Avalon City Zoning Code
CHAPTER 9
3 General Provisions
§ 9-3.101 Authority for This Title.
[Ord. 672]
This title is adopted pursuant to § 7 of Article XI of the Constitution of the State of California, and in compliance with the requirements of the Planning Law, Title 7, of the Government Code.
§ 9-3.102 Short Title.
[Ord. 672]
This title shall be known as the "Zoning Ordinance."
§ 9-3.103 Purpose.
[Ord. 672]
It is the purpose of this title to encourage, classify, designate, regulate, restrict, and segregate the highest and best location and use of buildings, structures, and land to serve the needs of residences, commerce, industry, and other purposes in appropriate places; to regulate and limit the height, number of stories and size of buildings and other structures, hereafter designed, erected or altered; to regulate and determine the size of yards and other open spaces; to regulate and limit the density of population; to facilitate adequate provisions for community utilities, such as transportation, water, sewage, schools, parks and other public requirements; to lessen congestion on streets, to promote the public health, safety, welfare and general prosperity with the aim of preserving a wholesome, serviceable and attractive community. This title shall also assist the implementation of the City's General Plan and other precise plans.
§ 9-3.104 Prohibition.
[Ord. 672]
A person shall not use any premises in any zone except as hereafter specifically permitted in this title and subject to all the regulations and conditions enumerated in this title.
§ 9-3.201 Minimum Requirements of This Title.
[Ord. 672]
In interpreting and applying the provisions of this title the Planning Commission and/or City Council shall be held to the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
§ 9-3.202 Replacement of Other Ordinances.
[Ord. 672]
The provisions of this title shall not be deemed or construed to repeal, amend, modify, alter or change any other ordinance or any part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this title is more restrictive than such other ordinance, or part thereof, and that in all particulars wherein this title shall remain in full force and effect.
§ 9-3.203 Reference to Any Portion of This Title.
[Ord. 672]
Whenever reference is made to any portion of this title, or of any other law or ordinance, the reference applies to all amendments and additions now or hereafter made.
§ 9-3.204 Compliance with Other Ordinances and Laws.
[Ord. 672]
Nothing in this title shall be construed to authorize the use of any lot or parcel of land in violation of this title or any other applicable statute, ordinance or regulation.
§ 9-3.205 Severability of Any Portion of This Title.
[Ord. 672]
If any provisions or portion of any provision of this title, or the application thereof to any person or circumstances, is held invalid the remainder of the title and the application of such provision to other persons or circumstances shall not be affected thereby.
§ 9-3.206 Continuation of Previously Granted Ordinances.
[Ord. 672]
All exceptions heretofore granted pursuant to the provisions of Ordinance No. 286, as amended, shall be deemed to exist hereafter as variance pursuant to Chapter 9-8, Article 4 (Variances and Conditional Use Permits), and shall be subject to all the conditions and provisions governing such variances upon the effective date of this title.
§ 9-3.207 Continuation of Previously Granted Permits.
[Ord. 672, as amended by § 1, Ord. 741, eff. July 7, 1983]
All uses authorized by permit, license or other approval heretofore lawfully existing under Ordinance No. 286, as amended, shall continue in effect until revoked or terminated and shall be continued under this title and shall be subject to all conditions governing such permit, license or approval.
§ 9-3.208 Continuation of Existing Nonconforming Uses.
[Ord. 672]
Any use established or conducted, or any building or improvement lawfully existing as a nonconforming use prior to the effective date of this title pursuant to Ordinance No. 286, as amended, shall be deemed to be continued under this title except as noted in Chapter 9-8, Article 7.
§ 9-3.209 Lawfully Established Uses Made Nonconforming Because of Changes in Standards of Development.
[Ord. 672]
A use which is not in violation of any provisions of this title and is a nonconforming use only because it does not meet the requirements of the standards of development may be changed or expanded as provided in Article 7, Chapter 9-8, (nonconforming uses) subject to all other provisions of this title or any other ordinance or law.
§ 9-3.210 Procedure Regarding Pending Proceedings.
[Ord. 672]
When prior to the effective date of this title and pursuant to Ordinance No. 286, as amended, an action has been taken under any of the following conditions, such action shall be deemed to have been taken pursuant to the provisions of this title and shall be processed, insofar as possible, in accordance with the provisions of this title: (1) an application has been filed; (2) the Commission has determined on its own initiative to hold a meeting.
§ 9-3.211 License Approval Continued.
[Ord. 672, as amended by § 2, Ord. 741, eff. July 7, 1983]
The rights given by the permit, license or other approval under any ordinance repealed by this title shall continue in effect, except that exercise of such rights shall be subject to the provisions of this title which are not inconsistent therewith.
§ 9-3.212 Violations of Previous Ordinance.
[Ord. 672]
Any use established or conducted, or any building or improvement existing, in violation of Ordinance No. 286, as amended, upon the effective date of this title, shall not be deemed to have acquired the status of a nonconforming use by reason of the adoption of this title, or any provisions thereof. To the extent that such use, building or improvement was a violation of Ordinance No. 286, as amended, or any other ordinance, statute or law, or is in violation of this title, it shall be deemed a continuing violation.
§ 9-3.213 Conviction of Crime Continued.
[Ord. 672]
Any conviction for a crime under any ordinance which is repealed by this title, which crime is continued as a public offense by this title, constitutes a conviction under such repealed ordinance.
§ 9-3.214 Repeals.
[Ord. 672]
Ordinance No. 286, as amended.
§ 9-3.301 Administration and Enforcement.
[Ord. 672]
The Planning Commission is hereby vested with the duty of administrating and the power to enforce this title.
§ 9-3.302 Regulation of Power or Duty by the Commission.
[Ord. 672]
Whenever by ordinance an administrative power is granted to or an administrative duty imposed upon the Commission, the Commission may authorize or instruct its representative to exercise such administrative power, or perform such administrative duty. The Commission shall exercise all such powers and perform all such duties as instructed by the City Council.
§ 9-3.303 Assumption of Power or Duty of Peace Officer.
[Ord. 672]
Whenever a power is granted to, or a duty imposed upon a public officer by this title, the power may be exercised or the duty may be performed by the commission, a deputy of the public officer, or a person authorized, pursuant to law or ordinance, by said officer, unless this title provides otherwise.
§ 9-3.401 Gender.
[Ord. 672]
When consistent with the context, words in the masculine gender include the feminine and neuter genders.
§ 9-3.402 May.
[Ord. 672]
May is permissive.
§ 9-3.403 Oath.
[Ord. 672]
Oath includes affirmation.
§ 9-3.404 Plural.
[Ord. 672]
When consistent with the context, words in the plural include the singular.
§ 9-3.405 Shall.
[Ord. 672]
Shall is mandatory.
§ 9-3.406 Singular.
[Ord. 672]
When consistent with the context, words in the singular number shall include the plural.
§ 9-3.407 Tenses.
[Ord. 672]
When consistent with the context, words used in the present tense include the past and future tenses, and words in the future tense include the present tense.
§ 9-3.601 "A" Definitions.
[Ord. 672]
Shall mean two or more lots or parcels of land sharing a common boundary line.
Shall mean the place or way by which pedestrians and vehicles shall have safe, adequate, and suitable ingress or egress to a property or use as required by this Code.
Shall mean a building or part of building not exceeding 12 feet in height, the use of which is incidental to that of the main building, structure, or use on the same lot. Where an accessory building is a part of, or joined to, the main building, such accessory building shall be counted as part of the main building.
Shall mean two or more lots or parcels of land separated by a street or alley or recorded easement or otherwise in close proximity.
Shall have the same meaning as sign.
Shall mean both the Planning Commission and the Director of Planning, having authority to approve, conditionally approve, or disapprove tentative and parcel maps and tentative tract maps as delegated by this Code (Division of Land).
Shall mean public or private way, at the rear or side of property permanently reserved as a means of secondary access to abutting property.
Shall mean the same as "veterinary clinic".
Shall mean a room or suite of two or more rooms in a multiple dwelling occupied or suitable for occupancy as a residence for one family; not transient in nature.
Shall mean five or more apartment units on one site.
Shall mean the total area of a parcel or lot, including any proposed public highways, streets, or alleys or other public sites.
Shall mean the area of a parcel or lot, excluding any proposed public highways, streets or alleys, or other public sites.
Shall mean the repair, replacing of, or adding of, parts to motor vehicles and electric carts.
Shall mean an area which provides for the servicing of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and lubricants, automobile washing and grease racks, but excluding body and fender work, painting, repair and rebuilding of electrochemical batteries or other work of a similar nature.
For acreage, shall be determined by dividing the project area into 1/4 acre quadrants and computing the average slope in lots above. Each quadrant will thus be designated for its own average slope.
For lots, shall be determined by adding the degree of slope of both lot lines running from the top of the lot to the bottom and dividing by two.
In any case, average slope shall be computed on the natural grade, prior to any construction activities.
§ 9-3.602 "B" Definitions.
[Ord. 672; § 1, Ord. 1101-10, eff. January 6, 2011]
Shall mean the base zoning designation established by the City Development Code, including any combined districts established by the Code.
Shall mean a space wholly or partly underground, and having more than 1/2 of its height, measuring from its floor to its ceiling, below the average adjoining grade; if the finished floor level directly above a basement is more than five feet above grade at any point, such basement shall be considered a story. A basement shall not be occupied for sleeping purposes, except by a conditional use permit.
Shall mean the following:
For existing construction, developments and structures, "bedroom" shall mean a room which meets all of the following specifications: has a minimum square footage of 70 square feet; has a minimum ceiling height of seven feet, six inches; has at least one window meeting the egress requirements of the Building Code currently adopted by the City; does not have a connecting door to a garage; and has a smoke detector.
For any future new development, or for the remodeling or reconstruction of an existing bedroom, "bedroom" shall mean a room which meets all of the following specifications: has a minimum square footage of 70 square feet; has a minimum ceiling height of seven feet six inches; has at least one window meeting the egress requirements of the Building Code currently adopted by the City; has a closet containing a rod and shelf; does not have a connecting door to a garage; and has heat and a smoke detector.
If an addition does not meet all of the above requirements, the room may not legally function as a bedroom and thus would not require a water allocation. |
Shall mean the ground areas designed or proposed to be occupied by all buildings and structures on a lot.
Shall mean any fixed structure consisting of wall(s) and roof built and maintained for the support, shelter or enclosure of persons, animals, chattels or property of any kind.
Shall mean those building elevations which face upon a public street or parking area between such building and said street.
Shall mean a building within which is conducted the principal use permitted on the lot, as provided by this Code.
§ 9-3.603 "C" Definitions.
[Ord. 672, as amended by § 3, Ord. 741, eff. July 7, 1983; § 1, Ord. 774, eff. December 17, 1984; § 1, Ord. 775, eff. January 21, 1985; § 1, Ord. 863-91, eff. April 18, 1991]
Shall mean a structural, ornamental roof-like appendage, freestanding or attached to a building, which extends over public or private walkways, driveways, etc.
Shall mean a permanent roofed structure with not more than two enclosed sides used or intended to be used for automobile/electric car shelter and shelter.
Shall have the same meaning as "basement."
Shall mean land used or intended to be used for the burial or interment of the dead and dedicated for cemetery purposes. Cemetery includes columbaria crematories, and mausoleums, and may include mortuaries, and chapels when operated in conjunction with and within the boundary of such cemetery.
Shall mean a line established by the City Engineer and designed as "Center Line," "Proposed Center Line," "Adopted Center Line," or "Construction Center Line," on a series of maps entitled, "County Surveyor Filed Maps" on file in the office of the County Engineer. For the purposes of this title, where two or more such designations are shown on and in said series of maps for such line, the line labeled "Proposed Center Line" is deemed to be the official center line. Where the County Surveyor Filed Maps do not show one or more of the designations listed above, then for purposes of determining the applicable building height under Title 9, all measurements to be made from the "center line" shall be made from the center of the existing driven way.
Shall mean the City of Avalon.
Shall mean the City Council of the City of Avalon.
Shall mean the City Manager of the City of Avalon.
Shall mean land areas where vegetation has been removed to the extent that native soil is disturbed.
Shall mean a facility organized and operated for social and food vending purposes and possessing outdoor recreational facilities such as golf courses, tennis courts, or swimming pools.
Shall mean any building or premises used by an association of persons, whether incorporated or unincorporated, organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
Shall mean the planning and developing of land so that houses are grouped or clustered together, leaving the remaining land undivided for common use. The zoning district development standards, such as lot area and dimensions, setbacks, outdoor living area, shall not apply, but the overall density allowed will remain the same.
Shall mean a Code of the City of Avalon.
Shall mean the Planning Commission of the City of Avalon.
Shall mean any structure or device forming a physical barrier between two or more dwelling units or between a dwelling unit and a public or quasi-public space (laundry rooms, recreation rooms, garages, etc.). Construction of a common wall shall be of one of the following types: (a) Cavity Wall - two standard construction, parallel walls separated by a two inch air space as per current Uniform Building Laws; (b) Staggered Stud - A wall in which studs are staggered, so that each stud makes contact with only one wall surface, as per current Uniform Building Laws.
Shall mean a permit issued by the Commission to engage in an activity allowed by this chapter after obtaining said permit. Said permit may contain special mitigating requirements as a condition of approval, and shall only be granted after the completion of a public hearing held in accordance with applicable State law.
Shall refer to the ownership of single units in a multi-unit project with common elements.
Shall mean a residential condominium, community apartment house, or stock cooperative project, as the case may be.
Shall mean the same as "hospital".
Shall mean the County of Los Angeles.
Shall mean the open, unoccupied space, bounded on two or more sides by the walls of a building. An inner court entirely enclosed within the exterior walls of a building.
Shall mean an excavation of the earth.
§ 9-3.604 "D" Definitions.
[Ord. 672]
Shall mean any family residence, non-institutional in character, providing non-resident daycare for not more than fourteen children, and shall be read as incorporating the definitions of "large family daycare home" and "small family daycare home" as those terms are defined in Health and Safety Code section 1596.78 and as may be amended from time to time.
[Amended 12-7-2021 by Ord. No. 1203-21, eff. January 6, 2022]
Shall mean land deeded to the City and legally accepted as such for public use.
Shall mean the number of dwelling units that may be constructed per acre or per square foot of lot area.
Shall mean: (a) street alignment, grades and widths; (b) drainage and sanitary facilities, including alignments and grades thereof; (c) location and size of all required easements and rights-of-way; (d) fire roads and breakways; (e) lot size and configuration; (f) traffic access; (g) grading; (h) land to be dedicated for park or recreational purposes; and (i) such other specific requirements in the plan and configuration of the entire subdivision as may be necessary or convenient to insure conformity to or specific plan implementation of the General Plan.
Shall mean the same as "guest house".
Shall mean the ground area of a building, together with all the open space required by this title. A building site may encompass more than one lot.
Shall mean an animal which is commonly maintained in residence with humans.
Shall mean a building or buildings consisting of rental rooms with a centralized kitchen facility shared by the tenants. Bathrooms may be private or common.
Shall mean a paved access to required off-street parking facility, having not less than 10 feet in paved width and not encumbered by any properties to a height of not less than eight feet above the ground.
Shall mean one or more habitable rooms which are intended or designed to be occupied by one family with facilities for living and the cooking and/or preparation of food.
Shall mean a building designed or used exclusively for occupancy by three or more families and containing three or more dwelling units.
Shall mean a building designed or used exclusively for occupancy by one family and containing one dwelling unit.
Shall mean a building designed or used exclusively for occupancy by two families and containing two dwelling units.
§ 9-3.605 "E" Definitions.
[Ord. 672]
Shall mean public and other non-profit institutions conducting regular academic instruction at preschool, kindergarten, elementary, secondary schools and non-profit research institutions. Such institutions must either (a) offer general academic instruction equivalent to the standards prescribed by the State Board of Education; or (b) conduct research. This definition does not include schools, academies or institutes, incorporated or otherwise which operate for a profit, nor does it include commercial or trade schools.
Shall mean work made necessary to restore property to a safe condition required to protect persons or property from an imminent exposure to danger, or work by private or public utilities when restoring utility service.
Shall mean a person who is trained in the application of geological data and principles of engineering problems dealing with naturally occurring rock and soil for the purpose of assuring that geological factors are adequately considered in engineering practice.
Shall mean any act by which earth, sand, gravel, rock, or any other similar material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bull-dozed, and shall include the conditions resulting therefrom.
§ 9-3.606 "F" Definitions.
[Ord. 672, as amended by § 4, Ord. 741, eff. July 7, 1983; § 1, Ord. 1984-09, eff. June 4, 2009]
Shall mean any number of persons living together in a room or rooms comprising a single dwelling unit and related by blood, marriage or adoption, or bearing the generic character of a family unit as a relatively permanent single household, including servants and other live-in employees, who reside therein as though members of the family. Any group of persons not related by blood, marriage or adoption but inhabiting a dwelling unit, shall for the purpose of this chapter be considered to constitute one family if a bona fide single household, including servants and other live-in employees, contained in such group.
Shall mean any structural device forming a physical barrier which is so constructed that not less than 90% of the vertical surface is open to permit the transmission of light, air and vision through said surface in a horizontal plane. This shall include wire mesh, steel mesh, chain link, louvered glass, stade, and other similar materials. Planting shall be regulated to maintain the required open areas in said fence structure. (For board or other solid barriers, see "wall".)
Shall mean any act by which earth, sand, gravel, rock or any other similar material is deposited, placed, pulled or transported by man, and shall include the conditions resulting therefrom.
Shall mean a map prepared in accordance with the provisions of this title and designed to be placed on record in the Office of the County Recorder.
Shall mean a lot in the approximate configuration of an "L", with the leg or pole functioning primarily as an access way to the main body of the lot. In no case may the pole portion be less than 15 feet in width, except that if the pole directly abuts a pole of an abutting lot, the minimum width may be 10 feet per lot.
Shall mean the sum of the gross areas of all interior space unless specifically excluded from this definition of the several floors of a building, measured from the interior wall surfaces, including (1) stairwells; (2) carports, porches, and balconies where there is a full roof over the feature and greater than 45% enclosure on three sides, including glass enclosures; (3) basements and attics where the ceiling height is seven feet or greater or otherwise qualify as a story; and (4) enclosed garages, but excluding from the calculation that area within an enclosed garage equal to the dimensions of an autoette or full-sized vehicle parking space, as appropriate under the planning approvals.
Shall mean a family and up to six children cared for as foster children, or up to six mentally disordered or otherwise handicapped persons, provided in such case the total number of persons living in the dwelling unit does not exceed eight persons, and further providing that the keeping of the persons is licensed by the State of California as a full-time foster care home, family care home, or group home.
Shall mean that portion of a parcel of property which abuts a public or approved private street.
§ 9-3.607 "G" Definitions.
[Ord. 672]
Shall mean a completely enclosed, detached accessory building, or a portion of a main building on the same lot as a dwelling for the housing of vehicles of the occupants of the dwelling.
Shall mean any garage other than a private garage.
Shall mean the adopted General Plan of the City of Avalon, including elements, amendments and additions.
Shall mean excavation or fill or any combination thereof, and shall include the conditions resulting from any excavation or fill.
Shall mean an accessory building with living accommodations for guests. Said building shall not be rented, and shall have no kitchen, except by a conditional use permit.
Shall mean any property operated as a ranch which offers guest rooms or cottages for rent or hire and which has outdoor recreational facilities such as horseback riding, swimming, hiking, tennis, or golf.
§ 9-3.608 "H" Definitions.
[Ord. 672; § 1, Ord. 851, eff. January 4, 1990]
Shall mean shrubbery or trees planted and maintained in such a manner as to create a physical barrier.
Shall mean the vertical distance from the lot's natural surface to the highest point of the building.
Shall mean a major highway shown as such on the Circulation Element of the General Plan of the City of Avalon.
Shall mean a secondary highway shown as such on the Circulation Element of the General Plan of the City of Avalon.
Shall mean any lot which has an average slope of more than 15° but less than 40°.
Shall mean any business, employment or service function pursued for gain that is conducted within a dwelling unit by one or more resident family members where no retail business is conducted and no sign, merchandise, or other articles are displayed for advertising purposes and no more than two assistants are employed.
Shall mean any institution, place, building, or agency licensed by the Department of Public Health or Mental Hygiene of the State of California, which maintains and operates organized facilities for the diagnosis, care, and treatment of human illness, including convalescence, and care during and after pregnancy. Hospital includes sanitarium, convalescent home and nursing home.
Shall mean one or more buildings containing guest rooms with each room or set of rooms having a separate entrance, leading directly from a common area.
Shall mean any project which proposes living units that will be used exclusively by transients. Any unit so proposed may contain kitchen facilities with conditional use permit procedures.
§ 9-3.609 "I" Definitions.
[Ord. 672]
Shall mean any project which creates four or fewer additional residential units.
§ 9-3.610 "J" Definitions.
[Ord. 672]
(Reserved)
§ 9-3.611 "K" Definitions.
[Ord. 672]
Shall mean any space within a building designed, intended to be used for the cooking or the preparation of food.
§ 9-3.612 "L" Definitions.
[Ord. 672]
Shall mean a man-made structure, improvement or covering that prevents 75% of the normal precipitation from directly reaching the surface of the land underlying the structure, improvements or covering. Such structures, improvements or coverings include roofs.
Shall mean the planting and continued maintenance of ornamental plant material.
Shall mean: (a) horses, which term includes all equine; (b) cows, which term includes all bovine; (c) goats, which term includes all bovine. Any female with her offsprings, and/or recently born young of the same species whom she is nursing, shall be considered as one animal until weaned.
Shall mean an off-street space or berth on the same lot with a main building or contiguous to a group of buildings, for the temporary parking of commercial vehicles while loading or unloading, and which has access from a street, alley or other permanent means of ingress or egress.
Shall mean:
A parcel of real property with a separate and distinct number or other designation shown on a plat recorded in the Office of the County Recorder; and/or
A parcel of real property delineated on an approved record of survey, lot split, or subparceling map as filed in the Office of the County Recorder or the Department of Planning, and abutting at least one public street, private easements; and/or
A parcel of real property containing not less area than required by the district in which it is located, abutting at least one public street and held under separate ownership from adjacent property prior to the effective date of this Code.
Shall mean the horizontal distance between the front and the rear lot lines, measured in the mean direction of the side lot lines.
Shall mean a line separating an interior lot from a street or a line separating the narrower street frontage of a corner lot from the street.
Shall mean a lot line which is opposite and most distant from the front lot line. For a triangular or goreshaped lot, the rear lot line shall mean a line 10 feet in length within the lot which is parallel to the chord of a curved front lot line, and at the maxi-mum distance from the front lot line.
Shall mean any lot boundary line which is not a front lot line or a rear lot line.
Shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.
Shall mean a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not
Shall mean a lot other than a corner lot.
Shall mean a lot having a frontage on two dedicated streets, not including a corner or reversed corner lot. The Director shall determine which frontage or frontages shall be considered as the "lot front" or "lot frontages" for purposes of compliance with yard and setback provisions of this Code.
§ 9-3.613 "M" Definitions.
[Ord. 672; § 1, Ord. 851, eff. January 4, 1990; § 2, Ord. 1003-01, eff. December 20, 2001; § 3, Ord. 1150-16, eff. January 5, 2017]
Shall mean a person, firm or agency representing the owner of a transient rental property, or a person, firm or agency owning more than one property which is used for transient rental, and includes a person or entity which is both an owner and a "managing agent" of the same property.
Shall mean an imaginary line drawn from the maximum building height permitted at the furthest corner of the lowest point of the building through the point at which the maximum height at the upper lot line is set by this Code, as demonstrated in Appendix C.
Shall mean any heating, cooling, venting, or similar equipment or appurtenance servicing a structure.
Shall mean any facility providing physical, dental, or mental health service, and medical or surgical care of the sick or injured, but shall not include inpatient or overnight accommodations. Medical clinic includes health center, health clinic, and doctors' offices.
Any project that is a temporary use of land or structures that is a permitted use in the zone and has a specific duration not to exceed 30 days, or any project that meets all of the following requirements:
[Amended 6-1-2021 by Ord. No. 1196-21, effective 7-1-2021]
The project only requires approval of a site plan and does not require a variance, conditional use permit, coastal development permit, zoning or general plan amendment, or other permit, entitlement, or approval necessitating Planning Commission or City Council review;
The project does not create an additional bedroom or kitchen;
The project does involve the expansion of the exterior walls of any structure resulting in an addition of 70 sq. ft. or more;
The project does not create a fence that is higher than six feet, higher than 42 inches on a corner lot along the adjacent street, or inside a setback;
The project does not create a new structure where none previously existed;
The project does not create a deck, balcony or overhang which requires a variance and/or encroachment permit;
The project either has no potential for resulting in physical change in the environment, directly or indirectly, and is not a project for purposes of the California Environmental Quality Act ("CEQA"), or is otherwise exempt or excepted from CEQA and does not require a negative declaration, mitigated negative declaration, or environmental impact report; and
The project does not create or increase any nonconforming condition or use.
Shall mean any area or tract of land where space is rented or sold to owners or users of mobile homes or mobile coaches.
Shall have the same meaning as "hotel."
Shall mean a self-propelled device by which any person or property may be propelled, moved, or drawn upon a street, excepting a device moved by human power or used exclusively upon stationary rails or tracks.
§ 9-3.614 "N" Definitions.
[Ord. 672]
Shall apply to lots, uses, and structures which were legal under the previous Code, but do not meet the standards of this Code.
Shall mean any structure or improvement that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the structure or improvement is located.
Shall mean any use of land or property that was lawfully established and in compliance with all applicable ordinances and laws at the time this title or any amendment thereto became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zone in which the use is located.
Shall mean public or private educational facilities for pre-school children.
§ 9-3.615 "O" Definitions.
[Ord. 672]
Shall mean the installation or construction of facilities outside the boundaries of a private parcel or lot, such as street paving, curbs and gutters, sidewalks, street trees, street lights, street signs, sewers, utilities, and drainage structures.
Shall mean any space or area that is open and unobstructed from the ground upward, except for permitted encroachments, and is not used for private streets, drive-ways, parking or loading.
Shall mean the individual, firm, association, syndicate, partnership, or corporation having sufficient property interest in a portion of land, and while used herein in the masculine gender and singular number, it shall be deemed to mean the feminine and neuter gender and plural number whenever required.
§ 9-3.616 "P" Definitions.
[Ord. 672]
Shall mean an area of contiguous land owned by a person(s).
Shall mean a map prepared and submitted for any subdivision creating four parcels or less and for those subdivisions containing five or more parcels under those conditions contained in Chapter 9-2.
Shall mean an area of land shown as a separately bounded area on a recorded subdivision plat or deed, or a number of contiguous areas of land owned by a person, all of which are shown as separately bounded areas on a recorded subdivision plat or deed.
Shall mean any parcel as it existed and was defined by boundaries at the effective date of the Development Code.
Shall mean an open area, other than a street, used for the parking of automotive vehicles.
Shall mean an area, other than a private parking area or street, used for the parking of vehicles and available for renumeration.
Shall mean a space exclusive of driveways, ramps, columns, loading areas, or work areas, within a building or open parking area for the parking of one automobile.
Shall mean outdoor recreation activities that are non-structured in nature (picnicking, sightseeing, nature study areas, etc.).
Shall mean any recreation area projection not in excess of six inches above the approved grade. Any other recreation area projection in excess of six inches above the approved grade is a deck or balcony, and may not encroach into required setbacks without obtaining a variance.
Shall mean a person, firm, association, copartnership, joint venture, corporation, or any entity, public or private in nature, other than the City of Avalon.
Shall mean any structure, improvement or surface which allows at least 75% of the normal precipitation to reach the ground surface underlying it. (Antonym: impervious surface).
Shall mean the planning, construction or implementation and operation of any use of structure, or a combination of uses and structures, on a single parcel of land based on a comprehensive and complete design or plan treating the entire complex of land structures and uses as a single project.
The City Manager shall serve as the Planning Director unless a Director is otherwise designated by action of the City Council.
Shall mean any body of water measuring more than 18 inches deep at its deepest point, whether above or below the surface of the ground. Said pool shall not be located in any required front or street side yard.
§ 9-3.617 "Q" Definitions.
[Ord. 672]
(Reserved)
§ 9-3.618 "R" Definitions.
[Ord. 672, as amended by § 2, Ord. 775, eff. January 21, 1985]
Shall mean the Recorder of the County of Los Angeles.
Shall mean a building or portion thereof designed or used for human habitation.
Shall mean a residential complex in which an undivided interest in the land, either in fee simple or a term of years, is coupled with the right of exclusive occupancy in an apartment located therein.
Shall mean an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential complex located on such real property. A residential condominium may include, in addition, a separate interest in other portions of such real property. Such estate may, with respect to the duration of its enjoyment, be either: (i) an estate of inheritance or perpetual estate; (ii) an estate for life; or (iii) an estate for years, such as a leasehold or a subleasehold.
Shall mean a residential complex which is owned, or to be owned, by a corporation ("cooperative housing corporation") which is formed or availed of primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the share or shares of stock or memberships in the corporation held by the person having such right of occupancy.
Shall mean any project of five additional units or greater.
Shall mean a home offering or providing lodging, meals, nursing, dietary, or other personal services to convalescents, invalids, or aged persons, but does not include surgery or the care of persons with contagious or communicable diseases. "Rest home" includes convalescent home and home for the aged.
Shall mean a business of selling goods, wares, or merchandise directly to the ultimate consumer.
Shall mean an unsubdivided portion of the interior of a dwelling unit, excluding bathrooms, closets, hallways, and service porches.
Shall mean one room which does not contain cooking facilities and is designed, used or intended to be used as temporary sleeping accommodations for any person.
Shall mean a lodging house or other building or structure maintained, advertised, or held out to the public as a place where sleeping or rooming accommodations are furnished to the whole, or any part, of the public whether with or without meals.
Shall mean a residence which shares a common side wall or walls with another residence.
§ 9-3.619 "S" Definitions.
[Ord. 672, as amended by § 5, Ord. 741, eff. July 7, 1983; § 2, Ord. 774, eff. December 17, 1984; § 1, Ord. 851, eff. January 4, 1990; §§ 3, 4, Ord. 948-97, eff. January 1, 1998; § 1, Ord. 1136-15, eff. April 16, 2015]
Shall mean the same as "automobile service station".
Shall mean the minimum horizontal distance between the lot line and the structure line, or a line parallel to the lot line if there is no structure.
Shall mean a collection of individual stores standing on separate lot/parcels along street frontage or clustered in a contiguous area, with or without off-street parking.
Shall mean any physical form of visual communication which is intended to be viewed from public areas, which is temporarily or permanently affixed to a building or stationary object. Any structures or building appurtenances which are or were at one time used for such visual communication and which do not have any other legitimate function are also hereby defined as signs. In addition, the definition of a sign shall include all parts, portions, units, and materials composing same, together with the illumination, frame, background, structure and support and anchorage therefor. This definition applies to interior window signs and flashing lights, but does not apply to the display of merchandise in the interior of a premises provided such displayed merchandise is available for sale or substantially similar to merchandise available for purchase but not displayed.
ANNOUNCEMENT SIGNShall mean a sign intended to direct attention to the nature of construction on the premises.
BANNERShall mean a sign generally made of flexible material, usually cloth, paper, or plastic, temporary in nature.
BILLBOARD AND OUTDOOR ADVERTISING SIGNShall mean a sign usually designed for use with changing advertising copy, and which is normally used for the advertisement of goods produced or services rendered at locations other than the premises on which the sign is located.
CONTRACTOR'S SIGNShall mean a sign stating the names of those individuals or firms directly connected with the construction project. Said sign may include the name of the city in which their business is located and emergency telephone numbers.
DIRECTIONAL SIGNShall mean a sign erected for the purpose of informing the viewer of the approximate route, direction, or location of a given goal, not including advertising.
FLAGS AND PENNANTSShall mean devices generally made of flexible materials, usually cloth, paper, or plastic, and displayed on strings. They may or may not contain any copy and are primarily intended to draw attention; temporary in nature.
FLASHING SIGNShall mean a sign which contains or is illuminated by lights which are intermittently on and off, change in intensity, or which create the illusion of flashing in any manner.
FREESTANDING SIGNShall mean a sign standing on the ground, not attached to a building. Signs mounted flat on legitimate walls or legitimate architectural extensions (such as wing walls, pergolas, etc.) will not be considered freestanding.
ILLUMINATED SIGNShall mean a sign in which a source of light is used in order to make readable the message. This definition shall include internally and externally lighted signs, reflectorized, glowing, or radiating signs.
MOVING OR ROTATING SIGNShall mean a sign or device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation, special lighting, or wind actuated devices.
OFF-PREMISES SIGNShall mean a sign identifying a business or product at some location other than the property where the sign is displayed.
Shall mean a sign located on same parcel with the business or product being identified or advertised.
PERMANENT IDENTIFICATIONShall mean a sign which directs attention to a principal business, profession, industry, or building located on the premises upon which the sign is displayed.
PLACED OR DISPLACEDShall include erected, constructed, posted, painted, printed, tacked, glued, carved, or otherwise fastened, fixed or made visible in any manner whatsoever. This shall include changing the copy or color on existing signs, but shall not include maintenance and repainting of existing copy in the same color.
PRODUCT ADVERTISINGShall mean a sign or portion of a sign which directs attention to accessory or secondary products or services sold on the premises by specific name, brandname, trademark, or logo; temporary in nature.
PROMOTIONAL SIGNShall mean a sign intended to direct attention to a special event or product; temporary in nature.
SIGN AREAShall mean the surface space within a single contiguous perimeter containing words, letters, figures or symbols, together with any frame, material or color forming an integral part of the display, but excluding support structures, face of building, and incidental parts not drawing attention to the subject matter.
SIGN HEIGHT, MAXIMUMShall mean the distance of the average surface grade immediately surrounding the base of the sign to the top of its highest element, including any structural element.
SIGN HEIGHT, MINIMUMShall mean the distance of the average surface grade immediately surrounding the base of the sign to the bottom of its lowest element, including any structural element.
SIGN STRUCTUREShall mean a structure which supports or is capable of supporting any sign. A sign structure may be a single pole or may or may not be an integral part of the building.
TEMPORARY SIGNShall mean a sign constructed of paper, cloth, canvas, vinyl, or other similar lightweight material, with or without frames, including painted windows (except for lettering of the name of the business, its location or owners).
UNDER-CANOPY SIGNShall mean a lighted sign attached to the underside of a canopy projecting over public or private sidewalks or rights-of-way.
WINDOW SIGNShall mean a sign painted, attached, glued, or otherwise affixed to or near a window and designed to be viewed from adjoining streets.
Shall mean a facility providing six or more dwelling units where each unit has a minimum floor area of 190 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.
Shall mean a lot or parcel of land or a series of lots or parcels of land joined together under one ownership.
Shall mean a plan, prepared to scale, showing accurately and with complete dimensions, all of the uses proposed for a specific parcel of land. The data contained on said plan shall include information on all buildings, structures, signs (whether on or separated from the main buildings) landscaping, walls and fences, parking, access, vehicular circulation, loading and lighting. In addition thereto, the site plan shall include such other data as may be necessary to clearly define the intended use of the subject property, and other such information as may be required by the Commission.
Shall mean a civil engineer licensed by the State and experienced in soil mechanics and slope stabilities whose qualifications shall be acceptable to the City Engineer.
Shall mean a stable for horses to be let, hired, or used on a commercial basis.
Shall mean a stable for horses to be used by the owners thereof.
Shall mean any lot which has an average slope of 40° or greater.
Shall mean a space in a building between the surface of any floor and the surface of the floor next above, or if there be no floor above, then the space between such floor and the ceiling or roof above.
Shall mean a public thoroughfare or right-of-way dedicated, deeded or condemned for use as such, other than an alley, which affords the principal means of access to abutting property, including avenue, place, way, drive, lane, road, and other thoroughfare except as excluded in this Code.
Shall mean any land not dedicated as a public street over which a private easement for road purposes has been recorded and used or intended to be used for ingress to or egress from a lot or lots which may or may not have frontage on a public street.
Shall mean any change in or alteration to the structure of a building involving a bearing wall, column, beam or girder, floor or ceiling joints, roof rafters, roof diaphragms, foundations, piles, retaining walls, or similar components.
Shall mean anything constructed or built, any edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, which requires location on the ground or is attached to something having a location on the ground.
Shall mean the division of any improved or unimproved land, shown on the latest equalized County Assessment Roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether considered as contiguous units even if it is separated by roads, services, utility easement, or railroad rights-of-way.
The conveyance of land to a government agency, public entity, or public utility could not be considered a division of land for purposes of computing the number of parcels.
Shall mean grading done under the supervision of a Soils Engineer.
§ 9-3.620 "T" Definitions.
[Ord. 672]
Shall mean a use of land or structures not intended to be of permanent duration and having a specific time period.
Shall mean a map made for the purpose of showing the design of a proposed subdivision and need not be based on an accurate or detailed final survey of the property.
§ 9-3.621 "U" Definitions.
[Ord. 672]
Shall mean the purpose for which land or a building is arranged, designed, or intended, or for which either land or building is or may be occupied or maintained; and shall mean any human activity involving the changing of topography of the land, erection of buildings, or structures, the creation of land coverage, subdivision of land, the construction of drainage ways or conduits, removal or destruction of rare or endangered species of vegetation or wildlife, the transmission of storm or waste water and any other similar activity; or the maintenance of any activity upon land.
§ 9-3.622 "V" Definitions.
[Ord. 672]
Shall mean a modification of a literal provision of this title, granted by an administrative or quasi-judicial act in accordance with the provisions of this title.
Shall mean any living plant organism, such as grasses, chaparral, brush, shrubs, trees.
Shall mean a facility in which animals no larger than the largest breed of dog receives medical or surgical treatment, clipping, bathing, or similar services. No overnight boarding of animals is permitted, other than those requiring emergency treatment or those recovering from surgery or anesthetic.
§ 9-3.623 "W" Definitions.
[Ord. 672]
Shall mean any structure or device forming a physical barrier, which is so constructed that 10% or more of the vertical surface is closed and prevents the passage of light, air, and vision through said surface in a horizontal plane. This shall include concrete, concrete block, wood, or other materials that are solid and are so assembled as to form a solid barrier.
§ 9-3.624 "X" Definitions.
[Ord. 672]
(Reserved)
§ 9-3.625 "Y" Definitions.
[Ord. 672]
Shall mean any open space on the same lot with a building or a dwelling group, which open space is unoccupied and unobstructed from the ground upward to the sky, except for the projections and/or accessory buildings for structures permitted by this Code.
Shall mean a space between the front yard setback line and the front lot line, street easement, and extending the full width of the lot.
Shall mean a space between the rear yard setback line and the rear lot line, extending the full width of the lot.
Shall mean a space extending from the front yard, or from the front line where no front yard is required by this Code, to the rear yard, or rear lot line, between a side lot line and the side yard setback line. Interior side yard shall mean a side yard not abutting a street. Street side yard shall mean a side yard abutting a street.
§ 9-3.626 "Z" Definitions.
[Ord. 672]
(Reserved)