GROWTH POLICY
The project is allowed under the 2019 Growth Policy in the category of projects described below:
a) Projects involving existing commercial and residentia structures which are to be repaired) replaced in kind, or remodeled or enlarged provided no additional bedrooms are added ordwelling units are added to existing residential structures other than density bonus units permitted by conditional use permit and the Southern California Edison Company confirms in writing that water isavailable to serve the project if approved by the City.
The project is not adding any bedrooms and SCE has confirmed in the previous application from 2028 that no additional water allocation is required.CEQA REVIEW The project is Categorically Exempt under Section 15301(a) and (e)(1) of the State CEQA Guidelines — Existing Facilities.
“Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, orminor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency’s determination. The types of “existing facilities” itemized below arenot intended to be all-inclusive of the types of projects which might fall within Class 1, The key consideration is whether the project involves negligible or no expansion of an existinguse. Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.”
“(e) Additions to existing structures provided that the addition wiN not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500square feet, whichever is less” The total approved building square footage is 2950 sq. ft. This application proposes to bring the total square footage of the structure to 3101 sq. ft. which is well within the allowed FAR,
SITE PLAN
AMC Sec. 9-8.203 Basis for Approval of Site Plans require that the Site Plan be approved based upon the following factors and principles. These factors and corresponding explanations are below:
(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 vJth all the development standards for the Medium Density zone with the exception of the lega! non-conforming setbacks. Because the setbacks are not increasing the degree of non-conformity, the property is allowed to retain the legal non-conforming status. The chimney height,. if approved will non-conforming to the heighten ye lope. (b) 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 in4ended, and the total development, including the application of prescribeddevelopment 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 proposed project involves an existing duplex in the Medium Density Residential zone, The use proposed is a principally permitted use in the zone per Section 9-5.302. The proposed project complies with the Avalon General Plan and its objectives of providing quality housing.
(c) Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is notintended that such approval be interpreted to require a particular style or type of architecture.
The exterior style of the builthng will be modified to go from a flat roof to a pitched roof. The functional development is suitable for a four bedroom single family dwelling.
VARIANCE
The application includes renovating the roof to change the roof line from a flat roof to a pitched roof to eliminate the potential for leaks. This requires a change in the height of thechimney to meet building code minimum separation requirements between the top of the chimney and the surrounding roof. The only portion of the structure requiring the variance isthe chimney which will extendabove the height envelope by two feet:
In order to approve a Variance the Avalon Municipal Code Section 9-8.404 requires that the Planning Commission make the following findings:
a) The strict application of the zoning ordinance will result in unnecessary hardship as follows: The home was built to comply with the height envelZeJtbè home is existing and the topography of the lot is steep, making improvements very difficult. T pitched roof will be within the height envelope. AMC Section 97.404 Location of 0th -Structures and Proiections into Yards. (b) states: The following projections may extend into a
required setback: (2) Fireplace struictures and bays, not wider than either (8’) feet measured in: a general direction of the wall, ofwhick it is flart (a maxiiñUm of two (2’feet) This language addresses a hori*ip:rojgctJ;Im into a side yard setback for fireplaces, however, the AMC does not address the vertical projection of the chimney portion of a fireplace into the airspace:’ etback’ di4frèc by tPe lteiglsitenvelope. b) There are exceptional circumstances that apply to development of said property which do not apply to other property in the neighborhood. There are other properties along E. Whittley that have similar topography. The only exceptional circumstance is that this project is the first one to request approval of a chimney in this neighborhood. c) The granting of this Variance will not be detrimental to the public welfare or neighborhood property because: The location of the project is on one of several parcels that follow the ridgeline between E. Whittley and Whittley. The structure above issignificantly higher up the slope, thus the changes proposed by the variance will have minimum to no effect.
d) Granting of this Variance will not be contrary to the objectives of the Local Coastal Program as adopted because: The objective of the LCP is to protect coastalresources. The location of the chimney will not impact access to coastal resources.
COASTAL DEVELOPMENT PERMIT:
The project was noticed as requiring a Coastal Development Permit. Upon further review, the change in the roofline and the addition of the additional square footage to two of the existing bedrooms and the addition ofoffstreet parking does change the intensity of the use, thus a CDP is not required.
RECOMMENDATIONBased on the preceding discussion of the proposed project’s compliance with the applicableprinciples and standards of the Avalon Municipal Code, the recommendation is:1) That the Planning Commission find the project categorically Exempt under Section 15301(a)and (e)(1)of the State CEQA Guidelines; 2) That the Planning Commission adopts the findings to support approval of the Site Plan with the requirement of Sec. 9-8.202(a) for a topographic survey to certify the height of thestructure and to ascertain that the chimney is the only portion of the structure that will extend beyond the height envelope.3) That the Planning Commission adopt the findings to support approval of the variance for the chimney to exceed the height envelope.
Conditions of Approval
Street Address: 261 E. Whittley — PC 2711
The following conditions require c,dclitionc,l action by or documentation from, the applicant before building permits can be issued:
Projects resulting in demolition of existing structures or projects exceeding $75OOO in value must provide certification of the condition of the sewer lateral before building permits can be issued.
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. copies of inspection results and shippingmanifests (when disposal is required) must be provided prior to issuance of a demolition permit or building 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 of payment or exemption prior to issuance of the building permit.The following conditions apply to all projects:
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.
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.
This project approval shall expire on December 31, 2021, unless a time extension is requested, approved, and filed with the Planning Department prior to expiration.
The project shall be developed and maintained in strict accordance with the approved plans unless written approval is given by the Planning Department. Approval by the Planning Department does not waive the requirement that the project comply with all sections of the Zoning Ordinance and all other applicable sections of the Municipal Code.
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 FireDepartments.
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; orb) 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; orc) 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 thework is more than $10,000.00. d) Change in the use of the building or structure. Change in use is defined as “thosealterations which significantly alter the use, increase the number of dwelling units in anexisting building or result in a building being held open to the public where the prior use was far 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-tran5ient 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 theaddition 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 install a fire sprinkler system, you must provide valid documentation of thestructural plan as it existed prior to the un-permitted work.
A dual water system shall be installed and approved by the Planning Department.
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.
The entire sanitation system shall he 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 cansti uction of sewer connections and latcials.
The project shall he under construction (defined as foundations in and framing in progress) within 36 months of this approval or au permits will be null and void.
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 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 he 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.
Owner/Applicant agrees to indemnify defend, and hold the City harmless, with counselreasonably acceptable to the City, from costs and expenses, including attorney fees, incurred by the City or held to he 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 actions with respect to the project. Owner/Apphcant 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 must 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 of occupancy.
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.
Pc #2783
Attachment 1: Resolution No. 22-08
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
AVALON, CALIFORNIA. GRANTING AND APPROVING A SITE PLAN AND
SETBACK VARIANCE FOR THE REMODEL OF AN EXISTING RESIDENCE AT 261 E WI-IITTLEY; APN 7480-027-020
WHEREAS, Scott Vanevery (“Applicant”) filed an application (“Application”) for a site plan approval regarding the remodel of a property located at (“Site”); 261 East Whittley Avenue,Avalon, California, further described as assessor’s parcel number 7480-027-020, in the Medium Density Residential Zone; and
WHEREAS, a setback variance was deemed necessary by staff after additional review of the Application (site plan and setback variance are collectively “Project”) and monitoring of ongoing construction activities, which resulted in the nullification of specific legal nonconformingconditions on the Site; and WHEREAS, on March 16, 2022 the Planning Commission of the city of Avalon (“Planning Commission”) conducted a duly noticed public hearing at a regularly scheduled meetingconsidering the Application at which time all persons wishing to testify in connection with the Application were heard and 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 from CEQA 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 ofmore 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 was previously issued a Coastal Development Permit in 2019; and
WHEREAS, all other legal prerequisites for the consideration of the Site Plan and Setback Variance have occurred.
NOW, THEREFORE, the Planning Commission of the City ofAvalon does hereby determine and find as follows:
Section 1. All Recitals shall be incorporated into this Resolution by reference. Pursuant to Section AMC 9-8203, and based on the entire record before the Planning Commission, all writtenand 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,) Evei’ use, development of land and application of development standards shall take place in compliance ic/ti, all applicable provisions of this title. The proposed project complies with all the development standards for the Medium Density zone with the exception of the non-conformingsetbacks - the nexus of this Variance application. (b) 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 in-tended, and thetotal 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 proposed project involves an existing duplex in the Medium Density Residential zone. The use proposed is a principally permitted use in the zone per Section 9-5,302. The proposed project complies with the Avalon General Plan and its objectives of providing quality housing. After existing as nonconforming for close to 50 years, the granting of this application will have a limited effect on the character of the neighborhood. Furthermore, the full demolition/replacement of the subpar structure minimizes blight and abates any potential public safety hazards.(c) Every use, development of land, application of development standards shall be considered on the basis ofsuitable and functional development design, but is not intended that such approval beinterpreted to require a particular style or type of architecture. No change in the approved design is proposed.
Section 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, the Planning Commission grants a setback variance, subject to the conditions of approval set forth in the attached Exhibit “A.”
a) The strict application ofthe ton ing ordinance ivill result in unnecessai hardci,ip asfollows: The home owner would have to halt construction, modify thc existing building plans that were previousLy approved, resubmit to the City and complete an additional plan check. b,) There are exceptional circumstances that apply to development of said property which do not apply to other properti’ in the neighborhood. While the property doesn’t qualify as a “hillside lot”
according to its front/rear elevations, the topography varies thi-oughout and slopes dramatically at this location, which contributed to the overall instability of the preexisting structure. Despite the property owner’s original intent to maintain the preexisting structure’s nonconformity, the relocation and ultimate demolition of the entire building resuhed from exceptional circumstances. c) The granting of this Variance will not be detrimental to the public wel/kire or neighborhood property because: The structural footprint will remain almost exactly as it has existed since original construct ion.d) Granting of this Variance will not be contrary to the objectives of the Local Coastal Program asadopted because: A NOFA was tiled to the California Coastal Commission in 2019 for the entire scope of work,
Section 3. 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 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 variances for the Site.
Section 4. Pursuant to Section 9-8.109 and 9-8.407 of the Code, the site plan set back variances 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.
SectionS. The Chair of the Planning Commission shall sign this Resolution and the Secretary of the Planning Commission shall certify the adoption thereof.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to the City Clerk of Avalon and a copy be sent to the Applicant at the address set forth in the application.
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 22-08 was adopted by
the Planning Commission of the City of Avalon at a regular meeting held on the 16tb day of March, 2022, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Rocio Dc La Cruz, Planning Administrative Assistant
Exhibit “A”
Conditions of Approval
261 East Whittlev Avenue
The following conditions are specific to PC Application #2783:
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. 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.
The following conditions require additio,tal action kv or documentation from, the applicant before building penn its can be Lcsued:
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 GameCode Section 711.4. The fee should he paid within five (5) days of approval of the environmental filing 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 subject property until appropriate pennits 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 575.000 in value must provide certification of the condition of the sewer lateral before building permits can be issued.
Projects involving structures constructed before 1979 and that requires any demolition, must beassessed for the presence of asbestos, lead and other hazardous materials which shall be handled in accordance with applicable State codes. Copies of inspection results and shipping manifests(when disposal is requited) must be provided prior to issuance ofa demolition permit or building 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 pcniits prior to or simultaneous with the issuance ofa 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 folio wing conditions apply to all projects:
Thc project shafl 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 structureresulting 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 detennined, the applicant may request a Certificate of Compliance to create a huildable parcel.
If the Citx 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 theapproval in the future if the Commission finds it to be 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 he 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 requirements of any federal, state, or local agency requirements, which may retain a regulatory or advisoryfunction 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 prolect is for:
a) New Structure; or
b) Rehabilitation, remodeling or reconstruction of twenty five percent (25%) or more ofthe gross square footage of an existing commercial or multiple unit residential building orstructure; or c) Rehabilitation, remodeling or reconstruction of fifly 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 SI 0.000.00.
d) Change in the use of the building or structure. Change in use is detined as “those alterations which significantly alter the use, increase the number of dwelling units in an 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 transientrental, The requirement shall apply to changes from commercial to residential, or residcntial 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 penuit(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.
The site shall he 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 bc 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 poolingof standing water.
All plans and specifications must be approved by the City ofAvalon 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 he reviewed and approved by the Planning Commission before anyconstruction takes place.
Owner/Applicant must offer to dedicate to the City the following casements measuring at least 10 feet in width, if applicable:
• Public utilities easement
• Water line casement• Sewer facilities easement
• Landscape easement• Stonri drain easement
Any existing public improvements which are damaged as a result of construction regarding the project shall he repaired or replaced to the satisthction of City staff at the Owner/Applicant’ssole cost before a certificate of occupancy can be issued.
Owner/Applicant agrees to indemnify, defend, and hold the City hanuless, with counselreasonably acceptable to the City, from costs and expenses, including attorney fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actionsin 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 he 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 environmentalassessments perfonned in connection with this project. prior to receiving a certificate ofoccupancy.
All conditions of approval must be completed to the satisfaction ofthe City Planning Department prior to occupancy of the project.
Project applicant must pay the City all statutory fees under the City’s fec ordinance. unless otherwise waived by the Director.
RESOLUTION NO. 19-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OFAVALON, CALIFORNIA, GRANTING AND APPROVING A SITE PLANAPPLICATION TO MODIFY AN EXISTING DUPLEX CONTANING FOUR BEDROOMS AND ADDING 974 SQ. FT. AT 261 EAST WHIULEY, AVALON,CALIFORNIA WHEREAS, Scott Vanevery / Dave Street (“Owner/Applicant”) filed an application (“Application”) for a Site Plan Permit to modify an existing duplex containing for (4) bedroomsand adding 974 sq. ft. at the property located at 261 East Whittley, Avalon, California (“Site”); WHEREAS, the Application includes a request for Site Plan application to add 974 ft. at 261 East Whittley (“Project”);
WHEREAS, on July 17tb, 2019, the Planning Commission of the City of Avalon (“Planning Commission”) conducted a duly noticed Public Hearing on the Application at which time allpersons wishing to testify in connection with the Application were heard and the Applicationwas comprehensively reviewed; WHEREAS, the Planning Commission determined the project is not within the 300 foot appealable seaward area boundary for the Coastal Development Permit; 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, all other legal prerequisites for the consideration of the Site Plan application have occurred.
NOW, THEREFORE, the Planning Commission of the City of Avalon does hereby determine and find as follows:
Section 1: CEQA. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commissionhereby finds that the Project is categorically exempt under the following provisions:Section 15301(a) and (e) (1) of the State CEQA Guidelines — Existing Facilities. “Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographic features, involving negligible or no expansion of use beyond that existing at thetime of the lead agency’s determination. The types of “existing activities” itemized below are not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use.
Examples include but are not limited to:
(a) interior or exterior alterations involving such things as interior partitions, plumbing andelectrical conveyances (e) Additions to existing structures provided that the addition will not result in an increase ofmore than: (1)50 percent of the floor area of the structures before the addition or 2,500 square feet, whichever is less .
Section 2. Pursuant to Avalon Municipal Code (“AMC”) Section 9-8.203, and based on the entire record before the Planning Commission, all written and oral evidence presentedto the Planning Commission, and the findings set forth below, the Planning Commission approves the Site Plan subject to the conditions of approval set forth in the attached Exhibit(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 Medium Density with the exception of the legal non-conforming setback. Because the setbacks are not increasing and the degree of non-conformity, the property is allowed to retain the legal non-conforming status.
(b) 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 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 adverseeffects on neighboring property and shall be in general accord with all elements of theGeneral Plan.
The proposed project involves an existing duplex in the Medium Density Residential zone. The use proposed is principally permitted use in the zone per Section 9-5.302 The proposed project complies with the Avalon General Plan and its objectives of providing quality housing.
(c) Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is notintended that such approval be interpreted to require a particular style or type of architecture.
The exterior style of the building will be maintained. The functional development is suitable for a four (4) bedroom single family dwelling.
Section 3. 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 approved, subject to the conditions setforth in Exhibit “A”, a Coastal Development Permit to renovate the exterior of a multi unit residential structure to add 974 sq. ft. to modify the second kitchen into a mini kitchen laundry for the use of guests.
(a) The use is consistent with the goals and objectives of the public access and recreation policies of Chapter 3 of the California Coastal Act.
The 974 sq. ft. will not change public access or recreational use of the coastal zone. (b) The use is in conformance with the Certified Local Coastal Program for the City of Avalon, which includes the Avalon General Plan, the Local Coastal Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances.
The location is in the medium density zone and is a principally permitted use under Section 9-5.402. Based on the referenced code sections, the renovation to the exterior of the multi unit residential structure to add 974 sq. ft. does not trigger the need for a conditional use permit or variance. The addition of 974 sq. ft. will not expand the scope of the use to require additional staff or require inclusionary housing thus it is in compliance with the Affordable Housing Ordinances.
(c) The use has received all necessary local approvals issuable by the Planning Commission, including Growth Ordinance Approval (in concept) together with water allocation, asmay be required.
The project is within the 2019 Growth Policy in the category of project described below:
a) Projects involving existing commercial and residential structures which are to berepaired, replaced in kind, or remodeled or enlarged provided no additional bedrooms are added or dwelling units are added to existing residential structures other than the densitybonus units permitted by conditional use permit and Southern California Edison Company confirms in writing that water is available to serve the project if approved by the city.
SCE has confirmed that no additional water allocation is required (d) The use has been cleared with respect to environmental regulations of CEQA, as necessary.
The proposed work is Categorically Exempt under CEQA Section 15301 of the State CEQA Guidelines- Existing Facilities:
‘Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographic features, involving negligible or no expansion of use beyond that existing at thetime of the lead agency’s determination. The type of “existing facilities” itemized below is not intended to be all-inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of the existing use.
Examples include but are not limited to:
(a) Interior or exterior alterations involving such things as interior partition, plumbing, and electrical conveyances.”
“(e) Additions to existing structures providing that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structure before the addition, or 250 square feet, whichever is less”
The total existing square footage is 2033 sq. ft. This would allow for an addition of 1016 sq. ft. (which ever is less). The project proposed to add 974 sq. ft. (e) For all development seaward of the nearest public highway to the shoreline, the proposed development conforms to the public access and recreation policies of Chapter 3 of the Coastal Act.
Although the project is not located seaward of the nearest public highway to the shoreline, the project is consistent with Chapter 3 of the Coastal Act, as stated above. The Planning Commission made the finding that the project is not within the 300 foot Coastal appeal zone.
WHEREAS, all other legal prerequisites for the consideration of the Site Plan and Coastal Development Permits have occurred.
Section 4. 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 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 the project.
SectionS. Pursuant to Sections 9-8.109 and 9-8.407 of the Code, the approvals 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 6. The Chairman of the Planning Commission shall sign this Resolution and the Secretary of the Planning Commission shall certify the adoption thereof.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to the City Clerk of Avalon and a copy be sent to the Applicant at the address set forth in the application for the variances,
PASSED, APPROVED AND ADOPTED this 21” day of August, 2019.
Yolanda Montano
ATTEST:
Amanda Cook, Director of Planning
Secretary of the Planning Commission
CERTIFICATE
I, Amanda Cook, hereby certify that the foregoing Resolution was adopted by the Planning Commission of the City of Avalon at a regular meeting held on the 21” day of August, 2019, by the following vote, to wit:
The votes of the Planning Commission Members on the Variances were as follows:
AYES: (5) Planning Commission Members:
Chairman Montano, Vice- Chairman Huart, Commissioners: Glass, Putnam and Morris NOES: (0) Planning Commission Members:
ABSENT: (3) Planning Commission Members:
Commissioners Patterson and Phillips, Alternate Commissioner Hall ABSTAIN: (0) Planning Commission Members:
Amanda Cook, Director of Planning
Exhibit “A”
Conditions of Approval
Street Address: 261 East Whittley Ave P0* 2698
The following conditions require additional action by or documentation from, the applicant before building permits can be issued:
1. Projects resulting in demolition of existing structures or projects exceeding $75,000 in value must provide certification of the condition of the sewer lateral before building permits can be issued.
2. 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. Copies of inspection results and shipping manifests (when disposal is required) must be provided prior to issuance of a demolition permit or building permit.
3. 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.
4. Projects requiring obstruction of the public right of way must obtain obstruction permits prior to or simultaneous with the issuance of a building permit.
5. Projects requiring excavation in the public right of way must obtain excavation permits prior to or simultaneous with the issuance of a building permit.
6. Projects subject to payment of Long Beach Unified School District fees must provide proof of payment of exemption prior to issuance of a building permit.
7. All plans reviewed by the Planning and Building Department and Licensed Engineer. The Second condition is to correct all pre-existing Municipal Code violations of the property Before receiving a Certificate of Occupancy.
8. Provide a floor plan with all dimensions for all levels, rooms and kitchens within the property to confirm compliance with the Avalon Municipal Code.
The following conditions apply to all projects:
1. 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.
2. 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 imposeadditional conditions of approval to mitigate any adverse impacts.
3. This project approval shall expire on April 20, 2022, unless a time extension is requested, approved, and filed with the Planning Department prior to expiration.
4. The prolect shall be developed and maintained in strict accordance with the approved plans unless written approval is given by the Planning Department. Approval by thePlanning Department does not waive the requirement that the project comply with all sections of the Zoning Ordinance and all other applicable sections of the Municipal Code.
5. All construction on the project shall be limited to Monday through Saturday, 8am to 7pm.
No construction shall occur on Sundays.
6. 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.
7. Non-combustible roofing materials shall be used subject to approval by the Building and Fire Departments.
8. Approved fire walls shall be constructed as required by the Los Angeles County Building Code.
9. 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 an existing commercial or multiple 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 olterations which significantly olter the use, increase the number of dwelling units in onexisting building or result/n 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 orfrom 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 theaddition of table service at on 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
install a fire sprinkler system, you must provide valid documentation of the structural plan as it existed prior to the un-permitted work.
10. A dual water system shall be installed and approved by the Planning Department.11, 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.
12. The entire sanitation system shall be connected to the City salt water system.13. 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.
14. 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.
15. 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.
16. All plans and specifications must be approved by the City of Avalon Building Department prior to construction beginning.
17. City staff shall review and approve location, size and noise output of any mechanical devices.
18. Written documentation from Southern California Edison that adequate fresh water is available to serve the project shall be provided prior to the issuance of a certificate of occupancy?
19. 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.
20. 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
21. 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.
22. 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, incurred by the City or held to be the liability of the City in connection with the City’s defense of itsactions 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.23. Any preexisting Municipal Code violations at the property must be resolved prior toissuance of a certificate of occupancy, even if such Code violations are unrelated to the project.24. 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.
25. A)) conditions of approval must be completed to the satisfaction of the City Planning Department prior to occupancy of the project.
26. Project applicant must pay the City all statutory fees under the City’s fee ordinance.
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FIGURE 3 LEFT SIDE RETAINING WALL SECTION
ESTABLISH MEASUREMENT STATIONS THE LENGTH OF
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ADD CULVERT AND DRAINAGE HOLES.
261 E WHITTLEY
RETAINING WALL REPORT
1ST DRAFT 7/19/2021
REVISED 7/20/2021
FOR MAINTENANCE AND MONITORING OF WALL.
1. CLEAR UP HILL OF WALL TO MAKE SLOPE PROPER AND UPPER CULVERT AS NEEDED.
2. INSURE PROPER DRAINAGE WITH CULVERT.
3. MEASURE AT LEAST 1 TIME PER YEAR THE DIAGONAL DISTANCE BETWEEN SURVEY NAILS LOCATED 2 FT FROM ENDS & 8 FT ONCENTER.
4. MAINTAIN LOG, MAKE COMPARISONS, DECIDE IF’ ADDITIONAL MEASURES ARE NEEDED.
5. MAKE HOLES IN WALL FOR DRAINAGE OF WATER BUILDUP AS
SHOWN, 2.5” DIA. 12” ABOVE CONCRETE SURFACE, 8—0” ON
CENTER.
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SURVEY
9 Bob Greenlaw
From: Buildingofficial
Sent: Wednesday, July 21, 2021 7:37 AM
To: ccott van every’; Tim CanbyCc: Michael Farmer; Bob Greenlaw Subject: R[: Report for 261 E Whittley Rtng Wall
Good work Tim,
This Is an excellent plan for protecting Mr. Vanevery’s new addition.Thanks Again, Jon Gilbert
From: scott van every <[email protected]>
Sent: Tuesday, July 2C, 2021 4:48 PM
To: Tim Canby <tirnjanby@hotmailcom>
Cc: Buildingollicial <[email protected]>; Michael Parmer <[email protected]>; Bob Greenlaw <bgreenlaw@cityofava!oncom>Subject: Re: Report for 261 E Whittley Rtng Wall Thanks Tim! I believe we are all on the same page nowl
Sent from my iPad
On Jul 20, 2021, at 2:00 PM, Tim Canhy <1im_canbyhotmaiI.com> wrote:
Jon,
Please find attached the revised drawing.
Please let me know any other questions.Best regards,
Tim Canby949 933-1926
From: Buildingofficial <[email protected]> Sent: Tuesday, July 20, 2021 1:31 PMTo: Tim Canby <[email protected]> Cc: scott van every <[email protected]>; Michael Parmer <[email protected]’; BobGreenlaw <[email protected]> Subject: Re: Report for 261 F Whittley Rtng WallYes, please add it to the drawingl Thanks again ‘jim,
Jon
Jon Gilbert
Building Official(310) 510-0220 x 112- office(310) 857-8246 - cellSent from my iPhone On Jul 20, 2021, at 1:29 PM, Tim Canby <tim canbyhotmail.com> wrote:
As I said before, 2.5 inch diameter Thru the wall, 12 inches up from ground 8’- 0” on center. I’ll add this to the drawing,Sent from my iPhone On Jul 20, 2021, at 12:12 PM, scott van every <Scott vaneveryyahoo.com> wrote:
OK then. So just so we are on the same page Tim, how many do you want and how big should they be?
Sent from my iPad
On Jul 20, 2021, at 11:45 AM, Tim Canby<tim canbyhotmail.com> wrote:
Holes are for drainage. They arc small and not
known to weaken walls when this small.
Sent from my iPhoncOn Jul 20, 2021, at 11:37 AM, scott van every<Scott vanevery(ythoo.com> wrote:
Hello All:
Tim, Unless I missed something, Iread that we needed a swale at the top and bottom ofthe wall to preventhydraulic pressure. Did you sayanything about drilling holes? I 2 would think holes would weaken
it. Please elucidateSent from my iPad
On Jul 20, 2021, at
8:59 AM,
Buildingofficial
<buildingofflciaIccit
yofavalon.eom>
wrote:
Hi Tim,Please give a
recommendation onthe holes in the wall torelieve hydraulicpressure, (how large and how
many/spacing).
Thank You,
Jon Gilbert
From: Tim Canby<tim [email protected]>Sent: Monday, July 19,2021 5:14 PM To: Buildingofficial
<build i ngoffi cia ka3cityofavaton.com>Cc: scott van every <Scott [email protected]>Subject: Report for 261
E Whittley Rtng Wall
Hi ion,Please find attached areport for 261 E
Whittley left side
retaining wall for
your review.
It is my opinion the
wall can be left as is.
3 Maintenance and
monitoring of the
wall for movementshould be initiated as
described in thereport.Please let me know if
you have any
questions that
need to be
addressed.
Best regards,
Tim Canby
949 933-1926
<2021 0720 E Whittley Scott Van Every-4.pdP
4 Bob Greenlaw
From: Buildingofficial
Sent: Wednesday, February 23, 2022 8:14 AM
To: ‘scott van everyCc: David Maistros; Denise Radde; Bob Greenlaw; Buildingofficial; Rocio DeLaCruz; Susanna Gutierrez
Subject: RE: Geotechnical
Good Morning Scott
The geotechnical study/report will give me site specific data that I need in order to proceed. It will identify issues relatedto the soil bearing capacity. Sheet A7.0 Detail A on the plans shows the foundation at 12” wide X 24” deep. Theexcavation is already 24” deep and is continuous. The soil beneath the tooting is extremely soft, when I placed my 5/8’stainless steel probe into the soil it went to 18” depth with little effort. I’m afraid that the study is absolutely necessary.
If you would like to have your engineer or architect meet me at the site I can show them exactly what my concerns are.
Thanks Again,
Jon Gilbert
From: scott van every <[email protected]>
Sent: Tuesday, February 22, 2022 1:07 PM
To: Buldingofflcial <[email protected]’ Subject: Re: Geotechnical
Hello Jon:Please tell me what this is and how it could affect the foundation. The engineer said that the diggers shouldmake the foundation continuous (not piers) and to dig to solid material. That should caso yourconcerns. Would hiring a soil testing company and paying them $2,000+ really do anything more then that? Please let me know exactly what you require.
Thanks,
Scott
Sent from my iPad
On Feb 22, 2022, at 10:30 AM, Buildingofficial <buildingofficiaIeityofavaIon.com> wrote:
Iii Scott,
Please make sure that all emails are sent to this address,buildingofficialcitvofavalon.com I have not received the geotechnical report for your project yet.
I cannot approve the foundation details without it.
Thanks,
Jon
1 (310) 510-0220 x 112- office
(310) 857-8246 - cell
Sent from my iPhone
Jon Gilbert
Building Official
2 Buildingofficial
From: scott van every <[email protected]>
Sent: Sunday, February 7, 2021 1:20 PM
To: Buildingofficial
Subject: Fwd: 261 E Whitley
Attachments: 261 Whittley 2021 Proposed (1).pdf
Hello Jon!When we last met at my house, you surveyed the reduction of the bedrooms to my plan. Please look at the enclosed plan and see that we are using the existing plan that has gone through the Planning Commission and yourself, it is just being moved over 3 feet on our property and off the lot line. Moving the building off the lot line will get the building off the existing wall and off the neighbors property when we need to paint, clean gutters or even clean windows. What do I need to do to get this plan approved and have my builder getstarted? I know we need to pay the permit fees and have the builder submit his insurance papers. Do we need to do anything else?
Scott
Sent from my iPad
Begin forwarded message: - From: Dave Street <rds2streetäyahoo,com> Date: January 18, 2021 at l0:48:9 AM PSI
To: scott van every <scott vanevervyahoo.corn>
Subject: Re: 261 E Whitley
Scott,
Attached is a floor plan for your review and comment. added window in guest bedroom and small window in bath. Let me know where else you would like to add windows.
Dave
On Sunday, January 10, 2021, 02:31:03 PM PST, scott van every <Scott vaneveryvahoo.com> wrote:
Hello DavidlLike a bad penny, this house just keeps Doming oack! It has been 2 years since we starled this! What I need to do is move the back house off the property line, and have the 3’ walkway go all along the Eastproperty line. The wall over there is ti’t’rg slightly, and even though we have had it inspected by an engineer, 2 builders, and a geologist, it just doesn’t make sense to put the new construchon right against it. It also makes sense to be able to paint, repair and work on it any time we want without having to rely on the neighbors. Glad to get together with you this next week when you are available. We want to leave everything as is, just moved over 3 feet.Thanks
Sent from my iPad
April19. 2322
Dear Avalon P!arrning Con-mission,
We are writing to express our oppos tion to lie request for a Setback Variance at 261 East Whittley Avenue.
It is our understanding (as per the Avaton Planning Commission Stall report - PC 2783 dated 3/16/2022) that since the original structure has now been demolished, the legal non-conforming s:atus ot the orig:na structure has been nlIified,
The Stai Report also states that the Setback Variance for this project was not noticed, discussed or approved at either of the past two (2) hearings, These two meetings were prior to 3/16/2022.The Report goes on to describe that r being issued a building permit en 9/4/21, the owners determined that the necessary improvomonts needed to keep the second building were infeasible and they demolished the entire structure.
When the applicants decided to alter their plans, after the initial building permit was issued, they also had the opportunity to review the Avalon Municipal code regarding Setbacks along with various other City Building Codes and regulations; as does every other property owner in town.
Many of the surrounding property owners are familiar with the City setback requirements and have relied on these known requirements when they invested in their homes.
The existing setback requirement has been well thought out through many years of planning by our citylathers. In addition, setbacks provide a crucial buffer zone for the protection ol adjacent properties in theevent of a rire or other emergency. Setbacks also provide a relatively safe access zone for firefighters andemergency personnel. This safety setback is even more critical as the slope increases. Throughout the years, many non-conforming properties have been slowly brought into compliance through attrition. The property at 261 East Whittley Is one ci these cases.
The applicants of this one property are now asking for special permission to construct a 20’ high structure,within 3 of the property line for their own personal gain. We have reviewed the plans and are familiar with the layout of the property in question. It appears that the property is adequatety sized to accommodate a building plan that conforms to the 10’ setback requirement.
On the cther hand, we and many of our surrounding neighbors, are not asking our city representat yes forany special permission. We are only asking that you honor and enforce the existng rules to which we are all obliged to comoly. Doing otherwise, and approving this variance, only punishes those who folow the City’s rules and it dilutes Ihe overall e’fectiveress of the Avalor City Muncipat Code.
Again, we respec;tul’y request that you deny the applicat on for a Setoack Variance at 261 East Whltttey.
Thank you for your time and consideration.
Sincerely.
Picnard and Leslie Warner
306 Whintey Ave.Avalon, CA
Susanna Gutierrez
From: [email protected]
Sent: Monday, April 18, 2022 9:32 AMTo: Susanna GutierrezSubject: Susana Please confirm receipt and forward this letter to coi Staff and Planning Commissioners
I Susana, Please forward this letter to C.o.A. Staff and Planning Commissioners To: Staff and planning Commissioners,
Regarding the setback plans for 261 East Whittley:Please, do not grant anything less than what the current legal, 10 Foot set backs are for this property.
Myself and ALL of the surrounding 5 neighbors were not given proper notice of any changes to the 10 foot Legal setbacks. Yet we have all 5 adjoining property owners voiced their concern (at the last Planning Commission Meeting) and want the Vanevery’s to halt this encroachment.Since the existing building that was close to my property line at 248, 250 Whittley was demolished itis my understanding that once the owners remove and Demo the house, walls and foundation, then they lose all rights of any encroaching into the setback that they may have had at one time.
Please take this opportunity to re-establish the legal 10 Foot setbacks on this new construction duplex.
Thank you,
Robert Franks
:1
April 14, 2022
To: City of Avalon Planning Commission Members and Stall From: Charles Canby, 242 Whittley Aye, Avalon, CA POBOX7O4, [email protected], 310-809-0661 Subject: 261 East Whittley, granting of variance for setback. lani against the Planning Commission granting a set back variance for the noted property.
1. I feel that we, residents of our neighborhood, have an expectation that planning and zoning rules will be followed and variances should not be granted to accommodate another person’spersonal gains, desires and whims when they are unwarranted and to the detriment of others.
2. The proposed variance will shade the adjoining neighbors’ yards and homes and, will put a twenty-foot-high structure within three feet of their yards and view, and go against their expectation that when purchasing th&r property, buildings behind them would have a ten-footset-back.
3. I have reviewed the plans for this project and looked over the property to gain an understanding of the project.
4. The area/yard where the Vaneverys want to build is a huge area with plenty of square footage.
It is easily large enough to build a very large structure of equal square footage that they desire and still have open space for a yard without encroaching into the required ten-foot set back.
S. The Vaneverys want to encroach into the required setback. I speculate that they want to do so for a couple of reasons: First) to have a clear view of the ocean down the back lots of homes on Fast Whittley. Second, to not have to excavate or notch into the sloping hill side of their downhill sloping back yard.
6. All of the existing homes on East Whittley have maintained the required ten-foot set back.
Granting this variance could start a precedence.
7. The Staff report said “c) The Granting of this Variance will not be detrimental to the public welfare or neighborhood property because: The structural footprint will remain almost exactlyas it has existed since original construction.” The short comings of this statement are: First, there are no original drawing or documentation showing the original construction. Second, the original structure was said to be much smaller and lower in elevation, and was not twenty feet high and three feet from the neighbors back yards. The old structure could not be seen from the back yards of the Warrens and Franks.
8. The set-back of the old demolished building was “non-conforming”. Now is an opportunity to build a conforming building without variances.