ORD 569 Moratorium 120-days Bedroom ConverstionsORDINANCE NO. 569
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858, EXTENDING FOR 120
DAYS THE MORATORIUM, PURSUANT TO GOVERNMENT
CODE SECTION 65858, ON THE APPROVAL OF ANY LAND
USE ENTITLEMENT, INCLUDING SUBDIVISIONS, USE
PERMITS, VARIANCES, BUILDING PERMITS, OR ANY OTHER
APPLICABLE ENTITLEMENT, FOR ADDITIONAL BEDROOMS
BY CONVERTING NON -BEDROOM SPACES AND AREAS INTO
BEDROOMS IN SPECIFIED RESIDENTIAL ZONES IN THE
CITY OF LA QUINTA, CALIFORNIA
WHEREAS, there has been a proliferation of conversions of non -bedroom
spaces and areas to bedrooms in existing single family dwellings or other residences
within the City of La Quinta, California ("City"). The City's code enforcement officers
have become aware that in some residential zones of the City, such as the Via Sevilla
residential neighborhood, that non -bedroom spaces and areas have been converted
to bedrooms without any building permits or other necessary approvals. The City's
code enforcement officers also have become aware that some of these residences
with converted bedrooms are being advertised and rented as short-term vacation
rental properties. Such unpermitted conversions have caused an influx of rental
housing and occupancy of single family dwellings or other residences in excess of the
number of persons originally contemplated and approved in accordance with the La
Quinta Municipal Code ("Municipal Code"), including the City's Zoning Code ("Zoning
Code"), and the City's General Plan, including its Housing Element (the "General Plan"
and "Housing Element" respectively); and
WHEREAS, there are existing single family dwellings or other residences
throughout the City that have non -bedroom space, including living rooms, family
rooms, bonus rooms, lofts, and third car garage space, that could be converted to
bedrooms and marketed as multi -bedroom vacation rental units. The continued
conversions of non -bedroom space to bedrooms in and corresponding occupancy of
such single family dwellings or other residences in excess of that contemplated by the
General Plan, Housing Element, Municipal Code, and Zoning Code poses a threat to the
public health, safety, and welfare; and
WHEREAS, in order to allow time for the City Council to consider and study the
possible enactment of revisions to the General Plan, including the Housing Element,
and/or the Municipal Code, including the Zoning Code, relating to applications for
additional bedrooms resulting from the conversion of living rooms, dining rooms, and
other non -bedroom spaces and areas into bedrooms in existing single family
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 2 of 13
dwellings or other residences, and to develop an adequate approval and review
process for the regulation thereof, including if such conversions may be in furtherance
of short-term vacation rentals, it is necessary to suspend the approval of any City -
issued land use entitlement, including subdivisions, use permits, variances, building
permits, or any other applicable entitlement, with regard to conversion of non -
bedroom spaces and areas into bedrooms because they may conflict with such
possible revisions that the City Council may consider and approve; and
WHEREAS, California Government Code Section 65858 allows the City Council to
adopt as an urgency measure an interim ordinance, and extension thereof, prohibiting
any uses that may frustrate or be in conflict with a contemplated general plan,
specific plan, or zoning proposal that the City Council, planning commission or the
planning department is considering or studying or intends to study within a
reasonable time. Pursuant to Government Code Section 65858, the City Council
adopted Ordinance No. 566, establishing a moratorium, and, to enact the extension
thereof under this ordinance, noticed a public hearing pursuant to Government Code
Section 65090.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1: Findings. The foregoing recitals are true and correct and are
incorporated herein as though set forth in full, adopted as part of the findings of the
City Council, and are each relied upon independently by the City Council for its
adoption of this Urgency Interim Ordinance ("this ordinance") on an urgency basis.
Based on the foregoing, the City Council makes the additional findings in this SECTION
1.
A. There is a current and immediate threat to the public health, safety, or
welfare for the following reasons:
(1) Violations of Title 8 of the Municipal Code [Building and
Construction Code'. Additional bedrooms resulting from the
conversion of non -bedroom space to bedrooms in existing single
family dwellings or other residences requires an adequate review
and approval process to ensure compliance with the City's
Building and Construction Code.
(a) Title 8 of the City's Municipal Code, the Building and
Construction Code, incorporates the California Building
Code, Fire Code, Mechanical Code, Plumbing Code, Energy
Code, and Electrical Code, as well as the Residential Code
(Chapter 8.06 of the Municipal Code), the last of which
regulates the construction, alteration, movement,
enlargement, replacement, repair, equipment, use and
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 3 of 13
occupancy, location, maintenance, removal and demolition
of any and all detached one- and two-family dwellings,
specified townhouses, and ancillary structures thereto. (See
Section 8.06.010 of the Municipal Code.) The City also
enforces the Housing Code (Chapter 8.09 of the Municipal
Code) to provide minimum health and safety standards for
the maintenance of the existing housing supply. Together
with the State mandated minimum standards adopted and
incorporated into the City's Building and Construction Code
in Title 8 of the Municipal Code, these standards provide for
safe and sanitary housing that is fit for human habitation.
(b) City seeks to protect the public health, safety, and welfare
of the public and an adequate review and approval process
is necessary to ensure conversions of non -bedroom space
to bedrooms achieve compliance with the minimum
standards codified in the Building and Construction Code in
Title 8 of the Municipal Code.
(2) Violations of Chapter 3.25 of the Municipal Code [Short -Term
Vacation Rentals]. The City has adopted comprehensive Short -
Term Vacation Rentals Regulations (Chapter 3.25 of the Municipal
Code). The purpose of Chapter 3.25 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 as provided in Chapter 3.24 of the
Municipal Code, and minimize the negative secondary effects of
such use on surrounding residential neighborhoods.
(a) Unpermitted additional bedrooms resulting from the
conversion of non -bedroom space to bedrooms in existing
single family dwellings or other residences will frustrate
both purposes of the Short -Term Vacation Rental
Regulations:
(1) Such unpermitted additional bedrooms likely will
result in additional renters (or "transients") that are
subject to collection and payment of transient
occupancy taxes as provided in Chapter 3.24 without
the City having the necessary records to ensure
collection and payment of those taxes; and
(ii) Such unpermitted additional bedrooms, without
review by the City and/or without conditions
attached to their use, likely will have negative
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 4 of 13
secondary effects on the surrounding residential
neighborhoods by, among other impacts: (1)
Increased or excessive noise, (2) The potential
generation of large numbers of people and vehicles
in residential neighborhoods, (3) The potential
impact on the City's infrastructure resulting from
additional inhabitants in a single family dwelling or
residence, and (4) The potential impact on the
tourism -related facilities (such as hotels and resorts)
in the City.
(b) The Short -Term Vacation Rental Regulations, in Section
3.25.070 of the Municipal Code, specifically regulate the
number of occupants allowed to occupy any given short-
term vacation rental property based on the number of
bedrooms in the property. Any unpermitted additional
bedrooms, without review by the City and/or without
conditions attached to their use, would frustrate this
section of the Short -Term Vacation Rental Regulations.
(c) Time to study and evaluate the applicability of and possible
amendments to the Short -Term Vacation Rental
Regulations to applications for additional bedrooms
resulting from the conversion of non -bedroom spaces and
areas to bedrooms is required so as to ensure the purposes
of the Short -Term Vacation Rental Regulations are fulfilled
and the requirements of these regulations are complied
with by property owners.
(3) Violations of Title 9 of the Municipal Code [the City's Zoning Code'.
Among other requirements, the Zoning Code imposes occupancy
limits based upon uses of property. Additional bedrooms resulting
from the conversion of non -bedroom spaces and areas to
bedrooms in existing single family dwellings or other residences
conflicts with City's recognition of the need for and demonstrated
intent to specifically regulate residential zones.
(a) The Zoning Code expressly recognizes the need for
regulations relating to dwellings and residences with high -
numbers of bedrooms. Section 9.60.270 of the Municipal
Code regulates "bed and breakfast" uses. This section
applies to "a residential dwelling occupied by a resident,
person, or family, containing individual living quarters
occupied for a transient basis for compensation" and, in
adopting this section, the City specifically found that "bed
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 5of13
and breakfast facilities constitute small commercial lodging
facilities in residential districts" which require special
regulations that are not normally covered by standards for
motels and hotels.
(i) Among other provisions, Section 9.60.270 imposes
occupancy limits requiring operation by a person
owning the dwelling and residing therein as their
principal place of residence and a maximum
accommodation of eight guests in four rooms, as
well as development standards concerning the
placement and condition of rooms and specific
required finings that:
1) The property is physically suitable for use as a
bed and breakfast facility; and
2) The use of the property as a bed and breakfast
will not cause an undue burden on adjacent
and nearby property owners.
(ii) Additional bedrooms resulting from the conversion
of non -bedroom space to bedrooms in single family
dwellings or other residences may constitute a use
that is similar to or the same as "small commercial
lodging facilities in residential districts" for bed and
breakfast uses.
(iii) Time to study and evaluate the applicability of bed
and breakfast regulations (and other Zoning Code
regulations) to the conversion of non -bedroom
spaces and areas to bedrooms is required, so as to
ensure the adding of bedrooms is addressed in the
Zoning Code and does not otherwise conflict with
prohibitions in the Zoning Code.
(b) The Zoning Code expressly recognizes and regulates
ancillary business uses in single family dwellings and other
residences. Section 9.60.110 of the Municipal Code
regulates "home occupation" (or home business) uses. This
section applies to "an occupation or activity conducted as
an accessory use within a dwelling unit incidental to the
residential use of the property," and, in adopting this
section, the City specifically intended to ensure that such
"incidental and accessory uses may be established in
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 6 of 13
residential neighborhoods under conditions that will ensure
their compatibility with the neighborhood."
(i) Among other provisions, Section 9.60.110 requires:
1) An incidental and accessory use that shall not
change the principal character or use of the
dwelling unit involved;
2) Only residents of the dwelling unit may be
engaged in the home occupation; and
3) A home occupation shall not occupy more
than twenty-five percent of the combined
floor area of the house and garage.
(ii) Additional bedrooms resulting from the conversion
of non -bedroom space to bedrooms in single family
dwellings or other residences may be intended by an
owner to be for a business use either identical to or
substantially similar to "an incidental and accessory
use" which requires special review and approval to
ensure their compatibility with the neighborhood.
(iii) Unpermitted additional bedrooms, without review by
the City and/or without conditions attached to their
use, likely could change the principal character or
use of the dwelling unit by, among other impacts: (1)
Increased or excessive noise, (2) The potential
generation of large numbers of people and vehicles
in residential neighborhoods, (3) The potential
impact on the City's infrastructure resulting from
additional inhabitants in a single family dwelling or
residence, and (4) The potential impact on the
tourism -related facilities (such as hotels and resorts)
in the City.
(iv) Time to study and evaluate the applicability of home
occupation/home business regulations (and other
Zoning Code regulations) to the conversion of non -
bedroom spaces and areas to bedrooms is required,
so as to ensure the adding of bedrooms is addressed
in the Zoning Code and does not otherwise conflict
with prohibitions in the Zoning Code.
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 7 of 13
(4) Violations of the General Plan and Specifically the Housing
Element. Additional bedrooms resulting from the conversion of
non -bedroom spaces and areas to bedrooms in existing single
family dwellings or other residences threatens to frustrate the
City's goals and policies as articulated in the General Plan and its
Housing Element due to the potential unintended influx in rental
housing and occupancy of those single family dwellings or other
residences in excess of that contemplated by the General Plan and
its Housing Element, producing unplanned impacts on residential
neighborhoods.
(a) Additional bedrooms resulting from the conversion of non -
bedroom spaces and areas to bedrooms in existing single
family dwellings or other residences produces an
unplanned impact on the community that has the potential
to frustrate the City's "Housing Vision Statement" as
articulated in the Housing Element. (Page II -206 of the
Housing Element.)
(i) The Housing Vision Statement places emphasis on
"maintaining and enhancing the City's high quality of
life for its residents, . . . the maintenance and
improvement of its existing housing, . . . [and]
preserving the overall character of the City." (Page
II -206 of the Housing Element.)
(ii) In pursuit of that vision, the Housing Element
repeatedly stresses the importance of maintaining
consistency of housing density as provided for in the
General Plan and Zoning Code, discussing in depth
the City's detailed residential zoning, which is
predicated on housing density levels. (See Sections
9.30.020 [RVL Very Low Density Residential District],
9.30.030 [RL Low Density Residential District],
9.30.040 [RC Cove Residential District], 9.30.050 [RM
Medium Density Residential District], 9.30.060 [RMH
Medium High Density Residential District], and
9.30.070 [RH High Density Residential District] of the
Municipal Code.)
(iii) As recognized in the Housing Element, the most
common housing -related problem in the City is
illegal room additions/garage conversions, and the
Housing Code mandates that health and safety
deficiencies be corrected in accordance with
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 8 of 13
construction standards that were in effect at the
time the structure was built. (See page II -287 of the
Housing Element.)
(iv) The City's comprehensive zoning and planning
evidences the City's thoughtful consideration of
population density in its residential neighborhoods.
(See pages II -258-259 of the Housing Element).
Adding bedrooms resulting from the conversion of
non -bedroom spaces and areas to bedrooms in
existing single family dwellings or other residences
threatens that careful planning by introducing a
potential unintended influx of rental housing and
occupancy in excess of that contemplated by the
density planning set forth in the Zoning Code and
Housing Element.
(b) Adding bedrooms resulting from the conversion of non -
bedroom spaces and areas to bedrooms in existing single
family dwellings or other residences produces an
unplanned impact on the community that has the potential
to frustrate the goals and objectives set forth in other
elements of the Genera Plan.
(i) The Land Use Element articulates the City's land use
goals and policies, including:
1) Preserving safe and identifiable
neighborhoods that provide a sense of place
by encouraging the preservation of
neighborhood character and assure a
consistent and compatible land use pattern.
(See, GOAL LU -3, Policy LU -3.1 in the Land Use
Element of the General Plan.)
2) Maintenance and protection of existing
neighborhoods. (See, GOAL LU -4 in the Land
Use Element of the General Plan.)
(ii) The Circulation Element takes into account existing
and long term regional traffic and transportation
infrastructure needs in order to assure the City
maintains a transportation network that efficiently,
safely and economically moves people, vehicles, and
goods using facilities that meet the current demands
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 9 of 13
and projected needs of the City. (See, GOAL CIR-1 of
the Circulation Element of the General Plan.)
(iii) The Sustainable Community Element articulates the
City's goals and policies concerning its efforts at
creating a community that provides the best possible
quality of life for all its residents and which
specifically includes resource efficient development
principles. (See, GOAL SC -1 of the Sustainable
Community Element of the General Plan.)
(c) Overall, the goals and policies set forth in the General Plan
evidence the City's intent to establish building standards
and housing policies that preserve the character of its
residential neighborhoods, maintain safe, efficient, and
economic transportation, and promote a sustainable
community. Adding bedrooms that result from the
conversion of non -bedroom spaces and areas to bedrooms
in existing single family dwellings or other residences, and
the potential impacts resulting from such conversion
(including potential influx of rental housing and occupancy
in excess of contemplated density designations), threatens
each of these goals.
B. The City Council finds and determines, for the reasons set forth in this
ordinance, that the continued approval or issuance of any City -issued land use
entitlement, including subdivisions, use permits, variances, building permits, or any
other applicable entitlement, for conversions of non -bedroom spaces and areas to
bedrooms in existing single family dwellings or other residences would result in a
threat to public health, safety, or welfare.
C. The City Council finds and determines that any new or the continued
approval of applications for additional bedrooms that result from the conversion of
non -bedroom spaces and areas to bedrooms in existing single family dwellings or
other residences would have specific, adverse impacts upon the public health or safety
for the reasons identified in SECTION 1(A)(1), (2), (3), and (4) of this ordinance.
D. The City Council finds and determines that this ordinance is necessary to
mitigate or avoid the specific, adverse impacts identified in SECTION 1(A)(1), (2), (3),
and (4) of this ordinance.
E. There is no feasible alternative to satisfactorily mitigate or avoid the
specific, adverse impacts identified in SECTION 1(A)(1), (2), (3), and (4) of this
ordinance, as well or better, with a less burdensome or restrictive effect, than the
adoption of this ordinance.
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 10 of 13
F. The City Council finds and determines, for the reasons set forth in this
ordinance, that the adoption of this ordinance is exempt from the California
Environmental Quality Act under State CEQA Guidelines Section 15060(c)(2), in that
the adoption of this Urgency Interim Ordinance will not result in a direct or reasonably
foreseeable indirect physical change in the environment, and is further and
independently exempt from the California Environmental Quality Act under State
CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no
possibility the adoption of this ordinance will have a significant effect on the
environment.
SECTION 2: Imposition of Moratorium. Based on the findings described above, the
City Council hereby adopts the following moratorium and implementing provisions:
A. From the date of the adoption of this ordinance, extending the 45 -day
moratorium enacted under Ordinance No. 566, pursuant to Government Code Section
65858, and for an extension period of one hundred twenty (120) days from its
adoption, no approvals may be made by the City, its officers, or its employees for any
incomplete or new applications for any City -issued land use entitlement, including
subdivisions, use permits, variances, building permits, or any other applicable
entitlement, for additional bedrooms that result from the conversion of non -bedroom
spaces and areas to bedrooms in existing single family dwellings or other residences
within the following zones in the City: RVL Very Low Density Residential District; RL
Low Density Residential District; RM Medium Density Residential District; RC Cove
Residential District; RMH Medium High Density Residential District.
B. During the effective dates of this ordinance, the issuance of any new
land use entitlement, including subdivisions, use permits, variances, building permits,
or any other applicable entitlement, in violation of SECTION 2(A) of this ordinance, is
hereby prohibited and shall be null and void.
C. Notwithstanding any provision of the Municipal Code to the contrary, no
new land use entitlement, including subdivisions, use permits, variances, building
permits, or any other applicable entitlement, for room additions from conversions of
non -bedroom space to bedrooms in existing single family dwellings or other
residences shall be approved or issued in violation of SECTION 2(A) of this ordinance
during the pendency of this ordinance or any extension thereof.
D. Nothing in this ordinance does or may be construed as authorizing, in
any zone not identified in SECTION 2(A), an approval of a City -issued land use
entitlement (including subdivisions, use permits, variances, building permits, or any
other applicable entitlement) for additional bedrooms that result from the conversion
of non -bedroom spaces and areas to bedrooms, if any such zone not identified in
SECTION 2(A) does not permit, or only permits with conditions, residential habitation.
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 11 of 13
E. The extension of the moratorium in this ordinance may be extended in
accordance with Government Code Section 65858.
SECTION 3: Study and Report. City staff is hereby authorized and directed to
conduct a study of the areas in the City, and specifically residential neighborhoods,
that have or may have, either currently or likely to in the future, additional bedrooms
resulting from applications for the conversion of non -bedroom spaces and areas to
bedrooms in existing single family dwellings or other residences. The study shall
address impacts and effects on the character of those areas of the city, especially the
residential neighborhoods in which additional bedrooms would result from the
conversion of non -bedroom spaces and areas to bedrooms. The study may address
any other issues within the scope of the purpose for the moratorium imposed by this
ordinance. The study may recommend amendments to the General Plan, its Housing
Element, and/or any provisions in the Municipal Code, including the Zoning Code (Title
9), Building and Construction Code (Title 8), and Short -Term Vacation Rental
Regulations (Chapter 3.25). The study prepared by City staff shall be reviewed and
considered by the City Council as part of the written report that the City Council must
issue ten days prior to the expiration of this ordinance or any extension hereof,
pursuant to Government Code Section 65858.
SECTION 4: Authority. This Ordinance is declared to be an urgency ordinance by
authority conferred on the City Council of the City of La Quinta pursuant to the La
Quinta City Charter and Government Code Section 65858.
SECTION 5: Adoption. This ordinance is adopted by a four-fifths vote of the City
Council pursuant to the authority granted by the California Constitution and state law,
in addition to the La Quinta City Charter.
SECTION 6: 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 or existing
provisions in the La Quinta Municipal Code. 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, irrespective of the fact that
any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or
portions thereof be declared unconstitutional.
SECTION 7: Effective Date. This ordinance shall be in full force and effect
immediately upon its adoption pursuant to Government Code Section 65858. For the
term of this ordinance, or any extension thereof, the provisions of this ordinance shall
govern over any conflicting provisions of any other City ordinance, resolution, or policy.
SECTION 8: Posting. The City Clerk shall certify the passage and adoption of this
ordinance and publish or post the same as required by law.
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 12 of 13
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this 20th day of February, 2018 by the following vote:
AYES: Councilmembers Fitzpatrick, Pena, Radi, Sanchez, Mayor Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SUSAN MAYSELS, City erk
City of La Quinta, California
(CITY SEAL)
APPROVED AS TO FORM:
r
(1(LLA, G f/
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
LINDA EVANS, Mayor
City of La Quinta, California
Ordinance No. 569
Residential Non -bedroom Conversions Moratorium Extension
Adopted: February 20, 2018 - URGENCY ORDINANCE
Page 13 of 13
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
)
) ss.
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. 569 which was
introduced, passed and adopted as an Urgency Ordinance pursuant to California
Government Code Section 65858 at a regular meeting on the 20th day of February
2018.
SUSAN MAYSELS, City Perk
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 February 2 3 , 2018 pursuant to Council
Resolution.
SUSAN MAYSELS, City lerk
City of La Quinta, California