Avalon, CA Zoning Ordinance

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§ 9-5.101 Designation of Residential Zones.

[Ord. 672]

(a)

LD Low Density Residential and Low Intensity Recreational.

(b)

MD Multiple Residential - Medium Density.

(c)

HD Multiple Residential - High Density.

(d)

L/M Low and Moderate Income Housing.

§ 9-5.102 Intent and Purpose.

[Ord. 672]

The residential zones are established to provide residential districts of varying population densities that are compatible within each category for the purpose of family living permitted therein, and including the necessary appurtenant and accessory facilities and uses associated with such living areas.

§ 9-5.103 Inclusionary Requirements.

[Ord. 672]

Any residential tract development of greater than four units developed in LD, MD and HD zones shall be subject to the low and moderate income housing requirements of Chapter 9-11.

§ 9-5.201 Intent and Purpose.

[Ord. 672]

The intent of the LD zone is to provide a framework to guide and control the development of the sloping, undeveloped areas surrounding the urbanized areas of Avalon. Currently, the land is very sparsely developed with residential structures. There is a high degree of public interest in this area because of the visual quality that these perimeter slopes contribute to the overall ambience of the City. Thus, regulation is intended to minimize grading and landform alteration.

In reviewing and approving site plans and tract maps for the development of the area, the City Planning Commission shall be guided by the goals and policies of the General Plan, and the General Development and Use Standards specified herein. The Commission shall not permit variance from those standards unless it finds that such variance meets the intent of the original standards.

Finally, it is intended that the LD zone will lead to the creation of an area exhibiting the following characteristics:

(a)

Residential uses of various densities.

(b)

Low intensity recreational uses which will increase available recreational opportunities to the public.

§ 9-5.202 Principal Uses Permitted.

[Ord. 672]

(a)

Detached residential structures on slopes under 30°.

(b)

Outdoor recreation including, but not limited to, parks and other areas of passive recreational usage, trails, and other suitable corridors open to the public and areas for the preservation of outstanding scenic, geologic, historical and cultural value.

(c)

The preservation of natural resources, including, but not limited to, areas required for preservation of plant and animal life.

(d)

Small and large daycare facilities, as those terms are defined by Health and Safety Code section 1596.78 and as may be amended from time to time.

[Added by Ord. No. 1203-21, eff. January 6, 2022]

§ 9-5.203 Accessory Uses Permitted.

[Ord. 672]

Premises in the LD zone may be used for accessory uses provided such uses are established on the same lot or parcel of land and are incidental to and do not substantially alter the character of any permitted principal 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.

§ 9-5.204 Uses by Conditional Use Permit.

[Ord. 672, as amended by § 3, Ord. 775, eff. January 21, 1985; § 1, Ord. 1060-07, eff. October 4, 2007]

Premises in the LD zone may be used for the following purposes provided a conditional use permit has first been obtained, pursuant to the provisions of this chapter.

(a)

Detached dwelling units on slopes 30° and over.

(b)

Clustered or attached dwelling units, including congregate housing projects.

(c)

Churches on slopes under 50°.

§ 9-5.205 Standards of Development.

[Ord. 672; §§ 4, 5, Ord. 852-U, eff. January 4, 1990; § 3, Ord. 944-97, eff. June 6, 1997]

Premises in the LD zone shall be subject to the development standards prescribed in this section and those standards contained in Chapter 9-7 (General Standards of Development).

(a)

Maximum Permitted Density.

(1)

Ten dwelling units per acre for slopes under 30°.

(2)

Five dwelling units per acre for slopes from 30° to 50°.

(3)

One dwelling unit per acre for slopes 50° or more.

(4)

Clustered developments up to 10 dwelling units per acre for slopes under 30°.

(5)

Density transfer can be permitted to a maximum density of 20 units per acre under a conditional use permit provided it does not exceed overall density of 10 units per acre.

(b)

Minimum Permitted Lot Area:

Single family detached dwelling units - each lot or parcel of land created after the adoption of this title shall have a minimum lot size of 4,400 square feet. These minimum lots shall be multiplied by two for lots with slopes of 30° to 50°, and by 10 for lots with slopes of more than 50°.

Single family attached - No minimum, however, no more than 30 residential building lots per acre will be allowed, provided that overall project density does not exceed 10 dwelling units per acre for slopes under 30°.

(c)

Minimum Permitted Lot Width. Single family detached dwelling units - each lot or parcel created after adoption of this title shall have a minimum width of 50 feet.

(1)

Single family attached dwelling units - no minimum.

(2)

Other uses - to be determined by the Commission.

(d)

Minimum Required Setbacks.

(1)

A seventy-five-foot setback from the center line of major Zoning Districts Map. The distance shall follow the natural grade. This is not to exclude the locating, where necessary, of roads for public safety, utility, or service uses provided such are sited, landscaped, and maintained in a manner consistent with preserving the scenic value of these ridgelines.

(2)

Front, Side and Rear Setbacks - 10 feet. Where the lower property line of a hillside or a steep hillside lot is adjacent to a public street, there shall be a maximum height of 14 feet from the lot's surface (as measured from the center line of the nearest adjacent street and extending as a vertical plane to the lot's existing surface as of January 1, 1990), along a distance equal to 1/8 the length of the lot plus the setback required for the zone (as measured through the center line of the lot back from the street side setback).

(e)

Building Bulk.

(1)

Maximum Permitted Height.

(i)

For lots of 14° 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 hillside lots, as defined: No portion of the building may exceed a height greater than 14 feet above the upper lot line and 32 feet on any part of the lot's natural surface, and shall not be more than three stories.

(iii)

For steep hillside lots, as defined: No portion of the building may exceed a height greater than 14 feet above the upper lot line and 40 feet above any part of the lot's natural surface. The number of stories allowed shall be determined by the applicable Building Code requirements.

(2)

Maximum permitted lot coverage.

(i)

Single family detached and other uses: 40% of gross lot area.

(ii)

Single family attached: 40% of gross lot area.

(3)

Maximum permitted floor area.

(i)

Single family detached and other uses: 80% of gross lot area - two level; 120% of gross lot area - three level.

(ii)

Single family attached: 80% of gross tract area - two level; 120% of gross area - three level.

(f)

Off-Street Parking. One off-street parking space shall be required for each dwelling unit.

(g)

Trash Storage.

(1)

Single family detached - one enclosed, off-street trash storage area shall be required for each dwelling unit.

(2)

Single family attached and other uses - sufficient enclosed, off-street trash storage areas shall be required to serve the project.

§ 9-5.301 Intent and Purpose.

[Ord. 672]

The MD Zone is established in order to provide for residential areas wherein two family dwelling units per lot or parcel are permitted. Additional uses, necessary and incidental to residential development, are also permitted.

§ 9-5.302 Principal Uses Permitted.

[Ord. 672, as amended by § 4, Ord. 775, eff. January 21, 1985]

Premises in the MD zone may be used for the following principal uses:

(a)

Single family detached units; and

(b)

Two family dwelling units, excluding any congregate housing projects.

(c)

Small and large daycare facilities, as those terms are defined by Health and Safety Code section 1596.78 and as may be amended from time to time.

[Added by Ord. No. 1203-21, eff. January 6, 2022]

§ 9-5.303 Accessory Uses Permitted.

[Ord. 672]

Premises in the MD zone may be used for accessory uses provided such uses are established on the same lot or parcel of land and are incidental to and do not substantially alter the character of any permitted principal 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.

§ 9-5.304 Uses by Conditional Use Permit.

[Ord. 672, as amended by § 5, Ord. 775, eff. January 21, 1985; § 2, Ord. 788, eff. February 12, 1986]

Premises in the MD zone may be used for the following purposes providing a conditional use permit has first been obtained:

(a)

Churches;

(b)

Civic or public buildings;

(c)

Utility substations;

(d)

Parking lots;

(e)

Private recreation facilities; and

(f)

Single family attached dwelling units, including cluster housing and congregate housing projects.

(g)

Time-share projects.

§ 9-5.305 Standards of Development.

[Ord. 672; §§ 6, 7, Ord. 851, eff. January 4, 1990; § 1, Ord. 855-U-90, eff. April 5, 1990; § 2, Ord. 935, eff. October 17, 1996; § 4, Ord. 944-97, eff. June 6, 1997]

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 20 units per acre.

(b)

Permitted Lot Area. Each lot or parcel created after the adoption of this title shall have a minimum size of 4,400 square feet.

When single family attached dwelling units are permitted under a conditional use permit, minimum lot size standards are not applicable.

(c)

Minimum Permitted Lot Width. Each lot or parcel created after the adoption of this title shall have a minimum lot width of 50 feet.

(d)

Minimum Required Setbacks. The minimum required for lots of 14° average slope or less shall be 10 feet. Where the lower property line of a hillside or a steep hillside lot is adjacent to a public street, there shall be a maximum height of 14 feet from the lot's surface (as measured from the center line of the nearest adjacent street and extending as a vertical plane to the lot's existing surface as of January 1, 1990), along a distance equal to 1/8 the length of the lot plus the setback required for the zone (as measured through the center line of the lot back from the street side setback).

(e)

Building Bulk.

(1)

Maximum Permitted Heights.

(i)

For lots of 14° 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)

(iii)

(2)

Maximum Permitted Lot Coverage: 50% of gross lot area.

(3)

Maximum Permitted Floor Area:

(i)

14° Average Slope or Less: 100% of gross lot area - two level; 150% of gross lot area - three level.

(ii)

Hillside and Steep Hillside Lots: 70% of gross lot area - two level; 120% of gross lot area - three level.

(f)

Off-Street Parking. One off-street parking space shall be required for each dwelling unit.

(g)

Trash Storage.

(1)

One enclosed, off-street trash storage area shall be required for each lot.

(2)

Single family attached and other uses - sufficient enclosed, off-street trash storage areas to serve the project.

§ 9-5.401 Intent and Purpose.

[Ord. 672]

The HD zone is established to provide residential areas where multiple dwelling units per lot are permitted utilizing density and development standards as the variables for units permitted.

§ 9-5.402 Principal Uses Permitted.

[Ord. 672, as amended by § 6, Ord. 775, eff. January 21, 1985]

Premises in the HD zone may be utilized for the following principal uses:

(a)

Multiple family dwelling units, excluding any congregate housing projects.

(b)

Single family dwelling units.

(c)

Small and large daycare facilities, as those terms are defined by Health and Safety Code section 1596.78 and as may be amended from time to time.

[Added by Ord. No. 1203-21, eff. January 6, 2022]

§ 9-5.403 Accessory Uses Permitted.

[Ord. 672]

Premises in the HD 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 principal 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.

§ 9-5.404 Uses by Conditional Use Permit.

[Ord. 672, as amended by § 7, Ord. 775, eff. January 21, 1985; § 3, Ord. 788, eff. February 12, 1986; Ord. 1116-12, eff. November 16, 2012; § 4, Ord. 1136-15, eff. April 16, 2015]

(a)

Churches.

(b)

Civic or public buildings.

(c)

Utility substations.

(d)

Parking lots.

(e)

Hotels, motels and boarding houses with employee housing as provided in Chapter 9-11.

(f)

Congregate housing projects.

(g)

Time-share projects.

(h)

Restaurants/bar/cafes in a hotel existing prior to October 16, 2012.

(i)

Single room occupancies.

§ 9-5.405 Standards of Development.

[Ord. 672; §§ 8, 9, Ord. 851, eff. January 4, 1990; § 3, Ord. 855-U-90, eff. April 5, 1990; § 2, Ord. 935-96, eff. October 17, 1996; § 5, Ord. 944-97, eff. June 6, 1997; § 3, Ord. 945-97, eff. October 16,1997]

Except as provided in § 9-5.406, premises in the HD Zone shall be subject to the development standards described in this section and those standards contained in Chapter 9-7 (General Standards of Development).

(a)

Maximum Permitted Density. The maximum permitted density shall be 40 units per acre.

(b)

Minimum Permitted Lot Area. Each lot or parcel of land created after adoption of this title shall have a minimum lot size of 2,200 square feet.

(c)

Minimum Lot Width. Each lot or parcel of land created after adoption of this title shall have a minimum width of 25 feet.

(d)

Minimum Required Setbacks. Minimum required setbacks shall be three feet except hillside and steep hillside lots shall have a minimum required setback of five feet. When the lower property line of a hillside or a steep hillside lot is adjacent to a public street, there shall be a maximum height of 14 feet from the lot's surface (as measured from the center line of the nearest adjacent street and extending as a vertical plane to the lot's existing surface as of January 1, 1990), along a distance equal to 1/8 the length of the lot plus the setback required for the zone (as measured through the center line of the lot back from the street side setback).

(e)

Building Bulk.

(1)

Maximum Permitted Heights.

(i)

For lots of 14° 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)

(iii)

(2)

Maximum Permitted Lot Coverage: 80% of the gross lot area; hillside and steep hillside lots: 70% of the gross lot area.

(3)

Maximum Permitted Floor Area:

(i)

Lots of 14° or Less: 130% - two level; 180% - three level.

(ii)

Hillside and Steep Hillside Lots: 100% - two level; 150% - three level.

(f)

Off-Street Parking. One off-street parking space shall be required for each dwelling unit.

(g)

Trash Storage. One enclosed, off-street trash storage area shall be required for each lot.

§ 9-5.406 Standards of Development for Designated Area in HD Zone.

[§ 4, Ord. 945-97, eff. October 16, 1997; §§ 1, 2, Ord. 968-99, eff. September 2, 1999; § 1, Ord. 1065-08, eff. March 6, 2008]

Premises in the HD zone located in the area bordered by Clemente Avenue northwest of Third Street to Tremont Street, Sumner Avenue northwest of Beacon and Tremont Street (southwest side only) as shown on the map in Appendix A, on a lot which is less than 2,200 square feet shall be subject to the development standards described in this section and those standards contained in Chapter 9-7 (General Standards of Development).

(a)

Maximum Permitted Density. As described in § 9-5.405(a).

(b)

Minimum Permitted Lot Area. To qualify under this § 9-5.406, a lot must be less than 2,200 square feet and created prior to the adoption of this title so as to be legally nonconforming.

(c)

Minimum Lot Width. As described in § 9-5.405(a), unless legally nonconforming.

(d)

Minimum Required Setbacks.

(1)

Properties Which Abut an Alley. Except as provided herein, where the property abuts an alley, there shall be not less than a three-foot setback on one side and a minimum twelve-inch setback on the opposite side. A zero foot sideyard setback may only be allowed on the property line if the adjoining property (a) has been developed to the adjoining property line and the owner thereof agrees in a recorded document that upon demolition of the existing 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.

(2)

Properties Which Do Not Abut an Alley. Where the property does not abut an alley, there shall be not less than a three-foot setback on one side and the rear, and, except as provided herein, a minimum twelve-inch setback on the opposite side of the three-foot setback. A zero-foot setback on the opposite side may only be allowed if the adjoining property (a) has been developed to the adjoining property line and the owner thereof agrees in a recorded document that upon demolition of the existing property it shall be reconstructed with the same zero-foot setback or (b) 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.

(3)

Sideyard Setback Standards. Notwithstanding subsections (1) and (2) above, no sideyard setback of less than three feet shall be approved unless the Avalon Fire Department determines that the development as proposed will not result in increased fire hazard. In all instances where less than a three-foot sideyard setback is proposed, the Planning Commission shall consider the extent to which the proposed development will interfere with or affect use of the existing adjoining property and any future development of the adjacent property. The City shall cause notice to be sent to the owners of the properties to either side of the subject property whenever the proposed development includes less than a three-foot sideyard setback on either side, even though a variance is not required according to the provisions of the Code.

(4)

Number of Stories Permitted and Limitations. Second, and third stories, if permitted by variance, shall maintain not less than a ten-foot setback from the front property line, excluding decks, balconies and architectural features which are designed in such a way as to limit massing.

(e)

Building Bulk.

(1)

Maximum Permitted Heights. As described in § 9-5.405(e)(1)(i).

(2)

Maximum Permitted Lot Coverage: 90% of the gross lot area.

(3)

Maximum Permitted Floor Area: 130%.

(4)

Maximum Permitted Stories: Two. A third story may be approved by variance, provided the Planning Commission shall give due consideration to architectural features designed to limit massing.

(f)

Off-Street Parking. One autoette space if the development proposal consists of the addition of square footage equal to 50% or more of the square footage of the existing or previously existing structure.

(g)

Trash Storage. As described in § 9-5.405(g).

§ 9-5.501 Intent and Purpose.

[Ord. 672; amended 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

The L/M 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.

[Ord. 672; amended 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

(a)

Low and moderate income housing as defined in Chapter 9-11.

(b)

Parks.

(c)

Mobile home parks.

§ 9-5.503 Accessory Uses Permitted.

[Ord. 672; amended 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

Premises in the L/M 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.

[Ord. 672; amended § 4, Ord. 1136-15, eff. April 16, 2015; 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

(a)

Low and moderate income housing with density bonus.

(b)

Single room occupancies.

§ 9-5.505 Standards of Development.

[Ord. 672; amended § 2, Ord. 935-96, eff. October 17, 1996; § 6, Ord. 944-97, eff. June 6, 1997; 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

(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.

§ 9-5.506 Housing Opportunity Site - Tremont Street Property (APN 7480-002-072).

[Added 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

(a)

It is the purpose of 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.

§ 9-5.601 Purpose.

[Ord. No. 1173-19, effective 3-21-2019; amended 3-2-2020 by Ord. No. 1185-20, effective 4-1-2020; 3-2-2021 by Ord. No. 1194-21, effective 4-1-2021; 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023; 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

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.

JUNIOR ACCESSORY DWELLING UNIT or JADU

Means a residential unit that satisfies all of the following:

(a)

It is no more than 500 square feet in size.

(b)

It is contained entirely within an existing or proposed single-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.

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:

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

Has exterior access that is independent of that for the single-family dwelling; and

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

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:

The side- and rear-yard setbacks are at least three feet.

The total floor area is 800 square feet or smaller.

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:

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.

The peak height above grade does not exceed the applicable height limit provided in subsection 9-5.605(b) below.

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:

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

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 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 1/2 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)

ADUs 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 and Safety.

(1)

Must Comply with Building Code. Subject to subsection 9-5.605(j)(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 9-5.605(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 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 three-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 three-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.

(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:

The ADU is located within 1/2 mile walking distance of public transit, as defined in subsection 9-5.603 above.

The ADU is located within an architecturally and historically significant historic district.

The ADU is part of the proposed or existing primary residence or an accessory structure under subsection 9-5.604(a)(1) above.

When on-street parking permits are required but not offered to the occupant of the ADU.

When there is an established car share vehicle stop located within one block of the ADU.

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.

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 ADUs on a single-family 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.

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.

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.

[Added 1-17-2023 by Ord. No. 1210-23, effective February 16, 2023; amended 10-21-2025 by Ord. No. 1228-25, eff. 11-13-2025]

(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:

The ADU violates applicable building standards, or

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:

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.

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 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.

§ 9-5.701 SB 9 Two-Unit Projects.

[Added 4-5-2022 by Ord. No. 1206-22, effective May 4, 2022]

(a)

Purpose. The purpose of this section is to allow and appropriately regulate two-unit projects in accordance with Government Code section 65852.21.

(b)

Definition. A "two-unit project" means the development of two primary dwelling units or, if there is already a primary dwelling unit on the lot, the development of a second primary dwelling unit on a legally subdivided lot in accordance with the requirements of this section.

(c)

Application.

(1)

Owners.

Only individual property owners may apply for a two-unit project. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corp, S corp, etc.) except for a community land trust (as defined by Rev. & Tax Code § 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Rev. & Tax Code § 214.15).

Any person with a mortgage interest in the lot to be split under this section must sign the application and the parcel map indicating the person's consent to the project.

(2)

An application for a two-unit project must be submitted on the City's approved form.

(3)

The applicant must obtain a certificate of compliance with the Subdivision Map Act and the implementing regulations in this code for the lot and provide the certificate with the application.

(4)

Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days after the application is submitted.

(5)

The City may establish a fee to recover its costs for adopting, implementing, and enforcing this section of the code, in accordance with applicable law. The City Council may establish and change the fee by resolution. The fee must be paid with the application.

(d)

Approval.

(1)

An application for a two-unit project is approved or denied ministerially, by the planning director, or their designee, without discretionary review.

(2)

The ministerial approval of a two-unit project does not take effect until the City has confirmed that the required documents have been recorded, such as the deed restriction and easements.

(3)

The approval must require the owner and applicant to hold the City harmless from all claims and damages related to the approval and its subject matter.

(4)

The approval must require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Code.

(e)

Requirements. A two-unit project must satisfy each of the following requirements:

(1)

Map Act Compliance. The lot must have been legally subdivided.

(2)

Zone. The lot is in the LD (Low Density Residential and Low Intensity Recreational) zone.

(3)

Lot Location.

The lot is not located on a site that is any of the following:

Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters.

A wetland.

Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing fire and building code standards.

A hazardous waste site that has not been cleared for residential use.

Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards.

Within a 100-year flood hazard area, unless the site has either:

Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction, or

Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.

Within a regulatory floodway, unless all development on the site has received a no-rise certification.

Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan.

Habitat for protected species.

10.

Land under conservation easement.

The purpose of subparagraph (e)(3)a above is merely to summarize the requirements of Government Code section 65913.4(a)(6)(B)—(K). (See Gov. Code § 66411.7(a)(3)(C).)

The applicant must provide evidence that the requirements of Government Code section 65913.4(a)(6)(B)—(K) are satisfied.

(4)

Not Historic. The lot must not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a City or county landmark or as a historic property or district.

(5)

No Impact on Protected Housing.

The two-unit project must not require or include the demolition or alteration of any of the following types of housing:

Housing that is income-restricted for households of moderate, low, or very low income.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (Gov. Code §§ 7060-7060.7) at any time in the 15 years prior to submission of the urban lot split application.

Housing that has been occupied by a tenant in the last three years.

As part of the two-unit project application, the applicant and the owner of a property must provide a sworn statement by affidavit representing and warranting that subparagraph (e)(5)a above is satisfied.

The sworn statement must state that:

No housing that is income-restricted for households of moderate, low, or very low income will be demolished or altered.

No housing that is subject to any form of rent or price control will be demolished or altered.

No housing that has been withdrawn from rental or lease under the Ellis Act at any time in the last 15 years will be demolished or altered.

No housing that has been occupied by a tenant in the last three years will be demolished or altered.

The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.

(6)

Unit Standards.

Quantity.

No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under this section of this code, an ADU, or a JADU.

A lot that is not created by an urban lot split may have a two-unit project under this section, plus any ADU or JADU that must be allowed under state law and the City's ADU ordinance.

Unit Size.

The total floor area of each primary dwelling built that is developed under this section must be:

Less than or equal to 800 square feet; and

More than 500 square feet.

A primary dwelling that was legally established on the lot prior to the two-unit project and that is larger than 800 square feet is limited to the lawful floor area at the time of the two-unit project. The unit may not be expanded.

A primary dwelling that was legally established prior to the two-unit project and that is smaller than 800 square feet may be expanded to 800 square feet after or as part of the two-unit project.

Height Restrictions. New primary dwelling units are governed by the height restriction imposed by the underlying zone. This height restriction shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area.

Demo Cap. The two-unit project may not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last three years.

Setbacks.

Generally. All setbacks must conform to those objective setbacks that are imposed through the underlying zone.

Exceptions. Notwithstanding subparagraph (e)(6)e above:

Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure.

800 sf; four-foot side and rear. The setbacks imposed by the underlying zone must yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 square feet in floor area; but in no event may any structure be less than four feet from a side or rear property line.

Front Setback Area. Notwithstanding any other part of this code, dwellings that are constructed under this section must be at least 10 feet from the front property lines. The front setback area must:

Be kept free from all structures greater than three feet high;

Be at least 50 percent landscaped with drought-tolerant plants, with vegetation and irrigation plans approved by a licensed landscape architect;

Allow for vehicular and fire-safety access to the front structure.

Parking. Each new primary dwelling unit must have at least one off-street parking space per unit unless one of the following applies:

The lot is located within one-half mile walking distance of either:

A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or

A site that contains:

(AA)

An existing rail or bus rapid transit station;

(BB)

A ferry terminal served by either a bus or rail transit service; or

(CC)

The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.

The site is located within one block of a car-share vehicle location.

Architecture.

If there is a legal primary dwelling on the lot that was established before the two-unit project, any new primary dwelling unit must match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

If there is no legal primary dwelling on the lot before the two-unit project, and if two primary dwellings are developed on the lot, the dwellings must match each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

All exterior lighting must be limited to down-lights.

Landscaping. Evergreen landscape screening must be planted and maintained between each dwelling and adjacent lots (but not rights of way) as follows:

At least one 15-gallon size plant shall be provided for every five linear feet of exterior wall. Alternatively, at least one 24-inch box size plant shall be provided for every ten linear feet of exterior wall.

Plant specimens must be at least six feet tall when installed. As an alternative, a solid fence of at least six feet in height may be installed.

All landscaping must be drought-tolerant.

Utilities.

Each primary dwelling unit on the lot must have its own direct utility connection to the utility service provider.

Notwithstanding subparagraph (e)(6)i1 above, a primary dwelling unit may have a direct utility connection to an onsite wastewater treatment system in accordance with this paragraph and the City's Code. Each primary dwelling unit on the lot that is or that is proposed to be connected to an onsite wastewater treatment system must first have a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

All utilities must be underground.

Building & Safety. All structures built on the lot must comply with all current local building standards. A project under this section is a change of use and subjects the whole of the lot, and all structures, to the City's current code.

(7)

Fire-Hazard Mitigation Measures.

A lot in a very high fire hazard severity zone must comply with each of the following fire-hazard mitigation measures:

It must have direct access to a public street right-of-way with a paved street with a width of at least 20 feet. The public street right-of-way must have at least two independent points of access for fire and life safety to access and for residents to evacuate.

All dwellings on the site must comply with current fire code requirements for dwellings in a very high fire hazard severity zone.

All enclosed structures on the site must have fire sprinklers.

All sides of all dwellings on the site must be within a 150-foot hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe.

If the lot does not have a swimming pool, the lot must have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.

Prior to submitting an application for an urban lot split, the applicant must obtain a certificate of compliance with all applicable fire-hazard mitigation measures in accordance with this subpart (e)(7). The City or its authorized agent must inspect the site, including all structures on the site, and certify as to its compliance. The certificate must be included with the application. The applicant must pay the City's costs for inspection. Failure to pay is grounds for denying the application.

(8)

Separate Conveyance.

Primary dwelling units on the lot may not be owned or conveyed separately from each other.

Condominium airspace divisions and common interest developments are not permitted within the lot.

All fee interest in the lot and all the dwellings must be held equally and undivided by all individual property owners.

No timeshare, as defined by state law or this Code, is permitted. This includes any co-ownership arrangement that gives an owner the right to exclusive use of the property for a defined period or periods of time.

(9)

Regulation of Uses.

Residential-only. No non-residential use is permitted on the lot.

No STRs. No dwelling unit on the lot may be rented for a period of less than 30 days.

Owner Occupancy. Unless the lot was formed by an urban lot split, the individual property owners of a lot with a two-unit project must occupy one of the dwellings on the lot as the owners' principal residence and legal domicile.

(10)

Notice of Construction.

At least 30 business days before starting any construction of a two-unit project, the property owner must give written notice to all the owners of record of each of the adjacent residential parcels, which notice must include the following information:

Notice that construction has been authorized,

The anticipated start and end dates for construction,

The hours of construction,

Contact information for the project manager (for construction-related complaints), and

Contact information for the Building & Safety Department.

This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. Approval is ministerial. Under state law, the City has no discretion in approving or denying a particular project under this section. This notice requirement is purely to promote neighborhood awareness and expectation.

(11)

Deed Restriction. The owner must record a deed restriction, on a form approved by the City, that does each of the following:

Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.

Expressly prohibits any non-residential use of the lot.

Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot.

If the lot does not undergo an urban lot split: Expressly requires the individual property owners to live in one of the dwelling units on the lot as the owners' primary residence and legal domicile.

Limits development of the lot to residential units that comply with the requirements of this section, except as required by state law.

(f)

Specific Adverse Impacts.

(1)

Notwithstanding anything else in this section, the City may deny an application for a two- unit project if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

(2)

"Specific adverse impact" has the same meaning as in Gov. Code § 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation, or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code section 214(g).

(3)

The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact.

(g)

Coastal Regulations Apply in Full. Nothing in this section alters or lessens the effect or application of the California Coastal Act.

(h)

Remedies. If a two-unit project violates any part of this Code or any other legal requirement:

(1)

The buyer, grantee, or lessee of any part of the property has an action for damages or to void the deed, sale, or contract.

(2)

The City may:

Bring an action to enjoin any attempt to sell, lease, or finance the property.

Bring an action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.

Pursue criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both; or a misdemeanor.

Record a notice of violation.

Withhold any or all future permits and approvals.

Pursue all other administrative, legal, or equitable remedies that are allowed by law or the city's code.

Avalon City Zoning Code

CHAPTER 9

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§ 9-5.101 Designation of Residential Zones.

§ 9-5.102 Intent and Purpose.

§ 9-5.103 Inclusionary Requirements.

§ 9-5.201 Intent and Purpose.

§ 9-5.202 Principal Uses Permitted.

§ 9-5.203 Accessory Uses Permitted.

§ 9-5.204 Uses by Conditional Use Permit.

§ 9-5.205 Standards of Development.

§ 9-5.301 Intent and Purpose.

§ 9-5.302 Principal Uses Permitted.

§ 9-5.303 Accessory Uses Permitted.

§ 9-5.304 Uses by Conditional Use Permit.

§ 9-5.305 Standards of Development.

§ 9-5.401 Intent and Purpose.

§ 9-5.402 Principal Uses Permitted.

§ 9-5.403 Accessory Uses Permitted.

§ 9-5.404 Uses by Conditional Use Permit.

§ 9-5.405 Standards of Development.

§ 9-5.406 Standards of Development for Designated Area in HD Zone.

§ 9-5.501 Intent and Purpose.

§ 9-5.502 Principal Uses Permitted.

§ 9-5.503 Accessory Uses Permitted.

§ 9-5.504 Uses Permitted by Conditional Use Permit.

§ 9-5.505 Standards of Development.

§ 9-5.506 Housing Opportunity Site - Tremont Street Property (APN 7480-002-072).

§ 9-5.601 Purpose.

§ 9-5.602 Effect of Conforming.

§ 9-5.603 Definitions.

§ 9-5.604 Approvals.

§ 9-5.605 General ADU and JADU Requirements.

§ 9-5.606 Specific ADU Requirements.

§ 9-5.607 Fees.

§ 9-5.608 Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

§ 9-5.609 Nonconforming ADUs and Discretionary Approval.

§ 9-5.701 SB 9 Two-Unit Projects.