Agenda — Avalon City Council, September 16, 2025 (part 1 of 2)

AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 16, 2025 - 5:00 PM
410 AVALON CANYON ROAD
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, 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 YouTube: https://www.youtube.com/CityofAvalonCA

CALL TO ORDER / PLEDGE OF ALLEGIANCE / INVOCATION / ROLL CALL

ANNOUNCEMENTS / WRITTEN COMMUNICATIONS

DEPARTMENT HEAD REPORTS

CITY MANAGER REPORT / CITY ATTORNEY REPORT

COUNCILMEMBER REPORTS/REQUESTS / MAYOR REPORT

ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.

PRESENTATIONS

1. Kelly Ribuffo, Contract Planner from Sagecrest Environmental - Planning , will provide an overview of the City of Avalon's General Plan . (10 minutes)

2. City Engineer, Robert Greenlaw, PE, will provide an update on progress and next steps for Phase 2 of the Cabrillo Mole Revitalization Project. (30 minutes)

CONSENT CALENDAR

1. City Council Minutes
Although the live recording is the official record of public meetings, minutes are prepared for the City Council's approval.

Recommended Action
Approve minutes from September 2, 2025 regular City Council Meeting.

CITY COUNCIL AGENDA
SEPTEMBER 16, 2025
PAGE2

2. Warrants
Expenditures Submitted for Approval:
• US Bank General Account totaling $499,509.14
• One payroll totaling $312,975.65.
• Four electronic fund transfers totaling $155,262.31 .

Recommended Action
Approve the disbursements for August 25, 2025 through September 5, 2025 totaling $967,747.10.

3. Pledge of Revenue Agreement with CalRecycle for Postclosure Maintenance of Pebbly Beach Landfill
California Code of Regulations requires operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities. The City has $3.79 million in restricted trust funds committed to postclosure maintenance as of June 30, 2025. The State regulations allow another mechanism to demonstrate the availability of financial resources: a Pledge of Revenue.

Recommended Action
Adopt a resolution approving a Pledge of Revenue Agreement with the California Department of Resources Recycling and Recovery for postclosure maintenance for the Pebbly Beach Landfill, Facility No. 19-AA-0061 .

4. Harbor Vehicle Replacement
The Harbor Department requires a dependable and versatile road vehicle to carry out Harbor activities including responding to emergency calls on land, support of patrol operations and storm-duty. The current Harbor Patrol vehicle is a 19-year-old Ford Explorer that currently requires major repairs including front-end work, windshield replacement, engine repairs and major rust damage repair.

Recommended Action
Authorize City Manager, or his designee, to purchase a used 2019-2024 Ford Ranger to replace the current Harbor Patrol vehicle, a 2006 Ford Explorer, for an amount not-toexceed sum of $42,000.

GENERAL BUSINESS

5. Approval of Encroachment Permit for Private Improvements within the Public Right-ofWay at 358 Claressa Ave.

An application for an Encroachment Permit was submitted for the property located at 358 Claressa Ave. The application was received on July 28, 2025, and proposes two encroachments into the public right-of-way.

CITY COUNCIL AGENDA
SEPTEMBER 16, 2025
PAGE3
Recommended Action

1. Approve encroachment permit at 358 Claressa Ave for the construction of a new staircase within the public alley (between Claressa and Catalina Avenues) providing a secondary access to the second-floor unit, a new balcony on the second-floor, and a patio at grade on the first-floor dwelling unit both encroaching up to 22-inches into the Claressa Avenue right-of-way. 2. Authorize City Manager or his designee to approve to finalize and execute the encroachment permit, associated recordable maintenance covenant/easement, and to negotiate with the property owners the amounts of the required bond and liability insurance.

6. First Reading of an Ordinance Amending Chapter 9-5, Article 5 (UM - Low and Moderate Income Housing) and Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing programs 14 and 15 as set forth in the 6th Cycle General Plan Housing Element and Adoption of Exemption Findings Under the California Environmental Quality Act
In September 2022, the City Council adopted the 2021-2029/6th Cycle General Plan Housing Element. The Housing Element is a state-mandated section of the General Plan which identifies the housing needs, opportunities, and constraints in the City of Avalon .

The Housing Plan section of the Housing Element further sets forth the City's goals, policies and programs to address Avalon's identified housing needs. Some programs require one-time code amendments, while others have ongoing review schedules that require monitoring legislative actions and regular updates to the Avalon Municipal Code (AMC).

Recommended Action
Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-5, Article 5 (UM - Low and Moderate Income Housing) and Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing programs 14 and 15 as set forth in the 6th Cycle General Plan Housing Element and adoption of exemption findings under the California Environmental Quality Act.

7. Motorola Portable APX8000 Series Radio Procurement
The City of Avalon Fire Department needs LA RICS compatible radios. Utilizing cooperative procurement methods as outlined in Avalon Municipal Code Section 3-

4.111 (d) the City of Avalon requested quotes from Motorola Solutions for new radios.

Recommended Action

1. Make the affirmative finding to exempt this procurement from competitive bidding requirements due to utilization of cooperative bidding procedures as outlined in Avalon Municipal Code Section 3-4.111 (d). 2. Authorize the City Manager, and/or his designee, to execute a contract with Motorola Solutions to purchase four (4) new portable Motorola APX 8000 Radios for a not-to-exceed sum of $65,000 as budgeted in the City's Fiscal Year 2025-26 Capital Improvement Plan, Project #254501 , Account #10245-6547.

CITY COUNCIL AGENDA
SEPTEMBER 16, 2025
PAGE4

8. Maintenance Services Agreement with Perry Plumbing & Pipelining to Epoxy Lining Repairs of Sewer Mains
The City maintains an extensive sewer collection system, portions of which are constructed of verified clay pipe (VCP). Over time, these lines are prone to cracking and root intrusion, which cause blockages, backups, and costly emergency repairs. To extend the service life of existing public works infrastructure, staff have identified two segments of sewer main requiring epoxy lining rehabilitation .

Recommended Action
Per the City's procurement policy, authorize the City Manager, or his designee, to execute an agreement with Perry Plumbing & Pipelining to provide maintenance services for the installation of epoxy lining of two verified clay sewer mains in the amount not-to-exceed $32,036.

ADJOURN

NOTICE OF POSTING
I, Devin Elis Hart, declare that the City Council Agenda for Tuesday, September 16, 2025 was posted on Friday, September 12, 2025 on the City's website, www.cityofavalon.gov/agendacenter, and at City Hall, 410 Avalon Canyon Road.

Devin Elise Hart, Senior Management Analyst
MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
September 16, 2025 AGENDA ITEM: 1
City Clerk CITY MANAGER: ~Ll
Gabrielle Morones, City Clerk
City Council Minutes
RECOMMENDED ACTION(S): Approve minutes from the September 2, 2025 regular City Council Meeting.

REPORT SUMMARY: Although the live recording is the official recor<i 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. September 2, 2025 regular City Council Meeting Minutes

AVALON CITY COUNCIL MEETING
TUESDAY, SEPTEMBER 2, 2025 - 5:00 PM
410 AVALON CANYON ROAD

MINUTES
CALL TO ORDER-5:00 p.m.

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 4 written communications regarding Item #3 Short-Term Rental Legislative Measures. Copies were distributed to City Council and are on file in the City Clerk's office.

PRESENTATION
Tim Kielpinski, Chief Operating Officer of Catalina Island Health provided a general update regarding Catalina Island Health.

CONSENT CALENDAR-There were four Items on the Consent Calendar. Motion to approve Items #1-#4 made by Lisa Lavelle, seconded by Michael Ponce. (All Ayes)

1. City Council Minutes
Approved minutes from August 19, 2025 regular City Council Meeting.

2. Warrants
Approved US Bank General Account totaling $1,055,308.80, one payroll totaling $320,647.13, five electronic fund transfers totaling $183,080.45, and a electric fund transfer to CIRA of $1 ,386,967.00 for a total disbursement of $2,946,003.38 for August 11 , 2025 through August 22, 2025.

3. Short-Term Rental Legislative Measures
Adopted Ordinance No. 1227-25 of the City of Avalon Repealing and Replacing Article 3 of Chapter 3-1 of Title 3 of the Avalon Municipal Code Regarding Transient Rentals.

4. Request to Solicit Bids for Equipment for Annual Sewer Capital Improvement Projects In accordance with Avalon Municipal Code Section 3-4.106, City Council authorized the City Manager or his designee solicit a request for bids from qualified vendors for the procurement of two Muffin Monster® Manholes and two Wet Well Wizards TM , necessary equipment for the maintenance of the Waste Water Treatment Plant.

Mayor Marshall adjourned the meeting at 5:49 p.m.

I, Gabrielle Morones, City Clerk, do hereby certify that the DVD videotape of the regular City Council Meeting on September 2, 2025, is the official record of the Council Meeting and is on file and maintained in City Hall.

Gabrielle Morones, City Clerk

CITY OF AVALON CITY COUNCIL
MEETING DATE: September 16, 2025 AGENDA ITEM: ----
ORIGINATING DEP: Finance CITY MANAGER:

PREPARED BY:

SUBJECT:

Matthew Baker, Finance Director
Warrants
RECOMMENDED ACTION(S): Approve the disbursements for August 25, 2025 through September 5, 2025 totaling $967,747.1 0.

REPORT SUMMARY: These disbursements through September 5th are comprised of warrants from the US Bank General Account totaling $499,509.14, one payroll totaling $312,975.65, and other electronic fund transfers totaling $155,262.31 .

ITEM DESCRIPTION AMOUNT DATE
GF US BANK WARRANTS CK# 40604-40606 2,594.58 08/26/25
GF US BANK WARRANTS CK#40607-40617 5,725.13 08/27/25
GF US BANK WARRANTS CK# 40618-40694 399,141 .32 08/28/25 GF US BANK WARRANTS CK# 40695-40696 37,550.00 09/02/25
GF US BANK WARRANTS CK# 40697-40699 54,498.11 09/05/25
PAYROLL 312,975.65 09/05/25
EFT - CALPERS FEES 700.00 08/27/25
EFT - CALPERS RETIREMENT 48,033.65 08/27/25
EFT - CALPERS MEDICAL 98,469.62 09/05/25
EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES 8,059.04 09/05/25 TOTAL DISBURSEMENTS $967,747.10
GOAL ALIGNMENT: Ongoing meeting of City obligations.

FISCAL IMPACTS: There are sufficient funds available, and the expenditures are included in the FY24-25 Budget and FY25-26 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 Credit Card Detail

CITY OF AVALON
AUGUST 25TH, 2025 - SEPTEMBER 5TH, 2025 DISBURSEMENTS
September 16, 2025

ITEM DESCRIPTION
GF US BANK WARRANTS CK# 40604-40606
GF US BANK WARRANTS CK# 40607-40617
GF US BANK WARRANTS CK# 40618-40694
GF US BANK WARRANTS CK# 40695-40696
GF US BANK WARRANTS CK# 40697-40699

PAYROLL
EFT - CALPER5 FEES

EFT - CALPERS RETIREMENT

EFT - CALPERS MEDICAL

EFT - HARBOR/REC CREDIT CARD AND BANK SERVICE FEES

APPROVED AND AUDITED THIS
16TH DAY OF SEPTEMBER 2025

AUDIT COMMITTEE -MICHAEL PONCE

AUDIT COMMITTEE - MARY SCH ICKLING

TOTAL DISBURSEMENTS

AMOUNT DATE
2,594.58 08/26/25
5,725.13 08/27/25
399,141.32 08/28/25
37,550.00 09/ 02/25
54,498.11 09/05/25
312,975.65 09/05/25
700.00 08/27/25
48,033.65 08/27/25
98,469.62 09/05/25
8,059.04 09/05/25
$ 967,747.10

CERTIFICATE
IN ACCORDANCE WITH SECTION 32702

OF THE GOVERNMENT CODE, I CERTIFY

THAT THE ABOVE DEMANDS ARE ACCURATE

AND THAT FUNDS ARE AVAILABLE FOR
PAYMENT.

I CERTIFY UNDER PENALTY OF PERJURY

THAT THE FOREGOING IS TRUE AND
CORRECT.

EXECUTED THIS 16TH DAY OF SEPTEMBER 2025

FINANCE DIRECTOR - MATTHEW BAKER

CHECK DATE

NUMBER ISSUED
40604
40605
40606
08/ 26/2025
08/26/2025
08/ 26/2025
AMOUNT

CITY OF AVALON

WARRANT DISBURSEMENTS
September 16, 2025
NAME
2,176.29 EMPLOYEE PAYROLL

94.64 EMPLOYEE PAYROLL
2,594.58 EMPLOYEE PAYROLL
$ 2,594.58

Page 1 of 1 ends

DESCRIPTION
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/ 2025

CHECK DATE

NUMBER ISSUED AMOUNT
40607 08/27/2025 264.48
40608 08/27/2025 1,065.77
40609 08/27/2025 236.70
40610 08/27/2025 839.27
40611 08/27/2025 1,427.78
40612 08/27/2025 681.39
40613 08/27/2025 91.96
40614 08/27/2025 84.79
40615 08/27/2025 697.96
40616 08/27/2025 258.06
40617 08/27/2025 76.97
$ 5,725.13

CITY OF AVALON

WARRANT DISBURSEMENTS
September 16, 2025
NAME

EMPLOYEE PAYROLL

Page 1 of 1 ends

DESCRIPTION
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025
LOST CHECK REPLACEMENT 08/22/2025

CITY OF AVALON

WARRANT DISBURSEMENTS
September 16, 2025

CHECK DATE

NUMBER ISSUED AMOUNT NAME DESCRIPTION
40618 08/28/2025 2,455.74 CATALINA BEVERAGE CO SUPPLIES: ALL DEPTS 40619 08/28/2025 400.00 COUNTY OF LOS ANGELES C/0 LA RICS SERVICE: FIRE 40620 08/28/2025 1,095.33 ESG SERVICE: PUBLIC WORKS
40621 08/28/2025 360.00 ESG SERVICE: PUBLIC WORKS
40622 08/28/2025 16,186.82 ESG SERVICE: PUBLIC WORKS
40623 08/28/2025 6,160.00 ESG SERVICE: PUBLIC WORKS
40624 08/28/2025 4,109.05 ESG SERVICE: PUBLIC WORKS
40625 08/28/2025 160.00 ESG SERVICE: PUBLIC WORKS
40626 08/28/2025 2,476.60 ESG SERVICE: PUBLIC WORKS
40627 08/28/2025 2,494.01 ESG SERVICE: PUBLIC WORKS
40628 08/28/2025 400.00 ESG SERVICE: PUBLIC WORKS
40629 08/28/2025 554.45 ESG SERVICE: PUBLIC WORKS
40630 08/28/2025 385.00 ESG SERVICE: PUBLIC WORKS
40631 08/28/2025 540.00 ESG SERVICE: PUBLIC WORKS
40632 08/28/2025 540.00 ESG SERVICE: PUBLIC WORKS
40633 08/28/2025 540.00 ESG SERVICE: PUBLIC WORKS
40634 08/28/2025 180.00 ESG SERVICE: PUBLIC WORKS
40635 08/28/2025 18,207.69 ESG SERVICE: PUBLIC WORKS
40636 08/28/2025 618.75 ESG SERVICE: PUBLIC WORKS
40637 08/28/2025 360.00 ESG SERVICE: PUBLIC WORKS
40638 08/28/2025 180.00 ESG SERVICE: PUBLIC WORKS
40639 08/28/2025 6,024.36 XYLEM DEWATERING SOLUTIONS, INC SERVICE: PUBLIC WORKS 40640 08/28/2025 14,315.00 4LEAF, INC. SERVICE: PLANNING 40641 08/28/2025 5,843.66 AAA OIL, INC FUEL: HARBOR
40642 08/28/2025 705.30 AFLAC PAYROLL LIABILITIES
40643 08/28/2025 AMAZON CAPITAL SERVICES, INC. VOID: MULTI STUB CHECK 40644 08/28/2025 5,743.58 AMAZON CAPITAL SERVICES, INC. SUPPLIES: ALL DEPTS 40645 08/28/2025 350.08 AVALON FIRE FIGHTERS LOCAL 2295 PAYROLL LIABILITIES 40646 08/28/2025 954.59 AVALON FREIGHT SERVICES, LLC FREIGHT: ALL DEPTS 40647 08/28/2025 5,121.21 AVALON MOORING & DIVING SERVICE: HARBOR 40648 08/28/2025 24,083.33 AVALON SHOREBOAT SERVICE CORP. CONTRACT SVCS-09/2025 40649 08/28/2025 200.00 BENTDAHL, MARY SERVICE: RECREATION 40650 08/28/2025 487.83 CALIFORNIA STATE DISBURSEMENT UNIT PAYROLL LIABILITIES 40651 08/28/2025 5,075.94 CATALINA BEVERAGE CO SUPPLIES: ALL DEPTS 40652 08/28/2025 3,631.84 CATALINA BROADBAND SOLUTIONS INTERNET: ALL DEPTS 40653 08/28/2025 137,500.00 CATALINA CHAMBER OF COMMERCE TOT: 09/2025 40654 08/28/2025 246.00 CATALINA ISLANDER ADVERTISING :ALL DEPTS 40655 08/28/2025 62.51 CDW GOVERNMENT SUPPLIES: IT
40656 08/28/2025 1,740.00 CHARLES E. THOMAS COMPANY, INC. SERVICE: HARBOR 40657 08/28/2025 866.04 COLONIAL LIFE PAYROLL LIABILITIES 40658 08/28/2025 2,763.81 DAPEER, ROSENBLIT & LITVAK,LLP SERVICE: VEHICLES 40659 08/28/2025 1,860.25 DION & SONS MARINE FUELS INC FUEL: HARBOR 40660 08/28/2025 3,825.00 EAGLE PROTECTION SERVICE, INC. SERVICE: FIRE 40661 08/28/2025 70.14 EDISON UTILITIES: ALL DEPTS
40662 08/28/2025 1,200.00 ESPRY, INC. SERVICE: IT
40663 08/28/2025 3,316.86 GANAHL LUMBER COMPANY SUPPLIES: HARBOR 40664 08/28/2025 1,177.00 GEOGRAPHIC DATA & MANAGEMENT SERVICE: PLANNING 40665 08/28/2025 3,221 .44 GRAINGER SUPPLIES:PUBLIC WORKS 40666 08/28/2025 1,741.14 HARRY'S MARINE SERVICE, LLC SUPPLIES: HARBOR 40667 08/28/2025 29,748.88 HIGH DENSITY, INC. STORAGE SYSTEM: ADMIN 40668 08/28/2025 1,200.00 HOFFMANN, EDWARD C. SERVICE: 4TH OF JULY 40669 08/28/2025 2,495.00 IDR ENVIRONMENTAL SERVICES SUPPLIES:HW DISPOSAL 40670 08/28/2025 1,229.40 JORDAHL CONSTRUCTION SERVICE:PUBLIC WORKS 40671 08/28/2025 347.24 L.N. CURTIS & SONS SUPPLIES: FIRE 40672 08/28/2025 414.13 LAVELLE, LISA REIMB: 0/P COSTS
40673 08/28/2025 695.87 LAWSON PRODUCTS SUPPLIES: HARBOR 40674 08/28/2025 951.00 MASA DUES: 09/2025
40675 08/28/2025 1,171.05 MATTHEWS INTERNATIONAL CORPORATION SUPPLIES: CEMETERY 40676 08/28/2025 710.15 MCDONALD, AUDRA RETIREE INS: 09/2025 40677 08/28/2025 3,340.60 MCMASTER-CARR SUPPLIES: PUBLIC WORKS 40678 08/28/2025 344.10 MM INTERNET, INC. SERVICE: IT
40679 08/28/2025 5,544.00 MONTROSE ENVIRONMENTAL SOLUTIONS SERVICE : CIP 180003 40680 08/28/2025 1,082.24 NAPA AUTO PARTS SUPPLIES: GARAGE 40681 08/28/2025 220.00 PEREZ, OFELIA REFUND: TREMONT HALL 40682 08/28/2025 3,727.56 POLYDYNE, INC. SUPPLIES: WWTP 40683 08/28/2025 492.16 QUILL CORP SUPPLIES: ALL DEPTS
40684 08/28/2025 306.75 RICOH USA, INC. COPIER LEASE: PLANN

Page 1 of 2 ends

CHECK DATE

NUMBER ISSUED
40685 08/28/2025
40686 08/28/2025
40687 08/28/2025
40688 08/28/2025
40689 08/28/2025
40690 08/28/2025
40691 08/28/2025
40692 08/28/2025
40693 08/28/2025
40694 08/28/2025
AMOUNT

CITY OF AVALON

WARRANT DISBURSEMENTS
September 16, 202S
NAME
1,275.00 SEE WATER, INC.
9,357.91 SIRIA'S CLEANING SERVICE

CORPORATE PAYMENT SYSTEMS
25,803.86 CORPORATE PAYMENT SYSTEMS
346.19 US JETTING
1,477.36 VERIZON WIRELESS
2,425.50 WALTERS WHOLESALE ELECTRIC CO
13,717.26 WESTRIDGE ENVIRONMENTAL GROUP

77.51 WITMER PUBLIC SAFETY GROUP, INC.
110.25 XEROX CORPORATION
$ 399,141.32

Page 2 of 2 ends

DESCRIPTION
SE RVICE: HARBOR
2ND HALF 08/2025
VOID: MULTI STUB CHECK

SEE DETAIL
SUPPLIES: GARAGE
COMMUNICATIONS: ALL
SUPPLIES:PUBLIC WORKS
SUPPLIES: WWTP
SUPPLIES: FIRE
COPIER LEASE: ADMIN

CHECK DATE

NUMBER ISSUED
40695
40696
09/02/2025
09/02/2025
AMOUNT

CITY OF AVALON

WARRANT DISBURSEMENTS
September lG, 2025
NAME
18,800.00 CATALINA PEST CONTROL
18,750.00 VEGA, EDMUNDO
$ 37,550.00

Page 1 of 1 ends

DESCRIPTION

CITY HALL FUMIGATION
CONTRACT 5VCS:08/2025

CHECK DATE

NUMBER ISSUED AMOUNT
40697 09/05/2025 3,000.00
40698 09/ 05/2025 51,387.59
40699 09/05/2025 110.52
$ 54,498.11

CITY OF AVALON

WARRANT DISBURSEMENTS
September 16, 202S
NAME
CO. OF LOS ANGELES SHERIFF'S DEPT.

ESG
ISLAND EXPRESS HELICOPTERS INC.

Page 1 of 1 ends

DESCRIPTION
REDIDENT DPTY:06/2025
SERVICE: PUBLIC WORKS
FREIGHT: PUBLIC WORKS

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 28, 202S
September 16, 2025

LAST NAME POSTDATE AMTUSD VENDOR DESCRIPTION DEPARTMENT M . ALEGRIA 7/17/2025 68.37 LIVE ACTION SAFETY SUPPLIES: FIRE FIRE M . ALEGRIA 7/17/2025 250.00 STARLINK SERVICE: FIRE FIRE M . ALEGRIA 7/22/ 2025 347 .50 CATALINA EXPRESS TRAINING & TRAVEL: FIRE FIRE M . ALEGRIA 7/23/2025 (36.99) ADOBE INC CREDIT: IT FIRE M . ALEGRIA 7/23/2025 400.00 CA FIRE CHIEFS ASSOCIATION MEMBERSHIP DUES FIRE M . ALEGRIA 7/28/2025 18.77 ON0-087 LONG BEACH MEALS: FIRE FIRE M . ALEGRIA 7/28/2025 6.05 STARBUCKS MEALS: FIRE FIRE
M . ALEGRIA 7/28/2025 249.22 HILTON TRAINING & TRAVEL: FIRE FIRE C. CISNEROS 7/21/2025 59.85 CONEY ISLAND WEST MEALS: FIRE FIRE CORDERO 8/4/2025 1,541.93 HARRY'S MARINE SUPPLIES: HARBOR PUBLIC WORKS CORDERO 8/8/202S 23.88 VONS SUPPLIES: PUBLIC WORKS PUBLIC WORKS GILBERT 7/23/2025 38.58 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE PUBLIC WORKS GILBERT 7/31/202S 31 .94 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS GILBERT 8/4/2025 36.40 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS GILBERT 8/11/2025 . 48.29 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE PUBLIC WORKS GILBERT 8/11/2025 129.99 NFPA NATIONAL FIRE PROTECTION CODE BOOK: FIRE PUBLIC WORKS GILBERT 8/14/2025 100.26 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS GREENLAW 8/15/2025 34.10 USPS POSTAGE PUBLIC WORKS
D.W .HART 7/16/2025 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) RECREATION OW.HART 7/17/2025 92.00 CATALINA EXPRESS TRAVEL: RECREATION RECREATION OW.HART 7/17/2025 1,825.74 BAGS IN BULK SUPPLIES: RECREATION RECREATION OW.HART 7/ 21/2025 37.04 VONS PROGRAM SUPPLIES: DAY CAMP RECREATION D.W.HART 7/22/202S 92.00 CATALINA EXPRESS TRAVEL: RECREATION RECREATION D.W.HART 7/23/2025 16.50 CHET'S HARDWARE SUPPLIES: RECREATION RECREATION D.W.HART 7/23/2025 16.07 VONS PROGRAM SUPPLIES: DAY CAMP RECREATION OW.HART 7/23/2025 35.95 VONS PROGRAM SUPPLIES: DAY CAMP RECREATION OW.HART 7/24/2025 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) RECREATION D.W.HART 7/24/2025 395.00 SWAN K MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) RECREATION OW.HART 7/25/2025 (395.00) SWANK MOTION PICTURES REFUND RECREATION OW.HART 7/28/2025 8.64 VONS PROGRAM SUPPLIES: DAY CAMP RECREATION D.W.HART 7/30/2025 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) RECREATION D.W.HART 8/4/2025 20.14 VONS PROGRAM SUPPLIES: DAY CAMP RECREATION D.W.HART 8/6/202S 115.17 DRl•ESIGNS PARK SIGN RECREATION OW.HART 8/7/2025 27.31 CHET'S HARDWARE SUPPLIES: RECREATION RECREATION D.W.HART 8/7/202S 39S.OO SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) RECREATION OW.HART 8/8/2025 (1.43) CHET'S HARDWARE SUPPLIES: RECREATION RECREATION OW.HART 8/ 11/2025 33.08 ISLAND DONUTS PROGRAM SUPPLIES: DAY CAMP RECREATION D.W.HART 8/13/2025 150.00 ESCAPE ROOM CATALINA PROGRAM SUPPLIES: DAY CAMP RECREATION OW.HART 8/13/2025 90.00 ESCAPE ROOM CATALINA PROGRAM SUPPLIES: DAY CAMP RECREATION OW.HART 8/13/202S 395.00 SWANK MOTION PICTURES SUPPLIES: SPECIAL EVENTS (FISHING DERBY) RECREATION OW.HART 8/15/202S 39.66 CHET'S HARDWARE PROGRAM SUPPLIES: DAY CAMP RECREATION D.W.HART 8/15/202S 175.79 VOLLEYBALL USA PARK SUPPLIES RECREATION D.E. HART 7/18/202S 136.80 CATALINA COFFEE & CO SUPPLIES: SPECIAL EVENTS ( RESORCE FAIR) ADMIN D.E. HART 7/21/202S 99.00 SURVEY MONKEY OPERATION COSTS: IT ADMIN D.E. HART 7/31/2025 528.01 DRl•ESIGNS SUPPLIES : HARBOR ADMIN D.E. HART 8/4/2025 82.96 CYBERLIN K OPERATION COSTS: IT ADMIN D.E. HART 8/lS/2025 lS.00 QUICKESIGN OPERATION COSTS: IT ADMIN L. RUBIO 7/16/202S SS .04 CHET'S HARDWARE MAINTENANCE: VEHICLES GARAGE L. RUBIO 7/21/202S 638.45 HARBOR FREIGHT MAINTENANCE : VEHICLES GARAGE L. RUBIO 8/8/2025 264.41 GOLF CAR RANCH MAINTENANCE: VEHICLES GARAGE M . DAILEY 7/29/202S 120.00 DUO SECURITY OPERATION COSTS: IT ADMIN M . DAILEY 7/30/2025 1,826.96 DELL TECHNOLOGIES OPERATION COSTS: IT ADMIN M . DAILEY 7/31/202S 13.98 JOAN OPERATION COSTS: IT ADMIN M . DAILEY 8/1/2025 6S.OO STARLINK OPERATION COSTS: IT ADMIN M . DAILEY 8/4/2025 210.00 DOMOT2 OPERATION COSTS: IT ADMIN M . DAILEY 8/4/202S 1,826.96 DELL TECHNOLOGIES OPERATION COSTS: IT ADMJN M . DAILEY 8/15/202S 25.00 CLOUDFLARE OPERATION COSTS: IT ADMIN HMIELAK 7/28/2025 272.29 JIM GREEN FOOTWEAR SUPPLIES: UNIFORMS PUBLIC WORKS HMIELAK 7/28/202S 20.67 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS HMIELAK 7/29/202S 3,611.S9 CLOSE LUMBER SUPPLIES: WWTP PUBLIC WORKS HMIELAK 8/1/202S (77.16) DICKIES SUPPLIES: UNIFORMS PUBLIC WORKS HMIELAK 8/ll/202S 86.19 MSA TRAINING & EQUIP SHOW TRAINING : PUBLIC WORKS PUBLIC WORKS HMIELAK 8/ll/202S 10.48 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS HMIELAK 8/12/2025 86.19 MSA TRAINING & EQUIP SHOW TRAINING : PUBLIC WORKS PUBLIC WORKS HMIELAK 8/14/2025 2,831.68 BLOCK DIVISION SUPPLIES : HARBOR MAINTENANCE PUBLIC WORKS HMIELAK 8/15/2025 77.14 DICKIES SUPPLIES: UNIFORMS PUBLIC WORKS PH IL H. 7/23/202S S5.ll CHET'S HARDWARE SUPPLIES : HARBOR M AINTENANCE GARAGE PH IL H. 7/23/202S 38.S4 PEBBLEY BEACH BUILDING SUPPLY SUPPLI ES : HARBOR MAINTENANCE GARAGE PHIL H. 7/25/2025 454.41 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 7/28/202S 8.90 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 7/30/2025 39.22 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 7/30/2025 156.41 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE PH IL H. 7/31/2025 11.21 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/1/2025 31.75 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/6/2025 441.82 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/7/2025 185.16 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PH IL H. 8/8/2025 50.14 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/8/202S 38.SS CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/8/2025 17.96 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/ 8/2025 79.90 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/11/2025 108.34 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE

Page 1 of 2 ends

CITY OF AVALON
US BANK CREDIT CARD CHARGES PAID AUGUST 28, 2025
September 16, 2025

LAST NAME POSTDATE AMTUSD VENDOR DESCRIPTION DEPARTMENT PHIL H. 8/11/2025 27.53 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/13/2025 61.76 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/14/2025 19.81 CHET'S HARDWARE SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/14/2025 120.42 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES : HARBOR MAINTENANCE GARAGE PHIL H. 8/ 15/2025 455.18 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: HARBOR MAINTENANCE GARAGE ROGELIO 7/ 16/2025 13.76 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PU BLIC WORKS ROGELIO 7/17/ 2025 115.15 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/17/2025 31.95 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/18/2025 50.22 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/ 18/ 2025 59.71 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/18/ 2025 25.53 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/18/2025 22.09 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/18/2025 26.76 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/21/2025 54.85 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/21/2025 28.44 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/21/2025 26.44 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/21/2025 183.60 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/24/2025 270.53 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/24/2025 246.92 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/25/2025 117.91 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/28/2025 38.48 CHET'S HARDWARE SUPPLI ES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/30/2025 84.80 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 7/31/2025 34.67 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/1/2025 71.97 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/4/2025 15.01 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/4/2025 38.58 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/ 4/2025 19.38 VONS SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/11/2025 541.07 PEBBLEY BEACH BUILDING SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/11/2025 148.68 PEBBLEY BEACH BUILDI NG SUPPLY SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/15/2025 4.95 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGE LIO 8/15/2025 56.19 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/15/2025 4.95 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS ROGELIO 8/15/2025 99.19 CHET'S HARDWARE SUPPLIES: PUBLIC WORKS PUBLIC WORKS P. SANCHEZ 7/21/2025 24.24 CHET'S HARDWARE SUPPLIES: HARBOR HARBOR P. SANCHEZ 7/31/2025 13.22 CHET'S HARDWARE SUPPLIES: HARBOR HARBOR P. SANCHEZ 8/11/ 2025 9.03 CHET'S HARDWARE SUPPLIES: HARBOR HARBOR S 25,803.86 CHECK NUMBER 40688

Page 2 of 2 ends

MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
September 16, 2025
Administration
AGENDA ITEM: -3
CITY MANAGER:

Jocelyn Francis, Assistant City Manager
Matt Baker, Finance Director
- ----
~WA.

Pledge of Revenue Agreement with CalRecycle for
Postclosure Maintenance of Pebbly Beach Landfill
RECOMMENDED ACTION(S): Adopt a resolution approving a Pledge of Revenue Agreement with the California Department of Resources Recycling and Recovery for postclosure maintenance for the Pebbly Beach Landfill, Facility No. 19-AA-0061 .

REPORT SUMMARY: The City of Avalon's Pebbly Beach Landfill has less than two years left of life. The City, in conjunction with CR&R, is working to optimize the life of the landfill through a capital infrastructure project currently under review of Los Angeles County Regional Planning. If approved by Los Angeles County, the construction of an eighteen foot mechanically stabilized earth wall will extend the life of the landfill for 25-27 years given current use.

California Code of Regulations Title 27, Division 2, Subdivision 1, Chapter 6 (the "Regulations") requires operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities. The minimum period to fund a landfill after closure is 30 years, or until no longer deemed a threat by regulatory agencies.

The City currently uses the restricted enterprise fund mechanism in accordance with §22241 of the regulations for financial obligations for closure, postclosure maintenance, and corrective action. The City currently has $3.79 million in restricted trust funds committed to postclosure maintenance as of June 30, 2025.

The State regulations allow another mechanism to demonstrate the availability of financial resources: a Pledge of Revenue. A Pledge of Revenue is an agreement between the City of Avalon and the California Department of Resources Recycling and Recovery (CalRecycle) wherein the City commits to budgeting the costs of postclosure maintenance each year instead of funding the full 30 years with restricted cash reserves.

With the proposed added capacity of the Pebbly Beach Life Optimization Project, the Pebbly Beach Landfill is not expected to reach capacity until fiscal year 2051/2052. The City has already budgeted $500,000 in the solid waste fund for planning, environmental review, and design. The City currently estimates construction costs to be at three million.

By approving the resolution and changing the funding mechanism of the trust fund method to the pledge of revenue method will allow for these funds to be used for the capital project toward Phase 1 of wall construction. This will also provide additional time for the City to accumulate revenues for Phase 2 and Phase 3 of construction.

The pledge of revenue mechanism requires the City to enter into an agreement with CalRecycle to memorialize the City's financial commitment for postclosure maintenance.

City staff drafted the agreement with concurrence from the City Attorney's Office and CalRecycle staff. If the pledge is approved by City Council and Calrecycle, the City's pledge amount postclosure shall be equal to $79,274 (in 2025 dollars) per year for the state mandated period of postclosure maintenance.

FISCAL IMPACTS: By changing the funding mechanism from the restricted enterprise trust fund to a pledge of revenue will allow funds that would otherwise be used to fund post-closure costs to become available in the Solid Waste Fund . These funds will be used for the Pebbly Beach Landfill Life Site Optimization Project and improve solvency with the Solid Waste Fund .

GOAL ALIGNMENT: Improved Business Efficiency
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: None.

FOLLOW UP ACTION: Execute the resolution and agreement documents with CalRecycle. Conduct appropriate fund transfers to the Solid Waste Fund .

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:
• Resolution
• Agreement
------
RESOLUTION NO.~

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF AV ALON APPROVING A PLEDGE OF REVENUE AGREEMENT WITH

THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY

FOR POSTCLOSURE MAINTENANCE OF THE PEBBLY BEACH LANDFILL, FACILITY NO. 19-AA-0061
WHEREAS, the City of Avalon is the property owner of the Pebbly Beach Landfill, a Class III disposal facility permitted to accept non-hazardous municipal solid waste, in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 19-AA-0061 issued by the County of Los Angeles serving as the Local Enforcement Agency ("LEA") for the California Department of Resources Recycling and Recovery ("CalRecycle"); and
WHEREAS, the Pebbly Beach Landfill is operated by Avalon Environmental Services, a subsidiary of CR&R Inc., who is not a land owner within the premises of the Pebbly Beach Landfill, but operates the Pebbly Beach Landfill; and
WHEREAS, Public Resources Code §43500 through §43610.1 and Title 27, California Code of Regulations, Division 2, Subdivision l , Chapter 6 (the "Regulations"), require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities; and WHEREAS, the City of Avalon currently utilizes a restricted Trust Fund in accordance with §22240 of the Regulations to demonstrate financial assurances for closure, postclosure maintenance, and reasonably foreseeable corrective action; and WHEREAS, §22228 and §22245 of the Regulations specify a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for financing postclosure maintenance costs of a solid waste landfill; and
WHEREAS, in lieu of utilizing the Trust Fund , the City of Avalon shall establish a Pledge of Revenue to demonstrate financial responsibility for postclosure maintenance of the Pebbly Beach Landfill in accordance with §22228 and §22245 of the Regulations; the Trust Fund will continue to be utilized to demonstrate financial responsibility for closure and reasonably foreseeable corrective action costs in accordance with sections 22228 and 22240 of the Regulations.

WHEREAS, the City of Avalon and CalRecycle have agreed to enter into an agreement to memorialize financial obligations for postclosure maintenance for the Pebbly Beach Landfill, as required by the Regulations, as further outlined in the most recent Pledge of Revenue Agreement for Postclosure Maintenance for the Pebbly Beach Landfill with CalRecycle.

NOW, THEREFORE the City Council of the City of Avalon does determine, find and resolve as follows:

I. Avalon Environmental Services, a subsidiary of CC&R Inc. operates the Pebbly Beach Landfill, a solid waste landfill, in conformance with the findings, conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. l 9-AA-0061 issued by the County of Los Angeles Department of Public Health serving as Local Enforcement Agency for the California Department of Resources Recycling and Recovery (CalRecycle);

2. The City of A val on shall establish a Pledge of Revenue to demonstrate financial responsibility for postclosure maintenance of the Pebbly Beach Landfill in accordance with sections 22228 and 22245 of the Regulations.

3. The City of A val on also confirms the prior establishment of the Trust Fund, which shall continue to be maintained and utilized to demonstrate financial assurances for closure and reasonably foreseeable corrective action.

3. Disbursement of funds for postclosure maintenance shall be in accordance with the final postclosure maintenance plan, as approved by CalRecycle.

4. In the event CalRecycle determines that the City of A val on has failed , or is failing, to perform postclosure maintenance as required by law, CalRecycle may direct the City Manager to pay from the pledged revenues sufficient funds to ensure postclosure maintenance is performed in accordance with the directives of Cal Recycle.

5. The City Manager is directed to produce an Annual Certification Report (form CalRecycle 114) as required by Section 22233(b)(4)(B) of the Regulations to demonstrate that the pledged revenue continues to be available when needed and will cover the cost estimate for postclosure maintenance identified in the updated Annual Inflation Report required by Section 22236 of the Regulations. It is understood that copies of the Resolution and Pledge of Revenue Agreement are not required annually, unless amended.

6. Authorize and direct the City Manager or designee to enter into a Pledge of Revenue Agreement for Postclosure Maintenance for the Pebbly Beach Landfill with CalRecycle, incorporated herein by reference; and

7. Authorize and direct the City Manager or designee to enter into amendments or modifications consistent with the original terms of the Agreement; and

8. Authorize and direct the City Manager or designee to allocate sufficient funding in the annual budget of the Solid Waste Enterprise Fund to facilitate postclosure requirements consistent with the Regulations.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon this __ day of September, 2025, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

ATTEST:

Gabrielle Morones
City Clerk
City of A val on
Ann H. Marshall, Mayor
City of A val on

PLEDGE OF REVENUE AGREEMENT FOR

POSTCLOSURE MAINTENANCE FOR
THE PEBBLY BEACH LANDFILL, FACILITY NO. 19-AA-0061
This Agreement establishes a Pledge of Revenue to assure that adequate funds are available to carry out the Postclosure Maintenance for the Pebbly Beach Landfill, owned by the City of Avalon , a California Municipal Corporation, a general law city, in Avalon , California. The Agreement shall become effective immediately and is made and entered into by and between the City of Avalon and the California Department of Resources Recycling and Recovery ("CalRecycle").

WHEREAS, Public Resources Code, §43500 through §43610.1 and Title 27, California Code of Regulations ("Regulations"), Division 2, Subdivision 1, Chapter 6, require operators of solid waste landfills to demonstrate the availability of financial resources to conduct closure, postclosure maintenance, and corrective action activities; and
WHEREAS, §22228 and §22245 of the Regulations specify a Pledge of Revenue as an acceptable mechanism to demonstrate financial responsibility for postclosure maintenance costs of a solid waste landfill; and
WHEREAS, the City of Avalon currently utilizes a Trust Fund to demonstrate financial assurances for closure, postclosure maintenance and reasonably foreseeable corrective action; and
WHEREAS, the City of Avalon is the property owner of the Pebbly Beach Landfill, a solid waste landfill, and Avalon Environmental Services, a subsidiary of CR&R Inc., operates the Pebbly Beach Landfill in conformance with the findings , conditions, prohibitions and requirements contained in Solid Waste Facilities Permit No. 19-AA-0061 issued by the Los Angeles County Department of Public Health serving as Local Enforcement Agency ("LEA") for CalRecycle; and
WHEREAS, in lieu of using the Trust Fund, the City of Avalon is now pledging revenues from user fees of the Pebbly Beach Landfill (Solid Waste Facilities Permit No. 19-AA-0061) to demonstrate its financial responsibility for postclosure maintenance of the Pebbly Beach Landfill. User fees are the fees charged to property owners in the City of Avalon for solid waste collection services. The City of Avalon assesses user fees based on the nature of the parcel (e.g. residential, restaurant, shops and offices). The Trust Fund will continue to be utilized to demonstrate financial responsibility for closure and reasonably foreseeable corrective action costs in accordance with Sections 22228 and 22245 of the Regulations; and
WHEREAS, the City of Avalon has determined that projected net revenues from user fees during the State mandated period of postclosure maintenance, as determined pursuant to §21900 of the Regulations, shall, during each year of this period, be greater than the yearly monitoring and postclosure maintenance costs contained in the most recent Cost Estimate for the Pebbly Beach Landfill, which has been submitted to CalRecycle in accordance with §21840 of the Regulations.

NOW THEREFORE, the City of Avalon and CalRecycle do agree as follows ;

1. The City of Avalon hereby establishes a pledge of revenue to demonstrate financial responsibility for postclosure maintenance of the Pebbly Beach Landfill in accordance with sections 22228 and 22245 of the Regulations.

2. The City of Avalon agrees to pledge net revenues from user fees as described herein.

3. The amount of the pledged revenue shall be equal to $79,274.00 (in 2025 dollars) per year for the state mandated period of postclosure maintenance, representing the most recent monitoring and postclosure maintenance cost estimate for the Pebbly Beach Landfill. It is agreed that the amount of this pledge may increase or decrease to match any adjustment to the identified cost estimate, as mutually agreed to by the City of Avalon and CalRecycle.

4. The City Manager is directed to produce an Annual Certification Report (form CalRecycle 114) as required by Section 22233(b)(4)(B) of the Regulations to demonstrate that the pledged revenue continues to be available when needed and will cover the cost estimate identified in the updated Annual Inflation Report required by Section 22236 of the Regulations. It is understood that copies of the Resolution and Pledge of Revenue Agreement are not required annually, unless amended.

5. If the City of Avalon ceases at any time to retain control of its ability to allocate the pledged revenue as identified herein to pay postclosure maintenance costs, the City of Avalon shall notify CalRecycle and the local enforcement agency and shall obtain alternate coverage within sixty (60) days after the control of funds lapses, pursuant to section 22245 of the Regulations.

6. In the event that CalRecycle, RWQCB or LEA staff determine that the City of Avalon has failed, or is failing , to perform postclosure maintenance as required by law, CalRecycle, RWQCB and/or LEA staff shall confer with the City of Avalon and attempt to resolve the alleged violation. If no agreement is reached , the matter shall be presented to CalRecycle which shall give reasonable notice, hold a public hearing, and consider the testimony and documentation submitted by CalRecycle and/or LEA staff, the City of Avalon, and any interested parties, prior to making a determination in the matter. In the event CalRecycle then determines that the City of Avalon has failed , or is failing , to perform postclosure maintenance as required by law, CalRecycle may direct the City Managaer_to pay from the pledged revenues sufficient funds to ensure postclosure maintenance is performed in accordance with the directives of CalRecycle and RWQCB.

IN WITNESS HEREOF, the parties have executed this agreement on the date as set forth below.

By City this day __ of September 2025
By CalRecycle this day __ of September 2025

STATE OF CALIFORNIA
California Department of Resources
Recycling And Recovery (CalRecycle)
By:----------
Authorized Officer of the Cal Recycle

APPROVED AS TO FORM
AND PROCEDURE:

By:---- ---------
Authorized Counsel of the Cal Recycle

CITY OF AVALON
By:----------
David M. Maistros, City Manager
ATTEST:

By:-----------
Gabrielle Morones, City Clerk

APPROVED AS TO FORM
By:-----------
Scott Campbell, City Attorney
Best Best & Kriger, LLP
MEETING DATE:

ORIGINATING DEPT:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
September 16, 2025
Harbor Department
Kevin Schmidt, Harbor Master
Harbor Vehicle Replacement
AGENDA ITEM:

CITY MANAGER:

RECOMMENDED ACTION(S): Authorize City Manager, or their designee, to purchase a used 2019-2024 Ford Ranger to replace the current Harbor Patrol vehicle, a 2006 Ford Explorer, for an amount not to exceed sum of $42,000.

REPORT SUMMARY: The Harbor Department requires a dependable and versatile road vehicle to carry out Harbor activities including responding to emergency calls on land, support of patrol operations and storm-duty. The current Harbor Patrol vehicle is a 19-year-old Ford Explorer that currently requires major repairs including front-end work, windshield replacement, engine repairs and major rust damage repair.

A used , late-model Ford Ranger truck was selected for its reliability, fuel efficiency, versatility, and cost-effectiveness. Key benefits of this truck include:
• Versatility: The Ranger is a mid-size truck that is big enough to carry essential equipment and personnel while still small enough to not create a burden on the City's streets. A tonneau cover over the bed will allow equipment to be locked and secure. • Cost-Effectiveness: Purchasing a lightly used vehicle, instead of spending thousands of dollars to repair the current 19-year-old vehicle, whose maintenance/repair costs will continue to rise, or purchasing a new vehicle, is cost-effective while providing a dependable vehicle for shore-side Harbor Patrol operations. • Efficiency: The light truck platform of the Ranger allows it to perform a variety of tasks besides the transport of personnel during storms, including hauling and towing . The fuel efficiency of the Ranger is a combined 22 MPG, a significant improvement over the current 2006 Explorer.

Per the City of Avalon's purchasing requirements as described in Avalon Municipal Code Section 3-4.106 (a), quotes were obtained from four auto dealerships located in Southern California. The following table shows the proposed cost per truck, which includes taxes and delivery fees :

Company Location Proposed Cost
EiC El ca·on, CA $40,503.84
OCH C Temecula, CA $41 ,389.26
N Vista, CA $36,203.71
Northrid e, CA $34, 459.61
City Staff will visit the locations that have provided quotes and test drive the vehicles to make a final determination on which may be the best fit for the Harbor Department. Staff is requesting the authority to purchase a truck at a total not to exceed cost of $42,000, which includes the cost of barge fees to ship the truck to the island, a tonneau cover, and electronics installation.

GOAL ALIGNMENT: Vehicle reliability & safety while improving City services.

FISCAL IMPACTS: Sufficient funds allocated in FY 25-26 Vehicle Replacement Fund (Fund #10470-6781) to allow procurement of the vehicle at a cost not to exceed $42,000.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Harbor Department will incur a significant expense to repair a 19-year-old vehicle that will continue to have rising repair costs and dependability issues.

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: None
MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
AGENDA ITEM: 6 ---- September 16, 2025
Public Works CITY MANAGER: b,(_u__
Jackeline Cordero, Public Works Director
Approval of Encroachment Permit for Private Improvements within the Public Right-of-Way at 358 Claressa Ave.

RECOMMENDED ACTION(S): 1. Approve encroachment permit at 358 Claressa Ave for the construction of a new staircase within the public alley (between Claressa and Catalina Avenues) providing a secondary access to the second-floor unit, a new balcony on the second-floor, and a patio at grade on the first-floor dwelling unit both encroaching up to 22-inches into the Claressa Avenue right-of-way. 2. Authorize City Manager or his designee to approve to finalize and execute the encroachment permit, associated recordable maintenance covenant/easement, and to negotiate with the property owners the amounts of the required bond and liability insurance.

REPORT SUMMARY: An application for an Encroachment Permit was submitted by property owner Tony Rubio for the property located at 358 Claressa Ave. The application was received on July 28, 2025, and proposes two encroachments into the public right-ofway (R.O.W.).

The proposed project work:
• Staircase: Encroachment into the alley between Claressa and Catalina Avenues, improving access and providing a secondary entry into the second-floor dwelling. • 2nd Floor Balcony: Encroachment of up to 22 inches into the Claressa Avenue P.R.O.W. for a new balcony (approximately 5' x 15', or 60 sq . ft.) on the second-floor dwelling.
• 1st Floor Patio: Encroachment of up to 22 inches into the Claressa Avenue P.R.O.W. on the first-floor dwelling. Patio is at grade.

At the July 16, 2025, regular meeting, the Planning Commission reviewed the proposal for the new balcony and patio, and approved a variance to reduce the setback to the property line along Claressa Avenue to zero feet (PC#2883) to accommodate the proposed project. A variance was not required for the patio, as patios at grade are permitted to encroachment into setback areas.

The Planning Commission only has authority to grant a reduction to setbacks on private property. Therefore, Condition #3 of Resolution No. PC 25-48 states that construction of the balcony and patio into the P.R.O.W, is subject to subsequent approval of an encroachment permit by the City Council. Should the City Council not grant the required encroachment permit, then the applicant will only be permitted to build the balcony and patio up to the property line and revised plans must be submitted to the Planning and Building Department to update the project records.

Pursuant to AMC Section 4-9.105, City Council approval is required for permanent encroachments that involve above-ground structures or that may substantially interfere with the use of the public right-of-way.

Per AMC Section 4-9.106, encroachment permits may be granted if the following criteria are met:
(a) The encroachment is necessary or desirable;
(b) The encroachment does not create a substantial adverse impact on persons or property; and
(c) The encroachment does not adversely affect the public health, welfare and safety.

City staff recommends the City Council authorize the City Manager or his designee to negotiate, set for conditions, and execute encroachment permit for the property owner to 358 Claressa Ave, in conformance with Avalon Municipal Code Section 4-9.105 and 4-

9.106.

The proposed encroachment meets the findings for approval:
a) It is desirable as it provides secondary safe access to the upstairs dwelling unit. Offers private outdoor space consistent with other residences in the Flats neighborhood.

Supports neighborhood development patterns, maximizing usable space; b) It does not create substantial adverse impacts on nearby properties because they do not impede access to adjacent properties, interfere with existing utilities, or public facilities . The 22-inch balcony encroachment on the second-floor dwelling aligns with historic development patterns along Claressa Avenue. The 22-inch patio encroachment on the first-floor dwelling remaining open and at grade, allowing for 4.5 feet from curb to Property Line is consistent with Tremont development. c) It does not adversely affect public health, welfare, or safety because the proposed construction will comply with applicable building, drainage, and clearance standards.

Encroachments do not alter traffic circulation or emergency access in the Flats neighborhood.

The applicant has agreed to:
• Maintain the improvements in a safe and clean condition; • Comply with all terms of the encroachment permit;
• Execute a recordable maintenance covenant/easement (to be executed prior to permit issuance).

When a permit is issued under City Council authority under AMC Section 4-9.105, the City Council may determine the appropriate term of the encroachment permit. The balcony improvement is intended to be permanent in nature; therefore, staff recommends a term of five years.

AMC Section 4-9.107 requires , as a condition to permit issuance, the permittee to execute a recordable covenant running with the land , in a form approved by the City Attorney, surrendering possession of the encroachment structure, releasing the City from all claims in the event the City determines to widen or improve the right-of-way, and agreeing to indemnify and hold the City harmless from all liability and damages and from all costs of suit, including attorneys' fees, arising from the encroachment.

Additionally, the City Manager or his designee will set forth the conditions of the encroachment permit including establishing an appropriate level of insurance required as well as maintenance standards and any potential bond requirement.

The Planning and Building Department recommends a condition on the deed and permit explicitly stating the proposed staircase is secondary access, and may not be designated as a primary access for future improvements to the property, including but not limited to reconfiguration of the floor plan or the creation of additional dwelling or accessory dwelling units. The alley staircase shall be removable within one-hour when access to the alley is needed for utility and wastewater maintenance needs. Additionally, recommend the firstfloor dwelling patio to remain at grade and keep 4.5 feet of clearance from curb to Property Line.

FISCAL IMPACTS: None identified.

GOAL ALIGNMENT: Right-of-way, infrastructure improvement.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The applicant would not be able to construct the new staircase into the public right-of-way, limiting access, nor being able to gain more livable balcony and patio space.

FOLLOW UP ACTION: Implement City Council direction. Negotiate and finalize encroachment permit and maintenance agreement for property, 358 Claressa Ave.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. Applicant's 2025 Encroachment Permit.

2. Applicant's ROW Site Plan.

3. Tremont Encroachment Survey - 358 Clarissa
Permit Fee: $249

CITY OF AVALON

APPLICATION FOR ENCROACHMENT PERMIT
(Attach copy of plans an specifications of proposed encroachment with this Application) Minor Encroachments pursuant to Avalon Municipal Code Sec. 4-0.104 may not exceed five (5) years. (Avalon Municipal Code ('Code') Sec. 4-9.109) (Applicant may a ually apply for su~uent~ (1) year permit term extensions unless permit is terminated by City or applicant). One year extens req ste : yes ..L..l no .L.L Proposed Permit Term: Effective Date: J:1~((:I~--- Expiration Date:------,----- Applicant agrees to indemnify, defend (with counsel acceptable to~-y) and hold harmless the City, Its officers and its employees from all liability and damages and from all costs of suit, Incl ding attorne fi e arising from the encroachment or the permit.

Dated:1~ Applicant: ~ ~ S nature
Terms and Conditions of Permit:

This permit is revocable upon thirty (30) days written notice from the City to applicant at the above address.

This City Council has determined that the issuance of this permit is necessary or desirable, It does not create a substantial adverse Impact on persons or property and it does not adversely affect the public health, welfare and safety.

When the Encroachment Permit is to create parking, this permit only entitles applicant to construct the encroachment structure described In this Application on City-owned property. II does not give applicant exclusive use of City-owned property or the right to exclude o~ers from City-owned property.

As a condition of issuance of this permit, applicant shall execute a recordable covenant running with the land, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City from all dalms in the event that the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment Is located; and (b) indemnifies, defends and holds the City harmless from all liability and damages and from costs of suit, including attorney fees, arising from the encroachment or the permit. (Code Sec. 4-9.107).

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

Unless waived by the City Manager, applicant shall provide the City with a copy of liability insurance (combined single limit for bodily injury and/or property damage) in the amount of $ _________ listing the City as additional Insured, and shall maintain said insurance for the term of the permit.

Applicant shall construct and maintain all encroachment structures in accordance with the plans and specifications submitted to the City with this Application, and shall maintain and keep all encroachments in clean and safe condition for the term of the permit.

Encroachment structures shall be removed by the expiration of the permit term or within 30 days of written notice of revocation of the permit by the City to applicant. If applicant fails to timely remove the encroachment or fails to comply with the terms of the encroachment permit the City may remove or cause the removal of the encroachment and applicant shall be liable for all costs Incurred by the City for such action. (Code Sec. 4-9.110) Additional Permit Conditions: _____________ ________ _
Reviewed by: DPW: ___ _____ Fire: ______ _ Planning: _____ _ Date Permit Granted:_ _ _ _____ Permit ExpiraHon Date: _ _ ______ _ _ By: ilc1ty Manager (Code Sec. 4-9.103 Minor Encroachments); ilcity Council, Agenda Date: _ _ _
City Manager Signature

AV ALON PLANNING COMMISSION
STAFF REPORT - PC# 2883
Wednesday, July 16, 2025
Item No. - Public Hearing
Application File: VAR, SPR
Submitted by: Kelly Ribuffo, Contract Planner
A Public Hearing considering a Variance and Site Plan to allow construction of a second-floor balcony within the front setback area for an existing two-family residence in the designated area of the Multiple Residential, High Density (HD) zone. The Proposed Project is categorically exempt from the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Existing Facilities). The Proposed Project is located within the Coastal Zone and is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-

8.102.b. I.

Applicant/Owner:

Files:

Tony Rubio

VAR, SPR
Location of Project: 358 Claressa Avenue
APN: 7480-037-040
PC#: 2883
General Plan: High Density Residential
Zone: Multiple Family, High Density (HD)

BACKGROUND
Project Vicinity
General Plan Zonin~ Current Use
On-Site High Density Multiple Residential, Two-family residence Residential (HD) High Density (HD) -
Designated Area
North High Density Multiple Residential, Residential
Residential (HD) High Density (HD)-
Designated Area
South Resort Recreation Resort Recreation Residential (Las Casitas) (R/R) (R/R)
East High Density Multiple Residential, Residential
Residential (HD) High Density (HD) -
Designated Area
West High Density Multiple Residential, Residential
Residential (HD) High Density (HD) -
Designated Area
2 Existing Site:

The project site is located on a regularly shaped parcel addressed 358 Claressa Avenue. The parcel is situated south of Beacon Street at the northeast corner of Tremont Street and Claressa Avenue.

The lot is relatively flat with minimal slope.

The project site is currently developed with a two-story, two-family residence constructed circa 1978. The lower unit is addressed 358 Claressa Avenue and the upper unit is addressed 360 Claressa Avenue. The style of the building is a vernacular frame , similar to many other residential buildings in "the Flats" built during the mid-20th century. The footprint of the building covers most of the lot, with a small planter at the front property line and a covered carport/balcony alongTremont Street.

Existing Area Context:

All abutting properties are one- and two-story residential buildings, including 356 Claressa A venue to the north, 357 Clemente Avenue to the east, and 357 Claressa A venue to the west. The site is located across Tremont Street from Las Casitas to the south.

The alley on the 300-block between Claressa A venue and Clemente A venue is blocked with a number of encroachments, including fences, walls, trees, stairways, and buildings. None of these encroachments are permitted, and the alley continues to be public property established during the original mapping of the city.

Entitlement and Permit History:

The property has an active building permit for interior and exterior remodel of the building, inclusive of both residential units (Permit #25022). Recent photographs of the property under construction are provided as Attachment 2 of this report.

In 1999, the property was granted a Conditional Use Permit for transient rental of one unit (PC# 1745). The property is currently under renovation but maintains an active transient rental business license with the Finance Department.

PROJECT DESCRIPTION
The applicant proposes to construct a new balcony for the upstairs unit in the building that will encroach into the front setback area and further into the public right-of-way by 22 inches, to the back of sidewalk. The existing patio area below the balcony is proposed to extend into the setback and right-of-way to match the balcony above . The total balcony area will be approximately 5 feet by 15 feet in size (60 square feet).
3 To construct the proposed project, the applicant requests a variance from AMC Section 9-5.406 to allow a zero-foot front setback for the balcony. The patio does not require a variance per AMC Section 9-7.404.b.3. A subsequent encroachment permit request will be presented to the City Council for consideration of the additional extension of the balcony and patio into the public rightof-way.

Additional information regarding the project justification and architectural plans are included as Attachments 3 and 4 of this report.

Development Standards:

The proposed project must comply with development standards set forth in Avalon Municipal Code (AMC) Section 9-5.406 for the designated area within the HD zoning district as follows:

Table 1: Development Standards - Designated HD Zone
Required Existinz* Proposed
Lot Area 2,200 sq . ft 2,370 sq. ft No Change
Lot Width 25 ft 45.95 - 48.78 ft No Change
Lot Coveraze 90% gross lot area Unknown No Change
Density (units/acre) 40 units/acre 2 units No Change
(37 units/acre)
Floor Area* 130% for two stories 111 % (2,640 sq. ft) No Change Front Setback 3 ft/ 12 in. on opposite 3 ft 0 ft
sides (front to rear)
Rear Setback 3 ft/12 in. on opposite 0 ft No Change
sides (front to rear)
Side Setback 3 ft/12 in. on opposite - 3 ft 10 in No Change (north) sides (side to side)
Side Setback 3 ft/12 in. on opposite - 3ft6in No Change (south) sides (side to side)
Height 28 ft and two stories - 24 ft to No Change
top of parapet
Parking (Autoette) I autoette per unit 2 autoette spaces No Change Trash Storage Provide off-street m Provided Provided
enclosed area
* Existing developments are presumed to be legally nonconforming for the purpose of this analysis. * * Per AMC Sec. 9-3 .606, the area of uncovered balconies and decks do not count towards calculation of floor area.

AUTHORIZING GUIDELINES
Avalon Municipal Code (AMC) Sections 9-8.401 and 9-8.203.a authorize the Planning Commission to review and take action on the subject applications for a Variance and Site Plan. 4 DISCUSSION AND ANALYSIS
Issue 1: Variance for Front Setback
Per AMC Chapter 9-8.405, variances from development standards may be permitted by the Planning Commission where the special circumstances may deprive a property of privileges enjoyed by other property in the vicinity and under identical zoning classification, the property is not granted special privileges beyond those available to similar properties, does not permit a use that is otherwise not allowed, and complies with the Avalon Local Coastal Program.

In the designated area of the HD zone, properties that abut an alley are permitted reduced setbacks as follows:
"Properties Which Abut an Alley. Except a provided herein, where the property abuts an alley, there shall be not less than a three-foot setback on one side and a minimum twelveinch setback on the opposite side. A zero.foot sideyard setback may only be allowed on the property line if the adjoininJ? property (a) has been developed to the adjoininJ? property line and the owner thereof agrees in a recorded document that upon demolition of the existinJ? property it shall be reconstructed with the same zero-foot setback or (2) is undeveloped and the owner thereof accepts in a recorded document the proposed zero-foot setback and further agrees to develop his property to the property line on that side. " "Opposite sides" is interpreted by staff to mean those properties lines that are opposite of each other - for a rectangular-shaped lot, this means front and rear setbacks are opposites as well as opposite/parallel side setbacks. Therefore, the required front and rear setbacks must be a minimum of 3 ft on one side and 12 inches ( I ft) on the other. The code is clear that O ft sideyard setbacks are only authorized in the presence of one of two different conditions, neither of which has been reported to staff as having occurred. As above, the applicant is requesting a variance to the setback standards applicable to the front and rear.

The applicant is requesting a variance to allow a 0-foot front setback where a 3-foot setback is required in the municipal code.

The historic development pattern of "the Flats" is dense, with small, narrow lots which have varying and sometimes zero setbacks between properties. Such development is seen along the east side of Claressa Avenue, where the subject property is located in the "designated area" of the HD zone.

The Planning Commission has previously determined for recent projects within the Flats (PC#2877 - 304 Sumner Avenue and PC#2878 - 306 Claressa Avenue) that strict application of the setbacks as written in AMC Section 9-5.406 would deprive the subject property of the same privileges enjoyed by other properties along Claressa Avenue, which are predominantly developed with 0-foot setbacks. Furthermore, lack of access to the alley between Claressa Avenue and Clemente A venue due to unpermitted private development constitutes a spec ial circumstance that 5 restricts access to and the development potential of the property. Approving the setback variance would allow the property owner to develop the lot to same size as other properties on the street and also be consistent with the established development pattern of the neighborhood.

Therefore, the proposed variances may be granted in conformance with the findings of the municipal code, as the strict application of the Zoning Ordinance would deprive the subject property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

Issue 2: Encroachment into Claressa Street Right-of-Way As part of the project, the applicant proposed extending the balcony and associated patio below beyond the property line to encroach 22 inches into the public right-of-way, for a total length of 5 feet from building to edge of balcony.

Per AMC Section 4-9.105.a, the City Council has authority to grant permanent encroachments above or below the surface of the right-of-way.

The Planning Commission only has authority to grant a reduction to setbacks on private property.

Therefore, Condition #3 of the draft resolution clarifies that should the Planning Commission approve the proposed project, construction of the scope of work is subject to subsequent approval on an encroachment permit by the City Council. Should the City Council not grant the required encroachment permit, then the applicant will only be permitted to build up to the property line and revised plans must be submitted to the Planning and Building Department to update the project records.

GENERAL PLAN, LAND USE, AND ZONING COMPLIANCE
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 the permitting of an uncovered balcony and patio. Water demand for residential buildings is calculated based on the number of bedrooms in the unit. The existing residence has two units, with a total of six bedrooms (three bedrooms per unit) and four bathrooms (two bathrooms per unit). The scope of the project does not include changes to the floor plan of either dwelling unit. Since the floor plan of the unit is not impacted, the project is not subject to evaluation of an allocation for water service. Therefore, staff recommends that the Planning Commission make the finding that the proposed project is in compliance with the 2025 Annual Growth Policy.

Affordable Housing Ordinance:

This ordinance is not applicable to the proposed project since the proposal does not include the development of five or more residential units.
6 Variance:

The proposed project must be granted a Variance for height per AMC Section 9-6.204.d. I. AMC Section 9-8.405 sets forth the required findings for approval of a Variance as follows:

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. Individually owned lots in Avalon comprise less than 1 % of the total city acreage. Therefore, it is important to maximize the use of land within the city within the development parameters of each zoning district, so long as it is consistent with overall community character.

The historic development pattern of "the Flats" is dense, with small, narrow lots which have varying and sometimes zero setbacks between properties. Such development is seen along the east side of Claressa A venue, where the subject property is located in the "designated area" of the HD zone.

The Applicant has requested a variance for a front setback of O feet, where a 3-foot setback is required pursuant to AMC Section 9-5.406.

The Planning Commission has previously determined for recent projects within the Flats (PC#2877 - 304 Sumner Avenue and PC#2878 - 306 Claressa Avenue) that strict application of the setbacks as written in AMC Section 9-5.406 would deprive the subject property of the same privileges enjoyed by other properties along Claressa Avenue, which are predominantly developed with 0-foot setbacks. Furthermore, lack of access to the alley between Claressa Avenue and Clemente Avenue due to unperrnitted private development constitutes a special circumstance that restricts access to and the development potential of the property. Approving the setback variance would allow the property owner to develop the lot to same size as other properties on the street and also be consistent with the established development pattern of the neighborhood.

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.
7 It is the opinion of the Planning Commission that strict application of the setbacks as written in AMC Section 9-5.406 would deprive the subject property of the same privileges enjoyed by other properties along Claressa Avenue, which are predominantly developed with 0-foot setbacks.

Standard conditions of approval are included in this resolution to ensure the project complies with all building and safety regulations for construction of the proposed project.

Approval of this variance applies only to private property. Per Condition #3 of Resolution No. PC 25-48, a separate request for encroachment of the balcony and patio into the public right-of-way along Claressa Avenue must be submitted to the City Council for consideration in order to build beyond the property line .

Therefore, granting of the requested variances does not constitute granting of special privileges as the variance allows development of the property within the parameters intended for the "designated area" of the HD 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.

Multi-family dwelling units are permitted by right within the HD 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 1,400 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.

5. The variance shall be consistent with the Local Coastal Program.

The proposed project implements the following General Plan 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 open space. " The project proposes to construct a new balcony and expand an existing patio for an existing residential building. Individually owned lots in Avalon comprise less than I% of the total city acreage. Therefore, it is important to maximize the use of land within the city within the development parameters of each zon ing district, so long as it is consistent with 8 overall community character. The project is designed to max1m1ze the density of development on the property in the urbanized center of Avalon consistent with the historic development pattern of the neighborhood. Infill construction on the existing lot does not contribute to outward expansion into the surrounding natural areas or open spaces at the perimeter of the city.

Site Plan Review:

The proposed project requires approval of a Site Plan per AMC Section 9-8.20 I. AMC Section 9-

8.203 sets forth the required findings for approval of a Site Plan Review as follows:

I. 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 variance for the rear setback, the proposed project complies with all development standards as set forth in AMC for development on the project site in the Multiple Residential, High Density (HD) zone as discussed in Variance Findings #I thought 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 along Claressa Avenue. This area is located in the " Flats" , which has a predominantly flat topography. Existing residential development varies between one- and two-stories in height. With the addition of the expanded balcony, the building still fits in with the overall mass and scale of surrounding development.

The project site is located on the east side of Claressa A venue between Beacon Street and Tremont Street. This is a heavily traveled area and both streets are identified as Major Circulation Facilities in the General Plan Circulation Element. There have been no reported traffic issues associated with the residence, and it is anticipated that existing infrastructure will ensure that traffic associated with the residence will not interfere with circulation along Claressa A venue.

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.

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 9 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 A val on, on an urbanized parcel surrounded by other 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.

Coastal Development Permit:

The City of Avalon is located entirely within the Coastal Zone. The proposed project is located within the Coastal Zone and is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b. I. Improvements to existing single-family residences or a vacant lot are excluded from CDP review, except those classes of development which involve a risk of adverse environmental effect, defined as:
• Improvements to single-family structure within 50 feet of the edge of a coastal bluff; • The expansion or construction of water wells or septic systems:
• On property located between the sea and the first public road paralleling the sea or within 30 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greatest distance, improvement that would result in :
o An increase in more than 10% of internal floor area of an existing structure; or o An additional improvement of I 0% or less where an improvement to the structure has previously been undertaken pursuant to § 9-8.102A, above; o The construction of an additional story (including lofts) in an existing structure; o Any significant non-attached structure such as garages, fences, shoreline protective works, docks, or trees. For the purpose of this division, where there is an existing single-family residential building, the following shall be considered part of that structure:
• All fixtures and other structures directly attached to a residence ; • Structures on the property normally associated with single-family residence such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and • Landscaping on the lot.

The proposed project meets none of the above criteria, therefore it is excluded from the Coastal Development Permit review process.

ENVIRONMENTAL DETERMINATION
California Environmental Quality Act:

The proposed Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 1530 I (Class 1 - Existing Facilities) because it has no potential to have a significant effect on the environment. 10 The Class I exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public and private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project involves construction of a new balcony for an existing residential building in an urbanized area of the city. As such, the Project is not expected to have a detrimental impact on the environment of the project site or surrounding area .

Furthermore, none of the exceptions to the use of categorical exemptions stated in State CEQA Guidelines section 15300.2 apply: The Project is not located in a particularly sensitive environment because it is proposed in an area already developed for residential uses. No cumulative impact would occur from this Project's approval because only a single application has been submitted and no future development is proposed at this time. There will be no significant effect on the environment because the Project is only for alterations to an existing residence that would have only minor impacts. No damage to scenic resources will occur because this Project will modify an existing structure and is consistent with adopted development standards. The Project is not located on a hazardous waste site, and the Project does not involve a historical resource.

PUBLIC NOTICE
On July 3, 2025 , the City sent a Public Hearing Notice to owners/tenants within a 300-foot radius of the project site. The Hearing Notice was published in Catalina Islander on July 4, 2025 .

STAFF RECOMMENDATIONS
Staff recommends the Planning Commission adopt the attached Resolution, which will:

I. Adopt the findings for approval of a Variance.

2. Adopt the findings for approval of a Site Plan.

3. Find the project consistent with the 2025 Annual Growth Policy.

4. Find the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 1530 I (Existing Facilities)

ATTACHMENTS
I. Draft Resolution No. PC 25-48

2. Site Photographs dated April 2, 2025, and July 2, 2025

3. Project Application

4. Architectural Plans
11 RESOLUTION NO. PC 25-48

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

AVALON, CALIFORNIA, APPROVING AV ARIANCE AND SITE PLAN

FOR CONSTRUCTION OF A BALCONY WITHIN THE FRONT

SETBACK AREA OF AN EXISTING TWO-FAMILY RESIDENCE IN THE

DESIGNATED AREA OF THE MULTIPLE RESIDENTIAL, HIGH
DENSITY ZONE, LOCATED AT 358 CLARESSA A VENUE
WHEREAS, Tony Rubio ("Applicant") filed an application ("Application") for a Variance and Site Plan (PC#2882) to approve the construction of a balcony with a zero foot setback within the front setback area of a developed residential property ("Project") located at 358 Claressa Avenue, APN 7480-037-040 ("Site"); and
WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Sections 9-8.40 I and 9-8.203.a to review and take action on the subject applications for a Variance and a Site Plan; and
WHEREAS, the Site is categorized High Density Residential by the General Plan Land Use Element and is located within the designated area of the Multiple Family, High Density (HD) zoning district as defined by AMC Section 9-5.406; and
WHEREAS, the Site is located within the Coastal Zone and is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b. l ; and WHEREAS, the Project was found to be categorically exempt from CEQA per State CEQA Guidelines 15301 (Class I - Existing Facilities). No public review is required; and WHEREAS, the Planning Commission conducted one duly advertised public hearing on July 16, 2025, at which time interested persons had an opportunity to testify either in support of or opposition to granting a Variance and Site Plan upon property described in attached Exhibit "A"; and
WHEREAS, all other legal prerequisites for the consideration of the Variance and Site Plan have occurred.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Avalon does hereby approve a Variance and Site Plan approve the construction of a balcony with a zero foot setback within the front setback area of a developed residential property located at 358 Claressa Avenue, based on the following findings:

SECTION 1 - ENVIRONMENT AL REVIEW
The proposed Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 1530 I (Class I - Existing Facilities) because it has no potential to have a significant effect on the environment.

The Class I exemption consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public and private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project involves construction of a new balcony for an existing residential building in an urbanized area of the city. As such, the Project is not expected to have a detrimental impact on the environment of the project site or surrounding area.

SECTION 2 - FINDINGS
Annual Growth Policy:

Affordable Housing Ordinance:

This ordinance is not applicable to the proposed Project since the proposal does not include the development of five or more residential units.

Variance:

The proposed project must be granted a Variance for height per AMC Section 9-6.204.d.1. AMC Section 9-8.405 sets forth the required findings for approval of a Variance as follows:

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.
2 The urban fabric of A val on is relatively compact, with approximately 80-90 acres of existing development already located within the valley floor and the immediately surrounding hillsides. Individually owned lots in Avalon comprise less than I% of the total city acreage. Therefore, it is important to maximize the use of land within the city within the development parameters of each zoning district, so long as it is consistent with overall community character.

The historic development pattern of "the Flats" is dense, with small, narrow lots which have varying and sometimes zero setbacks between properties. Such development is seen along the east side of Claressa A venue , where the subject property is located in the "designated area" of the HD zone.

The Applicant has requested a variance for a front setback of O feet, where a 3-foot setback is required pursuant to AMC Section 9-5.406.

The Planning Commission has previously determined for recent projects within the Flats (PC#2877 - 304 Sumner Avenue and PC#2878 - 306 Claressa Avenue) that strict application of the setbacks as written in AMC Section 9-5.406 would deprive the subject property of the same privileges enjoyed by other properties along Claressa Avenue, which are predominantly developed with 0-foot setbacks. Furthermore, lack of access to the alley between Claressa A venue and Clemente A venue due to unpermitted private development constitutes a special circumstance that restricts access to and the development potential of the property. Approving the setback variance would allow the property owner to develop the lot to same size as other properties on the street and also be consistent with the established development pattern of the neighborhood.

2. Any variance granted shall be sub_ject 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.

It is the opinion of the Planning Commission that strict application of the setbacks as written in AMC Section 9-5.406 would deprive the subject property of the same privileges enjoyed by other properties along Claressa Avenue, which are predominantly developed with 0-foot setbacks.

Standard conditions of approval are included in this resolution to ensure the project complies with all building and safety regulations for construction of the proposed project.

Approval of this variance applies only to private property. Per Condition #3 of Resolution No. PC 25-48, a separate request for encroachment of the balcony and patio into the public 3 right-of-way along Claressa Avenue must be submitted to the City Council for consideration in order to build beyond the property line.

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.

Multi-family dwelling units are permitted by right within the HD 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 proposed project implements the following General Plan Policies:

Policy 11-9 of the Land Use Element:
"Encourage if!fill 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 proposes to construct a new balcony and expand an existing patio for an existing residential building. Individually owned lots in Avalon comprise less than 1 % of the total city acreage. Therefore, it is important to maximize the use of land within the city within the development parameters of each zoning district, so long as it is consistent with overall community character. The project is designed to maximize the density of development on the property in the urbanized center of A val on consistent with the historic development pattern of the neighborhood. Infill construction on the existing lot does not contribute to outward expansion into the surrounding natural areas or open spaces at the perimeter of the city.

Site Plan Review:

The proposed project requires approval of a Site Plan per AMC Section 9-8.20 I. AMC Section 9-

8.203 sets forth the required findings for approval of a Site Plan Review as follows:
4 I. 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-

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 along Claressa Avenue. This area is located in the " Flats", which has a predominantly flat topography. Existing residential development varies between one- and two-stories in height. With the addition of the expanded balcony, the building still fits in with the overall mass and scale of surrounding development.

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.

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 surrounded by other 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.
5 Coastal Development Permit:

The City of Avalon is located entirely within the Coastal Zone. The proposed project is located within the Coastal Zone and is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b.1. Improvements to existing single-family residences or a vacant lot are exc luded from CDP review, except those classes of development which involve a risk of adverse environmental effect, defined as:
• Improvements to single-family structure within 50 feet of the edge of a coastal bluff; • The expansion or construction of water wells or septic systems:
• On property located between the sea and the first public road paralleling the sea or within 30 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greatest distance, improvement that would result in :
o An increase in more than 10% of internal floor area of an existing structure; or o An additional improvement of 10% or less where an improvement to the structure has previously been undertaken pursuant to § 9-8.102A, above; o The construction of an additional story (includi.ng lofts) in an existing structure; o Any significant non-attached structure such as garages, fences, shoreline protective works, docks, or trees. For the purpose of this division, where there is an existing single-family residential building, the following shall be considered part of that structure:
■ All fixtures and other structures directly attached to a residence; ■ Structures on the property normally associated with single-family residence such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and ■ Landscaping on the lot.

The proposed project meets none of the above criteria, therefore it is excluded from the Coastal Development Permit review process.

SECTION 3 - ADMINISTRATION AND CONDITIONS OF APPROVAL

1. Based on the entire record before the Planning Commission and all written and oral evidence presented to the Planning Commission, the Planning Commission hereby finds the property Site is excluded from Coastal Development Permit requirements per Avalon Municipal Code (AMC) Section 9-8.102.b.1.

2. Based on the entire record before the Planning Commission, all written and oral evidence presented to the Planning Commission, and the findings set forth in Resolution PC 25-48, the Planning Commission approves the Variance and Site Plan, subject to the conditions of approval set forth in Exhibit "B" of this resolution .

3. The Chair of the Planning Commission shall sign this Resolution PC 25-48 and the Secretary of the Planning Commission shall certify the adoption thereof. 6 BE IT FURTHER RESOLVED that a copy of this Resolution PC 25-48 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 Variance and Site Plan.

PASSED, APPROVED, AND ADOPTED this 16th day of July, 2025, by the following vote:

A YES: Planning Commission Members:

NOES: Planning Commission Members:

ABSENT: Planning Commission Members:

ABSTAIN: Planning Commission Members:

Chair Kathlene Smith
ATTEST:

David Maistros, City Manager

CERTIFICATE
l, Donna Terpinitz-Romo, hereby certify that the foregoing Resolution PC 25-48 was adopted by the Planning Commission of the City of Avalon at the regular meeting held on the 16th day of July, 2025, by the following vote, to wit:

A YES: Planning Commission Members:

NOES: Planning Commission Members:

ABSENT: Planning Commission Members:

ABSTAIN: Planning Commission Members:

Donna Terpinitz-Romo, Senior Administrative Assistant
7 EXHIBIT "A"

LEGAL DESCRIPTION
·Street Address: 358 Claressa Avenue, APN 7480-037-040

UPDATE PRIOR TO SIGNATURE
8 EXHIBIT "B"

CONDITIONS OF APPROVAL
Street Address: 358 Claressa Avenue, APN 7480-037-040
I. The project shall conform in substance and be maintained in general conformance with plans and exhibits labeled Applicant Project Plans in the staff report dated July 16, 2025, including any modifications required by conditions of approval, and as approved by the Planning Commission.

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. Approval of Planning Commission Application No. 2882 applies to private property only.

A separate request for encroachment of the balcony and patio into the public right-of-way along Claressa A venue must be submitted to the City Council for consideration in order to build beyond the property line. Should an encroachment permit not be approved, then the applicant is only authorized to build to the zero setback line along Claressa Avenue, and revised plans must be submitted to the Planning and Building Department to update the project records.

4. Planning Commission Application No. 2882 approved construction of a balcony with a zero-foot setback within the front setback area of an existing developed residential parcel.

No changes to the floor plan of either residential unit that would require evaluation of water service allocation by Southern California Edison (SCE) are not permitted as part of this approval.

5. 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.

6. Pursuant to AMC Section 9-8.208, this approval for a Site Plan and Variance 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.
9 Upon written request submitted not less than 30 days prior to termination of the approval, the Planning Commission may grant one six-month extension of such right or privilege but only upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance. The City Council may grant one additional extension of not more than six months upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance.

Notice of hearing on any requested extension shall be given to any person who requests notice at or after the hearing on the original grant of the approval.

7. The applicant agrees to indemnify, hold harmless, and defend the City, its officers, agents, and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permits, save and except that caused by the City's active negligence. The City shall promptly notify the applicant of any such claim, action, or proceedings and shall cooperate fully in the defense.

8. 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.
10 PC2883 - 358 Claressa Avenue
Site Photographs
Taken April 2, 2025, and July 2, 2025
Kelly Ribuffo
358 Claressa Avenue, Front Elevation, facing East (4/2/2025) 358 Claressa Avenue, Side Elevation, facing North (4/2/2025) 358 Claressa Avenue, Front Elevation, facing Northeast (4/2/2025) 358 Claressa Avenue, Front Elevation, facing East (7/2/2025) 358 Claressa Avenue, Front Elevation, facing Northeast (7/2/2025) 358 Claressa Avenue, Front Elevation, facing Southeast (7/2/2025) 358 Claressa Avenue, Side Elevation, facing North (7/2/2025) FILE PC# C) APN# 7460-___ _ CITY OF AV ALON

PLANNING COMMISSION
APPLICATION 1 _ .. •~ b11.1 ld ~II . ·-··"' 4 'Bel,~ TL' / n fD l?lJ'A-' For: pkJ i) vt µ 0 CONDITIONAL USE PERMIT" For.

VARIANCE*
0 LOCAL COASTAL PERMIT* For:
----------------
SITE PLAN: For.

D OTHER For:
'Requires PUbio Nolificelion by meU and newspaper 10 days prior lo meeting APPLICANT:

MAILING ADDRESS: -~ .{J 0 ° X \ ?._ \ ].___
CITY/STATE/ZJP: ~V"'\
TELEPHONE: =\ c, ~'bi qp)t Email: \0 "'{'<~o?QQ jD'B' \ • (_ 0~ OWNER: ~S,Ojl~ ~'Q
MAILING ADDRESS: p SJ • \ 1S\.._
CITY/STATE/ZIP: (y;.'9\A- '-.. I'\ ~')~I...\
TELf=PHONE; ::i-, \ '\\ b s--b \ EmaU:

NoUllcallons "111 be sen1 to owner's emall unless requested olherwi•• LOCATION OF PROPERTY: U$i.~\.~<;f\ ZONE: ____ _
IS PROPERTY IN 100 YR FEMA FLOOD ZONE?: ZONE DESIGNATION:

BASE FLOOD ELEVATION: ___ DETERMINED BY:

This eppllC01Uon may require a Public Hearing before the Planning commission. A Publlo Heemg Nolloe must be meled to all property OWOOIS wlthkl a throe hundred (300) foot radius of the project locatlon. A Notlcs Fee Is Included In the ap.ellcatlon 1¥ and lhe_flllf,ol Avalon shel make such required notifications.

SlgnalureofOM!er. l1',..,1~ Date: os(\ /7..-SSignature ol Applloant Dale: Cf:> J 1 '.3 / '2...

CITY OF AVALON

APPLICATION FOR ENCROACHMENT PERMIT
Applicant Name: bJLL . Telephone No.:3/__0 o'ZJ - c) t./o.a :?cJ'Jb · Mailing Address: _ _ I'd-fa::

Location of Encroachment: .35 $'.;
Nature of Encroachment: ,t p;uJd $t 27/1 fflbJ t 11Jrftll@./- ,, 4' l'
--------------
(Attach copy of plans and specifications of proposed encroachment with this Application) Proposed Permit Term: Effective Date: ______ Expiration Date:-·-· _____ _ Permit term may not exceed five (5) years. (Avalon Municipal Code ('Code') Sec. 4-9.109) (Applicant may annually apply for subsequent one (1) year permit term extensions unless permit is terminated by City or applicant) One year extension requested: yes __ no __ Applicant agrees to indemnify, defend (\\ith counsel acceptable lo City) and hold harmless the City, its officers and its employees from all liablfity arid damages and from a!IJ:o11s of suit, including attorneys' fees, arising from the encroachment or the permit. .

Dated:____ Applicant: w 1 l\ , , v - Slg~atnre
Terms and Conditions of PeJ_rnlt:

This permit is revocable upon thirty (30) days written notice from the City lo applicant at the above address.

This City Council has determined that the issuance of this permit is necessary or desirable, ii does not create a substantial adverse impact on persons or property and it does not adversely affect the public health, welfare and safety.

Permit fee amount$ _____ _
This permit only entitles applicant to construct the encroachment structure described In this Application on Cityowned property. It does not give applicant exclusive use of City-owned property or the right to exclude others from City-owned property.

As a condition of issuance of this.permit, applicant shall execute a rerordable covenant running with the land, in a form approved by the City Attorney, which: (a) surrenders possession of the encroachment structure, releasing the City from all claims in the event that the City determines to widen or Improve the street, alley, parkway, or other public place where the encroachment is localed; and (b) indemnifies, defends and holds the City harmless from all liability and damages and from costs of suit, including attorney fees, arising from the encroachment or the permit. (Code Sec. 4-9.107).

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

Unless waived by the City Manager, applicant shall provide the City with a copy of liability insurance (combined single limit for bodUy injury and/or property damage) In the amount of$ ______ __ listing the City as additional insured, and shall maintain said insurance for the term of the permit.

G[N[RAL NOTES

1. DESIGN LOADS

INTERIOR WALLS
F'LOOR

BALCONY

SOIL ALLOWABLE

LIVE LOADS
0 PSF
40 Psr
so Psr

BEARING PRESSURE,

DEAD LOADS
12 PSf
13 Psr
13 PSf
1,000 PSf

2. THESE PLANS SHOW THE ADDITION or 2ND LEVEL BALCONY ANO rlRST LEVEL PATIO AT THE FRONT or THE PROPERTY ON THE CLARISSA STREET PROPERTY UN[.

3. A VARIANCE IS REQUESTEO f'ROM CITY PLANNING COMMISON TO AUOW CONSTRUCTION TO EXTEND PAST THE PROPERTY LINE TO WITHIN 6" or THE StOEWALK. ol . IN THE CASE THIS VARIANCE IS ALLOWED, A ENCROACHMENT PERMIT IS REQUESTED FROM CITY COUNCIL.

5. IN THE CASE CITY COUNCIL DOES NOT ALLOW AN ENCROACHMENT PERMIT, THE CONSTRUCTION WILL BE WITHIN THE PROPERTY LINES ANO NOT EXTEND PAST IT.

6. OWNERS REASON f'OR THtS ALLOWANCE:
" Want to hav• a r•frashlng outdoor spoce to connect with nature and to promote health and well being wonting to Increase noturol light to reduce the use of ortlflclol tight."
= 1. All WOOD CONSTRUCTION IS PER UNIF'ORM BUILDING CODE CHAPTER

23. 2. LUMBER SHALL BE DOUGLAS rtR LARCH NO 2 DR BETTER UNLESS OTHERWISE SPECIF'IED.

3. Pl YWOOO SHALL BE AS SPECfflEO ON THE PLANS.

4. SILL PLATES OVER CONCRETE SHALL BE BOLTED AT A MIXIMUM SPACING or • FEET WITH AT LEAST 2 ANCHOR BOLTS PER SILL SPACE. USE 5/8" DIA ANCHOR BOLTS WITH 7" MINIMUM EMBEDMENT AND 2 1/2 X 2 1/2 X 1 / 4" THICK WASHERS.

5. DESIGNATIONS FOR HARDWARE RUER TO PRODUCTS MANUF'ACTUR[D BY SIMPSON. PRIOR TO PROCURElr.lENT, SUPPLIER & CONTRACTOR SHALL VERIFY THAT THE HARDWARE SPECIFIED HAS THE PROPER DIMENSIONS TO rtT THE STRUCTURE IT 15 INTENDED TO GD WITH.

6. NAILING SCHEDULE f'OR DIAPHRAGMS IS GIVEN ON THE PLANS. NAIL CONNECTIONS NOT SHOWN SHALL BE f'ASTENEO ANO INSTALLED ACCORDING TO THE CODE, TABLE 2.3-11-b-1 , AS f'OLLOWS:

JOIST OT SILL OR GIRDER, TOENAIL 3-8d
BRIDGING TO JOIST, TOENAIL EACH ENO 2-8d
SOLE PLATE TO JOISTS OR BLOCKING, f'ACE NA1l 2- I 6d O 16" O.C.

STUD TO SOU PLATE, TOENAIL END ol-8d OR ENDNAIL 2-16d
DOUBLE STUDS, FACE NAIL 16d O 16" O.C. EACH EDGE
CEILING JOISTS, LAPS OVER PARTITIONS, f'AC[ NAIL 3-16d
CEILING JOISTS TO PARAU£l RArTERS, f'ACE NAIL 3-16d
RArTER TO PU.TE, TOENAIL 3-80
1 X BRACE TO END STUD ANO PLATE, f'ACE NAIL 2-8d
BUILT-UP CORNER STUDS, 16d O 24" O.C.
= 1. CONCRETE SHAU BE MAD[ WITH TYPE V C[WENT ANO HAVE ULTttr.4ATE COMPRESSIVE STRENGTH or 3,D00 PSI. DEPUTY INSPECTION IS NOT REQUIRED.

2. ALL STEEL REINFORCEMENT SHALL BE SECURELY TIED AND HELD IN PLANCE. ADDITIONAL STIRUPS ANO BARS SHALL BE ADDEO AS NECESSARY TO PROPERLY SUPPORT THE STEEL.

3. REINF'ORCING STEEL SHALL NOT BE WELDED UNLESS SPECIF'lCALY INDICATED ON THE PLANS. ANY REINFORCED STEEL THAT IS WELDED SHALL BE THE PROPER GRADE TO ALLOW WELDING.

4. MINIMUM COVERAGE Of' STEEL SHAU BE:

CONCRETE AGAINST EARTH 3" CONCRETE AGAINST AIR 2"

5. TH[ DESIGN OF CONCRETE IS BASED ON A.Cl J 18-95.

6. STEEL IMBEDS AND ANCHOR BOLTS HALL BE PLACED ACCORDING TO

THE ARCHITECTS OR STRUCTURAL DRAWINGS WHEN ARCHITECT DRAWINGS ARE NOT USED.

7. TH[ STEEL f'ABRICATOR SHALL PREPARE INSTALLATION owes f'OR THESE ITEWS WH[N CONNECTIONS TO STEEL STRUCTURE IS REQUIRED.

STRUCTURAL STEEL

1. A. ANY WELDING SHALL BE DON[ BY CERTIF'IEO WELDERS THAT ARE QUAUF'IEO TO PERF'ORM THE SPECIF'IED WELDING. SHOP WCLDING SHALL BE PERfORWEO IN A CITY APPROVED WELDING SHOP.

8. ANY f'IELO WELDING SHALL BE PERF'ORMEO SY CERTIF'IED WELDER AND OBSERVED BY A DEPUTY INSPECTOR OR CITY APPROVED INSPECTOR.

C. f'IELD WELDING PROCESS SHALL BE SMAW OR f'CAW.

D. THE WEUDNG CONTRACTOR SHALL SUBMIT WELDING PROCEDURE SPECIFCATION (WPS) TO THE ENGINEER FDR REVIEW AND APPROVAL.

2. STEEL EXPOSED TO WEATHER SHALL BE PROTECTED UTILISING EXTERIOR METAL PRIMER ANO ENAMEL COATING UNLESS OTHERWISE DESCRIBED.

3. MATERIAL SHAU CONF'ORM TO THE

ROLLED SECTION AND PLATES
OR ASTM A50, rY = 50 KSt STRUCTURAL BOLTS

ANCHOR BOLTS
STRUCTURAL PIP[

WELDING ROOS

STRUCTURAL TUBING
f'OLLOWING STANDARDS:

ASTM A 36, fY = 36 KSt
ASTM A307 OR A325
ASTM AJ07 OR ASTM A36
ASTM A.53, GRADE B
E70 SERIES LOW HYDROGEN
ASTM A-53

4. All WASHERS INSTALLED OVER WOOD SHALL BE SQUARE 2 X 2 )( 3/16 PLATE MINIMUM.

5. STEEL FARICATOR SHALL PREPARE STEEL DETAIL DRAWINGS AND SUBMIT THEM TO THE ENGINEER FOR REVIEW.

6. HOLES SHALL BE DRILLED OR PUNCHED,
1/16" LARGER FOR A325 FASTENERS
1/8" LARGER FDR A307 FASTENERS TO 1" DIAMETER
3/16" LARGER f'OR 1" ANO LARGER ANCHOR BOLTS

VICINITY MAP
SCALE: 1" = 50' -0"
Property lnformotlon
Assessor'• 10 No: 7480-037-o,o
AcldrHs: 358 CLAR(SSA AV[ AVALON CA
90704
Properly Type: lilultl- F'omlly Ruldentlol
OWNER:

TONY RUBIO
lonyrublo30Ogmoll.com
310 488-2278
ENGINEER:

TIMOTHY W CANBY, P.E.

C29009, Expires 3/31/25
3 LAUREL TREE LANE
IRVINE, CA 92612
949 933- 1926 c•l1
tim_canbyOhOlmo U.c.om
DESIGN & ENGINEERING, 358 CLARISSA AVE RUBIO RESIDENCE
Tllil CANBY, P.E. C29009 SCALE OWG TITLE DATE SHEET
EXPIRES J/31/2027 AS SHOWN GENERAL NOTES 6[3_0/2025 S 1

EXISTING
HEADER
6'-0"

CLEAR OPENING

NEW PSL

3.5X11.875
12'-o"

CLEAR OPENING

FRONT BALCONY ELEVATION
SCALE: 1/4" = 1'-0"
·., ' .,,
J1 NEW 2X10 I
'co
'-
co
"' '-
O>

FLOOR JOIST END CUTTING FOR SLOPE
SCALE: 1/4" = 1'-0"
LEVEL 2

ROOF LEVEL
APPROX ~'-0"
CANTILdVER

EXISTING HEADER
2X10X15'-0" LG

SISTER TO

EXISTING FLOOR
JOIST

NEW PSL

3.5X11 .875
HOUSE LINE COLUMNS r BETWEEN BALCONY
/ EXISTING FLOOR
- LEVEL 1
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j
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1 Ll....l . .!.!-L I--U I I __ PROPERTY LINE ·-·-·-·-·-·_j

NEW FRONT

BALCONY
SHEET S4
.,
I
•N

SIDEWALK

FLOOR PLAN
SCALE: 1" = 10'-0"

FRONT BALCONY SIDE ELEVATION
SCALE: 1/ 4" = 1'-0" T~;s~~e~. E;,~~N~~:~~lscA•t ]nwr. f1";0C. "~'"-'-''"' ~·-- '"''~"'' "lb:i[,_,...,,_ ISfitET EXPIRES 3/ 31/2027
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ENCROACHMENT SURVEY
ASS£SSOR's PARCEL NUMBERS: 7-180- 033- 023, 7-180-033-022, 7-180-034-021, 7-180-034- 026, 7-180-035-014, 7-180-035-015, 7-180-036-021, I
I
I
I
See Sheet 11 See Sheet
2 of 11 3 of 11
I I
I I
I t I
Ii I
See Sheet
4 of 11
7-180-036-022, 7-180-037- 040 ct 7-180- 037-020
See Sheet
5 of 11
I w I
I ! I
I I <( I o I
See Sheet
6 of 11
See Sheet
7 of 11
I w I
I I I
I I
UJ
10 I
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2. DATE OF SURVEY· APRIL 2018
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ENCROACHMENT SURVEY
PARCEL 1, IN THE CITY OF AVALON, COUNTY OF LOS ANGELES, STA TE OF CALIFORNIA, AS PER PARCEL MAP NO. 6096, RECORDED IN BOOK 66, PAGE 82 IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

ASSESSOR's PARCEL NUMBERS(S): 7480-037-040
SHEET 10
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MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
September 16, 2025 AGENDA ITEM: (p
Planning and Building CITY MANAGER: Qt¾_
Kelly Ribuffo, Contract Planner
First Reading of an Ordinance Amending Chapter 9-5, Article 5 (UM - Low and Moderate Income Housing) and Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing programs 14 and 15 as set forth in the 6th Cycle General Plan Housing Element and Adoption of Exemption Findings Under the California Environmental Quality Act
RECOMMENDED ACTION(S): Introduce and waive all readings of an ordinance of the City of Avalon amending Chapter 9-5, Article 5 (UM - Low and Moderate Income Housing) and Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing programs 14 and 15 as set forth in the 6th Cycle General Plan Housing Element and adoption of exemption findings under the California Environmental Quality Act.

BACKGROUND: On September 20, 2022, the City Council adopted the 2021-2029/6th Cycle General Plan Housing Element. The Housing Element is a state-mandated section of the General Plan which identifies the housing needs, opportunities, and constraints in the City of Avalon . The Housing Plan section of the Housing Element further sets forth the City's goals, policies and programs to address Avalon's identified housing needs, including production of 27 new housing units as allocated by the Southern California Association of Governments (SCAG) Regional Housing Needs Assessment (RHNA) for the 6th review cycle.

The Housing Plan contains 26 programs adopted to implement the goals and policies of the Housing Element. Some programs require one-time code amendments, while others have ongoing review schedules that require monitoring legislative actions and regular updates to the Avalon Municipal Code (AMC). Over the next several months, the Planning and Building Department will bring forth a series of code amendments for consideration to implement all of the housing programs to ensure the City continues to be compliant with State law. The amendments proposed at this time are intended to address the requirements of Program #14 (Accessory Dwelling Units) and Program #15 (Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified).

PROGRAM #14-ACCESSORY DWELLING UNITS: Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) help meet the City's housing needs for all income levels and also provide a housing resource for seniors and low- and moderate-income households throughout the entire community. In accordance with State law, accessory units (also known as second units or granny flats) are allowed by right in all residential zones within the city. Chapter 9-5, Article 6, Accessory Dwelling Units, provides specific development standards and processing requirements for ADUs.

Program #14 requires that the City continue to amend the ordinance based on future changes to State law and work with the California Department of Housing and Community Development (HCD) to ensure continued compliance with State law. The City will also continue to monitor the extent of ADU production to ensure that the ordinance modifications are successful and that the Housing Element goals can be met.

SB 1211 and AB 2553, adopted in 2024 and effective as of January 1, 2025, are the most recent legislative acts that include multiple updates to State ADU law which clarify the development requirements for AD Us. Below is a summary of the amendments proposed to comply with current State law requirements:
• Update Government Code and Health and Safety Code legal references throughout. • Add definition for "livable space". (Section 9-5.603) • Clarify the number of detached ADUs permitted on a lot with proposed multi-family development. (Section 9-5.604.a.4)
• Clarify that JADUs are only permitted on lots zoned for single-family residences. (Section 9-5.605.a.3)
• Clarify the method of measuring the height of an ADU. (Section 9-5.605.b.5) • Remove owner-occupancy requirement for ADUs constructed after January 1, 2025. (Section 9-5.605.g.1 and 2)
• Clarify that uncovered parking spaces are included in the types of off-street parking that do not need to be replaced when an ADU is constructed (Section 9-5.606.g.3) • Add clarification of the number of allowed stories for an ADU. (Section 9-6.606.j) In addition, Staff has reviewed the objective architectural design standards for ADUs to identify opportunities to clarify requirements and reduce impediments for ADU development.

The following amendments are proposed to update the design standards for ADUs:
• Clarify the architectural requirements for window and door placement and privacy screening . (Section 9-5.606.h.5)
• Add architectural requirement that roof slope must match that of the dominant roof slope of the primary dwelling on a lot. (Section 9-5.606.h. 7) • Revise the requirements for site landscaping to require compliance with the objective standards of the underlying zone. (Section 9-5.606.i)
Complete amendment language is included in the draft ordinance (Attachment 1) and strikethrough amendment text (Attachment 2). It is the opinion of staff that the proposed amendments comply with existing State law concerning ADUs and fully implements Program #14 of the 6th Cycle Housing Element.

PROGRAM #15 - ADEQUATE SITES FOR LOWER INCOME HOUSEHOLDS ON NONVACANT AND VACANT SITES PREVIOUSLY IDENTIFIED: As part of the Housing Element development process, local governments are required to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. During the preparation of the 6th Cycle Housing Element, one site on Tremont Street (APN 7480-002-072) was identified as a housing opportunity site with potential to accommodate the number of units required to meet the city's RHNA unit allocation. A map showing the location of the subject parcel is provided as Attachment 3.

Program #15 of the Housing Element is intended to provide streamlined review of high-density housing projects on the Tremont Street property which include affordable housing units. Program #15 states:
"The City of Avalon will rezone to allow developments by right pursuant to Government Code section 65583.2(i) when 20 percent or more of the units are affordable to lower income households on sites identified in Appendix A to accommodate the lower income RHNA that was previously identified in past housing elements. Specifically, the City will rezone the 1.52-acre nonvacant site located at Tremont Street (APN 7480-002-072) previously identified in the 5th cycle housing element." The Tremont Street property is currently zoned Low and Moderate Income Housing (LIM) and is designated High Density Residential - Community Housing in the General Plan Land Use Element. Pursuant to AMC Section 9-5.502, low and moderate income housing as defined in AMC Chapter 9-11 is permitted by right in the LIM zone, and the maximum permitted density is 40 dwelling units per acre. Therefore, the property is already appropriately zoned for compliance with Program 15.

To further clarify implementation of Program #15, Staff proposed that a new AMC Section 9-

5.505 be added to Chapter 9-5, Article 5 of Title 9 (LIM - Low and Moderate Income Housing), which states that residential development on the Tremont Street property shall be considered a by-right use, and may be processed without discretionary review, when at least 20 percent or more of units are reserved for affordable to low and very low income households and the project has a density of at least 30 dwelling units per acre. Complete amendment language is included in the draft ordinance (Attachment 1) and strike-through amendment text (Attachment 2).

It is the opinion of staff that the proposed amendments LIM zone fully implement Program #15 of the Housing Element.The Tremont Street property is owned by the Santa Catalina Island Company and is already partially developed with residential units. In compliance Program #15, if the City receives an application for a housing development project during this cycle, the City will notify HCD and process the application consistent with State law.

PLANNING COMMISSION RECOMMENDATIONS: On September 3, 2025, the Planning Commission held a duly noticed public hearing at which time written and oral evidence was considered regarding the proposed amendments is included as Attachment 4 of this report. The Planning Commission adopted Planning Commission Resolution No. 25-49, which recommends adoption of the proposed ordinance by the City Council, with the following additional recommendations regarding off-street parking requirements for ADUs and JADUs:
• Access to the City of Avalon Seaside Transit (COAST) transit system shall be considered as public transit for the purpose of applying exemption criteria from providing off-street parking spaces for ADUs and JADUs.

AMC Section 9-5.606.g provides several possible exemptions from providing off-street parking for ADUs and JADUs, as provided by State law. Specifically, AMC Section 9-5.606.g.a states that no off-street parking space is required when the ADU is located within one-half mile walking distance of public transit, as defined by AMC Section 9-5.603.

The definition of "public transit" in AMC Section 9-5.603 is based on the Government Code definition for public transit as set forth in Gov Code Section 66313(m), which defines public transit as "a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares , run on fixed routes, and are available to the public". COAST does not meet the State definition of public transit, as it operates as an on-demand service and does not run on a fixed route.

The Planning Commission recommends that due to the unique nature of COAST as an ondemand transit system, that the applicable AMC section be amended to incorporate COAST as a qualifier for the ADU parking exemption criteria.

It is the opinion of staff that expanding the definition of "public transit" to include COAST ondemand transit system does not conflict with State law, as the City is expanding opportunities to eliminate off-street parking requirements. This is consistent with the intent of applicable State law for ADU parking regulations that intend to decrease barriers to the construction of ADUs.

Therefore, staff has updated the definition of "public transit" in AMC Section 9-5.603, and the amended language is reflected in the draft ordinance and strike-through amendment text. As proposed, nearly all residential properties within the city will qualify for a parking exemption as long as they have access to the public right-of-way.
• Should a property owner wish to acquire an autoette vehicle permit for the ADU/JADU, then the property would be required to provide off-street parking to be eligible for an autoette vehicle permit.

At this time, ADUs and JADUs are not eligible for autoette permits pursuant to AMC Section 4.4- 1703.g.9. However, the ADU regulations currently require that an off-street parking space be provided regardless , unless one of the parking space exemption criteria are met. To bring the parking space requirements and vehicle permit qualifications into alignment, Planning Commission recommended that if the residents of an ADU wished to have a vehicle permit, then appropriate off-street parking should be required to reduce on-street parking congestion.

Otherwise, off-street parking should not be required in order to lessen the development constraints for new ADUs.

At the March 4, 2025, regular meeting, the City Council provided direction to staff to consider revisions to the vehicle code to allow ADUs to be granted autoette permits, so long as appropriate off-street parking is provided for the vehicle. Therefore, the Planning Commission's recommendation is in line with previous direction provided by the City Council.

Staff has added the recommended off-street parking exemption language as AMC Section 9-

5.606.g.2.g in both the draft ordinance and strike-through amendment text. Ad proposed , ADUs shall be exempt from providing off-street parking unless the resident or owner maintains a valid autoette permit for the unit. However, a separate text amendment to AMC Section 4.4-1703.g.9 is required before any ADU or JADU resident may apply for an autoette permit, which City Council may undertake as a separate action.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The Avalon Municipal Code will not be amended , and the City will be out of compliance with the mandated implementation programs set forth in the 6th Cycle General Plan Housing Element.

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. Ordinance

2. Strike-through Amendment Text

3. Tremont Street Property (APN 7 480-002-072) Location Map

4. Planning Commission Staff Report (PC#2884) and Resolution No. PC 25-49 ORDINANCE NO. ---

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AVALON AMENDING CHAPTER 9-5 RESIDENTIAL
ZONES, ARTICLE 5 "LOW AND MODERATE INCOMING
HOUSING" AND ARTICLE 6 "ACCESSORY DWELLING
UNITS" OF TITLE 9 OF THE AVALON MUNICIPAL CODE

AND ADOPTION OF EXEMPTION FINDINGS UNDER THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, pursuant to the authority granted to the City of Avalon ("City") by Article XI, Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designated to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, the City of Avalon is committed to implementation of the housing programs adopted as part of the 2021-2029 6th Cycle General Plan Housing Element, including Program #14 (Accessory Dwelling Units) and Program #15 (Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified); and WHEREAS, the City Council reviewed the proposed Ordinance, attached as Exhibits A and B, and the effects and demands of such regulations and other development on the City's resources; and
WHEREAS, on September 3, 2025, the Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the amendments to the development regulations for accessory dwelling units within residential zones of the City and for high-density affordable housing projects on the Tremont Street property (APN 7 480-002-072) in the LIM zone; and WHEREAS, the Planning Commission adopted Planning Commission Resolution No. 25-49 with recommendations to the City Council regarding adoption of the aforementioned amendments; and
WHEREAS, on September 16, 2025, the City Council held a duly-noticed public meeting and considered the recommendations of the Planning Commission, staff report, other supporting documents, and any public testimony concerning this ordinance; and WHEREAS, the City Council finds that the proposed Ordinance is consistent with the City's General Plan because the proposed amendments to the AMC will implement Program #14 and Program #15 of the City's 2021-2029 6th Cycle General Plan Housing Element, and the proposed amendments implement Policy 11-9 of the Land Use Element, which provides for infill of the City Center area and increasing the intensity of development on vacant and underutilized properties, in lieu of outward development, where appropriate; and
WHEREAS, all legal prerequisites to the adoption of this ordinance have occurred.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON DOES ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The City Council hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings .

Section 2. Code Amendment. The City Council hereby adopts the proposed ordinance amending Article 5 of Chapter 9-5 of Title 9 of the Avalon Municipal Code to read as proposed in Exhibit A, entitled "Article 5 - (LIM) Low and Moderate Income Housing" and amending Article 6 of Chapter 9-5 of Title 9 of the Avalon Municipal Code to read as proposed in Exhibit B, entitled "Article 6 - Accessory Dwelling Units".

Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any part thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Resolution or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void , or invalid.

Section 4. CEQA Exemptions.

The ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15183(a) and 15601 (b)(3) because it has no potential to have a significant effect on the environment and is not subject to CEQA.

The General Plan is a long-term policy guide for the development of the City but does not propose specific development that can be analyzed at a project-specific level. Therefore, the General Plan EIR is a Program EIR (State Clearinghouse No. 2011091042). A Program EIR provides a more general analysis of the General Plan that focuses on the overall effects of implementation of the General Plan. The 6th Cycle General Plan Housing Element was adopted in September 2022. An addendum to the Program EIR was prepared which concluded that the Housing Element updates do not result in any new or greater environmental impacts than were previously analyzed , disclosed, and mitigated.

Pursuant to Public Resources Code section 21083.3 and CEQA Guideline 15183(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review "except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site." As noted above, an EIR was certified for the General Plan. The amendments contained in the ordinance do not authorize construction and make minor changes to existing standards and land use limitations that apply to existing uses permitted in residential zones in the City and allow uses that are consistent with the residential uses currently permitted in such zones.

In addition, Guideline 15061 (b)(3) states that a project is exempt from CEQA if the activity covered by the common sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The amendments provide standards for the approval of allowed growth within the parameters of existing General Plan and municipal code regulations. It does not authorize any changes to land use limitations or approve any new development project. Therefore, there is no reasonable possibility that the activity in question may have a significant effect on the environment.

Further, California Public Resources Code section 21080.17 provides that the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or county implementing the provisions of Section 65852.1 or Section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the component of the ordinance which implements state ADU law is statutorily exempt from CEQA.

Therefore, it can be seen with certainty that the ordinance has no potential to cause a significant effect on the environment, and the amendments themselves are categorically exempt from further review under CEQA pursuant to Sections 15183(a) and 15061 (b)(3) of the California Code of Regulations.

Section 5. Certification. The City Clerk of the City of Avalon shall certify the passage and adoption of this Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.

Section 6. Effective Date. This Ordinance shall become effective thirty days from its adoption.

INTRODUCED at a regular meeting of the City Council of the City of Avalon on the 16th day of September, 2025, by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 21 st day of October, 2025, 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

EXHIBIT A
Avalon Municipal Code Title 9, Chapter 9-5,
Article 5 - (LIM) Low and Moderate Income Housing
§ 9-5.501 . Intent and Purpose.

The UM zone is established to provide residential areas where multiple family dwelling units can be provided to meet the housing needs of the City's low and moderate income residents. This zone is also intended to meet the City's share of the Regional Housing Needs Assessment (RHNA).
§ 9-5.502. Principal Uses Permitted.
@2 Low and moderate income housing as defined in Chapter 9-11 . .{hl Parks.
{fl Mobile home parks.
§ 9-5.503. Accessory Uses Permitted.

Premises in the UM zone may be used for accessory uses provided such uses are established on the same lot or parcel of land , are incidental to, and do not substantially alter the character of any permitted use, including , but not limited to:
(a) Accessory buildings or structures, including private garages. (b) Domestic animals, not to exceed three over three months old. § 9-5.504. Uses Permitted by Conditional Use Permit.
(a) Low and moderate income housing with density bonus. (b) Single room occupancies.
§ 9-5.504. Standards of Development.

Premises in this zone shall be subject to the development standards contained in this section, Chapter 9-7 (General Standards of Development) and , in the case of congregate housing construction or conversion, the standards of development, procedures and findings set forth in Chapter 9-13 of this title. (a) Maximum Permitted Density. The maximum permitted density shall be 40 units per acre.
(b) Minimum Lot Area. None.
(c) Minimum Lot Width. None.
(d) Required Setbacks. No building shall be located closer than 10 feet from any street or project boundary line, nor closer than six feet to any other building . (e) Building Bulk.
(1) Maximum Permitted Heights.
(i) For lots of 10° average slope or less: No portion of the building may exceed a height greater than 28 feet above the lot's natural surface and shall not be more than two stories;
(ii) For lots of 20° or greater: No portion of the bujlding may exceed a height greater than 14 feet above the upper lot line and 40 feet on any part of the lot's natural surface;
(iii) For lots of 11 ° to and including 19° average slope: measurement of the applicable height envelope may be pursuant to (i) or (ii). (f) Off-Street Parking. To be determined by the Commission. (g) Trash Storage. Sufficient, enclosed off-street trash storage areas shall be required to serve the project, not less than the equivalent of 30 gallons per residence. (h) Affordable Housing Contract. For new construction within this district (low/moderate), the provisions of this article shall be secured by a contract between the developer and the City.
§ 9-5.505. Housing Opportunity Site -Tremont Street Property (APN 7480-002-072). (a) It is the purpose pf this section to facil itate the development of qualifying affordable housing units by implementing Program 15 of the 6th Cycle City of Avalon Housing Element and codifying the statutory requirements found in California Government Code section 65583.2(c) governing the same.
(b) The 1.52-acre nonvacant site located on Tremont Street (APN 7480-002-072) has been identified as a housing element opportunity site intended to meet the City's share of the Regional Housing Needs Assessment (RHNA) in the 6th Cycle General Plan Housing Element.
(c) Residential development upon the Tremont Street (APN 7480-002-072) site shall be considered a by-right use and shall be processed pursuant to Government Code section 65583.2(i), without discretionary review, if all of the following requirements are met:
(1) The project site is located on a site that is listed in the 6th Cycle Housing Element pursuant to Government Code section 66583.2(a). (2) At least 20 percent of the total units provided on-site (including all base density and density bonus units) shall be reserved for low or very low income households.
(3) Residential development shall have a minimum density of 30 units per acre. (d) Residential developments approved pursuant to this section shall not be considered a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, also known as the California Environmental Quality Act. (e) The project complies with all applicable objective City policies, development standards, and design standards established in the General Plan or Development Code. Where there is a conflict between other City requirements and this section, the provisions of this section shall apply.

EXHIBIT B
Avalon Municipal Code Title 9, Chapter 9-5,
Article 6 - Accessory Dwelling Units
§ 9-5.601 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 9-5.602 Effect of Conforming.

An ADU or JADU that conforms to the standards in this section will not be:
(a) Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.
(b) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.
(c) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d) Required to correct a nonconforming zoning condition , as defined in subsection 9-

5.603 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. § 9-5.603 Definitions.

As used in this section, terms are defined as follows :

ACCESSORY DWELLING UNIT or ADU
Means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
(a) An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and
(b) A manufactured home, as defined by section 18007 of the California Health and Safety Code.

ACCESSORY STRUCTURE
Means a structure that is accessory and incidental to a dwelling located on the same lot.

COMPLETE INDEPENDENT LIVING FACILITIES
Means permanent provisions for living, sleeping, eating, cooking , and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated .

EFFICIENCY KITCHEN
Means a kitchen that includes all of the following:
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. (c) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(d) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(e) It includes an efficiency kitchen , as defined in this subsection above.

LIVABLE SPACE
Means a space in a dwelling intended for human habitation , including living, sleeping, eating, cooking , or sanitation.

LIVING AREA
Means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

NONCONFORMING ZONING CONDITION
Means a physical improvement on a property that does not conform with current zoning standards.

PASSAGEWAY
Means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

PROPOSED DWELLING
Means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

PUBLIC TRANSIT
Means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes , and are available to the public. Access to the City of Avalon Seaside Transit (COAST) on-demand transit system shall also qualify as public transit for the purposes of this article.

TANDEM PARKING
Means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
§ 9-5.604 Approvals.

The following approvals apply to ADUs and JADUs under this section:
{a) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 9-5.605 below, it is allowed with only a building permit in the following scenarios:
(1) Converted on Single-family Lot: One ADU as described in this subsection 9-

5.604(a)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling ; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code sections 66333 through 66339.
(2) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 9-

5.604{a){1) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection 9-5.605(b) below.
(3) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms , boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 9-5.604(a)(3), at least one converted ADU is allowed within an existing multifamily dwelling , up to a quantity equal to 25% of the existing multifamily dwelling units.
(4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling , or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in subsection 9-5.605(b) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (b) ADU Permit.
(1) Except as allowed under subsection 9-5.604(a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 9-5.605 and 9-5.606 below. (2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance.

The ADU-permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution. (c) Process and Timing .
(1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new singlefamily or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(3) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 9-5.604(c)(2) above.
(4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. § 9-5.605 General ADU and JADU Requirements.

The following requirements apply to all ADUs and JADUs that are approved under subsections 9-5.604(a) or 9-5.604(b) above:
(a) Zoning.
(1) An ADU or JADU subject only to a building permit under subsection 9-604(a) above may be created on a lot in a residential or mixed-use zone. (2) An ADU or JADU subject to an ADU permit under subsection 9-

5.604(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (3) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(b) Height.
(1) Except as otherwise provided by subsections 9-5.605(b )(2) and 9-

5.605(b )(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing , ADUs subject to this subsection 9-5.605(b)(4) may not exceed two stories. (5) For purposes of this subsection 9-5.605(b), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
(c) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(d) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created. (e) No Separate Conveyance. An ADU or JADU may be rented , but, except as otherwise provided in Government Code Section 66341 , no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). (f) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified , within the last 10 years. (g) Owner Occupancy.
(1) AD Us created under this section on or after January 1, 2020 are not subject to any owner-occupancy requirement.
(2) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection 9-5.605(g)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization .
(h) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director (or their designee) and filed with the Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(1) Except as otherwise provided in Government Code Section 66341 , the ADU or JADU may not be sold separately from the primary dwelling. (2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(3) The deed restriction runs with the land and may be enforced against future property owners.
(4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction , an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed , but is only eliminated by virtue of having a necessary component of an ADU or JADU removed , the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (5) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (i) Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(2) Within 90 days after each January 1_of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period , the City may enforce this provision in accordance with applicable law.
(j) Building & Safety.
(1) Must comply with building code. Subject to subsection 9-5.6050)(2) below, all ADUs and JADUs must comply with all local building code requirements. (2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 9-5.6050)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
§ 9-5.606 Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under subsection 9-5.604(b) above.
(a) Maximum Size.
(1) The maximum size of a detached or attached ADU subject to this subsection 9-5.606 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. (3) Application of other development standards in this subsection 9-5.606, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection 9-5.606(a)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(b) Floor Area Ratio (FAR). No ADU subject to this subsection 9-5.606 may cause the total FAR of the lot to exceed 45%, subject to subsection 9-5.606(a)(3) above. (c) Setbacks.
(1) An ADU that is subject to this subsection 9-5.606 must conform to a 3-foot front-yard setback, subject to subsection 9-5.606(a)(3) above. (2) An ADU that is subject to this subsection 9-5.606 must conform to 3-foot sideand rear-yard setbacks. (3) No setback is required for an ADU that is subject to this subsection 9-5.606 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(d) Lot Coverage. No ADU subject to this subsection 9-5.606 may cause the total lot coverage of the lot to exceed 50%, subject to subsection 9-5.606(a)(3) above. (e) Minimum Open Space. No ADU subject to this subsection 9-5.606 may cause the total percentage of open space of the lot to fall below 50%, subject to subsection 9-

5.606(a)(3) above.
(f) Passageway. No passageway, as defined by subsection 9-5.603 above, is required for an ADU.
(g) Parking.
(1) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 9-5.603 above.
(2) Exceptions. No parking under subsection 9-5.606(g)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in subsection 9-5.603 above.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 9-5.604(a)(1) above. d. When on-street parking permits are required but not offered to the occupant of the ADU.
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 9-5.606(g)(2)a through e above.
g. When the resident or owner of an ADU does not operate or maintain an autoette pursuant to a valid resident vehicle permit, also referred to interchangeably as an autoette permit, pursuant to AMC Title 4, Chapter 4-4 Traffic, Article 17 Registration of Vehicles.
(3) No Replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.
(h) Architectural Requirements.
(1) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(2) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(3) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(4) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (5) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing , landscaping, or privacy glass to prevent a direct line of sight.
(6) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(7) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(i) Landscape Requirements. Landscaping shall comply with the objective requirements of the underlying zone.
(j) Allowed Stories. No ADU subject to this subsection 9-5.606 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 9-5.605(b)(4).
§ 9-5.607 Fees.

The following requirements apply to all ADUs that are approved under subsections 9-

5.604(a) or 9-5.604(b) above.
(a) Impact Fees.
(1) No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection 9-5.607(a), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code§ 66000(b)) and a fee under the Quimby Act (Gov.

Code§ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) (b) Utility Fees.
(1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required . (2) Except as described in subsection 9-5.607(b)(1 ), converted AD Us on a singlefamily lot that are created under subsection 9-5.607(a)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. (3) Except as described in subsection 9-5.607(b)(1 ), all ADUs that are not covered by subsection 9-5.607(b)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.

All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 9-5.608 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(b) Unpermitted ADUs constructed before 2020.
(1) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (AMC 9-5.6). (2) Exceptions:
a. Notwithstanding subsection 9-5.608(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3.
b. Subsection 9-5.608(b)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920. 3.
§ 9-5.609 Nonconforming ADUs and Discretionary Approval.

Any proposed ADU or JADU that would otherwise be allowed under this this section but does not conform to the objective standards set forth in subsections 9-5.601 through 9-

5.608 of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

Avalon Municipal Code Title 9, Chapter 9-5, Article 5
(UM) Low and Moderate Income Housing
§ 9-5.501 . Intent and Purpose.

The LIM zone is established to provide residential areas where multiple family dwelling units can be provided to meet the housing needs of the City's low and moderate income residents. This zone is also intended to meet the City's share of the Regional Housing Needs Assessment (RHNA).
§ 9-5.502. Principal Uses Permitted.

Low and moderate income housing as defined in Chapter 9 11 , as well as parks and mobile home parks.
@l Low and moderate income housing as defined in Chapter 9-11 . .(Ql Parks.
_(g_ Mobile home parks.
§ 9-5.503. Accessory Uses Permitted.

Premises in the LIM zone may be used for accessory uses provided such uses are established on the same lot or parcel of land, are incidental to, and do not substantially alter the character of any permitted use, including, but not limited to:
(a) Accessory buildings or structures, including private garages. (b) Domestic animals, not to exceed three over three months old. § 9-5.504. Uses Permitted by Conditional Use Permit.
(a) Low and moderate income housing with density bonus. (b) Single room occupancies.
§ 9-5.504. Standards of Development.

Premises in this zone shall be subject to the development standards contained in this section , Chapter 9-7 (General Standards of Development) and, in the case of congregate housing construction or conversion , the standards of development, procedures and findings set forth in Chapter 9-13 of this title. (a) Maximum Permitted Density. The maximum permitted density shall be 40 units per acre.
(b) Minimum Lot Area. None.
(c) Minimum Lot Width . None.
(d) Required Setbacks. No building shall be located closer than 10 feet from any street or project boundary line, nor closer than six feet to any other building. (e) Building Bulk.
(1) Maximum Permitted Heights.
(i) For lots of 10° average slope or less: No portion of the building may exceed a height greater than 28 feet above the lot's natural surface and shall not be more than two stories;
(ii) For lots of 20° or greater: No portion of the building may exceed a height greater than 14 feet above the upper lot line and 40 feet on any part of the lot's natural surface;
(iii) For lots of 11 ° to and including 19° average slope: measurement of the applicable height envelope may be pursuant to (i) or (ii). (f) Off-Street Parking. To be determined by the Commission. (g) Trash Storage. Sufficient, enclosed off-street trash storage areas shall be required to serve the project, not less than the equivalent of 30 gallons per residence. (h) Affordable Housing Contract. For new construction within this district (low/moderate), the provisions of this article shall be secured by a contract between the developer and the City.
§ 9-5.505. Housing Opportunity Site-Tremont Street Property (APN 7480-002-072). (a) It is the purpose pf this section to facilitate the development of qualifying affordable housing units by implementing Program 15 of the 6th Cycle City of Avalon Housing Element and codifying the statutory requirements found in California Government Code section 65583.2(c) governing the same.
(b) The 1.52-acre nonvacant site located on Tremont Street (APN 7480-002-072) has been identified as a housing element opportunity site intended to meet the City's share of the Regional Housing Needs Assessment (RHNA) in the 6th Cycle General Plan Housing Element.
(c) Residential development upon the Tremont Street (APN 7480-002-072) site shall be considered a by-right use and shall be processed pursuant to Government Code section 65583.2(i), without discretionary review, if all of the following requirements are met:
(1) The project site is located on a site that is listed in the 6th Cycle Housing Element pursuant to Government Code section 66583.2(a). (2) At least 20 percent of the total units provided on-site (including all base density and density bonus units) shall be reserved for low or very low income households.
(3) Residential development shall have a minimum density of 30 units per acre. (d) Residential developments approved pursuant to this section shall not be considered a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, also known as the California Environmental Quality Act. (e) The project complies with all applicable objective City policies, development standards, and design standards established in the General Plan or Development Code. Where there is a conflict between other City requirements and this section. the provisions of this section shall apply.

Avalon Municipal Code Title 9, Chapter 9-5, Article 6
Accessory Dwelling Units
§ 9-5.601 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (AD Us) and junior accessory dwelling units (JADUs) in compliance with California Go>rernment Code sections 65852.2 and 65852.22. Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 9-5.602 Effect of Conforming.

5.603 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. § 9-5.603 Definitions.

As used in this section, terms are defined as follows :

ACCESSORY STRUCTURE
Means a structure that is accessory and incidental to a dwelling located on the same lot.

COMPLETE INDEPENDENT LIVING FACILITIES
Means permanent provisions for living, sleeping, eating , cooking , and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

LIVABLE SPACE
Means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

LIVING AREA
Means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

NONCONFORMING ZONING CONDITION
Means a physical improvement on a property that does not conform with current zoning standards.

PASSAGEWAY
Means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

PROPOSED DWELLING
Means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

PUBLIC TRANSIT
Means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares , run on fixed routes , and are available to the public. Access to the City of Avalon Seaside Transit (COAST) on-demand transit system shall also qualify as public transit for the purposes of this article.

TANDEM PARKING
Means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
§ 9-5.604 Approvals.

The following approvals apply to ADUs and JADUs under this section:
(a) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 9-5.605 below, it is allowed with only a building permit in the following scenarios:
(1) Converted on Single-family Lot: One ADU as described in this subsection 9-

5.604(a)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code Sestion 65852.22. sections 66333 through 66339.
(2) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 9-

5.604(a)(1) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection 9-5.605(b) below.
(3) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 9-5.604(a)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
(4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies ootA--.ill!..of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in subsection 9-5.605(b) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (b) ADU Permit.
(1) Except as allowed under subsection 9-5.604(a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 9-5.605 and 9-5.606 below. (2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance.

The ADU-permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution . (c) Process and Timing.
(1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application . If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new singlefamily or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(3) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 9-5.604(c)(2) above.
(4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time . § 9-5.605 General ADU and JADU Requirements.

5.605(b)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing , ADUs subject to this subsection 9-5.605(b)(4) may not exceed two stories. (5) For purposes of this subsection 9-5.605(b), height is measured above from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
(c) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(d) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created . (e) No Separate Conveyance. An ADU or JADU may be rented , but, except as otherwise provided in Government Code Section 66341 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). (f) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified , within the last 10 years. (g) Owner Occupancy.
(1) AA-ADUs created under this section on or after January 1, 2020 that is permitted after January 1, 2020, but before January 1, 2025, +s are not subject to any owner-occupancy requirement.
(2) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an mvner occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence .
{3}--(2) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection 9-5.605(g)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h) Deed Restriction . Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director (or their designee) and filed with the Planning Department. The deed restriction must run with the land and bind all future owners . The form of the deed restriction will be provided by the City and must provide that:
(1) Except as otherwise provided in Government Code Section 66341 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. (2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(3) The deed restriction runs with the land and may be enforced against future property owners.
(4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities . To remove the deed restriction , an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed , but is only eliminated by virtue of having a necessary component of an ADU or JADU removed , the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (5) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (i) Income Reporting . In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 6633065852.2, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(2) Within 90 days after each January 1 yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90- day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.
(j) Building & Safety.
(1) Must comply with building code. Subject to subsection 9-5.6050)(2) below, all ADUs and JADUs must comply with all local building code requirements . (2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 9-5.6050)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.
§ 9-5.606 Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under subsection 9-5.604(b) above.
(a) Maximum Size.
(1) The maximum size of a detached or attached ADU subject to this subsection 9-5.606 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. (3) Application of other development standards in this subsection 9-5.606, such as FAR or lot coverage, might further limit the size of the ADU , but no application of the percent-based size limit in subsection 9-5.606(a)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(b) Floor Area Ratio (FAR). No ADU subject to this subsection 9-5.606 may cause the total FAR of the lot to exceed 45%, subject to subsection 9-5.606(a)(3) above. (c) Setbacks.
(1) An ADU that is subject to this subsection 9-5.606 must conform to a 3-foot front-yard setback, subject to subsection 9-5.606(a)(3) above. (2) An ADU that is subject to this subsection 9-5.606 must conform to 3-foot sideand rear-yard setbacks. (3) No setback is required for an ADU that is subject to this subsection 9-5.606 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(d) Lot Coverage. No ADU subject to this subsection 9-5.606 may cause the total lot coverage of the lot to exceed 50%, subject to subsection 9-5.606(a)(3) above. (e) Minimum Open Space. No ADU subject to this subsection 9-5.606 may cause the total percentage of open space of the lot to fall below 50% , subject to subsection 9-

5.606(a)(3) above.
(f) Passageway. No passageway, as defined by subsection 9-5.603 above, is required for an ADU .
(g) Parking .
(1) Generally. One off-street parking space is required for each ADU . The parking space may be provided in setback areas or as tandem parking, as defined by subsection 9-5.603 above.
(2) Exceptions. No parking under subsection 9-5.606(9)(1) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in subsection 9-5.603 above.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 9-5.604(a)(1) above. d. When on-street parking permits are required but not offered to the occupant of the ADU .
e. When there is an established car share vehicle stop located within one block of the ADU .
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 9-5.606(g)(2)a through e above.
g. When the resident or owner of an ADU does not operate or maintain an autoette pursuant to a valid resident vehicle permit, also referred to interchangeably as an autoette permit, pursuant to AMC Title 4, Chapter 4-4 Traffic, Article 17 Registration of Vehicles.
(3) No Replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU , those off-street parking spaces are not required to be replaced.
(h) Architectural Requirements.
(1) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
(2) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(3) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(4) The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of seven feet. (5) \CIJindows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and pre11ent a direct line of sight. No window or door of the ADU may have a direct line of sight to an adjoining residential property.

Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
(6) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(7) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(i) Landscape Requirements. Landscaping shall comply with the objective requirements of the underlying zone. E11ergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follmvs:
(1) At least one 15 gallon size plant shall be provided for e1 .iery five linear feet of
exterior 1all. Alternatively, at least one 24" box size plant shall be provided for every ten linear feet of exterior 1all.
(2) Plant specimens must be at least six feet tall when installed . As an alternafr.ie, a solid fence of at least 6 feet in height may be installed . (3) All landscaping must be drought tolerant.
(j) Allowed Stories. No ADU subject to this subsection 9-5.606 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 9-5.605(b)(4).
§ 9-5.607 Fees.

The following requirements apply to all ADUs that are approved under subsections 9-

5.604(a) or 9-5.604(b) above.
(a) Impact Fees.
(1) No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection 9-5.607(a), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code§ 66000(b)) and a fee under the Quimby Act (Gov.

Code§ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g. , the floor area of the ADU , divided by the floor area of the primary dwelling , times the typical fee amount charged for a new dwelling.) (b) Utility Fees.
(1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required . (2) Except as described in subsection 9-5.607(b)(1), converted ADUs on a singlefamily lot that are created under subsection 9-5.607(a)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required . (3) Except as described in subsection 9-5.607(b)(1), all ADUs that are not covered by subsection 9-5.607(b)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.

All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 9-5.608 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition , building code violation , or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(b) Unpermitted ADUs constructed before 2020204-8.
(1) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020204-8, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (AMC 9-5.6). (2) Exceptions:
a. Notwithstanding subsection 9-5.608(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020204-8, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. protect the health and safety of the public or of occupants of the structure.
b. Subsection 9-5.608(b)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
§ 9-5.609 Nonconforming ADUs and Discretionary Approval.

Any proposed ADU or JADU that would otherwise be allowed under this this section but does not conform to the objective standards set forth in subsections 9-5.601 through 9-

5.608 of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

PC2884 - Zoning Text Amendments, September 3, 2025 Planning Commission Meeting Attachment 3 - Tremont Street Property (APN 7480-002-072) Location Map (Los Angeles County Property Assessor 2025)
Item No.

AV ALON PLANNING COMMISSION
STAFF REPORT - PC#2884
Wednesday, September 3, 2025
- Public Hearing
Application File: ZT A
Submitted by: Kelly Ribuffo, Contract Planner
A Public Hearing and consideration of a resolution recommending approval to the City Council of zoning text amendments to Chapter 9-5, Article 5 (LIM - Low and Moderate Income Housing) and Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code, implementing housing programs 14 and 15 as set forth in the 6th Cycle General Plan Housing Element. The proposed project is exempt from environmental review under California Environmental Quality Act (CEQA) Section I 5 I 83(a) (Project Consistent with a Community Plan or Zoning) and CEQA Section 15061 (b)(3) (General Rule).

BACKGROUND
On September 20, 2022, the City Council adopted the 202 l-2029/6th Cycle General Plan Housing Element. The Housing Element is a state-mandated section of the General Plan which identifies the housing needs, opportun ities, and constraints in the City of A val on. The Housing Plan section of the Housing Element further sets forth the City's goals, policies and programs to address Avalon's identified housing needs, including production of 27 new housing units as allocated by the Southern California Association of Governments (SCAG) Regional Housing Needs Assessment (RHNA) for the 6th review cycle.

The Housing Plan contains 26 programs adopted to implement the goals and policies of the Housing Element. Some programs require one-time code amendments, while others have ongoing review schedules that require monitoring legislative actions and regular updates to the Avalon Municipal Code (AMC). Over the next several months, the Planning and Building Department will bring forth a series of code amendments for consideration to implement all of the housing programs to ensure the City continues to be compliant with State law. The amendments proposed at this time are intended to address the requirements of Program # 14 (Accessory Dwelling Units) and Program # 15 (Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified).

DISCUSSION AND RECOMMENDATIONS
Program #14 - Accessory Dwelling Units:

Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) help meet the City 's housing needs for all income levels and also provide a housing resource for seniors and low- and moderate-income households throughout the entire community. In accordance with State law, accessory units (also known as second units or granny flats) are allowed by right in all residential zones within the city. Chapter 9-5, Artic le 6, Accessory Dwelling Units, provides specific development standards and processing requirements for ADUs.

SB 1211 and AB 2553, adopted in 2024 and effective as of January 1, 2025, are the most recent legislative acts that include multiple updates to State ADU law which clarify the development requirements for ADUs. Below is a summary of the amendments proposed to comply with current State law requirements:
• Update Government Code and Health and Safety Code legal references throughout. • Add definition for " livable space". (Section 9-5.603) • Clarify the number of detached ADUs permitted on a lot with proposed multi-family development. (Section 9-5.604.a.4)
• Clarify that JADUs are only permitted on lots zoned for single-family residences. (Section 9-5.605.a.3)
• Clarify the method of measuring the height of an ADU. (Section 9-5.605.b.5) • Remove owner-occupancy requirement for ADUs constructed after January I, 2025. (Section 9-5.605.g. I and 2)
• Clarify that uncovered parking spaces are included in the types of off-street parking that do not need to be replaced when an ADU is constructed (Section 9-5.606.g.3) • Add clarification of the number of allowed stories for an ADU. (Section 9-6.606.j) In addition, Staff has reviewed the objective architectural design standards for ADUs to identify opportunities to clarify requirements and reduce impediments for ADU development.

The following amendments are proposed to update the design standards for ADUs:
• Clarify the architectural requirements for window and door placement and privacy screening. (Section 9-5.606.h.5)
• Add architectural requirement that roof slope must match that of the dominant roof slope of the primary dwelling on a lot. (Section 9-5.606.h.7) • Revise the requirements for site landscaping to require compliance with the objective standards of the underlying zone. (Section 9-5.606.i)
Complete amendment language is included in the draft resolution (Attachment 1) and strikethrough amendment text (Attachment 2). It is the opinion of staff that the proposed amendments comply with existing State law concerning ADUs and fully implements Program #14 of the 6th 2 Cycle Housing Element.

Program# 15 - Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified:

As part of the Housing Element development process, local governments are required to prepare an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. During the preparation of the 6th Cycle Housing Element, one site on Tremont Street (APN 7480-002-072) was identified as a housing opportunity site with potential to accommodate the number of units required to meet the city's RHNA unit allocation. A map showing the location of the subject parcel is provided as Attachment 3.

Program # 15 of the Housing Element is intended to provide streamlined review of high-density housing projects on the Tremont Street property which include affordable housing units. Program # 15 states:
"The City of Avalon will rezone to allow developments by right pursuant to Government Code section 65583.2(i) when 20 percent or more of the units are affordable to lower income households on sites identified in Appendix A to accommodate the lower income RHNA that was previously identified in past housing elements. Specifically, the City will rezone the 1.52-acre nonvacant site located at Tremont Street (APN 7480-002-072) previously identified in the 5th cycle housing element." The Tremont Street property is currently zoned Low and Moderate Income Housing (LIM) and is designated High Density Residential - Community Housing in the General Plan Land Use Element. Pursuant to AMC Section 9-5.502, low and moderate income housing as defined in AMC Chapter 9-11 is permitted by right in the UM zone, and the maximum permitted density is 40 dwelling units per acre. Therefore, the property is already appropriately zoned for compliance with Program 15.

To further clarify implementation of Program #15 , Staff proposed that a new AMC Section 9-

5.505 be added to Chapter 9-5 , Article 5 of Title 9 (UM - Low and Moderate Income Housing), which states that residential development on the Tremont Street property shall be considered a byright use, and may be processed without discretionary review, when at least 20 percent or more of units are reserved for affordable to low and very low income households and the project has a density of at least 30 dwelling units per acre. Complete amendment language is included in the draft resolution (Attachment 1) and strike-through amendment text (Attachment 2).

It is the opinion of staff that the proposed amendments UM zone fully implement Program #15 of the Housing Element.

The Tremont Street property is owned by the Santa Catalina Island Company, is already partially developed with residential units. In compliance Program # 15, if the City receives an application 3 for a housing development project during this cycle, the City will notify HCD and process the application consistent with State law.

GENERAL PLAN/LOCAL COAST AL PROGRAM COMPLIANCE
The Avalon General Plan recognizes that Avalon is a unique island community with limited resources, including land area. The Housing Element set forth goals, policies and programs to address Avalon's identified housing needs, including production of 27 new housing units as allocated by the 6th Cycle RHNA assessment.

The proposed ordinance implements Program #14 (Accessory Dwelling Units) and Program #15 (Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified) which are mandated as part of the housing plan adopted with the 6th Cycle Housing Element.

The General Plan Land Use Element is also incorporated as an integral part of the City's certified Local Coastal Program (LCP) Land Use Plan. The proposed ordinance implements the following Land Use Element 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 open space." Regular review and update of the Avalon Municipal Code allows the City to adapt to changing State and federal regulations while providing the community, and potential developers, with clear direction to plan for future development projects. The proposed amendments set forth specific permitting processes and design standards for accessory dwelling units, as well as streamlined review of high-density affordable housing on the Tremont Street property. These amendments encourage infill and denser development within the city center. Where the City has discretion, design and development standards have also been updated to ensure visual compatibility with surrounding residential development, so as to preserve the low-rise character of downtown and significant vistas of the harbor and surrounding hillsides.

Therefore, the proposed ordinance is in comp I iance with both the A val on General Plan and the LCP.
4 ENVIRONMENTAL DETERMINATION
California Environmental Quality Act:

The proposed action for the Planning Commission to take is to make a recommendation to the City Council to adopt the proposed ordinance. The City Council will ultimately make the final decision on whether or not to approve the ordinance, and therefore the City Council will evaluate whether CEQA review is required. The recommendation of the Planning Commission to the City Council to approve the proposed ordinance clearly has no potential to have a significant effect on the environment per State CEQA Guidelines Sections 15183(a) and 1560 I (b)(3), and such recommendation is not subject to CEQA.

The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections I 5 I 83(a) and 1560 I (b)(3) because it has no potential to have a significant effect on the environment and is not subject to CEQA.

The General Plan is a long-term policy guide for the development of the City but does not propose specific development that can be analyzed at a project-specific level. Therefore, the General Plan EIR is a Program EIR (State Clearinghouse No . 2011091042). A Program EIR provides a more general analysis of the General Plan that focuses on the overall effects of implementation of the General Plan. The 6th Cycle General Plan Housing Element was adopted in September 2022. An addendum to the Program EIR was prepared which concluded that the Housing Element updates do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated.

Pursuant to Public Resources Code section 21083.3 and CEQA Guideline 15 I 83(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review "except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site." As noted above, an EIR was certified for the General Plan. The proposed amendments contained in the ordinance do not authorize construction and make minor changes to existing standards and land use limitations that apply to existing uses permitted in residential zones in the City and allow uses that are consistent with the residential uses currently permitted in such zones.

In addition, Guideline 15061 (b )(3) states that a project is exempt from CEQA if the activity covered by the common sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed amendments provide standards for the approval of allowed growth within the parameters of existing General Plan and municipal code regulations. It does not authorize any changes to land use limitations or approve any new development project. Therefore, there is no reasonable possibility that the activity in question may have a significant effect on the environment.

Further, California Public Resources Code section 21080.17 provides that the California Environmental Quality Act ("CEQA") does not apply to the adoption of an ordinance by a city or 5 county implementing the provisions of Section 65852.1 or Section 65852.2 of the Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the component of the ordinance which implements state ADU law is statutorily exempt from CEQA.

Therefore, it can be seen with certainty that the draft ordinance has no potential to cause a significant effect on the environment, and the amendments themselves are categorically exempt from further review under CEQA pursuant to Sections l 5 l 83(a) and 15061 (b)(3) of the California Code of Regulations.

AUTHORIZING GUIDELINES
AMC Section 9-1.106 authorizes the Planning Commission to review and take action on recommendations to the City Council on amendments to Title 9 of the Avalon Municipal code, pursuant to Title 7 of the Government Code (Planning Law).

PUBLIC NOTICE
The Hearing Notice was published in Catalina Islander on August 8, 2025. The Hearing Notice was posted in three location(s) on the same date.

STAFF RECOMMENDATIONS
Staff recommends the Planning Commission adopt the attached Resolution, which will:

1. Recommend to City Council adoption of a Resolution approving zoning text amendments to Chapter 9-5 , Article 5 (LIM - Low and Moderate Income Housing) and Chapter 9-5, Article 6 (Accessory Dwelling Units) of Title 9 of the Avalon Municipal Code.

2. Find the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections l 5183(a) 15061 (b )(3), and direct staff to prepare and file with the Office of Planning and Research and the Clerk of the County of Los Angeles a Notice of Exemption (NOE) as provided under Public Resources Code Section 21152(6) and CEQA Guidelines Section 15062.

ATTACHMENTS

1. Draft Resolution No. PC 25-49

2. Strike-through Amendment Text

3. Tremont Street Property (APN 7480-002-072) Location Map 6 RESOLUTION NO. 25-49

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF AV ALON RECOMMENDING APPROVAL
OF AMENDMENTS TO CHAPTER 9-5 RESIDENTIAL
ZONES, ARTICLE 5 "LOW AND MOD ERA TE INCOMING
HOUSING AND ARTICLE 6 "ACCESSORY DWELLING
UNITS" OF TITLE 9 OF THE AV ALON MUNICIPAL CODE

AND FINDINGS UNDER THE CALIFORNIA

ENVIRONMENT AL QUALITY ACT
WHEREAS, pursuant to the authority granted to the City of A val on ("City") by Article XI , Section 7 of the California Constitution, the City has the police power to regulate the use of land and property within the City in a manner designated to promote public convenience and general prosperity, as well as public health, welfare, and safety; and WHEREAS, the Planning Commission has authority per Avalon Municipal Code (AMC) Section 9-1 .106 to review and take action on recommendations to amend municipal code regulations; and
WHEREAS, the City of Avalon is committed to implementation of the housing programs adopted as part of the 2021-2029 6th Cycle General Plan Housing Element, including Program # 14 (Accessory Dwelling Units) and Program # 15 (Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified); and WHEREAS, the Planning Commission reviewed the proposed Ordinance, attached as Exhibit A, and the effects and demands of such regulations and other development on the City 's resources; and
WHEREAS, on September 3, 2025 , the Planning Commission held a duly-noticed public hearing, at which time written and oral evidence was considered regarding the proposed amendments to the development regulations for accessory dwelling units within residential zones of the City and for high-density affordable housing projects on the Tremont Street property (APN 7480-002-072) in the LIM zone; and
WHEREAS, the Planning Commission finds that the proposed Ordinance is consistent with the City 's General Plan because the proposed amendments to the AMC will implement Program # 14 and Program # 15 of the City 's 2021-2029 6th Cycle General Plan Housing Element, and the proposed amendments implement Policy 11-9 of the Land Use Element, which provides for infill of the City Center area and increasing the intensity of development on vacant and underutilized properties, in lieu of outward development, where appropriate; and WHEREAS, the Planning Commission has considered the staff report, supporting documents, public testimony, and all pertinent information submitted; and WHEREAS, all other legal pre-requisites for the consideration of the proposed municipal code regulations by the Planning Commission have occurred.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
AV ALON DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Incorporation of Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings.

Section 2. Code Amendment. The Planning Commission hereby recommends that the City Council adopt the proposed ordinance amending Article 5 of Chapter 9-5 of Title 9 of the Avalon Municipal Code to read as proposed in Exhibit A, entitled "Article 5 - (LIM) Low and Moderate Income Housing" and amending Article 6 of Chapter 9-5 of Title 9 of the Avalon Municipal Code to read as proposed in Exhibit B, entitled "Article 6 - Accessory Dwelling Units".

Section 3. Severability. If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance, or any patt thereof is for any reason held to be unconstitutional, void, or invalid, such decisions shall not affect the validity of the remaining portion of this Resolution or any part thereof. The Planning Commission hereby declares that it would have passed each section, subsection, subd ivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional, void, or invalid.

Section 4. CEQA Exemptions.

The proposed action for the Planning Commission to take is to make a recommendation to the City Council to adopt the proposed ordinance. The City Council will ultimately make the final decision on whether or not to approve the ordinance, and therefore the City Council will eva luate whether CEQA review is required. The recommendation of the Planning Commission to the City Council to approve the proposed ordinance clearly has no potential to have a sign ificant effect on the environment per State CEQA Guidelines Sections I 5 I 83(a) and 1560 I (b)(3), and such recommendation is not subject to CEQA.

The proposed ordinance is exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines Sections 15 I 83(a) and 15601 (b)(3) because it has no potential to have a significant effect on the environment and is not subject to CEQA.

The General Plan is a long-term policy guide for the deve lopment of the City but does not propose specific development that can be analyzed at a proj ect-specific level. Therefore, the General Plan EIR is a Program El R (State Clearinghouse o. 20 11091042). A Program EIR provides a more general analysis of the General Plan that focuses on the overa ll effects of implementation of the General Plan. The 6th Cycle General Plan Housing Element was adopted in September 2022. An addendum to the Program EIR was prepared which concluded that the Housing Element updates do not result in any new or greater environmental impacts than were previously analyzed, disclosed, and mitigated.

Pursuant to Public Resources Code section 2 1083.3 and CEQA Guideline I 5 I 83(a), a project that is consistent with the development densities established in a General Plan for which an EIR was certified is not required to undergo additional environmental review "except as might be necessary to examine whether there are project-specific significant effects which are peculiar to the project or its site." As noted above, an EIR was certified for the General Plan. The proposed amendments contained in the ordinance do not authorize construction and make minor changes to existing standards and land use limitations that apply to existing uses permitted in residential zones in the City and allow uses that are consistent with the residential uses currently permitted in such zones.

In addition, Guideline 15061 (b)(3) states that a project is exempt from CEQA if the activity covered by the common sense exemption that CEQA only applies to projects which have the potential for causing a significant effect on the environment. The proposed amendments provide standards for the approval of allowed growth within the parameters of existing General Plan and municipal code regulations. It does not authorize any changes to land use limitations or approve any new development project. Therefore, there is no reasonable possibility that the activity in question may have a significant effect on the environment.

BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to the City of A val on City Clerk for transmittal to the City of A val on City Council.

PASSED, APPROVED AND ADOPTED this 3rd day of September, 2025.

Chair Kathlene Smith
ATTEST:

Dave M. Maistros, City Manager
CERTIFICATE:

I, Donna Terpinitz-Romo, hereby certify that the foregoing Resolution 25-49 was adopted by the Planning Commission of the City of Avalon at a special meeting held on the 3rd day of September 2025, by the following vote, to wit
AYES:

NOES:

ABSENT:

ABSTAIN:

Donna Terpinitz-Romo, Senior Administrative Assistant

EXHIBIT A
Avalon Municipal Code Title 9, Chapter 9-5,
Article 5 - (LIM) Low and Moderate Income Housing
§ 9-5.50 I. Intent and Purpose.

The LIM zone is established to provide residential areas where multiple family dwelling units can be provided to meet the housing needs of the City's low and moderate income residents.

This zone is also intended to meet the City's share of the Regional Housing Needs Assessment (RHNA).
§ 9-5.502. Principal Uses Permitted.
ill Low and moderate income housing as defined in Chapter 9-1 I . .(hl Parks.
~ Mobile home parks.
§ 9-5.503 . Accessory Uses Permitted.

Premises in this zone shall be subject to the development standards contained in this section, Chapter 9-7 (General Standards of Development) and, in the case of congregate housing construction or conversion, the standards of development, procedures and findings set forth in Chapter 9-13 of this title.
(a) Maximum Permitted Density. The maximum permitted density shall be 40 units per acre. (b) Minimum Lot Area. None.
(c) Minimum Lot Width. None.
(d) Required Setbacks. No building shall be located closer than IO feet from any street or project boundary line, nor closer than six feet to any other building. (e) Building Bulk.
(1) Maximum Permitted Heights.
(i) For lots of 10° average slope or less: No portion of the building may exceed a height greater than 28 feet above the lot's natural surface and shall not be more than two stories;
(ii) For lots of 20° or greater: No portion of the building may exceed a height greater than 14 feet above the upper lot line and 40 feet on any part of the lot's natural surface ;
(iii) For lots of 11 ° to and including 19° average slope: measurement of the applicable height envelope may be pursuant to (i) or (ii).
(f) Off-Street Parking. To be determined by the Commission. (g) Trash Storage. Sufficient, enclosed off-street trash storage areas shall be required to serve the project, not less than the equivalent of 30 gallons per residence. (h) Affordable Housing Contract. For new construction within this district (low/moderate), the provisions of this article shall be secured by a contract between the developer and the City. § 9-5.505. Housing Opportunity Site-Tremont Street Property (APN 7480-002-072). (a) It is the purpose pf this section to facilitate the development of qualifying affordable housing units by implementing Program 15 of the 6th Cycle City of Avalon Housing Element and codifying the statutory requirements found in California Government Code section 65583.2(c) governing the same.
(b) The 1.52-acre nonvacant site located on Tremont Street (APN 7480-002-072) has been identified as a housing element opportunity site intended to meet the City's share of the Regional Housing Needs Assessment (RHNA) in the 6th Cycle General Plan Housing Element.
(c) Residential development upon the Tremont Street (A PN 7480-002-072) site shall be considered a by-right use and shall be processed pursuant to Government Code section 65583.2(i), without discretionary review, if all of the following requirements are met:
(I) The project site is located on a site that is I isted in the 6th Cycle Housing Element pursuant to Government Code section 66583.2(a).
(2) At least 20 percent of the total units provided on-site (including all base density and density bonus units) shall be reserved for low or very low income households. (3) Residential development shall have a minimum density of 30 units per acre . (d) Residential developments approved pursuant to this section shall not be considered a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, also known as the California Environmental Quality Act. (e) The project complies with all applicable objective City policies, development standards, and design standards established in the General Plan or Development Code. Where there is a conflict between other City requirements and this section, the provisions of this section shall apply.

EXHIBIT B
Avalon Municipal Code Title 9, Chapter 9-5,
Article 6 - Accessory Dwelling Units
§ 9-5.60 I Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (AD Us) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division I of Title 7 of the California Government Code.
§ 9-5.602 Effect of Conforming.

An ADU or JADU that conforms to the standards in this section will not be:
(a) Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.
(b) Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. (c) Considered in the application of any local ordinance, policy, or program to limit residential growth.
(d) Required to correct a nonconforming zoning condition, as defined in subsection 9-

5.603 below. This does not prevent the City from enforcing compliance with appl icable building standards in accordance with Health and Safety Code section 17980.12. § 9-5.603 Definitions.

As used in this section, terms are defined as follows:

ACCESSORY STRUCTURE
Means a structure that is accessory and incidental to a dwelling located on the same lot.

COMPLETE INDEPENDENT LIVING FACILITIES
Means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

JUNIOR ACCESSORY DWELLING UNIT or JADU
Means a residential unit that satisfies all of the fo llowing:
(a) It is no more than 500 square feet in size.
(b) It is contained entirely within an existing or proposed si ngle-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
(c) It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
(d) If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
(e) It includes an efficiency kitchen, as defined in this subsection above.

LIV ABLE SP ACE
Means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation .

LIVING AREA
Means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

NONCONFORMING ZONING CONDITION
Means a physical improvement on a property that does not conform with current zoning standards.

PASSAGEWAY
Means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU .

PROPOSED DWELLING
Means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

TANDEM PARKING
Means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
§ 9-5.604 Approvals.

5.604(a)(I) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code sections 66333 through 66339.
(2) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 9-5.604(a)(l) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection 9-5.605(6) below.
(3) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 9-5.604(a)(3), at least one converted ADU is allowed within an ex1stmg multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
(4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU .
b. The peak height above grade does not exceed the applicable height limit provided in subsection 9-5.605(b) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached AD Us does not exceed the number of primary dwelling units on the lot. (b) ADU Permit.
(1) Except as allowed under subsection 9-5 .604(a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 9-5 .605 and 9-5.606 below.
(2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution.
(c) Process and Timing.
(1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. (3) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 9-5.604(c)(2) above. (4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. § 9-5.605 General ADU and JADU Requirements.

The following requirements apply to all AD Us and JADUs that are approved under subsections 9-

5.604(a) or 9-5.604(b) above:
(a) Zoning.
(1) An ADU or JADU subject only to a building permit under subsection 9-604(a) above may be created on a lot in a residential or mixed-use zone. (2) An ADU or JADU subject to an ADU permit under subsection 9-5.604(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use .
(3) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.
(b) Height.
(1) Except as otherwise provided by subsections 9-5.605(b)(2) and 9-5 .605(b)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.
(2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. (3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. (4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing , ADUs subject to this subsection 9-

5.605(b)(4) may not exceed two stories.
(5) For purposes of this subsection 9-5.605(b), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure. (c) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence .
(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(d) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. (e) No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 6634 I, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). (f) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last IO years. (g) Owner Occupancy.
(1) ADUs created under this section on or after January I, 2020 are not subject to any owner-occupancy requirement.
(2) As required by state law, all JADUs are subject to an owner-occupancy requirement.

A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection 9-

5.605(g)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director (or their designee) and filed with the Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(1) Except as otherwise provided in Government Code Section 66341 , the ADU or JADU may not be sold separately from the primary dwelling.
(2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(3) The deed restriction runs with the land and may be enforced against future property owners.
(4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code.

If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (5) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the i lie gal unit.
(i) Income Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583 . 1 and 66330, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. (2) Within 90 days after each January l_of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law. (j) Building & Safety.
(1) Must comply with building code. Subject to subsection 9-5 .605(j)(2) below, all AD Us and JADUs must comply with all local building code requirements. (2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 9-5 .605(j)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section. § 9-5.606 Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under subsection 9-

5.604(b) above.
(a) Maximum Size.
(1) The maximum size of a detached or attached ADU subject to this subsection 9-5 .606 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. (3) Application of other development standards in this subsection 9-5.606, such as FAR or lot coverage, might further limit the size of the ADU, but no application of the percentbased size limit in subsection 9-5.606(a)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(b) Floor Area Ratio (FAR). No ADU subject to this subsection 9-5.606 may cause the total FAR of the lot to exceed 45%, subject to subsection 9-5.606(a)(3) above. (c) Setbacks.
(1) An ADU that is subject to this subsection 9-5.606 must conform to a 3-foot front-yard setback, subject to subsection 9-5.606(a)(3) above.
(2) An ADU that is subject to this subsection 9-5.606 must conform to 3-foot side- and rear-yard setbacks.
(3) No setback is required for an ADU that is subject to this subsection 9-5 .606 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(d) Lot Coverage. No ADU subject to this subsection 9-5.606 may cause the total lot coverage of the lot to exceed 50%, subject to subsection 9-5 .606(a)(3) above. (e) Minimum Open Space. No ADU subject to this subsection 9-5 .606 may cause the total percentage of open space of the lot to fall below 50%, subject to subsection 9-5.606(a)(3) above. (t) Passageway. No passageway, as defined by subsection 9-5.603 above, is required for an ADU. (g) Parking.
(1) Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by subsection 9-

5.603 above.
(2) Exceptions. No parking under subsection 9-5.606(g)(l) is required in the following situations:
a. The ADU is located within one-half mile walking distance of public transit, as defined in subsection 9-5 .603 above.
b. The ADU is located within an architecturally and historically significant historic district.
c. The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 9-5.604(a)( I) above.
d. When on-street parking permits are required but not offered to the occupant of the ADU .
e. When there is an established car share vehicle stop located within one block of the ADU.
f. When the permit application to create an ADU is submitted with an application to create a new single-family or new multifamily dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in subsections 9-

5.606(g)(2)a through e above.
(3) No Replacement. When a garage, carport, or covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. (h) Architectural Requirements.
(1) The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. (2) The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code.
(3) The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
(4) The interior horizontal dimensions of an ADU must be at least IO feet wide in every direction, with a minimum interior wall height of seven feet. (5) No window or door of the ADU may have a direct line of sight to an adjoining residential property. Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
(6) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(7) The roof slope must match that of the dominant roof slope of the primary dwelling.

The dominant roof slope is the slope shared by the largest portion of the roof. (i) Landscape Requirements. Landscaping shall comply with the objective requirements of the underlying zone.

U) Allowed Stories. No ADU subject to this subsection 9-5 .606 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 9-5 .605(6 )( 4 ).
§ 9-5.607 Fees.

The following requirements apply to all ADUs that are approved under subsections 9-

5.604(a) or 9-5.604(b) above .
(a) Impact Fees.
(1) No impact fee is required for an ADU that is less than 750 square feet in size. For purposes of this subsection 9-5 .607(a), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code§ 66000(b)) and a fee under the Quimby Act (Gov. Code§ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) (b) Utility Fees.
(1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
(2) Except as described in subsection 9-5.607(b)(I), converted ADUs on a single-family lot that are created under subsection 9-5.607(a)(I) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
(3) Except as described in subsection 9-5.607(b)(l), all ADUs that are not covered by subsection 9-5 .607(b)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 9-5.608 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(b) Unpermitted ADUs constructed before 2020.
(1) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January I, 2020, if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (AMC 9-5 .6).
(2) Exceptions:
a. Notwithstanding subsection 9-5.608(b)(l) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January I, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. b. Subsection 9-5 .608(b)( I) above does not apply to a building that is deemed to be substandard in accordance with Ca lifornia Health and Safety Code section 17920.3.
§ 9-5.609 Nonconforming ADUs and Discretionary Approval.

Any proposed ADU or JADU that would otherwise be allowed under this this section but does not conform to the objective standards set forth in subsections 9-5.601 through 9-5.608 of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

Avalon Municipal Code Title 9, Chapter 9-5, Article 5
(LIM) Low and Moderate Income Housing
§ 9-5.501 . Intent and Purpose.

Low and moderate income housing as defined in Chapter Q 11 , as well as parks and mobile home parks.
@l Low and moderate income housing as defined in Chapter 9-11 . .(Ql Parks.
fg Mobile home parks.
§ 9-5.503. Accessory Uses Permitted.

Premises in this zone shall be subject to the development standards contained in this section , Chapter 9-7 (General Standards of Development) and, in the case of congregate housing construction or conversion , the standards of development, procedures and findings set forth in Chapter 9-13 of this title. (a) Maximum Permitted Density. The maximum permitted density shall be 40 units per acre.
(b) Minimum Lot Area. None.
(c) Minimum Lot Width . None.
(d) Required Setbacks. No building shall be located closer than 10 feet from any street or project boundary line, nor closer than six feet to any other building. (e) Building Bulk.
(1) Maximum Permitted Heights.
(i) For lots of 10° average slope or less: No portion of the building may exceed a height greater than 28 feet above the lot's natural surface and shall not be more than two stories;
(ii) For lots of 20° or greater: No portion of the building may exceed a height greater than 14 feet above the upper lot line and 40 feet on any part of the lot's natural surface;
(iii) For lots of 11 ° to and including 19° average slope: measurement of the applicable height envelope may be pursuant to (i) or (ii). (f) Off-Street Parking. To be determined by the Commission. (g) Trash Storage. Sufficient, enclosed off-street trash storage areas shall be required to serve the project, not less than the equivalent of 30 gallons per residence. (h) Affordable Housing Contract. For new construction within this district (low/moderate), the provisions of this article shall be secured by a contract between the developer and the City.
§ 9-5.505. Housing Opportunity Site-Tremont Street Property (APN 7480-002-072). (a) It is the purpose pf this section to facilitate the development of qualifying affordable housing units by implementing Program 15 of the 6th Cycle City of Avalon Housing Element and codifying the statutory requirements found in California Government Code section 65583.2(c) governing the same.
(b) The 1.52-acre nonvacant site located on Tremont Street (APN 7480-002-072) has been identified as a housing element opportunity site intended to meet the City's share of the Regional Housing Needs Assessment (RHNA) in the 6th Cycle General Plan Housing Element.
(c) Residential development upon the Tremont Street (APN 7480-002-072) site shall be considered a by-right use and shall be processed pursuant to Government Code section 65583.2{i), without discretionary review, if all of the following requirements are met:
(1) The project site is located on a site that is listed in the 6th Cycle Housing Element pursuant to Government Code section 66583.2(a). (2) At least 20 percent of the total units provided on-site (including all base density and density bonus units) shall be reserved for low or very low income households.
(3) Residential development shall have a minimum density of 30 units per acre. (d) Residential developments approved pursuant to this section shall not be considered a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code, also known as the California Environmental Quality Act. (e) The project complies with all applicable objective City policies, development standards, and design standards established in the General Plan or Development Code. Where there is a conflict between other City requirements and this section, the provisions of this section shall apply.

Avalon Municipal Code Title 9, Chapter 9-5, Article 6
Accessory Dwelling Units
§ 9-5.601 Purpose.

The purpose of this section is to allow and regulate accessory dwelling units (AD Us) and junior accessory dwelling units (JADUs) in compliance with California Government Code sections 65852.2 and 65852.22. Chapter 13 of Division 1 of Title 7 of the California Government Code.
§ 9-5.602 Effect of Conforming.

5.603 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. § 9-5.603 Definitions.

As used in this section, terms are defined as follows:

ACCESSORY STRUCTURE
Means a structure that is accessory and incidental to a dwelling located on the same lot.

COMPLETE INDEPENDENT LIVING FACILITIES
Means permanent provisions for living, sleeping, eating , cooking , and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

EFFICIENCY KITCHEN
Means a kitchen that includes all of the following :
(a) A cooking facility with appliances.
(b) A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

LIVABLE SPACE
Means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

LIVING AREA
Means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

NONCONFORMING ZONING CONDITION
Means a physical improvement on a property that does not conform with current zoning standards.

PASSAGEWAY
Means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

PROPOSED DWELLING
Means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

TANDEM PARKING
Means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
§ 9-5.604 Approvals.

The following approvals apply to ADUs and JADUs under this section :
(a) Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection 9-5.605 below, it is allowed with only a building permit in the following scenarios:
(1) Converted on Single-family Lot: One ADU as described in this subsection 9-

5.604(a)(1) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
a. Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling ; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
b. Has exterior access that is independent of that for the single-family dwelling; and
c. Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
d. The JADU complies with the requirements of Government Code Section 65852.22. sections 66333 through 66339.
(2) Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection 9-

5.604(a)(1) above), if the detached ADU satisfies each of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. b. The total floor area is 800 square feet or smaller.
c. The peak height above grade does not exceed the applicable height limit in subsection 9-5.605(b) below.
(3) Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms , boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection 9-5.604(a)(3), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25% of the existing multifamily dwelling units.
(4) Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot that has an existing or with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies ootR-fill_of the following limitations:
a. The side- and rear-yard setbacks are at least three feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.
b. The peak height above grade does not exceed the applicable height limit provided in subsection 9-5.605(b) below.
c. If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. (b) ADU Permit.
(1) Except as allowed under subsection 9-5.604(a) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections 9-5.605 and 9-5.606 below. (2) The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance.

The ADU-permit processing fee is determined by the Director of Community Development and approved by the City Council by resolution . (c) Process and Timing.
(1) An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
(2) The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
a. The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
b. When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new singlefamily or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.
(3) If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection 9-5.604(c)(2) above.
(4) A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time . § 9-5.605 General ADU and JADU Requirements.

5.604(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. (3) In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences .
(b) Height.
(1) Except as otherwise provided by subsections 9-5.605(b)(2) and 9-

5.605(b)(3) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height. (2) A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.
(3) A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.
(4) An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection 9-5.605(b)(4) may not exceed two stories. (5) For purposes of this subsection 9-5.605(b), height is measured above from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.
(c) Fire Sprinklers.
(1) Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
(2) The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.
(d) Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created . (e) No Separate Conveyance. An ADU or JADU may be rented , but, except as otherwise provided in Government Code Section 66341 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). (f) Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified , within the last 10 years. (g) Owner Occupancy.
(1) ~ADUs created under this section on or after January 1, 2020 that is permitted after January 1, 2020, but before January 1, 2025, fS are not subject to any owner-occupancy requirement.
(2) Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence .
{3+-(2) As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection 9-5.605(9)(3) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
(h) Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the Director (or their designee) and filed with the Planning Department. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
(1) Except as otherwise provided in Government Code Section 66341 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. (2) The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.
(3) The deed restriction runs with the land and may be enforced against future property owners.
(4) The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction , an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated . Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed , but is only eliminated by virtue of having a necessary component of an ADU or JADU removed , the remaining structure and improvements must otherwise comply with applicable provisions of this Code. (5) The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. (i) Income Reporting . In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 6633065852.2, the following requirements must be satisfied:
(1) With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
(2) Within 90 days after each January 1 yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90- day period , the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.

U) Building & Safety.
(1) Must comply with building code. Subject to subsection 9-5.605U)(2) below, all ADUs and JADUs must comply with all local building code requirements . (2) No change of occupancy. Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or Code Enforcement Officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection 9-5.6050)(2) prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section .
§ 9-5.606 Specific ADU Requirements.

The following requirements apply only to ADUs that require an ADU permit under subsection 9-5.604(b) above.
(a) Maximum Size.
(1) The maximum size of a detached or attached ADU subject to this subsection 9-5.606 is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
(2) An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50% of the floor area of the existing primary dwelling. (3) Application of other development standards in this subsection 9-5.606, such as FAR or lot coverage, might further limit the size of the ADU , but no application of the percent-based size limit in subsection 9-5.606(a)(2) above or of an FAR, front setback, lot coverage limit, or open-space requirement may require the ADU to be less than 800 square feet.
(b) Floor Area Ratio (FAR). No ADU subject to this subsection 9-5.606 may cause the total FAR of the lot to exceed 45%, subject to subsection 9-5.606(a)(3) above. ( c) Setbacks .
(1) An ADU that is subject to this subsection 9-5.606 must conform to a 3-foot front-yard setback, subject to subsection 9-5.606(a)(3) above. (2) An ADU that is subject to this subsection 9-5.606 must conform to 3-foot side- and rear-yard setbacks.
(3) No setback is required for an ADU that is subject to this subsection 9-5.606 if the ADU is constructed in the same location and to the same dimensions as an existing structure.
(d) Lot Coverage. No ADU subject to this subsection 9-5.606 may cause the total lot coverage of the lot to exceed 50% , subject to subsection 9-5.606(a)(3) above. (e) Minimum Open Space. No ADU subject to this subsection 9-5.606 may cause the total percentage of open space of the lot to fall below 50% , subject to subsection 9-

Each window and door must either be located where there is no direct line of sight or screened using fencing, landscaping, or privacy glass to prevent a direct line of sight.
(6) All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least six feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.
(7) The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
(i) Landscape Requirements. Landscaping shall comply with the objective requirements of the underlying zone. E11ergreen landscape screening must be planted and maintained between the ADU and adjacent parcels as follows :
(1) At least one 15 gallon size plant shall be pro•,ided for e11ery fi'.'e linear feet of exterior •Nall. Alternati11ely, at least one 24" box size plant shall be pro11ided for e11ery ten linear feet of exterior wall.
(2) Plant specimens must be at least six feet tall •,,·hen installed. As an alternati\1e, a solid fence of at least 6 feet in height may be installed. (3) All landscaping must be drought tolerant.
(j) Allowed Stories. No ADU subject to this subsection 9-5.606 may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subsection 9-5.605(b)(4).
§ 9-5.607 Fees.

The following requirements apply to all ADUs that are approved under subsections 9-

5.604(a) or 9-5.604(b) above.
(a) Impact Fees.
(1) No impact fee is required for an ADU that is less than 750 square feet in size.

For purposes of this subsection 9-5.607(a), "impact fee" means a "fee" under the Mitigation Fee Act (Gov. Code§ 66000(b)) and a fee under the Quimby Act (Gov.

Code§ 66477). "Impact fee" here does not include any connection fee or capacity charge for water or sewer service.
(2) Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g ., the floor area of the ADU, divided by the floor area of the primary dwelling , times the typical fee amount charged for a new dwelling.) (b) Utility Fees.
(1) If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required. (2) Except as described in subsection 9-5.607(b)(1 ), converted ADUs on a singlefamily lot that are created under subsection 9-5.607(a)(1) above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required . (3) Except as described in subsection 9-5.607(b)(1 ), all AD Us that are not covered by subsection 9-5.607(b)(2) require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city.

All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider.
a. The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b. The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service.
§ 9-5.608 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.
(a) Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition , building code violation , or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.
(b) Unpermitted ADUs constructed before 2020W4-8.
(1) Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020~ . if denial is based on either of the following grounds:
a. The ADU violates applicable building standards, or
b. The ADU does not comply with the state ADU law (Government Code section 65852.2) or this ADU ordinance (AMC 9-5.6). (2) Exceptions:
a. Notwithstanding subsection 9-5.608(b)(1) above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2020~ . if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. protect the health and safety of the public or of occupants of the structure.
b. Subsection 9-5.608(b)(1) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.
§ 9-5.609 Nonconforming ADUs and Discretionary Approval.

Any proposed ADU or JADU that would otherwise be allowed under this this section but does not conform to the objective standards set forth in subsections 9-5.601 through 9-

5.608 of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.

MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
September 16, 2025
Fire
Michael Alegria, Fire Chief
AGENDA ITEM: ·7
CITY MANAGER: ~
Motorola Portable APX8000 Series Radio Procurement
RECOMMENDED ACTION(S): 1. Make the affirmative finding to exempt this procurement from competitive bidding requirements due to utilization of cooperative bidding procedures as outlined in Avalon Municipal Code Section 3-4.111 (d). 2. Authorize the City Manager, and/or his designee, to execute a contract with Motorola Solutions to purchase four (4) new portable Motorola APX 8000 Radios for a not-to-exceed sum of $65,000 as budgeted in the City's Fiscal Year 2025-26 Capital Improvement Plan, Project #254501 , Account #10245-6547.

REPORT SUMMARY: In 2024 the City of Avalon Fire Department, sunset use of the City owned and operated low-band radio system. The system was not reliable and City Staff were having difficulty locating parts to service equipment no longer in production.

In 2024 the City executed a subscription agreement with LA RICS - Los Angeles Regional Interoperable Communications System. Through the subscription service, the City has its own channels dedicated to the Island. The subscription services drastically improved overall radio coverage.

In order to better utilize the LA RICS service, the City has been replacing its radio inventory through donations from other fire stations. To date, LA County Fire has provided 20 and West Covina has provided 18 APX 7000 radios. These radios have been utilized in the Fire Department's apparatus fleet and been provided to key personnel.

More radios are needed. At the time this report was authored , the Fire Department has solicited grant funding to support the procurement of additional radios ; however, if awarded, the funding will only support radio purchases for "seated positions," and not the total number of radios needed for department personnel.

The Fiscal Year 2025-26 Capital Improvement Budget has $100,000 allocated for new radios.

Utilizing cooperative procurement as outlined in Avalon Municipal Code Section 3-4.111 the City of Avalon requested quotes from Motorola Solutions for new radios. Motorola Solutions is an authorized vendor for LA County Fire, and will honor the discounted LA County Fire contract price under contract #18105-LA County, CA MA-IS - 2240228. The discounted base bid proposal from Motorola Solutions for four (4) new radios is $61 ,307.59. This base bid includes the necessary hardware, some accessories, and licensing, software and programming and network updates.

City Staff request the City Council make the affirmative finding to exempt this procurement from competitive bidding requirements due to utilization of cooperative bidding procedures as outlined in Avalon Municipal Code Section 3-4.111 (d). City Staff further requests the City Council authorizes the City Manager, and/or his designee, execute a contract with Motorola Solutions to purchase four (4) new portable Motorola APX 8000 Radios in the amount not-to-exceed sum of $65,000. Additional funding from the base bid is requested for potential accessory upgrades and/or potential shipping cost. This procurement is budgeted in the City's Fiscal Year 2025-26 Capital Improvement Plan, Project #254501 , Account #10245-6547.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City of Avalon Fire Department will not have necessary equipment to support emergency operations.

FOLLOW UP ACTION: Implementation of City Council direction.

FISCAL IMPACTS: Project is budgeted at $100,000 in the Fiscal Year 2024-25 Capital Improvement Plan (CIP Project #254501 Account 10245-6547).

ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENT: Quote.

G MOTOROLA SOLUTIONS
Billing Address:

AVALON FIRE DEPT
PO BOX 707
AVALON, CA 90704
us
Summary:

Shipping Address:

AVALON FIRE DEPT
420 AVALON CANYON RD
AVALON, CA 90704
us
QUOTE-3224797
4 APX8000HXE Portable Radios and
accessories
Quote Date:07 /29/2025
Expiration Date:09/27 /2025
Quote Created By:

Jeff Ashton
Senior Account Manager
jeff.ashton@
motorolasolutions.com
954-605-3762
End Customer:

AVALON FIRE DEPT
Michael Alegria
[email protected]
310.510-0220
Contract: 18105 - LA COUNTY, CA MAIS-2240228
Any sales transaction resulting from Motorola's quote is based on and subject to the applicable Motorola Standard Terms and Conditions, notwithstanding terms and conditions on purchase orders or other Customer ordering documents.

Motorola Standard Terms and Conditions are found at www.motorolasolutions.com/product-terms.

Line # Item Number Description Qty List Price Sale Price Ext. Sale Price 1a
1b
1c
1d
1e
1f
1g
1h
1i
APXr" 8000 Series APX8000HXE
H91TGD9PW9AN APX 8000H All BAND 4 $9,613.00 $7,017.49 $28,069.96 PORTABLE MODEL 3.5
Q806CB ADD: ASTRO DIGITAL CAI 4 $607.00 $443.11 $1,772.44

OPERATION
Q361AN ADD: P2S 9600 BAUD 4 $3S3.00 $257.69 $1 ,030.76

TRUNKING
QA02006AD PORTABLE RADIO ENH: 4 $942.00 $687.66 $2,750.64 APX8000HXE RUGGED RADIO
QA00580AA ADD: TOMA OPERATION 4 $530.00 $386.90 $1,547.60 QA03400AA DEL: FCC NARROWBANDING 4 $0.00 $0.00 $0.00

MANDATE
QS3AF ADD: FRONT PANEL 4 $177.00 $129.21 $516.84

PROGRAMMING & CLONING
Q887AU ADD: SY ESSENTIAL SERVICE 4 $306.00 $306.00 $1 ,224.00 QA09008AA ADD: GROUP SERVICES 4 $177.00 $129.21 $516.84 QA09007AA ADD: OUT OF THE BOX WIFI 4 $0.00 $0.00 $0.00

PROVISIONING
Any sales tra nsaction following Motorola's quote is based on and subject to the terms and cond1t1ons of the valid and executed wntten contract between Customer and Motorola (the ""Underlying Agreement "" ) that authorizes Customer to purchase equipment and/or services or hcense software (collect1vely ""Products"" }. If no Underlying Agreement exists between Motorola and Customer, then Motorola's Standard Terms of Use and Motorola's Standard Terms and Conditions of Sales and Supply shall govern the purchase of the Products.

Motorola Solutions. Inc. 500 West Monroe, United States - 6066 1 - # : 36-1115800

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Avalon City CouncilSeptember 16, 2025

Avalon City Council
September 16, 2025