ORD 501ORDINANCE NO. 501
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA, CALIFORNIA, AMENDING PORTIONS OF
CHAPTER 3.24 "TRANSIENT OCCUPANCY TAX;" AND
ADDING CHAPTER 3.25 "SHORT-TERM VACATION
RENTALS" TO TITLE 3 "REVENUE AND FINANCE" OF
THE LA QUINTA MUNICIPAL CODE
WHEREAS, the City of La Quinta ("City") has the authority under Article 11,
Section 5 of the California Constitution and the City Charter to make and enforce
all ordinances and regulations with respect to municipal affairs; and
WHEREAS, the City has the authority to regulate businesses operating within
the City; and
WHEREAS, short-term vacation rentals of private residences within the City
are subject to the City's transient occupancy tax; and
WHEREAS, the City has a substantial interest in insuring that all required
transient occupancy tax required to be collected and remitted is in fact collected
and remitted on a fair and equitable basis as this tax is an integral part of the City's
budget. Renters of private homes utilize the City's infrastructure and services and
the failure to collect the required taxes from such renters unfairly shifts the burden
of their use to the tax payers of City. The proposed regulations have been
narrowly tailors to only address the issues of most concern and to provide a
mechanism to insure that taxes are collected and remitted on a uniform basis; and
WHEREAS, the City desires and intends to amend the La Quinta Municipal
Code to ensure compliance with the City's transient occupancy tax to promote
accurate collection; and
WHEREAS, at said public hearing, said City Council heard and considered all
testimony and arguments of all interested persons; and
WHEREAS, the City Council of the City of La Quinta, California did on the
181h day of September, 2012, hold a duly noticed Public Hearing and considered
the evidence, written and oral, presented at the hearing.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows: -
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 2
SECTION 1. The above recitals are true and correct and are adopted as the
findings of the City Council.
SECTION 2. Title 3 Revenue and Finance of the La Quinta Municipal Code, is
amended as identified on Exhibits "A", "B", and "C", attached hereto and
incorporated herein by this reference.
SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty
(30) days after its adoption.
SECTION 4. POSTING: 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.
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta
City Council held this 16" day of October 2012, by the following vote:
AYES: Councilmembers Evans, Franklin, Henderson, Osborne, Mayor Adolph
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
SUSAN MAY_SELS, City Jerk
City of La Quirita, California
(CITY SEAL)
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DON ADOL May
City of La uinta, California
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 3
APPROVED AS TO FORM:
, City Attorney
City of La Quinta,
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 4
EXHIBIT A
Chapter 3.24 Transient Occupancy Tax
Section 3.24.020 Definitions
"Hotel" means any structure, or any portion of any structure, which is
occupied or intended or designed for use or,occupancy by transients, including
but not limited to dwelling, lodging or sleeping purposes, and includes any
hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging
house, rooming house, apartment house, time-share project or facility,
dormitory, public or private club, rental space for recreation vehicles, mobile
home or house trailer at a fixed location, or other similar structure or portion
thereof, duplex, triplex, single-family dwelling units, including a "short-term
vacation rental unit as defined in Chapter 3.25", except any private dwelling
house or other individually owned single-family dwelling house unit rented only
occasionally (infrequently) and incidentally to the normal occupancy by the
owner or his family; provided, that the burden of establishing that the housing
or facility is a hotel as defined in this subsection shall be upon the owner or
operator thereof who shall file with the tax administrator such information as
the tax administrator may require, to establish and maintain such status.
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 5
EXHIBIT B
3.24.060 Registration
A. Except for short-term vacation rental units as defined in Chapter 3.25
and noted under item C below, every person desiring to engage in or conduct
business as operator of a hotel renting to transients within the city shall file
with the tax administrator an application for a transient occupancy registration
permit for each place of business. Every application for such a permit shall be
made upon a form prescribed by the tax administrator and shall set forth the
name under which the applicant transacts or intends to transact business, the
location of his place of business and such other information as the tax
administrator may require. The application shall be signed by the owner if a
natural person, by a member or partner, if an association or partnership, by an
executive officer or some person specifically authorized by the corporation to
sign the application in the case of a corporation. The transient occupancy
registration permit must be in effect at all times while the business is in
operation and shall be at all times posted in a conspicuous place on the
premises. The permit shall, among other things, state the following:
1. Name of hotel;
2. Name of operator;
3. Hotel address;
4. The date upon which the permit was issued;
5. "This Transient Occupancy Registration Permit signifies that the
person named on the face hereof has fulfilled the requirements of the
Transient Occupancy Tax Chapter by registering with the Tax
Administrator for the purpose of collecting from transients the Transient
Occupancy Tax and remitting said tax to the Tax Administrator. This
Permit does not authorize any person to conduct any unlawful business in
any unlawful manner, nor operate a hotel without strictly complying with
all applicable laws, including but not limited to those requiring a permit
from any board, commission, department or office of this City. This
Permit does not apply in lieu of such other permits which are otherwise
required."
B. At the time of making an application for a registration permit, the
applicant shall pay a registration fee of five dollars for each permit issued.
C. Transient Occupancy Tax Registration Permits issued for the operation
of short-term vacation rentals prior to the date of this ordinance shall remain in
effect until December 31, 2013. The registration of short-term vacation rentals
shall be conducted in accordance with the provisions as set forth in Chapter
3.25.
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 6
EXHIBIT C
Chapter 3.25
SHORT-TERM VACATION RENTALS
3.25.010 Title. This chapter shall be referred to as the "Short -Term Vacation
Rental Regulations."
3.25.020 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 as provided in Chapter
3.24, 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:
"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 responsible for compliance with this chapter with respect to
the short-term vacation rental.
"City manager" means that person acting in the capacity of the city manager
of the city of La Quinta or designee.
"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 the La Quinta Municipal Code and other applicable
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 7
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 for the purpose of: (1) responding within forty-
five minutes to complaints regarding the condition, operation, or conduct of
occupants of the short-term vacation rental unit; and (2) taking remedial action to
resolve any such complaints.
"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.
"Responsible person" means an occupant of a short-term vacation rental unit
who is at least eighteen 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.
"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
of Chapter 3.24 and Section 3.28.020 of Chapter 3.28.
"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 consecutive calendar days or less, counting
portions of calendar days as full days; except any private dwelling house or other
individually owned single-family dwelling house unit rented only once in a calendar
year.
"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.
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2O12
Page 8
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 the availability of a short-term vacation rental unit.
B. A short-term vacation rental permit shall be required to be renewed on an
annual basis in order to remain valid.
3.25.060 Short-term vacation rental permit —Application.
A. The owner or the owner's authorized agent or representative must submit
the following information on a short-term vacation rental permit application form
provided by the city:
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. Contact name and phone number of the homeowner's association, if
applicable;
6. The number of bedrooms and the applicable overnight and daytime
occupancy limit of the proposed short-term vacation rental unit;
7. Acknowledgement of receipt and inspection of a copy of the good
neighbor brochure;
S. 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 of $25.
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 9
C. A short-term vacation rental permit application may be denied if the applicant
has had a prior short-term vacation rental permit for the same unit revoked within
the past twelve calendar months.
D. Within fourteen 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 rentals prior to the effective date of this ordinance shall remain in
effect until December 31, 2013. All short-term vacation rentals shall be registered
annually thereafter in accordance with Section 3.25.050.
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 number of occupants allowed to occupy any given short-term vacation
rental unit shall be limited as follows:
Total Daytime**
Number of
Total of Overnight*
Occupants
(Including Number
Bedrooms
Occupants
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
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October, 16, 2012
Page 10
,r 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 for the
purpose of responding within forty-five 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 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. 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 one p.m.
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
(3) 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 of the Municipal 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 noise or disturbances, engaged in disorderly
conduct, or committed violations of any applicable law, rule or regulation pertaining
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 11
to the use and occupancy of the subject short-term vacation unit, promptly respond
in a timely and appropriate manner 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 in a timely and appropriate manner 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) of the Municipal Code.
J. No sign, as that term is defined in Section 9.160.130 of Chapter 9.160
(Signs), shall be posted on the premises to advertise the availability of the short-
term vacation rental unit. Off -site directional signs are prohibited.
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 of Chapter 9.60.
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
of the Municipal Code concerning transient occupancy taxes, including, but not
limited to, submission of a monthly return in accordance with Section 3.24.070 of
Chapter 3.24 of the Municipal Code, which shall be filed monthly even if the short-
term vacation rental unit was not rented during each such month.
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 12
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.
O. 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
appearing in any newspaper, magazine, brochure, television trade paper, Internet
website, etc., that promotes the availability or existence of a short-term vacation
rental unit in a place or location deemed acceptable by the city manager or
designee. 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.
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) of Chapter 3.24
(Transient Occupancy Tax) of the Municipal Code.
3.25.090 Violations.
A. Additional Conditions. A violation of any provision of this chapter by any of
the occupants, responsible party, owner(s) or the 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.
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 13
B. Permit Modification, Suspension and Revocation. A violation of any
provision of this chapter by any of the occupants, responsible party, owner(s) or
the 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 2.04.100 (Appeals to Council) of Chapter 2.04.
C. Notice of Violation. The City may issue a notice of violation to any occupant,
responsible party, owner(s) or the owner's authorized agent or representative,
pursuant to 1.01.300 (Notices —Service) of the Municipal Code, if there is any
violation of this chapter committed, caused or maintained by the any of the above
parties.
D. Administration Citation. The City may issue an administrative citation to any
occupant, responsible party, owner(s) or the owner's authorized agent or
representative, pursuant to Chapter 1.09 (Administrative Citation) of the Municipal
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.
E. Misdemeanor Citation. The city may issue a misdemeanor citation to any
occupant, responsible party, owner(s) or the 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. 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) of Chapter 1.01 (Code
Adopted).
Ordinance No. 501
Amend/Add to Municipal Code Chapters 3.24 and 3.25
Short-term Vacation Rental
Adopted: October 16, 2012
Page 14
STATE OF CALIFORNIA 1
COUNTY OF RIVERSIDE ► ss.
CITY OF LA QUINTA 1
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. 501
which was introduced at a regular meeting on the 2nd day of October, 2012, and
was adopted at a regular meeting held on the 16`h day of October, 2012, 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 City Council Resolution No. 2006-1 15.
SUSAN MAYSELS, City Jerk
City of La Quinta, California
r �
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 October, 2012 pursuant to
Council Resolution.
SUSAN MAYSELS, Cit Clerk
City of La Quinta, California