LQ Executive Order No. 07 Amended 2 2020-04-02 - STVR Restrictions78-495 CALLE TAMPICO,LA QUINTA,CA 92253
EXECUTIVE ORDER NO. 7
AS AMENDED by this SECOND AMENDMENT
ORDER GOVERNING ALL SHORT TERM, VACATION, HOTEL, MOTEL,
TIME-SHARE, AND SIMILAR LODGING RENTALS
FOR 60 DAYS OR LESS IN THE CITY
EFFECTIVE DATE: 12:00 a.m. April 9, 2020
Original Date of Executive Order: March 26, 2020
Date AS AMENDED: April 3, 2020
Date of SECOND AMENDMENT: April 8, 2020
Pursuant to Chapter 2.20 of the La Quinta Municipal Code and City Council
Resolution No. EM 2020-001, the City Manager for the City of La Quinta
hereby ORDERS the following:
1. This order applies to all “short-term rentals” in the City of La
Quinta, which are defined as any and all facilities, including
short-term rentals, vacation rentals, timeshares, hotels,
motels, and other short-term lodgings, which provide lodging
or accommodations to persons for a time period of 60 days or
less. This definition shall supersede any definition, timeframe,
or day limitation set forth in the La Quinta Municipal Code,
including Sections 3.24.020 and 3.25.030 that provide for a
timeframe of 30 days or less, which otherwise would be in use
to refer to short-term lodgings or short-term vacation rentals.
2. Notwithstanding any provisions in Chapters 3.24, 3.25, or any
other provisions in the La Quinta Municipal Code to the
contrary, “short-term rentals” subject to this order includes all
of the following: (A) “Hotels,” “group hotels,” and “time-share
occupancies,” as those terms are defined in Section 3.24.020
of the La Quinta Municipal Code; (B) “Short-term vacation
rental units” as defined in Section 3.25.030 of the La Quinta
Municipal Code; and (C) Any other lodging areas, structures,
improvements, mobile or immobile units, rooms, or enclosed
spaces located within the City of La Quinta available for use
OFFICE OF THE CITY MANAGER
TEL (760) 777-7100
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
and occupancy, or used and occupied by, persons for a time
period of 60 days or less.
3. Notwithstanding any provisions in Chapters 3.24, 3.25, or any
other provisions in the La Quinta Municipal Code to the
contrary,commencing from the original date of this order and
for as long as the Local Emergency relating to COVID-19
remains in place, all short-term rentals are hereby suspended,
and shall not be available for use or occupancy, nor used or
occupied by, any person until subsequent order from the City
Manager.This order is expressly intended to apply
retroactively. All terms and conditions in this order, including
those set forth in the second amendment, are to be applied as
if originally issued on the original date of this order. In
explanation of and support for retroactive application, the
original intent of this order was and remains (a) To prevent
the spread of COVID-19 by applying the statewide “stay at
home” order (California Governor Executive Order N-33-20) to
transitory or temporary rentals and lodging ordinarily available
in the City of La Quinta but for the Local Emergency; (b) To
completely suspend, for a temporary period, all short-term
rentals in the City of La Quinta for the duration of the Local
Emergency as proclaimed by the City Council, and (c) To
permit use or occupancy of short-term rentals only in
extremely limited situations, and only with clearly convincing
evidence in support that such use or occupancy is necessary
for COVID-19 relief efforts in the City of La Quinta.
4.Upon receiving approval from the City if required pursuant to
Subsection (D) below, the following short-term rentals are
exempt from this order and may be used for the City-approved
use:
(A) Short-term rentals providing COVID-19 mitigation and
containment measures, including:
(i) Temporary lodging to protect homeless persons;
(ii) Lodging for persons who have been displaced and
cannot return to their residence because there
exists any of the following:
(a) A person residing at the residence that must
isolate or quarantine,
(b) A higher risk of severe illness at the residence,
or
(c) There is no ability for a person(s) to return to
his/her/their primary or other usual place of
residence due to travel restrictions or other
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
circumstance beyond the control of the
displaced person(s);
(iii) Lodging is for persons who are residents of the city
but need to isolate or quarantine themselves.
(B) Short-term rentals providing lodging for essential critical
infrastructure workers or essential service workers, as
described by the California Department of Public Health
or the Riverside County Public Health Office, and any of
the following workers: fire, police, code enforcement,
and other public safety workers; health care workers
who provide services relating to the COVID-19 public
health emergency; and state, county, regional
government, and city workers or their contract workers
who are necessary to continue the operations of state
and local government.
(C) Persons currently using and occupying a short-term
rental any time after the original date of this order, who
have an existing contract to rent the short-term rental
that extends beyond the effective date of this second
amendment and that is approved by the City pursuant to
Subsection (D) below; provided, however, that upon the
end of the existing contracted-for rental period, the
persons vacate the short-term rental and return to their
primary or other usual place of residence (unless
prevented from returning for a reason set forth in this
order).
(D) Except for “hotels” and “group hotels” (as defined in
Section 3.24.020 of the La Quinta Municipal Code) which
are not subject to the requirements in this
Subsection (D), any and all short-term rentals purported
to be exempt from suspension under this order shall be
required to receive written approval by the City for any
exempt use or occupancy. City approval shall be
required for any and all short-term rentals, including
those currently in use or occupied, and prior to any new
use or occupancy after the effective date of this second
amendment. City approval shall be based on clearly
convincing evidence, such as medical provider or
doctor’s orders, essential worker designation from a
public agency, or other similar documentation as the
City deems necessary or proper to confirm an existing or
proposed short-term rental use or occupancy is exempt.
Any and all purported evidence for short-term rentals
currently being used or occupied as of the date of this
second amendment shall be submitted to the City NO
LATER THAN 5:00 p.m. on April 10, 2020.Any and
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
all purported evidence for short-term rentals that are
vacant as of the effective date of this second
amendment, and that may be exempt under this order
and eligible for use and occupancy, shall be submitted to
the City no later than one business day before any
agreement or contract is entered, or if no agreement or
contract is to be entered, then one business day before
taking any use or occupancy. Any and all purported
evidence shall be submitted by the “owner” or
“authorized agent or representative” (as defined in La
Quinta Municipal Code Section 3.25.030), or other
person or entity who owns or manages a short-term
rental in the City of La Quinta. Any and all purported
evidence shall be submitted electronically in a manner
and format as described and required by the City. Any
short-term rental subject to this Subsection (D) must
comply with this subsection, regardless of whether or
not a rental payment or other consideration is paid or
provided by an occupant or user of that short-term
rental.
5. Notwithstanding any provisions in Chapters 3.24, 3.25, or any
other provisions in the La Quinta Municipal Code to the
contrary, and to the maximum extent allowable under state
law, any person who violates this order shall be subject to a
fine of $5,000 per violation and an immediate suspension of
any and all City permits that authorize the use of the short-
term rental for one (1) year from the date of suspension.
Citations and suspensions of permits may be issued by the
City any time the day after the effective date of this second
amendment, and such citation and suspensions of permits
may take effect immediately upon issuance to a short-term
rental in violation of this order. Payment for any citation shall
be due and payable immediately or as set forth in the citation.
Any applicable time periods relating to the submittal,
processing, and decision of an administrative appeal for the
issuance of a citation or other decision of a city officer
available under the La Quinta Municipal Code, including
Chapters 1.09, 2.08, 3.24, and 3.25, shall be tolled and shall
not commence until the date the Local Emergency, as
determined by the City Council, is no longer in effect.
6. Any and all advertising for a short-term rental shall not be
inconsistent with this order for as long as this order remains in
effect. This requirement shall be in addition to any other
requirements for advertising a short-term rental set forth in
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
Chapters 3.24, 3.25, or any other provisions in the La Quinta
Municipal Code.
7. This order is issued to best protect the public health and
welfare and follows the most recent orders and directives from
the California Department of Public Health as implemented by
Riverside County Public Health Office. Any subsequent order
from the City Manager to remove the suspension on, and allow
full use and occupancy of, short-term rentals subject to this
order shall be based on further direction, if and when issued,
from the California Department of Public Health or the
Riverside County Public Health Officer, including any further
direction on the Internet Web site for the California
Department of Public Health, at: https://covid19.ca.gov/stay-
home-except-for-essential-needs/and Riverside County Public
Health Office at: https://www.rivcoph.org/coronavirus, or
successor Web sites established by the state department or
county public health office.
8. The Assistant to the City Manager is hereby directed to
coordinate, deploy, and monitor the suspension of the use and
occupancy of short-term rentals, subject to this order, with
notices to the public and any other reasonable means
necessary or appropriate.
9. This order shall remain in effect until terminated or amended
by subsequent order from the City Manager.
This Executive Order is issued because a Local Emergency, as defined in
Section 2.20.020 of the La Quinta Municipal Code, has been proclaimed by
the City Council of the City of La Quinta to exist due to the threat of the
existence and spread of novel coronavirus disease 2019 (COVID-19) in and
throughout the city. All of the findings set forth in the recitals to Resolution
No. EM 2020-001 adopted by the City Council are hereby incorporated by
reference into this Executive Order.
This Executive Order is issued, pursuant to Sections 3, 5, and 8 of
Resolution No. EM 2020-001 and Section 2.20.100, Subsections (A) and (B),
of the La Quinta Municipal Code, under which the City Manager has the
authority and power to issue executive orders for any matters related to the
Local Emergency.
This Executive Order is issued in furtherance of the authority and power to
address the Local Emergency as provided in the California Emergency
Services Act, Chapter 7 (commencing with Section 8550) of Title 2 of the
Government Code, and implemented by Chapter 2.20 of the La Quinta
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
Municipal Code. Any violation of this Executive Order may be determined to
be a misdemeanor and punishable by a fine or imprisonment, or both,
pursuant to Section 8665 of the Government Code, Section 2.20.140 of the
La Quinta Municipal Code, the provisions in this order, and any other state or
city law as may be applicable.
EXECUTED BY:
_______________________________
Jon McMillen, City Manager
City of La Quinta, California
Digitally signed by Jon McMillen
DN: cn=Jon McMillen, o=City of La Quinta,
ou=City Manager,
email=jmcmillen@laquintaca.gov, c=US
Date: 2020.04.08 17:51:06 -07'00'