AVALON CITY COUNCIL MEETING
TUESDAY, NOVEMBER 5, 2024 — 5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in thismeeting, please contact the City Clerk’s Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd.
For the public’s convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
CALL TO ORDER I PLEDGE OF ALLEGIANCE I INVOCATION I ROLL CALL
ANNOUNCEMENTS I WRITTEN COMMUNICATIONS
DEPARTMENT HEAD REPORTS
CITY MANAGER REPORT I CITY ATTORNEY REPORT
COUNCILMEMBER REPORTSIREQUESTS I MAYOR REPORT
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on nonagenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
1. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.
Recommended Action
Approve minutes from the October 22, 2024 regular City Council Meetings.
2. Warrants
Expenditures Submitted for Approval
o Warrants from the US General Fund in the amount of $1,531,798.63 o One payroll totaling $261,493.87.
o Four electronic fund transfers totaling $1 89,755.50.
Recommended Action
Approve total expenditures for October 7, 2024 through October 25, 2024 totaling $1,983,048.00.
CITY COUNCIL AGENDA
NOVEMBER 5, 2024PAGE 2
3. Authorize the Purchase of a New Isuzu NRR Utility Truck with Switch-N-Go Flatbed and Dump Bed System
The Public Works current large flatbed utility truck is a 2006 Ford LCF model truck, and is no longer functioning due to several engine and transmission issues. After evaluating available options, City Staff identified the 2024 Isuzu NRR truck with the Switch-N-Go system as a cost-effective and practical solution for addressing multiple departmental needs with a single, adaptable vehicle.
Recommended Action
1. Authorize City Manager, or their designee, to purchase a 2024 Isuzu NRR with SwitchN-Go flatbed and dump bed system from Freeway lsuzu located in Corona, CA. 2. Amend the budget to increase the Vehicle Replacement Fund (13825-6781) by $15,000 to allocate funds for the procurement of the vehicle in the amount not to exceed $125,000.
4. Purchase of Pump for Pebbly Beach Lift Station
A pump at Pebbly Beach Lift Station has failed. The Pebbly Beach sewage lift station utilizes three pumps. The City’s wastewater treatment plant operator recommended apumps is replaced.
Recommended Action
1. Authorize City Manager, or their designee, to purchase Flygt 6” 3OHP submersible pump from Xylem Water Solutions, Inc. for the Pebbly Beach sewage lift station for a not to exceed sum of $38,500 from Sewer Fund 10850-6521. 2. Make the affirmative findingthat the Xylem Water Solutions, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-4.111(b).
5. Wet Spot Lease Amendment
On October 4, 2024, City Staff received a request from Grayce Upton representing The Wetspot Rentals be allowed to sublet a section of the outdoor storefront space to Catalina Adventure Tours. The space would be used exclusively for the sale of tickets for excursions from October to May.
Recommended Action
Authorize an amendment to the lease agreement between the City of Avalon and The Wetspot Rentals granting expansion of use for city-owned lease property at 120 Pebbly Beach Road to allow for occasional sub-letting to Catalina Adventure Tours for ticket sales.
PUBLIC HEARING
6. A Public Hearing Considering a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit to Allow the Demolition of a Vacant Three-Story Apartment Building and Construction of a New Four-Story Hotel with Employee Housing in the Special Commercial (SC) Zone. (PC#2842)On October 22, 2024, the City Council held a duly noticed public hearing to consider Appeal No. 24-02, an appeal of the Planning Commission approval of PC#2842. After
CITY COUNCIL AGENDA
NOVEMBER 5, 2024
PAGE 3
consideration of the appeal application, analysis provided in the staff report, applicant response, and public comment, the City Council voted 5-0 to set the matter as a de novo hearing at the next available regular meeting. The City Council provided direction to Staff on specific issue items to be addressed for the de novo hearing for the Project.
Recommended Action
1. Open the Public Hearing. 2. Receive public comment. 3. Close the Public Hearing. 4.
Find the project qualifies for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 — In-Fill Development Projects. 5. Adopt the findings to support approval of a Conditional Use Permit. 6. Adopt the findings to support approval of a Variance. 7. Adopt the findings to support approval of a Site Plan. 8. Adopt the findings to support approval of a Coastal Development Permit.
9. Find the project consistent with the 2024 Annual Growth Policy.
GENERAL BUSINESS7. Letter of Understanding with PERC Water Corporation for Operations, Management, Maintenance, and Monitoring of the City of Avalon Wastewater System The City Council authorized the assignment of the remaining term of an agreement to PERC Water Corporation for the operation, management, maintenance, and monitoring of Avalon’s Wastewater System. Also, the City Council authorized the City to negotiate a contract extension with PERC Water for an additional three year term. City Staff began negotiating an additional term in the first half of 2024. The current agreement with PERC expires on December 15, 2024. Additional time is needed negotiate a new agreement.
Recommended Action
Authorize the City Manager to execute a letter of understanding with PERC Water Corporation to continue the maintenance and operations of the City of Avalon’s Wastewater System for a 6-month period at a 3% CPI adjusted rate.
ADJOURN
NOTICE OF POSTINGI, Devin Elise Hart, declare that the City Council Agenda for Tuesday, November 5, 2024 was posted on Friday, November 1, 2024 on the City’s website, www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 5, 2024 AGENDA ITEM: 1
ORIGINATING DEP: City Clerk CITY MANAGER: Apç
PREPARED BY: Gabrielle Morones, City Clerk
SUBJECT: City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the October 22, 2024 regular City Council Meeting.
REPORT SUMMARY: Although the live recording is the official record of public meetings, minutes are prepared for the Council’s approval.FISCAL IMPACTS: N/A.
GOAL ALIGNMENT: Not Aligned.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A.
FOLLOW UP ACTION: File minutes in the City Clerk’s office.
ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.ATTACHMENTS:
1. October 22, 2024 regular City Council Meeting Minutes
AVALON CITY COUNCIL MEETING
TUESDAY, OCTOBER 22, 2024 — 5:00 PM
410 AVALON CANYON ROAD
MINUTES
CALL TO ORDER-5:00 pm.
ROLL CALL-Present via Teleconference and In-Person: Mayor Anni Marshall, Councilmembers Lisa Lavelle, Michael Ponce, Mary Schickling and Yesenia De La Rosa. Also present: City Manager David Maistros, City Attorney Scott Campbell and City Clerk Gabrielle Morones.
WRITTEN COMMUNICATIONS- City Staff received 2 written communications regarding Item #6. Appeal of Planning Commission Action No. 24-08 of PC#2842 Approving a Site Plan, Conditional Use Permit, Variance and Coastal Development Permit at 301 Beacon Street. Written communications were distributed to City Council and are filed in the City Clerk’s office.
PRESENTATION — Robert Greenlaw provided a presentation regarding findings from the Elbow Demo at the intersection of Pebbly Beach Road and Crescent Avenue, and discuss next steps as we move toward the next visitor season.
CONSENT CALENDAR-There were 4 Items on the Consent Calendar. Motion to approve Items #1-#4 made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
1. City Council Minutes
Approved minutes from the October 1, 2024 regular City Council Meetings.
2. Warrants
Approved warrants from the US General Fund in the amount of $1,485,869.77, one payroll totaling $264,772.82, three electronic fund transfers totaling$95,062.52 for a total expenditure of $1,845,705.11 for September 23, 2024 through October 4, 2024.
3. Fiscal Year 2024-2025 First Quarter Treasurer’s Report Adopted Resolution No. SA 24-38 of the City Council of the City of Avalon/Successor Agency to the Avalon Community Improvement AgencyAdopting the Treasurer’s Investment Report for Fiscal Year 2024/2025 First Quarter.
4. Authorize the Purchase of SCBAs
Authorized the procurement of MSA Gi Deluxe Custom Harness packs, bottles and accessories for a not-to-exceed sum of $400,000 as budgeted in the Fiscal Year 2024-25 Capital Improvement Plan - Project Number 244501.
CITY COUNCIL MINUTES
OCTOBER 22, 2024
PAGE 2
PUBLIC HEARING
5. Fiscal Year 2024-2025 Miscellaneous Fee Schedule Revisions
1. City Council heard a presentation regarding the Miscellaneous Fee Schedule.
2. Mayor Marshall opened the Public Hearing, no comments were made. 3.
Mayor Marshall closed the Public Hearing. 4. Adopted the fee schedule as proposed and adopted Resolution No. 24-39 of the City Council of the City of Avalon Setting Fees for Services, Facilities and Activities of the City of Avalon for Fiscal Year 2024-25.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
6. Appeal of Planning Commission Action No. 24-08 of PC#2842 Approving a Site Plan, Conditional Use Permit, Variance and Coastal Development Permit at 301 Beacon Street
1. Mayor Marshall opened the Public Hearing. 2. Public Comments were heard.
3. Mayor Marshall closed the Public Hearing. 4. City Council considered the appeal and selected option: d) To set the matter for hearing before itself, considered de novo (Avalon Municipal Code (AMC) Section 9-8.601).
The de novo hearing will be scheduled for the November 5, 2024 City Council meeting. City Council has requested that the applicant/developer Mike Flynn provide a complete set of plans (site plan, floor plan, elevation, etc.), edit language to reflect that the rooftop deck is to be used for hotel guests and is notintended for the general public, and to provide designated parking and loading area options (i.e. on-street parking, curb-cut parking, and/or off-street parking).
Motion to approve made by Lisa Lavelle, seconded by Mary Schickling. (All Ayes)
GENERAL BUSINESS
7. Coyote Joe’s Outdoor Patio Lease Assignment
Authorized the assignment of the lease for city-owned real property at 113 Catalina Avenue from Seabring Inc., dba Coyote Joe’s Restaurant to Coyote Joe’s Bar and Restaurant, LLC.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
CITY COUNCIL MINUTES
OCTOBER 22, 2024
PAGE 3
8. Cabrillo Mole Rehabilitation Phase II Pre-Construction Stage 0
1. City Council heard a presentation regarding Construction Stage 0 of Phase II of the Cabrillo Mole Rehabilitation Project. 2. Authorized the implementation ofStage 0 of the Cabrillo Mole Rehabilitation Project including approval of the Cabrillo Mole Temporary Facility Plan, four step procurement process, administrative procedure for existing tenants at the Cabrillo Mole, and approval of the site plan. 3. Made the affirmative finding that the City has made its best effort to relocate the tenants at the Cabrillo Mole, and suitable facilities for the Catalina Island Company’s ticket booth, Island Enterprises’ ticket booth and storage area, Catalina ATM, Inc., and Fish Feeder business cannot be accommodated. 4.
Delegated authority to the City Manager to negotiate and execute reasonable rent agreements with tenants that will be relocated to temporary facilities during construction including the Avalon Blue Line Baggage, Catalina Express, Catalina Passenger Services (Flyer), and Eli’s Island Deli.
Motion to approve made by Lisa Lavelle, seconded by Yesenia De La Rosa. (All Ayes)
9. Five Corner Pedestrian Improvements Proect Contract Award
1. Authorized the City Manager to execute a contract with Jordhal Construction, Inc. for the completion of the Five Corners Pedestrian Improvement Project for a base scope not-to-exceed sum of $4,737,805. 2. Authorized the City Manager to amend the construction contract to approve construction line items once a scopeof work, to be proportionally reimbursed by third-party entities, is finalized for a not-to-exceed amount equal to a reimbursement agreement amount. 3.
Authorized the City Manager, at his discretion, to amend the construction contract to approve additive items for a not-to-exceed sum of $350,000 fordevelopment items associated with a future workforce housing project.
Motion to approve made by Michael Ponce, seconded by Lisa Lavelle.(All Ayes) BREAK 8:05 p.m-8:10 p.m.
10. Options for City Council in Considering Tenant Protection and Rent Control Measures
City Council directed staff to conduct a study session and wait for the outcome of the November election in regards to Proposition 33. City staff will evaluate and report back on local options to the City Council at a later date.
CITY COUNCIL MINUTES
OCTOBER 22, 2024
PAGE 4
Mayor Marshall adjourned the meeting at 8:27 p.m.
I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on October 22, 2024, is the official record of the Council Meetingand is on file and maintained in City Hall.
Gabrielle Morones, City Clerk
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 5, 2024 AGENDA ITEM: ________ ORIGINATING DEP: Finance CITY MANAGER: SWI PREPARED BY: Matthew Baker, Finance Director
SUBJECT: Warrants
RECOMMENDED ACTION(S): Approve total expenditures for October 7, 2024 through October 25, 2024 totaling $1,983,048.00.REPORT SUMMARY: These disbursements through October 25th are comprised of warrants from the US Bank General Account totaling $1,531,798.63, one payroll totaling $261,493.87, and other electronic fund transfers totaling $189,755.50.
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 38785- 38849 346,586.56 10/11/24 GF US BANK WARRANTS CK# 38850 -38918 1185,212.07 10/25/24 PAYROLL 261,493.87 10/18/24EFT -CALPERS MEDICAL 94,688.17 10/08/24EFT -CALPERS RETIREMENT 44,518.69 10/18/24 EFT -CALPERS RETIREMENT 44,723.19 10/23/24EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,825.45 10/25/24 TOTAL DISBURSEMENTS $1,983,048.00
GOAL ALIGNMENT: Ongoing meeting of City obligations.
FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY24-25 Budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: N/A
FOLLOW UP ACTION: N/A
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS: Audit Certificate, Warrant Lists, US Bank Detail
CITY OF AVALON
OCTOBER 7 - OCTOBER 25, 2024 DISBURSEMENTS
November 5, 2024
ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CKU 38785 - 38849 $346,586.56 10/11/24 GF US BANK WARRANTS CK# 38850- 38918 $1,185,212.07 10/25/24 PAYROLL 261,493.87 10/18/24
EFT - CALPERS MEDICAL 94,688.17 10/08/24
EFT- CALPERS RETIREMENT 44,518.69 10/18/24
EFT - CALPERS RETIREMENT 44,723.19 10/23/24EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 5,825.45 10/25/24 TOTAL DISBURSEMENTS $ 1,983,048.00
CERTIFICATE
IN ACCORDANCE WITH SECTION 32702
OF THE GOVERNMENT CODE, I CERTIFY
THAT THE ABOVE DEMANDS ARE ACCURATEAND THAT FUNDS ARE AVAILABLE FOR PAYMENT.
I CERTIFY UNDER PENALTY OF PERJURY
APPROVED AND AUDITED THIS THAT THE FOREGOING IS TRUE AND5th DAY OF NOVEMBER 2024 CORRECT.
EXECUTED THIS 5th DAY OF NOVEMBER 2024
AUDIT COMMITTEE MICHAEL PONCE
FINANCE DIRECTOR - MATTHEW BAKER
AUDIT COMMITTEE - MARY SCHICKLING
CITY OF AVALON
WARRANT DISBURSEMENTS
November 5, 2024
$ 346,586.56
AAA OIL, INC
AIR SOURCE INDUSTRIESAMAZON CAPITAL SERVICES, INC.
VESTIS
AVALON FREIGHT SERVICES, LLC
BARRAGAN, JOSE
BEYOND SOFTWARE SOLUTIONSBOUND TREE MEDICAL
BUTTE, JAM ES
CART MART, INC.CART MART, INC.CATALINA BEVERAGE CO
CATALINA CANYON INN
CATALINA EXPRESSCATALINA EXPRESS
CATALINA ISLAND COMPANYCATALINA ISLAND INN
CATALINA ISLAND JANITORIALCATALINA ISLAND MEDICAL CENTER CATALINA ISLANDERCHEROKEE CHEMICAL CO. INC.
C ICC S/IAPCIRCUIT TRANSIT, INC.
CIRCUIT TRANSIT, INC.CO. OF LOS ANGELES SHERIFF’S DEPT.
CONNOLLY PACIFIC CO.COOK, AMANDA
DEWEY PEST CONTROLDION & SONS MARINE FUELS INC
EDISON
GALLS, LLC
GANAHL LUMBER COMPANY
GLOBAL EQUIPMENT COMPANYGRAINGER
HERNANDEZ, JEFFREY
HOME DEPOT CREDIT SERVICESLUPO, KARLA
ICC GENERAL CODE, INC.INDUSTRIAL TIRE SERVICE
JORDAHL CONSTRUCTION
KESSENICH CONSULTING LLC
KONA TEES SCREENPRINTING & EMBROID
LAWSON PRODUCTSLEYVA, ARACELYLEYVA, JORGE
LINDE GAS & EQUIPMENT INC.MCDONALD, AUDRA
MCMASTER-CARR
MCNICHOLS COMPANY
SULLIVAN, S4AHHESV
MM INTERNET, INC.MRS T’S CHINESE KITCHEN
MUNICIPAL EMERGENCY SERVICES, INC.NAPA AUTO PARTS
NETMOORINGPARTNER ASSESSMENT CORPORATION
PEERLESS MATERIALS COMPANY
QUILL CORP
HERTEL SALDANA, GABRIEL
SIRIA’S CLEANING SERVICESUPERION, LLC
ELIE AARON LIPSOH
TOWNSEND PUBLIC AFFAIRS, INC
UNDERGROUND SERVICE ALERT/SC
CORPORATE PAYMENT SYSTEMS
WESTON INDUSTRIES, INC.WESTRIDGE ENVIRONMENTAL GROUPWILDFIRE ARTS COLLECTIVE LLC
DESCRIPTION
FUEL: ALL DEPARTMENTS
SUPPLIES: FIRESUPPLIES: ALL DEPARTMENTS
UNIFORMS: PUBLIC WORKSFREIGHT: ALL DEPARTMENTS
REIMBURSEMENT 0/P COSTS
CONTRACT SERVICES: ITSUPPLIES: FIRE
REIMBURSEMENT: 0/P COSTS
SERVICE: TRANSITSERVICE GARAGE
SUPPLIES: ALL DEPARTMENTS
LODGING: CIP 205019
TRAVEL: ALL DEPARTMENTS
SUBSIDY: 09/2024
RENT: 10/2024LODGING: CIP 205019
SERVICE: ADMINISTRATIONEE SCREENING: ALL DEPARTMENTS
ADVERTISING: ALL DEPARTMENTSSUPPLIES: WWTP
SERVICE: ADMINCONTRACT SERVICES: 09/2024
FAREBOX: 09/2024
WATERFRONT PATROL: 07/2024SERVICE: CIP 205002
RETIREE INSURANCE: 08/2024- 10/2024SERVICE: HARBOR
FUEL: HARBOR
UTILITIES: ALL DEPARTMENTSUNIFORMS: FIRE
SUPPLIES: PUBLIC WORKS
SUPPLIES: SAFETY
SUPPLIES: FIRE & PUBLIC WORKSREIMBURSEMENT 0/P COSTSSUPPLIES: PUBLIC WORKS & RECREATION
SERVICE RECREATIONSERVICE ADMINISTRATION
SUPPLIES: PUBLIC WORKSTIRE DISPOSAL
UNIFDRMS
UNIFORMS
SUPPLIES: MAINTENANCE
REFUND: DEPOSITREFUND: DEPOSIT
SUPPLIES: PUBLIC WORKS
RETIREE INSURANCE: 10/2024
SUPPLIES. PUBLIC WORKSSERVICE: PUBLIC WORKSSERVICE: PUBLIC WORKS SERVICE: ITSENIOR MEALS: 07/2024-09/2024
PERSONAL PROTECTION EQUIPMENT
SUPPLIES: GARAGE
SERVICE: HARBOR
SERVICE: ADMINISTRATIONSUPPLIES: HARBORSUPPLIES: ALL DEPARTMENTS SUPPLIES: FIRE
1ST HALF 10/2024
SOFTWARE LEASE: FINANCE
SERVICE: ADMINISTRATION
CONTRACT SERVICES: 09/2024SERVICE: PUBLIC WORKS
SEE ATTACHED DETAILSUPPLIES: HARBOR
SUPPLIES: WWTP
TALENT: FALL FEST
NAME
CHECKNUMBER
38785
387863878738788
3878938790
38791
387923879338794
38794
3879538796
38797
3B7973879838799
38B00
38801
3880238803
3880438805
38805
388063880738808
388093881038811
388123881338814
38815
3881638817
38818
388193882038821
38822
3882338824
388253882638827
38828
38829
38830
3883138832
38833
38834
38835
388363883738838
3883938840
388413884238843
38844
38845
388463884738848
38849
DATE
ISSUED
10/11/2024
10/11/202410/11/2024
10/11/202410/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/202410/11/202410/11/2024
10/11/202410/11/202410/11/2024
10/11/202410/11/2024
10/11/202410/11/2024
10/11/2024
10/11/202410/11/2024
10/11/2024
10/11/202410/11/2024
10/11/202410/11/202410/11/2024
10/11/202410/11/202410/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/202410/11/2024
10/11/202410/11/202410/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/202410/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/202410/11/202410/11/2024
10/11/202410/11/202410/11/2024
10/11/202410/11/2024
10/11/2024
10/11/2024
10/11/2024
10/11/2024
AMOUNT
3,105.64
88.20 9,003.66
54.99 3,436.67
133.96
716.00
9S2.B1
2,024.61
1,483.18
5,121.85
3,163.82
1,605.51
460.00
66,723.30
22,341.00
1,740.15
300.00
556.73
S70.00
5,282.27
219.65
55,716.46
(9,720.00)
11,679.11
7,788.00
871.95
64.00 1,280.49
51,441.86
757.17
2,923.17
618.30
1,797.07
62.00 6,601.27
680.00
1,195.00
136.00
138.25
449.00
715.46228.55
200.00200.00
425.66627.78
170.04
2,026.45
12,200.00
344.10
912.00
20,363.17
8E8.OS
200.00S00.00
91.09 1,213.59
1,675.81
9,357.914,105.30
11,525.00
5,000.00
35.90 1,311.22
492.75
6,883.63
1,40000
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID OCTOBER11, 2024
November 5, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENT CARSTARPHEN 8/19/2024 2419 CHETS HARDWARE SUPPLIES: OFFICE HARBORCARSTARPHEN 8/19/2024 9.66 CHET’S HARDWARE SUPPLIES: SMALL TOOLS HARBOR CARSTARPHEN 9/9/2024 737.45 DATATEL COMMUNICATIONS BANK AND CREDIT CARD FEES HARBOR CARSTARFHEN 9/9/2024 520.92 DATATEL COMMUNICATIONS BANK AND CREDIT CARD FEES HARBORCARSTARPHEN 9/11/2024 19.00 SENDHUB SMS SUBSCRIFTION COMMUNICATIONS HARBOR $ 1,311.22 CHECK NUMBER 3BB4B
Fage 1 of 1
CITY OF AVALON
WARRANT DISBURSEMENTS
November 5, 2024
AAA OIL, INCALEGRIA, MICHAELALLIED PAVING CO.
AMAZON CAPITAL SERVICES, INC.AMAZON CAPITAL SERVICES, INC.AMERGENT TECHS. INCARROYO INSURANCE SERVICESAT & TCR&R INCORPORATED
CR&R INCORPORATED
AVALON FREIGHT SERVICES, LLCAVALON MOORING & DIVINGAVALON SHOREBDAT SERVICE CORP.
B & H PHOTOBEST, BEST & KRIEGER, LLPBEYOND SOFTWARE SOLUTIONS
CATALINA BEVERAGE COCATALINA BOATYARD INCCATALINA BROADBAND SOLUTIONSCATALINA CHAMBER OF COMMERCE
CATALINA EXPRESSCATALINA ISLAND MEDCATALINA ISLAND MEDCATALINA ISLAND MED
CATALINA ISLANDER
CATALINA YAMAHA
CO. OF LOS ANGELES SHERIFFS DEPT.
COLLINS COLLINS MUIR & STEWARD, LLPCREATIVE SIGN, INC
DAPEER, ROSENBLIT & LITVAK,LLPDELL MARKETING L.P.DELTA DENTAL
DEPARTMENT OF JUSTICEDEWEY PEST CONTROLDION & SONS MARINE FUELS INC EDISON
FIDELITY SECURITY LIFE INSURANCE
GALLS, LLCGALLS, LLC
GRAINGER
HARRINGTON INDUSTRIAL PLASTICS LLC
HDL COREN & CONELORENZO HERNANDEZ REYESHOFFMANN, EDWARD C.HSI EMERGENCY CARE SOLUTIONS, INC
NTERCRUISES SHORESIDE & PORT SERVI
JORDAHL CONSTRUCTION
LAWSON PRODUCTSLINDE GAS & EQUIPMENT INC.MARINE DIESEL SERVICES, INC.
MASAISLAND EXPRESS HELICOPTERS INC.NAPA AUTO PARTSNORTHERN TOOL & EQUIPMENT CATALOG H
ORIGINAL ANTONIOS PIZZERIA
PERC WATERPERC WATER
QUILL CORP
RICOH AMERICAS CORPRICOH USA, INC.
RSG, INCRSG, INC
SAGECREST PLANNING & ENVIRONMENTAL
SIRIA’S CLEANING SERVICE
SPECIALTY DOORSSTANDARD INSURANCE COMPANYCORPORATE PAYMENT SYSTEMSCORPORATE PAYMENT SYSTEMSCORPORATE PAYMENT SYSTEMS
DESCRIPTION
FUEL: ALL DEPARTMENTSREIMBURSEMENT 0/P COSTS
VOID: CHECK ERRORVOID: MULTIPLE STUB CHECK
SUPPLIES: ALL DEPARTMENTS
SERVICE: HARBOR
INSURANCE POLICY: FY 202S
COMMUNICATIONS: ALLSWEEPER: 09/2024
CONTRACT SERVICES: 09/2024
FREIGHT: ALL DEPARTMENTS
SERVICE: HARBOR
CONTRACT SERVICES: 11/2024
SUPPLIES: ADMINISTRATION
LEGAL FEES: 09/2024
CONTRACT SERVICES: IT
SUPPLIES: ALL DEPARTMENTS
SERVICE: HARBORSERVICE: PUBLIC WORKS
TOT: 11/2024
TRAVELL: SHERIFFS
SALES TAX PASS THRU: 01-2023SALES TAX PASS THRU: 04-2023SALES TAX PASS THRU: 07/2024ADVERTISING: ALL DEPARTMENTS SUPPLIES: GARAGE
RESIDENT DEPUTY: 09/2024
LITIGATION COSTS
SUPPLIES: PUBLIC WORKSSERVICE: VEHICLES
SUPPLIES: IT
DENTAL: 10/2024
SERVICE: ADMINISTRATIONSERVICE: ALL DEPARTMENTS
FUEL: HARBORUTILITIES: ALL DEPARTMENTS
VISION: 10/2024SUPPLIES: PUBLIC WORKS
UNIFORMS: FIRE
SUPPLIES: PUBLIC WORKS
SUPPLIES: PUBLIC WORKSSERVICE: FINANCESERVICE: FIRESERVICE: FALL FIST TRAINING: FIRE
REFUND: WHARFAGE
TIRE DISPOSAL
SUPPLIES: GARAGE
SUPPLIES: WELDING
SERVICE: HARBOR
DUES: 09/2024 - 11/2024
FREIGHT: PUBLIC WORKSSUPPLIES: GARAGESUPPLIES: PUBLIC WORKSSENIOR MEALS: 06/2024 - 10/2024CONTRACT SERVICES: 09/2024 MONTHLY MAINT: 09/2024
SUPPLIES: ALL DEPARTMENTSCOPIER LEASE: PLANNINGCOPIER LEASE: PLANNINGSERVICE: SUCCESSOR AGENCY SERVICE: HOUSING AUTHORITY
CONTRACT SERVICES: PLANNING
2ND HALF 10/2024
SERVICE: FIRELIFE INSURANCE: 10/2024
VOID: MULTIPLE STUB CHECKVOID: MULTIPLE STUB CHECK
SEE ATTACHED DETAIL
CONTRACT SERVICES: 10/2024
NAME
CHECKNUMBER
38850388513885238853
38854388553885638857
388S838858388593886038861
3886238863388643886S
38866
3886738868
388693887038870388703887138872
3887338874388753887638877
38878388793888038881
38882
3888338884388843888538886
388873888838889
3889038891
38892
3889338894388953889638897
38898
388993890038901389013890238903
3890438905389053890638907
389083890938910389113891238913
DATE
ISSUED
10/25/2024
10/25/2 02410/2S/202410/25/202410/25/2024
10/25/202410/25/202410/25/2024
10/25/2024
10/25/2024
10/25/202410/25/2024
10/25/202410/25/2 024
10/25/202410/25/202410/2S/2024
10/25/202410/25/202410/2S/202410/25/2024
10/25/2024
10/2S/2024
10/2S/20241O/2S/202410/ZS/202410/25/202410/25/2024
10/25/202410/25/2024
10/25/202410/25/2024
10/25/202410/25/202410/25/202410/25/202410/25/2024
10/25/202410/25/202410/25/202410/25/2024
10/25/202410/25/202410/25/202410/25/202410/25/2024
10/25/2024111/25/202410/2S/2024
10/25/202410/25/2024
10/2S/2024
10/25/202410/25/2024
10/25/2024
10/25/202410/25/202410/25/202410/25/202410/25/202410/25/2024 10/2S/202410/25/202410/25/202410/25/202410/25/202410/25/2024 10/25/202410/25/2024
10/25/2024
AMOUNT
2,237.32
256.99
682.57
4,920.64
1,100.00
30,573.42
1,476.60
5,934.46
181,499.92
1,865.55
2,876.65
24,083.33
830.99
12,313.29
4,691.00
2,228.992,021.49
49.95 137,500.00
92.00 54,619.78
S9,852.82
84,092.49
208.00906.39
171462.87
900.00
156.20
2,150.851,973.87
7,042.15
32.00 778.00
963.07
82.78 1,108.72
226.31
529.85772.47
159.37
695.00
4,800.00
600.00
445.50
14,437.50
934.00
37.18 405.15
5,344.402,755.50
55.26 240.45
449.34
1,024.00
149,670.55113,992.35
849.31908.90
1,463.81
3,293.75
3,293.75
10,406.96
9,357.91
2,616.35
1,205.89
29,140.42
18,750.00 VEGA, EDMUNDO
CITY OF AVALON
WARRANT DISBURSEMENTS
November 5, 2024
CHECK DATE
NUMBER ISSUED AMOUNT NAME DESCRIPTION
38914 10/25/2024 2,223.87 VERIZON WIRELESS COMMUNICATIONS: ALL 38915 10/25/2024 64.00 WELZEL, HAROLD REFUND: MOORING FEE38916 10/25/2024 24.21 WEST MARINE PRO SUPPLIES: HARBOR 38917 10/2S/2024 62.18 WITMER PUBLIC SAFETY GROUP, INC. SUPPLIES: FIRE38918 10/25/2024 411.43 XEROX CORPORATION COPIER LEASE: ADNIIN $1,185,212.07
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID OCTOBER 25, 2024
November 5, 2024
LAST NAME POST DATE AMT USD VENDOR DESCRIPTION DEPARTMENTBAKER 9/18/2024 200.00 CSMFO TRAINING FINANCEBAKER 10/4/2024 3B3.OS ZOOM OPERATION COSTS: IT FINANCEBAKER 10/11/2024 15.47 VONS SUPPLIES: SPECIAL EVENT (HALLUWEEN( FINANCE GREENLAW 9/2G/2G24 52.94 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: PUBLIC WORKS CIP 2DSD1B PUBLIC WORKSGREENLAW 9/24/2024 7,049.56 BEYOND STEEL INC SUPPLIES: PUBLIC WORKS CIP 2OS014 PUBLIC WORKSOREENLAW 9/26/2024 15.39 CHET’S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKSGREENLAW 10/4/2024 2,9B5.O0 STATE WATER BOARD APPLICATION FEES: PUBLIC WORKS CIP 190001 PUBLIC WORKSGBEENLAW 10/4/2024 B2.09 STATE WATER BOARD APPLICATION FEES: PUBLIC WORKS CIP 190001 PUBLIC WORKS DAVID HART 9/19/2024 53.98 VONS SUPPLIES: SPECIAL EVENT (SENIOR PROGBAM( RECREATIONDAVID HART 9/20/2024 154.97 VONS SUPPLIES: SPECIAL EVENT (SENIOR PBOGBAM( RECREATIONDAVID HART 9/27/2024 347.SG CATALINA EXPRESS TRAVEL: DANCE CONTRACT SERVICES RECREATIONDAVID HART 9/30/2024 130.00 LOVE CATALINA ISLAND CHAMBER TRAINING RECREATION DAVID HART 10/4/2024 24.17 VONS SUPPLIES: SPECIAL EVENT (HALLOWEEN( RECREATIONDAVID HART 10/7/2024 13.19 VONS SUPPLIES: SPECIAL EVENT (HALLOWEEN( RECREATIONDAVID HART 10/11/2024 1,029.21 DISPLAYS2GO SUPPLIES: SEPCIAL EVENT RECREATIONDAVID HART 10/14/2024 80.29 VONS SUPPLIES: SPECIAL EVENT (HALLOWEEN( RECREATIONDAVID HART 10/14/2024 10.44 CHEF’S HARDWARE SUPPLIES: SEPCIAL EVENT BEEBEATIONDAVID HART 10/14/2024 8.79 VONS SUPPLIES: SEPCIAL EVENT RECREATION DAVID HART 10/14/2024 79.41 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: SEPCIAL EVENT RECREATIONDAVID HART 30/14/2024 10.00 AVALON LAUNDRY SERVICE: CLEANING TABLE LINEN RECREATIONDAVID HART 10/15/2024 141.00 CATALINA EXPRESS TRAVEL: DANCE CONTRACT SERVICES BECREATIONDAVID HART 10/15/2024 13S.O0 CATALINA EXPRESS TRAVEL: SPECIAL EVENT (FIRE OANCERS( RECREATIONDAVID HART 10/15/2024 1,342.93 DISPLAYS200 SUPPLIES: SEPCIAL EVENT RECREATION FRANCIS 9/19/2024 184.00 CATALINA EXPRESS TRAVEL: MAYOB/ COUNCIL ADMINISTRATIONFRANCIS 9/30/2024 120.00 DUD.COM SUBSCRIPTION: IT ADMINISTRATION FRANCIS 10/2/2024 223.30 ISLAND THBEADZ UNIFORM: EMBROIDERY ADMINISTRATIONFRANCIS 10/3/2024 (16.54( FOOTWEAB-DECKEBS CORP CREDIT: TRAFFIC SAFETY UNIFORMS ADMINISTRATIONFRANCIS 10/3/2024 (11.O2( FOOTWEAB-DECKERS CORP CREDIT: TRAFFIC SAFETY UNIFORMS ADMINISTRATIONFRANCIS 10/7/2024 45.07 VISTAPRINT SUPPLIES: IT (BUSINESS CAROS( ADMINISTRATION FRANCIS 10/9/2024 101.18 VISTAPBINT SUPPLIES: RESOURCE FAIR ADMINISTRATIONGILBERT 9/17/2024 35.62 AMAZON SUPPLIES: OFFICE PLANNING & BUILDINGGILBERT 9/23/2024 88.57 EBAY SUPPLIES: MAINTENANCE OF PREMISES HARBOR GILBERT 9/23/2024 260.44 EBAY SUPPLIES: MAINTENANCE OF PREMISES HARBOR GILBERT 9/23/2024 65.99 AMAZON SUPPLIES: OFFICE PLANNING & BUILDINGGILBERT 10/7/2024 61.55 CHET’S HABOWABE SUPPLIES: MAINTENANCE OF PREMISES PLANNING & BUILOINGGILBERT 10/7/2024 150.00 BEST BEST ANO KRIEGEB LLP TRAINING PLANNING & BUILDINGGILBERT 10/9/2024 22.73 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PLANNING & BUILDINGGILBERT 10/10/2024 140.00 EBAY SUPPLIES: MAINTENANCE OF PREMISES HARBORGILBERT 10/14/2024 (43.99( CHET’S HARDWARE CREDIT: TRAFFIC SAFETY UNIFORMS PLANNING & BUILDING GILBERT 10/14/2024 57.18 CHET’S HARDWARE SUPPLIES: PUBLIC WORKS CIP 207014 PLANNING & BUILDING HMIELAK 10/4/2024 25.28 CHIT’S HARDWARE SUPPLIES: OFFICE PUBLIC WORKSHMIELAK 10/9/2024 225.13 TRI STAB INDUSTRIAL SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WOBKSHMIELAK 10/14/2024 17.S8 CHIT’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS HMIELAK 10/14/2024 996.42 CHET’S HARDWARE SUPPLIES: PUBLIC WORKS CIP 207014 PLANNING & BUILDING J. HEBNANDEZ 9/17/2024 23.58 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANEFEZ 9/18/2024 29.66 CHET’S HABOWABE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOEZ 9/18/2024 14.28 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOET 9/19/2024 16.38 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOET 9/23/2024 58.23 CHIT’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS J. HEBNANOEZ 9/23/2024 23.06 CHIT’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOEZ 9/23/2024 37.81 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HERNANOEZ 9/23/2024 16.S0 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOEZ 9/27/2024 72.27 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: PARK FACILITIES PUBLIC WORKSJ. HEBNANOEZ 10/2/2024 14.60 UPS SHIPPING SUPPLIES: VEHICLE EOUIPMENT PUBLIC WORKSJ. HEBNANOEZ 10/4/2024 41 20 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOEZ 10/7/2024 58.00 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOEZ 10/7/2024 30.99 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOEZ 10/7/2024 26.38 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSi. HEBNANDEZ 10/7/2024 52.77 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSi. HERNANDEZ 10/9/2024 48.06 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE TBEMONT HALL PUBLIC WORKS J. HERNANDEZ 10/10/2024 81.06 CHIT’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS J. HEBNANOEZ 10/10/2024 89.38 CHIT’S HARDWARE SUPPLIES: SMALL TOOLS PUBLIC WORKS i. HEBNANOEZ 10/14/2024 28.97 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS J. HEBNANOEZ 10/15/2024 52.32 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKSJ. HEBNANOEZ 10/1S/2O24 13.29 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES PUBLIC WORKS MEFFERT 1O/OS/2O24 12.39 AMAZON SUPPLIES: PARTS FIREM. J. ALEGBIA 9/19/2024 10.00 CATALINA ISLAND CHAMBER BUSINESS MIXER FIREM. J. ALEGBIA 9/20/2024 347.50 CATALINA EXPRESS TRAVEL: BOAT FIREM. i. ALEGRIA 9/27/2024 891.95 POSITIVE PROMOTIONS SUPPLIES: JR FIRE CHIEF HAT FIREM. J. ALEGRIA 10/10/2024 16.52 VUE GRILLE & BAR INDIAN WELLS TRAVEL: MEAL FIRE M. 1. ALEGRIA 10/10/2024 4,720.00 FDIC JFMS TRAINING: REGISTRATION FIRE PaBe 1 of 2
CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID OCTOBER 25, 2024
November 5, 2024
LAST NAME POST DATE AMT USD VENDOR
$ 29,140.42 CHECK NUMBER 38910-38912
DESCRIPTION DEPARTMENT
CARSTARPHEN 9/17/2024 526.69 CERTEX WILMINGTON SUPPLIES: MOORING MAINTENANCE HARBORCARSTARPHEN 9/30/2024 12.09 VONS SUPPLIES: OFFICE HARBORCARSTARPHEN 10/4/2024 616.82 DATATEL COMMUNICATIONS BANK AND CREDIT CARD FEES HARBOR CARSTARPHEN 10/8/2024 146.95 SF INUNISONAPPAREAL UNIFORMS HARBORCARSTARPHEN 10/8/2024 1,998.48 BEST ACCESSDOORS.COM SUPPLIES: MAINTENANCE OF PREMISES HARBORCARSTARPHEN 10/11/2024 19.00 SENDHUB SMS SUBSCRIPTION COMMUNICATIONS HARBOR P.HERNANDEZ 9/26/2024 13.19 CHETS HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCEP.HERNANDEZ 9/26/2024 24.72 CHETS HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCE P.HERNANDEZ 10/3/2024 457.43 PEBBLY BEACH BUILDING SUPPLY SUPPLIES: MAINTENANCE OF PREMISES CIP 207003 HARBOR MAINTENANCEP.HERNANDEZ 10/10/2024 60.49 CHET’S HARDWARE SUPPLIES: SMALL TOOLS HARBOR MAINTENANCEP.HERNANDEZ 10/14/2024 8.65 CHET’S HARDWARE SUPPLIES: MAINTENANCE OF PREMISES HARBOR MAINTENANCERUBID 9/23/2024 339.32 BOBCAT COMPANY SUPPLIES: VEHICLE MAINTENANCE GARAGERUBID 9/27/2024 20.88 CHET’S HARDWARE SUPPLIES: VEHICLE MAINTENANCE GARAGERUBIO 9/30/2024 37.27 CHETS HARDWARE SUPPLIES: VEHICLE MAINTENANCE GARAGE RUBIO 9/30/2024 78.07 CHETS HARDWARE SUPPLIES: VEHICLE MAINTENANCE GARAGERUBIO 10/7/2024 42.01 CHETS HARDWARE SUPPLIES: VEHICLE MAINTENANCE GARAGERUBIO 10/14/2024 354.56 HARBOR FREIGHT TOOLS SUPPLIES: VEHICLE MAINTENANCE GARAGERUBIO 10/14/2024 126.77 NAPA AUTO PARTS SUPPLIES: VEHICLE MAINTENANCE GARAGE CAMPBELL 10/7/2024 323.94 CHECKR, INC SERVICE: BACKGROUND ADMINISTRATIONCAMPBELL 10/14/2024 14.99 CANVA SUBSCRIPTION: IT ADMINISTRATION
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 5, 2024 AGENDA ITEM: 3
ORIGINATING DEP: Public Works CITY MANAGER: _______ PREPARED BY: Jamie Hmielak, Maintenance Superintendent SUBJECT: Authorize the purchase of a new lsuzu NRR utility truck with Switch-N-Go flatbed and dump bed system.
RECOMMENDED ACTION(S): 1. Authorize City Manager, or their designee, to purchase a 2024 Isuzu NRR with Switch-N-Go flatbed and dump bed system from Freeway Isuzu located inCorona, CA. 2. Amend the budget to increase the Vehicle Replacement Fund (13825-6781) by $15,000 to allocate funds for the procurement of the vehicle in the amount not to exceed$1 25,000.
REPORT SUMMARY: The Public Works Department requires dependable and versatile vehicles to maintain city infrastructure. Our current large flatbed utility truck is a 2006 Ford LCF model truck, and is no longer functioning due to several engine & transmission issues. Fordno longer makes parts for this model truck making it very difficult, if not impossible, to repair.
This truck was previously approved for surplus back in September. After evaluating available options, City Staff identified the 2024 Isuzu NRR truck with the Switch-N-Go system as a costeffective and practical solution for addressing multiple departmental needs with a single,adaptable vehicle.
The 2024 Isuzu NRR truck was selected for its reliability, fuel efficiency, and compatibility with the Switch-N-Go system. The Switch-N-Go system is a detachable body system that allows operators to interchange various bed types, including a flatbed and a dump bed. This capability is essential for our operations, enabling efficient transport of materials, debris, and equipment.Key benefits of this truck include:
• Versatility: The Switch-N-Go system provides adaptability for different jobs, reducing the need for multiple vehicles.
• Cost Savings: By utilizing one vehicle with multiple bed configurations, the department can streamline its fleet, reducing fuel and maintenance expenses. • Efficiency: Rapid bed interchange capabilities will decrease downtime between tasks, allowing Public Works staff to respond promptly to maintenance and operational needs.
Quotes were obtained from three lsuzu dealerships located in Southern California based on a chassis only version of the truck that includes the Switch-N-Go bed system. The following table shows the proposed cost per truck, which includes taxes and delivery fees. Freeway Isuzu was the only dealership that can install the Switch-N-Go system in-house. The other two dealerships must send the truck to a secondary service to install the Switch-N-Go system, both of which use a company called Enoven. Freeway Isuzu’s proposal was substantially less since they can install the system in-house This fulfills the purchasing procedure requirements under AMC Section 3-4.106 (a). Staff is requesting authority to purchase the truck at a not to exceed cost of $125,000, which includes the cost of barge fees to ship the truck to the island.
Company Location Proposed Cost
(with Switch-N-Go System)
Freeway Isuzu Corona, CA $119,901.34
Tom’s Truck Center Santa Ana, CA $134,376.50
Velocity Truck Centers Carson, CA $137,500.40
GOAL ALIGNMENT: Vehicle reliability & safety while improving City services.FISCAL IMPACTS: Amend funds in FY 24-25 Vehicle Replacement Fund 13825-6781 by $15,000 to allow procurement of the vehicle at a cost not to exceed $125,000.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: Public Works will remain without access to a large flatbed/utility truck which decreases efficiency within the department, and won’t allow the department to complete various tasks.
FOLLOW UP ACTION:. Complete the vehicle procurement following the City’s purchasing policy.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Quotes from three Isuzu Dealerships and Enoven quote.
FREEWAY ISUZU TRUCK
Andrew Payne 9516916948 I Andrew©FreewaylsuzuTruck.com
City of Avalon
Current report content is based on data as of 2024-10-24 08:47:03. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.
FREEWAY ISUZU TRUCK
Andrew Payne I 9516916948 I [email protected] City of Avalon #JALE5W162R7307296 (2024 NRR Cab Chassis, 3U3 150”WB, 127.5”CA, 19,500 GVWR. White, 30 Gallon Stainless Steel In-Rail Fuel Tank with power windows, power door locks and air conditioning Weight Distribution
Chassis Equipment:
Code Item
White, 30 Gallon Stainless Steel In-Rail Fuel Tank with power windows, power door locks and air conditioning
lF6 Fire Extinguisher and Triangle Kit mounted in rear organizer on standard cab and under rear seat on crew cab
141 30 Gallon Stainless Steel In-Rail Fuel Tank
Driver/Passengers:
Center of Gravity Front Axle
Center ofGravity
Front Rear
Axle Axle
0.00 lbs. 0.00 lbs.
19.00 lbs. 0.00 lbs.
0.00 lbs. 0.00 lbs.
Total
0.00 lbs.
19.00 lbs.
0.00 lbs.
Current report content is based on data as of 2024-1 0-24 08:47:03. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.
CA Driver/Passenger Weight 350.0 lbs.
Wheelbase (WB) 150 inches
Cab-to-Axle (CA) 127.5 inches
Body LengthBody WeightBack of Cab (BOC) 7.7 inches
t1
** You must fill in body length and weight to enable body and payload weight calculations.
WB
Front Wt. 4,657.00 lbs. 67%Rear Wt. 2,307.00 lbs. 33%GVWR 19,500.00 lbs.GVW 6,994.00 lbs.
Remaining Payload Weight 12,506.00 lbs.
Weight (lbs.) Front Rear Total
Chassis 4,318.00 2,307.00 6,625.00
Chassis Equipment 19.00 0.00 19.00Subtotal 4,337.00 2,307.00 6,644.00 Driver/Passengers 350.00 0.00 350.00
Body/Body Equipment 0.00 0.00 0.00Payload 0.00 0.00 0.00 Total 4,687.00 2,307.00 6,994.00
GAWR/GVWR 7,275.00 13,660.00 19,500.00GCWR 25,500.00
Driver front axle 350.00 lbs.
Rear Axle
0.00 lbs.
Total
350.0 lbs.
FREEWAY ISUZU TRUCK
Andrew Payne I 9516916948 I [email protected] City of Avalon #JALE5W162R7307296 (2024 NRR Cab Chassis, 3U3 150”WB, 127.5”CA, 19,500 GVWR. White, 30 Gallon Stainless Steel In-Rail Fuel Tank with power windows, power door locks and air conditioning Selected Model and Options
Code Description Weight MSRP
Model
3U3 NRR Cab Chassis 150”WB, 127.5”CA $71,076.00
54 White, 30 Gallon Stainless Steel In-Rail Fuel Tank $0.00 with power windows, power door locks and air
conditioning
Tires
15H LRR (low rolling resistance) 0.0 lbs. Inc.
Engine
I1B 4HK1-TC, diesel engine 317 CID (5.19L), 215 HP at 0.0 lbs. Inc. 2550 RPM: 452 ft-lb. gross torque at 1850 RPM. 4cylinder, 16 valve, four cycle, overhead cam, turbocharged, inter-cooled, water cooled EGR valve,direct injection, electronically controlled common railfuel system, engine cruise control function. Oil levelcheck switch and light. Engine Warning system with audible warning for low oil pressure, high coolant
temperature, and low coolant level.
Transmission
11W Aisin A465id 6-speed automatic transmission, 0.0 lbs. Inc.
Ratios: 3.742, 2.003, 1.343,
Wheelbase
IB1 150 inches 127.5”CA 0.0 lbs. Inc.
Air Cleaner
KNX Dry Paper single element. (Donaldson brand) Air 0.0 lbs. Inc. cleaner canister standard with air restriction indicator in the driver’s Multi-Information Display (MID).
Alternator
12C 140 AMP. with integral regulator. 0.0 lbs. Inc.
Battery
IX1 Dual 12-Volt maintenance free group 31 750 CCA 0.0 lbs. Inc. batteries with threaded posts
Exhaust
1X7 Single horizontal with DPFISCR exhaust system 0.0 lbs. Inc.
Front Axle
1Z6 “l”-beam rated at 7,275 lbs. Includes integral 0.0 lbs. Inc. hydraulic power steering. Ratio 18.8-20.9:1.
Front Suspension
1D8 8440 lbs. Capacity semi elliptical tapered leaf spring. 0.0 lbs. Inc.
Includes shock absorbers and stabilizer bar
Front Wheels
1B9 19.5” x 6”, 6-hole disc, painted white 0.0 lbs. Inc.
Front Tires
XTN/R3M 225/70R19.5F (12 ply) tubeless Radial, all season 0.0 lbs. Inc.
Rear Suspension
1D9 14,550 lbs. capacity. Semi-elliptical main and 0.0 lbs. Inc. auxiliary multi-leaf springs. Includes shockabsorbers.
Rear Axle
Current report content is based on data as of 2024-10-24 08:47:03. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.
Page Copyright (c) 2024 Isuzu Commercial Truck of America, Inc. Initial:
FREEWAY ISUZU TRUCK
Andrew Payne I 9516916948 Andrew@FreewaylsuzuTruck. corn City of Avalon #JALE5W162R7307296 (2024 NRR Cab Chassis, 3U3 150’WB, 127.5”CA, 19,500 GVWR. White, 30 Gallon Stainless Steel In-Rail Fuel Tank with power windows, power door locks and air conditioning Selected Model and Options
Code Description Weight MSRP
1D3 Single-speed, 14,550 lb. capacity with oil lubricated 0.0 lbs. Inc. rear wheel bearings.
Ratio
011 5.571:1 0.0 lbs. Inc.
Rear Wheels
ICI 19.5” x 6”, 6-hole disc, painted white 0.0 lbs. Inc.
Rear Tires
YTN/S3M 225/70R19.5F (12 ply) tubeless Radial, all season 0.0 lbs. Inc. tread.
Fuel Tank
141 30 Gallon Stainless Steel In-Rail Fuel Tank 0.0 lbs. Inc.
Seat
AQB Driver seat is reclining high back. Two single 0.0 lbs. Inc. occupant fold down seats with tray backs.
Brakes
K40 Butterfly valve type exhaust brake 0.0 lbs. Inc.
IE1 Vacuum + Power Assist; hydraulic 4-wheel disc 0.0 lbs. Inc. brakes with 4-channel ABS. Mechanical,
transmission mounted parking brake. Non-asbestos
semi metallic linings are standard.
Air Conditioning
060 Air conditioner 0.0 lbs. Inc.
Power Windows & Door Locks
ILO Yes 0.0 lbs. Inc.
Floor Mats
1Q6 Standard Floor Mats 0.0 lbs. Inc.
Model Option
54 White, 30 Gallon Stainless Steel In-Rail Fuel Tank 0.0 lbs. Inc. with power windows, power door locks and air
conditioning
Additional Options
1F6 Fire Extinguisher and Triangle Kit mounted in rear 19.0 lbs. $88.00 organizer on standard cab and under rear seat on
crew cab
Assistance System
151 Electronic Vehicle Stability Control (EVSC) include 0.0 lbs. Inc.
ASR (Anti-Slip Regulation)
Accessories
1X2 Rear body dome lamp switch 0.1 lbs. Inc.
8RP AM/FM stereo with auxiliary input, USB port, and 0.0 lbs. Inc.
Bluetooth.
Totals
Base Price $71,076.00
Destination Charge $1,825.00
Material & Transportation Surcharge $675.00
DEF Fill Charge $20.00
Total Options Price $88.00
Current report content is based on data as of 2024-10-24 08:47:03. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.
FREEWAY ISUZU TRUCK
Andrew Payne I 9516916948 [email protected]
City of Avalon #JALE5W162R7307296 (2024 NRR Cab Chassis, 3U3 150”WB, 1275”CA, 19,500 GVWR. White, 30 Gallon Stainless Steel In-Rail Fuel Tank with power windows, power door locks and air conditioning Selected Model and Options
Current report content is based on data as of 2024-1 0-24 08:47:03. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.
Code Description
Tire Weight Tax
Total
Weight MSRP
$7.94
$73,691.94
___FREEWAY ISUZU TRUCK _____ Andrew Payne I 9516916948 AndrewFreewaylsuzuTruck.com City of Avalon #JALE5W162R7307296 (2024 NRR Cab Chassis, 3U3 150”WB, 127.5”CA, 19,500 GVWR. White, 30 Gallon Stainless Steel In-Rail Fuel Tank with power windows, power door locks and air conditioning Quote Worksheet
Base Price
Destination Charge
Material & Transportation SurchargeDEF Fill Charge
Total Options
SubtotalSWITCH N GO SYSTEM INSTALLED
14’ SWITCH N GO DUMP BODY WITH DROP DOWN SIDES AND 8 D-RINGS WELDED 15 SWITCH N GO FLATBED W/ BEAVERTAIL AND 6 SIDE STAKES AND 8 D-RINGS WELDED Subtotal Additional EquipmentSubtotal Miscellaneous Equipment Pre-Tax SubtotalLess Customer Discount
Subtotal Discount
Taxable PriceSales Tax
Tire Weight Tax
Subtotal Taxes
Subtotal Post-Tax Adjustments
Less Post-tax Customer Discount
Subtotal Discount
Total Sales Price
Current report content is based on data as of 2024-10-24 08:47:03. Any performance-related calculations are offered solely as guidelines. Actual vehicle performance will depend on your operating conditions. All Information, specifications and pricing in this application are based on the latest information available. Isuzu Commercial Truck of America, Inc. reserves the right to discontinue or change, at any time, without prior notice, the pricing, specifications, options, materials, equipment, design and models.
Dealer Signature/Date Customer Signature/Date
MSRP
$71,076.00
$1,825.00
$675.00
$20.00$88.00
$73,684.00$18,000.00$10,800.00$10,600.00$39,400.00
$0.00
$113,084.00
($-4,090,00)
($ -4, 09 0.00)
$108,994.00
10% $10,899.40
$7.94
$10,907.34
$0.00$0.00$0.00
$119,901.34
tRUCK
Copyright (c) 2024 Isuzu Commercial Truck of America, Inc. Initial:
Purchaser Mailing Address
Name:
Address:
City: Slate: ZIP: LKCENTE]
MOTOR VEHICLE BUYERS ORDER
‘-‘ C527
ALL MAIL To P.O. BOX 88 SANTA ANA CA 92702-0088
Salesperson: DAVID HWANG
Contact: JAMIE HMIELAK
Date: October 22, 2024
________________________________________________ __________________ Purchaser: CITY OF AVALON ____________________________________ Address 410 AVALON CANYON RD City: AVALON
_______________STATE:
CA Zip: 90704
Bus. Phone: (310) 510-0220 CeB Phone: Fax Number: Res. Phone:
I hereby agree to purchase from you under the terms and conditions specified, the following: Delivery is to be made ______________________ or as soon thereafter as possibte. It is agreed, however, that neither you nor the Msnutacturer will be liable for failure to effect delivery.
Quantity: Year: Make: Series Name: Body Style: Engine: Transmission:
1 2024 ISUZU NRR FLAT BED DIESEL AUTOMATIC
S GWIR: Color: Stock#: Wheelbase: CabtoAlde: VIN:
19,500 WHITE Z309537 150” - JALE5W168R7309537
Warranty: MANUFACTURER’S WARRANTY APPLIES
SELLING PRICE $63,395.00
VEHICLE DESCRIPTION
NEW 2024 ISUZU NRR DIESEL FLAT BED
i ENGINE:IDIESEL
TRANSMISSION: IAUT0MATIC
ccCCi.
5)
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ci) Q
t BODY DESCRIPTION:
U
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CURRENT FORD REBA7ES REFLECTED. REBATES ARE SUBJECT TO CHANGE AT ANY TIME. **SOME REBATES ARE NOT APPUCABLE L’WTh SPECIAL FORD FINANCING OR CASH PURCHASES. ***SOME REBATES REFLECTED REQUIRE ACCEPTABLE PROOF OF BUSINESS TO BE ELIGIBLE.DEPOSIT: 000.00 CREDITS Cash Price of Vehicle & Accessories $63,395.00 Lease Payment Due: j - Documentary Preparation Charge 85.00 DESCRIP11ONOFTRADE-IN
- FireExt.,Flares&FirstAidKit 250.00
Year:
- SalesTax- 10.000% 6,373.00
Make: - Maintenance & Extended Warranty
Model: Used Trade-In Allowance $ - DMV Electronic Filing Fee 33.00 VIN: Less Balance Owed onTrade-In - ADMIN FEE 395.00
Mileage: NelTrade-InAtlowance $ — CatiforniaTireFee 10.50Payoff to: Down Payment - Est. Lic., Trans., Reg. & Other Fees 1,250.00 Rebate - Total Cash Price $71,791.50
Extra Equipment / Body Style: Balance of Down Payment Due II Less Total Credits $ - $ UnpaidCashBalanceDue $71,791.50
WARNING — Unless a charge is included in this agreement for Public Liability or Property Damage Insurance, payment for such coverage is not provided by this agreement.
Notice to the buyer: (1) Do not sign this agreement before you read it or if it contains any blank spaces lobe tilted in. (2) You are entitled to a completely filled-in copy of this agreement. (3) Ifyou default in the performance of your obligations under this agreement, the vehicle may be repossessed and you may be subject to suit and liability for Vie unpaid indebtedness evidenced by this agreement.The first and second page of this order comprise the entire agreement pertaining to this purchase and no other agreement of any kind, verbal understanding or promise whatsoever, ______________________________________________________________________________ will be recognized. I have read the matter printed on the back hereof and agree to it as a partof this order the same as if it were printed above my signature.
TOM’S TRUCK CENTER Purchaser CITY OF AVALON
By Purchaser’s Signature
g
CE Total Credits
RECEIPT OF A FILLED-IN COPY OF THIS AGREEMENT IS
HEREBY ACKNOWLEDGED BY PURCHASER
I have read, and I understand and accept all provisions of the Manufacturer’s Warranty Statement covering this new vehicle that I am ordering.
Date PRELIMINARY QUOTE Date
ERMS AND CDNDFrIDNS OF ORDER
he Drder on the rererse side hereof is sutact to the fcllowing terms and cooditcais which hose been mutually agreed upon:
1 Tlis agreement is not finding unti signed byan authorized repmsentatrse of the Dealer. • Verbal promises by salesmen are not valid. My premises or understandinga not herein speeded in wnitng are hereby mgrressty waieed by the Buyer. Said motor sehide, arxessoees and ealras to b disered on the dote specified or as soon thereafter as priacticatie suptect to ddaye on account of fres, stiikes, Not war, shutdowns at the factory Dealers InaNity to prourw del/any from the factory, or the’ casuattes ordrconistarrces beyend Dealer’s coetrd, time of dalseryin any erect to be deemed ealended corresprdingly. • A Performance Deposif’ of 10% of the purchase puce or $5,000, (whicheser is greater) is required and is noo-retrrrdafle. bare truck purchase is tmminated by the customer (riot conipteted), Toni’s Truck enter wiN retain the performance deposit”
The manufacturer has reserred the right to change the price to the Dealer of new motor rehides arthcsrt notice. is the erent that the manufacture/s price to the Deater of the new motor sehide orderu remunder is so changed, the cash delirered price to the Buyer wilt be changed accordinpty. ft such cash delies’y price is increased, the Buyer’ may if dissatisfied with such increased purchase price, canchis Order. The manufacture’ has the right to make any changes in the modd or design of any accessories or parts of any new motor ushide at any two without cresfing any rictigation on the part of II manufacturer orthe Dealer to make corresponding changes in the motor seflide couewd by this Order, either before orsubsequent to the defawyof such motor rehide to the Buyer. ‘I. The price of the motor ‘,ehide quoted herein indudes any tax or taass imposed by any govemmental authority peor to or at the twa at the order of such motor rehide urdess espressly so stated, but ft Buyer assumes and agrees to pay, entess prchibrted bylaw, anytaxes, accept income tases, imposed on or reodenlal to the transacton herein, rugarciess of the person teeing the primary fastiafilty. i. The price quoted in fibs Order is for iwmediate ddisery, hut it the price of the motor sehida or accessories or the las imposed byany govemmentat authontyshostd be changed bytha manufacturer or fipresamenlal authority before the motor sabide has been dekrered to the Dealer, then this Order shal be cosstiued as 4 the changed puce was originallyreserled heosn. The Buyer hereby agrees that fir Deafor shall in no way be held lalde for any changes in design or morlals, esen though they do not meet the approsci of the Buyer. The Buyer hereby agrees to take the motor wflsde as produced hy th nanufachrer. Buyer agrees to take daliser’yaed paybatarrca due within twenty-fcur (24) hours after being notified that the motcrrseliide is readyfor deksery. /. If the used sehide traded in hy the Buyer is not delisered to the Dealer at the bwe this Order is signed, or, if at the time of such deliwry, the said vehide and/or its tires or equipmerfl is cot in the sam osdition as when appraised, then it is agreed that such used rehide shot be re-appraised by the Dealer as otthe time ofsuch ddisery. and the bade-in allowance tor sirch used sehide shall be the amountech re-apprttsal. If such re-appraisal salue is baser- thas the onginal ajowance shown on the reserse side hereof, Buyer may, if dissatisted with such re-appraisat sotue, cancel this Order. Such eght to canocrweser, mast be arer-dsed by the Buyer prior to the delasry of the motor sehide cusered by this Order to the Buyer and the surrendor of the esed motor setiide traded in to the Dealer. The Buyer agreesletr,er the origthat Bil of Sale asd the tide to any used motor se/ride traded henri along ruth the dotisery of such motor rehide. and the Buyer warrants such used motor se/ride tribe his property, free anfear of al liens and encumbrances, accept as otherwise noted herein The trade-in alowaeos shown in this onler is the amount that the dealer agrees to allow presiding the purchaser accepts deisery an ereptetes the deal at the time agreed upon in acccrdasce with the stprlaled terms, is the erent of any disagreement own the value of the car traded in, the dealer wiN not be hate tor any more than thrhciesale market satoe. as determined bythewhotesate figure as shown in the KalleyBlue Bcobor N.AD.A Bordi, less the estimated cost of reconeltoning same.i. If the contract balance on the used enhide traded in should be more than the amount indrated on this Odet the Buyer agrees to pay the Daster such aaess in cesh immediatalyupun demand, or, at h’ption, the Dealer may cancal this Order. Should the amount of such payelf be less than iedrreted on the Order, such difference shot be paid to the Buyer in cash. .1. The Buyer warrants that aN laws of esery rind erred against thu used snhide traded iii hare been fatly paid. Should any gosemment agency lesy or dabs a tax ten or demand on or aganst such use dude, the Dealer may, ot his option, pay the same and the Buyer agrees to pay the amount thereof iremediatdy upon demand. If the used sehide traded in is registered or Iceosed rn wry place other thareState of this sale, the Buyer agrees to immediataly sense registration for such shade and to pay any and alt erqrenses or registration fees inodentat thereto. Should the Dealer assume or be put to an‘rrpenses in connection with such registration, the Buyer sell paythe Dealer the amount thereof on demand. tO. life to the motor whide ordered herein end right to possession of the sanre, shot eanain ii the Dealer usbi the entire purchase price is felly paid in each. No check shal corrsttute parrrest ualess and as I a paid bythe hank on wtuich if is drawn when first presented.
11. ft is etqxassty agreed that there are no warrastes, arqrress or impded. made either by the Dealer or the manofact.xer on the motor sehide, chassis, parts or accessories famished hereunder, unless eparate written warranty is giren bythe Dealer to the Buyer at the time ofsale. This applies to new motor rehides as wdt as used motor serhides. The Buyer must hare a wnltae guarantee in tile possnssin o senile an adjusb’nent
12. is case the mote’ whide corered by this Order is a used motor sehide. no warranty or representation is made by the Dealer en to the ealent such nrotor retride has been used, regardless of the mileag hewn on the speedometer of said used nretor sehide. The Dealer dous nol warrant the corroctoess of the year of manalactuw or world of motor sehide. The Buyer hereby agree that he has seetied ft :esoription of the motor enhide to his own satstacton, and that it is the motor enhide he desres to purchese, regardless ot the erdent to which such motor sehide hen been used or regarriess cr1 whether if escription osntalned in the Order is crated or not, There a onwaeantyor representation as to the correctness of the descripbon esed.
13. This Order is not assgnahite or transferable without the watien censent of the Dealer. No change in the terms or conditions of this Order after errecciton by the Buyer can be made without fire wntr. onsent of the Dealer.
14. The Buyer hereby gearantees that alt statements made by him and set forth in this Order are Irr.re and correct and that the Dealer may accept them as being tue representations of misting facts.
15. Buye’ hereby agrees to pay all attorneyasd court costs in fl’re erent that any legal acton is necessary to osforce this agreement or any of the terms thereof.16. If Buyer fails to perform all the teens and conditiora of this Order, the Dealer mayaxnrcise anyright or rnmndy giren trim bytam in addition to all rights and remedies specified herein, and all such rights an emedies shall be cr.nrclatre and maybe exerdsed at the Dealer’s elention.
17. Buyer agrees to accept enhide and tires, suptent to usage arid wear resulting from the necessity of dtwing one’ land to the print of detisery.
VARRANTV INFORMATION - See Manufacture/s Written New Car Wamanfy.amy warrantee on the products acid hereby are those made by the manufacturer. The Seller hereby erqressIy disdthms aN warranties, either erqsess or hrpfed, induding any imited warrantyierchantatidbtyorftonss for a particular purpose, and neitherassames nor authorizes anyother purson to asscmne font anylrabitrtyin connection with the sale ofsaid products.
JSED VEHICLES
he infonsaton cu see on the windomfornr for this sehide is partofthis contract isformaton on the window form ownides anycontraryprosisions in the costrenlofsale] F YOU HAVE COIvELAINTS CDNCERNND THIS SALE, YOU SHOULD TRYTD RESCIVE It WITH THE SELLER.
OMPLAINTS CONCERNING UNFAIR OR DECEPTIVE PRACTICES OR METHODS BY THE SELLER MAY BE RBFERRED TO THB C[FY ATTDFG4EY, THE DISTRICT ATTORNEY, OR TH DEPARTMENT OF MOTOR VEHICLES, DMSION OF CO1SVLIANCE, 2570 24th STREET, SACRAMENTO, 65816, DR ANY COMBINATION THEREOF.
ATER YOU HAVE RECEIVED POSSESSION OF THE VEHICLE, THB SELLER CANNOT CHANGE THE FINANCING OR PAYMENT TERMS STATED IN THE CONTRACT. IT IS AN UNFAIR 0 DECEPTIVE PRACTICE FOR THE SELLER TO TRY TODD SO, AND YOU DO NOT HAVE TO AGREE TO ANY CHANGE.tUYER’S SIGNATURE _________________________________ www.VelacityT,uckcenters,com Date: 10)22/2024
Contact: Clifford Romero-Mobile: (949)412-4698 - Email: [email protected] ITo PROS-026583
CITY OF AVALON
410 AVALON CANYON RD
AVALON CA 90704 County: Los Angeles
Phone: (310) 510-0220
[email protected]
Unit#: 1955526 Stocki: 1S303956 New 2024 ISUZU NRR Price: $67,809.00 VIN: JALE5W169R7303956 Mileage: 258 GVW: 19500 Color: WHITE Unit Price: $67,809.00
Sub Total $67,809.00
Admin Fee $195.00
Doe Fee $85.00
CA Tire Recycle Fee $17.50
Sales Tax (10.000%) $6,808.90
Total Vehicle Sale Price $74,915.40
Net Total $74,915.40 Lienholder: None...
4-CYL DIESEL ENG 215HP, AISN 6-SPD AUTO TRANS, A/C, AM/FMJCD/BLUETOOTH, P/W’S & P/D/L’S, CRUISE CONTROL, EXHAUST BRAKE, ENGINE EMERGENCY SHUTDOWN, COMBO MIRRORS, TILT/TELESCOPING STEERING COLUMN, SEATING FOR THREE, 4-WHEEL DISC BRAKES, PARKING BRAKE, 30-GALLON IN-FRAME FUEL TANK, BACKUP ALARM, FIRE EXTINGUISHER, SAFETY TRIANGLE KIT, SPARE SET OF KEYS, GARB COMPLIANT. 150 WHEEL BASE CHASSIS *** PRICING IS SUBJECT TO CHANGE DUE TO SUPPLY CHAIN AND PRODUCTION ISSUES. “ ONLY THOSE ITEMS AND SERViCES SPECIFICAI.LY WRITTEN ON THIS ORDER ARC INCLUDED ID THE STATEG PRICE.
ANY OTHER AGREEMENTS, UNLESS IN WRITING, ARE HOT RIDDING Oil SELLER. The nucebsre’J pages of this Order comprise the entire agreement affecting this purchase and no other aqreerrent or understanding of toy nature concerntno tLss purc)t,,ae has bEt-a made or erttereU into, or wilL be recognized. I hereby certify that to credit has been stcndd to ‘so for the puschat of this sotor venjeic except as appears in writing an the facts of this agreement. I hale read and urvJerstnd the flea). page it this aoreoment and agree to t -3m a putt of Liars Order tip sacs as it it care prirated above my signature. certify that I ant of legal age, or older, that I have iegai capacity and asthctrity to enecite tisic agreecant ott behalf of my company, and hereby acknowledge receipt of a copy of thic ordOt, x
CITY OF AVALON
(Purchasers Name)
(Purchaser’s Signature)
Clifford Romero
Date
(SalespeISon Name)
(Approved By)
IELOCITY
TRUCK CENTERS
Buyers Order
DeaI#: DE-113456
Opp#: 2024-1 58594
Date
)ct 22 2024 10:32AM Page 1 of2 This order is not valid unless signed arid accepted by dealer
1. TRADE-IN(S). Purchaser shall deliver trade-in(s) in the same condition as at the time of inspection and appraisal by Seller reasonable wear and tear excepted, except as disclosed in the Agreement. Purchase represents that each truck shall be free and clear of all liens and encumbrances and warrants that the trade-in(s) are that type and condition described in this Agreement, including any attachments hereto.
2. TERMS OF PAYMENT. Unless otherwise agreed, net payment shall be due on delivery. Late payments shall bear interest at the rate of 18% per annum, or the maximum permitted by law, whichever is less. If acceptance of delivery is delayed by Purchaser, payment shall become due on the date when Seller is prepared to deliver, if the financial condition of Purchaser at any time does not, in the judgment of Seller, justify continuance of the work to be performed by Seller hereunder on the terms of payment as agreed upon, Seller may suspend such work, or postpone delivery, and require such assurances of Purchaser’s performance as Seller deems adequate, including payment in advance, or Seller may cancel this order and shall receive reimbursement for its reasonable and proper cancellation charges. In the event of bankruptcy or insolvency of Purchaser, voluntary or involuntary, Seller shall be entitled to cancel any order then outstanding at any time and seek reimbursement for its reasonable and proper cancellation charges.
3. CANCELLATION. Purchaser may cancel this order only if Seller is able to cancel said order with the manufacturer, and only upon written notice, Upon cancellation or failure to accept delivery, Purchaser shall pay Seller reasonable cancellation changes and expenses, not to be less than Seller’s out-of-pocket expenses including carrying costs. (Purchaser’s Initials)
4. GRANT FUNDING AND CUSTOMER RESPONSIBILITY: The customer acknowledges that any grants, incentives, or credits applied to offset the cost of the electric vehicle(s) are solely the customer’s responsibility to secure. The customer is responsible for submitting any required documentation in a timely manner to facilitate the grant approval process. In the event that the anticipated grant, incentive, or credit amount is reduced, not approved, or revoked for any reason, including but not limited to failure to submit necessary documentation, the customer agrees to pay the full balance of the purchase price. Velocity Truck Centers assumes no liability for any grants, incentives, or credits, nor for the success or failure of the customer’s grant application or approval process.
5. SALES AND OTHER TAXES. Unless otherwise specified herein, Seller’s price does not include federal excise, sales, use, or other taxes. Consequently, in addition to the price specified herein, the amount of any other excise, sales, use or other tax applicable to the sale or use of the trucks purchased hereunder shall be paid by Purchaser, or in lieu thereof Purchaser shall provide Seller with a tax exemption certificate acceptable to the taxing authorities. Purchaser agrees that all taxes related to this transaction, whether arising at the time of the transaction or in the future, are Purchaser’s responsibility and further agrees to promptly pay any such taxes.
6. DELIVERY. All trucks furnished hereunder shall be delivered to Purchaser at the Seller’s dealership location or other location as designated in this Agreement. Unless otherwise provided, delivery will be made via carriers and routes designated by manufacturer with freight charges to be included in the purchase price. Delivery dates are approximate and are based upon receipt of all necessary information from Purchaser. Seller shall not be liable for delays in delivery or manufacturing, or other causes beyond Seller’s control.
7. TECHNICAL CHANGES. Purchaser acknowledges that the manufacturer and Seller reserve the right to change the specifications of the truck(s) at any time without obligation to make such changes in other trucks previously delivered to Purchaser. In addition, manufacturer and Seller reserve the right to make design changes and substitution of materials subsequent to the receipt of the order which, in manufacturers or Seller’s opinion are necessary to improve the truck. Purchaser agrees to accept any such changes as fulfillment of Seller’s obligations under this order.
8. REQUIRED EQUIPMENT. This order shall be deemed to include, whether or not specified heroin, all equipment or accessories required by the National Highway Traffic Safety Act or other regulations in effect at the time of order of receipt. It is agreed that any additional or different equipment not specified which is required at the time of delivery to meet the foregoing Act or other regulations will be added and the costs shall be paid by Purchaser. Purchaser understands that certain safety equipment is available that is not legally required and is available at Purchasers request for an additional fee.
9. TITLE AND REMEDIES. Until full payment by Purchaser of all amounts due hereunder, Seller reserves the title to all equipment furnished hereunder. If Purchaser defaults in payment or performance hereunder or becomes subject to insolvency, receivership, or bankruptcy proceedings, or makes an assignment for the benefit of creditors, or without the consent of Seller voluntarily or involuntarily sells, transfers, leases, or permits any lien or attachment on the equipment delivered hereunder, Seller may treat all amounts then or thereafter owing hereunder by Purchaser as immediately due and payable (subject only to credits required by law) and Seller may repossess said equipment by any means available by law and shall enjoy any and all other remedies of a secured creditor under the Uniform Commercial Code. Purchaser shall execute and deliver to Seller such financing statements and other documents, as Seller may deem appropriate to evidence, perfect, and protect the priority of its security interest in the truck(s) subject to this order.
10. GENERAL. Any assignment by Purchaser of this order or any rights hereunder, without written consent of Seller, shall be void. Clerical errors in this order may be automatically corrected by giving written notice thereof to Purchaser by a duly authorized representative of Seller. No waiver, alteration, or modification of any of the provisions hereof shall be binding unless and until in writing and signed by a duly authorized representative of Seller. To the extent not covered by other terms herein, including terms of warranty and limitation of liability, etc., the provisions of the Uniform Commercial Code shall govern this sale.
11. iMPORT TARIFFS: Purchaser acknowledges that any import tariffs imposed by the government are the sole responsibility of the Purchaser and will result in an increase in the Seller’s price equal to the amount of the obligatory tariff.
This Agreement (including by reference the provisions set out in manufacturer’s standard warranty or warranties) shall constitute the entire agreement between Purchaser and Seller, and no understandings or obligations not expressly set forth herein or in manufacturer’s standard warranty or warranties are binding upon Purchaser or Seller.
ALL WARRANTIES, IF ANY, BY A MANUFACTURER OR SUPPLIER OTHER THAN SELLER ARE THEIRS, NOT SELLERS, AND ONLY SUCH MANUFACTURER OR OTHER SUPPLIER SHALL BE LIABLE FOR PERFORMANCE UNDER SUCH WARRANTIES. SELLER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FiTNESS FOR A PARTICULAR PURPOSE.
Accepted and Agreed by:
____________________________________________________ ________________________________ (Company Name) (Date)
Signor’s Name and Title:
__________________________________________________
X
_______________________________
(Please Print Name and Title. Must be an Officer of the company (Signature) Authorized to approve capital purchases.) Oct 222024 10:32AM
Enoven Truck Body + Equipment
5125 Caterpillar Rd
Redding, CA 96003
530-605-4198
Qty> Description Unit Price Ext Price
1 Install: 14’ Switch N Go Hoist System 14-5020HD-18H-IOT $36,070.00 $36,070.00 (TO BE INSTALLED ON 120-126” C/A) - Switch—N-Go Model l4-5020-18H -Loading Capacity = 18,000# - Dumping Capacity 10.3 Tons -Hydraulic Winch and Hydraulic Hoist — Plastic Fenders for 22.5” wheels and 90” ICC Bumper and lighting — Bolt on 2.5” receiver tube with bushing for 2” — 7 Way Flat trailer plug -Hotshift PTO and Pump Combo — 15 Gallon Steel Hydraulic Tank with in line filter — Tekonsha Voyager electric brake controller
mounted in cab wired to 7-way RV trailer socket -Body up lamp, body prop, back up alarm - Installed and Certified *kIp TRUCK ARRIVES WITHOUT TRAILER WIRING/
CIRCUITS WE WILL NOT BE ABLE TO INSTALL A HITCH**
1 Accessories: Switch-N-Go: Dump Body DB-14-HB $11,125.00 $11,125.00 — l4L’ X 96”W (3.9 Cu yards) - lOga Floor — l2ga 12” T Split Fold Down Sides — 24 “T lOga tailgate — 3” Crossmembers on 16” Centers — 51” Bulkhead - Powder Coated Black Accessories: Switch-N-Go: Flatbed 14’ EB-14-HB — 14’ Platform - 3/16” Diamond plate Floor - 51” Tall Bulkhead -Stakepockets on Side and End Rails - (4) Recessed into top deck, (1) at each corner of bed welded flush to deck
$7,805.00 $7,805.00
Toms Truck Center909 N Grand Ave.Santa Ana, CA 92701
Thank you for the opportunity to quote your business, please call if you have any questions.
Quote #: 64821
Date 10/24/202
CustiD: 32707
Velocity Truck Centers
21107 S. Chico St.
Carson CA 90745
Qty> Description Unit Price Ext Price — 2,000# capacity — Powder coated Black 1 Accessories: Switch-N-Go: Removable Stakesides $4,375.00 $4,375.00 — 42” Tall Removabe Stake Sides for sides and end of flatbed - Powdercoated Black
1 Transportation $3,210.00 $3,210.00 — Chassis to be transported from Tom’s Truck Center to Enoven — Transport up-fitted truck as well as 14’ Flatbed and 14’ Dump Body to Toms Truck Center
** customer would be responsible for removing
loose bodies from trasnporter **
TOTAL $62,585.00
This Quote is good for 30 days. Acceptance of this Quote is confirmed and accepted by issuance of a Purchase Order, signing and returning this Quote, and/or delivery of a truck chassis to Enoven. This quotation was made expressly upon your request and is confidentialand non transferablee. If provided, estimated delivery dates are estimates only; actual delivery dates depend on a variety of factors thatmay/may not be within the direct control of Enoven. FUEL SERVICE CHARGE - IF A TRUCK IS DELIVERED WITH LESS THAN 1/4 TANKOF DIESEL/GASOLINE OR LESS THAN 1,500PSI CNG, A $100.00 FUEL SERVICE CHARGE WILL BE ADDED TO THE FINAL INVOICE. For complete Terms and Conditions please go to www.enoven.com.
Terms of Sale: Enoven Truck Body + Equipment
COD
Authorized by:__rschmitz
Date: 10/24/2024
Printed: 10/24/2024 1:46:55 PM
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 5, 2024 AGENDA ITEM: _______ ORIGINATING DEP: Public Works CITY MANAGER: £1(JjA PREPARED BY: Jamie Hmielak, Maintenance Superintendent
SUBJECT: Purchase of pump for Pebbly Beach Lift Station RECOMMENDED ACTION(S): 1. Authorize City Manager, or their designee, to purchase Flygt 6” 3OHP submersible pump from Xylem Water Solutions, Inc. for the Pebbly Beach sewage lift station for a not to exceed sum of $38,500 from Sewer Fund 10850-6521. 2. Make theaffirmative finding that the Xylem Water Solutions, Inc. has satisfied the sole source requirement as specified in the Avalon Municipal Code Section 3-4.11 1(b).
REPORT SUMMARY: The Pebbly Beach sewage lift station is a key component of our wastewater infrastructure, and any operational downtime can lead to serious consequences, including potential public health risks and environmental concerns. Recently one of the pumpshas failed, and needs to be rebuilt. The Pebbly Beach sewage lift station utilizes three pumps, and at peak times of sewer flow, two pumps are required to meet the demand. The third pump is on standby, and is used if one of the other two pumps fail. PERC Water, our contracted wastewater treatment plant operator, recommended that one of the pumps get replaced with a new 3OHP unit, and the second pump be rebuilt to be used as a spare.
Xylem Water Solutions, Inc., a sole source vendor for this pump, provided an estimate of $33,920. Avalon Municipal Code (AMC) Section 3-4.106 requires purchases of goods,services, supplies and equipment with a value over $25,000 be procured by competitive procedure. However, AMC Section 3-41 11(b) allows the City to dispense with bidding if there is only one source for the procurement, or when the City makes the determination that the purchase can be made more economically and/or efficiently without bidding procedures. In this case, Xylem is the exclusive supplier of Flygt pumps in our region.
GOAL ALIGNMENT: Infrastructure reliability and safety.
FISCAL IMPACTS: A cost not to exceed of $38,500. Sufficient funds exist in FY 24-25 Sewer Fund 10850-6521.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: An additional pumpfailure could lead to potential sewage overflow.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: Quote from Xylem Water Solutions, Inc., and sole source justification.
L em XIem Water Solutions USA, Inc J Flyqt Products
11161 Harrel St.
Mira Loma, CA 91752 Tel
951-790-3398
October 15, 2024 Fax 951-332-3679
[email protected]
Jamie Hmielak
Maintenance Superintendent
City of Avalon
Office: 310-510-0220 Ext: 123
Fax: 310-5100765
jhmielakccityofavaIon.com
Subject:
Factory Authorized Municipal Representative for Flygt, Flygt/AC Products & Service in Southern California
Dear Sirs:
This letter is to inform you that:
Xylem Water Solutions USA, Inc. -Flygt Products
iu6i Harrel St
Mira Loma, CA 91752
Phone (i) 332-3669Fax: (951) 332-3679
Is the exclusive supplier of Flygt Pumps, Mixers, Parts & Service for the Municipal market in the State of California for all southern counties including Ventura, Santa Barbara, Kern, San Luis Obispo, Los Angeles, San Bernardino, Orange, Riverside, San Diego and Imperial.
Flygt is a fully owned Xylem Inc. brand.
Dealing directly with Xylem Water Solutions USA, Inc. provides you access to the expertise and knowledge, around the clock emergency field service, genuine Flygt parts, routine maintenance, monitoring services and much more.
Thank you for your interest in Flygt Products.
FL
Paul Forsthoefel
Western Regional Sales Managei’
Sincerely,
1em
July 31, 2024
PERC WATER COPR
17520 NEWHOPE ST STE 180
Suite 180
FOUNTAIN VALLEY CA 92708-8206
ATTN: MR. DAVID WEST
Quote # 2024-LAB-0557
Project Name: N3171 095 434 IMP
Xylem Water Solutions USA, Inc.
Flygt Products
11161 Harrel Street
Mira Loma, CA 91752
Tel (951) 332-3668
Fax (951) 332-3679
Xylem Water Solutions USA, Inc. is pleased to provide a quote for the following Flygtequipment.
NT 3171.095-1580032
Qty Part Number
1 3171 .095-0096
DescriptionFlygt Model NT-3171 .095 6”
volute Submersible pumpequipped with a 460 Volt I 3
phase/60 Hz 30 HP 1750 RPMmotor, 434 impeller, 1 x 50 Ft.length of SUBCAB 4G25+S(2x0,5) submersible
cable, FLS leakage detector,
volute is prepared for Flush Valve
Unit Price
$ 32,200.00
Extended Price
$ 32,200.00
NT 3171 .095-1 580032 Price
SUB- Total Price
Freight Charge
Total Price
$ 32,200.00
$ 32,200.00
$ 1,720.00
$ 33,920.00
Terms & Conditions
This order is subject to the Standard Terms and Conditions of Sale — Xylem Americas effective on thedate the order is accepted which terms are available at http://www.xyleminc.com/en-uslPaqeslterms conditions-of-sale.aspx and incorporated herein by reference and made a part of the agreement between the parties.
Purchase Orders:
Freight Terms:
Please make purchase orders out to: Xylem Water Solutions USA, Inc. 3 DAP - Delivered At Place 08 -Jobsite (per IncoTerms 2020) See Freight Payment (Delivery Terms) below.State, local and other applicable taxes are not included in this quotation.
Buyer shall not make purchases nor shall Buyer incur any labor that would resultin a back charge to Seller without prior written consent of an authorized employee of Seller.
FLVGT
a xylem brand
Taxes:
Back Charges:
xvLerTl
ShoFages: Xylem will not be responsible for apparent shipment shortages or damages incurred in shipment that are not reported within two weeks from delivery to the jobsite. Damages should be noted on the receiving slip and the truck driver advised of the damages. Please contact our office as soon as possible to report damages or shortages so that replacement items can be shipped and the appropriate claims made.
Terms of Delivery: Prepaid
Schedule: Delivery lead times are 12-14 working weeks after receipt of order acceptance.
Validity: This Quote is valid for sixty (60) days.Terms of Payment: 100% N45 after invoice date.
Xylem’s payment shall not be dependent upon Purchaser being paid by any third party unless Owner denies payment due to reasons solely attributable to itemsrelated to the equipment being provided by FLYGT.
Thank you for the opportunity to provide this quotation. Please contact us if there are any questions.Sincerely, Xylem Water Solutions USA, Inc.
Flygt Products
Ricardo GuanioDirect Sales Representative
Cell: 562-382-3930
[email protected]: 951-332-3679
FLVGT
a xylem brand
Customer Acceptance
This order is subject to the Standard Terms and Conditions of Sale — Xylem Americas effective on thedate the order is accepted which terms are available at http://www.xyleminc.com/en-us!Pages/termsconditions-of-sale.aspx and incorporated herein by reference and made a part of the agreementbetween the parties.
A signed copy of this Quote is acceptable as a binding contract.
Purchase Orders: Please make purchase orders out to: Xylem Water Solutions USA, Inc.
Quote #: 2024-LAB-0557
Customer Name: PERC WATER COPRJob Name:Total Amount: $ 32,200.000 (excluding freight)
Signature:
_________________________________
Name:___________________________________(PLEASE PRINT)
Company/Utility:______________________________ P0:
Address: ___________Date:________________________________________ Phone:_____________________________________Email:_______________________________________Fax:_________________________________________ Page3of 3
FLVG
a xylem brand
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 5, 2024 ADENDA ITEM: _______ ORIGINATING DEP: Administration CITY MANAGER: _______ PREPARED BY: David Maistros, City Manager SUBJECT: Wet Spot Lease Amendment
RECOMMENDED ACTION(S): Authorize an amendment to the lease agreement between the City of Avalon and The Wetspot Rentals granting expansion of use for city-owned leaseproperty at 120 Pebbly Beach Road to allow for occasional sub-letting to Catalina Adventure Tours for ticket sales.
REPORT SUMMARY: On October 4, 2024, City Staff received a request from Gracye Uptonrepresenting The Wetspot Rentals be allowed to sublet a section of the ourdoor storefront space to Catalina Adventure Tours. The space would be used exclusively for the sale of tickets for excursions from October to May.The proposed sublease would not interfere with current operations at The Wetspot and would not result in an expansion of the current leased space. The current lease agreement with The Wetspot describes a total of 450 square feet — 145 square feet of interior space and 305 square feet of exterior space.
Sales made by Catalina Adventure Tours would be subject to either City of Avalon admission tax or harbor use fees — depending on the nature of the ticket sale.
City Staff recommend the City Council authorizes lease amendment. All other lease terms will remain in effect.
FISCAL IMPACTS: Undetermined.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENT:
1. Current lease agreement.
2. Proposed amendment.
LEASE AGREEMENT
This Lease Agreement (“Lease”), effective January 1, 2015 (“Effective Date”), is entered into between the CITY OF AVALON, a municipal corporation (“Lessor”), and Michael and Michelle Upton, dba Wet Spot Rentals, Inc. (“Lessee”), (each individually a “Party” and collectively the “Parties”).
REC ITALS
A. Lessor is the owner of certain real property, including the improvements thereon, located in the City of Avalon referred to as 120 Pebbly Beach Road and more accurately described in Exhibit 1 (the “Property’).
B. Lessee desires to lease from Lessor, and Lessor desires to lease to Lessee, a portion of the Property as described in more detail in the Lease on the terms and conditions set forth herein.
C. This Lease is based on a standard lease form that is used by the Lessor for all leases entered into by the Lessor. To the extent that Lessee believes that certain of the standard provisions of this Lease were not intended to apply to the Property because of the specific nature, intended use, or location of the Property, Lessee should notify the City of Avalon Lease Department. This Recital C in no way relieves Lessee of any of its obligations under this Lease.
LEASE
NOW THEREFORE, the Parties agree as follows:
1. Property. Lessor leases to Lessee, and Lessee leases from Lessor the Property, consisting of 450 square feet (145 sq. ft. of interior space and 305 sq. ft. of exterior space). Lessor and Lessee agree that if Lessor makes additional space available to Lessee and Lessee accepts such space, that space shall automatically be included in the Property and the terms of this Lease shall automatically apply thereto, unless otherwise agreed by the Parties.
2. Term.
(a) Tern?. The term of this Lease shall be from January 1, 2015 to December 31, 2025 (“Initial Term”). Lessor shall have the option to renew this Lease for one five (5) year period provided Lessor gives Lessee written notice of intent to renew the Lease at least sixty (60) days prior to December 31, 2025, but no more than 180 days prior to December 31, 2025 and the Parties agree to the terms and conditions (“Renewal Term”). The Initial Term and Renewal Term are referred to collectively herein as the “Term.”
(b) Termination. Lessee may terminate the Lease on sixty (60) days’ written notice to the Lessor.
3. Rent.
(a) Calculated on Square Footage or Percentage of Total Sales Basis.
Lessee shall pay Lessor rent each month, the higher of either:
in the amount determined by multiplying 145 square feet by four dollars ($4.00) and 305 square feet by three dollars and twenty-five cents ($3.25) or; ii. an amount equal to eight percent (8%) of all gross receipts at the Property, whichever is higher. Gross receipts shall mean the total amounts receivedfrom all revenue sources during the relevant period, except admission taxes, sales taxes,California redemption taxes, City of Avalon Use Taxes/fees, reasonable commissions which are paid to third parties, and amounts received from activities upon which City Harbor and Use Fees and Admission Taxes are based. For purposes of calculating GrossReceipts, such commissions paid to third parties shall not exceed 20% of the price paid by the consumer/customer. Gross receipts shall not include income generated from business conducted at Little Harbor.
In the event that Lessor makes additional space available for Lessee’s use, that space shall automatically be included in the Property, as defined in Paragraph I of this Lease, and the square footage of the Property used in calculating the monthly rent amount shall be increased accordingly. Rent shall be calculated year-round on the total square footage of the Property. There shall be no reductions in square footage for thepurpose of calculating rent during the off-season, The amount charged per-square-foot shall be automatically increased each year on July 1 in an amount equal to any increase in the most recent Consumer Price Index released annually by the U.S. Bureau of Labor Statistics. In the event the Consumer Price Index decreases, no change in rent charged per-square-foot shall bemade. (b) Payment Procedures. Lessee shall remit its monthly rent by no later than the thirtieth day after the end of each month during the Term of this Lease to Lessor at the address stated herein. Each monthly payment shall be accompanied by an accounting of total sales for that month. Rent for any period shorter than one month shallbe pro-rated on a daily basis. There shall be no off-season period where rent is reduced or not due; rent shall be due on the thirtieth day of each month regardless of whether the Property was open for business during the month. Lessee is responsible for making the payments required by this section and Lessor will not and is under no obligation to sendmonthly invoices to Lessee regarding any such payments. (c) Under-Payment Penalties. In addition to the late payment penalties described in Paragraph 19 of this Lease, if Lessor determines that Lessee has under reported its income resulting in a rent payment of less than what it should have paid, the following penalties apply;
(i) If the under-reporting of total sales resulted in a rent payment of greater than 90% of the correct rental amount, Lessee shall immediately pay to Lessor the difference, plus a penalty equal to 10% of the difference.
6505Q00003\8507647. I
(ii) If the under-reporting of total sales resulted in a rent payment of less than or equal to 90% of the correct rental amount, Lessee shall immediately pay toLessor the difference, plus a penalty payment equal to the entirety of that month’s rent, for each month the under-reporting occurred.
(d) Disclosure. At the time that Lessee is required to pay rent each month pursuant to this Section 3, Lessee must provide Lessor with detailed informationregarding the total gross receipts for each month, regardless of whether Lessee is required to pay the square footage price pursuant to Section 3(a)(i). (e) Year-end Annual Reconciliation. Within 30 days after the end of every calendar year during the Term, based on the information provided by Lessee andany independent audit of Lessor, Lessor shall determine: (1) the amount Lessee would have paid for the entire calendar year if Lessee paid the square footage rent in Section 3(a)(i) each month; and (2) eight percent (8%) of the Lessee’s total gross receipts as defined in Section 3(a)(ii), for the entire calendar year. Lessee is responsible for paying Lessor the higher of the two amounts (“Higher Amount”). If Lessee’s monthly rent payments paid to Lessor for the entire year are less than the Higher Amount, Lessee shallpay Lessor the difference between what was paid and the Higher Amount within thirty days of receipt of such information from Lessor. If Lessee’s monthly rent payments paid to Lessor for the entire year equal more than the Higher Amount, Lessor shall reimburse Lessee the difference between what was paid and the Higher Amount within thirty days of making the determination in this Section 3(e).
4. Use.
(a) Use. Lessee shall occupy and use the Property only for (1) rental of kayaks, peddle boats and similar water-related equipment and (2) retail sales for whichLessee may use movable display carts, including an Italian Ice cart, provided that the cart(s) is of the size and placed only at the locations shown on Exhibit 2 attached hereto, and Lessee must remove the cart(s), except for the Italian Ice cart, to inside the buildingon the Property at the close of every business day. The Italian Ice cart must be removed from the Property during the period of time in which the Property is not open for business.
The Property shall be open for business at least nine (9) months each year for the Term of the Lease and Lessee may determine their own hours and days of operation. (b) Compliance with Law. Lessee shall, at all times and at Lessee’s expense, comply with all applicable federal, state and local laws, rules, regulations, andorders, and all covenants and restrictions of record regulating the Property and Lessee’s use of the Property. Lessee shall not use nor permit the use of the Property in any manner that will violate the same or disturb other property owners or tenants in the areas surrounding the Property or Property.
(c) Condition of Property. Lessee has examined the Property and agrees to take possession in an ‘as is” condition. Lessee acknowledges and agrees that Lessor has made no representations, guarantees or warranties regarding the Property, or its fitness for any particular purpose, or regarding any common areas or improvements thereon, nor has Lessor made representations, guarantees or warranties regardingwhether the Property and common areas and improvements thereon comply with
65059.00003\S507647. I
applicable laws, rules, regulations, orders, or any covenants or restrictions of record in effect at the Effective Date of this Lease. Lessee assumes all responsibility regarding the California Occupational Safety Health Act, the legal use and adaptability of the Property and compliance with all applicable laws, rules, regulations, orders and covenants or record in effect during the Term of this Lease relating to the Property except as otherwise specifically stated in this Lease.
5. Hazardous Waste and Trash Disposal. Lessee shall not use, generate, store or dispose of any Hazardous Materials on the Property or permit the contamination of the Property by Hazardous Materials. For the purpose of this section, HazardousMaterials shall include, without limitation, substances defined as “hazardous substances,” “hazardous materials,” “toxic substances,” hazardous wastes,” “extremely hazardous wastes” or “restricted hazardous wastes” or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. sections 9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq.; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq.; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or anysubstances so defined or stated in any of the regulations adopted and publicationspromulgated pursuant to said laws as they may be amended from time to time.
Notwithstanding any other provision of this Lease, Lessee agrees to comply promptly, and at Lessee’s sole cost, with all applicable federal, state and local laws, rules regulations,permits and orders governing the use, management, storage, handling, cleanup, removal, disposal and shipping of Hazardous Materials. Lessee shall dispose of all trash and waste generated at the Property in a trash container at a location designated by Lessor.
6. Special Conditions. Mole Renovation. Lessor will use its best efforts to relocate Lessee’s business during renovations of the Mole if such renovations render theProperty unfit for the operation of Lessee’s business. Lessor makes no guarantees regarding the size, location, fitness, or availability of any temporary alternative premises.
Upon completion of the Mole renovations, lessees affected by the renovations will have first right of refusal to reopen their businesses in renovated space on the mole. In theevent Lessor is unable to locate suitable alternative temporary space for Lessee’s business during the mole renovation, Lessee hereby releases Lessor from all liabilityrelated to the same, as further described in Paragraph 14 of this Lease.
7. Lessee’s Repair and Maintenance Obligations. Lessee shall keep in good order, condition and repair, and shall replace, if necessary, the Property and every part thereof, structural and nonstructural occupied or used by Lessee, whether or not the need for such repairs occurs as a result of Lessee’s use, any prior use, the elements, or the age of such portion of the Property. This includes, but is not limited to, glazing, plumbing,heating, air conditioning, ventilation, electrical and lighting fixtures and facilities, all equipment within the Property, fixtures, walls (interior and exterior), ceilings, floors, windows, doors, plate glass, skylights, landscaping, tree-trimming, and all fences and signs located on the Property.
(a) To the extent that any such repairs, maintenance, or painting obligations imposed by this Section 7 involve, in the determination of the Lessor, the
6505900003\$50764]. I
leased property of another tenant(s) of Lessor who leases space in the same building, such as a common roof, Lessee’s obligations under this Section 7 will be dividedproportionately between Lessee and the other tenants of Lessor, if any, based on thenumber of square feet leased by each.
8. Surrender. On the last day of the Term of this Lease, or on the date this Lease is earlier terminated, Lessee shall surrender the Property to Lessor in the same condition as when received, ordinary wear and tear and damage by casualty excepted, clean and free of debris. Lessee shall remove all trade fixtures, furnishings and equipment owned by Lessee and shall repair any damage to the Property occasioned by the installation or removal of Lessee’s trade fixtures, furnishings and equipment.
9. Lessor’s Right to Undertake Lessee’s Obligations. If Lessee fails to perform any of Lessee’s obligations under any paragraph of this Lease, Lessor may, at its option (but shall not be required to), enter upon the Property after ten (10) days’ prior written notice to Lessee (except in the case of an emergency, as determined by Lessor, in its sole discretion, in which case no notice shall be required), and perform such obligations on Lessee’s behalf. Any costs incurred by Lessor pursuant to this Paragraph, including interest thereon, shall become due and payable to Lessor together withLessee’s next rent installment.
10. Damage to Property. In the event that repairs are necessary to alleviate structural hazards because the Property is damaged by circumstances not caused by thenegligence or willful misconduct of Lessee, its employees, contractors, agents, invitees or guests, Lessee shall inform Lessor in writing of such necessity. Lessor shall then have the option, in its sole discretion, to either immediately terminate this Lease or to provide for the necessary repairs. In the event Lessor elects to terminate this Lease, no rent shallaccrue or be payable to the Lessor after the date Lessor terminates the Lease. If repairs which are made by Lessor prevent the Lessee from occupying a portion of the Property, but Lessee is able to operate on the Property during such repairs, Lessee shall be entitled to a proportionate reduction in the monthly rent, based on the ratio the floor area which Lessee is unable to occupy, from the date such repairs are commenced until the date the entire Property is available for Lessee’s occupancy. If the damage prevents Lessee fromoperating on the Property, then no rent shall be due from the date of damage, as determined by Lessor in its sole discretion, until completion of repairs. Lessee expressly waives the benefit of any statute now or hereinafter in effect which would otherwise afford Lessee the right to make repairs at Lessor’s expense or to terminate this Lease because of Lessor’s failure to keep the Property in good order, condition and repair.
11. Alterations and Additions, Lessee shall not make any alterations, improvements, additions, Utility Installations exceeding $5,000 (Five Thousand Dollars) in value, hang or paint any signs visible from the exterior of the Property, or make anychange to the exterior of the Property, without Lessor’s prior written consent. The term“Utility Installation” shall mean installation of carpeting, window coverings, air lines, powerpanels, electrical distribution systems, lighting fixtures, space heaters, air conditioning,plumbing, and structural changes. If Lessor authorizes any alterations, improvements, additions, or Utility Installations, all such improvements shall be Lessee’s sole responsibility and shall be installed and removed at Lessee’s sole cost and expense.Upon the removal of any improvement, alteration, addition or Utility Installation, Lessee
6505900003\8507647. I
shall restore the Property to its prior condition. Lessor may require Lessee to provide Lessor, at Lessee’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half times the estimated cost of such improvements. Should Lessee make any alternations, improvements, additions or Utility Installations without the prior approval of Lessor, Lessor may require that Lessee immediately remove any or all of thesame.
12. Release of Claim For Relocation Benefits. Lessee hereby acknowledges and agrees that Lessee has no claim or right to relocation benefits or compensation of any kind or nature upon termination of this Lease for any reason, even if such termination was made by the unilateral election of Lessor in its sole discretion. Lessee expressly waives any and all claims or rights to receive relocation benefits or compensation of any kind or nature. Lessee acknowledges that Lessor would not enter into this Lease but for this acknowledgment and waiver by Lessee. During any period of repair or reconstruction by Lessor during the Term of this Lease that requires Lessee to vacate the Property, Lessor shall be under no obligation to provide alternative space to Lessee, but Lessee shall be relieved of the obligation to pay rent during such time that Lessee is unable to utilize the Property. Lessee shall vacate the Property within sixty (60) days’ written notice to vacate for such purpose and shall be solely responsible for all costs of vacating from and relocating to reconstructed or newly constructed space, if any is available.
13. Insurance. The Lessee shall provide the Lessor with a copy of insurance upon execution of the Lease and upon renewal of insurance as follows:
(a) Workers Compensation Insurance. The Lessee is required to provide evidence of workers’ compensation coverage as follows:
i. Workers’ Compensation insurance with statutory limits as required by the Labor Code of the State of California.
ii. Employers Liability with limits of 1,000,000 per Accident; 1,000,000 Disease per employee; 1,000,000 Disease per
policy.
iii. The policy must include a written waiver of the insurer’s right to subrogate against the City of Avalon.
(b) Liability Insurance. For the Term of the Lease, Lessee shall maintain and keep in full force Commercial General Liability Insurance no less broad than ISO form CG 00 01 against any liability arising out of the ownership, use occupancy, or maintenance of the Property, and operation of Lessee’s business at the Property and all appurtenant thereto when used by Lessee. Such insurance be no less than the following:
Minimum Limits: 1,000,000 per Occurrence; 2,000,000
General Aggregate; the General Aggregate shall apply
separately to each location.
ii. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000.
65059M0003\$507647. I
iii. The City of Avalon must be an additional insured for liability arising out the ownership, maintenance or use of that part of the premises leased to the Tenant/Lessee/Concessionaire (ISO form CG 20 11 or equivalent).
iv. The insurance provided to the City of Avalon as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by the City of Avalon.
v. The policy must cover inter-insured suits and include a separation of lnsureds” or severability’ clause which treats each insured separately.
(c) Property Insurance.
Prior to Lessee’s entry upon the Property and for the Term of the Lease, Lessee shall obtain and keep in full force and effecta policy of insurance covering loss or damage to the Property, in the amount of the full replacement value thereof, against allperils included within the classification of fire, extended coverage, vandalism, malicious mischief, commonly known as “broadform coverage.” Lessee shall provide Lessor a copy of this insurance policy upon execution of this Lease.
Lessee shall also insure its fixtures, equipment and tenant improvements on the Property at its sole cost and expense. iii. The limits of said insurance shall not, however, limit the liability of Lessee hereunder.
iv. Lessee must name the City as Loss Payee on its property policy.
(d) Restrictions; Endorsements.
Lessee shall not do or permit to be done anything which shall invalidate the insurance policies during the Term of this Lease.
All policies of insurance shall be endorsed to: (1) name Lessor (and at Lessor’s option, any additional parties designated byLessor) as an additional insured; (2) provide that suchinsurance is primary to any policy of Lessor, which shall not be called upon to contribute in any way; and (3) provide that thepolicy shall not be cancelled, terminated or modified without first providing thirty (30) days’ prior written notice to Lessor.
All insurance policies must be issued by an insurer with an AM. Best rating of at least A:VII. Lessee shall provide immediate written notice if (1) any of the required insurancepolicies are terminated; (2) the limits of any of the required
(i5O59M0003\8507647
policies are reduced; or (3) the deductible or self-insured retention is increased.
14. Indemnification and Release.
(a) Indemnification. Lessee shall indemnify, defend and hold harmless Lessor from and against any and all claims, losses, damages or liabilities of any kind or nature, including claims for damage to property or persons, including wrongful death (“Claim”), arising from or in connection with any act or omission of Lessee, includingLessee’s active and passive negligence or Lessee’s use of the Property or Property under this Lease, including, without limitation, any activity, work or things done, permitted or suffered by Lessee in or about the Property or elsewhere on the Property and any breachor default by Lessee of this Lease, If any action or proceeding is brought against Lessorby reason of any such Claim, Lessee’s obligation to defend the same shall be done with counsel approved in advance by Lessor.
(b) Release. Lessee hereby agrees that Lessor shall not be liable for, and hereby waives and releases Lessor from, any injury to Lessee’s business or any loss of income therefrom or for damage to the goods, wares, merchandise or other property of Lessee, Lessee’s employees, contractors, agents, invitees, guests, or any other person on the Property, nor shall Lessor be liable for injury to the person of Lessee, Lessee’semployees, agents, contractors, guests or invitees caused by any reason whatsoever, including without limitation, by fire, steam, electricity, gas, water, rain, the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures on the Property or Property, or from any other cause orcondition arising upon the Property or upon other portions of the Property which the Property are a part, or from other sources or places and regardless of whether the cause of such damage or injury or the means of repairing the same is inaccessible to Lessee except to the extent such injury or loss is caused by Lessor’s sole gross negligence or willful misconduct. Lessor shall not be liable for any damages arising from any act or neglect of any other lessees or possessors, if any, of the Property.
15. Utilities. Lessee shall arrange and timely pay for all gas, heat, light, disposal, power, and any other utilities and services needed or supplied to the Property, together with any taxes thereon.
16. Assignment and Subletting.
(a) Except as otherwise provided below, Lessee shall not convey, assign, transfer, mortgage, pledge, sublet or encumber any interest in the Property duringthe Term of this Lease, nor allow any other person (the employees, agents, servants and invitees of Lessee excepted) to occupy or use the Property, or any portion thereof, withoutLessor’s prior written consent, which may be refused in Lessor’s sole discretion. (b) Any attempted conveyance, assignment, transfer, mortgage, pledge, sublet, or encumbrance shall be void where such consent has not been obtained, and the original Lessee shall remain responsible for any unpaid rents, fines, fees, or other liabilities arising from or related to the Property.
65059.0000S\$50761 7.
(c) Any subletfing approved by Lessor shall not relieve Lessee of any of its obligations or liabilities under this Lease, and both Lessee and any subsequent lessor(s) will be deemed to be bound by this Lease.
(d) Any dissolution, merger, consolidation, or other reorganization of Lessee or sale which results in a change of controlling persons shall be deemed an assignment of this Lease. Any such assignment or subletting without advance written consent of Lessor shall be void, and shall, at the option of the Lessor, constitute a default under the terms of this Lease.
(e) Lessee may transfer this Lease LIPOfl the sale or other transfer of substantially all of the assets of Lessee, provided Lessee first obtains Lessor’s writtenconsent, which shall not be unreasonably withheld and provided Lessee pays to Lessor a lease transfer fee equal to three percent (3%) of the sale price with a cap of $30,000 of Lessee’s business (“Transfer Fee”). The Transfer Fee shall not apply to a transfer of this Lease upon the transfer of a controlling interest in Lessee’s business to a member of theimmediate family of such controlling person , or to a transfer of the controlling interest to an inter vivos trust in which such controlling person is the trustee of the trust. In the event Lessee’s business has multiple locations and Lessee assigns, sublets, or transfers the Lease for one location without assigning or transferring the business as a whole, the Transfer Fee shall be a flat $5,000 or a lower amount at the discretion of the City Manager.
17. Defaults and Remedies.
(a) Defaults. In addition to those items already designated to be a breach or default of this Lease elsewhere in the Lease, the occurrence of any of the following events shall be a material breach of this Lease and shall constitute an event of defa u It:
Abandonment, vacation, or surrender of the Property by
Lessee withoLit Lessor’s prior written consent (failure to occupy and/or operate the Property for ten (10) consecutive days shall be deemed an abandonment and vacation, unless at least ten (10) days before failing to occupy or operate the Property Lessee givesLessor written notice that Lessee intends to continue using the Property and will continue maintaining the Property while it is vacant, or the dispossession of Lessee from the Property (other than by Lessor by process of law or otherwise). ii. The failure by Lessee to make any payment of rent or any reimbursement or payment required to be made by Lessee, including applicable Harbor Use Fees, Admission Taxes, or other fees and taxes to the City Associated with the operation of the business or use of the leased facilities hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Lessor to Lessee.
iii. The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by Lessee, if the failure has continued for a period of ten (10) days after Lessor demands in writing that Lessee cure the failure, provided however, that if the nature of Lessee’s default is
65059M(fl)03’.8507647. I
such that more than ten (10) days are reasonably required for its cure, in Lessor’s sole discretion, Lessee shall not be deemed to be in default if Lessee commenced such cure within said 10-day period and thereafter diligently prosecutes such cure to completion to the satisfaction of Lessor.
iv. The making by Lessee of any general arrangement or
assignment for the benefit of any creditor, Lessee becoming a “debtor” as defined in 11 U.S.C. 101; the appointment of a trustee or receiver to take possession of substantially all of Lessee’s assets located at the Property or of Lessee’s interest in this Lease, where possession is not restored to Lessee within 30 days; or the attachment, execution or other judicial seizure of substantially all of Lessee’s assets located at the Property or of Lessee’s interest in this Lease, where such seizure is not discharged within thirty (30) days.
(b) Remedies. In the event of any such material breach or default by Lessee, Lessor may at any time thereafter, with or without notice or demand, and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default or breach, do any of the following:
Terminate the Lease on sixty (60) days’ written notice to Lessee, in which case Lessee shall immediately surrender possession of the Property to Lessor on the termination date specified by Lessor. In such event, Lessor shall he entitled to recover from Lessee all damages incurred by Lessor by reason of Lessee’s default including, but not limited to, the cost of recovering possession of the Property, including all attorneys’ fees and court costs incurred, if any; expenses of reletting, including necessary renovation and alteration of the Property, reasonable attorneys’ fees, and any real estate commission actually paid in connection with such reletting; the value of the amount by which the unpaid rent for the balance of the term after the time of such award exceeds the amount of such rental loss for the same period that Lessor proves could not reasonably be avoided; and that portion of the leasing commission, if any, paid by Lessor for the unexpired Term of this Lease.
ii. Maintain Lessee’s right to possession in which case this Lease shall continue in effect whether or not Lessee shall have abandoned or vacated the Property. In such event, Lessor shall he entitled to enforce all of Lessor’s rights and remedies under this Lease, including the right to recover the rent as it becomes duehe re under. iii. Pursue any other remedy available to Lessor at law or in eq LI ity.
18. Possessory Interest Tax. Lessee hereby recognizes that this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest.
19. Late Cjges. Lessee acknowledges that late payment of rent or any sums due under this Lease will cause Lessor to incur costs not contemplated herein, the exact amount of which will be extremely difficult to ascertain. Accordingly, if any sum due from Lessee is not received by the day it is due, then without requirement for notice to Lessee,
65O59.OOOO3\5O7647. I
Lessee shall pay a late charge of ten percent (10%) of such overdue amount. The Parties agree that such late charge represents a fair and reasonable estimate of the costs Lessor will incur by reason of late payment. Acceptance of such late charge shall in no event constitute a waiver of Lessees default, nor prevent Lessor from exercising any of the other rights and remedies granted in this Lease. In the event that a late charge is payable for three (3) consecutive installments of rent, then the minimum monthly rent shall automatically become due and payable quarterly in advance, rather than monthly. The quarterly advance payments of rent will continLie until Lessor notifies Lessee in writing.
20. Severability. If any portion of this Lease is ruled by a court of competent jurisdiction to be invalid, the remaining portions shall remain in full force and effect.
21. Entire Agreement; Amendments. This Lease contains all agreements of the Parties with respect to the Property. No prior agreement or understanding pertaining to any such matter shall be effective, whether oral or in writing. This Lease may only be modified in writing, signed by the Parties.
22. Nobces. Any notice required or permitted to be given under this Lease shall be in writing and given by personal delivery or by first class mail to the address and person below. Either Party may, by notice to the other, specify a different address fornotice purposes. Notice given by personal delivery shall be deemed received upon personal delivery. Notice given by mail shall be deemed received three (3) days after deposit in the U.S. Mail.
Lessor: City of Avalon
P.O. Box 707
Avalon, California 90704
Tele: (310) 510-0220
Fax: (310) 510-2478
Attention: Administration- Leases
Lessee: Michael and Michelle Upton
Wet Spot Rentals, Inc.
P0 Box 231
Avalon, California 90704Tele: 310-510-2229
Attention: Michael & Michelle_Upton
23. Waivers. The waiver or failure to enforce any provision of this Lease by Lessor shall not be deemed to be a waiver of any future breach of that same provision or of any other provision of this Lease. Lessor’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Lessor’s consent to or approval of any
65O59.OOOO3\5O764T I
subsequent act by Lessee. The acceptance of rent by Lessor shall not be deemed to be a waiver of any preceding breach by Lessee of any provision of this Lease, other than thefailure of Lessee to pay the particular rent so accepted, regardless of Lessor’s knowledge of such preceding breach at the time of acceptance of such rent.
24. Holding Over. Lessee has no right to retain possession of the Property or any part thereof beyond the expiration or termination of this Lease. If Lessee, with Lessor’s consent, remains in possession of the Property or any part of the Property after the expiration or termination of the Term of this Lease, such occupancy shall be a tenancy from month to month subject to all the provisions of this Lease.
25. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies available at law or in equity.
26. Binding Effect; Choice of Law. This Lease shall be binding upon and inure to the benefit of the Parties, their personal representatives, heirs, successors and assigns. This Lease shall be governed by and construed in accordance with the laws of the State of California. Venue shall be in Los Angeles County.
27. Attorneys’ Fees and Costs. If either Party brings an action to enforce the Terms of this Lease or declare the rights of the Parties under this Lease, the prevailing Party shall be entitled to recover all costs and expenses incurred in such action, including reasonable attorneys’ fees as fixed by the court or arbitrators.
28. Right to Enter Property. Lessor and Lessor’s agents shall have the right to enter the Property, at reasonable times for the purpose of inspecting the same, showing the same to prospective purchasers, lenders, or lessees, and making such alterations, repairs, iniprovements or additions to the Property or Property as Lessor may deem necessary or desirable. Lessor may, at any time, place on or about the Property any “For Sale” signs and Lessor may, at any time, during the last 120 days of the Term of this Lease place on or aboUt the Property any “For Lease” signs.
29. Records; Audit. Lessee shall keep records, reports and books of account substantially in accordance with general accepted accounting principles to reflect accurately the gross receipts, expenditures and net income of Lessee concerned with and related to its operations and activities under this Lease. Lessor shall have the right to inspect and audit Lessee’s financial accounts, books and records to ensure Lessee’s compliance with this Lease, at any time during the Term of this Lease. Lessor will provide a minimum written notice of the request to audit forty-eight (48) hours in advance of the audit.
30. Nondiscrimination. Lessee covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the use, occupancy, tenure, or enjoyment of the Property, nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of
65O59.OOOflS\5O?647.
discrimination or segregation with reference to the selection, location, number, use, or occupancy, of employees, contractors or vendors in the Property.
31. Quiet Possession. Upon Lessee’s payment of the rent for the Property and observing and performing al of the covenants, conditions and provisions to be observedand performed under this Lease, Lessee shall be entitled to have quiet possession of the Property for the Term of this Lease subject to all of the provisions of this Lease.
32. Compliance with Lessor’s Rules for Use of Property. Lessee agrees that it will abide by, keep and observe all reasonable rules and regulations which Lessor may make from time to time for the management of the Property, including, without limitation, the delivery of supplies, the parking of vehicles and the preservation of the good order.
The violations of any such rules and regulations shall be deemed a material breach of this Lease.
33. Third-Party Beneficiaries. There are no intended or incidental third-party beneficiaries of this Agreement.
34. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but aH of which, together, shall constitute one and the same instrument and a fully executed Lease.
35. Compliance with California Civil Code Section 1938. Pursuant to and in compliance with California Civil Code section 1938, Lessee is notified that the Property has not undergone inspection by a Certified Access Specialist.
36. Authority to Execute. The individuals executing this Lease on behalf of each Party represent and warrant that they are fully authorized and legally capable of executing this Lease on behalf of that respective Party, and binding that Party thereto. [Signatures to Lease Agreement on Next Page]
65059.00003\8507647. I
Signature Page to Lease Agreement
The Parties hereto have executed this lease on the date stated below:
Dated: Lessee
e
By: L4’A-f_
its. cLo —. \ CLC)
_LL//L- 2J’7O/J
By:Its: _______ Dated P cay of Avalon
Denise Radde,Interim City Manager
65059.00003\S507647.
EXHIBIT I
to
Lease Agreement
LEGAL DESCRIPTION OF PROPERTY
[Insert behind this page]
6505900003\8507647. I
Wet Spot
120 Pebbly Beach Road
_______I
=door — outdoorspace — enclosed
outdoor space
open
Drawings not to scale
¶ I
THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN
THE CITY OF AVALON AND MICHAEL AND GRAYCE UPTON,
dba WET SPOT, INC.
This Third Amendment is made effective October 1, 2023 to the Contract Agreement by and between the City of Avalon (‘Lessor”) and Michael and Grayce Upton, dba Wet Spot, Inc.(‘Lessee”) dated the 1st day of January, 2015.
The terms and conditions of the Agreement are amended as follows:
4. Use.
(a) Use. Lessee shall occupy and use the Property only for (1) rental of kayaks, peddle boats and similar water-related equipment, (2) retail sales for which Lessee may use movable display carts, including an Italian Ice cart, provided that the cart(s) is of the size and placed only at the locations shown on Exhibit 2 attached hereto, and Lessee must remove the cart(s), except for the Italian Ice cart, to inside the building on the Property at the close of every business day, and (3) sublease to Island Enterprises Inc. dba Catalina Adventure Tours for the exclusive use of ticket sales. All furniture, appliances, displays, desks and any other items must be removed from the exterior of the Property during the period of time in which the Property is not open for business. The Property shall be open for business at least nine (9) months each year for the Term of theLease and Lessee may determine their own hours and days of operation.
Except as modified above, all terms and conditions of the Lease Agreement shall remain in effect.
Dated: ______________________________ Lessee:
By:
______________________________
Its:
_______________________________________
By:Its:
_________________________________________
Dated:
__________________________
City of Avalon:
David M. Maistros, City Manager
MEMORANDUM
To: Avalon City Council
From: Kelly Ribuffo, Contract Planner, Planning and Building Department Date: November 4, 2024
Re: Agenda Item #6 – Cameron Hotel Revised Attachments (PC#2842) When the City Council agenda was posted to the website on Friday, November 1, 2024, a member of the public noted the project site lot was shown as 98 feet in length as opposed to 95 feet as previously presented. The developer has confirmed that this is an error and 95’ is the accurate length of the intended building and has revised the submittal documents to correct the error.
The following documents have been updated to reflect the revised plans:
• Staff Report – Tables 1 and 2 have been updated by staff with the corrected figures for floor area, hotel room size, and bathroom size. • Attachment 1 – Variance Finding #1 of the Draft City Council Resolution has been updated by staff with the correct percentage for the request floor area variance.
Condition #3 has also been updated to reflect the intended rear setback. • Attachment 3 – The site plan, floor plans, and building sections have been updated by the applicant to reflect the correct lot size and site development calculations.
• Attachment 4 – The “Individual Room Square Footage” summary table has been updated by the applicant to reflect the updated calculations based on adjustments to the floor plan.
cc: Dave Maistros, City Manager
Gabrielle Morones, City Clerk
65059.00002\42886058.1
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 5, 2024 AGENDA ITEM: _________
ORIGINATING DEP: Planning and Building CITY MANAGER: ______ PREPARED BY: Kelly Ribuffo, Consultant Planner
Scott Shapses, Deputy City Attorney, BBK
SUBJECT: A Public Hearing considering a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit to allow the demolition of a vacant three-story apartment building and construction of a new four-story hotel with employee housing in the Special Commercial (SC) zone. (PC#2842)
________________________________________________________________________ RECOMMENDED ACTION(S): 1. Find the project qualifies for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 – InFill Development Projects. 2. Adopt the findings to support approval of a Conditional Use Permit.
3. Adopt the findings to support approval of a Variance. 4. Adopt the findings to support approval of a Site Plan. 5. Adopt the findings to support approval of a Coastal Development Permit. 6.
Find the project consistent with the 2024 Annual Growth Policy.
REPORT SUMMARY: On August 28, 2024, the Planning Commission held a duly noticed public hearing to consider PC#2842, a request for a Site Plan Review, Conditional Use Permit, Variance, and Coastal Development Permit to allow demolition of a vacant three-story apartment building and construction of a new four-story hotel with employee housing at 301 Beacon Street (the “Project”). The property is located in the Special Commercial (SC) zone. The applicant, Michael Flynn, represented the Project at the public hearing. After consideration of the findings in the staff report, applicant presentation, and public comment, the Planning Commission voted 7-0 to adopt Resolution No. PC 24-08 and approve the project with findings and conditions as recommended by staff, with additional conditions addressing rear setback, utilities, right-of-way improvements, and operation of the rooftop deck.
On September 9, 2024, Diane Conover, owner of 310 Metropole Avenue, and Robert and Laurie Glaser, owners of 314 Metropole Avenue, filed a timely appeal of the Planning Commission’s decision, requesting that the City Council review the Planning Commission’s approval of the Project. The appeal application details concerns regarding the granting of the height variance, potential impact of views from adjacent properties on Metropole Avenue to the coast and surrounding hillsides, potential for increased traffic and noise in the area due to the planned rooftop bar and restaurant, and the amount of parking provided on the Project site relative to parking demand of the area.
On October 22, 2024, the City Council held a duly noticed public hearing to consider Appeal No. 24-02, an appeal of the Planning Commission approval of PC#2842. After consideration of the appeal application, analysis provided in the staff report, applicant response, and public comment, the City Council voted 5-0 to set the matter as a de novo hearing at the next available 65059.00002\42886058.1
regular meeting. The City Council provided direction to Staff on specific issue items to be addressed in the staff report for the de novo hearing for the Project.
Below is an analysis of the four issues identified by the City Council, followed by staff response.
Issue #1 – Updated Project Plans
The City Council requested the applicant prepare a fully updated set of project plans to demonstrate compliance with the Planning Commission conditions of approval, including increasing the rear setback to 14 feet to the south property line with 310 Metropole Avenue.
Staff Response:
The applicant has prepared an updated set of project plans, including a revised site plan, floor plans, roof plan, elevations, and building section, included as Attachment 3 of this report.
At the Planning Commission public hearing, Variances were requested because the proposed Project does not comply with development standards set forth in Avalon Municipal Code (AMC) Section 9-6.304.d to allow greater building height, lot coverage, and floor area in the Special Commercial zone. In the opinion of staff, the findings of fact to support the variances could be made, as there are special circumstances related to lot topography that would otherwise deprive the property of the development potential of other flat lots within the same zone, and the variances do not constitute granting of special privileges and similar variances have previously been granted for the same use on similarly sloped lots within the same zone.
With the addition of the Planning Commission condition requiring a 14-foot rear setback, the overall lot coverage and floor area of the Project have been reduced. Updated proposed development conditions are provided based on the revised project plans as follows:
Table 1: Development Standards – Special Commercial (SC) Zone (AMC 9-6.304) Required Existing* Proposed
Lot Area 2,000 sq. ft 3,225 sq. ft No change
Lot Width 50 ft 35 ft No change
Lot Coverage 80% gross lot area ~80% gross lot
area
85% gross lot area
(formerly 97%)
Floor Area 140% gross lot
area
176% gross lot
area (5,882 sq. ft)
348% gross lot area
(12,019 sq. ft)
(formerly 383%)
Front Setback 0 ft 0 ft 0 ft
Side Setback
(west)
0 ft 0 ft 0 ft
Side Setback
(east)
0 ft 0 ft 0 ft
Rear Setback 3 ft 27 ft to building
wall
14 ft to building wall,
10 ft to stairway and
trash enclosure**, 3 ft
to ground floor below
grade
65059.00002\42886058.1
Required Existing* Proposed
Height 28 ft ~22 ft to top of
parapet as
measured at
southwest corner
of the site, w/
additional 12 ft to
the top of the roof
access building
28 to 44 ft to top of
parapet, w/
additional 10 ft for
rooftop service
building
Parking (Autoette) PC Determination None 1 full size vehicle parking space
Trash Storage Provide on-site in
enclosed area
None Provide on-site in
enclosed area
* Property was developed prior to establishment of the SC zone. Existing developments are presumed to be legally nonconforming for the purpose of this analysis.
** Trash enclosure to have a minimum 6-foot-high walls. Stairway descends to ground floor below grade.
With the updated floor plans, the proposed project now includes 32 hotel rooms (29 standard hotel rooms and 3 transient workforce units) and three hotel employee housing units (one Manager Suite and two 2-bedroom apartments). Employee housing is discussed further in Issue #4 – Employee Housing Requirements below.
Table 2: Development Standards – Hotel Room Size (AMC 9-7.901) Required Proposed
Hotel Room Size 190 sq. ft total * 191 - 257 sq. ft
Bathroom Size** >/= 35 sq. ft of room size 38 - 55 sq. ft * Total square footage must be inclusive of sleeping room and bathroom area combined. ** Must include a sink, toilet, and shower stall.
The site will be developed over two phases based on the Southern California Edison (SCE) water allotments for the property. At the time of this report, the proposed project has a water allotment granted for an equivalent of 10 bedrooms/units. The applicant has been placed on the waitlist for Phase II of the project. Since the floor plans have been updated, the applicant has also updated the phasing plan for construction, included in the updated project description as Attachment 5 of this report. In summary:
Phase 1
• Demolition of the existing apartment building, final grading, and installation of utility connections.
• Build the hotel infrastructure, exterior/architectural, install elevator to all four floors with rooftop access, and install all mechanical to fully support first phase. • Develop ground interior which will consist of the lobby, two hotel rooms, one managers suite, one employee apartment, and an outdoor patio). (5 water units) • Develop second floor interior with five hotel rooms. (5 water units) Safety and security measures will be built in as part of Phase 1 to protect the development until Phase 2 construction. During Phase 1, the second-floor hotel rooms that will be fully built out will be closest to the elevator for convenience. The hallway and doors to the unfinished rooms will be completed but secured with locks. It is anticipated that the remaining rooms on the second 65059.00002\42886058.1
floor will be completed to rough framing, rough plumbing, rough electrical, and functional fire sprinklers only. The elevator will be fully functional from the lobby, second floor and roof. The elevator will be programmed such that only those with a special access key, generally held by the on-site manager and the applicant’s construction superintendent, will be able to access the unfinished floors three and four. Floors three and four will be developed with structural and safety components only such as, rough framing, rough electrical, rough mechanical, rough plumbing, fully-operable fire sprinklers, and stair access with a locked door for each unfinished floor.
Additionally, until such time as the laundry facilities are completed on floors three and four, all laundry services will be contracted.
Phase 2
• Finish interior buildout of one employee apartment and three transient workforce units on the ground floor.
• Finish interior buildout of four hotel rooms on the second floor. • Finish interior development of all hotel rooms (18 rooms total) on the third and fourth floors.
• Install rooftop deck with operable bathrooms and countertop area, additional rooftop mechanical to support second phase.
Staff has reviewed the updated plans and verified that they comply with the findings for the variances granted and conditions placed on the project during the Planning Commission public hearing.
Issue # 2 – Parking and Loading Zones
The City Council discussed the potential impacts to traffic and on-street parking conditions along Beacon Street and Metropole Avenue that may result from the development of the Project.
Council discussed the proposed on-site parking, the location of the loading zones, the number of on-street parking spaces that could be lost for the curb cut and loading zones, and the number of additional autoette permits that may be issued for the employee housing units.
Staff Response:
The project site is located at the southeast intersection of Beacon Street and Metropole Avenue.
Beacon Street allows street parking on both the north and south side of the street. Metropole Avenue allows street parking on the west side of the street, with parking only allowed on the east side of the street for two hours every Friday for street sweeping. There is an existing loading zone on the east side of Metropole Avenue next to the project site.
The applicant proposes to provide one on-site vehicle parking space, sized for a full-size vehicle or autoette, at the rear of the building, served by a ten-foot-wide curb cut as shown on the site plan included in Attachment 3. As a result, the existing loading zone on Metropole Avenue would be reduced to 20-feet in length, consistent with city code requirements. Because street parking is not allowed on the east side of Metropole Avenue no regular on-street parking spaces will be lost. In addition, a new 3-minute loading zone would be added at the entrance to the hotel on Beacon Street to facilitate drop off and pick up of hotel guests. This loading zone will also act as a stop for the Avalon COAST transit system, encouraging the use of public transit thereby minimizing the number of vehicles that would be required to park on the adjacent streets. 65059.00002\42886058.1
Creation of the Beacon Street loading zone would result in the loss of one on-street parking space.
The City Council discussed whether the loading zone for the hotel could be moved to the north side of Beacon Street or if the project could utilize the existing loading zone in the right-of-way in front of the Hotel St. Lauren. Staff has concerns about the viability of these options due to ADA accessibility considerations. Both locations are located downhill from the project site at a significant grade, which would make access for guests with mobility aids challenging.
It is possible that three employee housing units could qualify for residential autoette permits, if the nine-month residency requirement in the code is satisfied. However, it is the opinion of staff that this number of added permits is insignificant to the total number of autoette permits issued for the area and will not produce a significant impact where there is sufficient parking available for an additional four added permits. The fact that most parking will be done for limited periods, only to drop-off visitors to the hotel, and planned operation of a commercial vehicle for drop-offs, demonstrates that there will be minimal aggregate impacts to parking. Those features of the project were considered in finding three and four of the Conditional Use Permit, under AMC Section 9-8.404(a)(3)(4), noting that the use of the commercial vehicle and adjacent loading and drop-off zones would minimize parking impacts. Similarly, finding two of the Site Plan Review, under AMC Section 9-8.203(b) observed that parking impacts would be significantly curtailed by the use of the designated parking for the commercial vehicle in combination with the mitigation provided by the adjacent loading zones.
The City Council also discussed whether the rear yard area could be utilized for additional offstreet parking. The applicant has provided an alternative parking plan for this area included in Attachment 3. However, the applicant’s preference is to retain this area for one parking space only and to utilize the balance of the area for outdoor lounge and dining for the employee residents and transient workforce guests.
Issue #3 – Rooftop Deck Operations
The City Council asked for clarification on the intended operations of the rooftop deck. It was unclear, based on the staff the report and testimony of the applicant, who would have access to the rooftop deck and what types of services would be provided, such as food and beverage service.
Staff Response:
The applicant has prepared an updated project description, included as Attachment 4 of this report. The project description explicitly states that the rooftop deck will be for use by guests of the hotel only during regular operations. As shown in Attachment 3, seating includes a mix of lounging and conversation areas and countertop seating on the north side of the service building.
In addition, the roof plan has been revised so that no kitchen or food prep facilities will be provided in the upstairs service building. Any beverage and food service for guests, such as continental breakfast, will be prepackaged items brought in as needed by staff. A sink, dishwasher, refrigerator/freezer, icemaker, and storage will be provided to support the limited food service. Should the applicant wish to serve alcohol on premises, they will be required to submit a separate Conditional Use Permit application at a future date for consideration by the Planning Commission for an Alcoholic Beverage Control (ABC) license. 65059.00002\42886058.1
The applicant plans to make the hotel, including rooftop deck, available for special event rental, such as weddings, birthdays, and anniversaries. No special events shall be permitted on rooftop deck without prior approval of Special Event Permit. Specific Event Permits are reviewed by the City Manager and may be conditioned as appropriate to ensure compliance with city regulations, including the noise ordinance. It is anticipated that events will hire their own caterer for food and beverage service, which may include alcohol if the caterer has the appropriate ABC license.
Per the above, Conditions #10 through 14 have been included in the draft resolution regarding operation of the rooftop deck:
10.The hours of operation for rooftop deck shall be 7:00AM to 10:00PM daily and shall be in compliance with the City’s Noise Ordinance.
11.A minimum of one hotel staff member shall be present at all times when food and beverages are being served on the rooftop deck.
12.Use of the rooftop deck shall be limited to guests of the hotel only, unless approved in advance as part of a Special Event Permit.
13.No special events shall be permitted on rooftop deck without prior approval of Special Event Permit, pursuant to AMC Chapter 4-6, Special Events.
14.Approval of PC#2842 does not constitute approval of a State of California Alcoholic Beverage Control License (ABC). The applicant/developer shall submit a subsequent application to the Planning and Building Department for consideration of approval of a specific ABC license type for the hotel’s on-site operations as a modification of this Conditional Use Permit.
Issue #4 – Employee Housing Requirements
The City Council discussed the employee housing requirement for the Project, including the layout and size of the employee housing units and the transient workforce units on the ground floor. Council asked for clarification on the cooking facilities and other amenities to be provided for hotel employees and transient workforce employees.
Staff Response:
The revised floor plans included in Attachment 3 show that all hotel employee housing units and transient workforce units will be provided on the ground floor. Modifications have been made to the layout of the employee housing and transient workforce units in response to the increased rear setback and decreased building size.
AMC Section 9-11.104.d requires that any new commercial development shall provide rental housing for at least 50% of the peak season employees. The applicant has estimated that four full-time employees will be employed by the business with the completion of both phases of the project. The proposed project shall provide housing for three employees, consisting of one manager studio and two 2-bedroom housekeeper apartments units on-site. Each unit includes its own kitchen and bathroom facilities.
65059.00002\42886058.1
The number of employee housing units exceeds the housing requirements of the municipal code.
One less employee housing unit has been provided in the revised project plans versus the Planning Commission approved project plans due to the decrease in the overall size of the building.
There is no standard unit size requirement for employee housing units. However, all rentals must be for the period of not less than six months to provide housing stability for employees. Rents for such accommodation may be established by the hotel operator with City approval.
The proposed project is subject to audit by the City following the first peak season after commercial operations have commenced to ensure that a sufficient amount of employee housing has been provided to accommodate at least 50% of peak season employees. The City reserves the right to modify the new commercial development's rental space requirements in line with municipal code requirements if the estimation in this application is deficient.
Three transient workforce units are also provided on the ground floor of the building. These units are classified as hotel rooms, and the rooms will be rented on a daily or weekly basis to the developer’s construction employees or to the general public. Transient occupancy taxes (TOT) will be paid for each unit. These units do not include their own cooking facilities or dining area.
Instead, the applicant proposes to provide an outdoor lounge and dining area for transient workforce guests in the rear yard of the property. The transient workforce units will be provided the same housekeeping services as other rentable rooms in the hotel. Because of the transient nature of the units, these do not count towards the required employee housing units for the development.
Conclusion
It is the opinion of Staff that the applicant has adequately addressed the additional questions posed by City Council during the appeal public hearing on October 22, 2024. As revised, the Project continues to meet the findings for a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit. The draft resolution (Attachment 1) has been updated to reflect the revised project scope. Conditions recommended by the Planning Commission have been retained and additional conditions have been added to incorporate the City Council’s feedback on the proposed operations of the Project.
ENVIRONMENTAL DETERMINATION: The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 – In-fill Development Projects) because it has no potential to have a significant effect on the environment.
The Class 32 reflects a determination by the California Office of Planning and Research (OPR) that projects that meet the Class 32 criteria will not have a significant environmental effect and, therefore, are exempt from CEQA. (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1102.) To apply, a project must be an in-fill development and meet the following criteria: (1) is consistent with the applicable General Plan designation and applicable policies, as well as applicable zoning designations and regulations, (2) would occur on a site less than five (5) acres, (3) the project site must have no habitat value, (4) the project would not result in significant traffic, noise, air quality, or water quality effects, and (5) the site can be adequately served by all required utilities and public services. The Class 32 exemption reflects the understanding that “the majority of private projects for which a government permit or similar 65059.00002\42886058.1
entitlement is necessary are minor in scope … and hence, in the absence of unusual circumstances, have little or no effect on the public environment.” (Pacific Palisades Residents Association, Inc. v. City of Los Angeles (2023) 88 Cal.App.5th 1338, 1363.) If a project meets the criteria and qualifies for the Class 32 exemption, the project is categorically exempt from CEQA unless one of the exceptions to exemptions apply. The exemption is not limited to any use type and may apply to residential, commercial, industrial, public facility, and/or mixed-use projects.
The project meets all of the aforementioned requirements and is exempt under Class 32, as supported by substantial evidence:
a) General Plan and Zoning Consistency: The project site is designated Special Commercial (SC) by the General Plan Land Use Element and is located within the SC Zoning District.
The SC designation provides an area in which both small scale residents and neighborhood retail and services can coexist harmoniously. Hotels and residential uses are permitted in the SC with approval of a Conditional Use Permit. b) Less Than 5 Acres: The project site is approximately 3,225 square feet (0.07 acres), which is less than five acres.
c) No Habitat Value: The project site is located in an urban area currently developed with an three-story apartment building. Because of the existing site’s developed nature in a highly urban environment the site has no value as habitat for endangered, rare, or threatened species. There is no sensitive vegetation or habitat on-site. The project would not encroach into any jurisdictional waters or areas that support native and/or sensitive habitat. The property does not contain any wetland areas. d) No Significant Traffic, Noise, Air Quality or Water Quality Effects: Technical studies have been prepared that analyze the potential impacts of the proposed project on the surrounding community related to traffic, noise, and air quality. These studies conclude that the project will not generate a significant number of new vehicle trips, increase the ambient noise levels by more than 2 decibels, or generate construction or operations related emissions beyond the thresholds adopted by the South Coast Air Quality Management District. The site is currently fully developed, and a non-priority Water Quality Management Plan will be required to be prepared at the time of grading permit review.
e) Utilities and Public Services: All required utilities, including sewer, water, energy, are existing within the project site. Southern California Edison has issued a water allocation for Phase 1 of the project, for up to 10 bedrooms/units. All public services, including police and fire protection, are adequate to accommodate the project. As conditioned and designed, the project will be adequately served by all required utilities and public services Furthermore, the project was evaluated pursuant to the criteria for the exceptions to the exemptions as identified in Guidelines Section 14 CCR, Chapter 3, Article 19, Section 15300.2 and found that there are no exceptions to the use of an exemption for the project. The Property does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Therefore, no further analysis is required. A Notice of Exemption will be filed with the County of Los Angeles Clerk of the Board. 65059.00002\42886058.1
A complete CEQA Exemption Evaluation Report is available for review at City Hall and was included in the October 22, 2024 City Council Agenda packet.
FISCAL IMPACTS: Any expenses incurred by the City in the preparation of the staff report are reimbursable by the applicant.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The entitlement application will not be resolved until a final decision is made by the City Council.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. Draft City Council Resolution
2. October 22, 2024, City Council Draft Minutes
3. Revised Project Plans dated November 3, 2024
4. Revised Project Description dated November 1, 2024
Planning Commission Application PC#2842 and Appeal Application No. 24-02 Staff Reports and Attachments dated October 22, 2023 is available upon request. 1 RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, VARIANCE, SITE PLAN, AND COASTAL DEVELOPMENT PERMIT FOR A FOURSTORY HOTEL WITH EMPLOYEE HOUSING IN THE SPECIAL COMMERCIAL ZONE, LOCATED AT 301 BEACON STREET, AVALON,
CALIFORNIA
WHEREAS, Hamilton Pacific, LLC (“Applicant”) filed an application (“Application”) for Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit (PC#2842) to approve a demolition of a vacant three-story apartment building and construction of a four-story apartment building with employee housing (“Project”) on the property located at 301 Beacon Street, APN 7480-031-040 (“Site”); and WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Sections 9-8.401, 9-8.203.a and 9-8.103.a to review and take action on the subject applications for a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit; and
WHEREAS, the Site is categorized Special Commercial (SC) by the General Plan Land Use Element and is located within the Special Commercial (SC) zoning district; and WHEREAS, the Site is not located within the 300-foot appealable boundary of the Coastal Overlay Zone (Coastal Commission Appeal Jurisdiction) and is within the Avalon Planning Commission Jurisdiction; and
WHEREAS, the Application was found to qualify for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 – In-fill Development Projects). No public review is required; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on August 28, 2024, at which time interested persons had an opportunity to testify either in support of or opposition to granting a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit upon property described in attached Exhibit “A”; and
WHEREAS, the Planning Commission voted 7-0 to adopt Planning Commission Resolution No. 24-08 approving the Project pursuant to the findings and conditions set forth in the resolution; and
WHEREAS, on September 9, 2024, Diane Conover, owner of 310 Metropole Avenue, and Robert and Laurie Glaser, owners of 314 Metropole Avenue, filed a timely appeal of the Planning Commission’s decision requesting that the City Council review the Planning Commission’s approval of the Project (Appeal No. 24-02); and 2 WHEREAS, the City Council conducted a duly advertised public hearing on October 22, 2024, at which time interested persons had an opportunity to testify either in support of or opposition of the appeal application; and WHEREAS, the City Council voted 5-0 to set the Project before itself as a de novo hearing; and
WHEREAS, the City Council conducted one duly advertised public hearing on November 5, 2024, at which time interested persons had an opportunity to testify either in support of or opposition to granting a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit upon property described in attached Exhibit “A”; and WHEREAS, all other legal prerequisites for the consideration of the Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit have occurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon does hereby approve a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit for a four-story hotel with employee housing at 301 Beacon Street, based on the following findings:
SECTION 1 – ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 – In-fill Development Projects) because it has no potential to have a significant effect on the environment.
The Class 32 reflects a determination by the California Office of Planning and Research (OPR) that projects that meet the Class 32 criteria will not have a significant environmental effect and, therefore, are exempt from CEQA. (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1102.) To apply, a project must be an in-fill development and meet the following criteria: (1) is consistent with the applicable General Plan designation and applicable policies, as well as applicable zoning designations and regulations, (2) would occur on a site less than five acres, (3) the project site must have no habitat value, (4) the project would not result in significant traffic, noise, air quality, or water quality effects, and (5) the site can be adequately served by all required utilities and public services. The Class 32 exemption reflects the understanding that “the majority of private projects for which a government permit or similar entitlement is necessary are minor in scope … and hence, in the absence of unusual circumstances, have little or no effect on the public environment.” (Pacific Palisades Residents Association, Inc. v. City of Los Angeles (2023) 88 Cal.App.5th 1338, 1363.) If a project meets the criteria and qualifies for the Class 32 exemption, the project is categorically exempt from CEQA unless one of the exceptions to exemptions apply. The exemption is not limited to any use type and may apply to residential, commercial, industrial, public facility, and/or mixed-use projects.
3 The project meets all of the aforementioned requirements and is exempt under Class 32, as supported by substantial evidence:
a) General Plan and Zoning Consistency: The project site is designated Special Commercial (SC) by the General Plan Land Use Element and is located within the SC Zoning District. The SC designation provides an area in which both small scale residents and neighborhood retail and services can coexist harmoniously. Hotels and residential uses are permitted in the SC with approval of a Conditional Use Permit.
b) Less Than 5 Acres: The project site is approximately 3,225 square feet (0.07 acres), which is less than five acres.
c) No Habitat Value: The project site is located in an urban area currently developed with a three-story apartment building. Because of the existing site’s developed nature in a highly urban environment the site has no value as habitat for endangered, rare, or threatened species. There is no sensitive vegetation or habitat on-site. The project would not encroach into any jurisdictional waters or areas that support native and/or sensitive habitat. The property does not contain any wetland areas.
d) No Significant Traffic, Noise, Air Quality or Water Quality Effects: Technical studies have been prepared that analyze the potential impacts of the proposed project on the surrounding community related to traffic, noise, and air quality. These studies conclude that the project will not generate a significant number of new vehicle trips, increase the ambient noise levels by more than 2 decibels, or generate construction or operations related emissions beyond the thresholds adopted by the South Coast Air Quality Management District. The site is currently fully developed, and a non-priority Water Quality Management Plan will be required to be prepared at the time of grading permit review.
e) Utilities and Public Services: All required utilities, including sewer, water, energy, are existing within the project site. Southern California Edison has issued a water allocation for Phase 1 of the project, for up to 10 bedrooms/units. All public services, including police and fire protection, are adequate to accommodate the project. As conditioned and designed, the project will be adequately served by all required utilities and public services
Furthermore, the project was evaluated pursuant to the criteria for the exceptions to the exemptions as identified in Guidelines Section 14 CCR, Chapter 3, Article 19, Section 15300.2 and found that there are no exceptions to the use of an exemption for the project.
The Property does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Therefore, no further analysis is required. Staff will file a Notice of Exemption 4 with the County of Los Angeles Clerk of the Board and the Governor’s Office of Land Use and Climate Innovation.
SECTION 2 – FINDINGS
Annual Growth Policy:
The growth policy provides that new commercial development would only be permitted with confirmation from Southern California Edison Company (“SCE”) that adequate fresh water is available. The project involves permitting of a commercial business which requires an allocation for water service. On June 7, 2024, SCE confirmed the availability of a water allocation for Phase 1 of the project (up to ten bedrooms). The Applicant has been placed on the waitlist for Phase II of the project. Staff has conditioned the project to require confirmation of a water allocation for Phase 2 prior to issuance of any permits for improvements in that phase of site development. Staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2024 Annual Growth Policy.
Conditional Use Permit:
AMC Chapter 9-8.404 sets forth the required findings for approval of a Conditional Use Permit as follows:
1. The proposed conditional use shall conform with and carry out the certified Land Use Plan for the area. (AMC Section 9-8.404.a.1)
The proposed project implements the following General Plan Goals and Policies:
Policy II-9 of the Land Use Element:
“Encourage infill of the City Center area and where appropriate, increase the intensity of development on vacant and underutilized properties, in lieu of expanded development outward into Avalon’s hillsides, natural areas and open space.”
The project proposed to demolish a vacant three-story apartment building and replace it with a new hotel with employee housing. The existing building has been vacant for over 25 years and is in a state of disrepair. The project is designed to maximize the density of development on the property in the urbanized center of Avalon. Redevelopment of the project site will be an otherwise underutilized property back into productive use within the community and does not contribute to outward expansion into the surrounding natural areas or open spaces at the perimeter of the city.
Policy II-12 of the Land Use Element:
5 “Require infill development to incorporate design elements with buffers and transitions in density, scale, and mass to assure compatibility with adjacent uses.” The proposed project is designed to fit within the density, scale, and mass of existing development at the intersection of Metropole Avenue and Beacon Street.
The topography of this area represents a transition point between the “Flats” and the increasingly steep hillsides to the south and west. Existing development, including the St. Lauren Hotel and multi-family residential uses to the south and west, reflect a precedent for taking advantage of the sloping hillside to allow for denser, taller buildings that do not appear out of place within the context of the surrounding area.
Policy II-20 and II-21 of the Land Use Element:
“Pursue new developments and businesses that add to the City’s economic base, particularly those that general sales tax and transient occupancy tax.” “Expand lodging choices by attracting and retaining desirable and high-quality facilities to the community.”
The proposed consists of a hotel which provides individual hotel rooms and employee housing. The addition of more transient accommodations will provide an additional high-quality hotel option for visitors to the community and generate additional transient occupancy taxes.
2. The nature, condition, and development of adjacent uses, buildings and structures shall be considered and no proposed conditional use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings and structures. (AMC Section 9-8.404.a.2) The proposed project is consistent with adjacent land uses and building types. The sloped topography of the lot is unusual compared to the majority of other properties within the SC zone. This means that while the Applicant is requesting a variances for height, lot area, and lot coverage, the overall mass and scale of the building has been designed to fit within the context of surrounding commercial and multifamily residential development. Though not required by the municipal code, the accessory service building on the rooftop is intentionally placed to minimize potential impacts to the view of adjacent buildings to the harbor. Operations of the hotel, including rooftop deck, must comply with Avalon Municipal Code Section 5-
13.08 for a building within Noise District 3. Sound must be contained to the boundaries of the property and no events will be permitted without granting of a Special Event Permit by the City Manager. Therefore, the proposed project will not adversely affect or be materially detrimental to said adjacent uses, buildings and structures.
3. The site for a proposed conditional use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this chapter or as 6 required as a condition in order to integrate said use with the uses in the neighborhood. (AMC Section 9-8.404.a.3)
With the requested variances for lot coverage, floor area, building height, and hotel room size, the proposed project complies with all development standards as set forth in AMC for development on the project site in the Special Commercial (SC) zone. Designated parking for a commercial vehicle, combined with the adjacent loading and drop off zones, will ensure that traffic associated with operation of the business will not interfere with circulation at the corner of Metropole Avenue and Beacon Street, which is a heavily used intersection. The project site is located in an area with access to all necessary utilities and services to support the proposed use, including electric, water, gas, sewer, saltwater, and internet.
4. The site for a proposed conditional use shall be served by highways and streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate. (AMC Section 9-8.404.a.4) The project site is located at the southeast corner of Metropole Avenue and Beacon Street. This is a heavily traveled intersection and both streets are identified as Major Circulation Facility in the General Plan Circulation Element. The primary use of the property will be transitory housing and guests are anticipated to be dropped off by a rideshare (such as a taxi or other transport vehicle) at the curb at Beacon Street where they would enter the hotel lobby. Designated parking for a commercial vehicle, combined with the adjacent loading and drop off zones, will ensure that traffic associate with operation of the business will not interfere with circulation at the corner of Metropole Avenue and Beacon Street, which is a heavily used intersection.
5. The proposed conditional use shall be consistent with and carry out the purpose and intent of the underlying zone. (AMC Section 9-8.404.a.5) Per AMC Section 9-6.301, the SC zoning district is established as an area where both small-scale residences and neighborhood retail and services can coexist harmoniously. Hotels and residential uses are permitted in the SC with approval of a Conditional Use Permit.
The project proposes to develop a new hotel with individual hotel rooms, employee housing, and rooftop deck. This will provide a new transient accommodation option for visitors to the city as well as housing for local workers. This is consistent with the underlying intent of the zone and compatible with surrounding development in the vicinity of the project site.
Variance:
AMC Chapter 9-8.405 sets forth the required findings for approval of a Variance as follows:
7 1. Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
The urban fabric of Avalon is relatively compact, with approximately 80-90 acres of existing development already located within the valley floor and the immediately surrounding hillsides. The topography of this area surrounding the project site represents a transition point between the “Flats” and the increasingly steep hillsides to the south and west. The existing development, a three-story apartment building, has been vacant for over 20 years, with no interim uses or redevelopment applications.
The Applicant is requesting multiple variances from the development standards for the SC zone, as follows:
• Allow building height of 28 feet to 44 feet, with an additional 10 feet for the elevator building and accessory service building, where 28 feet is allowed.
• Allow 85% lot coverage, where a maximum of 80% is allowed. • Allow 348% floor area, where a maximum of 140% is allowed.
Though the property is of regular size, the sloped topography of the lot is unusual compared to the majority of other properties within the SC zone. The majority of lots within the Special Commercial zone, and commercial zoning districts in general, are located within the “Flats.” As a result, the development standards have been written to apply to lots with flat topography, which makes development on the project site difficult to accomplish within the parameters of the development standards as written.
For instance, the maximum building height in the SC zone is 28 feet. The municipal code definition for building height is “…the vertical distance from the lot's natural surface to the highest point of the building.” (AMC Section 9-3.608). Other zones in the city, particularly the residential zones, have additional detailed standards for measurement of building height (low slope, hillside, steep hillside) that account for the topography present within the zone to allow for equitable development of all lots. Similarly, development standards for lot coverage and floor area in the SC zone have not been tailored to take into the account the slope of the lot and the impact it will have on perceived mass and bulk above grade. Therefore, in the case of a sloped lot in the SC zone, strict application of the definitions of building height, floor area, and lot coverage would mean that the actual buildable area of the lot would be substantially less on a sloped lot than a flat lot, which would deprive the property of the same development potential compared to other properties within the same zone.
8 Existing development, including the St. Lauren Hotel and multi-family residential uses to the south and west, reflect a precedent for taking advantage of the sloping hillside to allow for denser, taller buildings that do not appear out of place within the context of the surrounding area, as discussed further in Site Plan Finding #2.
Therefore, the proposed variances may be granted in conformance with the findings of the municipal code, as there are special circumstances related to lot topography that would otherwise deprive the property of the development potential of other lots within the same zone that lack the sloped topography of this lot.
2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
The requested variances are consistent with approved development of other properties with hotels on sloped lots within the immediate vicinity of the project in the SC zone. The Hotel St. Lauren (231 Beacon Street) and Casa Maraquita (229 Metropole Avenue) are hotel projects also exceed the development standards in the SC zone, including height, floor area, and lot coverage standards. According to the permitting records for these projects, approval was granted because of the topography of the lots, and with acknowledgement that while the hotels were larger than permitted by the development standards for the zone, they fit within the context of the existing development and topography in the surrounding area.
Therefore, granting of the requested variances does not constitute granting of special privileges and similar variances have previously been granted for the same use on similarly sloped lots within the same zone to allow for the equitable development of property within the SC zone.
3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.
Hotels and residential uses are conditionally permitted uses within the SC zone. The application does not include a request for any use that is not permitted within the zoning district.
4. No variances shall be granted which reduce or adversely affect access to or along the shoreline, including physical or visual qualities of access.
The project site is located over 850 feet from the mean high tide line of Avalon Bay.
The site is not adjacent to, nor provides direct or indirect visual or physical access to, the shoreline of Avalon Bay, coastal hillsides or bluffs, or other significant viewsheds identified in the Avalon Local Coastal Plan.
9 5. The variance shall be consistent with the Local Coastal Program.
The proposed project implements Avalon General Plan/Local Coastal Plan and Local Coastal Program goals and policies as outlined in Conditional use Permit Finding #1 and Coastal Development Permit Findings #1 and 2.
Site Plan Review:
AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan Review as follows:
1. Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. (AMC Section 9-8.203.a)
With the requested variances for lot coverage, floor area, and building height the proposed project complies with all development standards as set forth in AMC for development on the project site in the Special Commercial (SC) zone as discussed in Conditional Use Permit Findings #1 through 5 and Variance Findings #1 through
5. 2. Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development intended, and the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and shall be in general accord with all elements of the General Plan. (AMC Section 9-
8.203.b)
The proposed project is designed to fit within the density, scale, and mass of existing development at the intersection of Metropole Avenue and Beacon Street.
The topography of this area represents a transition point between the “Flats” and the increasingly steep hillsides to the south and west. Existing development, including the St. Lauren Hotel and multi-family residential uses to the south and west, reflect a precedent for taking advantage of the sloping hillside to allow for denser, taller buildings that do not appear out of place within the context of the surrounding area.
The project site is located at the southeast corner of Metropole Avenue and Beacon Street. This is a heavily traveled intersection and both streets are identified as Major Circulation Facility in the General Plan Circulation Element. The primary use of the property will be transitory housing and guests are anticipated to be dropped off by a rideshare (such as a taxi or other transport vehicle) at the curb at Beacon Street where they would enter the hotel lobby. Designated parking for a commercial vehicle, combined with the adjacent loading and drop off zones, will 10 ensure that traffic associated with operation of the business will not interfere with circulation at the corner of Metropole Avenue and Beacon Street, which is a heavily used intersection.
The project site is located in an area with access to all necessary utilities and services to support the proposed use, including electric, water, gas, sewer, saltwater, and internet.
The rooftop deck will be open from 7:00 AM until 10:00 PM daily. Special events beyond usual operation will require the property owner to apply for a Special Event Permit (AMC Chapter 4-6) and demonstrate compliance with all city code requirements. Furthermore, operations must be consistent with Avalon Municipal Code Section 5-13.08 for a building within Noise District 3.
Therefore, the proposed project will not have any adverse effects on the public health, safety, or general welfare of the surrounding community.
3. Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of architecture. (AMC Section 9-8.203.c)
The project site is located within a developed area of Avalon, on an urbanized parcel with other existing commercial, institutional, and residential buildings. The design elements in the proposed plans are consistent with the established scale of the buildings and structures within the community and will not stand out as inconsistent with existing development on the site or in the vicinity. The proposed building has a contemporary modern architectural style that incorporated traditional design elements. Significant design features include the engineered wood siding, divided light windows, mansard roof, glass parapet railings, and glass elevator tower. While the municipal code does not dictate a particular architectural style, similar recent residential projects throughout the city utilize a similar design aesthetic. While the building is rectangular in shape, the horizontal belt course and vertical window frames provide articulation and interest to the façade. Overall, the mass and scale of the building is compatible with surrounding development and is functional for its intended purpose as a hotel.
Coastal Development Permit:
The City of Avalon is located entirely within the Coastal Zone. The project is not located within the 300-foot appealable boundary of the Coastal Zone but qualifies as development that requires the local issuance a Coastal Development Permit in accordance with AMC Section 9-8, dependent on the following findings:
1. The use is in conformance with the certified Local Coastal Program. (AMC 9-
8.103.d.1)
11 Determination of conformance for projects within the City of Avalon includes analysis of whether the proposed project conforms with the Avalon General Plan, the Local Coastal Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances, as applicable.
• General Plan/Local Coastal Plan: The Special Commercial (SC) zoning designation of the project site is consistent with the General Plan land use designation of Special Commercial (SC).
As previously discussed in Conditional Use Permit Finding #1, the proposed project implements the following General Plan Goals and Policies: Policies II8, II-12, II-20 and II-21 of the Land Use Element. • California Coastal Act: The proposed project complies with the following sections of the Coastal Act:
Section 30250:
“(a) New residential, commercial, or industrial development, except as otherwise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions, other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent of the usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels.”
The project site is located within the urban center of Avalon, on an existing developed parcel surrounded by other commercial, institutional, and residential uses. The project site is directly abutting the Metropole Avenue and Beacon Street public rights-of-way and is adequately served by all necessary utilities in order for the proposed use to operate at the property. The project site is not located on the coastline or adjacent coastal bluff or hillside and does not impede any designated coastal viewshed as identified in the Avalon Local Coastal Plan. Therefore, the project site can accommodate the proposed project and will not have an individual or cumulative effect on coastal resources.
Section 30251:
“The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and 12 enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.” The project site is located within the city center of Avalon, on an urbanized parcel that is located in a transitional area between the “Flats” and beginning of the hillside sloping up Metropole Avenue to the south. The proposed project is visually compatible with the mass and scale of surrounding commercial and multi-family residential development, and fits into the character of the Avalon skyline. The project will enhance the visual quality of the area through demolition of an existing vacant, neglected building and construction of a new commercial hotel in a modern architectural style, consistent with other recent development within the city. The project site is not located in a scenic area identified in the Avalon Local Coastal Plan or in the California Coastline Preservation and Recreation Plan.
• Special Commercial Zone Development Standards: The proposed project, with the inclusion of requested variances for lot coverage, floor area, and height complies with the development standards as set forth in AMC Section 9-6.404 for buildings in the Special Commercial (SC) zone and the Avalon Municipal Code.
• Affordable Housing Ordinance: AMC Section 9-11.104.d requires that any new commercial development shall provide rental housing for at least 50% of the peak season employees. The Applicant has estimated that four full-time employees will be employed by the business with the completion of both phases of the project. The proposed project shall provide housing for four employees, consisting of one manager suite and three housekeeper studio units. Therefore, the project exceeds the employee housing requirements of the Affordable Housing section of the municipal code.
2. For all development seaward of the nearest public highway to the shoreline, the proposed development conforms to the public access and recreation policies of Chapter 3 of the Coastal Act. (AMC 9-8.103.d.2) The project site is not seaward of Crescent Avenue, which is the nearest public access to the shoreline. The proposed project involves improvements to an existing developed property in the developed area of the city, in compliance with development standards and variance findings in the Avalon Municipal Code.
Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities.
Furthermore, the project does not include any building or site modification that could block or impede existing public access opportunities.
SECTION 3 – ADMINISTRATION AND CONDITIONS OF APPROVAL
13 1. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby finds the property Site is not within the 300-foot appealable zone of the Coastal Development Permit to the California Coastal Commission.
2. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the City Council grants the Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit, subject to the conditions of approval set forth in the attached Exhibit “B.”
3. The Mayor shall sign this Resolution and the City Clerk 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 Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5th day of November, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
___________________________
Ann H. Marshall, Mayor
ATTEST:
______________________________
Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:
___________________________
Scott Campbell
Best Best & Krieger, LLP
14 EXHIBIT “A”
LEGAL DESCRIPTION
Street Address: 301 Beacon Street, APN 7480-031-040
LOT 41 AND THE NORTHERLY 19 FEET OF LOT 42, OF BLOCK I, TRACT 3368 OF
THE ORIGINAL MAP IN THE CITY OF AVALON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, NOW DESIGNATED AS LOT 53, BLOCK 22, OF THE ASSESSMENT MAP OF THE CITY OF AVALON. EXCEPT THE SOUTHEAST 25 FEET OF THE NORTHEAST 19 FEET OF SAID LAND, AS RECORDED IN BOOK 1, PAGES 31 TO 46,
OF OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
15 EXHIBIT “B”
CONDITIONS OF APPROVAL
Street Address: 301 Beacon Street, APN 7480-031-040
1. The project shall conform in substance and be maintained in general conformance with plans and exhibits labeled Project Plans in the staff report dated November 5, 2024 including any modifications required by conditions of approval, and as approved by the City Council.
2. Except as otherwise provided herein, this project is approved as a precise plan.
After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Planning Director for approval. If the Planning Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Planning Director may approve the changed plan without requiring a new public hearing. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the Planning Commission.
3. The site plan and architectural plans shall provide a minimum rear setback of 14 feet above grade between the building and the shared property line with 310 Metropole Avenue to the south of the project site.
4. Building permits shall be obtained for all construction work as required by the City of Avalon Planning and Building Department. Failure to obtain the required building permits may be cause for revocation of this entitlement.
5. At the time that Phase 1 of the project has been completed, occupancy of the building shall only be granted with approval of the Avalon Fire Department that all necessary fire safety systems are operational throughout the entire building, including but not limited to fire sprinklers, smoke detectors, and fire alarms.
6. Any future building signage shall comply with the provisions of AMC Chapter 9 Article 7 - Signs.
7. It shall be unlawful for any person at a radius within 500 feet of any residential zone or of a hotel or motel, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, or any other construction-type device, or to cause to permit such construction operations, between the hours of 7:00 p.m. and 8:00 a.m., or at 16 any time on a Sunday, except when such acts constitute emergency work as defined in subsection (d) of § 5-13.02 of AMC Chapter 5-13, Noise, and issuance a Noise Variance Permit as described in § 5-13.10.
8. Prior to issuance of a building permit, the applicant/developer shall prepare a lighting plan that includes the location, type, and illumination level of all proposed exterior light fixtures for staff review. Exterior lighting shall be arranged to prevent glare or directed illumination onto adjacent properties.
9. Operation of the hotel shall comply with all provisions of AMC Chapter 9-13 Noise.
The operator shall not use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from the real property line on which the sound amplifying equipment is located unless permitted by Special Use Permit.
10.The hours of operation for rooftop deck shall be 7:00AM to 10:00PM daily and shall be in compliance with the City’s Noise Ordinance.
11.A minimum of one hotel staff member shall be present at all times when food and beverages are being served on the rooftop deck.
12.Use of the rooftop deck shall be limited to guests of the hotel only, unless approved in advance as part of a Special Event Permit.
13.No special events shall be permitted on rooftop deck without prior approval of Special Event Permit, pursuant to AMC Chapter 4-6, Special Events.
14.Approval of PC#2842 does not constitute approval of a State of California Alcoholic Beverage Control License (ABC). The applicant/developer shall submit a subsequent application to the Planning and Building Department for consideration of approval of a specific ABC license type for the hotel’s on-site operations as a modification of this Conditional Use Permit.
15.The applicant/developer shall be responsible for the cost of all improvements in the public right-of-way required for the construction of the project, including but not limited to utilities upgrades, sidewalk repairs, and roadway improvements.
16.The applicant/developer shall coordinate with the Public Works Department to determine the location of, and shall be responsible for, the construction of a crosswalk or similar facilities as part of the public right-of-way improvements required to serve the project.
17.All utilities serving the project site shall be undergrounded on the property.
18.The applicant/developer shall provide a freshwater fire hydrant on the property. 17 19.Prior to issuance of a demolition permit, the applicant/developer shall prepare a construction management plan for approval by the Public Works Department. The plan shall include, but is not limited to, detailed information regarding proposed street closures, traffic management plans, and encroachment permits required for construction of the project.
20.Prior to issuance of a grading permit, the applicant/developer shall prepare a nonpriority Water Quality Management Plan (WQMP) for approval by the Public Works Department.
21.A trash enclosure shall be maintained of sufficient size to contain all bins and carts for the required solid waste, recycling, and organics service for the hotel operations, in compliance with all standards and requirements of AMC Chapter 6- 2, Solid Waste Collection, Article 2 “Commercial and Public Place Accumulations, Disposal, and Collection.”
22.The on-site commercial vehicle space shall be a minimum of 8 feet by 17 feet in size, consistent with the standard for a full-size vehicle space per AMC Section 9-
7.606.a.
23.A qualified archaeologist that meets the Secretary of the Interior’s Professional Qualification Standard for Archaeology will be retained for ground disturbing projects within the City of Avalon. The qualified archaeologist will serve as the Principal Archaeologist and ensure compliance with all local, state, and federal laws and regulations. An archaeological monitor and Tribal Monitor/Representative will monitor all ground disturbing activity and provide technical support to the City during projects. The Tribal Monitor/Representative will be someone of Gabrielino/Tongva descent. The archaeological monitor operates under the supervision of the Principal Archaeologist, and the archaeological monitor and Tribal Monitor/Representative have the authority to redirect work as necessary in order to evaluate and protect newly discovered cultural resources and/or Native American remains.
24.Cultural and tribal cultural resources monitoring activities shall comply with the City of Avalon “Cultural Resources and Native American Remains Monitoring and Mitigation Compliance Plan” dated January 2018.
25.Pursuant to AMC Section 9-11.104.d, the Applicant shall be responsible for providing rental housing for at least 50% of peak season employees, calculated at the time entitlements are granted. Any commercial development subject to the provisions of this Chapter is subject to audit by the City following the first peak season after commercial operations have commenced, and the City reserves the right to modify the new commercial development's rental space requirements in line with this chapter if the estimation was deficient. Rents for such accommodations may be established by the hotel/motel/resort/new commercial 18 operator with City approval, consistent with the City's "Implementation Guidelines" policy. Whether the hotel/motel/resort/new commercial operator may use existing housing stock or instead build new rental spaces to fulfill the requirements of this section will also be determined in line with the City's "Implementation Guidelines" policy. All rentals must be for the period of not less than six months.
26. All hotel employee housing units shall provide dedicated kitchen and bathroom facilities within each unit.
27.On June 7, 2024, Southern California Edison granted a water allocation for only Phase 1 of the project, as described in the “Construction Phasing” section of the staff report (up to 10 bedrooms/units). Confirmation of an additional water allocation must be secured prior to the granting of building permits for development associated with Phase 2 of the project. The Applicant shall have up to three years to secure the necessary water allocation to complete the approved project. Should Applicant fail to obtain the required water allocation from SCE for the additional Phase 2 units, no building permit shall be issued for Phase 2 of the project.
28.Pursuant to AMC Chapter 4-4, Article 17 “Registration of Vehicles”, the Applicant or business owner shall be required to obtain a Vehicle Permit for all residential and commercial vehicles that will operate within the public right-of-way of the City of Avalon.
29.Pursuant to AMC Section 9-8.410, this approval for these entitlements shall expire 36 months after the granting of approval if not vested or if a timely request for an extension of time has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control of the property owner shall not result in the termination of such right or privilege.
30.The Applicant shall, at its own expense and with counsel selected by City, fully defend, indemnify and hold harmless City, its officials, officers, employees, and agents (the “Indemnified Parties”), from and against any and all claims, suits, causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorneys' fees, ("Liabilities"), arising in any way out of the Application or the Project under any state, federal, or local statute, law, ordinance, rule, regulation, or decision of a court of competent jurisdiction. Applicant's indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul the City's approval of the Application, and Liabilities premised on, related to or invoking CEQA, including but not limited to, those arising out of City's decision that the Project is exempt from CEQA. City shall promptly notify Applicant of any such claim, action or proceeding, and shall cooperate fully in the defense of such claim, action, or proceeding. Applicant hereby waives any potential claim it might otherwise assert against City for any suspension of the processing of the Application resulting from the carrying out of this condition. Applicant's obligations under this condition shall not be limited to the amount of insurance coverage that may be available to Applicant, and shall not 19 otherwise be restricted or confined by the presence or absence of any policy of insurance held by City or Applicant. Applicant's obligations, as set forth above, shall survive the completion or abandonment of the Project or the issuance of a certificate of occupancy with respect thereto. Such obligations shall be perpetual in duration and shall continue until such time as the Indemnified Parties are no longer at risk for the Liabilities. Applicant's obligations to indemnify under this Agreement shall include the obligation of the Applicant to defend City with legal counsel of City's own choosing. In the event City elects not to select such counsel, the designation of such counsel shall be made by the Applicant but shall be subject to prior approval by City. In addition, City may, at its discretion, participate in the defense of any action and/or proceeding. The provisions of this condition are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Further, all obligations and Liabilities under this Agreement are to be paid by the Applicant as they are incurred.
31.The Applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit.
CITY COUNCIL MINUTES
OCTOBER 22, 2024
PAGE 2
PUBLIC HEARING
5. Fiscal Year 2024-2025 Miscellaneous Fee Schedule Revisions
1. City Council heard a presentation regarding the Miscellaneous Fee Schedule.
2. Mayor Marshall opened the Public Hearing, no comments were made. 3.
Mayor Marshall closed the Public Hearing. 4. Adopted the fee schedule as proposed and adopted Resolution No. 24-39 of the City Council of the City of Avalon Setting Fees for Services, Facilities and Activities of the City of Avalon for Fiscal Year 2024-25.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
6. Appeal of Planning Commission Action No. 24-08 of PC#2842 Approving a Site Plan, Conditional Use Permit, Variance and Coastal Development Permit at 301Beacon Street
1. Mayor Marshall opened the Public Hearing. 2. Public Comments were heard.
3. Mayor Marshall closed the Public Hearing. 4. City Council considered the appeal and selected option: d) To set the matter for hearing before itself, considered de novo (Avalon Municipal Code (AMC) Section 9-8.601).
The de novo hearing will be scheduled for the November 5, 2024 City Council meeting. City Council has requested that the applicant/developer Mike Flynn provide a complete set of plans (site plan, floor plan, elevation, etc.), edit language to reflect that the rooftop deck is to be used for hotel guests and is not intended for the general public, and to provide designated parking and loading area options (i.e. on-street parking, curb-cut parking, and/or off-street parking).
Motion to approve made by Lisa Lavelle, seconded by Mary Schickling. (All Ayes)
GENERAL BUSINESS
7. Coyote Joe’s Outdoor Patio Lease Assignment
Authorized the assignment of the lease for city-owned real property at 113 Catalina Avenue from Seabring Inc., dba Coyote Joe’s Restaurant to CoyoteJoe’s Bar and Restaurant, LLC.
Motion to approve made by Michael Ponce, seconded by Yesenia De La Rosa. (All Ayes)
Applicant: Hamilton Pacific LLC
Project Data
APN: 7480-31-53, City of Avalon, Los
Angeles County
Address: 301 Beacon Street, Avalon CA
Gross: 3,315.5 SF Net: 3,315.5 SF
Zoning: Special Commercial
Proposed Use: Hotel
32 Hotel Rooms
3 Employee Suites
Off-Street Parking: one vehicle (min)
Trash Enclosure: 1 per City Standards
*No street parking allowed west side of
Metropole Street, except on Street
Sweeping Days
Rooftop Deck:
Elevator (Enclosed): 70 SF
Bathroom/Storage (with Roof): 299 SF
Open Bar Area: 213 SF
Open Storage: 276 SF
Building Interior:
First Floor: 2,675 SF
Second Floor: 2,835SF
Third Floor: 2,835 SF
Fourth Floor: 2,835 SF
Total: 11,180 SF Open Seating Area: 1,650 SF
Total: 2,508 SF
FAR: Permitted Existing Proposed
140% 177% 348%
Lot Coverage:
Permitted Existing Proposed
80% 80% 85%
95’ Property Line
81’ Proposed Building 14’
34.9’ Property Line
34.9’ Proposed Building
66’ Existing Building
46’ Open /
Parking
Hotel St. Lauren
Revision 11/3/24
Bar, Storage,
Bathrooms
OpenOutside Storage
Notes
1. New Elevator 70 SF
2. Refer to Rooftop Deck for
dimensions
3. New 20 Min Loading Zone (20 feet
long, TBD Per City Standard)
4. Existing curb cut 5’ (to remain)
5. New Trash Area (City Standards)
6. New Stairs
7. Existing curb cut 24’ (to remain)
8. New Curb Cut (10’)
9. New Dropoff Zone (20’ TBD Per City
Standard)
10. Outdoor Storage to be screened per
City Standards
1 2
4 5
6 10’
7 71’
8 Rooftop Guest Area
10 3
9 16' 8"
12' 4"
Ground Floor
Housekeeper Unit #1
2 Bdrm/Kitchen- 261 sq.ft.
14' 2" 15' 0"
34' 8"
Elevator
1 Elevator
2 Manager
14' 0"
5' 0"
2 Hotel Rooms
4 Staff Studios
3 Workforce Rooms
Up
Room #1
THE CAMERON HOTEL
81' 0"
10/30/2024
(8 Beds)
13' 9 5/16"
6' 0"
13' 2"
17' 8"
24' 0" 6' 1 5/16"
Up
Powder
Bath
Front Desk
TV
CL
CFE
Seat
Table
NS
Luggage
Storage
CL
T
V
TV
Table
Full Size
Bed
Room #2
TV
CL
CFE
REF
TV
Table
TV
Full Size
Bed
CL
TV
TV
Full Size
Bed
CL
Table
TV
R/F
CL
CFE
Seat
Cal King
Bed
Suite
Queen Bed
CL
10' 8" 10' 2"
4' 0"
14' 0"
16' 8"
CL
TV
Sofa
Table
Ref
1 Managers Suite (1 Bed)
Bdrm #1
Bdrm #2
Bdrm#2
Bdrm#1
TV
ICE W/D
Single
Bed
Single
Bed
CL
CL
CL
Bdrm #1
Bdrm #2
(205 sq. ft.)
(154 sq. ft.)
(153 sq.ft.)
CL
Bdrm #4
(190 sq. ft.)
(42 sq. ft.)
(39 sq. ft.)
(190 sq. ft.)
(39 sq. ft.)
(38 sq. ft.)
Transient Work Force #1
2 Bdrms/ 2 Bathroom
- Bedroom #1 = 153 sq.ft.
Bath = 38 sq.ft.
- Bedroom #2 = 154 sq.ft.
Bath = 37 sq.ft.
Total - 382 sq.ft.
(39 sq.ft.)
(85 sq.ft.)
(82 sq.ft.)
(94 sq.ft.)
(38 sq.ft.)
2 Bathroom - 77 sq.ft.
Total - 338 sq.ft.
CL CFE
(107 sq.ft.)
(35 sq.ft.)
(35 Sq.ft.)
(133 sq.ft.)
(98 sq.ft.)
Housekeeper Unit #2
2 Bdrm/Kitchen- 338 sq.ft.
2 Bathroom- 70 sq.ft
Total - 408 sq.ft.
Unit #1
Unit #2
(49 sq.ft.)
(186 sq.ft.)
(48 sq.ft)
LOBBY
L
a
u
n
d
ry
ABBREVIATIONS
Cl = Closet
CFE= Coffee Maker
Bdrm = Bedroom
WF = Transient Work Force
Abbreviations. = Square Feet
WF#1
WF#1 WF#2
Laundry
10' 8"
Unit # = Housekeeping Unit Transient Work Force # 2
1 Bedroom = 190 sq.ft.
1 Bathroom = 39 sq.ft.
Total = 229 sq.ft.
W/D = Washing Machine/Dryer
DW = Dish Washer
Single
Bed
Single
Bed
Single
Bed
(4 Beds)
Total = 13 BEDS
TV
TV
Queen
Size
Bed
14' 0"
D
W
3' 0"
7' 8"
37 sq.ft.
13' 0"
Bunk
11' 6"
Room # 3 Room # 4 Room # 5 Room # 6 Room # 7
Room # 8 Room # 9 Room # 10 Room # 11
9 Hotel Rooms
Elevator
1 Elevator
2 81' 0"
34' 9 5/16"
5' 4"
13' 8"
The Cameron Hotel
Second Floor
81' 0"
10/28/2024
Hall
Stora
g
e
12' 4"
6' 4"
5' 0"
Down
UP
Cal King
Bed Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
12' 4"
12' 4"
6' 2"
12' 6"
12' 0"
14' 8"
5' 4"
14' 0"
6' 8"
6' 8"
15' 4 3/16"
14' 0"
CURB CUT 10 FEET
TV
TV
TV
TV
TV
TV
TV
TV
TV
Seat
CL CFE
Table
Table
Seat CFE CL
CFE
CL
Seat
Table
Table
Seat
CFE CL
Table
Seat
CFE CL
Table
CL
CFE
Seat
Table
Seat
C CL CFE CLFE
Seat
Table
CL CFE
Seat
Table
3' 4" Outside
Lounge
and Dining
for Employees
Parking
One
Space
ICE W/D
(215.5 sq.ft.)
(42 sq.ft.)
(42 sq.ft.)
(214 sq.ft.)
(192 sq.ft.)
(44 sq.ft.)
(44 sq.ft.)
(193 sq.ft.)
(187 sq.ft.) (180 sq.ft)
(46 sq.ft.)
(48 sq.ft.)
(185 sq.ft.)
(185 sq.ft.)
(39 sq.ft.)
(42 sq.ft.)
13' 0"
(185 sq.ft.)
ABBREVIATIONS
W/D= Washer/Dryer
P-1= Parking Space 1
P-2= Parking Space 2
P-3= Parking Space 3
P-4= Parking Space 4
CL = Closet
CFE = Coffee bar
Mechanical
18' 0"
10' 0"
14' 0"
15' 4"
Tra
s
h
3' 8"
6' 0"
13' 4"
15' 4"
(55 sq.ft.)
Room # 12 Room # 13 Room # 14 Room # 15 Room # 16
Room # 17 Room # 18 Room # 19 Room # 20
9 Hotel Rooms
Elevator
1 Elevator
2 81' 0"
34' 9 5/16"
5' 4"
13' 8"
The Cameron Hotel
Third Floor
81' 0"
10/28/2024
Hall
Stora
g
e
12' 4"
6' 4"
5' 0"
UP
Cal King
Bed Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
12' 4"
12' 4"
6' 2"
12' 6"
12' 0"
14' 8"
5' 4"
14' 0"
6' 8"
6' 8"
15' 4 3/16"
14' 0"
TV
TV
TV
TV
TV
TV
TV
TV
TV
Seat
CL CFE
Table
Table
Seat CFE CL
CFE
CL
Seat
Table
Table
Seat
CFE CL
Table
Seat
CFE CL
Table
CL
CFE
Seat
Table
Seat
C CL CFE CLFE
Seat
Table
CL CFE
Seat
Table
ICE W/D
(215.5 sq.ft.)
(42 sq.ft.)
(42 sq.ft.)
(214 sq.ft.)
(192 sq.ft.)
(44 sq.ft.)
(44 sq.ft.)
(193 sq.ft.)
(187 sq.ft.) (180 sq.ft)
(46 sq.ft.)
(48 sq.ft.)
(185 sq.ft.)
(185 sq.ft.)
(39 sq.ft.)
(42 sq.ft.)
13' 0"
(185 sq.ft.)
ABBREVIATIONS
W/D= Washer/Dryer
P-1= Parking Space 1
P-2= Parking Space 2
P-3= Parking Space 3
P-4= Parking Space 4
CL = Closet
CFE = Coffee bar
Mechanical
14' 0"
13' 4"
15' 4"
(55 sq.ft.)
Open Space
Open Space
Room # 21 Room # 22 Room # 23 Room # 24 Room # 25
Room # 26 Room # 27 Room # 28 Room # 29
9 Hotel Rooms
Elevator
1 Elevator
2 81' 0"
34' 9 5/16"
5' 4"
13' 8"
The Cameron Hotel
Fourth Floor
81' 0"
10/28/2024
Hall
Stora
g
e
12' 4"
6' 4"
5' 0"
UP
Cal King
Bed Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
Cal King
Bed
12' 4"
12' 4"
6' 2"
12' 6"
12' 0"
14' 8"
5' 4"
14' 0"
6' 8"
6' 8"
15' 4 3/16"
14' 0"
TV
TV
TV
TV
TV
TV
TV
TV
TV
Seat
CL CFE
Table
Table
Seat CFE CL
CFE
CL
Seat
Table
Table
Seat
CFE CL
Table
Seat
CFE CL
Table
CL
CFE
Seat
Table
Seat
C CL CFE CLFE
Seat
Table
CL CFE
Seat
Table
ICE W/D
(215.5 sq.ft.)
(42 sq.ft.)
(42 sq.ft.)
(214 sq.ft.)
(192 sq.ft.)
(44 sq.ft.)
(44 sq.ft.)
(193 sq.ft.)
(187 sq.ft.) (180 sq.ft)
(46 sq.ft.)
(48 sq.ft.)
(185 sq.ft.)
(185 sq.ft.)
(39 sq.ft.)
(42 sq.ft.)
13' 0"
(185 sq.ft.)
ABBREVIATIONS
W/D= Washer/Dryer
P-1= Parking Space 1
P-2= Parking Space 2
P-3= Parking Space 3
P-4= Parking Space 4
CL = Closet
CFE = Coffee bar
Mechanical
14' 0"
13' 4"
15' 4"
(55 sq.ft.)
44' 10 11/16"
12' 8"
Elevator 1 Elevator 2
12' 0"
13' 0"
Storage
Bathroom 1 Bathroom 2
ROOF TOP DECK
THE CAMERON HOTEL
Storage
Indoor Outdoor
Down
14' 0"
13' 10"
10-28-2024
5' 4"
81' 0"
34' 8" final 13' 4"
Open Space
Open Space
B
ar/C
o
u
nter S
e
atin
g
S
h
elvin
g
2' 0"
7' 2"
21' 6"
23' 6"
28' 0"
49' 4"
10' 0"
34' 10 11/16"
4' 0"
35' 0"
34' 8"
29' 0"
30' 9 1/8"
29' 0"
9' 0"
10' 0"
28' 0"
9' 0"
9' 0"
13' 2"
11' 8"
10' 0"
Ground Floor
Second Floor
Third Floor
Fourth Floor
Roof Top Deck
S
METROPOLE
id
e
w
alk
2' 0"
2' 0"
4 foot
Setback
Open Air
Bar/Storage/Bathroom
Top of Roof
8' 10 11/16"
2' 8"
The Cameron Hotel
10/29/2024
Cross Section "A"
Existing Grade
Property Line
Property Line
4' 0"
9' 0"
9' 0"
9' 0"
10' 0"
12' 5 1 1/ 6"
9' 0"
9' 0"
9' 0"
81' 0"
2' 0"
2' 0" 2' 0"
First/Ground Floor
Second Floor
Third Floor
Fourth Floor
Roof Top Deck
12' 0" 14' 0"
6' 0"
Existing Grade
12' 2" 21' 4"
10' 0"
44' 10"
49' 4"
Existing
Fence
Side
Walk
Bar
Storage
Bathroom
3' 0"
Mechanical HVAC
2' 4 11/16"
Elevator
Mechanical
9' 2"
2' 0"
10' 0"
Outside
Storage
2 8 fe
et
4 2 fe
et
94' 8"
Finish Grade
Cross Section "B"
The Cameron Hotel
4' 0"
Stair
Down Rail
Fence
Elevator
Ele
v
ator Shaft
5 0 fe
et
8' 0"
3' 1 5/16"
13' 0"
Set
Back
4' 0" Down
5' 0"
8' 0"
5' 0"
Trash 7' 2"
6' 10"
12' 2"
4' 0"
10 foot curb cut
Driv
e
w
a
y
P-1 P-2
P-3
P-4
Hotel Hallway
Hotel
Hotel
Alternative four space
Parking Exhibit
Sidewalk Sidewalk
The Cameron Hotel
Project Description
The proposed Cameron Hotel is located on the south-west corner of Beacon Street and Metropole in the City of Avalon.
The existing structure was originally built in 1923. With the intention of providing housing for the Cameron family whom occupied the building for over 30 years. However the existing building has been vacant for the last 30 years and has fallen into a serious state of disrepair. Numerous unsuccessful options have been proposed to the Cameron family relating to bringing this building back to life. The Cameron family has entered to an agreement with Hamilton Pacific which will allow the revival of this site.
Rehabilitation of the existing structure was considered and it was determined to be infeasible because of the integrity of the existing structure. plumbing, electrical, HVAC, fires sprinklers do not meet any of todays building codes and requirements. Therefore it has been determined to remove the existing building with a new structure that can provide to the community uses that are desperately needed.
Currently, Avalon is desperately in need employee housing for both year round housing as well as daily workforce
housing. This type of housing is a strong component of the new proposed plan. The financial requirements of the type of housing has to be partially subsidized by other ancillary uses and activities.
Transient housing/hotel and support uses for visitors and the community is also a recommended use, compatible with the neighborhood and the needed workforce housing use.
Therefore the following is the description of the proposed projects:
1.) Workforce Housing -
- 1 Managers Unit including kitchen and dining area
- 2 units of year round hotel employee housing
which will include 2 bedrooms/2 bathrooms
and a common area
- 3 units for daily transient workforce housing
- This use will include sleeping
quarters that are set up for
occupancy for a total of 8 beds.
- BBQ and Outside dining area
are included as well.
- Each Room has its own private full bathroom
- Each Room will have a refrigerator and coffee
maker.
- Exterior cooking facilities will include prep
counter, sink and BBQ. Associated with this
area is a large dining/patio that will
comfortably seat 12.
- HVAC, Internet, Daily Housekeeping Service
- Separate Entrance from the Hotel
- Primary Access and 2nd emergency Access
Summary:
- 1 Managers Suite
- 2 units, 2 bedroom/2 bath for a total of 4
bedrooms for year round employee housing
- 3 Units of Workforce Housing which will
include 8 beds.
TOTAL = 13 work force housing beds
2.) Hotel
- New Hotel
- ADA Compliant
- Lobby entrance
- Full-time onsite manager
- 29 typical hotel rooms that average 235 square
feet, each with their own private bathroom.
- 1 Manager Suite, 2-2 bedroom/2 bath year round
hotel employee suites, and separately 8 daily
workforce beds in three separate units.
- Individual hotel rooms will include King and
Queen size beds, dinette, refrigerator, coffee
maker, wardrobe closets, Smart TV, Ceiling Fan,
Hair Dryer
- HVAC, Internet
- No Vehicles or Vehicle Parking
- Daily Housekeeping
- Room Service 7:30 am to 9:00 pm
- In house laundry
- Current Decor
- Security safe
- Primary glass Elevator Access
- Secondary Emergency Access
Total = 29 full size hotel Rooms
1 Manager Unit year round
4 Hotel Employees year round
8 Daily Workforce
42 OCCUPIED ROOMS
3.) Roof Top Deck
-HOTEL GUESTS ONLY, not open to general
public.
- ADA compliant.
- Glass Elevator
- Hours of operation 7:00 am to 10:00 pm.
- Lounge Setting including lounge furniture, plant,
material, bar, sink, dish washer, refrigerator,
freezer, ice maker, indoor and outdoor storage.
- Amplified music that cannot be heard beyond the
property boundaries.
- Custom sound system for mood music at low
volume
- Garden Setting with Bay view
- Weddings or large gatherings would require
Special Use Permit (Noise, Security, hours of
operation, etc). Maximum Occupant Capacity 100
- Men’ Bathroom - 1 toilet and 2 urinals and 2
sinks. ADA Compliant
- Women’s Bathroom - 2 toilets, 2 sinks. ADA
compliant
- Fenced Storage Facilities
- Glass Perimeter Walls to maintain view, reduce
wind, reduce any ambient noise
- Secondary Emergency Access
- Compliant Lighting per Avalon Municipal Code
General Project Information
- Parking - One Parking Space
- One vehicle allowed for general purposes
- 20 foot Loading Zone - Metropole
- New 4 foot Sidewalks
- Rule 20 Utilities underground
- ALL guests within the Hotel or Roof Top Deck go
thru the main lobby
- New energy saving equipment and building
methods
- Double pane windows, low E
- Fire Sprinklers throughout
- Latest security lighting/Alarm System
- Fire retardant measure and materials used in
construction material and methods
- Temporary Luggage Storage
- Guest accessible Ice machine and washer/dryer
on each floor.
- Local activity booking services
- Architectural similarity with the neighborhood
- The Project will be built at one time but will be
occupied in two phases.
- This is determined by existing water credits and
water allocation from Southern California Edison
- Phase 1 - Managers Suite (1)
One staff Suite (2)
2 hotel Rooms (2) Ground Floor
5 Hotel Rooms (5) Second Floor
- Phase 2 - Balance of the Project
Summary
The Cameron Hotel is intended to serve as the
continuation and a tribute to one of Avalon longest residents.
The family has put a lot of time and effort to make sure to create an improvement that would be well serving to the communities needs, as well as a site that they would be very proud to own for generations to come.
The Cameron Hote
Individual room square footage
First/Ground Floor Room Bath
Hotel Room #1 39 sq.ft.
Hotel Room #2 49 sq.ft.
Work Force #1
Work Force #2
190 sq.ft.
186 sq.ft.
372 sq.ft.
190 Sq.ft.
Managers Suite 205 sq.ft.
Employee Unit #1. 261 sq.ft.
Employee Unit #2- 338 sq.ft.
75 sq.ft.
39 sq.ft.
39 sq.ft.
77 sq.ft.
70 sq.ft.
Second Floor Room Bath
#3 185 sq.ft. 42 sq.ft
#4 185 sq.ft. 39 sq.ft.
#5 185 sq.ft. 46 sq.ft.
#6 187 sq.ft. 48 sq.ft.
#7 180 sq.ft. 55 sq.ft.
#8 193 sq.ft. 44 sq.ft.
#9 192 sq.ft. 44 sq.ft.
#10 214 sq.ft. 42 sq.ft.
#11 215 sq.ft. 42 sq.ft.
Third Floor Room Bath
#12 185 sq.ft. 42 sq.ft.
#13 185 sq.ft. 39 sq.ft.
#14 185 sq.ft. 46 sq.ft.
#15 187 sq.ft. 48 sq.ft.
#16 180 sq.ft. 55 sq.ft.
#17 193 sq.ft. 44 sq.ft.
#18 192 sq.ft. 44 sq.ft.
#19 214 sq.ft. 42 sq.ft.
#20 215 sq.ft. 42 sq.ft
Fourth Floor Room Bath
#21 185 sq.ft. 42 sq.ft.
#22 185 sq.ft. 39 sq.ft.
#23 185 sq.ft. 46 sq.ft.
#24 187 sq.ft. 48 sq.ft.
#25 180 sq.ft. 55 sq.ft.
#26 193 sq.ft. 44 sq.ft.
#27 192 sq.ft. 44 sq.ft.
#28 214 sq.ft. 42 sq.ft.
#29 215 sq.ft. 42 sq.ft
CITY OF AVALON CITY COUNCIL
MEETING DATE: November 5, 2024 AGENDA ITEM: (c
ORIGINATING DEP: Planning and Building CITY MANAGER: _______ PREPARED BY: Kelly Ribuffo, Consultant Planner Scott Shapses, Deputy City Attorney, BBK
SUBJECT: A Public Hearing considering a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit to allow the demolition of a vacant three-story apartment building and construction of a new four-story hotel with employee housing in the Special Commercial (SC) zone. (PC#2842)
RECOMMENDED ACTION(S): 1. Open the Public Hearing. 2. Receive public comment. 3.
Close the Public Hearing. 4. Find the project qualifies for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 — In-Fill Development Projects. 5. Adopt the findings to support approval of a Conditional Use Permit. 6.
Adopt the findings to support approval of a Variance. 7. Adopt the findings to support approval of a Site Plan. 8. Adopt the findings to support approval of a Coastal Development Permit. 9.
Find the project consistent with the 2024 Annual Growth Policy.
REPORT SUMMARY: On August 28, 2024, the Planning Commission held a duly noticed publichearing to consider PC#2842, a request for a Site Plan Review, Conditional Use Permit, Variance, and Coastal Development Permit to allow demolition of a vacant three-story apartment building and construction of a new four-story hotel with employee housing at 301 Beacon Street (the “Project”). The property is located in the Special Commercial (SC) zone. The applicant,Michael Flynn, represented the Project at the public hearing. After consideration of the findingsin the staff report, applicant presentation, and public comment, the Planning Commission voted 7-0 to adopt Resolution No. PC 24-08 and approve the project with findings and conditions as recommended by staff, with additional conditions addressing rear setback, utilities, right-of-wayimprovements, and operation of the rooftop deck.
On September 9, 2024, Diane Conover, owner of 310 Metropole Avenue, and Robert and LaurieGlaser, owners of 314 Metropole Avenue, filed a timely appeal of the Planning Commission’s decision, requesting that the City Council review the Planning Commission’s approval of the Project. The appeal application details concerns regarding the granting of the height variance, potential impact of views from adjacent properties on Metropole Avenue to the coast and surrounding hillsides, potential for increased traffic and noise in the area due to the planned rooftop bar and restaurant, and the amount of parking provided on the Project site relative toparking demand of the area.
On October 22, 2024, the City Council held a duly noticed public hearing to consider Appeal No. 24-02, an appeal of the Planning Commission approval of PC#2842. After consideration of the appeal application, analysis provided in the staff report, applicant response, and public comment, the City Council voted 5-0 to set the matter as a de novo hearing at the next available6505900002\42886058. I Rescinded 11/4/24
regular meeting. The City Council provided direction to Staff on specific issue items to be addressed in the staff report for the de novo hearing for the Project.
Below is an analysis of the four issues identified by the City Council, followed by staff response.
Issue #1 — Updated Project Plans
The City Council requested the applicant prepare a fully updated set of project plans to demonstrate compliance with the Planning Commission conditions of approval, including increasing the rear setback to 14 feet to the south property line with 310 Metropole Avenue.
Staff Response:
The applicant has prepared an updated set of project plans, including a revised site plan, floor plans, roof plan, elevations, and building section, included as Attachment 3 of this report.
At the Planning Commission public hearing, Variances were requested because the proposed Project does not comply with development standards set forth in Avalon Municipal Code (AMC) Section 9-6.304.d to allow greater building height, lot coverage, and floor area in the Special Commercial zone. In the opinion of staff, the findings of fact to support the variances could be made, as there are special circumstances related to lot topography that would otherwise deprive the property of the development potential of other flat lots within the same zone, and the variances do not constitute granting of special privileges and similar variances have previously been granted for the same use on similarly sloped lots within the same zone.
With the addition of the Planning Commission condition requiring a 14-foot rear setback, the overall lot coverage and floor area of the Project have been reduced. Updated proposed development conditions are provided based on the revised project plans as follows:
Table 1: Development Standards — Special Commercial (SC) Zone (AMC 9-6.304) Required Existing’ Proposed
LotArea 2,000 sq. ft 3,225 sq. ft No changeLot Width 50 ft 35 ft No changeLot Coverage 80% gross lot area -80% gross lot 85% gross lot area area (formerly 97%)
FloorArea 140% gross lot 176% gross lot 361% gross lot area area area (5,882 sq. ft) (12,019 sq. ft)
(formerly 383%)
Front Setback 0 ft 0 ft 0 ft
Side Setback 0 ft 0 ft 0 ft(west)Side Setback 0 ft 0 ft 0 ft (east)Rear Setback 3ft 27 ft to building 14 ft to building wall, wall 10 ft to stairway and
trash enclosure**
Height 28 ft —22 ft to top of 28 to 44 ft to top of
parapet as parapet, wImeasured at additional 10 ft for
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Required Existing* Proposed
southwest corner rooftop serviceof the site, w/ building additional 12 ft to
the top of the roof
access building
Parking (Autoette) PC Determination None 1 full size vehicle parking space
Trash Storage Provide on-site in None Provide on-site in enclosed area - enclosed area
* Property was developed prior to establishment of the SC zone. Existing developments are presumed to be legally nonconforming for the purpose of this analysis.
** Trash enclosure to have a minimum 6-foot-high walls. Stairway descends to ground floor below grade.
With the updated floor plans, the proposed project now includes 32 hotel rooms (29 standard hotel rooms and 3 transient workforce units) and three hotel employee housing units (one Manager Suite and two 2-bedroom apartments). Employee housing is discussed further in Issue #4— Employee Housing Requirements below.
Table 2: Development Standards — Hotel Room Size (AMC 9-7.901) Required Proposed
Hotel Room Size 190 sq. ft total * 203 -254 sq. ft
Bathroom Size** >1= 35 sq. ft of room size 36 -48 sq. ft * Total square footage must be inclusive of sleeping room and bathroom area combined. ** Must include a sink, toilet, and shower stall.
The site will be developed over two phases based on the Southern California Edison (SCE) water allotments for the property. At the time of this report, the proposed project has a water allotment granted for an equivalent of 10 bedrooms/units. The applicant has been placed on the waitlist for Phase II of the project. Since the floor plans have been updated, the applicant has also updated the phasing plan for construction, included in the updated project description as Attachment 4 of this report. In summary:
Phase 1
• Demolition of the existing apartment building, final grading, and installation of utility connections.
• Build the hotel infrastructure, exterior/architectural, install elevator to all four floors with rooftop access, and install all mechanical to fully support first phase. • Develop ground interior which will consist of the lobby, two hotel rooms, one managers suite, one employee apartment, and an outdoor patio). (5 water units) • Develop second floor interior with five hotel rooms. (5 water units) Safety and security measures will be built in as part of Phase 1 to protect the development until Phase 2 construction. During Phase 1, the second-floor hotel rooms that will be fully built out will be closest to the elevator for convenience. The hallway and doors to the unfinished rooms will be completed but secured with locks. It is anticipated that the remaining rooms on the second floor will be completed to rough framing, rough plumbing, rough electrical, and functional fire sprinklers only. The elevator will be fully functional from the lobby, second floor and roof. Theelevator will be programmed such that only those with a special access key, generally held by 65059.00002\42886058. I
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the on-site manager and the applicant’s construction superintendent, will be able to access the unfinished floors three and four. Floors three and four will be developed with structural and safety components only such as, rough framing, rough electrical, rough mechanical, rough plumbing, fully-operable fire sprinklers, and stair access with a locked door for each unfinished floor.
Additionally, until such time as the laundry facilities are completed on floors three and four, all laundry services will be contracted.
Phase 2
• Finish interior buildout of one employee apartment and three transient workforce units on the ground floor.
• Finish interior buildout of four hotel rooms on the second floor. • Finish interior development of all hotel rooms (18 rooms total) on the third and fourth floors.
• Install rooftop deck with operable bathrooms and countertop area, additional rooftop mechanical to support second phase.
Staff has reviewed the updated plans and verified that they comply with the findings for the variances granted and conditions placed on the project during the Planning Commission public hearing.
Issue # 2 — Parking and Loading Zones
The City Council discussed the potential impacts to traffic and on-street parking conditions along Beacon Street and Metropole Avenue that may result from the development of the Project.
Council discussed the proposed on-site parking, the location of the loading zones, the number of on-street parking spaces that could be lost for the curb cut and loading zones, and the numberof additional autoette permits that may be issued for the employee housing units.
Staff Response:
The project site is located at the southeast intersection of Beacon Street and Metropole Avenue.
Beacon Street allows street parking on both the north and south side of the street. Metropole Avenue allows street parking on the west side of the street, with parking only allowed on the east side of the street for two hours every Friday for street sweeping. There is an existing loading zone on the east side of Metropole Avenue next to the project site.
The applicant proposes to provide one on-site vehicle parking space, sized for a full-size vehicle or autoette, at the rear of the building, served by a ten-foot-wide curb cut as shown on the site plan included in Attachment 3. As a result, the existing loading zone on Metropole Avenue would be reduced to 20-feet in length, consistent with city code requirements. Because street parking is not allowed on the east side of Metropole Avenue no regular on-street parking spaces will be lost. In addition, a new 3-minute loading zone would be added at the entrance to the hotel on Beacon Street to facilitate drop off and pick up of hotel guests. This loading zone will also act as a stop for the Avalon COAST transit system, encouraging the use of public transit therebyminimizing the number of vehicles that would be required to park on the adjacent streets.
Creation of the Beacon Street loading zone would result in the loss of one on-street parkingspace. 65059.00002\42886058. I
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The City Council discussed whether the loading zone for the hotel could be moved to the north side of Beacon Street or if the project could utilize the existing loading zone in the right-of-way in front of the Hotel St. Lauren. Staff has concerns about the viability of these options due to ADA accessibility considerations.
It is possible that three employee housing units could qualify for residential autoette permits, if the nine-month residency requirement in the code is satisfied. However, it is the opinion of staff that this number of added permits is insignificant to the total number of autoette permits issuedfor the area and will not produce a significant impact where there is sufficient parking available for an additional four added permits. The fact that most parking will be done for limited periods, only to drop-off visitors to the hotel, and planned operation of a commercial vehicle for drop-offs, demonstrates that there will be minimal aggregate impacts to parking. Those features of the project were considered in finding three and four of the Conditional Use Permit, under AMCSection 9-8.404(a)(3)(4), noting that the use of the commercial vehicle and adjacent loading and drop-off zones would minimize parking impacts. Similarly, finding two of the Site Plan Review, under AMC Section 9-8.203(b) observed that parking impacts would be significantly curtailed by the use of the designated parking for the commercial vehicle in combination with the mitigation provided by the adjacent loading zones.
The City Council also discussed whether the rear yard area could be utilized for additional offstreet parking. The applicant has provided an alternative parking plan for this area included inAttachment 3. However, the applicant’s preference is to retain this area for one parking space only and to utilize the balance of the area for outdoor lounge and dining for the employee residents and transient workforce guests.
Issue #3 — Rooftop Deck Operations
The City Council asked for clarification on the intended operations of the rooftop deck. It was unclear, based on the staff report and testimony of the applicant, who would have access to the rooftop deck and what types of services would be provided, such as food and beverage service.
Staff Response:
The applicant has prepared an updated project description, included as Attachment 4 of this report. The project description explicitly states that the rooftop deck will be for use by guests of the hotel only during regular operations. As shown in Attachment 3, seating includes a mix of lounging and conversation areas and countertop seating on the north side of the service building.
In addition, the roof plan has been revised so that no kitchen or food prep facilities will be provided in the upstairs service building. Any beverage and food service for guests, such ascontinental breakfast, will be prepackaged items brought in as needed by staff. A sink,dishwasher, refrigerator/freezer, icemaker, and storage will be provided to support the limited food service. Should the applicant wish to serve alcohol on premises, they will be required to submit a separate Conditional Use Permit application at a future date for consideration by the Planning Commission for an Alcoholic Beverage Control (ABC) license.
The applicant plans to make the hotel, including rooftop deck, available for special event rental, such as weddings, birthdays, and anniversaries. No special events shall be permitted on rooftop deck without prior approval of Special Event Permit. Specific Event Permits are reviewed by the City Manager and may be conditioned as appropriate to ensure compliance with city regulations, 65059.00002\42886058.
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including the noise ordinance. It is anticipated that events will hire their own caterer for food and beverage service, which may include alcohol if the caterer has the appropriate ABC license.Per the above, Conditions #10 through 14 have been included in the draft resolution regarding operation of the rooftop deck:
10. The hours of operation for rooftop deck shall be 7:00AM to 10:00PM daily and shall comply with the City’s Noise Ordinance.
11.A minimum of one hotel staff member shall be present at all times when food and beverages are being served on the rooftop deck.
12. Use of the rooftop deck shall be limited to guests of the hotel only, unless approved in advance as part of a Special Event Permit.
13. No special events shall be permitted on rooftop deck without prior approval of Special Event Permit, pursuant to AMC Chapter 4-6, Special Events.
14.Approval of PC#2842 does not constitute approval of a State of California Alcoholic Beverage Control License (ABC). The applicant/developer shall submit a subsequent application to the Planning and Building Department for consideration of approval of a specific ABC license type for the hotel’s on-site operations as a modification of this Conditional Use Permit.
Issue #4— Employee Housing Requirements
The City Council discussed the employee housing requirement for the Project, including the layout and size of the employee housing units and the transient workforce units on the ground floor. Council asked for clarification on the cooking facilities and other amenities to be providedfor hotel employees and transient workforce employees.
Staff Response:
The revised floor plans included in Attachment 3 show that all hotel employee housing units and transient workforce units will be provided on the ground floor. Modifications have been made to the layout of the employee housing and transient workforce units in response to the increased rear setback and decreased building size.
AMC Section 9-11.104.d requires that any new commercial development shall provide rental housing for at least 50% of the peak season employees. The applicant has estimated that four full-time employees will be employed by the business with the completion of both phases of the project. The proposed project shall provide housing for three employees, consisting of one manager studio and two 2-bedroom housekeeper apartments units on-site. Each unit includesits own kitchen and bathroom facilities.
The number of employee housing units exceeds the housing requirements of the municipal code.
One less employee housing unit has been provided in the revised project plans versus the Planning Commission approved project plans due to the decrease in the overall size of the building.
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There is no standard unit size requirement for employee housing units. However, all rentals must be for the period of not less than six months to provide housing stability for employees. Rents for such accommodation may be established by the hotel operator with City approval.
The proposed project is subject to audit by the City following the first peak season after commercial operations have commenced to ensure that a sufficient amount of employee housing has been provided to accommodate at least 50% of peak season employees. The City reserves the right to modify the new commercial development’s rental space requirements in line with municipal code requirements if the estimation in this application is deficient.
Three transient workforce units are also provided on the ground floor of the building. These unitsare classified as hotel rooms, and the rooms will be rented on a daily or weekly basis to the developer’s construction employees or to the general public. Transient occupancy taxes (TOT) will be paid for each unit. These units do not include their own cooking facilities or dining area.
Instead, the applicant proposes to provide an outdoor lounge and dining area for transient workforce guests in the rear yard of the property. The transient workforce units will be provided the same housekeeping services as other rentable rooms in the hotel. Because of the transient nature of the units, these do not count towards the required employee housing units for the development.
Conclusion
It is the opinion of Staff that the applicant has adequately addressed the additional questions posed by City Council during the appeal public hearing on October 22, 2024. As revised, the Project continues to meet the findings for a Conditional Use Permit, Variance, Site Plan, andCoastal Development Permit. The draft resolution (Attachment 1) has been updated to reflect the revised project scope. Conditions recommended by the Planning Commission have been retained and additional conditions have been added to incorporate the City Council’s feedback on the proposed operations of the Project.
ENVIRONMENTAL DETERMINATION: The proposed project is categorically exempt from theprovisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32— In-fill Development Projects) because it has no potential to have a significant effect on the environment.
The Class 32 reflects a determination by the California Office of Planning and Research (OPR)that projects that meet the Class 32 criteria will not have a significant environmental effect and, therefore, are exempt from CEQA. (Berkeley Hillside Preseivation v. City of Berkeley (2015) 60 Cal.4th 1086, 1102.) To apply, a project must be an in-fill development and meet the following criteria: (1) is consistent with the applicable General Plan designation and applicable policies, as well as applicable zoning designations and regulations, (2) would occur on a site less than five (5) acres, (3) the project site must have no habitat value, (4) the project would not result in significant traffic, noise, air quality, or water quality effects, and (5) the site can be adequatelyserved by all required utilities and public services. The Class 32 exemption reflects the understanding that “the majority of private projects for which a government permit or similar entitlement is necessary are minor in scope ... and hence, in the absence of unusual circumstances, have little or no effect on the public environment.” (Pacific Palisades Residents Association, Inc. v. City of Los Angeles (2023) 88 Cal.App.5th 1338, 1363.) If a project meetsthe criteria and qualifies for the Class 32 exemption, the project is categorically exempt from CEQA unless one of the exceptions to exemptions apply. The exemption is not limited to any 6505900002\42886058. I
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use type and may apply to residential, commercial, industrial, public facility, and/or mixed-use projects.
The project meets all of the aforementioned requirements and is exempt under Class 32, as supported by substantial evidence:
a) General Plan and Zoning Consistency: The project site is designated Special Commercial (SC) by the General Plan Land Use Element and is located within the SC Zoning District.
The SC designation provides an area in which both small scale residents and neighborhood retail and services can coexist harmoniously. Hotels and residential uses are permitted in the SC with approval of a Conditional Use Permit. b) Less Than 5 Acres: The project site is approximately 3,225 square feet (0.07 acres), which is less than five acres.
c) No Habitat Value: The project site is located in an urban area currently developed with an three-story apartment building. Because of the existing site’s developed nature in a highly urban environment the site has no value as habitat for endangered, rare, or threatened species. There is no sensitive vegetation or habitat on-site. The project would not encroach into any jurisdictional waters or areas that support native and/or sensitive habitat. The property does not contain any wetland areas. d) No Significant Traffic, Noise, Air Quality or Water Quality Effects: Technical studies have been prepared that analyze the potential impacts of the proposed project on the surrounding community related to traffic, noise, and air quality. These studies conclude that the project will not generate a significant number of new vehicle trips, increase the ambient noise levels by more than 2 decibels, or generate construction or operations related emissions beyond the thresholds adopted by the South Coast Air Quality Management District. The site is currently fully developed, and a non-priority WaterQuality Management Plan will be required to be prepared at the time of grading permit review.
e) Utilities and Public Services: All required utilities, including sewer, water, energy, are existing within the project site. Southern California Edison has issued a water allocation for Phase 1 of the project, for up to 10 bedrooms/units. All public services, including police and fire protection, are adequate to accommodate the project. As conditioned and designed, the project will be adequately served by all required utilities and public services Furthermore, the project was evaluated pursuant to the criteria for the exceptions to the exemptions as identified in Guidelines Section 14 CCR, Chapter 3, Article 19, Section 15300.2 and found that there are no exceptions to the use of an exemption for the project. The Property does not impact an environmental resource of hazardous or critical concern, does not result incumulative impacts, does not have a significant effect on the environment due to unusualcircumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Therefore, no further analysisis required. A Notice of Exemption will be filed with the County of Los Angeles Clerk of the Board.
A complete CEQA Exemption Evaluation Report is available for review at City Hall and was included in the October 22, 2024 City Council Agenda packet.
FISCAL IMPACTS: Any expenses incurred by the City in the preparation of the staff report arereimbursable by the applicant. 65059.00002\42886058. I
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CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The entitlement application will not be resolved until a final decision is made by the City Council.
FOLLOW UP ACTION: Implement City Council direction.
ADVERTISING, NOTICE AND PUBLIC CONTACT: Pursuant to the Brown Act.
ATTACHMENTS:
1. Draft City Council Resolution
2. October 22, 2024, City Council Draft Minutes
3. Revised Project Plans dated October 30, 2024
4. Revised Project Description dated October 31, 2024
Planning Commission Application PC#2842 and Appeal Application No. 24-02 Staff Reports and Attachments dated October 22, 2024 is available upon request. 65059.00002\42886058. I
(Provided Under Separate Cover)
(Provided Under Separate Cover)
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON,
CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, VARIANCE, SITE PLAN, AND COASTAL DEVELOPMENT PERMIT FOR A FOURSTORY HOTEL WITH EMPLOYEE HOUSING IN THE SPECIAL COMMERCIAL ZONE, LOCATED AT 301 BEACON STREET, AVALON,
CALIFORNIA
WHEREAS, Hamilton Pacific, LLC (“Applicant”) filed an application (“Application”) for Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit (PC#2842) to approve a demolition of a vacant three-story apartment building and construction of a four-story apartment building with employee housing (“Project”) on the property located at 301 Beacon Street, APN 7480-031-040 (“Site”); and WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Sections 9-8.401, 9-8.203.a and 9-8.103.a to review and take action on the subject applications for a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit; and
WHEREAS, the Site is categorized Special Commercial (SC) by the General Plan Land Use Element and is located within the Special Commercial (SC) zoning district; and WHEREAS, the Site is not located within the 300-foot appealable boundary of the Coastal Overlay Zone (Coastal Commission Appeal Jurisdiction) and is within the Avalon Planning Commission Jurisdiction; and
WHEREAS, the Application was found to qualify for streamlined review under the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 — In-fill Development Projects). No public review is required; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on August 28, 2024, at which time interested persons had an opportunity to testify either in support of or opposition to granting a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit upon property described in attached Exhibit “A”; and
WHEREAS, the Planning Commission voted 7-0 to adopt Planning Commission Resolution No. 24-08 approving the Project pursuant to the findings and conditions set forth in the resolution; and
WHEREAS, on September 9, 2024, Diane Conover, owner of 310 Metropole Avenue, and Robert and Laurie Glaser, owners of 314 Metropole Avenue, filed a timely appeal of the Planning Commission’s decision requesting that the City Council review the Planning Commission’s approval of the Project (Appeal No. 24-02); and 1 Rescinded 11/4/24
WHEREAS, the City Council conducted a duly advertised public hearing on October 22, 2024, at which time interested persons had an opportunity to testify either in support of or opposition of the appeal application; and WHEREAS, the City Council voted 5-0 to set the Project before itself as a de novo hearing; and
WHEREAS, the City Council conducted one duly advertised public hearing on November 5, 2024, at which time interested persons had an opportunity to testify either in support of or opposition to granting a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit upon property described in attached Exhibit “A”; and WHEREAS, all other legal prerequisites for the consideration of the Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit have occurred.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Avalon does hereby approve a Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit for a four-story hotel with employee housing at 301 Beacon Street, based on the following findings:
SECTION 1 — ENVIRONMENTAL REVIEW
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15332 (Class 32 — In-fillDevelopment Projects) because it has no potential to have a significant effect on the environment.
The Class 32 reflects a determination by the California Office of Planning and Research (OPR) that projects that meet the Class 32 criteria will not have a significant environmental effect and, therefore, are exempt from CEQA. (Berkeley Hillside Preservation v. City of Berkeley (2015) 60 Cal.4th 1086, 1102.) To apply, a project must be an in-fill development and meet the following criteria: (1) is consistent with the applicable General Plan designation and applicable policies, as well as applicable zoning designations and regulations, (2) would occur on a site less than five acres, (3) the projectsite must have no habitat value, (4) the project would not result in significant traffic, noise, air quality, or water quality effects, and (5) the site can be adequately served by all required utilities and public services. The Class 32 exemption reflects the understanding that “the majority of private projects for which a government permit or similar entitlement is necessary are minor in scope ... and hence, in the absence of unusual circumstances,have little or no effect on the public environment.” (Pacific Palisades Residents Association, Inc. v. City of Los Angeles (2023) 88 Cal.App.5th 1338, 1363.) If a project meets the criteria and qualifies for the Class 32 exemption, the project is categorically exempt from CEQA unless one of the exceptions to exemptions apply. The exemption is not limited to any use type and may apply to residential, commercial, industrial, public facility, and/or mixed-use projects.
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The project meets all of the aforementioned requirements and is exempt under Class 32, as supported by substantial evidence:
a) General Plan and Zoning Consistency: The project site is designated Special Commercial (SC) by the General Plan Land Use Element and is located within the SC Zoning District. The SC designation provides an area in which both small scale residents and neighborhood retail and services can coexist harmoniously. Hotels and residential uses are permitted in the SC with approval of a Conditional Use Permit.
b) Less Than 5 Acres: The project site is approximately 3,225 square feet (0.07 acres), which is less than five acres.
c) No Habitat Value: The project site is located in an urban area currently developed with a three-story apartment building. Because of the existing site’s developed nature in a highly urban environment the site has no value as habitat for endangered, rare, or threatened species. There is no sensitive vegetation or habitat on-site. The project would not encroach into any jurisdictional waters or areas that support native and/or sensitive habitat. The property does not contain any wetland areas.
d) No Significant Traffic, Noise, Air Quality or Water Quality Effects: Technical studies have been prepared that analyze the potential impacts of the proposed project on the surrounding community related to traffic, noise, and air quality. These studies conclude that the project will not generate a significant number of new vehicle trips, increase the ambient noise levels by more than 2 decibels, or generate construction or operations related emissions beyond the thresholds adopted by the South Coast Air Quality Management District. The site is currently fully developed, and a non-priority Water Quality Management Plan will be required to be prepared at the time of grading permit review.
e) Utilities and Public Services: All required utilities, including sewer, water, energy, are existing within the project site. Southern California Edison has issued a water allocation for Phase 1 of the project, for up to 10 bedrooms/units. All publicservices, including police and fire protection, are adequate to accommodate the project. As conditioned and designed, the project will be adequately served by allrequired utilities and public services Furthermore, the project was evaluated pursuant to the criteria for the exceptions to the exemptions as identified in Guidelines Section 14 OCR, Chapter 3, Article 19, Section 1 5300.2 and found that there are no exceptions to the use of an exemption for the project.
The Property does not impact an environmental resource of hazardous or critical concern, does not result in cumulative impacts, does not have a significant effect on the environment due to unusual circumstances, does not damage scenic resources within a state scenic highway, is not a hazardous waste site, and is not identified as a historical resource. Therefore, no further analysis is required. Staff will file a Notice of Exemption 3 Rescinded 11/4/24
with the County of Los Angeles Clerk of the Board and the Governor’s Office of Land Use and Climate Innovation.
SECTION 2— FINDINGS
Annual Growth Policy:
The growth policy provides that new commercial development would only be permitted with confirmation from Southern California Edison Company (“SCE”) that adequate freshwater is available. The project involves permitting of a commercial business which requires an allocation for water service. On June 7, 2024, SCE confirmed the availability of a water allocation for Phase 1 of the project (up to ten bedrooms). The Applicant has been placed on the waitlist for Phase II of the project. Staff has conditioned the project torequire confirmation of a water allocation for Phase 2 prior to issuance of any permits for improvements in that phase of site development. Staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2024 Annual Growth Policy.
Conditional Use Permit:
AMC Chapter 9-8.404 sets forth the required findings for approval of a Conditional Use Permit as follows:
1. The proposed conditional use shall conform with and carry out the certified Land Use Plan for the area. (AMC Section 9-8.404.a.1)
The proposed project implements the following General Plan Goals and Policies:
Policy 11-9 of the Land Use Element:
“Encourage infill of the City Center area and where appropriate, increase the intensity of development on vacant and underutilized properties, in lieu of expanded development outward into Avalon’s hillsides, natural areas and openspace.” The project proposed to demolish a vacant three-story apartment building and replace it with a new hotel with employee housing. The existing building has been vacant for over 25 years and is in a state of disrepair. The project is designed to maximize the density of development on the property in the urbanized center of Avalon. Redevelopment of the project site will be an otherwise underutilized property back into productive use within the community and does not contribute to outward expansion into the surrounding natural areas or open spaces at the perimeter of the city.
Policy 11-12 of the Land Use Element:
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“Require infill development to incorporate design elements with buffers and transitions in density, scale, and mass to assure compatibility with adjacent uses.” The proposed project is designed to fit within the density, scale, and mass ofexisting development at the intersection of Metropole Avenue and Beacon Street.
The topography of this area represents a transition point between the “Flats” andthe increasingly steep hillsides to the south and west. Existing development, including the St. Lauren Hotel and multi-family residential uses to the south and west, reflect a precedent for taking advantage of the sloping hillside to allow for denser, taller buildings that do not appear out of place within the context of the surrounding area.
Policy 11-20 and 11-21 of the Land Use Element:
“Pursue new developments and businesses that add to the City’s economic base, particularly those that general sales tax and transient occupancy tax.” “Expand lodging choices by attracting and retaining desirable and high-quality facilities to the community.”
The proposed consists of a hotel which provides individual hotel rooms and employee housing. The addition of more transient accommodations will provide anadditional high-quality hotel option for visitors to the community and generate additional transient occupancy taxes.
2. The nature, condition, and development of adjacent uses, buildings and structures shall be considered and no proposed conditional use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings and structures. (AMC Section 9-8.404.a.2) The proposed project is consistent with adjacent land uses and building types. The sloped topography of the lot is unusual compared to the majority of other properties within the SC zone. This means that while the Applicant is requesting a variancesfor height, lot area, and lot coverage, the overall mass and scale of the building has been designed to fit within the context of surrounding commercial and multi family residential development. Though not required by the municipal code, the accessory service building on the rooftop is intentionally placed to minimize potential impacts to the view of adjacent buildings to the harbor. Operations of the hotel, including rooftop deck, must comply with Avalon Municipal Code Section 5-
13.08 for a building within Noise District 3. Sound must be contained to the boundaries of the property and no events will be permitted without granting of a Special Event Permit by the City Manager. Therefore, the proposed project will not adversely affect or be materially detrimental to said adjacent uses, buildings andstructures.
3. The site for a proposed conditional use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this chapter or as 5 Rescinded 11/4/24
required as a condition in order to integrate said use with the uses in the neighborhood. (AMC Section 9-8.404.a.3)
With the requested variances for lot coverage, floor area, building height, and hotel room size, the proposed project complies with all development standards as set forth in AMC for development on the project site in the Special Commercial (SC) zone. Designated parking for a commercial vehicle, combined with the adjacent loading and drop off zones, will ensure that traffic associated with operation of thebusiness will not interfere with circulation at the corner of Metropole Avenue and Beacon Street, which is a heavily used intersection. The project site is located in an area with access to all necessary utilities and services to support the proposed use, including electric, water, gas, sewer, saltwater, and internet.
4. The site for a proposed conditional use shall be served by highways and streets adequate in width and improved as necessary to carry the kind andquantity of traffic such use would generate. (AMC Section 9-8.4O4a4) The project site is located at the southeast corner of Metropole Avenue and Beacon Street. This is a heavily traveled intersection and both streets are identified as Major Circulation Facility in the General Plan Circulation Element. The primary use of the property will be transitory housing and guests are anticipated to be dropped off by a rideshare (such as a taxi or other transport vehicle) at the curb at Beacon Street where they would enter the hotel lobby. Designated parking for a commercial vehicle, combined with the adjacent loading and drop off zones, willensure that traffic associate with operation of the business will not interfere withcirculation at the corner of Metropole Avenue and Beacon Street, which is a heavily used intersection.
5. The proposed conditional use shall be consistent with and carry out the purpose and intent of the underlying zone. (AMC Section 9-8.404.a.5) Per AMC Section 9-6.301, the SC zoning district is established as an area where both small-scale residences and neighborhood retail and services can coexist harmoniously. Hotels and residential uses are permitted in the SC with approval of a Conditional Use Permit.
The project proposes to develop a new hotel with individual hotel rooms, employee housing, and rooftop deck. This will provide a new transient accommodation option for visitors to the city as well as housing for local workers. This is consistent with the underlying intent of the zone and compatible with surrounding development in the vicinity of the project site.
Variance:AMC Chapter 9-8.405 sets forth the required findings for approval of a Variance as follows:
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1. Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property includingsize, shape, topography, location or surroundings, the strict application ofthe Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
The urban fabric of Avalon is relatively compact, with approximately 80-90 acres of existing development already located within the valley floor and the immediately surrounding hillsides. The topography of this area surrounding the project site represents a transition point between the “Flats” and the increasingly steephillsides to the south and west. The existing development, a three-story apartment building, has been vacant for over 20 years, with no interim uses or redevelopment applications.
The Applicant is requesting multiple variances from the development standards forthe SC zone, as follows:
• Allow building height of 28 feet to 44 feet, with an additional 10 feet for the elevator building and accessory service building, where 28 feet is allowed.
• Allow 85% lot coverage, where a maximum of 80% is allowed. • Allow 361% floor area, where a maximum of 140% is allowed.
Though the property is of regular size, the sloped topography of the lot is unusual compared to the majority of other properties within the SC zone. The majority of lots within the Special Commercial zone, and commercial zoning districts in general, are located within the “Flats.” As a result, the development standards have been written to apply to lots with flat topog raphy, which makes development on theproject site difficult to accomplish within the parameters of the development standards as written.
For instance, the maximum building height in the SC zone is 28 feet. The municipal code definition for building height is “. . . the vertical distance from the lot’s naturalsurface to the highest point of the building.” (AMC Section 9-3.608). Other zones in the city, particularly the residential zones, have additional detailed standards for measurement of building height (low slope, hillside, steep hillside) that account for the topography present within the zone to allow for equitable development of all lots. Similarly, development standards for lot coverage and floor area in the SC zone have not been tailored to take into the account the slope of the lot and the impact it will have on perceived mass and bulk above grade. Therefore, in the case of a sloped lot in the SC zone, strict application of the definitions of building height,floor area, and lot coverage would mean that the actual buildable area of the lot would be substantially less on a sloped lot than a flat lot, which would deprive the property of the same development potential compared to other properties within the same zone.
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Existing development, including the St. Lauren Hotel and multi-family residential uses to the south and west, reflect a precedent for taking advantage of the slopinghillside to allow for denser, taNer buildings that do not appear out of place within the context of the surrounding area, as discussed further in Site Plan Finding #2.
Therefore, the proposed variances may be granted in conformance with the findings of the municipal code, as there are special circumstances related to lottopography that would otherwise deprive the property of the development potential of other lots within the same zone that lack the sloped topography of this lot.
2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
The requested variances are consistent with approved development of other properties with hotels on sloped lots within the immediate vicinity of the project in the SC zone. The Hotel St. Lauren (231 Beacon Street) and Casa Maraquita (229 Metropole Avenue) are hotel projects also exceed the development standards in the SC zone, including height, floor area, and lot coverage standards. According to the permitting records for these projects, approval was granted because of the topography of the lots, and with acknowledgement that while the hotels were largerthan permitted by the development standards for the zone, they fit within the context of the existing development and topography in the surrounding area.
Therefore, granting of the requested variances does not constitute granting of special privileges and similar variances have previously been granted for the same use on similarly sloped lots within the same zone to allow for the equitable development of property within the SC zone.
3. A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property.
Hotels and residential uses are conditionally permiffed uses within the SC zone. The application does not include a request for any use that is not permitted within thezoning district.
4. No variances shall be granted which reduce or adversely affect access to or along the shoreline, including physical or visual qualities of access.The project site is located over 850 feet from the mean high tide line of Avalon Bay.
The site is not adjacent to, nor provides direct or indirect visual or physical access to,the shoreline of Avalon Bay, coastal hillsides or bluffs, or other significant viewsheds identified in the Avalon Local Coastal Plan.
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5. The variance shall be consistent with the Local Coastal Program.
The proposed project implements Avalon General Plan/Local Coastal Plan and Local Coastal Program goals and policies as outlined in Conditional use PermitFinding #1 and Coastal Development Permit Findings #1 and 2.
Site Plan Review:
AMC Chapter 9-8.203 sets forth the required findings for approval of a Site Plan Review as follows:
1. Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title. (AMC Section 9-8.203.a)
With the requested variances for lot coverage, floor area, and building height the proposed project complies with all development standards as set forth in AMC for development on the project site in the Special Commercial (SC) zone as discussed in Conditional Use Permit Findings #1 through 5 and Variance Findings #1 through5.
2. Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development intended, and the total development, including the application of prescribed development standards, shall be so arranged as toavoid 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. (AMC Section 9-8.203.b) The proposed project is designed to fit within the density, scale, and mass of existing development at the intersection of Metropole Avenue and Beacon Street.The topography of this area represents a transition point between the “Flats” and the increasingly steep hillsides to the south and west. Existing development, including the St. Lauren Hotel and multi-family residential uses to the south and west, reflect a precedent for taking advantage of the sloping hillside to allow for denser, taller buildings that do not appear out of place within the context of the surrounding area.
The project site is located at the southeast corner of Metropole Avenue and Beacon Street. This is a heavily traveled intersection and both streets are identified as Major Circulation Facility in the General Plan Circulation Element. The primary use of the property will be transitory housing and guests are anticipated to be dropped off by a rideshare (such as a taxi or other transport vehicle) at the curb at Beacon Street where they would enter the hotel lobby. Designated parking for a commercial vehicle, combined with the adjacent loading and drop off zones, will 9 Rescinded 11/4/24
ensure that traffic associated with operation of the business will not interfere with circulation at the corner of Metropole Avenue and Beacon Street, which is a heavily used intersection.
The project site is located in an area with access to all necessary utilities and services to support the proposed use, including electric, water, gas, sewer, saltwater, and internet.
The rooftop deck will be open from 7:00 AM until 10:00 PM daily. Special events beyond usual operation will require the property owner to apply for a Special Event Permit (AMC Chapter 4-6) and demonstrate compliance with all city code requirements. Furthermore, operations must be consistent with Avalon Municipal Code Section 5-1 3.08 for a building within Noise District 3.
Therefore, the proposed project will not have any adverse effects on the public health, safety, or general welfare of the surrounding community.
3. Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of architecture. (AMC Section 9-8.203.c)
The project site is located within a developed area of Avalon, on an urbanized parcel with other existing commercial, institutional, and residential buildings. The design elements in the proposed plans are consistent with the established scale of the buildings and structures within the community and will not stand out as inconsistent with existing development on the site or in the vicinity. The proposed building has a contemporary modern architectural style that incorporated traditional design elements. Significant design features include the engineered wood siding, divided light windows, mansard roof, glass parapet railings, and glass elevator tower. While the municipal code does not dictate a particular architecturalstyle, similar recent residential projects throughout the city utilize a similar design aesthetic. While the building is rectangular in shape, the horizontal belt course and vertical window frames provide articulation and interest to the façade. Overall, the mass and scale of the building is compatible with surrounding development and is functional for its intended purpose as a hotel.
Coastal Development Permit:
The City of Ava Ion is located entirely within the Coastal Zone. The project is not located within the 300-foot appealable boundary of the Coastal Zone but qualifies as development that requires the local issuance a Coastal Development Permit in accordance with AMC Section 9-8, dependent on the following findings:
1. The use is in conformance with the certified Local Coastal Program. (AMC 9-
8.1 03.d.1)
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Determination of conformance for projects within the City of Avalon includes analysis of whether the proposed project conforms with the Avalon General Plan, the Local Coastal Plan for Avalon, as well as the Avalon Zoning and Affordable Housing Ordinances, as applicable.
• General Plan/Local Coastal Plan: The Special Commercial (SC) zoning designation of the project site is consistent with the General Plan land usedesignation of Special Commercial (SC).
As previously discussed in Conditional Use Permit Finding #1, the proposed project implements the following General Plan Goals and Policies: Policies II8, 11-12, 11-20 and 11-21 of the Land Use Element. • California Coastal Act: The proposed project complies with the following sections of the Coastal Act:
Section 30250:
“(a) New residential, commercial, or industrial development, except as othe,wise provided in this division, shall be located within, contiguous with, or in close proximity to, existing developed areas able to accommodate it or, where such areas are not able to accommodate it, in other areas with adequate public services and where it will not have significant adverse effects, either individually or cumulatively, on coastal resources. In addition, land divisions,other than leases for agricultural uses, outside existing developed areas shall be permitted only where 50 percent ofthe usable parcels in the area have been developed and the created parcels would be no smaller than the average size of surrounding parcels.”
The project site is located within the urban center of Avalon, on an existingdeveloped parcel surrounded by other commercial, institutional, and residential uses. The project site is directly abutting the Metropole Avenue and Beacon Street public rights-of-way and is adequately served by all necessary utilities inorder for the proposed use to operate at the property. The project site is not located on the coastline or adjacent coastal bluff or hillside and does not impede any designated coastal viewshed as identified in the Avalon Local Coastal Plan. Therefore, the project site can accommodate the proposed project and will not have an individual or cumulative effect on coastal resources.
Section 30251:
“The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and 11 Rescinded 11/4/24
enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preseivation and Recreation Plan prepared by the Department of Parks and Recreation andby local government shall be subordinate to the character of its setting.” The project site is located within the city center of Avalon, on an urbanized parcel that is located in a transitional area between the “Flats” and beginning of the hillside sloping up Metropole Avenue to the south. The proposed project is visually compatible with the mass and scale of surrounding commercial andmulti-family residential development, and fits into the character of the Avalon skyline. The project will enhance the visual quality of the area throughdemolition of an existing vacant, neglected building and construction of a new commercial hotel in a modern architectural style, consistent with other recent development within the city. The project site is not located in a scenic area identified in the Avalon Local Coastal Plan or in the California Coastline Preservation and Recreation Plan.
• Special Commercial Zone Development Standards: The proposed project, with the inclusion of requested variances for lot coverage, floor area, and height complies with the development standards as set forth in AMC Section 9-6.404 for buildings in the Special Commercial (SC) zone and the Avalon Municipal Code.
• Affordable Housing Ordinance: AMC Section 9-11.1 04.d requires that any new commercial development shall provide rental housing for at least 50% of the peak season employees. The Applicant has estimated that four full-time employees will be employed by the business with the completion of both phases of the project. The proposed project shall provide housing for fouremployees, consisting of one manager suite and three housekeeper studio units. Therefore, the project exceeds the employee housing requirements of the Affordable Housing section of the municipal code.
2. For all development seaward of the nearest public highway to the shoreline, the proposed development conforms to the public access and recreation policies of Chapter 3 of the Coastal Act. (AMC 9-8.103.d.2) The project site is not seaward of Crescent Avenue, which is the nearest publicaccess to the shoreline. The proposed project involves improvements to an existing developed property in the developed area of the city, in compliance withdevelopment standards and variance findings in the Avalon Municipal Code.
Therefore, the project does not involve a change in land use, density, or intensity that will result in increased demand for public access and recreation opportunities.
Furthermore, the project does not include any building or site modification that could block or impede existing public access opportunities.
SECTION 3- ADMINISTRATION AND CONDITIONS OF APPROVAL
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1. Based on the entire record before the City Council and all written and oral evidence presented to the City Council, the City Council hereby finds the property Site is not within the 300-foot appealable zone of the Coastal Development Permit to the California Coastal Commission.
2. Based on the entire record before the City Council, all written and oral evidence presented to the City Council, and the findings set forth in this Resolution, the CityCouncil grants the Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit, subject to the conditions of approval set forth in the attached Exhibit “B.”
3. The Mayor shall sign this Resolution and the City Clerk 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 Conditional Use Permit, Variance, Site Plan, and Coastal Development Permit.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5tui day of November, 2024, by the following vote:
AYES:
NAYS:
ABSENT:ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
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EXHIBIT “A”
LEGAL DESCRIPTION
Street Address: 301 Beacon Street, APN 7480-031 -040
LOT 41 AND THE NORTHERLY 19 FEET OF LOT 42, OF BLOCK I, TRACT 3368 OF
THE ORIGINAL MAP IN THE CITY OF AVALON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, NOW DESIGNATED AS LOT 53, BLOCK 22, OF THE ASSESSMENTMAP OF THE CITY OF AVALON. EXCEPT THE SOUTHEAST 25 FEET OF THE NORTHEAST 19 FEET OF SAID LAND, AS RECORDED IN BOOK 1, PAGES 31 TO 46, OF OFFICIAL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAIDCOUNTY. 14 Rescinded 11/4/24
EXHIBIT “B”
CONDITIONS OF APPROVAL
Street Address: 301 Beacon Street, APN 7480-031 -040
1. The project shall conform in substance and be maintained in general conformance with plans and exhibits labeled Project Plans in the staff report dated November 5,2024 including any modifications required by conditions of approval, and as approved by the City Council.
2. Except as otherwise provided herein, this project is approved as a precise plan.
After any application has been approved, if changes are proposed regarding the location or alteration of any use or structure, a changed plan may be submitted to the Planning Director for approval. If the Planning Director determines that the proposed change complies with the provisions and the spirit and intent of the approval action, and that the action would have been the same for the changed plan as for the approved plan, the Planning Director may approve the changed plan without requiring a new public hearing. Should the modifications be considered substantial, the modifications shall be reviewed and approved by the Planning Commission.
3. The site plan and architectural plans shall provide a minimum rear setback of 14 feet between the building and the shared property line with 310 Metropole Avenueto the south of the project site.
4. Building permits shall be obtained for all construction work as required by the City of Avalon Planning and Building Department. Failure to obtain the required building permits may be cause for revocation of this entitlement.
5. At the time that Phase 1 of the project has been completed, occupancy of the building shall only be granted with approval of the Avalon Fire Department that all necessary fire safety systems are operational throughout the entire building, including but not limited to fire sprinklers, smoke detectors, and fire alarms.
6. Any future building signage shall comply with the provisions of AMC Chapter 9 Article 7 -Signs.
7. It shall be unlawful for any person at a radius within 500 feet of any residential zone or of a hotel or motel, to operate equipment or perform any outside construction or repair work on buildings, structures, or projects, or to operate any pile driver, power shovel, pneumatic hammer, derrick, power hoist, orany other construction-type device, or to cause to permit such construction operations, between the hours of 7:00 p.m. and 8:00 a.m., or at 15 Rescinded 11/4/24
any time on a Sunday, except when such acts constitute emergency work as defined in subsection (d) of § 5-13.02 of AMC Chapter 5-13, Noise, and issuance a Noise Variance Permit as described in § 5-13.10.
8. Prior to issuance of a building permit, the applicant/developer shall prepare a lighting plan that includes the location, type, and illumination level of all proposed exteriorlight fixtures for staff review. Exterior lighting shall be arranged to prevent glare or directed illumination onto adjacent properties.
9. Operation of the hotel shall comply with all provisions of AMC Chapter 9-13 Noise.
The operator shall not use or operate or cause to be used or operated outdoors any radio receiving set, sound amplifying equipment, television set, or other machine or device which produces or reproduces sound in such a manner as to be plainly audible from the real property line on which the sound amplifying equipment is located unless permitted by Special Use Permit.
10.The hours of operation for rooftop deck shall be 7:00AM to 10:00PM daily. 11 .A minimum of one hotel staff member shall be present at all times when food and beverages are being served on the rooftop deck.
12. Use of the rooftop deck shall be limited to guests of the hotel only, unless approved in advance as part of a Special Event Permit.
13.No special events shall be permitted on rooftop deck without prior approval of Special Event Permit, pursuant to AMC Chapter 4-6, Special Events.
14.Approval as set forth herein does not constitute approval of a State of California Alcoholic Beverage Control License (ABC). The applicant/developer shall submit a subsequent application to the Planning and Building Department for considerationof approval of a specific ABC license type for the hotel’s on-site operations as a modification of this Conditional Use Permit.
15.The applicant/developer shall be responsible for the cost of all improvements in the public right-of-way required for the construction of the project, including but not limited to utilities upgrades, sidewalk repairs, and roadway improvements.
16.The applicant/developer shall coordinate with the Public Works Department to determine the location of, and shall be responsible for, the construction of a crosswalk or similar facilities as part of the public right-of-way improvements required to serve the project.
17.All utilities serving the project site shall be undergrounded on the property.
18. The applicant/developer shall provide a freshwater fire hydrant on the property. 16 Rescinded 11/4/24
19. Prior to issuance of a demolition permit, the applicant/developer shall prepare a construction management plan for approval by the Public Works Department. The plan shaH include, but is not limited to, detailed information regarding proposed street closures, traffic management plans, and encroachment permits required forconstruction of the project.
20. Prior to issuance of a grading permit, the applicant/developer shall prepare a nonpriority Water Quality Management Plan (WQMP) for approval by the Public Works Department.
21 .A trash enclosure shall be maintained of sufficient size to contain all bins and carts for the required solid waste, recycling, and organics service for the hotel operations, in compliance with all standards and requirements of AMC Chapter 6- 2, Solid Waste Collection, Article 2 “Commercial and Public Place Accumulations, Disposal, and Collection.”
22.The on-site commercial vehicle space shall be a minimum of 8 feet by 17 feet in size, consistent with the standard for a full-size vehicle space per AMC Section 9-7.606.a.
23.A qualified archaeologist that meets the Secretary of the Interior’s Professional Qualification Standard for Archaeology will be retained for ground disturbing projects within the City of Avalon. The qualified archaeologist will serve as the Principal Archaeologist and ensure compliance with all local, state, and federal laws and regulations. An archaeological monitor and TribalMonitor/Representative will monitor all ground disturbing activity and provide technical support to the City during projects. The Tribal Monitor/Representative will be someone of Gabrielino/Tongva descent. The archaeological monitor operates under the supervision of the Principal Archaeologist, and the archaeological monitor and Tribal Monitor/Representative have the authority to redirect work as necessary in order to evaluate and protect newly discovered cultural resources and/or Native American remains.
24. Cultural and tribal cultural resources monitoring activities shall comply with the City of Avalon “Cultural Resources and Native American Remains Monitoring and Mitigation Compliance Plan” dated January 2018.
25.Pursuant to AMC Section 9-11.104.d, the Applicant shall be responsible for providing rental housing for at least 50% of peak season employees, calculated at the time entitlements are granted. Any commercial development subject to the provisions of this Chapter is subject to audit by the City following the first peak season after commercial operations have commenced, and the City reserves the right to modify the new commercial development’s rental space requirements inline with this chapter if the estimation was deficient. Rents for such accommodations may be established by the hotel/motel/resort/new commercial operator with City approval, consistent with the City’s “Implementation Guidelines” 17 Rescinded 11/4/24
policy. Whether the hotel/motel/resort/new commercial operator may use existing housing stock or instead build new rental spaces to fulfill the requirements of this section will also be determined in line with the City’s “Implementation Guidelines” policy. All rentals must be for the period of not less than six months.
26. All hotel employee housing units shall provide dedicated kitchen and bathroom facilities within each unit.
27.On June 7, 2024, Southern California Edison granted a water allocation for only Phase 1 of the project, as described in the “Construction Phasing” section of the staff report (up to 10 bedrooms/units). Confirmation of an additional waterallocation must be secured prior to the granting of building permits for developmentassociated with Phase 2 of the project. The Applicant shall have up to three years to secure the necessary water allocation to complete the approved project. Should Applicant fail to obtain the required water allocation from SCE for the additional Phase 2 units, no building permit shall be issued for Phase 2 of the project.
28. Pursuant to AMC Chapter 4-4, Article 17 “Registration of Vehicles”, the Applicant or business owner shall be required to obtain a Vehicle Permit for all residentialand commercial vehicles that will operate within the public right-of-way of the City of Avalon.
29. Pursuant to AMC Section 9-8.410, this approval for these entitlements shall expire 36 months after the granting of approval if not vested or if a timely request for an extension of time has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control of the property owner shall not result in the termination of such right or privilege.
30.The Applicant shall, at its own expense and with counsel selected by City, fully defend, indemnify and hold harmless City, its officials, officers, employees, andagents (the “Indemnified Parties”), from and against any and all claims, suits,causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorneys’ fees, (“Liabilities”), arising in any way out of the Application or the Project under any state, federal, or local statute, law, ordinance, rule, regulation, or decision of a court of competent jurisdiction. Applicant’s indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul the City’s approval of the Application, and Liabilities premised on, related to or invoking CEQA, including but not limited to, those arising out of City’s decision that the Project is exempt from CEQA. City shall promptly notify Applicant of any such claim, action or proceeding, and shall cooperate fully in the defense of such claim, action, or proceeding. Applicant hereby waives any potential claim it might otherwise assert against City for any suspension of the processing of the Application resulting from the carrying out of this condition. Applicant’s obligations under this condition shall not be limited tothe amount of insurance coverage that may be available to Applicant, and shall not otherwise be restricted or confined by the presence or absence of any policy of 18 Rescinded 11/4/24
insurance held by City or Applicant. Applicant’s obligations, as set forth above, shall survive the completion or abandonment of the Project or the issuance of acertificate of occupancy with respect thereto. Such obligations shall be perpetual in duration and shall continue until such time as the Indemnified Parties are nolonger at risk for the Liabilities. Applicant’s obligations to indemnify under this Agreement shall include the obligation of the Applicant to defend City with legal counsel of City’s own choosing. In the event City elects not to select such counsel, the designation of such counsel shall be made by the Applicant but shall be subject to prior approval by City. In addition, City may, at its discretion, participate in thedefense of any action and/or proceeding. The provisions of this condition are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Further, all obligations and Liabilities under this Agreement are to be paid by the Applicant as they are incurred. 31 .The Applicant shall comply with all federal, state, and local laws, including all City regulations. Violation of any of those laws in connection with the use will be cause for revocation of this permit.
19 Rescinded 11/4/24