[Added 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
The purpose of these transient license regulations is to establish a comprehensive regulatory framework for transient licenses within the City of Avalon for properties rented for fewer than 30 days. The City recognizes that short-term rentals contribute significantly to economic development and allow visitors to experience the unique island community of Avalon and assist in providing access to the coast.
Because residential transient rentals are an accessory residential use, and to safeguard the public health and safety and mitigate potential negative impacts to nearby residents, the regulations herein balance the benefits of transient rentals and impacts they may have upon adjacent residential uses. These regulations also limit the number of transient rentals to ensure the availability of full-time residential housing stock in the City, a critical concern given the inherent limitation on new construction and available property for residential development.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
For purposes of this article, words and phrases used herein are defined as follows:
DWELLING UNIT
Shall have the same meaning ascribed to "dwelling units" in § 9-3.604 of the Municipal Code.
GOOD STANDING
Shall mean operation of a Transient Rental License or Conditional Use Permit consistent with the requirements of this Municipal Code and all conditions of approval. A Transient Rental License or Conditional Use Permit that is cured of violations is considered in good standing.
LICENSEE
Shall mean a person who has been issued a Transient Rental License pursuant to this article or a Conditional Use Permit under other or prior authority.
OWNER
Shall mean the person or entity who owns the residential unit proposed for or operated as a transient rental.
PERSON
Shall mean and include any individual or family owning the underlying parcel or lot where a transient rental is sought or maintained (the "property"). Person shall also include a partnership, trust, corporation or association that owns the property applicable to this article.
SECOND SALE
Shall mean and include the second sale of the property after the effective date of this article. Persons with current and valid Conditional Use Permits for transient rentals may continue to conduct transient rentals under such Conditional Use Permits without applying for and obtaining Transient Rental Licenses under this article, except that such Conditional Use Permits shall remain valid only until such time that the property that the Conditional Use Permit is tied to is sold twice, at which time the Conditional Use Permit shall automatically expire, and the second buyer must apply for and obtain a Transient Rental License under this article in order to conduct transient rentals.
(a) 
Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then sells the property with the Conditional Use Permit for transient rentals to Person B. Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article. However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals, because the conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the second sale of the property, which was from Person B to Person C.
TRANSIENT RENTAL
Shall mean and include the renting or leasing of a room or rooms with or without table board in any dwelling or dwelling unit for periods of fewer than 30 consecutive days duration.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
(a) 
Except as provided in subsection (b), no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article. Each day that a transient rental is commenced or carried on without such Transient Rental License shall constitute a separate violation of this Municipal Code. The use of signs, circulars, cars, telephone books, newspapers, online short term rental platforms and any other forms of advertisement to hold out, or represent that a person is conducting transient rentals in the City, or when any person holds an active license or permit by a governmental agency indicating that a person is conducting transient rentals in the City shall constitute prima facie evidence that such person is conducting transient rentals in the City.
(b) 
No person in possession of a current and valid Conditional Use Permit, or a grandfathered Conditional Use Permit, for Transient Rental, that allows such person to conduct transient rentals on his or her property shall be required to obtain a Transient Rental License under this article, provided, however, and notwithstanding § 9-8.408, that any and all such Conditional Use Permits shall automatically expire upon the second sale of the property to which such Conditional Use Permits relate pursuant to § 3-1.301. Where a Conditional Use Permit has expired pursuant to this article, no person shall commence or carry on, either directly or indirectly, any transient rental without first having obtained and maintained in good standing a Transient Rental License under this article.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
Transient Rental Licenses issued under the provisions of this article shall not be construed as authorizing anyone to conduct any illegal or unlawful activity or business.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
A duplicate Transient Rental License may be issued by the Planning Commission to replace any Transient Rental License previously issued which has been lost or destroyed upon the licensee filing a statement attesting to such fact and on payment of a duplicate license fee in an amount set by resolution of the City Council.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord. No. 1202-21, effective December 16, 2021; 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
(a) 
It shall be the duty of the Planning Department or its authorized representative to enforce each of the provisions of this article, including the collection of fees, penalties and interest. The Planning Commission shall be responsible for the issuance of all Transient Rental Licenses provided for in this article, and for the proper processing of all applications and registrants. The Planning Commission may make rules and regulations consistent with the provisions of this article as it deems necessary or desirable to aid in its administration and enforcement.
(b) 
Violations of this article may be punished as follows:
(1) 
Violations of this article or conditions of approval for transient rentals that pose a threat to public health and safety shall constitute infractions and shall be punishable as authorized in California Government Code Section 36900, in the following amounts:
A. 
$1,500 for the first violation of this article.
B. 
$3,000 for the second violation of this article.
C. 
$5,000 for each additional violation of this article that occurs within one year of the first violation.
(2) 
Violations of this article or conditions of approval for transient rentals that do not constitute a threat to public health and safety shall be punishable as infractions, in the following amounts:
A. 
$100 for the first violation of this article.
B. 
$200 for the second violation of this article.
C. 
$500 for each additional violation of this article that occurs within one year of the first violation.
(3) 
Any violation of this article may be punishable by an administrative citation as provided in Chapter 1-9 of Title 1 of this Municipal Code.
(4) 
The Planning Department is authorized to establish and implement a process to grant and document a hardship waiver to reduce the amount of a fine upon a showing by the responsible party that the responsible party has made a bona fide effort to comply after the first violation and that payment of the full amount of the fine would impose an undue financial burden on the responsible party.
(c) 
Except as stated herein, each administrative citation for a violation of any provision of this article may be imposed against one or more of: the owner of the transient rental property, the owner's agent, a hosting platform, and any person with possession or control of the property at the time a violation of this article occurred, including, but not limited to, lessees or renters. The City may initiate suspension or revocation of a license or permit after one violation. Each violation which occurs is a separate violation, even if each violation occurs on the same calendar day, for which the City may issue a separate administrative citation and/or fine.
(d) 
The failure of an owner or the owner's agent to comply with lawful order of any fire, law enforcement, code enforcement or any other officer acting in promotion of public safety may result in revocation or suspension of the license or permit.
(e) 
Appeals of citations issued under this section may be conducted in the manner provided in Title 1 of this Municipal Code. Appeals of suspensions and revocations shall be conducted in the manner provided by this article.
(f) 
In addition to, and not in lieu of, any other remedy allowed by law, all remedies prescribed under this article are cumulative, and the election of one or more remedies does not bar the City from pursuing any other remedy, whether criminal, civil, or administrative, through which the City may enforce this article or address any violation of this Municipal Code or to remedy any other public nuisance.
(g) 
Owners and agents must ensure that all contact information on the license application is active and monitored regularly. The City will use the information provided on the application for all correspondence, unless otherwise instructed in writing by the owner or owner's agent.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
In addition to other powers conferred herein, the Planning Commission shall have the power to:
(a) 
Extend the time of filing any application, statement or registration not to exceed 30 days for good cause shown;
(b) 
Waive any penalty that would otherwise accrue; and, with the approval of the City Attorney, to compromise any claim for license fee or penalties under the provisions of this chapter.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
Applications for a Transient Rental License required by this article shall be signed and verified by the applicant. City staff shall prepare the application form that Transient Rental License applicants must fill out. The application form may require the following, in addition to such other requirements as City staff may deem appropriate:
(a) 
The name, address, telephone, e-mail address and facsimile number, if any, of the applicant, which shall be the owner of the property for which a Transient Rental License is sought;
(b) 
The name and address, telephone, e-mail address and facsimile number, if any, of the applicant's employer, if applicable. If the application is filed on behalf of a partnership, corporation or association, the applicant shall provide the names and addresses of the partners or principal officers and designate the name, address, telephone, e-mail address and facsimile number, if any, of the person authorized to accept service of process for the entity;
(c) 
The property where the transient rental is to be conducted; and
(d) 
Personal identification information for the applicant, including, but not limited to, date of birth, and a copy of a driver' s license or identification card.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
The fee for filing, processing of Transient Rental License applications, issuance of Transient Rental Licenses, issuance of Transient Rental License renewals, conducting on-site inspections of transient rental premises and collecting fees associated with such applications and enforcement shall be set by resolution of the City Council. Until established, the fee for filing and processing of a Transient Rental License shall be the fee established for a Transient Rental Conditional Use Permit. The fee shall be payable with the application for a Transient Rental License.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
The Planning Commission shall have the power and authority to hear and conduct proceedings for the granting and issuance of all Transient Rental Licenses required by this article, and to revoke or suspend any licenses issued, subject to the limitations contained herein. The decision of the Planning Commission shall be final unless a timely appeal is taken to the City Council. The Planning Commission shall be governed by the following procedures:
(a) 
License Application and Hearing. The Planning Commission shall formulate all necessary rules and regulations governing the Transient Rental License application and investigation thereof. The owner applying for a Transient Rental License must attend the hearing of the Planning Commission, in person or virtually. The Planning Commission may require reports from the City's law enforcement agency or other City departments and officials concerning the effect of granting the license on the public health, safety and welfare. The Planning Commission shall hold a public hearing to consider each application for a Transient Rental License under this article, for which notice shall be given as set forth in subsection (b) of this section. Applicants may be represented by counsel and present all pertinent and relevant information pertaining to the application, and to be heard and to call witnesses on their behalf. However, the applicant's failure to appear at the hearing of the Planning Commission without a valid excuse will act as independent ground for denial of the Transient Rental License unless the Planning Department is presented with a valid reason for such absence at least 72 hours prior to the hearing, such as a disability-related need under the Americans with Disabilities Act (ADA), and the Planning Commission excuses such absence. The hearing may be continued from time to time as determined necessary by the Planning Commission or upon request of the applicant upon good cause being shown.
(b) 
Notice. Not less than 10 days prior to the date of a hearing on an application for a Transient Rental License, the Planning Commission shall give notice which shall include the time, place, and purpose of such hearing, the location of the property under consideration, and such other information as it deems necessary as provided herein:
(1) 
Cause a copy of such notice to be published once in a newspaper of general circulation in the City of Avalon;
(2) 
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 300 feet from the exterior boundaries of the area for which an application for a Transient Rental License is filed, and to such other persons whose property or interests might, in the judgment of the Planning Commission or its designee, be affected by the issuance of the Transient Rental License requested. The Planning 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 11 inches by 14 inches and which contains the information included in the notice as set forth in Subsection (b)(1) of this section; and
(3) 
If the Planning Commission finds that the mailing of notices prescribed elsewhere in this section may not give sufficient notice to said persons, then such notices shall be posted at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.
(4) 
Such notice shall be in addition to any notice required for the issuance of a Local Coastal Permit.
(c) 
Reconsideration of Notice Provisions. The Planning Commission shall reconsider the notice provisions set forth in subsection (b) of this section two years after the adoption of this article.
Cap on Licenses and Conditional Use Permits: Once the number of Transient Rental Licenses, Conditional Use Permits or Grandfathered Conditional Use Permits reaches 410 units, no other such licenses or permits may be issued. The City Manager shall create Procedures for the Consideration of Licenses (Procedures) after the cap has been reached, which may take the form of a waitlist or lottery of applicants, and shall present such Procedures to the City Council for approval. The Procedures must require that only applications that are deemed complete may be considered for a License.
(d) 
Issuance of Licenses. The Planning Commission shall have the power to grant Transient Rental Licenses required by this article only when all necessary clearances have been obtained from law enforcement and other involved City departments and officials, and where it has received no evidence indicating that the public health, safety or welfare or the purposes of this article will be injured by the granting of such license.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
(a) 
The Planning Commission may, with such conditions as are deemed necessary, approve a Transient Rental License which will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare, or be materially detrimental to the property of other persons located in the vicinity of such use.
(b) 
In making such determination, the Planning Commission shall find that the proposed transient rental use is in general accord with the following principles and standards:
(1) 
The nature, condition, and development of adjacent uses, buildings and structures shall be considered and no proposed transient rental use shall be permitted where such use will adversely affect or be materially detrimental to said adjacent uses, buildings and structures;
(2) 
The site for a proposed transient rental use shall be adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping, outdoor entertaining areas and other development features prescribed in this chapter or as required as a condition in order to integrate said use and not be detrimental with the uses in the neighborhood;
(3) 
The site for a proposed transient rental use shall be served by highways and streets adequate in width and improved as necessary to carry the kind and quantity of traffic such use would generate;
(4) 
That the transient rental use must be ancillary to the residential use of residential unit, and would not create a commercial use in a residential zone. Whether a use is for a commercial use may be determined by the number of transient rental licenses previously granted to the applicant, the applicant's reason for the license and the nature of the requested license and any other factors presented in the application or at the hearing.
(c) 
Conditions imposed by the Planning Commission for a Transient Rental License may involve any pertinent factors affecting the establishment, operation and maintenance of the requested transient rental use, including, but not limited to:
(1) 
Special yards, open spaces and buffer areas;
(2) 
Fences and walls;
(3) 
Parking facilities, including vehicular ingress and egress and the surfacing of parking area and driveways to specified standards;
(4) 
Street and highway dedications and improvements including sidewalks, curbs and gutters;
(5) 
Water supply and fire protection;
(6) 
Landscaping and maintenance of grounds;
(7) 
Regulation of nuisance factors such as noise, vibrations, smoke, dust, dirt, odors, gases, noxious matter, heat, glare, electromagnetic disturbances and radiation;
(8) 
Regulation of operating hours for activities affecting normal neighborhood schedules and functions;
(9) 
Regulation of signs, including outdoor advertising; and
(10) 
Such other conditions as will make possible the development of the proposed transient rental use in an orderly and efficient manner and in general accord with all elements of the General Plan and the intent and purpose of this chapter.
(d) 
The Planning Commission shall deny the requested Transient Rental License where:
(1) 
The findings indicate, and the Commission determines, that the applicant has failed to show that the requested transient rental use will not jeopardize, adversely affect, endanger or otherwise constitute a menace to the public health, safety or general welfare or be materially detrimental to the property of other persons located in the vicinity of such use, and reasonable restrictions or conditions to license the establishment of the proposed use will not prevent detriment or menace as indicated.
(2) 
The applicant fails to attend the hearing of the Planning Commission in person or virtually, unless a valid excuse is provided.
(3) 
The applicant has previously had a Transient Rental License revoked for failure to maintain such license in good standing or for violation of the Municipal Code or any condition of the permit or had a conditional use permit revoked for violation of any requirement of this Municipal Code or violation of any condition of approval of the permit.
(4) 
The applicant previously operated a transient rental without a Transient Rental License. In deciding whether to deny the Transient Rental License on this basis, the Planning Commission may determine, in its reasonable discretion, whether substantial evidence supports that the applicant was not acting in bad faith when engaging in an illegal transient rental operation based upon: (1) the length of time that the operator failed to obtain a valid transient rental, (2) the length of time between when the operator was notified of the illegal operation and the time when the operator applied for a license, (3) whether the operator immediately discontinued illegal transient rental operation upon notice, (4) whether only one transient rental unit was operated, and (5) whether the operator was a sophisticated party, meaning the operator or its affiliates have engaged in transient rental operation previously. The applicant has the burden of presenting evidence that prior illegal transient rental operation was not conducted deliberately or in bad faith.
(5) 
The property proposed for transient rental use is out of compliance with any requirement of this Municipal Code at the time the Planning Commission hears the application.
(e) 
In addition to the foregoing, the Planning Commission shall consider the following in connection with an application for a Transient Rental License:
(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 transient rental 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) 
Condominium Associations Having 10 or More Units. In the case of an application concerning property located within a condominium or similar congregate housing project consisting of 10 or more units, the applicant shall be required to provide written approval from the governing body of the subject association consenting to the allowance of the transient rental use at the condominium or congregated housing project.
(4) 
The Planning Commission shall consider whether granting the Transient Rental License shall result in any year round residence located adjacent to the proposed transient rental having more than a majority of the adjacent residences permitted or licensed for transient rental use. "Adjacent" means having a common property line with the proposed transient rental unit except for the existence of a public street or alley. The total square footage of the dwelling unit and the site of each bedroom shall be considered for determining whether to grant the Transient Rental License.
(f) 
The Planning Commission shall impose as a condition all of the requirements and standards set forth in § 3-1.317, plus such additional conditions which the Planning Commission determines are appropriate to mitigate the impacts of such transient rental use.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
In all cases where the Planning Commission denies the Transient Rental License application, it shall notify the applicant within 10 days, in writing, either personally or by mail, of the denial and the reasons therefor. The applicant may appeal such denial to the City Council provided such appeal is served on the City, personally or by mail, within 15 days of the date of the written notice of denial and payment of an appeal fee in an amount to be set by resolution of the City Council.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
(a) 
If the Planning Department determines that a Transient Rental License or Permit is not in good standing, the Planning Department must bring an item to the Planning Commission to consider whether to revoke or suspend the Transient Rental License or Permit.
(b) 
Any Transient Rental License or Permit must be revoked or suspended where:
(1) 
The licensee or Permittee has violated any provision of this Municipal Code as it relates to the Transient Rental License or Permit, this article, or the terms and conditions of the Transient Rental License or Permit, without curing the violation prior to the time a revocation or suspension action is brought;
(2) 
Where the license or Permit has been granted on false or fraudulent evidence, testimony or application; or
(3) 
The licensee or Permittee has violated this article or a condition of approval three or more times within a year, even if cured.
(c) 
All matters pertaining to revocation or suspension shall be considered by the Planning Commission. The Planning Commission shall give notice of any proposed modification, suspension or revocation as set forth in subsection (d) of this section. At the hearing, the licensee or Permittee shall be given the opportunity to appear personally or through counsel, to be heard, to defend the charges and to call witnesses. Upon good cause shown, the licensee or Permittee shall be entitled to a continuance until the next meeting of the Planning Commission. After conducting such hearing, the Planning Commission may revoke, suspend for a stated time period, or reinstate any license or permit upon such terms and conditions as in the exercise of sound discretion is determined to be appropriate. The decision of the Planning Commission may be appealed to the City Council.
(d) 
The Planning Commission shall notify the person owning or operating a use for which a modification, suspension, or revocation of a Transient Rental License or Permit, which was the subject of a public hearing for modification, suspension, or revocation, and such other persons known to the Planning Commission as having any right, title or interest in the property, of the action taken by the Planning Commission. Said notification of the action by the Planning Commission shall be made either by serving a notice in the manner required by the law for the service of a summons, or by mailing a written notice using registered or certified mail, postage prepaid, with a return receipt requested. Notice for such modification, suspension, or revocation hearing shall also be provided as required for the granting of a Transient Rental License or Permit.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
No person whose Transient Rental License or Permit has been revoked or suspended shall engage in or carry on the business during the period of suspension or after revocation. Violations of this provision shall be punishable as a misdemeanor.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
Except for notice of a public hearing to consider an application, modification, suspension, or revocation for a Transient Rental License or Permit, any notice required to be given under this article may be given either personally to the licensee or to any employee at the place of business if the licensee is absent from the place of business, or by depositing the notice with the United States Postal Service in a sealed envelope, postage prepaid, addressed to the person listed in the application. Service shall be deemed to be completed at the time of deposit. Proof of giving service may be made by affidavit of any officer or employee of the City or law enforcement personnel, showing service in conformity with this article.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
(a) 
No Transient Rental License or Conditional Use Permit shall be transferable, except as described herein. For purposes of this section, a permissible "transfer" shall only mean a one-time permissible transfer of a Transient Rental License or Conditional Use Permit by grant or gift to immediate family members (defined as spouses, siblings, children, grandchildren or parents), or as part of a family trust. A "transfer" in the event of death of the licensee or permittee to any of the immediate family members defined in this section shall not be prohibited under this section and shall qualify as a one-time permissible transfer.
(b) 
Whenever there is any transfer of a Transient Rental License or transient rental CUP, the transferor shall promptly notify the City of the transfer and designate the person or entity as responsible for the license or permit and subject to any required regulations contained in this article.
(c) 
Any permissible one-time transfer of a transient rental CUP permitted under this section shall be treated as the first of two "sales" for purposes of § 3-1.301 and the transition of use from CUP to Transient Rental License.
(1) 
Example. Person A has a current and valid Conditional Use Permit for transient rentals upon the effective date of this article. Person A then grants the property to which the Conditional Use Permit relates to his or her immediate family member, Person B. Person B then sells the same property to Person C. Person A and Person B will be able to conduct transient rentals without applying for and obtaining a Transient Rental License under this article. However, Person C must apply for and obtain a Transient Rental License before he or she may conduct transient rentals because the Conditional Use Permit under which Person A and Person B conducted transient rentals has automatically expired upon the sale of the property, which was from Person B to Person C. Person A's granting of the property to Person B is treated as the first of the two "sales" for purposes of § 3-1.301 and the transition of use from CUP to Transient Rental License.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
(a) 
Transient Rental Licenses issued pursuant to this article shall be renewed annually on or before January 1 of each year. The purpose of the annual renewal is to determine compliance with the provisions of this Municipal Code and any terms or conditions of a license issued under this article. The Planning Department may, in the sound exercise of discretion, renew licenses without conducting an investigation upon the applicant's verification of the continuing validity of all information submitted for initial issuance of the license.
(b) 
Transient Rental Licenses that are not annually renewed in compliance with this article shall be submitted to the Planning Commission for suspension or revocation.
[Added 12-15-2020 by Ord. No. 1192-20, effective February 1, 2021; amended 11-16-2021 by Ord. No. 1202-21, effective December 16, 2021; 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
(a) 
Registration, Inspection, and Licensing Requirements.
(1) 
Any managing agency, agent, owner or property manager who rents one or more transient rentals 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 a misdemeanor pursuant to § 1-2.01 of the Municipal Code, and may result in imposition of a fine upon conviction among other penalties.
(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.
(b) 
Sign Requirements. Each transient rental unit shall have posted in a location that is clearly visible from the outside of the property one sign with the contents set forth below. The sign shall either be purchased at a reasonable cost through the City of Avalon Planning Department or consistent with a template provided by the City. The sign shall be made of material which affixes to a window, not to exceed two square feet in size, have lettering of sufficient size to be easily read from a place accessible to the public, and shall clearly contain the following information:
(1) 
Street address of the transient rental unit;
(2) 
Allowed maximum occupancy for the transient rental unit;
(3) 
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 twenty-four-hour basis; and
(4) 
City of Avalon Business License Number.
(c) 
Advertising Requirements. Any sign or online posting advertising the available use of a transient rental unit must meet all of the advertising and sign requirements found in the Avalon Municipal Code, including identification of the property's City of Avalon Business License Number.
(d) 
Notice and Rental Agreement Requirements.
(1) 
Upon check-in, the managing agency, agent, property manager, owner of the unit or other designee must meet all transient rental guests in person prior to providing access to the property to review rental regulations and verify the number of guests arriving are in compliance with the unit's occupancy limits.
a. 
The managing agency, agent, property manager, owner of the unit or other designee must maintain a valid City of Avalon Business License.
(2) 
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/her agent may be reached on a twenty-four-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 section;
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 9:00 p.m. and 8:00 a.m. is prohibited where such use generates noise which would disturb or annoy a reasonable person occupying the adjacent properties; and
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.
(3) 
The foregoing information shall be stated in the rental information and agreement provided to prospective renters prior to their occupancy of the unit.
(e) 
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, except when used pursuant to a temporary permit issued to the owner as provided in Title 4. 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, except:
(1) 
Properties located in the "flats" (as defined in § 9-5.406) and properties located in the condominium known as "Bahia Vista," "Canyon Terrace," and "Sol Vista" shall not include a vehicle to be used by transient guests.
(f) 
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.
(g) 
Maximum Occupancy. The maximum occupancy for transient rentals shall be two persons (including children and infants) per bedroom, plus two; provided the Planning Commission in its discretion may establish a different maximum number where appropriate and reasonable to permit fewer persons that 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. Reasons for establishing a different maximum occupancy number include, but are not limited to:
(1) 
Size and location of the property;
(2) 
Distinction between single- and multi-unit properties; and
(3) 
Number and size of each sleeping room in the transient rental unit.
(h) 
Unenclosed Areas. The use of unenclosed areas, such as decks and balconies, attached to each transient rental unit shall be prohibited between the hours of 9:00 p.m. and 8:00 a.m. Monday through Sunday.
(i) 
Noise. The occupants of the transient rental shall at all times remain in compliance with the Noise Ordinance as outlined in Chapter 5-13 of this Municipal Code.
(j) 
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 subsection (j)(7) of this section.
(2) 
Any transient rental unit which was permitted or legally nonconforming and in existence prior to the effective date of this subsection shall be made available for inspection within 30 days after the effective date of this subsection. The City shall endeavor to inspect all such units within 180 days of the effective date of this subsection. The Planning Department shall coordinate with the property owner and the inspectors to arrange for notice and the date of inspection. Within 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 rental to revocation. Any new transient rental unit established after the effective date of this subsection shall be inspected prior to commencement of the use, which inspection shall be scheduled and conducted within 30 days of approval. In addition to the registration for each unit as required in subsection (a) of this section, an original, signed inspection report for each unit shall be submitted to the Director of Finance in order to obtain approval to use the unit as a transient rental. 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.
(3) 
After the initial inspection, each rental unit shall be reinspected no less than once every three 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.
(4) 
Inspections shall verify compliance with all applicable provisions of this section.
(5) 
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.
(6) 
Noncompliance by an owner, managing agency, property manager or agent of the requirements for registration, inspection and operation of transient rentals may result in the revocation of the business license and Transient Rental License authorizing the use, and upon revocation, no new business license or Transient Rental License may be issued to the same transient rental licensee for a period of 12 months following such revocation.
(7) 
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.
a. 
Required sign and notice must be posted, and address of unit must be legible from outside the property unless exempted.
b. 
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 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.
c. 
The transient rental shall be equipped with a minimum of one 2A:10B:C type extinguisher with 75 feet of travel distance to all portions of the structure; there shall be no less than one such extinguisher per floor. Fire extinguishers shall be mounted in visible locations with the tops of the extinguishers mounted between three feet and five 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.
d. 
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 3,000 square feet in area, two exit doors shall be required, each of which shall conform to this requirement.
e. 
Transient rentals shall be maintained in a clean and sanitary condition and free from hazards, which shall include meeting the following requirements:
1. 
There shall be no exposed wiring, improper wiring materials, or overloaded electrical circuits;
2. 
There shall be no permanent use of extension cords for appliances, heaters, lamps or other fixtures;
3. 
There shall be no leaking fixtures, clogged or leaking wastewater lines;
4. 
Faucets and fixtures shall be maintained in working conditions;
5. 
Showers, sinks and bathing facilities shall be clean and properly maintained;
6. 
There shall be no evidence of pest infestations;
7. 
If directed by the Fire Department, bedroom windows shall be operable to allow for emergency egress:
8. 
There shall be at least one window per bedroom, to allow for proper interior ventilation;
9. 
There shall be no accumulation of trash and/or debris on the site or within the unit;
10. 
All steps, stairways, decks and railings shall be stable and structurally sound;
11. 
All standard appliances, including but not limited to kitchen appliances, furnaces and water heaters, shall be operational;
12. 
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;
13. 
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; and
14. 
Exits shall remain clear of storage, debris or impedance at all times.
(8) 
The managing agency, agent, property manager, or owner of the unit whose name and local telephone number appears on the sign pursuant to subsection (b) of this section or pursuant to a conditional use permit and/or who is identified in the Transient Rental License must maintain a physical presence within the geographical limits of the City of Avalon during the term of the transient rental unit lease in order to provide response to complaints within 30 minutes of notification. Failure to be available or failure to answer the telephone shall be deemed the same as failure to respond.
(k) 
Annual Minimum Stay. Any managing agency, agent, owner or property manager who rents one or more transient rentals shall be required to ensure a minimum stay of at least 10 nights in each transient rental per calendar year.
[Added 9-2-2025 by Ord. No. 1227-25, eff. 10-2-2025]
The City Council shall annually review the need to consider further regulations or restrictions to this article, including but not limited to revising the cap on the total number of short-term rentals to ensure the City is maintaining a balance of preserving affordable housing stock with the economic benefits derived from short-term rentals.