Local zoning · Avalon

Avalon — Variances and Exceptions

Variances and Exceptions under the Avalon local zoning and planning code, with the controlling citations.

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Last reviewed: July 3, 2026

Overview

This page explains how the City of Avalon handles variances and exceptions under the local zoning ordinance (Title 9 of the Avalon Municipal Code). It summarizes who decides, what findings are required, common limits (including coastal/shoreline constraints), and how variances interact with district development standards. For the code backbone see the city's Avalon Zoning and the city's Avalon Development Standards pages.

Core rules (what the ordinance actually says)

  • The Planning Commission is the primary decision maker authorized to hear and grant variances and conditional use permits; procedural requirements to submit, notice, and hearings are established in the administration articles § 9-8.401–§ 9-8.403 and § 9-8.901 .
  • The factual basis for approving a variance is set out in § 9-8.405: a variance may be granted only where special circumstances of the property (size, shape, topography, location or surroundings) cause strict application of the ordinance to deprive the property of privileges enjoyed by other similarly zoned properties; approvals must avoid creating a special privilege, be consistent with surrounding uses, and protect public health, safety and welfare § 9-8.405 .
  • Additional variance rules specific to development standards (general standards of development) appear in subparts such as § 9-7.727–§ 9-7.729 (variance authority, requirements, appeals) and the filing/fee rules in § 9-8.801 .
  • The Planning Commission (and in some cases the Planning Director or City Council) may grant limited waivers or exceptions where hardship or technical infeasibility is shown (for example, waivers tied to unusual circumstances are authorized in § 9-7.505; limited exceptions for wireless facilities are in § 9-7.1010) .
  • Variances may not authorize a use that is not otherwise allowed in the base zone, and they must be consistent with the Local Coastal Program where applicable; the code explicitly prohibits variances that would reduce or impair shoreline access or the visual/physical qualities of access § 9-8.405 and § 9-7.728 .
  • A variance becomes final 15 days after written notice unless appealed; existing variances run with the land but can be terminated, suspended, or revoked under specific conditions (see § 9-8.407–§ 9-8.412 and revocation rules § 9-8.501–§ 9-8.504 ) .

Note: This page focuses only on the Avalon zoning/planning ordinance (Title 9). For building-safety standards see the California Building Standards Code.

District-by-district practical breakdown (how variances and exceptions play out by zone)

Below are the principal Avalon zoning districts relevant to variances. Each district lists purpose, typical uses, key dimensional or procedural standards (where the code supplies them), and special variance/exception notes tied to the Code.

LD — Low Density Residential (LD)

  • Purpose: Provide low-density residential and low-intensity recreational uses on slope/perimeter lands § 9-5.201 .
  • Typical permitted uses: detached residential on slopes under 30°, parks, passive recreation, resource preservation § 9-5.202 .
  • Key standards cited: setbacks — no building closer than 10 ft from a street/project boundary line and 6 ft to another building; height rules vary by lot slope (e.g., for lots ≤10° max 28 ft and two stories) § 9-5.405(e) .
  • Variance notes: The Commission may deny variances inconsistent with the LD intent; the ordinance warns the Commission "shall not permit variance from those standards unless it finds the variance meets the intent" § 9-5.201 .

MD — Multiple Residential — Medium Density (MD)

  • Purpose: Accommodate medium-density multi-family housing (designation listed at § 9-5.101) .
  • Typical uses: multi-family dwellings, accessory uses. Specific permitted-uses and numeric development standards for MD are set in the code body but were not fully located in the retrieved excerpts. Verify the applicable numeric standards in the code text for § 9-5.3xx (not found in retrieved materials) — Verify with the jurisdiction.

HD — Multiple Residential — High Density (HD)

  • Purpose: Higher-density housing; used especially in central/near-harbor areas § 9-5.101 .
  • Typical uses and numeric development standards: Not fully available in the retrieved excerpts. For projects proposing increased density (or seeking density-related variances), the general variance rules § 9-8.405 and development standard conformity § 9-7.102 apply; confirm HD numeric standards in the underlying code sections (Verify with the jurisdiction) .

L/M — Low and Moderate Income Housing (L/M)

  • Purpose: Provide areas for low and moderate income housing and meet RHNA targets § 9-5.501 .
  • Typical permitted uses: low/moderate income housing, parks, mobile home parks § 9-5.502 .
  • Standards and variance interaction: Development in L/M is subject to Chapter 9-7 general standards; if a variance is sought to change density or development standards, the variance findings in § 9-8.405 control (special circumstances must be shown) .

C — Commercial (C)

  • Purpose: Service and retail uses serving the public; standards in § 9-6.201–§ 9-6.202 .
  • Typical permitted uses: grocery, marine sales & service, general retail and services (full list in § 9-6.202) .
  • Variances: The Commission can tailor conditions to protect surrounding properties; no variance may authorize a use not allowed in C § 9-8.405 .

SC — Special Commercial (SC)

  • Purpose: Allows commercial with possible residential mixed-uses; explicitly permits limited residential per § 9-6.102 .
  • Typical uses and variance context: Because residential is permitted, variances requesting setback/height relief must still meet § 9-8.405 (no special privilege; consistent with surroundings) — confirm numeric SC standards in code (not fully in retrieved excerpts) — Verify with the jurisdiction.

R-R — Resort/Recreation (R/R)

  • Purpose: Resort and visitor-serving uses; hotels/visitor services are primary uses § 9-6.401 .
  • Typical uses: hotels, inns, lodges, visitor-serving retail, restaurants; larger hotels may require a conditional use permit § 9-6.402–§ 9-6.403 .
  • District exceptions & development caps: Some areas (e.g., Descanso Canyon) have district-specific numeric caps: maximum building height 7 stories / lot coverage 20%, floor area 140% for Descanso Canyon; other sector-specific caps (Sector 10) are lower and reference the C zone standards with exceptions § 9-6.404 .
  • Variance notes: The code allows variance of height/story limitations only with findings; shoreline-adjacent standards are especially strict and constrained by coastal policies § 9-6.404 and § 9-8.103 (coastal permit findings) .

P — Public (P)

  • Purpose: Public-service uses (schools, parks, hospitals, corporate yards) § 9-6.501–§ 9-6.502 .
  • Variance/exception notes: Uses allowed in P usually mirror C for development standards; variances for public uses are considered under the general variance provisions § 9-8.405 and may include conditions such as required dedications/improvements § 9-7.507 .

Quick decision-relevant table (most used code cross-reference)

Issue / Use Typical Code Rule Code Reference
Variance approval standard (special circumstances; no special privilege) Variances only when strict ordinance application deprives property of privileges of similarly zoned properties; must not grant special privilege, must protect public welfare § 9-8.405
Variance application contents / filing fee Legal description required; separate filing fee set by City Council resolution § 9-7.728(d); § 9-8.801
Notice & hearing requirements for variance/CUP Mailed notice to owners within 300 ft; published notice; posting in some cases § 9-8.901
Coastal consistency / shoreline access limit Variances cannot reduce or adversely affect shoreline access or its visual/physical qualities; LCP consistency required § 9-8.405; § 9-7.728
Waivers for unusual circumstances (non-financial hardship) Planning Commission may waive provisions upon determination of hardship by unusual circumstances (not individual financial hardship) § 9-7.505
Wireless facility exceptions (limited exceptions) Planning Director/Commission/Council can grant limited exceptions to wireless design/development standards under narrow findings § 9-7.1010
Revocation / termination of variance Variance/CUP ceases after 1+ year of suspended use in general; revocation after public hearing for fraud, nonuse or nuisance § 9-8.411; § 9-8.501

How variances interact with other review processes (practical guidance)

  • A variance is discretionary and separate from objective design approvals: it does not replace required site plan review or design review. Expect to coordinate variance requests with any required design review or parking relief; the Commission commonly imposes conditions relating to parking, landscaping, and operational limits § 9-6.202 and § 9-8.405(b) .
  • Many development standards (setbacks, heights, coverage) are codified in Chapter 9-7 (Avalon Development Standards); when a variance seeks relief from those numeric standards the Commission must make the special-circumstances findings in § 9-8.405 .
  • Coastal-zone projects must meet Local Coastal Program / coastal permit findings (see § 9-8.103); variances that affect the shoreline or public access are strictly constrained § 9-8.103 .
  • For accessory residential matters such as ADUs, the City has dedicated ADU provisions that interact with variances; if an ADU cannot meet objective ADU standards, the ordinance permits conditional or discretionary review under limited circumstances — check § 9-5.606 and related ADU sections and consult Avalon ADUs .

Checklist (what an applicant must satisfy to request a variance / exception)

  • Prepare a complete variance application with a legal description of the property and full project description § 9-7.728(d) .
  • Pay the filing fee (amount set by City Council resolution) § 9-8.801 .
  • Show why the property has special circumstances (size, shape, topography, location, surroundings) that cause practical difficulty or unnecessary hardship so strict application would deprive the property privileges of nearby, similarly zoned parcels § 9-8.405 .
  • Demonstrate the variance will not be a special privilege, will be consistent with surrounding uses, nor be detrimental to public health, safety, or welfare § 9-8.405 and § 9-7.728 .
  • If in the coastal zone, provide evidence of Local Coastal Program consistency and that shoreline access is not impaired § 9-8.103 and § 9-8.405 .
  • Prepare to attend a noticed public hearing (notice to owners within 300 ft; published notice; posted notice where required) § 9-8.901 .
  • If relief touches other standards (setbacks, parking, signs, landscaping), include concurrent requests or documentation of how conditions will be satisfied (Commission can impose conditions under variance § 9-8.405 ) .

Risks & Ambiguities

Issue Why it matters What to verify
Shoreline / coastal constraints Variances cannot reduce or impair shoreline access or LCP consistency; coastal findings are separately required, and coastal appeals may follow § 9-8.405 Confirm coastal permit requirements and appealability; check § 9-8.103 and § 9-8.405
“Special privilege” standard The code forbids granting relief that amounts to a special privilege; this is subjective and often the decisive finding § 9-8.405 Provide comparables and objective evidence showing neighboring properties are similarly restricted; verify case law/past Commission practice (Verify with the jurisdiction)
Fire safety & sideyard relief Sideyard setbacks less than 3 ft require Avalon Fire Department clearance per development standards § 9-5.405(3) If requesting < 3 ft sideyard, secure Fire Department review/letter § 9-5.405
Unclear numeric standards for some zones (MD/HD/SC specifics) Some MD/HD numeric details were not present in the retrieved excerpts Confirm the zone-specific numeric standards in the code text for MD/HD/SC (Verify with the jurisdiction)
Continuing validity and revocation risk Variance/CUP can be revoked for fraud, nonuse, nuisance, or suspension >1 year § 9-8.501–§ 9-8.504; § 9-8.411 Ensure conditions of approval are tracked and complied with; check expiration/validation period in the approval § 9-8.411
Interaction with ADU and SB9 rules State ADU and SB9 provisions sometimes limit local discretion; local ADU code provides specific rules that may reduce the need for a variance § 9-5.603 et seq. Check ADU-specific rules and whether objective ADU compliance is possible before seeking discretionary variance § 9-5.603

Plain-English Summary

In Avalon the Planning Commission can grant a variance only when a property’s particular features make the strict zoning rule impractical and the relief will not be a special privilege, harm the public, or interfere with shoreline access; applications require a legal description, fees, public notice/hearing, and must meet the specific findings set out in § 9-8.405 and related code sections .

Source References

  • Basis for variance findings and limits: § 9-8.405 .
  • Variance requirements, filing and appeal: § 9-7.727–§ 9-7.729 and § 9-8.406–§ 9-8.409 .
  • Administrative procedures for variances/CUPs (application, hearing, notice): § 9-8.401–§ 9-8.403 and § 9-8.901 .
  • Waiver authority / improvements/dedications in connection with variance: § 9-7.505; § 9-7.507–§ 9-7.509 .
  • Limited exceptions for wireless facilities: § 9-7.1010 .
  • Termination and revocation rules: § 9-8.411; § 9-8.501–§ 9-8.504 .
  • Residential zone designations and LD rules: § 9-5.101; § 9-5.201–§ 9-5.202; § 9-5.405(e) .
  • L/M zone intent and permitted uses: § 9-5.501–§ 9-5.503 .
  • Commercial / Resort-Recreation zones and district exceptions (Descanso Canyon): § 9-6.101–§ 9-6.404 .
  • Filing fees and fee adjustments: § 9-8.801–§ 9-8.802 .
  • ADU definitions and interaction with discretionary approvals: § 9-5.603; § 9-5.606 .
  • Avalon Zoning overview (site menu): Avalon Zoning
  • Avalon Development Standards (site menu): Avalon Development Standards
  • Avalon Parking (site menu): Avalon Parking
  • Avalon Design Review (site menu): Avalon Design Review
  • Avalon Overlay Districts (site menu): Avalon Overlay Districts
  • Avalon ADUs (site menu): Avalon ADUs
  • State building code mention (for coordination only): California Building Standards Code

Sources

Retrieved passages

  • Avalon Zoning Code (§ 1) High relevance
  • Avalon Zoning Code (§ 9-8.406.) High relevance
  • Avalon Zoning Code (§ 9-8.502.) High relevance
  • Avalon Zoning Code (§ 9-7.505.) High relevance
  • Avalon Zoning Code (Article 8.) High relevance
  • CBC § 9 (§ 9-5.608.) High relevance
  • Avalon Zoning Code (§ 9-3.204.) High relevance
  • Avalon Zoning Code (§ 9-7.725.) High relevance
  • Avalon Zoning Code (chapter subject) Medium relevance
  • Avalon Zoning Code (Article 5.) Medium relevance
  • Avalon Zoning Code (Title 24) Medium relevance
  • Avalon Zoning Code (§ 9-5.603.) Medium relevance
  • Avalon Zoning Code (§ 9-3.617.) Medium relevance
  • Avalon Zoning Code (section may) Medium relevance
  • Avalon Zoning Code (§ 9-7.1003.) Medium relevance
  • Avalon Zoning Code (§ 9-8.302.) Medium relevance

Cited sections

Frequently asked questions

What findings must the Avalon Planning Commission make to grant a variance?

The Commission must find that the property has special circumstances (size, shape, topography, location or surroundings) so that strict application of the zoning rules deprives it of privileges enjoyed by similar nearby properties; the variance must not grant a special privilege, must be consistent with surrounding uses, and must not harm public health, safety or welfare § 9-8.405 .

Can I get a variance that lets me build a use not allowed in my zone?

No. A variance may not authorize a use that is not otherwise expressly allowed by the zone; variances can only modify development standards, not create new permitted land uses § 9-8.405 .

How will neighbors be notified about my variance hearing in Avalon?

The City mails notice to property owners within 300 ft, publishes a notice in a local newspaper, and may post on the property; these minimum notice steps are set out in § 9-8.901 .

Do coastal projects have special variance limits in Avalon?

Yes. Variances affecting shoreline access or visual/physical access to the coast are tightly limited; any coastal development actions must meet Local Coastal Program findings under the coastal procedures in § 9-8.103, and the variance cannot reduce or impair shoreline access § 9-8.103; § 9-8.405 .

If I get a variance, does it expire or transfer if I sell the property?

A valid variance "adheres to the land" and generally continues upon change of ownership § 9-8.408; however, a variance can be revoked if it was obtained by fraud, not exercised, suspended for more than a year, or if conditions are violated § 9-8.501; § 9-8.411 .

Can the Planning Director grant small exceptions or do all variances require the Commission?

Some limited exceptions/waivers (for example certain waivers for public improvements or minor exceptions for wireless facilities) can be handled administratively but major dimensional variances and discretionary relief are processed by the Planning Commission per § 9-7.505 and § 9-7.1010; check the specific article for the relief you need § 9-7.505; § 9-7.1010 .

If my ADU doesn't meet local objective ADU standards, do I need a variance?

Avalon's ADU rules allow some discretionary relief pathways (the ADU article allows conditional/discretionary review in limited cases), but the ADU chapter and state ADU law interact in complex ways; consult § 9-5.603 and § 9-5.606 and consider whether a conditional permit (not a variance) is the correct path § 9-5.603; § 9-5.606 .

Are there automatic height/coverage variances for hillside or special areas?

Certain subareas (e.g., Descanso Canyon in the R-R zone) have their own district-specific height, lot coverage, and floor area standards; any variance relieving those standards still requires the findings in § 9-8.405 § 9-6.404 .

How long after a decision is a variance effective, and can it be appealed?

A variance decision becomes effective 15 days after the applicant receives written notice unless appealed to the City Council within that period; appeals procedures are in § 9-8.407 and Article 6 of Chapter 9-8 § 9-8.407; § 9-8.601 .

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