ORD 563 STVRORDINANCE NO. 563
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING CHAPTER 3.25 OF THE
LA QUINTA MUNICIPAL CODE RELATED TO SHORT TERM
VACATION RENTALS
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code relates to short-term
vacation rentals; and
WHEREAS, the City has the authority to regulate businesses operating within
the City; and
WHEREAS, Chapter 3.25 of the Municipal Code addresses permitted uses, short-
term rental process and permitting procedures; and
WHEREAS, the proposed amendments are necessary to clarify process and
standards for short term rentals, and
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. CHAPTER 3.25 shall be amended as written in "Exhibit A" attached
hereto.
SECTION 2. This Ordinance shall be in full force and effect thirty (30) days after its
adoption.
SECTION 3. The City Clerk shall, within 15 days after passage of this Ordinance, cause
it to be posted in at least three public places designated by resolution of the City
Council, shall certify to the adoption and posting of this Ordinance, and shall cause
this Ordinance and its certification, together with proof of posting to be entered into
the Book of Ordinances of the City of La Quinta.
SECTION 4. That the City Council does hereby grant the City Clerk the ability to make
minor amendments to "Exhibit A" to ensure consistency of all approved text
amendments prior to the publication in the La Quinta Municipal Code.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this Ordinance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted this Ordinance and each and
every section, subsection, subdivision, sentence, clause, phrase, or portion thereof,
Ordinance No. 563
Amendment to Chapter 3.25 Short -Term Vacation Rentals
Adopted: December 5, 2017
Page 2 of 2
irrespective of the fact that any one or more section, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared unconstitutional.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 5th day of December 2017 by the following vote:
AYES: Council Members Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SUSAN MAYSELS, City Cl
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
WILLIAM H. IHRKE, ity Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
EXHIBIT A
Chapter 3.25 SHORT-TERM VACATION RENTALS
3.25.010 Title
This chapter shall be referred to as the "Short -Term Vacation Rental Regulations."
3025.020 Purpose
A. The purpose of this chapter is to establish regulations for the use of privately
owned residential dwellings as short-term vacation rentals that ensure the collection and
payment of transient occupancy taxes (TOT) as provided in Chapter 3.24 of this code, and
minimize the negative secondary effects of such use on surrounding residential
neighborhoods.
B. This chapter is not intended to provide any owner of residential property with
the right or privilege to violate any private conditions, covenants and restrictions applicable to
the owner's property that may prohibit the use of such owner's residential property for short-
term vacation rental purposes as defined in this chapter.
3.25.030 Definitions
For purposes of this chapter, the following words and phrases shall have the meaning
respectively ascribed to them by this section:
"Advertise," "advertisement," "advertising," "publish," and "publication" mean any and
all means, whether verbal or written, through any media whatsoever whether in use prior to, at
the time of, or after the enactment of the ordinance amending this chapter, used for
conveying to any member or members of the public the ability or availability to rent a short-
term vacation rental unit as defined in this section, or used for conveying to any member or
members of the public a notice of an intention to rent a short-term vacation rental unit as
defined in this section. For purposes of this definition, the following media are listed as
examples, which are not and shall not be construed as exhaustive: Verbal or written
announcements by proclamation or outcry, newspaper advertisement, magazine
advertisement, handbill, written or printed notice, printed or poster display, billboard display,
e-mail or other electronic/digital messaging platform, electronic commerce/commercial
Internet Web sites, and any and all other electronic media, television, radio, satellite -based, or
Internet Web site.
"Applicable laws, rules and regulations" means any laws, rules, regulations and codes
(whether local, state or federal) pertaining to the use and occupancy of a privately owned
dwelling unit as a short-term vacation rental.
"Applicant" means the owner of the short-term vacation rental unit or the owner's
authorized agent or representative.
"Authorized agent or representative" means the designated agency or representative
who is appointed by the owner and also is responsible for compliance with this chapter with
respect to the short-term vacation rental unit.
"City manager" means that person acting in the capacity of the city manager of the
city of La Quinta or designee.
"Declaration of non-use" means the declaration described in Section 3.25.050
"Good neighbor brochure" means a document prepared by the city that summarizes
the general rules of conduct, consideration, and respect, including, without limitation,
provisions of this code and other applicable laws, rules or regulations pertaining to the use
and occupancy of short-term vacation rental units.
"Local contact person" means the person designated by the owner or the owner's
authorized agent or representative who shall be available twenty-four hours per day, seven
days per week with the ability to respond to the location within forty-five (45) minute for the
purpose of: (1) taking remedial action to resolve any such complaints and (2) responding to
complaints regarding the condition, operation, or conduct of occupants of the short-term
vacation rental unit..
"Notice of Permit Modification, Suspension or Revocation" means the notice the city
may issue to an applicant, authorized agent or representative, local contact person, occupant,
owner, responsible person, or any other person or entity authorized to be issued such notice
under this code for a short-term vacation rental unit, upon a determination by the city of a
violation of this chapter or other provisions of this code relating to authorized uses of property
subject to this chapter.
"Occupant" means any person(s) within the dwelling unit during the rental period.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to
the subject short-term vacation rental.
"Property" means a residential legal lot of record on which a short-term vacation rental
unit is located.
"Rent" has the same meaning as set forth in Section 3.24.020 (or successor provision, as
may be amended from time to time) of this code.
"Responsible person" means the signatory of an agreement for the rental, use and
occupancy of a short-term vacation rental unit, who shall be an occupant of that short-term
vacation rental unit, who is at least twenty-one (21) years of age, and who is legally
responsible for ensuring that all occupants of the short-term vacation rental unit and/or their
guests comply with all applicable laws, rules and regulations pertaining to the use and
occupancy of the subject short-term vacation rental unit.
"STVR" may be used by city officials as an abbreviation for "short-term vacation
rental." "
Short-term vacation rental permit" means a permit that permits the use of a privately
owned residential dwelling as a short-term vacation rental unit pursuant to the provisions of
this chapter, and which incorporates by consolidation a transient occupancy permit and a
business license otherwise required by Section 3.24.060 and Section 3.28.020 (or successor
provisions, as may be amended from time to time) of this code.
-2-
"Short-term vacation rental unit" means a privately owned residential dwelling, such
as, but not limited to, a single-family detached or multiple -family attached unit, apartment
house, condominium, cooperative apartment, duplex, or any portion of such dwellings, rented
for occupancy for dwelling, lodging, or sleeping purposes for a period of thirty (30) consecutive
calendar days or less, counting portions of calendar days as full days
"Dwelling" has the same meaning as set forth in Section 9.280.030 (or successor
provision, as may be amended from time to time) of this code; "dwelling" does not include any
impermanent, transitory, or mobile means of temporary lodging, including but not limited to
mobile homes, recreational vehicles (RVs), car trailers, and camping tents.
"Tenant" or "Transient," for purposes of this chapter, means any person who seeks to
rent or who does rent a short-term vacation rental unit.
3.25.040 Authorized agent or representative
A. An owner may authorize an agent or a representative to comply with the
requirements of this chapter on behalf of the owner. The city may prescribe reasonable
requirements to verify that a purported owner or designated agency or representative is the
owner and/or has received the owner's consent to be the owner's designated agency or
representative.
B. Notwithstanding subsection A, the owner shall not be relieved from any
personal responsibility and personal liability for noncompliance with any applicable law, rule or
regulation pertaining to the use and occupancy of the subject short-term vacation rental unit,
regardless of whether such noncompliance was committed by the owner's authorized agent
or representative or the occupants of the owner's short-term vacation rental unit or their
guests.
3.25.050 Short-term vacation rental permit—required
A. The owner or the owner's authorized agent or representative is required to
obtain a short-term vacation rental permit and a business license from the city before renting
or advertising a short-term vacation rental unit. No short-term vacation rental use may occur
in the city except in compliance with this chapter.
B. A short-term vacation rental permit and business license shall be required to be
renewed on an annual basis in order to remain valid. Failure to renew a short- term vacation
rental permit within thirty (30) consecutive days of its expiration date will result in the short-
term vacation rental permit being terminated. A new Owner of a short term vacation rental
unit that had been issued a short term vacation rental permit to a former owner or former
owner's authorized agent or representative shall apply for a new short term vacation rental
permit if the new Owner wants to continue to use the residential dwelling as a short term
vacation rental unit.
C. A short term vacation rental permit and business license shall not be issued or
renewed if the property, or any building, structure, or use or land use on the property is in
violation of this code. The city may conduct an inspection of the property prior to the issuance
or renewal of a short-term vacation rental permit and/or business license. For purposes of this
subsection, a code violation exists if, at the time of the submittal of an application for a new or
-3-
renewed short- term vacation rental permit or business license, the city has commenced
administrative proceedings by issuing written communication and/or official notice to the
owner or owner's responsible agent or representative of one or more code violations. For
purposes of this chapter, "building," "structure," and "use or land use" have the same
meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended
from time to time) of this code.
D. A short term vacation rental permit and business license shall not be issued or
renewed if any portion of transient occupancy tax has not been reported and/or remitted to the
city for the previous calendar year by the applicable deadline for the reporting and/or
remittance of the transient occupancy tax.
E. An owner or owner's authorized agent or representative who claims not to be
operating a short term vacation rental unit or who has obtained a valid short-term vacation
rental permit and business license pursuant to this chapter, may voluntarily opt -out of the
requirements of this chapter, prior to the issuance or expirations of a short-term vacation
rental permit and business license that are applicable to the short-term vacation rental unit,
only upon the owner or owner's authorized agent or representative executing, under penalty
of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed
by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and
filing by the city of a fully executed declaration of non-use, the owner or owner's authorized
agent representative shall be released from complying with this chapter as long as the
property is not used as a short- term vacation rental unit. Use of the property as a short-term
vacation unit after the city's receipt and filing of a declaration of non-use, is a violation of this
chapter. If, after a declaration of non-use has been received and filed by the city, the owner or
owner's authorized agent or representative wants to use that property as a short-term
vacation rental unit, the owner or owner's authorized agent or representative shall apply for a
new short-term vacation rental permit and business license and fully comply with the
requirements of this chapter and the code.
3.25.060 Short-term vacation rental permit—Application Requirements
A. The owner or the owner's authorized agent or representative must submit the
information required on the city's short-term vacation rental permit application form provided by
the city, which may include any or all of the following:
1. The name, address, and telephone number, and address of the owner of
the subject short-term vacation rental unit;
2. The name, address, and telephone number of the owner's authorized
agent or representative, if any;
3. The name, address, and twenty-four hour telephone number of the local
contact person;
4. The address of the proposed short-term vacation rental unit, Internet
listing site and listing number;
5. The number of bedrooms, which shall not exceed the number of bedrooms
allowable for the number of occupants as set forth in Section 3.25.070. The allowable
-4-
number of bedrooms shall meet all applicable building and construction requirements
under federal, state and city codes, including but not limited to all applicable building
and construction codes in Title 8 of this code;
6. Acknowledgement of receipt of a short-term vacation rental information
packet from the city, which includes a copy of the good neighbor brochure;
7. Certification from the owner or owner's authorized agent or
representative that issuance of a short-term vacation rental permit pursuant to this
chapter is not inconsistent with any recorded or unrecorded restrictive covenant,
document, or other policy of a homeowner association or other person or entity which
has governing authority over the property on which a short-term vacation rental unit
will be operated; and
8. Such other information as the city manager or designee deems
reasonably necessary to administer this chapter.
B. The short-term vacation rental permit application shall be accompanied by an
application fee as set by resolution of the city council.
C. A short-term vacation rental permit application may be denied if the applicant
has failed to comply with application requirements in this chapter, or has had a prior short-
term vacation rental permit for the same unit revoked within the past twelve calendar
months.
D. Within fourteen (14) days of a change of property ownership, change of owner's
agent or representative, or any other change in material facts pertaining to the information
contained in the vacation rental permit application, the owner or owner's authorized agent or
representative shall submit an application and requisite application fee for a new short-term
vacation rental permit, which must be obtained prior to continuing to rent the subject unit as
a short-term vacation rental.
E. Transient occupancy registration permits issued for the operation of short-term
vacation rental units prior to the effective date of the ordinance amending this chapter shall
remain in effect until December 31, 2017. All short-term vacation rentals shall be registered
annually thereafter in accordance with this chapter.
3.25.070 Operational requirements and standard conditions
A. The owner and/or owner's authorized agent or representative shall use
reasonably prudent business practices to ensure that the short-term vacation rental unit is
used in a manner that complies with all applicable laws, rules and regulations pertaining to
the use and occupancy of the subject short-term vacation rental unit.
B. The responsible person(s) shall be an occupant(s) of the short-term vacation
rental unit for which he/she/they signed a rental agreement for such rental, use and
occupancy. The number of occupants, including the responsible person(s), allowed to occupy
any given short-term vacation rental unit shall be limited as follows:
-5-
Number of Bedrooms
Total of Overnight*
Occupants
Total Daytime** Occupants
(Including Number of Overnight
Occupants)
0 - Studio
2
8
1
4
8
2
6
8
3
8
12
4
10
16
5
12
18
6
14
20
7
14
20
8
16
22
9
18
24
* Overnight (10:01 p.m. - 6:59 a.m.)
Daytime (7:00 a.m. - 10:00 p.m.)
**
C. While a short-term vacation rental unit is rented, the owner, the owner's
authorized agent or representative and/or the owner's designated local contact person shall
be available twenty-four hours per day, seven days per week, with the ability to respond to the
location within forty-five (45) minutes to complaints regarding the condition, operation, or
conduct of occupants of the short- term vacation rental unit or their guests.
D. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall use reasonably prudent business practices to ensure
that the occupants and/or guests of the short-term vacation rental unit do not create
unreasonable or unlawful noise or disturbances, engage in disorderly conduct, or violate any
applicable law, rule or regulation pertaining to the use and occupancy of the subject short-
term vacation rental unit.
E. Occupants of the short term vacation rental shall comply with the standards
and regulations for allowable noise at the property in accordance with Section 9.100.210 (or
successor provision, as may be amended from time to time) of this code. No radio receiver,
musical instrument, phonograph, compact disk player, loudspeaker, karaoke machine, sound
amplifier, or any machine, device or equipment that produces or reproduces any sound shall be
used outside or be audible from the outside of any short-term vacation rental unit between
the hours of ten p.m. and seven a.m. (10:00 p.m. - 7:00 a.m.) Pacific Standard Time.
F. Prior to occupancy of a short-term vacation rental unit, the owner or the
owner's authorized agent or representative shall:
1. Obtain the contact information of the responsible person;
2. Provide a copy of the good neighbor brochure to the responsible person;
and require such responsible person to execute a formal acknowledgement that he or she is
legally responsible for compliance by all occupants of the short-term vacation rental unit and
their guests with all applicable laws, rules and regulations pertaining to the use and occupancy
of the short-term vacation rental unit. This information shall be maintained by the owner or the
owner's authorized agent or representative for a period of three years and be made readily
available upon request of any officer of the city responsible for the enforcement of any provision
-6-
of this code or any other applicable law, rule or regulation pertaining to the use and occupancy
of the short-term vacation rental unit.
G. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall, upon notification that the responsible person and/or
any occupant and/or guest of the short-term vacation rental unit has created unreasonable or
unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any
applicable law, rule or regulation pertaining to the use and occupancy of the subject short-
term vacation unit, promptly respond within forty-five (45) minutes to immediately halt or
prevent a recurrence of such conduct by the responsible person and/or any occupants and/or
guests. Failure of the owner, the owner's authorized agent or representative and/or the
owner's designated local contact person to respond to calls or complaints regarding the
condition, operation, or conduct of occupants and/or guests of the short-term vacation rental
within forty-five (45) minutes shall be subject to all administrative, legal and equitable
remedies available to the city.
H. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall report to the city manager, or designee, the name,
violation, date, and time of disturbance of each person involved in three or more disorderly
conduct activities, disturbances or other violations of any applicable law, rule or regulation
pertaining to the use and occupancy of the subject short-term vacation rental unit.
I. Trash and refuse shall not be left stored within public view, except in proper
containers for the purpose of collection by the city's authorized waste hauler on scheduled
trash collection days. The owner, the owner's authorized agent or representative shall use
reasonably prudent business practices to ensure compliance with all the provisions of Chapter
6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from
time to time) of this code.
J. Signs may be posted on the premises to advertise the availability of the short-
term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as
may be amended from time to time) of this code.
K. On-site parking shall be allowed on an approved driveway, garage, and/or
carport areas only. Recreational vehicles may be parked in accordance with the provisions set
forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of
this code.
L. The owner, the owner's authorized agent or representative and/or the owner's
designated local contact person shall post a copy of the short-term vacation rental permit and
a copy of the good neighbor brochure in a conspicuous place within the short-term vacation
rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of
the subject short-term vacation rental unit.
M. Unless otherwise provided in this chapter, the owner and/or the owner's
authorized agent or representative shall comply with all provisions of Chapter 3.24
concerning transient occupancy taxes, including, but not limited to, submission of a monthly
return in accordance with Section 3.24.080 (or successor provisions, as may be amended from
time to time) of this code, which shall be filed monthly even if the short- term vacation rental
unit was not rented during each such month.
-7-
N. The city manager, or designee, shall have the authority to impose additional
conditions on the use of any given short-term vacation rental unit to ensure that any potential
secondary effects unique to the subject short-term vacation rental unit are avoided or
adequately mitigated, including but not limited to a mitigating condition that would require
the installation of a noise monitoring device to keep time -stamped noise level data from the
property that will be made available to the city upon city's reasonable request.
0. The standard conditions set forth herein may be modified by the city manager,
or designee, upon request of the owner or the owner's authorized agent or representative
based on site-specific circumstances for the purpose of allowing reasonable accommodation
of a short-term vacation rental. All requests must be in writing and shall identify how the strict
application of the standard conditions creates an unreasonable hardship to a property such
that, if the requirement is not modified, reasonable use of the property for a short-term
vacation rental would not be allowed. Any hardships identified must relate to physical
constraints to the subject site and shall not be self- induced or economic. Any modifications of
the standard conditions shall not further exacerbate an already existing problem.
P. The owner and/or the owner's authorized agent or representative shall post the
current short-term vacation rental permit number on or in any advertisement that promotes
the availability or existence of a short-term vacation rental unit in. In the instance of audio -
only advertising of the same, the short-term vacation rental permit number shall be read as
part of the advertising.
Q. The owner and/or owner's authorized agent or representative shall operate a
short- term vacation rental unit in compliance with any other permits or licenses that apply to
the property, including but not limited to any permit or license needed to operate a special
event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to
time) of this code.
3.25.080 Recordkeeping duties
The owner or the owner's authorized agent or representative shall maintain for a
period of three years, records in such form as the tax administrator (as defined in Chapter 3.24)
may require to determine the amount of transient occupancy tax -owed to the city. The tax
administrator shall have the right to inspect such records at all reasonable times, which may be
subject to the subpoena by the tax administrator pursuant to Section 3.24.140 (Records)
(Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of
this code.
3.25.090 Violations
A. Additional Conditions. A violation of any provision of this chapter or this code by
any applicant, occupant, responsible person, local contact person, owner, or owner's
authorized agent or representative, shall authorize the city manager, or designee, to impose
additional conditions on the use of any given short-term vacation rental unit to ensure that
any potential additional violations are avoided.
B. Permit Modification, Suspension and Revocation. A violation of any provision of
this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local
laws or codes, including but not limited to applicable fire codes and the building and
construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible
-8-
person, local contact person, owner, or owner's authorized agent or representative, shall
constitute grounds for modification, suspension and/or revocation of the short-term vacation
rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in
Section 3.25.100.
C. Notice of Violation. The city may issue a notice of violation to any applicant,
occupant, responsible person, local contact person, owner, or owner's authorized agent or
representative, pursuant to Section 1.01.300 (or successor provisions, as may be amended
from time to time) of this code, if there is any violation of this chapter committed, caused or
maintained by any of the above parties.
D. Administration Citation. The city may issue an administrative citation to any
applicant, occupant, responsible person, local contact person, owner, or owner's authorized
agent or representative, pursuant to Chapter 1.09 (Administrative Citation) (or successor
provisions, as may be amended from time to time) of this code, if there is any violation of this
chapter committed, caused or maintained by any of the above parties. Nothing in this section
shall preclude the city from also issuing an infraction citation upon the occurrence of the
same offense on a separate day. An administrative citation may impose a fine for one or more
violations of this chapter as set by resolution of the city council.
E. Misdemeanor Citation. The city may issue a misdemeanor citation to any
applicant, occupant, responsible person, local contact person, owner, or owner's authorized
agent or representative. Every violation of this chapter is a misdemeanor and punishable by a
fine not exceeding five hundred dollars or imprisonment in the County Jail for not more than
six months or by both such fine and imprisonment.
F. Public Nuisance. In addition to any and all rights and remedies available to the
city, it shall be a public nuisance for any person to commit, cause or maintain a violation of
this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public
nuisances) (or successor provisions, as may be amended from time to time) of this code.
3.25.100 Appeals
Any person aggrieved by any decision of a city officer made pursuant to this chapter
may request a hearing before the city manager in accordance with Chapter 2.08 (or successor
provisions, as may be amended from time to time) of this code.
-9-
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a
full, true, and correct copy of Ordinance No. 563 which was introduced at a regular meeting on the 21st
day of November, 2017 and was adopted at a regular meeting held on the 5th day of December, 2017
not being less than 5 days after the date of introduction thereof.
I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as
specified in the Rules of Procedure adopted by City Council Resolution No. 2015-023.
SUSAN MAYSELS, City Cler
City of La Quinta, California
DECLARATION OF POSTING
I, SUSAN MAYSELS, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing
ordinance was posted on December 7, 2017, pursuant to Council Resolution.
SUSAN MAYSELS, City Cler
City of La Quinta, Californi
-10-