SPECIAL AVALON CITY COUNCIL MEETING
FRIDAY, SEPTEMBER 15, 2023 - 10:00 AM
410 AVALON CANYON ROAD
THIS VIRTUAL MEETING IS HELD PURSUANT TO AB 361
AGENDA
In compliance with the Americans with Disability Act, if you need special assistance to participate in this meeting, please contact the City Clerk's Office (310) 510-0220. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35. 102-
35.104 ADA Title II). All public records relating to an agenda item on this agenda are available for the public inspection at the time the records are distributed to all, or a majority of all, members of the City Council. Such records shall be available at City Hall located at 410 Avalon Canyon Rd Due to social distancing recommendations from the Center for Disease Control and State of California Division of Occupational Safety and Health (Cal/OSHA) and the County of Los Angeles, and pursuant to findings made under AB 361, the CITY OF AVALON'S CITY COUNCIL SHALL GENERALLY BE AVAILABLE TO THE PUBLIC REMOTELY. The general public may attend the meeting in the Council Chambers however must adhere to social distancing requirements. The public is encouraged to watch and participate from the safety of their homes while practicing social distancing.
Council Chambers are open to a maximum 30 members of the general public. Once the Council Chambers reach maximum occupancy, the general public may participate in Oral Communication and address the City Council on an agenda item in person by waiting in the City Hall Court Yard and entering the Chambers one at a time at the appropriate time. No one will be admitted into the Council Chambers who is ill or exhibiting symptoms of COVID-19. Additionally, the general public may participate in Oral Communication and address the City Council on an agenda items by providing comments via Zoom or by sending comments to [email protected].
For the public's convenience, but not participation, the meeting can be viewed:
On local cable: Catalina Broadband Solutions channel 3
Streaming Online: www.cityofavalon.com/meetings
*Streaming on Facebook Live: www.facebook.com/CityOfAvalonOfficial Streaming on YouTube: https://www.youtube.com/CityofAvalonCA
FOR REMOTE PUBLIC PARTICIPATION
1) Join the Meeting via Phone Conference (Voice Only):
Phone Number: (669) 444-9171,
Meeting ID: 875 9070 9818
Passcode: 513439
When you would like to comment during the meeting enter *9 on the phone's key pad to activate the "raise hand" button at the time the Agenda Item is being presented for City Council consideration.
CALL TO ORDER / PLEDGE OF ALLEGIANCE/ ROLL CALL
ANNOUNCEMENTS / WRITTEN COMMUNICATIONS
SPECIAL CITY COUNCIL AGENDA
SEPTEMBER 15, 2023
PAGE 2
ORAL COMMUNICATION
Members of the public may address the City Council at this time. No action will be taken on non- agenda items at this meeting. Speakers should limit comments to two (2) minutes each.
CONSENT CALENDAR
Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
State and Municipal Codes require the Treasurer to submit within 30 days following each fiscal quarter a report summarizing the City's cash and investment balances. The purpose of the report is to inform, on a quarterly basis, the City's cash and investment balances, the investment types, yields, and market values, and to ensure that the City's investments are in compliance with the City's adopted investment policy.
Recommended Action
Reconsider the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19's continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.
PUBLIC HEARING
Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants
The Avalon Municipal Code ("AMC") allows for the issuance of a Transient Rental License for transient rental uses. The City seeks to balance the desire of property owners to supplement their income and provide alternative lodging for visitors against the strain on available City housing stock that such transient rental uses place on full-time Avalon residents and employees of Avalon businesses.
Recommended Action
Approve by four-fifths City Council vote an ordinance extending by ten (10) months and fifteen (15) days the moratorium on the issuance of Transient Rental Licenses for transient rental use to new applicants.
ADJOURN
NOTICE OF POSTING
I, Devin Elise Hart, declare that the City Council Agenda for Friday, September 15, 2023 was posted Wednesday, September 2023 the City's website
www.cityofavalon.com/agendacenter, and at City Hall, 410 Avalon Canyon Road.
Delisttaut
Devin Elise Hart, Management Analyst
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 15, 2023 AGENDA ITEM: 1
ORIGINATING DEP: City Attorney CITY MANAGER: DHAR
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Findings to Continue to Hold Remote Teleconference/Virtual City Council Meetings Pursuant to Assembly Bill 361
RECOMMENDED ACTION(S): Reconsider the circumstances of COVID-19 state of emergency proclaimed by the Governor and COVID-19's continued impact and determine that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and as such, that continuing to utilize the protections of Assembly Bill 361 will protect the health and safely of attendees.
REPORT SUMMARY: Traditionally, the Brown Act allows for teleconference or virtual meetings, provided that the physical locations of the legislative body's members joining by teleconference are posted on the agenda, that those locations are open to the public and that a quorum of the members is located within its jurisdiction. AB 361 provides an exception to these procedures in order to allow for fully virtual meetings during proclaimed emergencies, including the COVID-19 pandemic.
Since March of 2020 and the issuance of Governor Newsom's Executive Order N-29-20, which suspended portions of the Brown Act relating to teleconferencing, the City Council has had virtual meetings without having to post the location of the legislative body members attending virtually.
Most public agencies have been holding public meetings using virtual platforms since this time.
In June of 2021, Governor Newsom issued Executive Order N-08-21, which provided that the exceptions contained in EO N-29-20 would sunset on September 30, 2021.
On September 10, 2021, the Legislature adopted AB 361, which allows public agencies to hold fully virtual meetings under certain circumstances without the posting of the agenda from each location a legislative body member is attending. Governor Newsom signed the bill into law on September 16, 2021. Because it contained an urgency provision, it took immediate effect.
Specific Findings Required under AB 361
As the State of Emergency has ended, the City Council can continue to hold virtual meetings without providing notice of the City Council's teleconference location if the City Council makes the following two findings:
1. State or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19; and
2. The City Council reconsiders the circumstances of the state of the emergency and danger presented by COVID-19;
65059.00000\34520481.1
Having made the findings, the City Council can continue every 30 days to authorize meetings under AB 261 to protect the health or safety of attendees.
COVID-19 continues to present a threat to the health or safety of members of the public. Although vaccines are now widely available, many people in the State and County are still not fully vaccinated and remain susceptible to infection. The disease can still spread through person-to- person contact and those in close proximity. According to the most recently published data,
13.7% of those tested statewide for Covid-19 tested positive, that is 5% higher than indicated on the last staff report regarding AB 361, when it was 8.7%. Covid-19 Hospitalizations are still too high, with a daily average of 383 persons each day. An average of 11 people in California die each day due to Covid-19, that is 3 more than noted in the last report to the City Council..
Additionally, Cal/OHSA has implemented COVID-19 Prevention Non-Emergency Regulations that will remain in effect until February 3, 2025. The City's economy is dependent upon visitors to the island, the presence of which increases the likelihood of transmission of the disease. Also, having members of the public attend council meetings at locations where council members are in attendance due to their desire to avoid exposure to COVID-19 poses a risk to the health or safety of attendees.
Re-Authorization is Required Within 30 Days
The City Council made the required findings at its August 15, 2023 City Council meeting.
Consistent with the provisions of AB 361, the new findings must be made every 30 days. Thus, if the City Council desires to continue to meet remotely without having to post the location of each teleconference location, the City Council reconsider the facts of the state of emergency and continued impact of COVID-19, find that state or local officials have imposed or recommended measures to promote social distancing in connection with COVID-19, and therefore, that remote meetings under AB 361 should continue in order to protect the health or safety of attendees.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City Council will have to follow the Brown Act provisions that existed prior to the COVID-19 pandemic.
FOLLOW UP ACTION: That the City Council make the findings under AB 361 at its October 3, 2023 City Council meeting.
GOAL ALIGNMENT: N/A
FISCAL IMPACTS: None.
ADVERTISING, NOTICE AND PUBLIC CONTACT: This item was properly listed on the posted agenda pursuant to the Brown Act.
ATTACHMENTS: None.
65059.00000\34520481.1
CITY OF AVALON CITY COUNCIL
MEETING DATE: September 15, 2023 AGENDA ITEM: 2
ORIGINATING DEP: City Attorney CITY MANAGER: Dial
PREPARED BY: Scott Campbell, City Attorney
SUBJECT: Extension of Moratorium on the Issuance of Transient Rental Licenses for Transient Rental Use to New Applicants
RECOMMENDED ACTION(S): Approve by four-fifths City Council vote an ordinance extending by ten (10) months and fifteen (15) days the moratorium on the issuance of Transient Rental Licenses for transient rental use to new applicants.
REPORT SUMMARY: The City of Avalon Municipal Code ("AMC") allows for the issuance of a Transient Rental License ("TRL") for transient rental uses (AMC § 3-1.309). The City seeks to balance the desire of property owners to supplement their income and provide alternative lodging for visitors against the strain on available City housing stock that such transient rental uses place on full-time Avalon residents and employees of Avalon businesses. Previously, transient rental uses were authorized with a Conditional Use Permit ("CUP") under AMC §
8.404. Following the adoption of a new ordinance, transient rental uses are now authorized through the issuance of a TRL under the code section above, AMC § 3-1.309. The TRLs do not run with the land and must be renewed annually.
Currently, the City is addressing all factors that negatively impact long term housing stock, with an emphasis on affordable housing, and has received complaints from property owners of the negative impacts that result from living in close proximity to property that has been granted either a CUP or TRL for transient rental uses. Specifically, the City has received numerous complaints in the form of public comment about noise impacts, traffic impacts, and safety impacts to residents relating to issuance of CUPs and TRLs. An extension of the temporary moratorium of the issuance of TRLs for transient rental uses is immediately necessary to protect existing housing stock, and to allow City Council, City staff and the City Attorney time to study appropriate regulations to maintain public safety and health of the community.
Additionally, the moratorium has halted further issuance of TRLs so that the City can identify regulations which ensure that issuance of TRLs does not undermine the City's goals to have affordable housing stock and maintain a safe community.
On August 1, 2023, the City Council voted unanimously to establish, by urgency ordinance, a moratorium on the issuance of any TRLs to persons who submitted an application following the effective date of the ordinance. The moratorium does not prevent those who have already been issued a TRL or CUP from continuing to operate transient rentals under those entitlements. Applicants who submitted a valid application and paid the application fee for a TRL before the effective date of the August 1, 2023 ordinance may still have their applications heard before the Planning Commission. There were only three (3) pending applications for a TRL at the time of the issuance of the moratorium. Given the low number of pending applications, and the applicants' compliance with the City's existing regulations, Staff recommends allowing those applications to move forward, since those applicants may have already incurred costs in preparing for transient rental use.
Ten days prior to the expiration of the moratorium, on September 5, 2023, the City Council issued a written report which described various measures which were taken to the alleviate the conditions which led to the adoption of the ordinance. That report is attached as attachment 2.
Attached to that report were "Community Provided TRL Regulation Options," which are attached to this staff report as attachment 3. Additionally two community stakeholder meetings have been held which addressed (1) quality of life issues [noise/trash/congestion] (2) financial benefits and impacts, and (3) sustainability and housing impacts associated with transient rentals.
Pursuant to Gov. Code § 65858, the legislative body may extend an interim ordinance for up to 10 months and 15 days in order to further study the circumstances giving rise to the need for the moratorium. Further study is necessary to allow for City Staff to circulate a community survey regarding transient rentals, engage community members in discussions on transient rentals, and allow for further analysis of the City's options with respect to TRL regulation. Staff finds that extension of the moratorium is necessary in order to further study and alleviate the issues associated with transient rental impacts on the health, safety, and welfare of the City.
If the City Council does not approve the urgency ordinance extension for up to 10 months and 15 days, the moratorium will expire. If the moratorium expires, TRLs would again be processed under existing regulations in the municipal code. During that time, a non-urgency ordinance could be adopted after two readings and such ordinance would go into effect 30 days after adoption.
FISCAL IMPACTS: None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's existing rules for the granting of transient occupancy licenses will remain in place.
ADVERTISING, NOTICE AND PUBLIC CONTACT:
Pursuant to the Brown Act.
ATTACHMENTS:
1. Urgency Ordinance
3. Remoniy ringed TRi Regulation Option indings
URGENCY ORDINANCE NO. M
AN URGENCY ORDINANCE OF THE CITY OF AVALON
EXTENDING THE MORATORIUM ON THE ISSUANCE OF
TRANSIENT RENTAL LICENSES FOR TRANSIENT
RENTAL USE TO NEW APPLICANTS
WHEREAS, the City of Avalon ("City") permits private property owners to rent their homes to visitors on a short-term basis under Avalon Municipal Code ("Code") Section 3-1.310 upon Planning Commission approval of a Transient Rental License for transient rental use; and
WHEREAS, current holders of Conditional Use Permits for transient rental and Transient Rental License holders will continue to be allowed to rent out their units during this moratorium; and
WHEREAS, the City Council wishes to further study whether there is diminishing housing stock, including affordable housing for full-time Avalon residents and employees of Avalon businesses, as a result of the number of private property owners that have received approval via a Conditional Use Permit or Transient Rental License for transient rental use; and
WHEREAS, the City Council wishes to study to what the degree the City has been saturated by Conditional Use Permits and Transient Rental Licenses issued for transient rental use; and
WHEREAS, the City has received numerous complaints from surrounding property owners regarding visitors utilizing property for which a Conditional Use Permit or Transient Rental License for transient use has been issued; and WHEREAS, complaints received by the City suggest that the issuance of Conditional Use Permits or Transient Rental Licenses for transient use may be responsible for street congestion, excessive noise resulting in loss of sleep to residents, traffic hazards, inability to access parking, and certain property crimes within the City; and WHEREAS, the City Council wishes to consider further regulation, consistent with its adopted LCP and General Plan, on how to properly and fairly address any proliferation of transient rentals within the City while recognizing the significant need for the public to have recreational access to the coast: and WHEREAS, in order to adequately study the effects of additional Transient Rental Licenses issued for transient rental use, including the impacts on available housing stock for Avalon residents and employees of Avalon businesses, and whether the existing requirements and standards for transient rental use sufficiently protect surrounding property owners, it is necessary for the City Council to extend the moratorium on the issuance of Transient Rental Licenses for transient rental use; and WHEREAS, if additional Transient Rental Licenses are issued, available housing stock for residents may be eroded and impacts of transient uses will continue to increase; and
WHEREAS, the moratorium has halted the issuance of any new Transient Rental Licenses to those who apply after August 1, 2023; and
WHEREAS, at the time of the moratorium, there were three (3) pending applications for TRLs, each applicant has undertaken significant steps to bring their application to the City in advance of this ordinance with the expectation that the City's laws would remain in effect, so for purposes of fairness, the City Council intends that the moratorium not apply to those with pending applications for TRLs; and WHEREAS, California Government Code Section 36937(b) authorized the City Council to adopt by a four-fifths vote an urgency ordinance, effective immediately upon passage, if the ordinance relates to the "immediate preservation of the public peace, health or safety" and such ordinance contains a declaration of the facts constituting the urgency; and
WHEREAS, pursuant to Gov. Code 65858(d), on September 5, 2023, at least ten days before the expiration of the moratorium, the City Council issued a memorandum/report which describes the measures that the City has taken to study, alleviate, and address the issues that lead to the moratorium on the issuance of Transient Rental Licenses; and
WHEREAS, after providing notice pursuant to California Government Code Section 65090 and a public hearing, the City Council may, by a four-fifths vote, extend the Moratorium for an additional period not to exceed ten (10) months and fifteen (15) days.
An extension of the Moratorium is intended to prohibit any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, planning commission or the planning department is considering or studying or intends to study within a reasonable time.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AVALON
DOES ORDAIN AS FOLLOWS:
Section 1. Recitals. The recitals set forth above are true and correct and are hereby adopted as the urgency findings of the City Council in connection with the adoption of this urgency ordinance. In addition to the recitals stated above, the City Council hereby finds and determines that continued issuance of Transient Rental Licenses for transient rental use, without additional regulations, constitutes an immediate threat to the preservation of public peace, health, or safety until the impacts of Transient Rental Licenses on traffic, noise, safety to residents, housing availability, and housing affordability are properly studied. The adoption of this ordinance is necessary for the immediate protection of the public peace, health and safety.
2 Section 2. Purpose. The purpose of this urgency ordinance is to extend the noratorium on the issuance of any new Transient Rental Licenses fo ransient rental use for 10 months and 15 days, until such time as the Avalor City Council can study the issue, and develop, clarify or amend Code requirements and standards as it relates to transient rental use and its impact on City residents and property owners.
Section 3. Facts Constituting Urgency. Such an extension of the moratorium is immediately necessary for the preservation of the peace, health and safety of the residents of the City because:
(a) There is an immediate need to protect existing housing stock within the City by ensuring transient rental use does not result in a lack of availability of housing in the City for those wishing to live in the City long-term or for those who are employed in the City, noting that those who commute to Catalina Island from the mainland must do so by boat; and
There is an immediate need to preserve availability of
housing to ensure that, from a supply and demand perspective, additional transient rentals do not drive up the price of housing such that housing is unaffordable to its workforce, noting the need for the City to have housing which its workforce can afford and noting recent increases in the cost of housing within the City; and (c) Transient Rental Licenses for transient rental use poses further public peace, health, and safety risk in that an over- bundance of Transient Rental Licenses for transient rental use ma e responsible for street congestion, excessive noise resulting in los of sleep to residents, traffic hazards, inability to access parking, anc certain property crimes within the City.
Section 4. Moratorium. The Planning Commission shall not issue any Transient Rental Licenses to any person who submitted a valid application and paid the application fee for a Transient Rental License following August 1, 2023.
However, those applicants who applied for a Transient Rental License before the effective date of this ordinance shall still be eligible to have such license issued by the Planning Commission during the moratorium.
Section 5. Hardship. The Planning Commission may also consider, on a case-by-case basis and within its sole discretion, any application for Transient Rental Licenses for transient rental use otherwise banned by this moratorium where the applicant can demonstrate that the inability to receive a Transient Rental License for transient rental use during the time this moratorium is in place would cause the applicant undue hardship. For purposes of this section. undue hardship means an inability to afford basic necessities-like shelter, 3 food, or healthcare-for themselves or their family.
Section 6. Urgency. The City Council hereby extends this urgency ordinance by not less than a four-fifths vote, and in light of the findings set forth in the above- sections, under the authority granted to it by sections 36937(b) and 65858 of the California Government Code. Under this authority, the City may extend an interim urgency ordinance prohibiting land uses which may be in conflict with a zoning proposal that the City Council, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The City Council hereby directs staff and the City Attorney to consider and further study the Code and propose possible regulations, standards and amendments to the future issuance of Transient Rental Licenses for transient rental use.
Section 7. Exemption from the California Environmental Quality Act. The City Council finds that this urgency ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15358 (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because temporarily halting issuance of Transient Rental Licenses has no potential to result in a physical change to the environment. Further, the City Council finds that this urgency ordinance is exempt under CEQA pursuant to Section 15061(b)(3) (there exists no possibility that the activity will have a significant adverse effect on the environment) of the CEQA Guidelines because this urgency ordinance will not cause a change in any of the physical conditions within the area affected by the urgency ordinance.
Section 8. Severability. If any provision of this urgency ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not attect other provisions or applications of the urgency ordinance which the invalidity of any particular portion thereof.
Section 2. Effective Date. This urgency ordinance extension shall become effective immediately upon adoption if adopted by at least a four-fifths vote of the City Council and shall remain in effect for ten (10) months and fifteen (15) days from the date of adoption unless extended by the City Council as provided for in Government Code Section 65858.
Section 10. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings and this Ordinance are 4 based are located at the City Clerk's Office at City Hall located at 410 Avalon Canyon Rd., Avalon, CA 90704. The custodian of these records is the City Clerk.
The City Clerk of the City of Avalon shall certify the passage and adoption of this Urgency Ordinance and shall cause the same, or a summary thereof, to be published and/or posted in the manner required by law.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 15'h day of September, 2023, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Ann H. Marshall, Mayor
ATTEST:
Gabrielle Morones, Deputy City Clerk
APPROVED AS TO FORM:
Scott Campbell
Best Best & Krieger, LLP
CERTIFICATION
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) SS
CITY OF AVALON
1, Denise Radde, hereby certify that the foregoing is a true copy of Urgency Ordinance No.
and italy adopted by intody data gular me on heldo, caridal a regular meeting thereof held the day of _, 2023.
Witness my hand and official seal of the City of Avalon this day of , 2023.
Gabrielle Morones, Deputy City Clerk
6 CITY OF AVALON CITY COUNCIL
MEETING DATE: September 5, 2023 AGENDA ITEM:
ORIGINATING DEP: Administration CITY MANAGER:
PREPARED BY: David Maistros, City Manager
SUBJECT: Report Regarding Transient Rental License Findings RECOMMENDED ACTION(S): Receive and issue report. Provide direction to Staff.
REPORT SUMMARY: On August 1, 2023, the City Council voted unanimously to establish, by urgency ordinance, a moratorium on the issuance of Transient Rental Licenses for transient rental use to new applicants for a 45-day period. The 45-day period expires on September 15, 2023. Before considering any extension of the moratorium, the City Council must issue a report that describes the measures taken to study and address the issues that lead to the moratorium and what the City Council will due to address the issues of transient occupancy licenses. This memo constitutes that report.
The moratorium was established to allow City Council, Planning Commission, City Staff and the City Attorney time to study appropriate regulations to maintain public safety and health of the community. Additionally, the moratorium temporarily halted further issuance of TRLs so that the City can identify regulations which ensure that issuance of TRLs does not undermine the City's goals to have affordable housing stock and maintain a safe community.
Government Code standards require that at least 10 days before the expiration of the moratorium, the legislative body must issue a report describing the measures taken to alleviate the condition which led to the adoption of the ordinance.
Since the establishment of the moratorium, City Staff have held two stakeholder/community meetings to discuss specific issues regarding transient rentals.
On Tuesday, September 22 at 6 p.m. approximately 4 community members attended in person, with approximately 20 attending virtually. Meeting discussion included quality of life issues, specifically noise, trash, and other community impacts associated with transient rentals..
- On Wednesday, September 30 at 6 p.m. approximately 20 community members attended in person, with approximately 40 attending virtually. Meeting discussion included financial benefits and impacts, sustainability and housing impacts associated with transient rentals.
Staff compiled an extensive list of comments and regulatory options from community members both in attendance at the meetings as well as those who provided written comments directly to Staff.
Additionally, City Staff have developed a community survey regarding transient rentals and plan to circulate the survey on October 1, 2023, at the conclusion of the current income survey period. The stakeholder/community meetings have helped Staff refine survey questions. Staff anticipate circulating the survey for a 30-day period. Based upon the input from the community meetings and responses to the survey, recommendations on future regulation of transient rentals will be adopted.
As more analysis is needed, especially in light of the community survey, an extension of the moratorium will allow issues associated with the impact of transient rentals on the health, safety and welfare of city residents, the impact upon housing stock and city revenues, the City Council has the option to extend the moratorium period
A Public Hearing is scheduled for Friday, September 15 at 10 a.m. regarding the consideration of adoption of an ordinance extending the moratorium period on transient rental licenses.
FISCAL IMPACTS: None.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The City's existing rules for the granting of transient occupancy licenses will remain in place.
ADVERTISING, NOTICE AND PUBLIC CONTACT:
Pursuant to the Brown Act.
ATTACHMENTS: Community Provided TRL Regulation Options
TRL Regulation Options
SATURATION OR LIMITATION:
1. Saturation % per neighborhood/street.
2. Hard Cap number Citywide. (How will waiting list be maintained?)
3. STR's can only be houses or condos...not apartments.
4. Update existing time-share regulations to prohibit fractional housing ownership or property sharing/swapping relationships.
5. Tiered permitting. Tier 1 - rented less than 90 days in a calendar year; Tier 2 - rented in excess of 90
6. Rester calendar eat cable cavon Tin a and Tier? Berning sevaratey same person.
QUALITY OF LIFE FOR NEIGHBORS/WAYS TO PROVIDE BETTER TENANTS:
1. Owner/Agent must meet and greet renter at the property location.
2. Provide renter with a "Good Neighbor" brochure outlining noise ordinance, trash day, recycling, vehicle use and parking, etc. and have renter sign off.
3. Al neighboring properties must be provided with the on-island property manager's 24 hour contact number.
4. Renter must provide list of all names of individuals that will be staying at the property and any deviation results in a fine.
5. Age requirement of 25 years or older.
6. Maintain inventory of noise monitoring devices to provide to residents to install outside homes to monitor neighboring properties.
7. Daytime occupancy limits.
8. Establish and maintain an online complaint portal that provides feedback on status of the complaint and any action taken.
9. Require 2 night stays to avoid the single night party house.
FINANCIAL IMPACT:
1. TOT must be paid monthly with a penalty for failure to timely pay.
2. STR owners are not paying fair share of inclusionary housing and employee costs that hotels pay.
3. Significantly increase fee for license to cover the costs of staff time and code enforcement.
4. Increase the minimum amount of TOT generated per unit.
5. Increase the TOT on STR's only.
6. More enforcement = additional code enforcement = additional cost for the City.
7. STR's arguably generate more garbage and thus have larger impact on landfill.
ENFORCEMENT CONSIDERATIONS:
1. 24/7 hotline with live operator.
2. On-Island property managers must hold a business license and require the property owner to provide property manager's name and 24-hour contact info.
3. Owner must respond to a complaint within a set time period. i.e. 30-60 minutes.
4. Fine structure is progressive for repeat violations.
5. Mechanism to revoke TRL if owner generates certain number of verifiable complaints.
6. Establish list of what are major/minor violations with corresponding thresholds for violations that include progressive fines up to and including revocation.
7. Establish and clearly define the process for revoking a permit. Process...3 strike rule; points system based on violation thresholds.
10. Establish a three call rule for calls for emergency services in a calendar year.
11. Incorporate Ring doorbell technology to enforce occupancy limits.
12. Noise monitoring devices. (possible requirement after the 1/2nd noise violation?)
13. Provide business license # on online listing.
BENEFICIAL IMPACT ON LONG TERM HOUSING:
1. Limit STR unit per individual owner or entity. Option to allow for additional STR's if owner provides proof of providing long-term housing.
2. Develop incentives for property owners to provide long-term housing. Housing trust fund
3. Higher level of protection for "family-sized" housing (homes in excess of 2 bedrooms).
4. Incentivize owners that rent to teachers during the school year and STR in the summer.