Minimum Lot Area. Unless otherwise provided in this article, the required area of a lot or parcel of land shall not be less than 2,000 square feet.

Area Accepted as the Required Area. The required area of a lot or parcel of land shall be not less than the area specified by applicable zoning standards except under the following special conditions:

The required area for said lot or parcel of land is less than one acre and the area included in the corner cut-off does not exceed 5% of the required area indicated by the zoning symbol; and

The provisions of § 9-7.201 do not apply to said lot or parcel of land.

Average Width. Average width shall mean the average width of a portion of a lot or parcel of land which portion has been the required area, or the average width of that portion of an irregularly shaped lot or parcel of land which portion is determined by the director to be an adequate building site.

Required Width. As used in this title, "required width" shall mean the average width of a lot, or parcel of land the right of possession of which, by virtue of a deed duly recorded, or by a recorded contract of sale, is vested in a person who neither owns nor has the right of possession of any contiguous parcel of property.

Partially Developed Blocks. Where some lots or parcels of land in a block are improved or partially improved with buildings, each lot or parcel of land in said block shall have a front yard depth of not less than the average depth of the front yards of land adjoining on either side. A vacant lot or parcel of land, or a lot or parcel of land having more than the front yard depth required in the zone, shall be considered for this purpose as having a front yard of the required depth.

Key Lots. The depth of the required front yard on the key lots or parcel of land shall not be less than the average depth of the required front yard of the adjoining interior lot or parcel of land and the required side yard of the adjoining reversed corner lot or parcel of land.

Width. Each interior lot or parcel of land with a lot width of 50 feet or less in zones having required side yards, shall have side yards as required by the zone, but in no event shall the width of such required side yards, in a residential zone, be less than three feet, unless a variance is obtained.

Corner or Reversed Corner Lots. Corner or reversed corner lots and parcels of land shall have side yards as required by the zone.

In addition to accessory buildings permitted by § 9-7.403 (Location of Accessory Buildings in Yards), the following structures may be erected or projected into any required yard:

The following projections may extend into a required setback:

The maximum area of land required to be so dedicated shall not exceed 25% of the area of any such lot and in no event shall such dedication reduce the lot below the required minimum lot sizes, widths and areas specified by this chapter, unless a variance for lots of lesser area, size or width has been granted as provided in this chapter.

No such dedication may be required with respect to the portion of a lot occupied by a main building.

No additional improvement shall be required on any lot where all of the following exist within the present dedication contiguous thereto and on adjoining properties on the same side of the block: complete roadway, curb, gutter, and sidewalk improvements.

Location of Parking Facilities. Required parking facilities as specified in this section shall be located:

Loading Facilities. Required loading facilities shall be located on the same lot or parcel of land as the use served.

Ingress and Egress. Required parking and loading facilities shall be provided with easily accessible and adequate ingress and egress from and to a street or alley as provided in this article.

Reduction or Encroachment.

For Uses on Separate Lots or Parcels of Land. Required parking facilities may be provided collectively for two or more buildings or uses located on separate lots or parcels of land, provided that the total area of such facilities does not equal less than the combined requirements for the individual uses.

For Uses with Varying Requirements Located on the Same Lot or Parcel of Land.

Residential Uses. Residential uses shall be one parking space per dwelling unit.

Business General. To be determined by the Commission.

Offices, Business and Professional. To be determined by the Commission.

Restaurants, Cafes, Nightclubs, Bars and Other Similar Places. To be determined by the Commission.

Schools, Accredited General Curriculum Through Grade Twelve. To be determined by the Commission.

Special Uses Including Public Uses Not Elsewhere Classified. To be determined by the Commission.

Parking Space Dimensions. The minimum size of a parking space required for a full-sized vehicle shall be a width of eight feet and a length of 17 feet. The minimum size of a parking space required for an autoette shall be a width of six feet and a length of 10 feet.

Maneuvering Areas Adjacent to Parking Spaces. Maneuvering areas adjacent to parking spaces shall be arranged in accordance with proper design standards adopted by the Planning Commission.

Required Driveways Other Than Maneuvering Areas.

Turn-around Areas. Any required garage, carport or parking space situated more than 100 feet from the street or highway from which access is taken, and served by a driveway or aisle less than 16 feet in width, shall have a motor vehicle turn-around area adjacent thereto.

Modification of Maneuvering and Parking Space Layout. The Commission may, without notice or hearing, grant a modification of the maneuvering area, parking space layout, or driveways required by this section where topographic features, subdivision plans, or other conditions, create an unnecessary hardship or unreasonable situation making it impractical to require compliance with said requirements. All requests for modifications shall be subject to the provisions of Chapter 9-8, Article 2 (Site Plan Review).

Paving. All required parking spaces, maneuvering areas and any driveways used for access thereto shall be paved with:

Marking of Parking Spaces. Wherever two or more motor vehicles require parking spaces, each space shall be clearly marked with paint or other easily distinguishable material.

Bumper Guards or Wheel Stops. Bumper guards or wheel stops, where appropriate, shall be provided for all required motor vehicle parking spaces except spaces established in a garage or carport.

Walls. (Side or rear yards.) Where required parking facilities for three or more motor vehicles are located on land in a commercial zone adjoining a residential zone, such parking facilities shall, except as otherwise provided herein, have a solid masonry wall, not less than five feet nor more than six feet in height established along the side and rear lot lines adjoining said zones except that:

Landscaping.

Lighting. Lighting of outdoor parking areas shall be arranged to prevent glare or directed illumination in any adjacent residential zone.

A sign that is not generally compatible in design with the building and the space allotted;

Roof signs (i.e., signs placed upon a roof), including inflatable signs;

Revolving signs;

Flashing, scintillating or moving signs;

Signs that project or extend above the topmost point of the roof line of the building to which they are attached;

Projecting signs which project more than four feet out over a public right-of-way;

Directly lighted signs except as otherwise provided for in this chapter; and internally lighted signs except in commercial, special commercial or resort recreation zones that do not face or front within 300 feet any residential property.

Signs, appendages or structures that endanger the safety of any person or vehicle; and

Signs that are worded, phrased or depicted in such a way which are found to arouse the prurient interest or to offend the general morals of the inhabitants of the City of Avalon.

Signs with an, iridescent, phosphorescent, day-glo, displays or other installations that include balloons, streamers or other notice attracting appendages.

House name signs and occupant's name plates identifying either the house or its occupants, or both, and which essentially take the place of a house number, are exempt from the provisions of this chapter. Such signs may include pictorial and decorative signs as well as words, but shall not exceed two square feet in area. This exemption shall not apply to an identification sign on a house in which a business is located.

Signs warning the public or identifying the location of underground communication, electric, fuel transmission lines and facilities, and signs warning public telephone service locations, are exempt from permit fee and approval as required by § 9-7.705 of this chapter.

Signs not exceeding two square feet in area identifying the presence of a security system or signs identifying that the property is protected by a security business.

Signs should be for the sole purpose of the identification of the business or the occupants of the premises unless otherwise necessary for the business.

Signs should not be located where they block the view of other existing signs.

Sign competition should be avoided if the following effects are produced:

Illumination of signs shall not be so bright as to be blinding or to interfere with a complete view of other signs.

Overhanging signs should not be approved whereby the street becomes narrower and more cluttered.

Colors of an iridescent nature should not be approved where the sign will interfere with the intention or purpose of other signs of a lower color.

In those cases where a completed sign does not correspond to the color or design furnished to the Planning Department, the applicant must either alter the sign to comply therewith or remove the sign. In either case, the application fee shall not be refunded.

Changes in location, text, or design shall constitute a new sign and a new application and approval by the Planning Department will be required.

All signs shall meet the legal clearance as established by existing and future regulations for safe distance from communication and electrical circuits.

Signs in the Commercial or Special Commercial zone shall not exceed an area of eight square feet per face or for businesses adjacent to two public rights-of-way, two faces not to exceed 16 square feet in total area.

Signs for commercial enterprises in the Resort Recreation zones shall not exceed an area of 16 square feet per face.

Business signs in residential zones shall be limited to:

Entrance;

Danger;

Parking;

Restrictions on use of public property.

Temporary Signs in Non-Residential Zones.

Except as otherwise provided herein, permits for temporary signs may be issued by the City Manager or Planning Director on conditions deemed appropriate for signs pertaining to civic, patriotic or special events taking place within the City or to announce the future opening of a business at the location, provided that such signs are not detrimental to the public welfare, interest or safety where the temporary sign is located. A special event is one which is not an on-going part of the nature of the business.

The City Manager or Planning Director may determine appropriate size of the temporary signs, which determination shall be uniformly applied to all similar-type signs. Temporary signs shall not be self-illuminated, luminescent, or fluorescent, nor contain any substance which causes them to glow or shine. Temporary signs shall be removed within the time determined by the City Manager or Planning Director, as applicable, but in no event shall temporary signs be displayed for more than 120 days prior to the civic, patriotic or special event and shall be removed no later than three days following the end of the event except for signs announcing the future opening of a business while under construction, which may be erected once a building permit for the location is issued and which may be allowed to remain in place until construction is complete or building permits expire. Temporary signs may be made of less durable material than permanent signs. The fee for temporary signs shall be as set by resolution of the City Council.

Temporary Posters or Placards.

Temporary placards or posters, not to exceed 11 inches by 17 inches, advertising or announcing future events at may be placed in windows up to six weeks prior to the event.

Temporary placards or posters may not be used to identify the business or the occupants of the premises.

Temporary Signs in Residential Zones Requirements.

Each residential structure is limited to eight square feet of signage, except where the structure contains multiple dwelling units, and then each dwelling unit shall be limited to eight square feet of signage.

Sign may not obscure operable windows or other egress openings.

Signs shall not be placed in a location to create a hazard for passing vehicles or pedestrians.

Sign illumination shall not interfere with the use and enjoyment of adjacent properties, create a public nuisance, or create public safety hazards. Exterior light sources shall be shielded from view, filtered, and/or directed so as to illuminate only the sign face.

Signs may be internally or externally illuminated. Internal illumination is permitted only if the sign background is opaque and the only portion of the sign that appears as illuminated is the actual lettering and/or a registered trademark or logo. Internally lit signs are only permitted in the commercial zone, special commercial zone, and resort recreation zone only in those areas which do not face or front residential zones within 300 feet.

All sign lighting shall meet the requirement of the current requirements of Title 24 California Energy Code.

All outdoor sign lighting that is ON both day and night shall be controlled with a dimmer that automatically dims the sign lighting power to 65% during closed hours.

The light from an illuminated sign shall not be of an intensity of brightness, or generate disability or discomfort glare on adjacent properties, hotels, or boats in the harbor that are in a direct line of sight of the sign.

Each illuminated sign shall be subject to a thirty-day review period during which time the Planning Director or designee may determine that a reduction in illumination is necessary due to glare or shadowing on surrounding property or the community in general. In addition, and at any time, the Planning Director or designee may order the dimming of any illumination found to creating disability or discomfort glare.

(Disability glare is the reduction in visibility caused by intense light sources in the field of view)

(Discomfort glare is the sensation of annoyance or even pain induced by overly bright sources)

Direct lighting of signs may be permitted and approved only if the light is hidden from the street or prevents disability or discomfort glare by muting and shielding devices.

The granting of a variance shall not result in material damage or be detrimental to the public safety and welfare.

Applications for variances shall be numbered and filed, and shall become a part of the official City Planning Department files.

A separate filing fee in an amount set by resolution of the City Council shall be paid to the Planning Department for each application for a variance.

Each variance application shall contain the legal description of the property involved and its use, in addition to other information required by this chapter.

Maximum Fence and Wall Height in Required Side and Rear Yards.

Hedges. All height restrictions applying to fences or walls shall also apply to hedges planted within required yards and forming a barrier serving the same purpose as a fence or wall.

Modification of Fence, Wall, or Hedges.

Dimensions. Three feet shall be the minimum horizontal dimension of any required landscaped area, or any form of fixed planter box.

Screening. Where plants are indicated for screening, such screening shall consist of the use of evergreen shrubs, closely spaced and maintained at substantially the specified height of any required fences, walls or hedges.

Maintenance. Required landscaped areas and landscaping shall be maintained in a neat, clean and healthful condition. This shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and the regular watering of all plantings.

Irrigation of Watering. Required landscaped areas shall be provided with a suitable, fixed and permanent method for watering or sprinkling of plants. This operating water system shall consist of piped water lines terminating in an appropriate number of sprinklers and/or hose bibs to insure a sufficient amount of water for plants within the landscaped area. Where the watering system consists of hose bibs alone, these bibs shall be located not more than 100 feet apart within the required landscaped area. Sprinklers used to satisfy the requirements of this provision shall be spaced to assure complete coverage of the required landscaped area.

ADMINISTRATIVE WIRELESS PERMIT — Shall mean a permit issued and reviewed administratively by the Planning Director, or designee, pursuant to the process described in this article authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location; and the modification of any existing support structure to which the wireless facility is proposed to be attached.

ANTENNA — Shall mean any system of wires, poles, rods, reflecting discs, or similar devices used in wireless communications for the transmission or reception of electromagnetic waves when such system is operated or operating from a fixed location.

APPLICANT — Shall mean a person filing an application for placement or modification of a wireless facility under this Article 10.

BASE STATION — Shall have the same meaning as provided in 47 C.F.R. § 1.6100(b)(1), as may be amended, which defines that term as follows:

COLLOCATION — Shall for eligible facilities requests only, have the same meaning as provided in 47 C.F.R. § 1.6100(b)(2), as may be amended, which defines that term as "[t]he mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes."

DISTRIBUTED ANTENNA SYSTEM or DAS — Shall mean a network of one or more antennas and related fiber optic nodes typically mounted to or located at streetlight poles, utility poles, sporting venues, arenas, multifamily housing or convention centers which provide access and signal transfer for personal wireless service providers. A distributed antenna system also includes the equipment location, sometimes called a "hub" or "hotel" where the DAS network is interconnected with one or more wireless service provider's facilities to provide the signal transfer services.

ELIGIBLE FACILITIES REQUEST — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(3), as may be amended, which defines that term as "[a]ny request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station, involving: (i) [c]ollocation of new transmission equipment; (ii) [r]emoval of transmission equipment; or (iii) [r]eplacement of transmission equipment."

ELIGIBLE SUPPORT STRUCTURE — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(4), as may be amended, which defines that term as "[a]ny tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the state or local government under this section."

EQUIPMENT CABINET — Shall mean a small enclosure used to house multiple items of equipment associated with a wireless facility.

EXISTING — Shall mean, for purposes of an Eligible Facilities Request, the same as provided in 47 C.F.R. § 1.6100(b)(5), as may be amended, which provides that "[a] constructed tower or base station is existing for purposes of [the FCC's Eligible Facilities Request regulations] if it has been reviewed and approved under the applicable zoning or siting process, or under another state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition."

FEDERAL COMMUNICATIONS COMMISSION ("FCC") — Shall mean the Federal Communications Commission or its lawful successor.

MONOPOLE — Shall mean a single freestanding pole, post, or similar nonlattice structure used to support antennas and equipment associated with a wireless facility.

PERSONAL WIRELESS SERVICES — Shall mean the same as provided in 47 U.S.C. § 332(c)(7)(C)(i), as may be amended, which defines that term as "commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services."

PLANNING DIRECTOR — Shall mean the City of Avalon's Director of Planning and Building Department, or designee.

RADIO FREQUENCY ("RF") — Shall mean a rate of oscillation, which corresponds to the frequency of radio waves, and the alternating currents which carry radio frequency, electromagnetic, or other wireless signals.

ROOF-MOUNTED or BUILDING-MOUNTED ANTENNA — Shall mean an antenna directly attached or affixed to the roof of, on the wall, or elsewhere on a preexisting building, tank or similar structure other than a Tower.

SITE — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(6), as may be amended, which provides that "[f]or towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by a state or local government, if the approval of the modification occurred prior to the Spectrum Act or otherwise outside of the [eligible facilities request] process."

SMALL WIRELESS FACILITY — Shall have the same meaning as "small wireless facilities" in 47 CFR § 1.6002(l), or any successor provision (which is a personal wireless services facility that meets the following conditions that, solely for convenience, have been set forth below):

STEALTH FACILITY — Shall mean any wireless facility which is designed to blend into the surrounding environment by means of screening, concealment, or camouflage intended to make the facility look like something other than a wireless tower or base station. The antenna and related equipment are either not readily visible beyond the property on which they are located, or, if visible, appear to be part of the existing natural or built environment rather than as a wireless facility.

SUBSTANTIAL CHANGE — Shall mean the same as provided in 47 C.F.R. § 1.46100(b)(7), as may be amended, which defines that term as a substantial modification changing the physical dimensions of an eligible support structure that meets any of the following criteria:

TOWER — Shall mean any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

TRANSMISSION EQUIPMENT — Shall mean the same as provided in 47 C.F.R. § 1.6100(b)(8), as may be amended, which defines that term as "[e]quipment that facilitates transmission for any [FCC]-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as fixed wireless services such as microwave backhaul."

WHIP ANTENNA — Shall mean a single shaft antenna, including all mounting equipment.

WIRELESS FACILITY or FACILITY — Shall mean the antennas, antenna structures, equipment, equipment cabinets, cables, and other types of installations and related appurtenances used for the provision of wireless services at a fixed location, including, without limitation, any associated tower(s), support structure(s), and base station(s).

The requirements of this article do not apply to antennas or antenna structures set forth in this section, unless noted otherwise below. Each exempt facility shall fully comply with other applicable requirements of the Avalon Municipal Code and all other applicable state and federal law.

No wireless facility shall be constructed, erected, placed, or modified anywhere within the City without first obtaining a permit pursuant to the requirements of this article and without obtaining all permits required under any other applicable state, federal, or local laws or regulations.

Application Requirements. An applicant seeking to install, construct, modify, replace, or place a wireless facility shall complete and submit an application to the Planning and Building Department for review and processing, upon the form published by the Planning and Building Department, which may be updated from time to time. In addition to any requirements specified by the application form, all applications shall, at minimum, require submission of the following:

Consultants. The Planning Director, Planning Commission, or City Council considering the relevant permit issued pursuant to this article may require the application materials, proposed findings, and conditions to be reviewed by an independent third-party peer review consultant. The cost of the third-party peer review shall be the responsibility of the applicant.

Denials without prejudice. The denial of a permit application for an eligible facilities request shall be without prejudice. To promote efficient review and timely decisions, any application governed under this article regardless of type may be denied without prejudice by the Planning Director, Planning Commission, or City Council when the applicant fails to tender a substantive response to the City within 120 calendar days after the City has deemed the application incomplete in a written notice to the applicant. The Planning Director, or designee, in his or her discretion, may grant a written extension for up to an additional 30 calendar days when the applicant submits a written request prior to the one hundred twentieth day that shows good cause to grant the extension. Good cause foran extension shall include, without limitation, delays due to circumstances outside the applicant's reasonable control.

Administrative Wireless Permit:

Site Plan Review Under This Article. No site plan review approval shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:

Conditional Use Permit Review Under This Article. No conditional use permit shall be approved or conditionally approved pursuant to this article unless, on the basis of the application and other materials or evidence provided in review thereof, the following findings are made:

Visual Criteria.

Specific plan areas. Within any specific plan area, all wireless facilities shall be completely screened from the view of surrounding properties. Appropriate locations may include inside of attic spaces, steeples, cupolas, towers, below parapets or concealed in architectural features.

Location.

Visibility from public places. A wireless facility installed in a location readily visible from a public trail, public park, or other publicly owned outdoor recreation area shall be sited and designed to blend in with the existing natural and/or manmade environment in such a manner as to be effectively unnoticeable. The smallest and least visible antennas as possible should be installed which will reasonably accommodate the operator's communication needs.

Height and Setbacks. All wireless facilities (including any ground mounted communication equipment, antennas, poles, or towers) shall comply with all height restrictions of the underlying zone. If there are no applicable height restrictions in an underlying zone, the wireless facility shall not exceed fifty (50) feet. A wireless facility and any related ground-mounted equipment shall comply with all setback requirements of the underlying zone.

Accessory Equipment. Undergrounding equipment, including remote radio units that cannot be placed with the antenna in the shroud, is preferred. Vaults and pull boxes shall be installed flush to grade. Ground-mounted equipment shall incorporate camouflaging and shrouding to match the colors, appearance, and materials of existing facilities and screen facilities from public view as much as is technically feasible.

Cables and Wiring. All cables and wiring must be within the structure, or if not feasible, within conduit on the exterior of the structure. The conduit must be a color that matches facility and of the smallest size technically feasible.

Antennas. Antennas, antenna structures and related equipment shall incorporate architectural, landscape, color and/or other treatments to minimize potential visual impacts.

Natural appearance. Ground-mounted facilities shall be enclosed in cabinets, sized only for the needed equipment and screened with natural vegetation or designed as a stealth facility. Examples include a water tank, artificial tree, and rocks. Existing and new landscaping materials, especially trees, shall be used where possible to screen antenna and antenna towers from off-site views.

Lighting. No facility shall be illuminated unless specially required by the Federal Aviation Administration (FAA) or other government agency. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding area property.

Standards for wall- and building-mounted facilities.

Unauthorized access. All facilities shall be designed so as to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions which would result in hazardous conditions, visual blight, or attractive nuisances.

Noise standards. Wireless facilities and all accessory equipment and transmission equipment must comply with all noise regulations and shall not exceed, either individually or cumulatively, the applicable noise level standards in Avalon Municipal Code Chapter 5-13.

Undergrounding. Extensions of electrical and telecommunications land lines to serve wireless telecommunications facilities shall be undergrounded.

Signs. No logos, decals, or advertising of any type may be affixed to any element of the wireless facility, equipment, or pole, except as required by federal or state law. Further, the City requires that a placard or decal listing the facility owner's name and emergency contact phone number be places in an inconspicuous area on an element of the equipment or on the pole directly below the antenna.

Service roads. Existing roads and easements shall be used to the extent feasible. New service roads shall be limited to a width of 10 feet, unless a wider road is deemed necessary by the City.

Landscaping. In addition to any landscaping used for concealment or screening purposes, the applicant shall propose and install additional landscaping to replace any existing landscaping displaced during construction or installation of the applicant's facility. Applicant must use native landscaping unless otherwise specified by the City. The applicant's landscaping plan shall be subject to the City's review and approval but shall, at a minimum, match the existing landscaping and foliage surrounding the installation site.

Compliance with laws. All wireless telecommunications facilities shall comply with the applicable provisions of this section and this article as well as the Building Code, Electrical Code, Plumbing Code, Mechanical Code, Fire Code and rules and regulations imposed by state and federal agencies. All wireless telecommunications facilities shall meet current standards and regulations of the Federal Communications Commission, California Public Utilities Commission, and any other agencies with authority to regulate wireless telecommunications service providers. If existing standards or regulations are changed, the applicant shall bring its facility into compliance with the new standards within 90 days of the effective date of such standards, unless the federal or state agency mandates a different compliance schedule. Changes to approved projects are subject to review and approval by the Planning Director or other applicable City decision-making body. Failure to comply with adopted new state or federal requirements shall be grounds for permit revocation.

Public health. No wireless facility shall be sited or operated in such a manner that it poses, either by itself or in combination with other such facilities, a potential threat to the public health. To that end, no facility or combination of facilities shall produce at any time power densities in any inhabited area that exceed the FCC's maximum permissible exposure (MPE) limits for electric and magnetic field strength and power density for transmitters or any more restrictive standard subsequently adopted or promulgated by the City, county, state or federal government. Absolute compliance with FCC Office of Engineering Technology (OET) Bulletin 65, as amended, is mandatory, and any violation of this section shall be grounds for the City to immediately terminate any permit granted hereunder, or to order the immediate service termination of any nonpermitted, noncomplying facility constructed within the City.

Modifications. Any modifications to existing facilities or equipment or collocations shall not defeat the concealment elements of the existing structure/facility.

Electric Service. The City strongly encourages site operators to use flat-rate electric service when it would eliminate the need for a meter. Where meters are required, use the narrowest electric meter and disconnect available.

Security. All equipment and facilities shall be installed in a manner to avoid being an attractive nuisance and to prevent unauthorized access, climbing, and graffiti.

Permit term. Except for eligible facilities requests, a permit for a wireless facility issued in accordance with this article will automatically expire at 12:01 a.m. local time exactly 10 years and one day from the issuance date, unless the City establishes a shorter term for public safety or substantial land use reasons pursuant California Government Code § 65964(b). Any other permits or approvals issued in connection with an application subject to this Article, which includes without limitation any permits or other approvals deemed-granted or deemed-approved under federal or state law, will not extend this term limit unless expressly provided otherwise in such permit or approval or required under federal or state law.

Code compliance. The permittee shall at all times maintain compliance with all applicable federal, state and local laws, regulations and other rules.

Inspections - Emergencies. The City or its designee may enter onto the facility area to inspect the facility upon reasonable notice to the permittee. The permittee shall cooperate with all inspections. The City reserves the right to enter or direct its designee to enter the facility and support, repair, disable or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property.

Contact information for responsible parties. The permittee shall at all times maintain accurate contact information for all parties responsible for the facility, which shall include a phone number, street mailing address and email address for at least one natural person. All such contact information for responsible parties shall be provided to the Planning Director upon permittee's receipt of the Planning Director written request, except in an emergency determined by the City when all such contact information for responsible parties shall be immediately provided to the Planning Director upon that person's verbal request.

Indemnities. The permittee and, if applicable, the owner of the private property upon which the tower and/or base station is installed shall defend, indemnify and hold harmless the City of Avalon, its agents, officers, officials and employees (1) from any and all damages, liabilities, injuries, losses, costs and expenses and from any and all claims, demands, law suits, writs of mandamus and other actions or proceedings brought against the City or its agents, officers, officials or employees to challenge, attack, seek to modify, set aside, void or annul the City's approval of the permit, and (2) from any and all damages, liabilities, injuries, losses, costs and expenses and any and all claims, demands, law suits or causes of action and other actions or proceedings of any kind or form, whether for personal injury, death or property damage, arising out of or in connection with the activities or performance of the permittee or, if applicable, the private property owner or any of each one's agents, employees, licensees, contractors, subcontractors or independent contractors. Further, permittees shall be strictly liable for interference caused by their facilities with the City's communications systems. The permittee shall be responsible for costs of determining the source of the interference, all costs associated with eliminating the interference, and all costs arising from third party claims against the City attributable to the interference. In the event the City becomes aware of any such actions or claims the City shall promptly notify the permittee and the private property owner, if applicable, and shall reasonably cooperate in the defense. It is expressly agreed that the City shall have the right to approve, which approval shall not be unreasonably withheld, the legal counsel providing the City's defense, and the property owner and/or permittee (as applicable) shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense.

Adverse impacts on adjacent properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification and removal of the facility. Any natural screening afforded by site conditions, including, but not limited to, the presence of trees, landscaping, topographical features, or structures on the site that shield the facility from view, shall be considered stealthing elements.

General maintenance. The site and the facility, including but not limited to all landscaping, fencing and related transmission equipment, must be maintained in a neat and clean manner and in accordance with all approved plans and conditions of approval.

Graffiti removal. All graffiti on facilities must be removed at the sole expense of the permittee within 48 hours after notification from the City.

RF exposure compliance. All facilities must comply with all standards and regulations of the FCC and any other state or federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the wireless facility, permittee or its representative must provide the City documentation demonstrating compliance with all applicable RF emissions standards as certified by a licensed engineer.

Build-out period. This permit shall lapse one year after its date of approval unless one of the following has occurred:

Lapse. The permit shall automatically lapse if there is a discontinuance of the exercise of the entitlement granted by the permit for six consecutive months or more.

Testing. Testing of back-up generators and other noise producing equipment shall take place on weekdays only, and only between the hours of 8:30 a.m. and 4:30 p.m., except that testing is prohibited on holidays that fall on a weekday. In addition, testing is prohibited on weekend days.

Other approvals. The permittee shall obtain all other applicable permits, approvals, and agreements necessary to install and operate the facility in conformance with federal, state, and local laws, rules, and regulations.

Modifications. No changes shall be made to the approved plans without review and approval in accordance with this article.

Performance and maintenance. All wireless telecommunications facilities and related equipment, including but not limited to fences, cabinets, poles and landscaping, shall be maintained in good working condition over the life of the permit. This shall include keeping the structures maintained to the visual standards established at the time of approval. The facility shall remain free from trash, debris, litter, graffiti and other forms of vandalism. Any damage shall be repaired as soon as practicable, and in no instance more than 10 calendar days from the time of notification by the City or after discovery by the permittee.

Performance bond. Prior to issuance of a building or electrical permit, the permittee shall file with the City, and shall maintain in good standing throughout the term of the approval, a performance bond or other surety or another form of security for the removal of the facility in the event that the use is abandoned or the permit expires, or is revoked, or is otherwise terminated. The security shall be in the amount equal to 100% of the cost of physically removing the wireless facility and all related facilities and equipment on the site, based on the higher of two contractors' quotes for removal that are provided by the permittee. The permittee shall reimburse the City for staff time associated with the processing and tracking of the bond, based on the hourly rate adopted by the City council. Reimbursement shall be paid when the security is posted and during each administrative review.

City access. The City reserves the right of its employee, agents, and designated representatives to inspect permitted facilities and property upon reasonable notice to the permittee. In case of an emergency or risk of imminent harm to persons or property within the vicinity of permitted facilities, the City reserves the right to enter upon the site of such facilities and to support, disable, or remove those elements of the facilities posing an immediate threat to public health and safety. The City shall make an effort to contact the permittee, prior to disabling or removing wireless facility elements.

Encourage consolidation. Where the wireless facility site is capable of accommodating another facility upon the same site, the owner and operator of the facility shall allow another carrier to place its facilities and equipment thereon, provided the parties can mutually agree upon reasonable terms and conditions.

Interference. To the extent allowed under applicable federal rules and regulations, the operator of a wireless facility shall correct interference problems experienced by any person or entity with respect to equipment such as television, radio, computer, and telephone reception or transmission that are caused by the facility. If a federal agency with jurisdiction over such matters finds that a facility is operating in violation of federal standards, the permittee shall promptly provide the Planning Director with a copy of any notice of such violation issued by any federal agency and shall notify the Planning Director once the facility comes back into compliance with applicable standards.

Discontinuance of use. Antennas, support structures and related equipment shall be removed within 90 calendar days of the discontinuation of the use of a wireless facility operating under a use permit that has expired and the site shall be restored to its previous condition. The service provider shall provide the public works and planning development department with a notice of intent to vacate the site a minimum of 30 calendar days before vacation. For facilities located on City property, this requirement shall be included in the terms of the lease. For facilities located on other sites, the property owner is responsible for removal of all antennas, structures and related equipment within 90 calendar days of the discontinuation of the use.

Compliance verification. No later than one year after commencing operation of the facility or issuance of a certificate of occupancy, whichever occurs first, and annually thereafter, the applicant, wireless carrier, or property owner, shall have an appropriately licensed professional conduct a noise study of facility operations to verify compliance with all applicable local, state and federal regulations. In addition, a report shall also be submitted by an appropriately licensed professional to verify completion of any required site landscaping, equipment enclosures, and confirm that the facility appearance is in compliance with approved plans. These reports shall be submitted and reviewed by the Planning Director within five days of completion of the reports. Failure to submit such compliance verification, or the submission of materials verifying a lack of compliance, will constitute grounds for the City to initiate a public hearing to consider whether permittee is fully complying with all conditions related to any permit or approval granted under this article.

Conditions of Approval for Eligible Facilities Requests. In addition to the foregoing Standard Conditions of Approval, any eligible facilities request approved pursuant to this article shall be subject to the following standards of conditions unless modified by the Planning Director or City Manager.

Permittees shall fully comply with all conditions related to any permit or approval granted under this article or any predecessors to this article. Failure to comply with any condition of approval or maintenance of the facility in a matter that creates a public nuisance or otherwise causes jeopardy to the public health, welfare or safety shall constitute grounds for revocation. If such a violation is not remedied within a reasonable period, following written notice and an opportunity to cure, the City may schedule a public hearing before the Planning Commission to consider revocation of the permit. The Planning Commission revocation action may be appealed to the City Council pursuant Section 9-8.206.

The Planning Director, or designee, Planning Commission and/or City Council considering an application submitted for approval pursuant to this article may grant limited exceptions to the design, development and location standards for wireless facilities subject to this article, if it is determined that the applicant has established that denial of an application or strict adherence to the design, development and location standards would:

If the applicant requests a limited exception and the Planning Director or designee, Planning Commission, and/or City Council considering the application finds that an exception is warranted, said requirements may be waived, but only to the minimum extent required to avoid the prohibition, violation, or technically infeasible location, design or installation or minor noncompliance.

Purpose. The purpose of this section is to regulate land use activities of a temporary nature so as to protect the public health, safety, and welfare. The intent of these regulations is to encourage development within the City Center Area, to ensure that temporary uses will be compatible with surrounding land uses, to protect the rights of adjacent residents and land owners, to minimize any adverse effects on surrounding properties and the environment, and to ensure that the temporary use is removed in a timely manner and the site restored to its original condition.

Uses Allowed by Temporary Use Permit. A temporary use permit may be issued for any use that is not permitted in a particular zone, but that is otherwise consistent with the general purposes of the General Plan, consistent with the health, safety, and welfare of the surrounding community, and that is of a specific and limited duration. A temporary use as which does not have a valid and current temporary use permit, and which is not otherwise a permitted use in the zone, is hereby declared to be a public nuisance, subject to the enforcement provisions of the Municipal Code and other applicable laws.

Temporary Use Permits for Construction. In addition to the uses authorized above, the uses for which a temporary use permit may issue include, but are not limited to, the following:

General Provisions.

Application Procedure. A request for a temporary use permit shall be submitted to the Planning Department on a form provided for that purpose by the Planning Department, along with the required fee established by resolution of the City Council. The City Manager may require additional information where deemed necessary to complete the City's review and evaluation.

Approval Authority. The reviewing authority for temporary use permits shall be the City Manager. In approving any temporary use permit application, the City Manager shall make all of the following findings:

Appeals. The reviewing authority's decision on a temporary use permit shall become final 10 days after notice of the action is given to the applicant. The applicant may appeal to the City Council by filing a notice of appeal with the City Clerk prior to the decision becoming final. The decision of the City Council shall be final.

Violations and Revocation.