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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'