LQ Executive Order No. 10 2020-08-04 - STVR 90-Day Moratorium
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
EXECUTIVE ORDER NO. 10
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
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,
duplex, or any portion of such dwellings, rented for occupancy
for dwelling, lodging, or sleeping purposes for a period of
OFFICE OF THE CITY MANAGER
TEL (760) 777-7100
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
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 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 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.
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
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
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
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
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
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: 2020.08.05 07:16:04 -07'00'