ORDINANCE NO. ____

 

AN ORDINANCE OF CITY COUNCIL OF THE CITY OF

AVALON AMENDING THE PLANNING CODE TO ESTABLISH

PROVISIONS FOR THE APPROVAL, INSPECTION AND

CONDITIONS OF OPERATION FOR TRANSIENT RENTALS

AND AMENDING THE AVALON MUNICIPAL CODE

 

            THE CITY COUNCIL OF THE CITY OF AVALON DOES HEREBY ORDAIN AS FOLLOWS;

 

 

         Section 1.      This ordinance is adopted based upon the following findings:

 

A.        That the rental of private homes, townhouses and condominiums by the owners

            thereof or the owner’s authorized representative, for transient occupancy has been identified as a community concern in that such occupancies may contribute to

            increased traffic, parking, fire hazards, noise, density and other impacts in

            residential areas and may exacerbate the critical long-term housing shortage in

            the city; if these uses are not properly regulated;

 

B.             That the number of occupants in such transient rentals has often exceeded

            standards for the design capacity of such structures causing health and safety

            problems, and as such constitute a danger to life and adjacent properties;

 

C.             That the current freshwater shortage necessitates the adoption of measures to

            ensure that transient renters are aware of the City’s imposition of conservation

            measures;

 

D.             That the success of the City’s recycling program depends upon adequate controls

            to ensure that transient rentals participate therein;

 

E.              That the rental and advertising of private residences on a regular basis is a

            business enterprise and requires special regulations to ensure that it is not

            inconsistent with other residential uses;

 

F.              That minimum health and safety standards are necessary to protect the occupants

            and neighboring properties of transient rentals;

 

 

G.          That the requirements set forth herein should apply equally to all transient rentals

          whether pursuant to existing grandfathered status or a permit issued by the

          Planning Commission;

 

H.          That the Planning Commission conducted public hearings on February 28,2001,

          March 28, 2001, and May 30, 2001 and forwarded to the City Council for

          consideration, with a recommendation for adoption, the provisions stated below.

 

Section 2.      Section 9-3613 (“M” Definitions) of the Avalon Municipal Code is hereby amended by adding the following in appropriate alphabetical order:

 

“Managing agency or agent” shall mean a person, firm or agency representing the owner

of a transient rental property, or a person, firm or agency owning more than one property which

is used for transient rental, and includes a person or entity which is both an owner and a

“managing agent” of the same property.

 

Section 3.      Section 9-8.404 of the Avalon Municipal Code is hereby amended by

adding the following thereto:

 

(d)    Additional Considerations for Transient Rental Use. In addition to the foregoing,

the Planning Commission shall consider the following in connection with an application for a conditional use permit for transient rental use:

 

(1)   Year-Round Rental Status. In the absence of adequate mitigating measures

proposed by the applicant, the application should be denied where the subject property is or has

been rented for periods of more than 30 consecutive days to the same occupant at any time

during the two years preceding the application.

 

(2)   Neighborhood Impacts. The Planning Commission shall consider the

objections of the owners and occupants of neighboring properties in determining whether the

proposed use is consistent with the surrounding properties and the extent to which such impacts

may be mitigated by the imposition of the standard conditions listed below or by the imposition

of additional conditions. The Planning Commission may consider objections previously made in connection with applications for transient rental use at other properties located within the same

general area as the subject application; however, the Planning Commission should consider the

time between the prior application and the subject application, the geographical proximity of the

subject application to the prior application, any differing circumstances, and additional

mitigating measures proposed by the applicant, and changes in the general area, in determining

the weight to be given such prior objections.

 

(3) Single and Multiple Unit Properties. In the absence of other negative

findings, (a) where the property is the only unit owned by the applicant in the City and the

applicant proposes to use the property himself from time to time; or (b) where the subject

property contains multiple units or the applicant owns other separate properties in the City of

Avalon which are utilized for year-round rental, the Planning Commission should approve the application.

 

(4)  Condominium Associations Having Ten (10) or More Units. In the case of

an application concerning property located within a condominium or similar congregate housing

project consisting of ten (10) or more units, the applicant shall only be required to demonstrate

that (1) the subject property is not or has not been rented for periods of more than 30

consecutive days to the same occupant at any time during the two years preceding the

application; and (2) that the governing body of the association has consented to the proposed

transient use.

 

(e)   Conditions to be Imposed Upon Conditional Use Permits for Transient Rental.

The conditions of approval shall include the following, plus such additional conditions which

the Planning Commission determines are appropriate to mitigate impacts of the use:

 

(1) Approval shall automatically expire within two years of approval;

 

(2) All of the requirements and standards contained in subsection (f) below.

 

(f) Requirements and Standards Applicable to All Transient Rentals: The following requirements shall apply to all properties used for transient rental:

 

(1) Registration, Inspection and Licensing Requirements.

 

(A)        Any managing agency, agent, owner or property manager who rents one or

           more transient private home rental units shall be required to obtain a City

           business license. Failure to obtain a business license or continuing to

           operate a transient rental after revocation of a business license constitutes

           an infraction pursuant to Section 1-2.01(b) of the Municipal Code, and

           may result in imposition of a fine upon conviction among other penalties.

 

All transient rentals shall be subject to collection of transient occupancy tax as

required by the Municipal Code, and each managing agency, agent, owner and property manager

of a transient rental shall collect and make payment to the City of the transient occupancy tax for

their transient rental.

(B)         The managing agency, agent, owner and property manager of each

               unit to be used as a transient rental shall register each transient rental unit with the City Finance Department prior to commencing the use. A fee, established in the City’s fee resolution, may be collected by the City to cover the reasonable cost of processing the registration. Transient rentals which have been previously approved or are grandfathered under the provisions of this Code shall also be subject to the requirements of this ordinance; these units must be registered with the City no later than ninety (90) days after the effective date of this ordinance or the business license issued to the agency, agent, owner or property manager of the unit may be revoked and other appropriate action taken to compel compliance with the provisions of this Code.

 

(C)      Every managing agency or agent shall maintain on file with the City’s Planning Department a list of the addresses of all transient rental properties under their management, to be updated quarterly. Owners names and client lists shall not be required. Any information submitted to the City under this provision shall be treated as confidential pursuant to Evidence Code section 1060;

 

(2)  Sign Requirements. Each transient rental unit shall have posted during

all times that the unit is being used as a transient rental, one (1) sign, which shall be available for purchase at a reasonable cost through the City of Avalon Finance Department. The sign shall not exceed two (2) square feet in size, shall have lettering of sufficient size to be easily read from a place accessible to the public, and shall be attached to the unit in a location which is clearly visible from the outside of the property (except where prohibited by the conditions, covenants and restrictions adopted by a congregate housing project) and shall clearly contain the information set forth in Exhibit “A”, and shall include the legal street address or number of the transient rental unit.

 

No other advertising signs promoting or identifying transient rentals shall be permitted anywhere in residentially zoned areas. Any sign that does not conform to these provisions shall be removed within thirty (30) days of the effective date of this ordinance.

 

(3)  Notice and Renta1 Agreement Requirements. Each transient rental

unit shall have a clearly visible and legible notice posted within the unit on or adjacent to the front door, containing the following information:

 

a.   The name of the managing agency, agent, property manager, or owner of the unit, and a local telephone number at which that party or his agent may be reached on a 24-hour basis;

 

 

 

 

 

 

 

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d    Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this ordinance;

 

e    When the City has enacted water conservancy measures by ordinanc~, notice of the requirements of such ordinance and a request that occupants conserve water as much as possible in the use of showers, baths, faucets and laundry.

 

f     Notifi~cation that use of unenclosed decks and patios between 10:00 p.m. and 8 a.m. is prohibited where such use generates noise which would disturb or annoy a reasonable person occupying the adjacent properties.

 

g    A statement that Avalon has a “zero tolerance”policy towards nuisances, rowdy and disruptive behavior and advising that the occupancy will be immediately terminated for violations of this policy.

 

 

 

 

 

 

 

b.    The maximum number of occupants permitted to stay in the unit;

 

c.     Notification that trash and refuse shall not be left or stored on the

property, the scheduled dates and times for pick-up at the location, and an explanation of the City’s recycling program;

 

d.    Notification that failure to conform to the parking and occupancy

requirements of the structure is a violation of this ordinance;

 

e.     When the City has enacted water conservancy measures by ordinance,

notice of the requirements of such ordinance and a request that occupants conserve water as much as possible in the use of showers, baths, faucets and laundry.

 

                        f.  Notification that use of unenclosed decks and patios between 10:00 p.m. and 8 a.m. is prohibited where such use generates noise which would disturb or annoy a reasonable person occupying the adjacent properties.

 

                        g.  A statement that Avalon has a “zero tolerance” policy towards nuisances, rowdy and disruptive behavior and advising that the occupancy will be immediately terminated for violations of this policy.

 

 

The foregoing information shall be stated in the rental information and agreement provided to prospective renters prior to their occupancy of the unit.

 

(4) Vehicles. Off-street parking shall be provided on or off-site such that all vehicles bearing permits issued for the unit can be parked off-street. The owner, agent and managing agency shall comply with the Avalon vehicle ordinance which (1) permits transient renters to only use the vehicle which is permitted for the location; and (2) prohibits the owner, agent or managing agency from charging for the use of the vehicle.

 

(5) Trash. The owner or managing agent shall provide written information to each transient occupant setting out the schedule for trash pick-up at the location and an explanation of the City’s recycling program and ensure that there are adequate materials for disposing of trash in accordance with the City’s program. All trash containers shall be secured against animal incursion.

 

(6) Maximum Occupancy. The maximum occupancy for transient rentals shall be two persons (including children and infants) per bedroom, plus two; provided, however, that the Planning Commission in its discretion may establish a different maximum number where the size and location of the property make it appropriate and reasonable to permit fewer persons than the foregoing formula might otherwise allow and may also increase the number that would otherwise be allowed under the foregoing formula where facts are presented demonstrating that the configuration of the property warrants it.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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7) Code Compliance, Fire Safety and Inspection. Each dwelling unit used for transient rental within the City is subject to all of the following inspection requirements:

 

(A)       The owner shall be responsible for compliance with all codes regarding Fire, Building and Safety, Health and Safety and other relevant laws and the requirements of subparagraph (H) of this Section.

 

(B)       Any transient rental unit which was permitted or legally non-conforming and in existence prior to the effective date of this ordinance shall be made available for inspection within thirty (30) days after the effective date of this ordinance. The City shall endeavor to inspect all such units within one hundred and eighty (180) days of the effective date of this ordinance. The Planning Department shall coordinate with the property owner and the inspectors to arrange for reasonable notice and the date of inspection Within fifteen (15) days following inspection, the inspectors shall submit an original, signed inspection report to the Planning Department, or, where applicable, provide notice that the property owner has unreasonably prevented inspection. Failure to cooperate with the scheduling of the inspection shall subject the approval to use the unit as a transient private home rental to revocation. Any new transient rental unit established after the effective date of this ordinance shall be inspected prior to commencement of the use, which inspection shall be scheduled and conducted within thirty (30) days of approval. In addition to the registration for each unit as required in Section 9-8.404(e)(1)(C) above, an original, signed inspection report for each unit shall be submitted to the Business License Representative in order to obtain approval to use the unit as a transient rental.

 

(C)       Inspections shall be conducted by a qualified inspector(s) authorized and approved by the City to conduct such inspections. Inspectors shall demonstrate appropriate qualifications to conduct the required inspections as determined by the Building Official or the Fire Department, as applicable. The cost of such inspections, plus any administrative charges shall be paid by the owner pursuant to the City’s adopted fee schedule. The City shall make every reasonable effort to ensure that inspections are completed in a timely manner.

 

 

 

 

 

 

(D)      After the initial inspection, each rental ((D)  After the initial inspection, each rental unit shall be reinspected no less than once every three (3) years following the original inspection. Verification of inspection will be done at the time of business license renewal. Failure to submit inspection reports shall result in revocation of approval to use the unit for transient rentals.

 

(E)       Inspections shall verify compliance with all applicable provisions of this Section.

 

(F)       If upon completing an inspection of a transient rental, the inspector(s) determines that the unit is not in conformance with this Section, the inspector shall provide the managing agency, agent, owner or property manager with a list of required corrections, set a reasonable time for

            correction and a date for reinspection. A copy of the foregoing shall also be given to the Planning Department. If the unit is registered with the City as a transient rental, approval by the City to use the unit for transient rental shall be suspended until correction and reinspection if determined by the inspector to present an immediate health and safety hazard, and submission of a new inspection report for the unit indicating compliance with this Section. If the unit is not yet registered with or approved by the City, approval for its use as a transient rental shall be withheld until submission of a new inspection report for the unit indicating compliance with this Section.

 

(G)       Non-compliance by an owner, managing agency, property manager or agent of the requirements for registration, inspection and operation of transient private home rentals may result in the revocation of the business license and conditional use permit authorizing the use, and upon revocation, no new business license or conditional use permit may be issued to the same transient rental licensee for a period of twelve (12) months following such revocation.

 

(H)         The following requirements for transient rentals will be evaluated upon inspection of each unit, and shall constitute minimum requirements. The unit must be brought into conformance with these requirements and any other applicable codes and ordinances in order for the use to be allowed.

 

1.  Required sign and notice must be posted, and address of unit must be legible from outside the property unless exempted.

 

2.      Smoke detectors shall be installed within each sleeping room and at a point centrally located in the corridor or area giving access to each separate sleeping room. Battery-operated smoke detectors are acceptable, provided that they are

 

 

 

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maintained in good working order at all times, or except as required by other applicable codes. Where fire suppression systems have been installed, such systems shall also be subject to the inspection and testing requirements set forth in Title 4, Chapter 3.

 

3.         The transient private home rental shall be equipped with a minimum of one 2A.1OB:C type extinguisher with seventy-five (75) feet of travel distance to all portions of the structure; there shall be no less than one such extinguisher per floor. Fire extinguisher(s) shall be mounted in visible locations with the tops of the fire extinguishers mounted between three (3) feet and five (5) feet above the floor and shall be accessible to occupants at all times. California State Fire Marshal annual certification tags must be provided and be current on all extinguishers;

 

4.         Any locking mechanism on outside doors must be operable from inside the unit without the use of a key. If the dwelling unit is greater than three thousand (3000) square feet in area, two exit doors shall be required, each of which shall conform to this requirement.

 

5.         Transient rentals shall be maintained in a clean and sanitary condition and free from hazards, which shall include meeting the following requirements:

 

i.          There shall be no exposed wiring, improper wiring materials, or overloaded electrical circuits;

 

ii.         There shall be no permanent use of extension cords for appliances, heaters, lamps or other fixtures;

 

iii.       There shall be no leaking fixtures, or clogged or leaking wastewater lines;

 

iv.        Faucets and fixtures shall be maintained in working condition;

 

v.         Showers, sinks and bathing facilities shall be clean and properly maintained;

 

vi.        There shall be no evidence of pest infestations;

 

vii.       If directed by the Fire Department, bedroom windows shall be operable to allow for emergency egress;

 

 

 

 

 

 

 

 

viii.       There shall be at least one window p viii. There shall be at least one window per bedroom, to allow for proper interior ventilation;

 

ix        There shall be no accumulation of trash and/or debris on the site or within the unit;

 

  x.         All steps, stairways, decks and railings shall be stable and structurally sound;

 

xi.        All standard appliances, including but not 1imited to kitchen appliances, furnaces and water heaters, shall be operational;

 

xii.       Any hot tubs, pools and spas shall be fenced or equipped with an approved cover with locking mechanisms as required by state law, and shall be maintained in a safe and sanitary condition;

 

xiii.      Any lofts or attic conversions shall be provided with acceptable exiting and head clearance; stairs or providing access to these areas shall be safe and structurally sound,

 

xiv.      Exits shall remain clear of storage, debris or impedance at all times.

 

Section 3. Section 9-8.411 of the Avalon Municipal Code is hereby amended to read as follows:

 

Sec. 9-8.411 Termination of a Variance or Conditional Use Permit. Except

as provided in subparagraph (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 non-conforming 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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Section 4. Section 9-8.802 of the Avalon Municipal Code is hereby amended in its entirety to read as follows:

 

Sec.9-8.802 Penalties.

 

(A) Except as provided in subsection (B) below, the filing fees and deposits specified in Section 9-8.80 1 of this article may be increased by the Planning Commission, in its discretion, after notice and hearing, up to a maximum of five (5) times, when work requiring a permit has been started or carried on prior to obtaining all required permits.

 

(B) With regard to a conditional use permit for transient rentals pursuant to 9-8. 804 et seq., the filing fees and deposits specified in Section 9-8.801 of this article and applicable thereto may be increased by the Planning Commission in its discretion, after notice and hearing, up to a maximum of ten (10) times, when such use has been made, advertised, started or carried on prior to obtaining all required permits and other approvals. In addition, any person making, advertising, starting or carrying on transient rental use prior to obtaining all required permits 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 permit for transient use shall be issued until the provisions of this section and any penalties assessed and all audit requirements have been fully satisfied.

 

Section 5. It is hereby declared that Avalon Municipal Code section 4-1 1.102(c) includes and is intended to include the application of the foregoing requirements to s all existing non-conforming transient rentals and previously permitted transient rentals and that violations of any of the provisions of this Ordinance in connection with such existing non-conforming or previously permitted transient rentals shall constitute a nuisance which may be abated pursuant to the provisions of Title 4, Article11 of the Avalon Municipal Code.

 

Section 6. Section 9-8.901(b) of Title 9, Chapter 8, Article 9 is hereby amended in its entirety to read as follows:

 

(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 three hundred (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 eleven (11”) by fourteen (14”) inches and which contains the information included in the notice as set forth in subsection (a) above; and

 

APPROVED, ADOPTED AND ENACTED this ___of           , 2001.

 

 

 

 

                                                                                    ______________________________ 

                                                                                    Hugh T. “Bud” Smith, Mayor

 

 

            ATTEST:      

 

 

            __________________________ 

            Shirley Davy, City Clerk