The City Council on Tuesday, Aug. 6, voted unanimously to extend the current moratorium on issuing short-term rental licenses.
The decision required a four-fifths vote to pass, but received yes votes from all five council members. The moratorium is now extended to July 30, 2023.
During the council meeting, City Manager David Maistros said going back looking at city records, it was difficult to identify which properties had either a license or a conditional use permit.
“I think we have a basic consensus of what makes sense for the city as far as the regulations on the existing ones,” Maistros said.
“As more analysis at this time is needed, we’re requesting extension of the moratorium to allow us to further explore those issues as they relate to the overall public health, safety, and welfare of the city and their impact on affordable long-term housing in the city,” Maistros said. The proposal included a hardship exemption.
According to City Attorney Scott Campbell, the hardship exemption was in the ordinance extending the moratorium because of the city’s experience with litigation.
“That’s why we’ve put this in this ordinance,” Campbell said.
He said hardship would be if you were going to be without shelter or food because you need somehow to use a temporary occupancy permit to supplement your income.
Maistros: said the city had received maybe 10 or less short term rental applications than Aug. 1 of last year.
Background
“On August 1, 2023, the City Council voted unanimously to establish, by urgency ordinance, a moratorium on the issuance of any new Transient Rental Licenses not filed prior to August 1, 2023 for a 45 day period,” according to the staff report prepared by City Manager Maistros.
“On September 15, 2023, the City Council adopted by a vote of 4 ayes, 1 absent (Mayor Marshall) Urgency Ordinance No. U-1213-23 extending the moratorium for an additional 10 months and fifteen days,” Maistros wrote.
According to his report, a March 2023 analysis documented a total of 411 short-term rental units in town.
“This number is not consistent with the number of known and active short term rental units reporting to the City,” Maistros wrote.
“On March 1, 2024, City staff began the task of culling through more than 40 years of historical records detailing the issuance, transfer and revocation of Conditional Use Permits and Transient Rental Licenses in order to make a final determination of the number of Conditional Use Permits and Transient Rental Licenses issued and active within the City of Avalon,” Maistros wrote.
“To date, staff has completed approximately 80 percent of this review process,” Maistros wrote.
“The foundation of any decision to regulate short term rentals is the number and location of every existing unit,” Maistros wrote.
“Without this clear determination, Council cannot fairly and adequately identify the common sense regulations required to not only protect existing housing stock but also protect the interests of the business community,” Maistros wrote.
Maistros wrote that more analysis was needed.
No new short-term rental licenses until July 30, 2023
By Charles M. Kelly
The City Council on Tuesday, Aug. 6, voted unanimously to extend the current moratorium on issuing short-term rental licenses.
The decision required a four-fifths vote to pass, but received yes votes from all five council members. The moratorium is now extended to July 30, 2023.
During the council meeting, City Manager David Maistros said going back looking at city records, it was difficult to identify which properties had either a license or a conditional use permit.
“I think we have a basic consensus of what makes sense for the city as far as the regulations on the existing ones,” Maistros said.
“As more analysis at this time is needed, we’re requesting extension of the moratorium to allow us to further explore those issues as they relate to the overall public health, safety, and welfare of the city and their impact on affordable long-term housing in the city,” Maistros said. The proposal included a hardship exemption.
According to City Attorney Scott Campbell, the hardship exemption was in the ordinance extending the moratorium because of the city’s experience with litigation.
“That’s why we’ve put this in this ordinance,” Campbell said.
He said hardship would be if you were going to be without shelter or food because you need somehow to use a temporary occupancy permit to supplement your income.
Maistros: said the city had received maybe 10 or less short term rental applications than Aug. 1 of last year.
Background
“On August 1, 2023, the City Council voted unanimously to establish, by urgency ordinance, a moratorium on the issuance of any new Transient Rental Licenses not filed prior to August 1, 2023 for a 45 day period,” according to the staff report prepared by City Manager Maistros.
“On September 15, 2023, the City Council adopted by a vote of 4 ayes, 1 absent (Mayor Marshall) Urgency Ordinance No. U-1213-23 extending the moratorium for an additional 10 months and fifteen days,” Maistros wrote.
According to his report, a March 2023 analysis documented a total of 411 short-term rental units in town.
“This number is not consistent with the number of known and active short term rental units reporting to the City,” Maistros wrote.
“On March 1, 2024, City staff began the task of culling through more than 40 years of historical records detailing the issuance, transfer and revocation of Conditional Use Permits and Transient Rental Licenses in order to make a final determination of the number of Conditional Use Permits and Transient Rental Licenses issued and active within the City of Avalon,” Maistros wrote.
“To date, staff has completed approximately 80 percent of this review process,” Maistros wrote.
“The foundation of any decision to regulate short term rentals is the number and location of every existing unit,” Maistros wrote.
“Without this clear determination, Council cannot fairly and adequately identify the common sense regulations required to not only protect existing housing stock but also protect the interests of the business community,” Maistros wrote.
Maistros wrote that more analysis was needed.
