LQ Executive Order No. 10 Amended 1 2020-08-21 - STVR 90-Day Moratorium
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
EXECUTIVE ORDER NO. 10
AS AMENDED
ORDER IMPOSING 90-DAY MORATORIUM ON PROCESSING
ANY NEW APPLICATIONS FOR SHORT-TERM VACATION RENTALS
IN THE CITY OF LA QUINTA
EFFECTIVE IMMEDIATELY
Date of Executive Order: August 4, 2020
Date AS AMENDED: August 21, 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. Commencing on the date of this order and for ninety (90) days
thereafter (the “moratorium period”), there shall be a
moratorium on processing any new application for a “short-
term vacation rental permit” required to use or operate a
“short-term vacation rental unit,” as those terms are defined
in La Quinta Municipal Code Section 3.25.030. Any application
for a short-term vacation rental permit, submitted to the City
prior to the effective date of this order, may be processed by
the City in the ordinary course of procedure. Any application
for a short-term vacation rental permit, submitted to the City
during the moratorium period imposed by this order, shall not
be processed by the City notwithstanding any provisions to the
contrary in La Quinta Municipal Code, including Section
3.25.060, Subsection (E).
2. “Short-term vacation rental unit” is defined in La Quinta
Municipal Code Section 3.25.030 as follows: “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,
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78-495 CALLE TAMPICO, LA QUINTA, CA 92253
duplex, or any portion of such dwellings, rented for occupancy
for dwelling, lodging, or sleeping purposes for a period of
thirty consecutive calendar days or less, counting portions of
calendar days as full days.” Nothing in this order releases or
relieves short-term vacation rental units from complying with
all applicable provisions of the La Quinta Municipal Code
(including but not limited to Chapters 3.24 and 3.25), and all
applicable executive orders from the City Manager’s Office
(including Executive Order No. 9, original date: July 14, 2020).
3. Notwithstanding Paragraph 1 of this order, an application for a
short-term vacation rental permit, submitted to the City during
the moratorium period imposed by this order, may be exempt
from this order and may still be processed by the City only if
the application meets one or more of the criteria set forth in
clauses (i), (ii), or (iii), below:
(i) The application is for a residential dwelling unit within a
residential project subject to all of the following: (a) A
development agreement entered into between the City and
the developer of the residential project prior to the date of
this order, still in full force and effect, and, pursuant to
which, the residential dwelling unit is included in the
“Rental Tracking System” required to be administered by
the homeowners association (HOA) for the residential
project or the HOA’s agents or contractors; (b) A specific
plan for the residential project approved by the City
Council prior to the date of this order, (c) A condition of
approval for the specific plan imposed by the City that
required the residential project to have a declaration of
covenants, conditions, and restrictions (CC&Rs) restricting
the rental of residential dwelling units in the residential
project to periods of 30 consecutive days or less; (d) A
statement by the City in the conditions of approval for the
specific plan that residential dwelling units in the
residential project have been designed to facilitate short-
term rental; (e) CC&Rs that restrict the rental of
residential dwelling units in the residential project to
periods of 30 consecutive days or less; and (f) CC&Rs that
are currently enforceable by the HOA for the residential
project. The City may request and review any documents
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
necessary or proper to determine whether the residential
dwelling unit meets all of the criteria in this paragraph and
to determine whether the application for a short-term
vacation rental permit is exempt from the moratorium
imposed by this order; or,
(ii) The short-term vacation rental unit is located: (a) in
the Village Commercial (VC) District zone, as defined in La
Quinta Municipal Code Section 9.70.100 and depicted in
the City’s Official Zoning Map; (b) within the following
boundaries: north of Calle Tampico, west of Desert Club
Drive, south of the Northern Boundary of the Village
Commercial District zone, east of Avenida Bermudas (and
east of a boundary line if Avenida Bermudas continued due
north to the Northern Boundary of the Village Commercial
District zone); and (c) adjacent to a “Hotel” or “Group
Hotel” as defined La Quinta Municipal Code
Section 3.24.020; or,
(iii) The short-term vacation rental unit is located: (a) in
the CT Tourist Commercial District zone, as defined in La
Quinta Municipal Code Section 9.70.070 and depicted in
the City’s Official Zoning Map; (b) within the following
boundaries: north of Calle Mazatlan, west of Eisenhower
Drive, south of the Avenida Fernando, and east of Avenida
Obregon; and (c) adjacent to a “Hotel” or “Group Hotel” as
defined La Quinta Municipal Code Section 3.24.020. For
purposes of this clause and clause (ii) above, “adjacent to”
means across the street from or accessible by a driveway
or service road designed to provide access to the Hotel or
Group Hotel. In clarification of this clause and (ii) above,
no application for a short-term vacation rental unit located
in any Residential District zone, as defined in La Quinta
Municipal Code Chapter 9.30, is exempt from this order
even if the short-term vacation rental unit is within the
street boundaries described in either this clause or
clause (ii) above.
4. This order is issued to best protect the public health and
welfare and follows recent orders and directives from the
California Department of Public Health (DPH) as implemented
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
by Riverside County Public Health Office, including the July 13,
2020 state-wide order re-closing certain industries in Riverside
County, and the DPH “Stay at Home Q&A” instructing persons
to “avoid travelling long distances for vacations or pleasure as
much as possible.” This order is also issued to best respond
temporarily to the recent severe strain on City enforcement
resources and revenues caused by the significant impact
COVID-19 continues to have on the City. Any subsequent
order from the City Manager shall be based on further
direction, if and when issued, from the DPH or the Riverside
County Public Health Officer, including any further direction on
the Internet Web site for DPH, 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.
5. The Assistant to the City Manager is hereby directed to
coordinate, deploy, and monitor compliance with this order,
with notices to the public and any other reasonable means
necessary or appropriate.
6. 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: 2020.08.21 16:55:26 -07'00'