The City Council voted unanimously on Tuesday, August 6, to extend the current moratorium on issuing short-term rental licenses.

The decision required a four-fifths majority, but all five council members voted in favor. The moratorium has now been extended until July 30, 2023.

During the council meeting, City Manager David Maistros said that when reviewing city records again, it was difficult to determine which properties had a license or conditional building permit.

“I think we have a basic consensus on what makes sense for the city in terms of the existing regulations,” Maistros said.

“As further analysis is currently required, we are requesting an extension of the moratorium to further examine these issues in light of the overall public health, safety and welfare of the city, as well as their impact on long-term affordable housing in the city,” Maistros said. The proposal included a hardship exemption.

According to City Attorney Scott Campbell, the hardship exemption was included in the ordinance extending the moratorium based on the city’s experience with litigation.

“That’s why we included this in this regulation,” Campbell said.

He said it would be hard to be left without shelter and food because one would need temporary building permits in one way or another to supplement one’s income.

Maistros said the city has received about 10 or fewer applications for short-term rentals compared to Aug. 1 of last year.

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“On August 1, 2023, the City Council unanimously voted to impose, by emergency ordinance, a moratorium on the issuance of new temporary rental licenses not applied for prior to August 1, 2023, for a period of 45 days,” said the staff report prepared by City Manager Maistros.

“On September 15, 2023, the City Council, with 4 votes in favor and 1 absent (Mayor Marshall), passed Emergency Ordinance No. U-1213-23, extending the moratorium for an additional 10 months and 15 days,” Maistros wrote.

According to his report, a March 2023 analysis documented a total of 411 short-term rental units in the city.

“This number is not consistent with the number of known and active short-term rental units reported to the city,” Maistros wrote.

“On March 1, 2024, City staff began reviewing over 40 years of historical records detailing the issuance, transfer and cancellation of conditional use permits and temporary rental licenses to make a final determination of the number of conditional use permits and temporary rental licenses issued and active in the City of Avalon,” Maistros wrote.

“To date, staff have completed approximately 80 percent of this review process,” Maistros wrote.

“The basis for any decision to regulate short-term rentals is the number and location of all existing units,” Maistros wrote.

“Without this clear decision, the council cannot fairly and appropriately establish the commonsense regulations necessary to not only protect the existing housing stock but also protect the interests of the business community,” Maistros wrote.

Maistros wrote that further analysis was needed.

No new short-term rental licenses until July 30, 2023

By Charles M. Kelly

The City Council voted unanimously on Tuesday, August 6, to extend the current moratorium on issuing short-term rental licenses.

The decision required a four-fifths majority, but all five council members voted in favor. The moratorium has now been extended until July 30, 2023.

During the council meeting, City Manager David Maistros said that when reviewing city records again, it was difficult to determine which properties had a license or conditional building permit.

“I think we have a basic consensus on what makes sense for the city in terms of the existing regulations,” Maistros said.

“As further analysis is currently required, we are requesting an extension of the moratorium to further examine these issues in light of the overall public health, safety and welfare of the city, as well as their impact on long-term affordable housing in the city,” Maistros said. The proposal included a hardship exemption.

According to City Attorney Scott Campbell, the hardship exemption was included in the ordinance extending the moratorium based on the city’s experience with litigation.

“That’s why we included this in this regulation,” Campbell said.

He said it would be hard to be left without shelter and food because one would need temporary building permits in one way or another to supplement one’s income.

Maistros said the city has received about 10 or fewer applications for short-term rentals compared to Aug. 1 of last year.

background

“On August 1, 2023, the City Council unanimously voted to impose, by emergency ordinance, a moratorium on the issuance of new temporary rental licenses not applied for prior to August 1, 2023, for a period of 45 days,” said the staff report prepared by City Manager Maistros.

“On September 15, 2023, the City Council, with 4 votes in favor and 1 absent (Mayor Marshall), passed Emergency Ordinance No. U-1213-23, extending the moratorium for an additional 10 months and 15 days,” Maistros wrote.

According to his report, a March 2023 analysis documented a total of 411 short-term rental units in the city.

“This number is not consistent with the number of known and active short-term rental units reported to the city,” Maistros wrote.

“On March 1, 2024, City staff began reviewing over 40 years of historical records detailing the issuance, transfer and cancellation of conditional use permits and temporary rental licenses to make a final determination of the number of conditional use permits and temporary rental licenses issued and active in the City of Avalon,” Maistros wrote.

“To date, staff have completed approximately 80 percent of this review process,” Maistros wrote.

“The basis for any decision to regulate short-term rentals is the number and location of all existing units,” Maistros wrote.

“Without this clear decision, the council cannot fairly and appropriately establish the commonsense regulations necessary to not only protect the existing housing stock but also protect the interests of the business community,” Maistros wrote.

Maistros wrote that further analysis was needed.