? 5’’?, 5 PFSCT.T :5.4
I. tddotrvsrd’ descsnS’.’ne:’tn-si-So. sncteta:renrian. DocsuT’r’is 6Oleero,debeteseer.

Metnoynle and E Wh:tlley in LU tcet wide but is nsl comp:eted between Colic 4e Sat and C Wh,itley tileety drop to Ste nleepnxss of this 9,11. Isthesys Dna stn:r’, are trurrenhly the nwrins of teen to the pro port:vs at 215 arid 209 Beacon St,eet whose occupants are Olas & Jenny Nos:ett or 215 and Randy & Most rdravrrt.cb and Sue Riliato at 209 The C:ty property teonting these residences has been remts:,,od Up cussees at thea poopet ties, lheeteo,elisno,o led poib beloees the sired these ‘nes:deniees is! tool the tnittitt,on, p0th of l’aaolin 80 feet. [trlty to lIre path will be adjacent 1° yr operty at Charles Wright. 213 ColIc d Sot and deni coed oat toencrooc h onto Mr. Wright, tueoperty. 2. P,c.pc.sol: Widnn and extend a oarreet pethcoy lo ps’oetdc oxhicle access cod ceooln poshing oreas tar the Iwo resid ences close to or an the,, properties. The Charles Wright residence on Colic de Sot 5 odiacent to a portion of the existing pathway that wilt he widened and ottectod by this Prniect.

It appears there is no et,croochment into the Wrigh I residence property oohich wilt be contirtnntl betare start al woeS.

3. The awners of these residence desire easter access to their properties to allow them tacontinrso enjoy living in this area as they age. lmpraeed accessibility wilt make the area saver tsr easier 00cc,, tar emergency related Lv health eeoponse and tire prolectiati.

4. rIte praposed project will allow oaloetie / golt cart access Ix multiple peopenties while :mcraoinn pciek:nyoienditionsantieeoergescyresponsetoeoeaconStreot. Anautaeltecasrneosoee,lia,sore than 0 —0’ in length (tTcluding the bumpers), 4’ —1’ rI width, and weigh no mare thor IPSo lbs.

S. 2t5 Beacon rant: rho eoisting slope is 2:twhereosanacceplobte slope is 4:T as con be seen an the opt at the existing lerraiT, Woodsy retaining walls with pipes aro sees in thy phots. These hone totted. rhoa, it is necessary to remedixie this oond,t,on to prevent erosion and conIcal rater rvnott. Propc,edrtaintng walls to cclxix the scil. plai precise a suttabte plattorm icr parSing ore shown an the plon serlaid on the lope.

6. oo9deacenlrant Apar’hingareowitlbe tee’medirttrontettheresidencnforpartetr,5and 7 000ubeiu_.,srone.n,r.eo,_toy,ceon oCtox & Jenoe’.:n.’l’

8. ,o,&u’oeltees’rp tothepofr’/ecodtseeo’s’r”otwosleos tai:ise”elmooed’oethepc’”oar’sbe ee’ewaed alsiso Erie eye Sot. “is saoeo seer_Ices a s;’rn n-rca yenpee’eee Se ‘p:-’roeeii c-sri eijer,”c rI ‘he pal—. Alt *0,1,’ 5 dvsign-ed to be’w,’h,n -ic sreee’ bourcary. cq,rn’cfre so” will St tccropeelya’C—o-:es#e-gh’,St3Coeae

9. cc ecee in ‘r. sores aecrs 10 cc on Ise City steec’ Camilla eel Sot, IC, Oevjt. I leucl’3-, ahcn;e eT— entry ; Ih c-cc! 15.SC’ I Is he’o’pc toe p.b.s so’s (94.00 is 2 C II cpceoa mareip. I be coerog e grade oser ‘he te—g’h is rpproa nose7 24Td 9-ore. on acceptable gnooe to use tar vehicle Iracol.
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‘2, Plons&coler,ationswi he;’epc-’nai- acca,dcncee/;’cnaescndsjes cnassb—”ea’o’he Cl1 Lv’ eeoc,,. plcresenk cod pmi”isg.
13 theen’s’.—p;cI—erau-wI seaidenec ‘ce,abraG—aol —widecleT poo1 lease.

Id. The Street sloe 00. 0! ectlipg w’ a,pna’eclev Coo c’ ddls.aec. Cpee-,gaorc eon at. Se cs-,nI-ae’ec’sno’anp.ywtlhCot/’3S114 ‘ti’leder’,. 0-ices B32291or5’an-ca,-dt.scn:r-a’s, lb. heevist.ngot’eelec eoIkw’yeoill Sc taoc—spcrvorenree,J Ir gesuc w1l acsue”td, s,.’-Coaoeae”.e’e”eeded
1 The uphill side soul Oh widened, soda wall be eebu,lI with some rock ‘nm woe epmoned ,n Inc neidesuog

17. T keep adauoy end supporting strucisre will be designed for sri aaimum Isods eons an Autoelte 1g. The roadneoy will match the noist,sa reades. ti. ‘the prisons hoe areas on bath pricate and coablsc property.

20. The parbing area ond turnaround areas ore shown an the elans. There wil1 paelu:ngbythnOsnnern onCityProperty except where on ancroachmenl permit allows. 2r Oesel-s will oblotnencroochmcntpermils as necos carp torperlorvsingtncprspascdmaebadjnevnl to 7Db and 215 Deacon Street.

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EXISTING TOPOGRAPHY
WflH PROPOSED RETAINING
WAIl Al 215 DEACON STRELT
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PC #2786
Attachment 1: Resolution No. 22-06

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF AVALON,

CALIFORNIA, GRANTING AND APPROVING A SITE PLAN FOR FRONTAGE IMPROVEMENTS WITHIN THE CITY RIGHT OF WAY, AT 215 BEACON STREET; APN 7480 030-005
WHEREAS, OIov Nasiek. (“Applicant”) filed an application (“Application”) for the approval of a Site Plan and companion Encroachment application for frontage improvements associated with an existing multi-family dwelling located at (“Site”); 215 Beacon Street, Avalon, California, further described as assessor’s parcel number 7480-030-005, in the High Density Residential Zone; and
WHEREAS, This application (Site Plan and Encroachment) for the authorization of frontage improvements within the City Right of Way was executed in accordance with Avalon Municipal Code (“AMC”) Section 4-9.103, 9-8.202; and
WHEREAS, on March 16, 2022 the Planning Commission of the City of Avalon (“Planning Commission”) considered this item at a regularly scheduled meeting where the Application was comprehensively reviewed; and
WHEREAS, pursuant to Title 14, California Code of Regulations, section 15367, the City of Avalon is the lead agency for purposes of the Project; and WHEREAS, the proposed improvements will not have any growth inducing effect and does not create the need for additional employees, thus the project is allowed by the 2022 Growth Policy; and
WHEREAS, 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 that the Project is categorically exempt under the following provisions:

Section 15301(e) of the State CEQA Guidelines — Existing Facilities. (e) Additions to existing structures provided that the addition will not result in an increase of more than 50 percent of the floor area of the structures before the addition or 2500 square feet, which ever is less; and
WHEREAS, the project is located in the Coastal Zone, but outside of the 300 feet appealable seaward area boundary and is exempt from a Coastal Development Permit in accordance with Municipal Code section 9-8.102(b)(2) ; and

Page 1 ends

WHEREAS, all other legal prerequisites for the consideration of the Site Plan, Setback Variance, and have occurred.

NOW, THEREFORE, the Planning Commission of the City of Avalon does hereby determine and find as follows:

Section 1. All Recitals shall be incorporated into this Resolution by reference. Pursuant to Section AMC 9-8.203, and based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth below, the Planning Commission approves the Site Plan subject to the conditions set forth in the attached Exhibit “A”(a) Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. The proposed project complies with allthe development standards for the High Density Residential zone and provides additional offstreet parking open to the general public. A variance is not required for the scope of work as none of the planned improvements contribute to any nonconformance within the front property setback, and staff has confirmed that the entire project is fully within the public Right of Way, necessitating a City Council-approved encroachment permit. The design upgrades are calculatedby a licensed Civil Engineer and are intended to have a minimal visual impact on the existing area,utilizing like-for-like replacement where possible while also stabilizing and reinforcing the hillside. (b) Every use, development of land and application of development standards shall beconsidered on the basis of the suitability of the site for the particular use or development in tended, 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 be in general accord with all elements of the General Plan. The project involves an existing duplex in the High Density Residential zone and a portion of an undeveloped public street. Theproposed changes will mitigate public safety risks by removing and replacing (much in-kind) the existing informal improvements that exist within the City right of way, which is essential inpreserving the accessibility of the heavily sloped area. The scope of work does not include theaddition of any traffic lanes and will provide for safer, continuous vehicle access as well as offstreet public parking, universally benefitting property owners along Beacon. (c) Every use, development of land, application of development standards shall be consideredon 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 architecture. Application materials indicate that the proposed improvements are consistent with the existing character of this area, and will be reutilizing any original material to be removed during the stabilization/widening of the Burma Trail.

Section 2. 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 Page2
/
nature and extent of the dedications, reservations, impact fees, and other exactions set forth in Exhibit “A”, if any, are reasonably related to public needs and roughly proportional to the impacts created by this Site Plan approval.

Section 3. Pursuant to 9-8.601 of the Code, this approval shall become effective fifteen (15) days after the receipt by the Applicant of a written notice of action taken unless an appealhas been made to the City Clerk of Avalon within the said fifteen (15) days.

Section 4. The Chair of the Planning Commission shall sign this Resolution and the Secretary of the Planning Commission shall certify the adoption thereof.

PASSED, APPROVED AND ADOPTED this 16th day of March, 2022.

Chairman Eric Huart
ATTEST:

Dave Maistros, City Manager

CERTIFICATE
I, Rocio De La Cruz, hereby certify that the foregoing Resolution 22-06 was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 16th day of March, 2022, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Rocio De La Cruz, Planning Administrative Assistant

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Exhibit “A”
Conditions of Approval
215 Beacon Street
The following conditions are specific to PC Application #2786:

1. This project approval shall expire on March 16, 2025 unless a time extension is requested, approved, and filed with the Planning Department prior to expiration.

2. All access roads, yards and parking areas shall be properly maintained for life of the project.

3. The Commission may impose additional conditions as are deemed necessary at the time of discussion to protect the public health, safety and general welfare, including any pertinent factors affecting the establishment, operation or maintenance of the requested use.

Site Plan

4. Prior to this permit becoming valid, effective or operative, an Encroachment Permit must be issued by the City Council in accordance with AMC Section 4-9.105.

5. The Encroachment shall not interfere with the public’s use of Beacon Street included in the City Right of Way. This intent of this permit shall not authorize the exclusive, private use of any of the proposed improvements, including parking spaces.

The following conditions require additional action by or documentation from, the applicant before building permits can be issued:The California Department of Fish & Wildlife filing fee shall be submitted as required by California Environmental Quality Act (CEQA) statute, Section 21089(b) and Fish and Game Code Section 711.4. The fee should be paid within five (5) days of approval of the environmentalfiling at the Los Angeles County Clerk’s Office. Once fees have been paid, the applicant shall submit a copy of all documentation to the City of Avalon, verifying the fees have been paid.Said permit shall not become valid, vested or operative until the fee has been paid.

No development, including demolition/construction work, shall commence on the subjectproperty until appropriate permits have been applied for and obtained from City of Avalon Building and Safety Department.If applicable, confirmation is provided by SCE that this project will not require additional fresh water.

Projects resulting in demolition of existing structures or projects exceeding $75,000 in valuemust provide certification of the condition of the sewer lateral before building permits can beissued.

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Projects involving structures constructed before 1979 and that requires any demolition, must be assessed for the presence of asbestos, lead and other hazardous materials which shall behandled in accordance with applicable State codes, South Coast Air Quality ManagementDistrict regulations, as well as the Federal National Emissions Standard for Hazardous AirPollutants (NESHAP). Copies of inspection results and shipping manifests (when disposal isrequired) must be provided prior to issuance of a demolition permit or building (majorrenovation) permit.Projects requiring excavation and/or grading in a mapped archeologically area defined in the Cultural Resources Management Plan for the City, may be required to have a qualifiedarcheological monitor onsite during excavation and/or grading.

Projects requiring obstruction of the public right of way must obtain obstruction permits prior to or simultaneous with the issuance of a building permit.

Projects requiring excavation in the public right of way must obtain excavation permits prior to or simultaneous with the issuance of a building permit.

Projects subject to payment of Long Beach Unified School District fees must provide proof ofpayment or exemption prior to issuance of the building permit.The following conditions apply to all projects:

The project shall be under construction (defined as foundations in and framing in progress)within 36 months of this approval or all permits will be null and void.

Projects located in the floodplain as defined by the FIRM (Flood Insurance Rate Map), mustprovide a base flood elevation certificate for the new or substantially improved structureresulting from this application before a building permit can be issued.

If the City discovers that material facts were not disclosed by applicant or that facts providedby the applicant were different than represented, the City may impose additional conditions of approval to mitigate any adverse impacts. The Planning Commission may revoke or modify the use permit in the future if the Commission finds that the use to which the permit allows isdetrimental to health, safety, comfort, general welfare of the public; constitutes a publicnuisance; if the permit was obtained or is being used by fraud; and/or if one or more theconditions upon which a permit was granted are in noncompliance or have been violated.

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The project shall be developed and maintained in strict accordance with the approved plans unless written approval is given by the Planning Department.

This approval does not abridge or supersede the regulatory powers and permit requirementsof any federal, state, or local agency requirements, which may retain a regulatory or advisory function as specified by statute or ordinance. Authorization by the Planning Department does not waive the requirement that the project comply with all sections of the Avalon Municipal code and all other relevant local/state/federal regulations. The applicant shall obtain and maintain permits as may be required from each agency.

The applicant is responsible for ensuring that all project workers are informed of, understand, and agree to abide by the approved plans and project conditions.

All construction on the project shall be limited to Monday through Saturday, 8am to 7pm. Noconstruction shall occur on Sundays.

All project contractors and sub-contractors must maintain a City of Avalon business licenses in compliance with all local, state, and federal laws allowing them to work in the City.

Non-combustible roofing materials shall be used subject to approval by the Building and Fire Departments.

Approved fire walls shall be constructed as required by the adopted Building Code.

Fire Suppression system is required if the project is for:
a) New Structure; or
b) Rehabilitation, remodeling or reconstruction of twenty five percent (25%) or more of the gross square footage of an existing commercial or multiple unit residential building or structure; or
c) Rehabilitation, remodeling or reconstruction of fifty percent (50%) or more of the gross square footage of a single unit residential building or structure and the cost of the work is more than $10,000.00.
d) Change in the use of the building or structure. Change in use is defined as ‘those alterations which significantly alter the use, increase the number of dwelling units inan existing building or result in a building being held open to the public where the prior use was for private purposes only. This could include changes from principallypermitted to conditionally permitted uses, but excludes the conversion of a single family residence from transient to non-transient rental or from non-transient to transient rental. The requirement shall apply to changes from commercial to residential, or residential to commercial, but would not include expansions of existing commercial uses, such as the addition of table service at an existing coffee bar or theaddition of service of liquor at a restaurant.”

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e) Work has been done without City permit(s) and City files do not contain information to enable us to determine extent of changes to building. In order to avoid an order to install a fire sprinkler system, you must provide valid documentation of the structural plan as it existed prior to the un-permitted work.

Non-potable water must be used for dust control during construction.

The entire sanitation system shall be connected to the City salt water system.

The design and construction of all sewers shall be approved by the Department of Public Works, including the design and construction of sewer connections and laterals.

All plans and specifications must be approved by the City of Avalon Building Department prior to construction beginning.

City staff shall review and approve location, size and noise output of any mechanical devices.

Any changes mandated by the City of Avalon Building Department that would require an amended site plan must be reviewed and approved by the Planning Commission before any construction takes place.

Owner/Applicant must offer to dedicate to the City the following easements measuring at least 10 feet in width, if applicable:
• Public utilities easement
• Water line easement
• Sewer facilities easement
• Landscape easement
• Storm drain easement
Any existing public improvements which are damaged as a result of construction regarding the project shall be repaired or replaced to the satisfaction of City staff at the Owner/Applicant’s sole cost before a certificate of occupancy can be issued.

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Owner/Applicant agrees to indemnify, defend, and hold the City harmless, with counsel reasonably acceptable to the City, from costs and expenses, including attorney fees, incurredby the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceeding brought in any State or Federal court challenging the City’s actionswith respect to the project. Owner/Applicant understands and acknowledges that the City is under no obligation to defend any legal actions challenging the project.

Project must comply with all mitigation measures noted in any related environmental assessments performed in connection with this project, prior to receiving a certificate ofoccupancy.All conditions of approval must be completed to the satisfaction of the City Planning Department prior to occupancy of the project.Project applicant must pay the City all statutory fees under the City’s fee ordinance, unless otherwise waived by the Director.

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Avalon City CouncilApril 5, 2022

Avalon City Council
April 5, 2022