LQ Executive Order No. 07 Amended 4 2020-05-20 - STVR Restrictions78-495 CALLE TAMPICO, LA QUINTA, CA 92253
EXECUTIVE ORDER NO. 7
AS AMENDED by this FOURTH AMENDMENT
ORDER GOVERNING ALL SHORT TERM, VACATION, HOTEL, MOTEL,
TIME-SHARE, AND SIMILAR LODGING RENTALS
FOR 30 DAYS OR LESS IN THE CITY
EFFECTIVE IMMEDIATELY
Original Date of Executive Order: March 26, 2020
Date AS AMENDED: April 3, 2020
Date of SECOND AMENDMENT: April 8, 2020
Date of THIRD AMENDMENT: May 12, 2020
Date of FOURTH AMENDMENT: May 20, 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 30 days or
less. This definition includes any definition set forth in the La
Quinta Municipal Code, including Sections 3.24.020 and
3.25.030,that provide for a rental timeframe of 30 days or
less, and otherwise refer to short-term lodgings or short-term
vacation rentals.
2.In further explanation of Paragraph 1 above, “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;
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78-495 CALLE TAMPICO, LA QUINTA, CA 92253
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 and occupancy,
or used and occupied by, persons for a time period of 30 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 unless in compliance with this order.
The fourth amendment to this order is expressly intended to
apply on and after May 20,2020. All terms and conditions in
this order that were in effect prior to the date of this fourth
amendment,including those set forth in the second and third
amendments, remain applicable to any decision made by the
city when those terms and conditions were in effect; provided,
however, modifications to those prior decisions may be made
by the city that are consistent with this fourth amendment. In
explanation of and support for continued application of terms
and conditions from prior amendments, 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, as
supplemented by Executive Order N-60-20) 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.With the issuance of California
Governor Executive Order N-60-20, the state authorized the
re-opening of industries and delegated to the California
Department of Public Health the responsibility for re-opening
and allowing operations of industries in four (4) stages; as of
the effective date of the fourth amendment, the state was in
“Stage 2” of re-opening and allowing operations of certain
industries; the intent of the fourth amendment is to align this
order with the legal ability to use and occupy short-term
rentals in the City of La Quinta as may be authorized by, and
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
consistent with, requirements by the California Department of
Public Health.
4. Upon the effective date of the fourth amendment, any short-
term rental in the City of La Quinta may open and operate,
and shall be used and occupied, as authorized by, and
consistent with, California Governor Executive Order N-60-20
and the requirements of the California Department of Public
Health set forth and available at the following (and any other
applicable) Web sites, as may be updated from time to time:
https://covid19.ca.gov/industry-guidance/;
https://covid19.ca.gov/roadmap/;
https://covid19.ca.gov/stay-home-except-for-essential-
needs/#top.
5.Any short-term rental authorized to be opened, operated,used
and occupied pursuant to this order:(A)shall have a minimum
of 24 hours between the time of a person(s) departure and the
time of check-in and new occupancy by any different
person(s), and (B) shall comply with Chapters 3.24, 3.25, and
any other provisions in the La Quinta Municipal Code that
ordinarily would be applicable to the short-term rental.
6.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 the 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.
7.Any and all advertising for a short-term rental shall not be
inconsistent with this order for as long as this order remains in
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
effect. This requirement shall be in addition to any other
requirements for advertising a short-term rental set forth in
Chapters 3.24, 3.25, or any other provisions in the La Quinta
Municipal Code.
8.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/ and
https://covid19.ca.gov/stay-home-except-for-essential-
needs/#top,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.
9.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.
10.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.
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
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
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: 2020.05.20 10:37:24 -07'00'