Avalon City Zoning Code
CHAPTER 9
8 Administration of Zoning Ordinance
§ 9-8.101 Intent.
[Ord. 672]
Coastal Development Procedures are established to insure that all public and private development in the City of Avalon is consistent with the City's certified Local Coastal Program.
§ 9-8.102 Application.
[Ord. 672, as amended by § 4, Ord. 728, eff. October 5, 1982]
In addition to any other permits or approvals required by the City, a coastal development permit shall be required prior to commencement of any development in the City, except:
(a)
Development on tidelands or submerged lands, or public trust lands which require a permit from the Coastal Commission;
(b)
Developments determined to be excluded from the coastal permit requirements as established in Division 20, § 30610 of the Public Resources Code, as set forth below;
(1)
Improvements to existing single-family residences except those classes of development which involve a risk of adverse environment effect, defined as:
(i)
Improvements to single-family structure within 50 feet of the edge of a coastal bluff;
(ii)
The expansion or construction of water wells or septic systems:
(iii)
On property located between the sea and the first public road paralleling the sea or within 30 feet of the inland extent of any beach or of the mean high tide of the sea where there is no beach, whichever is the greatest distance, improvement that would result in:
A.
An increase in more than 10% of internal floor area of an existing structure; or
B.
An additional improvement of 10% or less where an improvement to the structure has previously been undertaken pursuant to § 9-8.102A, above;
C.
The construction of an additional story (including lofts) in an existing structure;
D.
Any significant non-attached structure such as garages, fences, shoreline protective works, docks, or trees.
For the purpose of this division, where there is an existing single-family residential building, the following shall be considered part of that structure:
1.
All fixtures and other structures directly attached to a residence;
2.
Structures on the property normally associated with single-family residence such as garages, swimming pools, fences, and storage sheds; but not including guest houses or self-contained residential units; and
3.
Landscaping on the lot.
(2)
Improvements to existing structures other than single-family dwellings or public works facilities except those types of improvements which involve a risk of adverse environmental effect or adversely affect public access, defined to be:
(i)
Improvements to any structure on a beach, stream or seaward of the mean high tide line.
(ii)
Any significant alteration of land forms, including removal or placement of vegetation, on a beach or within 100 feet of the edge of a coastal bluff or stream;
(iii)
The expansion or construction of water wells or septic systems;
(iv)
On property located between the sea and the first public road paralleling the sea or within 300 feet of the inland extent of any beach, whichever is the greater distance, an improvement that would result in:
A.
An increase in 10% or more of external floor area of the existing structure, or
B.
An additional improvement of 10% or less where an improvement to the structure has been previously undertaken pursuant to § 9-8.102A, above.
C.
The construction of an additional story (including lofts) in an existing structure.
(v)
Any improvement to a structure which changes the intensity of use of the structure;
(vi)
Any improvement made pursuant to a conversion of an existing structure from a multiple unit rental use or visitor-serving commercial use to a use involving a fee ownership or long-term leasehold including, but not limited to, a condominium conversion, stock cooperative conversion, or motel/hotel time sharing conversion.
(3)
Maintenance dredging of existing navigation channels or moving dredged material from such channels to a disposal area outside the coastal zone, pursuant to a permit from the United States Army Corps of Engineers.
(4)
Repair or maintenance activities that do not result in an addition to or enlargement or expansion of, the object of such repair or maintenance activities. However, the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact.
(i)
Any method of repair maintenance of a seawall revetment, bluff retaining wall, breakwater, groin or similar shoreline work that involves:
A.
Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;
B.
The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work;
C.
The replacement of 20% or more of the materials of an existing structure with materials of a different kind; or
D.
The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within 20 feet of coastal waters or streams.
All repair and maintenance activities governed by the above provisions shall be subject to the permit regulations promulgated pursuant to the California Coastal Act of 1976, including, but not limited to, the regulations governing administrative and emergency permits. The provisions of this section shall not be applicable to methods of repair and maintenance undertaken by the ports listed in Public Resources Code § 30700. |
(ii)
The replacement of 50% or more of a seawall, revetment, bluff retaining wall, breakwater, groin or similar protective work under one ownership is not repair and maintenance, but instead constitutes a replacement structure requiring a coastal development permit.
(iii)
Notwithstanding the above provisions, the executive director of the Coastal Commission shall have the discretion to exempt from this section ongoing routine repair and maintenance activities of local governments, State agencies, and public utilities (such as railroads) involving shoreline works protecting transportation roadways.
(iv)
Pursuant to this section, the Coastal Commission may issue a permit for on-going maintenance activities for a term in excess of the two-year term provided by these regulations.
(5)
The installation, testing, and placement in service or the replacement of any necessary utility connection between an existing service facility and any development approved pursuant to this division; provided, that the Coastal Commission may, where necessary, require reasonable conditions to mitigate any adverse impacts on coastal resources, including scenic resources.
(6)
The replacement of any structure, other than a public works facility, destroyed by natural disaster. Such replacement structure shall conform to applicable existing zoning requirements, shall be for the same use as the destroyed structure, shall not exceed either the floor area, height, or bulk or the destroyed structure by more than 10%, and shall be sited in the same location on the affected property as the destroyed structure.
As used in this subdivision, "natural disaster" means any situation in which the force or forces which destroyed the structure to be replaced were beyond the control of its owner.
(7)
The construction of a single-family home or a vacant lot, provided:
(i)
The construction of a single-family home on the vacant lot will not be located between the first public road and the sea or immediately adjacent to the inland extent of any beach or of the mean high tide line where there is no beach;
(ii)
The vacant lot is a legal lot as of January 1, 1982 or conforms with the minimum lot size and lot use designations of the Avalon General Plan and Zoning Ordinance;
(iii)
The single-family residence can be served by an adequate water supply for domestic and fire flow purposes;
(iv)
The single-family residence can be served by the City's sewer system;
(v)
The lot is not located within an area known to be a geologic hazard area or as a flood hazard area, or, if located within such an area has been determined by the City to be a safe site for the construction of a single-family residence;
(vi)
The lot is no more than 250 feet from an existing improved road adequate for use throughout the year.
§ 9-8.103 Issuance of Local Coastal Development Permits.
[Ord. 672, as amended by § 5, Ord. 728, eff. October 5, 1982]
The following procedures shall be required for local coastal development permits prior to the issuance of such permit, provided that such permits may be considered concurrently with or subsequent to any procedures authorized by this title, or the subdivision regulations of the City.
(a)
Jurisdiction. An application for a local coastal development permit shall be considered by the Planning Commission.
(b)
Hearing Required. A public hearing shall be required prior to approval of a local coastal development permit.
(c)
Consolidation of Process. The approval of a coastal development permit may be consolidated with local planning processes, including site plan review, and need not be a separate item or issue of review providing requirements pertaining to notice and findings are fulfilled.
(d)
Findings Required. A local coastal development permit shall be granted only upon specific factual findings supporting the conclusion that:
(e)
Date of Final Local Action. The date when the appeal period on all local actions on the development has expired without a local appeal, or the date of action on the local appeal(s), provided that no action to approve shall become final without adoption of the required findings of fact, or the date when the City is notified by the applicant that the application is approved by operation of law pursuant to §§ 65050 — 65957.1 of the Government Code.
(f)
Appeal of Commission Decision and Notice of Final Local Action.
(1)
An appeal of the Planning Commission action may be filed by any person within 15 days after mailing notice of the action to the applicant. Any appeal shall be submitted in writing to the City Council and shall specify the grounds for the appeal.
(2)
Upon receiving a notice of appeal, the City Council may:
(i)
Affirm the action of the Commission; or
(ii)
Require a transcript or recording of the testimony and all other evidence upon which the Commission made its decision, and after receiving such evidence take such action as, in its opinion is indicated by such evidence alone; or
(iii)
Refer the matter back to the Commission, with or without instructions for further proceedings; or
(iv)
Set the matter for hearing before itself. At such hearing, it shall hear and decide the case de novo.
(3)
In any case in which the City Council set the matter for hearing before itself, or receives the transcript or recording and all other evidence upon which the Commission made its decision, City Council's decision on appeal need not be limited to the points appealed, but may cover all phases of the matter including the addition or deletion of any conditions.
(4)
Within seven calendar days after the expiration of the appeal period to the City Council, if no appeal is filed, or within seven calendar days of the date of the action of the City Council, a notice shall be sent to the Coastal Commission, and to any persons who specifically request such notice by submitting a self-addressed stamped envelope. Such notice shall include the written findings of fact required to approve the local coastal development permit and the conditions imposed on the approval, if the permit is approved. Any notice of final local action shall include the procedures for appeal of the action to the Coastal Commission and an indication as to whether the development is in an appealable area.
(g)
Appeals to Coastal Commission. All actions on local coastal development permits seaward of the appealable area boundary may be appealed by any aggrieved person to the Coastal Commission according to the procedures of the Coastal Commission provided that:
(1)
All local appeals of City actions provided for by this section have been exhausted and no fee was charged the appellant for such appeal; and
(2)
Any Coastal Commission appeal by two or more Coastal Commissioners, when the local appeals of City actions provided for by this section have not been exhausted, shall constitute a local appeal to the City for any local appeal which has not been exhausted. Any local action to modify or reverse the appeal action shall require that a new Coastal Commission appeal by two or more Coastal Commissioners be filed in order to constitute a complete Coastal Commission appeal.
(h)
Determination That a Proposed Development is Seaward of the Appealable Area Boundary.
(1)
Jurisdiction. Determination that a proposed development is seaward of the appealable area boundary shall be made by the Planning Commission.
(2)
Means of Determination. Determination shall be made by locating the development on the appealable area boundary map adopted in conjunction with the Local Coastal Program, attached herewith as Exhibit IX by reference.
(3)
Appeal of Determination. Any person may appeal the Commission's determination by requesting a referral of the matter to the Executive Director of the Coastal Commission. If the determination of the Executive Director of the Coastal Commission differs from that of the Commission, then the matter shall be resolved by a hearing before the Coastal Commission.
(i)
Effective Date of a Local Coastal Development Permit. A local coastal development permit shall be effective as follows:
(1)
Outside Appealable Area: On final local action;
(2)
Within Appealable Area: At the conclusion of the 21st day after final local action; unless
(i)
It is appealed - then the permit shall become effective after action on the appeal by the Coastal Commission;
(ii)
Notice to the Coastal Commission is not mailed by the City within seven days after final local action - then permit shall become effective at the conclusion of the 14th day after a complete notice is mailed, but not later than at the conclusion of the 21st day after final local action; or
(iii)
The Coastal Commission notifies the City and the applicant that notice was not received or distributed in a timely manner, or that the notice was not complete, or does not adequately describe the development - then the permit becomes effective at the conclusion of the 14th day after receipt of such notice from the Coastal Commission or on the date specified by the Coastal Commission.
§ 9-8.104 Definitions.
[Ord. 672]
(a)
AGGRIEVED PERSON – Shall mean any person who testified personally or through a representative at a public hearing or who informed the staff of the Planning Commission hearing of an interest in the subject of a hearing.
(b)
APPEALABLE AREA – Shall mean that portion of the coastal zone seaward of the appealable area boundary as established on a map adopted in conjunction with final certification of the Avalon Local Coastal Program, attached herewith as Exhibit IX by reference.
(c)
DEVELOPMENT – Shall mean, on land in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with § 66410 of the Government Code) and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with § 4511). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line and electrical power transmission and distribution line.
(d)
PUBLIC WORKS PROJECT – Shall mean any action undertaken by the City or under contract to the City to construct, alter, repair or maintain any City structure, utility or right-of-way, including the erection of public signs, the painting or removing of street lines, parking space designations, or the painting or removing paint from curbs, the maintenance, repair and improvement of public streets, the installation and maintenance of landscaping, the repair and expansion of harbor facilities, the maintenance and development of City utilities, including the salt water system repair and improvement to structures maintained, used, or owned by the City, and the repair, replacement, maintenance or development of public facilities under emergency circumstances.
§ 9-8.105 Hearing Notice for Coastal Permit.
[Ord. 672]
(a)
Notices Required. Notice shall be given for all public hearings for coastal permit proceedings not less than 10 days or more than 45 days prior to the hearing date by all of the following means:
(1)
The mailing of notice to the property owner, applicant, or duly authorized agent;
(2)
The mailing of a notice to all property owners within 300 feet of the subject property as shown on an assessment roll of the County of Los Angeles;
(3)
The publishing of the notice one time in a paper printed and published within the City of Avalon;
(4)
The mailing of a notice to the Coastal Commission;
(5)
The mailing of a notice to all persons requesting notice for the individual project or all coastal zone hearings; and
(6)
The posting of a notice on the site. The posting and maintenance of such notice shall be the responsibility of the applicant. Such notices shall be posted in a manner prescribed by the Planning Commission. Failure to adequately post or maintain the notice shall be cause for the continuance of the hearing.
(b)
Notice Contents. All coastal permit hearing notices shall contain, as a minimum, the following information:
(1)
The applicant's name;
(2)
The filing date;
(3)
The case number for the project;
(4)
The location of the project, whether it is in the coastal zone and whether it is appealable to the Coastal Commission;
(5)
A description of the project;
(6)
The reason for the public hearing;
(7)
The date, time and place of the public hearing;
(8)
The general procedures for the hearing and receipt of public comments; and
(9)
The means for appeal, including appeal to the Coastal Commission, when applicable.
(c)
Notice consolidated. Notices required under this chapter may be consolidated with other notices required by the Zoning Ordinance.
§ 9-8.106 Action.
[Ord. 672]
Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, partially approve, deny, continue or take under advisement the subject of the coastal permit public hearing.
§ 9-8.107 Right of Comment.
[Ord. 672]
Prior to the time set for any coastal permit public hearing, any person having any interest affected by the pending application may file with the Planning Commission a written statement either approving or objecting to the application. Any person may also appear at the hearing to present oral testimony.
§ 9-8.108 Conditions.
[Ord. 672]
Reasonable and necessary conditions shall be attached to all decisions, to adhere to the purposes of the Local Coastal Program.
§ 9-8.109 Effective Date.
[Ord. 672]
All decisions shall be final after the time for filing an appeal has expired if no appeal has been filed; or, if appealed, when the appeal is decided, provided that no decision shall be final until the required findings of fact have been adopted; except that decisions on local coastal development permits seaward of the appealable area boundary shall not be final until the procedures specified in §§ 9-8.101 — 9-8.104 are completed.
§ 9-8.110 Continuing Jurisdiction.
[Ord. 672]
The Commission shall have continuing jurisdiction over all coastal permits issued under the provisions of this article in order to monitor compliance with the provisions and conditions of approval.
§ 9-8.111 Revocation of Permits.
[Ord. 672]
Except as otherwise provided, upon determination that there has been a violation of the conditions of any coastal permit or approval provided by this article, the Commission shall schedule a public hearing to determine if such permit or approval should be revoked. If the Commission finds that the conditions have been violated and that the property owner has not made a good faith effort to comply, the permit or approval shall be revoked. The property owner shall have the same right of appeal as would have been applicable if the initial application had been denied by the Commission.
§ 9-8.112 Expiration of Permits.
[Ord. 672; § 1, Ord. 866-91, eff. October 3, 1991; § 2, Ord. 897-93, eff. June 3, 1993]
Except as otherwise provided in the conditions of approval, every right or privilege authorized under this article shall terminate 36 months after the granting of the request if such right or privilege has not been exercised in good faith within such time. Such termination shall take effect without further City action if a timely request for an extension of time has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control of the property owner shall not result in the termination of such right or privilege.
Upon written request submitted not less than 30 days prior to termination of the approval, the Planning Commission may grant one six-month extension of such right or privilege but only upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance. The City Council may grant one additional extension of not more than six months upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance.
Notice of hearing on any requested extension shall be given to any person who requests notice at or after the hearing on the original grant of the approval.
§ 9-8.113 Amendment to Permits.
[Ord. 672]
A permit or other zoning exception may be amended at a public hearing. Notice of hearing on the requested amendment shall be given to any person determined by the Planning Commission to have been aggrieved at the original hearing. Such amendment may be approved if it is found that:
§ 9-8.114 Statute of Limitations.
[Ord. 672]
Any legal action or proceeding to attack, review, set aside, void or annul any decision of matter or proceedings provided in this article shall be commenced within 30 days after the decision becomes final; except that legal action on developments in the coastal zone taken under the provisions of Division 20, Chapter 9, § 30000 et seq., of the Public Resources Code, shall be commenced within 60 days after the decision becomes final.
Thereafter, all persons are barred from bringing such action or proceeding or from raising any issue of invalidity or unreasonableness of such decision. No person shall maintain such legal action until he has exhausted all administrative remedies.
§ 9-8.201 Intent and Purpose.
[Ord. 672; § 11, Ord. 851, eff. January 4, 1990]
(a)
Site plan review is established in order to provide a visual and factual document that may be used to determine and control the physical layout, design or use of a lot or parcel of land, buildings or structures. A site plan shall contain information that may include an application form, plans, drawings and diagrams or pictures indicating uses, forms, dimensions and other pertinent factors sufficient to provide a document that may be used to substantiate and corroborate facts and testimony vital to the administration of this title.
(b)
A site plan is, or may be, required in order to determine whether or not a proposed development will properly comply with the provisions and development standards prescribed in this title or as prescribed by the Commission, City Council, or other authorized agent.
(c)
Any person may also use a site plan to indicate his compliance, or plans and intentions to comply, with the regulations and standards prescribed in this title.
(d)
The Commission or other authorized agent may:
(1)
Require a site plan for any use, development of land, structure, building or modification of standards that involves the approval of the Commission;
(2)
Require such other forms and documents as are necessary to determine compliance with the provisions of this title or any conditions that the Commission may require in granting an approval of the requested use, development or modification.
(3)
Require any supplemental information or material including revised or corrected copies of any site plan or other document previously presented.
(e)
The Commission or other authorized agent shall prescribe the form for application blanks and site plans, and the information to be included in the required site plan.
(f)
The Planning Commission may, within its discretion, reduce the maximum allowable building heights, floor area to lot size ratios, coverage allowances, and may increase the required setbacks set forth in this title in order to reduce the impact of the proposed project on topography and view of neighboring residents.
§ 9-8.202 Contents of Application for Site Plan Review.
[Ord. 672; § 10, Ord. 851, eff. January 4, 1990]
An application for any site plan review, shall contain information as required by the Commission or other authorized agent.
(a)
All site plans shall include a topographic map of the site, together with a signed statement by a certified surveyor, civil engineer, or geologic engineer certifying the height of the proposed development is as shown on the plans.
§ 9-8.203 Basis for Approval of Site Plans.
[Ord. 672]
Approval or disapproval of any site plan shall be based upon the following factors and principles:
(a)
Every use, development of land and application of development standards shall take place in compliance with all applicable provisions of this title.
(b)
Every use, development of land and application of development standards shall be considered on the basis of the suitability of the site for the particular use or development intended, and the total development, including the application of prescribed development standards, shall be so arranged as to avoid traffic congestion, insure the protection of public health, safety and general welfare, prevent adverse effects on neighboring property and shall be in general accord with all elements of the General Plan.
(c)
Every use, development of land, application of development standards shall be considered on the basis of suitable and functional development design, but is not intended that such approval be interpreted to require a particular style or type of architecture.
§ 9-8.204 Action Upon Site Plans.
[Ord. 672, as amended by § 6, Ord. 741, eff. July 7, 1983; § 3, Ord. 774, eff. December 17, 1984; § 2, Ord. 1150-16, eff. January 5, 2017]
(a)
The Commission or other authorized agent acting upon any site plan offered for review as provided in this chapter shall either:
(b)
Any site plan offered for review that contains only minor renovations, as defined by § 9-3.613, may be approved, approved with conditions, or denied administratively by the Director of the Planning Department, or such other planning official as designated by the City Manager, provided that the Fire Chief and the Director of Public Works concur in the approval.
(1)
Any administrative action on a site plan for a minor renovation may be appealed to the Planning Commission. Administrative action on a site plan shall become final 10 days after notice of the action is given to the applicant.
(2)
The Director of Planning or other official responsible for administrative approval may, in his or her discretion, refer a site plan application to the Planning Commission even if the application meets the definition of a minor renovation.
(3)
The Planning Commission may elect to review and take action upon any application for a minor renovation prior to an administrative action on the application becoming final. The Planning Commission may establish procedures for the Planning Commission's review of and action upon minor renovation applications. Unless a different procedure is established, any Planning Commissioner may request that an application for a minor renovation be reviewed by the Planning Commission, and the Planning Commission as a whole may elect to take action on the application. If the Planning Commission requests to review an application, no administrative action on the application shall become final.
§ 9-8.205 Notice of Action Taken on a Site Plan.
[Ord. 672, as amended by § 6, Ord. 741, eff. July 7, 1983; § 3, Ord. 774, eff. December 17, 1984]
(a)
The Commission or other authorized agent shall notify the applicant of a request for a site plan approval of the action taken on the application. The applicant shall be notified of the date set for hearing of the site plan by the Commission. Upon final action by the Commission, the applicant shall be notified of the action taken.
(b)
Said notification of action taken shall be made by first-class mail, postage prepaid, or by other means deemed appropriate.
§ 9-8.206 Appeal.
[Ord. 672, as amended by § 6, Ord. 741, eff. July 7, 1983; § 3, Ord. 774, eff. December 17, 1984; § 2, Ord. 782, eff. November 13, 1985]
In the event the applicant is dissatisfied with the action taken on a site plan by the authorized agent, he may appeal such decision to the Commission. A Commission decision may be appealed to the City Council. Such appeal shall be filed within 15 days following notification. The decision of the City Council shall be final.
§ 9-8.207 Permits Required.
[Ord. 672, as amended by § 6, Ord. 741, eff. July 7, 1983; § 3, Ord. 774, eff. December 17, 1984]
(a)
Before commencing the erection, construction, reconstruction that would constitute a bathroom or kitchen, moving, conversion, alteration, or an addition to the structural exterior of any building, structure or property within any district shown upon the Zoning Map, permits shall be obtained from the Commission and Building Department. This section shall also apply to any structural alterations which change, in any way, the exterior appearance of projects previously issued permits by either the Planning Commission or Building Department.
(b)
Anyone who is found to have engaged in the activities described in this section without obtaining such permits will be cited. They shall immediately cease such unauthorized work. They shall remove all unapproved improvements or make applications for the appropriate approval.
(c)
The fee for applications made pursuant to subsection (b) of this section shall be as set by the Avalon City Council.
(d)
The issuance of permits pursuant to the provisions of this section shall not be deemed or construed to permit or authorize any violation of any of the provisions of this chapter or of any other ordinance or law.
§ 9-8.208 Expiration Time for Site Plan Approval.
[§ 2, Ord. 866-91, eff. October 3, 1991; § 3, Ord. 897-93, eff. June 3, 1993]
A site plan approval which is not used within the time specified in said approval, or if no time is specified within 36 months after the granting of approval becomes null and void and of no effect if a timely request for an extension of time has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control of the property owner shall not result in the termination of such right or privilege.
Upon written request submitted not less than 30 days prior to termination of the approval, the Planning Commission may grant one six-month extension of such right or privilege but only upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance. The City Council may grant one additional extension of not more than six months upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance.
Notice of hearing on any requested extension shall be given to any person who requests notice at or after the hearing on the original grant of the approval.
§ 9-8.301 Scope of Amendments.
[Ord. 672]
This title may be amended to change zones, to alter the boundaries of districts, to impose regulations not heretobefore imposed, and to remove or modify any regulations heretofore imposed, pursuant to Title 7 of the Government Code (Planning Law).
§ 9-8.302 Initiation of Amendments.
[Ord. 672]
Changes of zone and other amendments may be initiated by the City Council or the Planning Commission.
§ 9-8.303 Petition for Change of Zone.
[Ord. 672]
Any owner or owners may file a petition for a change of zone, with the Commission, upon payment of a filing fee as required in § 9-8.801 (Fees and Deposits), except that a person may not file, and the Commission shall not accept, a petition which is the same as, or substantially the same as, a petition upon which final action has been taken either by the Commission or by the City Council, within six months prior to the date of said petition.
§ 9-8.304 Contents of Petition for a Change of Zone.
[Ord. 672]
A petition for a change of zone shall contain information as requested by the Commission, or their authorized representatives. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant.
§ 9-8.305 Consistency with Hazardous Waste Management Plan.
[§ 1, Ord. 858, eff. August 9, 1990]
Zone change decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (App. November 30, 1989) relating to siting and siting criteria for hazardous waste facilities.
§ 9-8.401 Authorization.
[Ord. 672, as amended by § 7, Ord. 741, eff. July 7, 1983; § 4, Ord. 774, eff. December 17, 1984]
The Commission may hear and act upon a variance or conditional use permit as provided herein and pursuant to Title 7 of the Government Code.
§ 9-8.402 Procedure for Processing of Variances and Conditional Use Permits.
[Ord. 672, as amended by § 6, Ord. 728, eff. October 5, 1982; § 7, Ord. 741, eff. July 7, 1983; § 4, Ord. 774, eff. December 17, 1984]
(a)
Submission of an Application. Any person desiring a variance or conditional use permit required by, or provided for, in this ordinance, may file an application or petition therefor with the City Manager. However, the City Manager may not accept any application requesting a variance or conditional use permit for the same use, or substantially the same, in any case where the Commission or Council has taken a final action on a previous application within six months prior thereto unless the applicant can show changed conditions.
§ 9-8.403 Application for a Variance or Conditional Use Permit.
[Ord. 672, as amended by § 7, Ord. 728, eff. October 5, 1982]
A person applying for a variance or conditional use permit shall submit an application and such other information as is requested by the Commission or their authorized representatives. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant.
Upon receipt of a complete application, the City Manager or his designee may set the matter for hearing before the Planning Commission. Notice shall be provided for such hearing as set forth in Article 9 of this chapter.
§ 9-8.404 Basis for Approval or Denial of a Conditional Use Permit.
[Ord. 672, as amended by § 7, Ord. 741, eff. July 7, 1983; § 4, Ord. 774, eff. December 17, 1984; § 3, Ord. 1003-01, eff. December 20, 2001; §§ 1 — 4, Ord. 1038-06, eff. March 23, 2006; § 1, Ord. 1097-10, eff. July 1, 2010; amended 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
The Commission shall consider applications for a conditional use permit and may, with such conditions as are deemed necessary, approve a conditional use which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.
(a)
In making such determination, the Commission shall find that the proposed use is in general accord with the following principles and standards:
(1)
The proposed conditional use shall conform with and carry out the certified Land Use Plan for the area.
(2)
The nature, condition, and development of adjacent uses, buildings and structures shall be considered and no proposed conditional use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings and structures.
(3)
The site for a proposed conditional use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this chapter or as required as a condition in order to integrate said use with the uses in the neighborhood.
(4)
The site for a proposed conditional use shall be served by highways and streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate.
(5)
The proposed conditional use shall be consistent with and carry out the purpose and intent of the underlying zone.
(b)
Conditions imposed by the Commission for a conditional use may involve any pertinent factors affecting the establishment, operation and maintenance of the requested use, including, but not limited to:
(1)
Special yards, open spaces and buffer areas.
(2)
Fences and walls.
(3)
Parking facilities, including vehicular ingress and egress and the surfacing of parking area and driveways to specified standards.
(4)
Street and highway dedications and improvements including sidewalks, curbs and gutters.
(5)
Water supply and fire protection.
(6)
Landscaping and maintenance of ground.
(7)
Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation.
(8)
Regulation of operating hours for activities affecting normal neighborhood schedules and functions.
(9)
Regulation of signs, including outdoor advertising.
(10)
A specified validation period limiting the time in which development may begin.
(11)
Provisions for a bond or other surety that the proposed conditional use will be removed on or before a specified date.
(12)
A site plan indicating all details and data as prescribed in this chapter subject to the provisions of Chapter 9-8, Article 2 (Site Plan Review).
(13)
Such other conditions as will make possible the development of the proposed conditional use in an orderly and efficient manner and in general accord with all elements of the General Plan and the intent and purpose of this chapter.
(c)
The Commission shall deny the requested conditional use permit where the findings indicate, and the Commission determines, that the applicant has failed to show that the requested use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to permit the establishment of the proposed use will not prevent detriment or menace as indicated, and that the use is not consistent with the purpose and intent of the underlying zone and does not carry out the Land Use Plan.
§ 9-8.405 Basis for Approval or Denial of a Variance.
[Ord. 672, as amended by § 7, Ord. 741, eff. July 7, 1983; § 4, Ord. 774, eff. December 17, 1984]
The Commission may grant a variance, with such conditions as are deemed necessary to protect the public health, safety and general welfare. Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.
A variance shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property. No variances shall be granted which reduce or adversely affect access to or along the shoreline, including physical or visual qualities of access. The variance shall be consistent with the Local Coastal Program. Conditions imposed by the Commission for a variance may involve any pertinent factors affecting the establishment, operation or maintenance of the requested use, including, but not limited to:
(a)
Granting a variance for a limited time only.
(b)
Granting for a limited time only, an expansion or extension of a previously granted variance or a nonconforming use, on condition that at the end of such time such prior variance or nonconforming use shall also terminate and the property shall thereafter be used for such purposes as are permitted in the zone in which such property is located.
(c)
That certain uses, where authorized by the variance or lawful without such variance, be confined to designated portions of the property or to designated days, or designated times in a day.
(d)
That certain uses, even if lawful without the granting of the variance, not be made of the property.
(e)
That certain uses, where lawful without the granting of the variance, be not made of the property unless and until certain conditions exist.
§ 9-8.406 Notice of Action Taken on a Request for a Variance or Conditional Use Permit.
[Ord. 672, as amended by § 7, Ord. 741, eff. July 7, 1983; Ord. 774, eff. December 17, 1985]
(a)
The Commission shall notify the applicant for a variance or conditional use permit of the action taken on the application.
(b)
Notification of the actions of the Commission shall be made either by serving a notice in a manner required by law for the service of summons, or by mailing of a written notice using registered or certified mail, postage prepaid, with a return receipt requested.
§ 9-8.407 Effective Date of a Variance or Conditional Use Permit.
[Ord. 672, as amended by § 7, Ord. 741, eff. July 7, 1983; § 4, Ord. 774, eff. December 17, 1985; § 3, Ord. 782, eff. November 13, 1985]
An order by the Commission granting or denying a variance or conditional use permit shall become final and effective 15 days after receipt by the applicant of a written notice of action taken on a case provided no appeal of the action taken has been filed with the City Clerk within the said 15 days.
§ 9-8.408 Continuing Validity of a Variance or Conditional Use Permit.
[Ord. 672]
A variance or conditional use permit that is valid and in effect, and was granted pursuant to the provisions of this title, shall adhere to the land and shall continue to be valid upon changes of ownership of the land or any lawfully existing building or structure on said land.
§ 9-8.409 Assurance of Faithful Performance of Imposed Conditions.
[Ord. 672]
Whenever the Commission grants or modifies a variance or conditional use permit and the grant or modification of said variance or conditional use permit is subject to one or more conditions, the Commission may require that the applicant or the owner of the property to which such variance or conditional use permit applies, file with the City Clerk a surety bond, or a corporate surety bond, or a deposit of money, or savings and loan certificates or shares in an amount prescribed and for the purpose of guaranteeing the faithful performance of said conditions.
§ 9-8.410 Expiration Time for a Variance or Conditional Use Permit.
[Ord. 672; § 2, Ord. 866-91, eff. October 3, 1991; § 4, Ord. 897-93, eff. June 3, 1993]
A variance or conditional use permit which is not used within the time specified in said permit, or if no time is specified within 36 months after the granting of the request shall terminate. Such termination shall take effect without further City action if a timely request for an extension of time has not been made or is denied. Any interruption or cessation of the permitted activity that is beyond the control of the property owner shall not result in the termination of such right or privilege.
Upon written request submitted not less than 30 days prior to termination of the approval, the Planning Commission may grant one six-month extension of such right or privilege but only upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance. The City Council may grant one additional extension of not more than six months upon a finding that changed circumstances peculiar to the applicant have resulted in delays beyond the applicant's control, and that the grant of the extension would not be contrary to the provisions of the Zoning Ordinance.
Notice of hearing on any requested extension shall be given to any person who requests notice at or after the hearing on the original grant of the approval.
§ 9-8.411 Termination of a Variance or Conditional Use Permit.
[Ord. 672; § 3, Ord. 1003-01, eff. December 20,2001]
Except as provided in subsection (a) below, a variance or conditional use permit shall cease to be of any force and effect if the use has ceased or been suspended for a consecutive period of one or more years.
(a)
With respect to conditional use permits for transient rentals, the permit or legally nonconforming use shall not terminate if the use has ceased or been suspended for a minimum period of one year and all of the following: (1) the property is rented (or made available for rental) for a minimum one-year period; (2) prior to suspending the transient use, the owner, agent or managing agency notifies the Planning Department in writing of the intention to cease or suspend transient rental in order to rent the property for a minimum one-year period; and (3) the owner, agent or managing agency provides the Planning Department with a copy of a lease agreement for a minimum one-year period.
§ 9-8.412 Maintenance of a Nuisance.
[Ord. 672]
Neither the provisions of this title nor the granting of any variance or conditional use permit authorizes or legalizes the maintenance of a nuisance, either public or private.
§ 9-8.413 Regulations Apply to Conditional Use Permits and Variance.
[Ord. 672]
Unless specifically modified by a conditional use permit or variance all regulations prescribed in the zone in which such conditional use permit or variance is granted shall apply.
§ 9-8.414 Consistency with Hazardous Waste Management Plan.
[§ 2, Ord. 858, eff. August 9, 1990]
Conditional use permit and variance decisions shall be consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan (App. November 30, 1989) relating to siting and siting criteria for hazardous facilities.
§ 9-8.501 Revocation or Modification of a Variance, Conditional Use Permit or Nonconforming Use.
[Ord. 672; § 2, Ord. 1144-15, eff. December 17, 2015]
The Commission on their own motion, or if instructed by the City Council, without the filing of an application, may revoke or modify any previously granted variance, conditional use permit, or nonconforming use after a public hearing if the Commission finds:
(a)
That such variance, conditional use permit or nonconforming use was obtained by fraud; or
(b)
That such variance, conditional use permit or nonconforming use was not being exercised; or
(c)
That such variance, conditional use permit or nonconforming use has ceased or has been suspended for one year or more.
(d)
If any provision of said variance or conditional use permit is held or declared to be invalid, said variance or conditional use permit shall be void and all privileges granted here-under shall lapse.
(e)
If the Commission finds that any term and/or condition of approval of any variance, conditional use permit, or non-conforming use permit are being or have been violated, or that the exercise of any variance, conditional use permit, or non-conforming use permit constitutes, or is likely to constitute, a nuisance, the Commission may, at its sole discretion, revoke or modify such variance, conditional use permit, or non-conforming use permit.
§ 9-8.502 Additional Grounds for the Revocation or Modification of a Nonconforming Use.
[Ord. 672]
A nonconforming use may also be revoked, after a public hearing, if the Commission finds:
(a)
That the conditions of the improvement, if any, on the property are such that to require the property to be utilized only for those uses permitted in the zone where it is located would not impair the constitutional rights of any person, or
(b)
That the nature of said improvements is such that they can be altered so as to be used in conformity with the uses permitted in the zone in which such property is located without impairing the constitutional rights of any person.
§ 9-8.503 Notice of Action of a Revocation.
[Ord. 672]
(a)
The Commission shall notify the person owning or operating a use for which a revocation or modification of a variance, conditional use permit, or nonconforming use, which was the subject of a public hearing for revocation or modification, and such other persons known to the Commission as having any right, title or interest in the property, of the action taken by the Commission.
(b)
Said notification of the action by the Commission shall be made either by serving a notice in the manner required by the law for the service of a summons, or by mailing a written notice using registered or certified mail, postage prepaid, with a return receipt requested.
§ 9-8.504 Effective Date of a Revocation.
[Ord. 672]
An order by the Commission revoking or modifying a variance, conditional use permit or nonconforming use shall become final and effective 15 days after receipt by the owner or operator of such use of a written notice of action taken on a case, provided no appeal of the action taken has been filed with the City Clerk within the said 15 days.
§ 9-8.601 Appeals of Commission Decision.
[Ord. 672]
(a)
Within 15 days after the receipt by the applicant for a variance or conditional use permit, or receipt by the owner or operator of a use which was the subject of a public hearing for revocation or modification, or notice of the action of the Commission, any person dissatisfied with the action of the Commission may file with the City Clerk an appeal from such action.
(b)
Upon receiving a notice of appeal, the City Council may:
(1)
Affirm the action of the Commission; or
(2)
Require a transcript or recording of the testimony, and all other evidence upon which the Commission made its decision, and after receiving such evidence take such action as, in its opinion, is indicated by such evidence alone; or
(3)
Refer the matter back to the Commission, with or without instructions for further proceedings; or
(4)
Set the matter for hearing before itself. At such hearing, it shall hear and decide the case de novo.
§ 9-8.602 Points Considered on Appeal.
[Ord. 672]
In any case in which the City Council sets the matter for hearing before itself, or receives the transcript or recording and all other evidence upon which the Commission made its decision, City Council's decision on appeal need not be limited to the points appealed, but may cover all phases of the matter including the addition or deletion of any conditions.
§ 9-8.603 Finality of Decisions Regarding Appeals.
[Ord. 672]
The decision of the City Council upon an appeal from an action of the Commission, is final and conclusive as to all things involved in the matter.
§ 9-8.701 Applications of Regulations.
[Ord. 672]
The following regulations shall apply to all nonconforming uses:
Continuation of Nonconforming Uses. A nonconforming use may be continuously maintained provided there is no alteration or addition to any structure nor any enlargement of area, space or volume occupied by or devoted to such use, except as otherwise provided in this title.
§ 9-8.702 Termination of Nonconforming Uses.
§ 9-8.703 Nonconforming Structures.
[Ord. 672; § 1, Ord. 854-90, eff. March 22, 1990; § 5, Ord. 945-97, eff. October 16, 1997; § 1, Ord. 1047-06, eff. December 7, 2006; §§ 1, 2, Ord. 1087-09, eff. November 19, 2009]
The following regulations shall apply to all buildings and structures which are nonconforming as a result of development standards adopted in this title.
(a)
A nonconforming building or structure may be continuously maintained provided there is no alteration, addition or enlargement of any area, space or volume of the structure, except for the following:
(1)
The alteration is required by other applicable law;
(2)
The alteration will result in the elimination of the nonconforming conditions; or
(3)
The alteration consists of a minor improvement, repair, modification, or remodeling which does not increase the degree of nonconformity present. Any new structure incidental to the nonconforming building or structure is deemed to be an expansion under this section.
(4)
The premises are located on a lot which is less than 2,200 square feet and in the area depicted in Appendix A, the nonconformity relates to parking, setbacks or height and the alteration or improvement results in an increase of less than 50% of the square footage of the existing or previously existing structure. For all other premises, the nonconformity relates to parking or setbacks and the alteration or improvement results in an increase of 70 square feet or less.
(b)
Buildings or structures damaged or destroyed by fire, flood or other natural disasters may be rebuilt to their preexisting setbacks, sizes, floor area ratios and densities or legal nonconformities with the development standards established by this Title as long as there is no increase in the nonconformity from that which existed prior to the buildings or structures' damage or destruction.
(c)
A building or structure that is located in a residential zone and is nonconforming as to density may maintain the nonconforming density and be permitted to seek approval to alter, add to or enlarge area, space or volume of the structure, but only when all of the following apply:
(1)
The nonconforming density is no more than one unit above the number of units that would be permitted under current zoning regulations, including therewith density bonus units;
(2)
The alteration, addition or enlargement does not increase the existing degree of nonconformity as to any development standard other than density, such as height, floor to lot ration, setbacks, lot coverage, parking, or the provision of trash storage, unless a variance is applied and granted therefor.
(3)
The owner enters into a recorded agreement approved by the City Attorney restricting the use of the nonconforming units to year round housing for a period of 15 years from the date of the issuance of a building permit for the alteration, addition or enlargement.
(4)
The nonconforming unit has existed for at least five years before July 1, 2006, as reflected by records in the Los Angeles County Assessor's, records of the City Finance Office for payment of salt, sewer and/or trash fees or similar documentation which, the determination of the Planning Commission confirms the existence of the unit for the required time period.
§ 9-8.801 Filing Fees and Deposits.
[Ord. 672; amended 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
Each applicant for a change of zone, variance, conditional use permit, site plan review, Transient Rental License, or for other relief provided for in this title, shall pay those fees and costs as established by resolution of the City Council of the City of Avalon.
§ 9-8.802 Penalties.
[§ 1, Ord. 700; § 4, Ord. 1003-01, eff. December 20,2001; amended 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021]
(a)
Except as provided in subsection (b) below, the filing fees and deposits specified in § 9-8.801 of this article may be increased by the Planning Commission, in its discretion, after notice and hearing, up to a maximum of five times, when work requiring a permit has been started or carried on prior to obtaining all required permits.
(b)
With regard to a Transient Rental License for transient rentals pursuant to§ 3-1.301 et seq., the filing fees and deposits specified in § 9-8.801 of this article and applicable thereto may be increased by the Planning Commission, in its discretion, after notice and hearing when such use has been made, advertised, started or carried on prior to obtaining all required licenses and other approvals. In addition, any person making, advertising, starting or carrying on transient rental use prior to obtaining all required licenses and other approvals shall submit to an audit, pay to the City the cost thereof, and pay all amounts found to be due after such audit. No license for transient use shall be issued until the provisions of this section and any penalties assessed and all audit requirements have been fully satisfied.
§ 9-8.901 Notice of Public Hearing on Applications or Petitions for a Zone Change, Variance or Conditional Use Permit.
[Ord. 672; § 6, Ord. 1003-01, eff. December 20,2001]
Not less than 10 days prior to the date of a hearing on applications or petitions for a zone change, variance or conditional use permit, the Commission shall give notice which shall include the time, place, and purpose of such hearing, the general location of the property under consideration, and such other information as it deems necessary as provided herein:
(a)
Cause a copy of such notice to be published once in a newspaper of general circulation in the City of Avalon;
(b)
Cause such notice to be mailed by first-class mail, postage prepaid, to the applicant and to all persons whose names and addresses appear on the latest available assessment roll of the County of Los Angeles as owning property within a distance of 300 feet from the exterior boundaries of the area actually to be occupied by the use for which an application for a variance or conditional use permit is filed, or, in the case of a zone change, from the exterior boundaries of the property for which a petition for a change of zone is filed, and to such other persons whose property or interests might, in the judgment of the Commission or its designee, be affected by the establishment of the variance, zone change or conditional use permit requested. In the case of an application for a conditional use permit for transient rental, the Commission shall also cause to be posted on the subject property in a location clearly visible from the street, a notice which measures at least 11 inches by 14 inches and which contains the information included in the notice as set forth in subsection (a) above; and
(c)
If the Commission finds that the mailing of notices prescribed elsewhere in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected. This notice may be combined with any coastal permit.
§ 9-8.1001 Procedure for Enforcement.
[Ord. 672]
Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title shall be and the same is hereby declared to be unlawful, and the City Attorney at the request of the Commission shall commence appropriate legal action or proceedings for the abatement, removal or the enjoining thereof, in the manner prescribed by law.
§ 9-8.1101 Penalty for Violations of This Title.
[Ord. 672]
Violation of any provisions of this title or of any approval, conditional use permit, or variance granted hereunder is a misdemeanor. Conviction for such misdemeanor shall be punishable by a fine not to exceed $500, or by imprisonment in the County Jail for a period not to exceed six months, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this title occurs or continues constitutes a separate offense and upon conviction thereof shall be punishable as herein provided.
Any violation of this title shall also constitute a violation of Division 20, § 30000 et seq. of the Public Resources Code of the State of California and shall be subject to the remedies, fines and penalties provided in Division 20, Chapter 9, § 30800 et seq. of the Public Resources Code. However, this provision shall not preclude any enforcement under the provisions of the City of Avalon Municipal Code.
§ 9-8.1201 Story Poles.
[§ 1, Ord. 1102-10, eff. January 6, 2011; § 1, Ord. 1139-15, eff. August 6, 2015]
(a)
The installation or staking of story poles shall be required in the following instances:
(1)
For all applications for proposed new development or redevelopment projects which request a variance from standards of development dictating height requirements; or
(2)
On a case-by-case basis as required by the Planning Commission when, upon consideration of an application for an entitlement, the Planning Commission finds that story poles would assist the Planning Commission in its consideration of the entitlement.
(b)
All story poles must be installed or staked not less than 15 days prior to the date for which the hearing on the application is scheduled.
(c)
A story pole plan shall be reviewed by Planning Staff in coordination with the applicant prior to installation of story poles. The plan shall include the following:
(1)
Placement of story poles that are sufficient to show the mass, bulk, height, and scale of the structures and measured from a permanent benchmark on or near the proposed project.
(2)
Major building corners, finished floor levels, significant elements, length of facade within a specific view shed, ridgelines, and a scale should be shown. It may be necessary to stake more than just the four corners of a structure if significant spans are involved.
(3)
Outline of the building footprint with stakes and construction netting or other visible project elements.
(4)
Changes proposed in grade, with finished height and elevations, should be shown by color coding the stakes or poles.
(5)
Materials proposed to be used for story poles: Story poles should be made of 2x lumber or metal pipe (PVC piping may be allowed in some instances) or other study material and cable, wire or rope of sufficient gage to be visible from off-site. All lumber or pipe should be braced for safety purposes. The cable, wire or rope connections should clearly depict the roofline and ridgelines. Installed story poles, site key, and associated flagging shall be of materials and method of installation to withstand reasonably foreseeable weather or other site factors for the required duration of display.
(6)
For large or complex projects (determined at the discretion of the Planning Director), a story pole plan and legend (11 inches by 17 inches) will be posted on the project site and the Planning Staff's website to inform viewers about the project.
(7)
The plan is to include the date the story poles are proposed to be installed, as well as the length of time the story poles will remain on site.
(d)
Notwithstanding the requirements in subsection (c), the story poles do not have to and should not depict all the articulations of the building.
(e)
The story poles shall be installed according to the story pole plan and the following requirements:
(1)
The story pole installation shall be certified by the licensed professional (surveyor, architect, landscape architect, or contractor) who prepared the story pole plan and/or installed the story poles. The certification shall be submitted to staff after installation of the story poles, but before review by the Planning Commission or other review body.
(2)
Story poles shall remain in place for a minimum of 15 days after the review hearing to allow for filing of any appeal per § 1-4.02. The poles shall also remain in place throughout the duration of the appeal process and until final resolution of the matter by the City Council, unless the City Council has given permission for the poles to be removed during the appeal process.
(3)
If story poles are damaged, replacement may be required as directed by the Planning Director.