[§ 4, Ord. 1156-17, eff. April 6, 2017; amended 8-16-2022 by Ord. No. 1207-22, eff. September 15, 2022]
(a) 
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.
(b) 
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.
(c) 
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:
(1) 
Construction Staging Areas, which shall mean the temporary use of property by a licensed contractor engaged in a permitted construction project for storage of construction equipment and materials, only for the duration of the construction project.
(2) 
Stockpiling, which shall mean the temporary storage of clean dirt, sand, gravel, or similar non-polluting materials for a limited period of time, on a property where such material is not proposed to be used for construction activities.
(3) 
Temporary Structures for Specific Uses and Time Periods. Such structures may include manufactured or modular buildings, trailer coaches, self-contained recreational vehicles, or similar temporary facilities for uses including the following:
a. 
Temporary construction offices serving active construction sites;
b. 
Tanks, pumps and similar structures for groundwater quality remediation; and
c. 
Temporary storage containers serving active construction sites only.
(d) 
General Provisions.
(1) 
The City Manager may approve, conditionally approve or deny a permit for a temporary use, and may establish conditions and limitations, including but not limited to hours of operation, provision of parking areas, signs, lighting, traffic circulation and access, temporary or permanent site improvements, noise control, sanitary facilities, refuse collection and disposal, fire protection, provision of utilities, and other measures necessary to minimize potential effects on properties adjacent to or in the vicinity of the proposed temporary use.
(2) 
The City may require a cash deposit or other security as approved by the City Attorney to defray costs related to the permit or the use, including but not limited to potential costs for the cleanup of the site by the City, in the event the applicant fails to leave the property in a presentable and satisfactory condition, or potential costs to guarantee removal and/or conversion of any temporary use.
(3) 
The temporary use permit shall identify its expiration date, which shall be the date that the use is reasonably expected to terminate. Upon issuance of a temporary use permit, the City Manager shall immediately notify the City Council and put notice of the issuance of the temporary use permit on the City's website. The expiration date shall not be beyond one year from the date of issuance, unless good cause is shown. The City Manager may approve or conditionally approve an extension of a temporary use permit, provided that there is good cause for the extension. The City Council shall consider any issuance or extension of a temporary use permit that goes beyond two years. Notwithstanding the expiration date, temporary use permits shall automatically terminate upon the abandonment or termination of the temporary use.
(4) 
If the temporary use permit is related to construction, then the permit shall identify the site upon which the construction is proceeding. The temporary use permit shall automatically expire within 30 days of completion of construction. For purposes of this section, "completion" shall have the same meaning as in § 8180 of the California Civil Code, as amended from time to time. Unless otherwise specified by an approved temporary use permit, all sites for temporary uses shall be cleaned of trash, debris and any temporary structures prior to expiration of the permit.
(5) 
Temporary use permits shall not run with the land. A change in ownership or operator of a use or structure subject to a temporary use permit, as specified in this section, or an approved change or modification to the structure or use allowed on a parcel subject to such a permit, shall not affect the time periods established by this section which allow such temporary uses or structures.
(e) 
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.
(f) 
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:
(1) 
The use is consistent with the general purposes of the General Plan and this section.
(2) 
Appropriate measures have been taken to protect the public health, safety, and general welfare to minimize detrimental effects on adjacent properties.
(3) 
The operation and maintenance of the use will be conducted so as to minimize the impact on existing uses on adjoining properties and in the surrounding area.
(4) 
The temporary use will have adequate parking, ingress and egress, traffic circulation and access, and provisions for pedestrian safety.
(5) 
All structures and equipment are erected and maintained in compliance with the Municipal Code.
(6) 
The subject site will be restored to its original or better condition upon termination of the temporary use.
(7) 
The temporary use is not detrimental to the public health, safety and welfare and has specific identifiable benefits to the City of Avalon and its residents.
(g) 
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.
(h) 
Violations and Revocation.
(1) 
The provisions of subsections 9-8.1001 and 9-8.1101 shall apply to temporary use permits issued under this section.
(2) 
Any temporary use permit is subject to revocation if the use is being conducted in violation of the Municipal Code, the terms and conditions of such permit or otherwise in violation of the law, or if the temporary use permit was obtained by fraud. A notice of revocation shall provide the holder of the permit with the opportunity for a hearing prior to revocation. Failure to request a hearing within the time stated in the notice of revocation shall render the revocation final. If requested, the hearing shall be before the City Manager whose decision shall be final.