LQ Executive Order No. 09 Amended 2 2021-03-23 - STVR Restrictions
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
EXECUTIVE ORDER NO. 9
AS AMENDED by this SECOND AMENDMENT
ORDER GOVERNING USE AND OCCUPATION OF
SHORT-TERM VACATION RENTAL UNITS
IN THE CITY OF LA QUINTA
EFFECTIVE 12:00 P.M. MARCH 23, 2021
Original Date of Executive Order: July 14, 2020
Date AS AMENDED: January 28, 2021
Date of SECOND AMENDMENT: March 22, 2021
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 any “short-term vacation rental unit,” as
defined in La Quinta Municipal Code Section 3.25.030, which is
defined 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 thirty consecutive calendar
days or less, counting portions of calendar days as full days.”
All short-term vacation rental units must comply with all
applicable provisions of the La Quinta Municipal Code (LQMC),
including but not limited to Chapters 3.24, 3.25, and the
permitting and operations requirements therein.
2. Commencing on the effective date, and for the duration of the
effectiveness of this order, all short-term vacation rental units
in the City of La Quinta shall be subject to the following:
OFFICE OF THE CITY MANAGER
TEL (760) 777-7100
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
(a) Two-Strikes Policy. Notwithstanding provisions in LQMC
Section 3.25.090, Subsection (D), to the contrary, two
(2) violations of any provision of Chapter 3.25 or the
LQMC within one year by any applicant, occupant,
responsible person, local contact person, owner, or
owner’s authorized agent or representative (as those
terms are defined in LQMC Section 3.25.030), with
respect to any one residential dwelling will result in an
immediate, minimum 30-day suspension of the short-
term vacation rental permit. Ability to have a hearing
before the city to request a lifting of the suspension shall
be governed by this order notwithstanding any
administrative appeals process available in the LQMC.
(b) Immediate 30-Day Suspension for Non-Responsiveness.
Failure of the owner, the owner’s authorized agent or
representative and/or the owner’s designated local
contact person (as those terms are defined in LQMC
Section 3.25.030) to respond to calls or complaints
regarding the condition, operation, or conduct of
occupants and/or guests of the short-term vacation
rental unit within thirty (30) minutes, as required by
LQMC Section 3.25.070, Subsection (G), may be subject
to an immediate 30-day suspension of the short-term
vacation rental permit. Ability to have a hearing before
the city to request a lifting of the suspension shall be
governed by this order notwithstanding any
administrative appeals process available in the LQMC.
(c) No Sound Amplification Allowed At Any Time For Persons
Renting A Short-Term Vacation Rental Unit; Non-
Applicability For Owner’s Use Of Their Own Short-Term
Vacation Rental Unit. Notwithstanding provisions in
LQMC Section 3.25.070, Subsection (E), to the contrary,
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 may be used
outside, or be audible from the outside of, a short-term
vacation rental unit at any time when the short-term
vacation rental unit is being used or rented by persons
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
who are not the owners, or the owners’ non-paying
guests while the owners are using the short-term
vacation unit. Additionally, short-term vacation rental
units participating in the City of La Quinta’s “Pilot
Program” for monitoring noise and noise reduction are
not subject to this paragraph, but shall be subject to any
and all noise regulations in the La Quinta Municipal Code
that otherwise apply to residential and/or short-term
vacation rental uses.
(d) Noise Limit. No person at a short-term vacation rental
unit (whether inside or outside the unit) shall willfully
make any unreasonably loud noise to the extent that it
disturbs the peace and quiet of any neighborhood or
imposes upon the privacy and rights of others nearby the
short-term vacation rental unit. “Unreasonably loud
noise” shall be determined by a city official visiting the
short-term vacation rental unit and using the standards
set forth in LQMC Section 11.08.040. The noise limits in
this paragraph are in addition to any other noise
requirements set forth in the LQMC, including LQMC
Section 3.25.070, Subsection (E), as modified by this
order.
(e) Administrative Appeals Process for Immediate Permit
Suspensions. Upon issuance of a Notice of Violation for
an immediate suspension of a short-term vacation rental
permit issued pursuant to this order, the suspension shall
take effect after the occupant using the unit at the time
of the violation vacates the short-term vacation rental
unit, unless a suspension must take effect prior to the
occupant’s vacating the unit to protect the public health
or welfare (which includes the protection of persons or
property from death, injury, harm, or damage). A person
aggrieved by the Notice of Violation may appeal the
decision to the City Manager pursuant to LQMC
Section 2.08.190. Any appeal shall be noticed and heard
pursuant to LQMC Section 2.08.210, and a failure to
appeal shall be subject to LQMC Section 2.08.220.
Notwithstanding any provisions in Section 2.08.230 or
otherwise in the LQMC, the decision by the City Manager
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
of an appeal shall be the final decision by the City of La
Quinta for any suspension of a short-term vacation rental
permit issued under this order.
(f) Administrative Appeals for Citations Imposing Fines. Any
administrative citation imposing a fine pursuant to this
order shall be issued and subject to an administrative
appeal pursuant to LQMC Chapter 1.09.
3. This order applies to any and all short-term vacation rental
units in the City of La Quinta, regardless of whether they are
occupied by persons paying rent or not.
4. All short-term vacation rental units in the City of La Quinta
shall operate, be used, and occupied as authorized by, and
consistent with, the current DPH “Blueprint for a Safer
Economy” and the requirements of the California Department
of Public Health (DPH) set forth and available at the following
(and any other applicable) Web sites, as may be updated from
time to time:
https://covid19.ca.gov/industry-guidance/;
https://files.covid19.ca.gov/pdf/guidance-hotels-lodging-
rentals--en.pdf;
https://covid19.ca.gov/stay-home-except-for-essential-
needs/#top;
https://covid19.ca.gov/safer-economy/.
5. 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
Chapters 3.24, 3.25, or any other provisions in the La Quinta
Municipal Code.
6. 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 DPH
Travel Advisory (updated January 6,2021), the current DPH
“Blueprint for a Safer Economy” and other DPH orders and
guidelines, such as:
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-
19/Travel-Advisory.aspx;
https://covid19.ca.gov/travel/#questions-and-answers;
https://covid19.ca.gov/safer-economy/;
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-
19/COVID19CountyMonitoringOverview.aspx; and
https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/Guidanc
e.aspx.
As set forth in Questions And Answers regarding the DPH
Travel Advisory and travel restrictions in California, “To
prevent further spread of COVID-19 and help contain any new
sources of infection, Californians should stay within 120 miles
from their home or other place of residence, unless they are
traveling for essential purposes. Essential travel includes:
work and study, critical infrastructure support, economic
services and supply chains, health, immediate medical care,
and safety and security.” Also as set forth in Questions And
Answers regarding the DPH Trave Advisory and travel
restrictions in California, “Traveling into California from other
states or countries for tourism or recreation is also strongly
discouraged, and anyone traveling into California should self-
quarantine for 10 days, unless quarantining is impracticable
and the travel is for the sole purpose of meeting critical
healthcare needs or other emergency response.”
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/, 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.
7. The Assistant to the City Manager is hereby directed to
coordinate, deploy, and monitor compliance by short-term
vacation rental units subject to this order with notices to the
public and any other reasonable means necessary or
appropriate.
78-495 CALLE TAMPICO, LA QUINTA, CA 92253
8. 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
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