Whereas, on January 23, 2001, the Avalon City Council and the Avalon Planning Commission held a joint hearing for the purpose of hearing testimony and receiving other information regarding transient rentals; and

Whereas, on February 6, 2001, the City Council adopted a moratorium on the issuance of conditional use permits for transient rentals in order to maintain the status quo and to afford the Planning Commission an opportunity to study the issue and to develop an ordinance setting review standards and conditions; and

Whereas, the Planning Commission held a public hearing to consider an ordinance setting review standards and conditions on February 28, 2001 and input was received from concerned citizens as well as property owners and managers in order to reach consensus on appropriate regulations for transient rental use.

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

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

1. 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 cause 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;

1. 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;

1. 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;

1. That the success of the City’s recycling program depends upon adequate controls to ensure that transient rentals participate therein;

1. That the rental and advertising of private residences on a regular basis is a business enterprise and requiring special regulations to ensure that it is not inconsistent with other residential uses;

1. That the minimum health and safety standards are necessary to protect the occupants and neighboring properties of transient rentals.

1. That the Planning Commission conducted a public hearing on February 28, 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 are used for transient rental.

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 used for non-transient rental use during the two years preceding the application.

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

(e) Conditions to be Imposed Upon Conditional Use Permits for Transient Rental . The conditions of approval shall include the following, plus and 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;

[OPTIONAL]: (2) Winter rental (i.e. for more than thirty (30) days between the months of September and April) is prohibited.

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

(e) 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.

2. 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.
3. 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 and which are in operation on the effective date of this ordinance 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.

2. 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. The legal street address of the transient rental shall be posted, maintained and readable from the street. In addition, each transient rental unit shall be equipped with one (1) identification sign, not to exceed two (2) square feet in size, attached to the unit in a location which is clearly visible from the street and clearly containing the following information in lettering of sufficient size to be easily read from a place accessible to the public:

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

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

c. The telephone number of the City's Sheriff Department and Planning Department.

[OPTIONAL]: 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 two years of the effective date of this ordinance.

(3) Notice and Rental 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 telephone number at which that party may be reached on a 24-hour basis;

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 unenclosed decks and patios may not be used between 12 a.m. and 7 a.m.

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 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

(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 in no case may the occupancy exceed [OPTIONAL- sixteen (16)] people (including children and infants).

(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:

1. 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.

1. Any transient rental unit which was permitted or legally non-conforming and in existence prior to the effective date of this ordinance shall be inspected within 180 days after the effective date of this ordinance. An original, signed inspection report shall be submitted to the Planning Department no later than this date, or the approval to use the unit as a transient private home rental shall be subject to revocation. Any new transient rental unit established after the effective date of this ordinance shall be inspected prior to commencement of the use. 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.

1. Inspections shall be conducted by a qualified inspector 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. 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.

1. After the initial inspection, each rental unit shall be reinspected no less than once every [OPTIONAL - 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 as for transient rental.

1. Inspections shall verify compliance with all applicable provisions of this Section.

1. If upon completing an inspection of a transient rental, the inspector 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, and shall provide the Planning Department with a copy of the inspection report. If the unit is registered with the City as a transient renal, approval by the City to use the unit for transient rental shall be suspended until 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 reported for the unit indicating compliance with this Section.

1. 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 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.

1. 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.

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

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.

1. 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 on year period.

Section 4. Section 9-8.702(2) of the Avalon Municipal Code is hereby amended to read as follows:

(2) Except as otherwise provided in this title, changing a non-conforming use for a period of twelve (12) or more successive months.

APPROVED, ADOPTED AND ENACTED this of , 2001.

Bruce Fertig, Chair

ATTEST:

Amanda Cook, Secretary