ORD 607 STVR Chapter 3.25 Amendments & AdditionsORDINANCE NO. 607
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADDING SECTIONS AND
AMENDING SECTIONS OF CHAPTER 3.25 OF THE LA
QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM
VACATION RENTALS
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to
short-term vacation rentals, including permitted uses, short-term vacation rental process
and permitting procedures, requirements, violations, fines, etc.; and
WHEREAS, the City has the authority to regulate residential uses, including short-
term vacation rental uses, operating within the City; and
WHEREAS, the proposed additions and amendments to Chapter 3.25 are
intended to:
1. Add definitions for newly added regulations;
2. Add language under Section 3.25.050, Subsection (B), to clarify that transfers of
properties to trusts or entities whose beneficiaries and/or membership are the same
as the original owners of the property or transfers to heirs do not constitute a change
of ownership and shall not result in the cancellation of an existing short-term vacation
rental permit;
3. Add the Estates at Griffin Lake Specific Plan, which governs the Mery Griffin Estate
property, to the list of allowable exemptions under Section 3.25.055, Subsection
(A)(4);
4. Add a provision to exempt Homeshare short-term vacation rental permits from the
ban on the issuance of new short-term vacation rental permits under Section
3.25.055, Subsection (C);
5. Add Subsection (E) under Section 3.25.055, adding a provision requiring future
revisions to Section 3.25.055 to be adopted by no less than four-fifths (4/5) majority
vote of the City Council;
6. Add Section 3.25.057 to establish an exemption for large lots from the ban on the
issuance of new short-term vacation rental permits under Section 3.25.055, as well
as related regulations and requirements;
7. Add Subsection (H) to Section 3.25.070 to reiterate that Homeshare STVR permits
require the owner(s) to occupy the dwelling during the transient stay; and shall
comply with all requirements of Chapter 3.25, or any other applicable federal, state,
Ordinance No. 607
Chapter 3.25 Short -Term Vacation Rentals — Additions and Amendments
Adopted: December 5, 2023
Page 2 of 4
or local laws or codes, including being available or having a designated person
available 24/7 to respond to the location within 30 minutes to address or resolve
complaints regarding the condition, operation, or conduct of occupants of the STVR
unit or their guests;
8. Add language to Section 3.25.070, Subsection (N), to clarify that if a hosting platform
provides a designated field to list the short-term vacation rental permit number and
the number of approved bedrooms, this satisfies the City's permitting requirements
for owners of short-term vacation rentals that advertise their short-term vacation
rental units;
9. Add Subsections (E)(4) and (E)(5) to Section 3.25.090 to establish fines specific for
advertising without a short-term vacation rental permit; and
10. Miscellaneous minor modifications throughout Chapter 3.25 to align the language
with existing processes and/or to ensure language clarity and consistency.
NOW, THEREFORE, the City Council of the City of La Quinta does ordain as
follows:
SECTION 1. Chapter 3.25 shall be amended as written in "Exhibit A" attached
hereto and incorporated herein by this reference.
SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect
thirty (30) days after its adoption.
SECTION 3. 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 permanent record of Ordinances of the City of La Quinta.
SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant
the City Clerk the ability to make minor amendments and corrections of typographical or
clerical errors to "Exhibit A" to ensure consistency of all approved text amendments prior
to the publication in the La Quinta Municipal Code.
SECTION 5. 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. 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 section, subsections, subdivisions, sentences, clauses,
phrases, or portions thereof be declared unconstitutional.
Ordinance No 607
Chapter 3.25 Short -Term Vacation Rentals — Additions and Amendments
Adopted: December 5, 2023
Page 3 of 4
PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City
Council held this December 5, 2023, by the following vote:
AYES: Councilmembers Fitzpatrick, McGarrey, Pena, Sanchez, and Mayor
Evans
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
MONIKA RAD VA, Clt Clerk
City of La Quinta, California
APPROVED AS TO FORM:
67eii.Z/_4
WILLIAM H. IHR , City Attorney
City of La Quinta, California
LI DA EVANS, Mayor
City of La Quinta, California
Ordinance No. 607
Chapter 3.25 Short -Term Vacation Rentals — Additions and Amendments
Adopted: December 5, 2023
Page 4 of 4
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, MONIKA RADEVA, 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. 607 which was introduced
at a regular meeting on the 7th day of November, 2023, and was adopted at a regular
meeting held on the 5th day of December, 2023, 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 the Rules of Procedure adopted by City Council Resolution No.
2022-027.
MONIKA RAIDEVA, (Mty Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that
the foregoing ordinance was posted on December 6, 2023, pursuant to Council
Resolution.
MONIKA qAD City Clerk
City of La Quint , California
ORDINANCE NO. 607 - EXHIBIT A
Title 3 - REVENUE AND FINANCE Adopted: December 5, 2023
Chapter 3.25 SHORT-TERM VACATION RENTALS
Chapter 3.25 SHORT-TERM VACATION RENTALS
3.25.010 Title.
This chapter shall be referred to as the "Short -Term Vacation Rental Regulations."
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord.
501§2,2012)
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 (TOT) as
provided in Chapter 3.24 of this code, 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.
C. The requirements of this chapter shall be presumed to apply to any residential dwelling that has received a
short-term vacation rental permit. A rebuttable presumption arises that, whenever there is an occupant(s),
paying rent or not, of a residential dwelling that has received a short-term vacation rental permit, the
requirements of this chapter shall apply, including but not limited to any suspension or other modifications
imposed on a short-term vacation rental permit as set forth in this chapter. The city manager or authorized
designee shall have the authority to implement any necessary or appropriate policies and procedures to
apply the rebuttable presumption set forth in this section.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord.
501§2,2012)
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:
"Advertise, ""advertisement, ""advertising, ""publish, " and "publication" mean any and all means, whether verbal or
written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the
ordinance adding this definition, used for conveying to any member or members of the public the ability or
availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any
member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in
this section. For purposes of this definition, the following media are listed as examples, which are not and shall not
be construed as exhaustive: verbal or written announcements by proclamation or outcry, newspaper
advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard
display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites,
and any and all other electronic media, television, radio, satellite -based, or Internet website.
"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.
La Quinta, California, Municipal Code
(Supp. No. 3, Update 3)
Page 1 of 19
Created: 2023-01-29 19:14:29 [EST]
"Applicant" means the owner of the short-term vacation rental unit.
"Authorized agent or representative" means a designated agent or representative who is appointed by the owner
and is also responsible for compliance with this chapter with respect to the short-term vacation rental unit.
"Booking transaction" means any reservation or payment service provided by a person or entity who facilitates a
home -sharing or vacation rental (including short-term vacation rental) transaction between a prospective
occupant and an owner or owner's authorized agent or representative.
"City manager" means that person acting in the capacity of the city manager for the city of La Quinta or authorized
designee.
"Declaration of non-use" means the declaration described in Section 3.25.050.
"Dwelling" has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended
from time to time) of this code; "dwelling" does not include any impermanent, transitory, or mobile means of
temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping
tents.
"Estate home" is defined as a single-family detached residence with five (5) or more bedrooms, subject to
evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub -type
of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary
residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable,
pursuant to this chapter.
"General short-term vacation rental permit" is a type of short-term vacation rental permit that is neither a
homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit.
"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 this code and other applicable laws, rules or
regulations pertaining to the use and occupancy of short-term vacation rental units.
"Homeshare short-term vacation rental permit" is a type of short-term vacation rental permit whereby the owner
hosts visitors in the owner's dwelling, for compensation, for periods of thirty (30) consecutive calendar days or
less, while the owner lives on-site and in the dwelling, throughout the visiting occupant's stay.
"Hosting platform" means a person or entity who participates in the home -sharing or vacation rental (including
short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or
intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to
the Internet.
"Large lot" means a single "parcel," as defined in Section 9.280.030 (or successor provision, as may be amended
from time to time) of this code, that meets all of the criteria set forth in Subsection (A) of Section 3.25.057.
"Local contact person" means the person designated by the owner or the owner's authorized agent or
representative who shall be available twenty-four (24) hours per day, seven (7) days per week with the ability to
respond to the location within thirty (30) minutes for the purpose of: (1) taking remedial action to resolve any
complaints; and (2) responding to complaints regarding the condition, operation, or conduct of occupants of the
short-term vacation rental unit. A designated local contact person must obtain a business license otherwise
required by Sections 3.24.060 and 3.28.020 (or successor provisions, as may be amended from time to time) of this
code.
"Management company" means any individual or entity, whether for profit or nonprofit, and regardless of entity
type, such as a limited liability company, corporation, or sole proprietorship, that is retained by an owner to be the
owner's authorized agent or representative, or is the owner of a short-term vacation rental unit subject to this
chapter, and is engaged in or represents itself to be engaged in the business of managing real property.
(Supp. No. 3, Update 3)
Page 2 of 19
Created: 2023-01-29 19:14:29 [EST]
"Notice of permit modification, suspension or revocation" means the notice the city may issue to an applicant,
authorized agent or representative, local contact person, occupant, owner, responsible person, or any other
person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a
determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses
of property subject to this chapter.
"Occupant" means any person(s) occupying the dwelling at any time.
"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term
vacation rental unit.
"Primary residence" means a dwelling where an owner spends the majority of the calendar year on the property
used as a short-term vacation rental unit, and the property is identified in the Riverside County assessor's record as
the owner's primary residence.
"Primary residence short-term vacation rental permit" is a type of short-term vacation rental permit whereby the
short-term vacation rental unit is the owner's primary residence, as defined herein in this section.
"Property" means a residential legal lot of record on which a short-term vacation rental unit is located.
"Qualified and certified large lot" has the meaning as set forth in Section 3.25.057.
"Rent" has the same meaning as set forth in Section 3.24.020 (or successor provision, as may be amended from
time to time) of this code.
"Rental agreement" means a written or verbal agreement for use and occupancy of a privately -owned residential
dwelling that has been issued a short-term vacation rental permit, including a dwelling that may have a permit
which has been or is under suspension.
"Responsible person" means the signatory of an agreement for the rental, use and occupancy of a short-term
vacation rental unit, and/or any person(s) occupying the short-term vacation rental unit without a rental
agreement, including the owner(s), owner's authorized agent(s) or representative(s), local contact(s), and their
guests, who shall be an occupant of that short-term vacation rental unit, who is at least twenty-one (21) 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 Sections 3.24.060 and
3.28.020 (or successor provisions, as may be amended from time to time) of this code. A short-term vacation
rental permit is one (1) of the following types: (1) general short-term vacation rental permit, (2) primary residence
short-term vacation rental permit, or (3) homeshare short-term vacation rental permit, as defined in this section.
"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 and/or property and/or yard features appurtenant thereto, rented for
occupancy and/or occupied for dwelling, lodging, or any transient use, including but not limited to sleeping
overnight purposes for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days
as full days, by any person(s) with or without a rental agreement.
"STVR" may be used by city officials as an abbreviation for "short-term vacation rental."
"Suspension" means that short-term vacation rental permit that is suspended pursuant to Section 3.25.090.
"Tenant" or "transient "for purposes of this chapter, means any person who seeks to rent or who does rent, or
who occupies or seeks to occupy, for thirty (30) consecutive calendar days or less, a short-term vacation rental
unit.
(Supp. No. 3, Update 3)
Page 3 of 19
Created: 2023-01-29 19:14:29 [EST]
( Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1,
2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012)
3.25.040 Authorized agent or representative.
A. Except for the completion of an application for a short-term vacation rental permit and business license, the
owner may designate an authorized agent or representative to ensure compliance with the requirements of
this chapter with respect to the short-term vacation rental unit on his, her or their behalf. Nevertheless, 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.
B. The owner must be the applicant for and holder of a short-term vacation rental permit and business license
and shall not authorize an agent or a representative to apply for or hold a short-term vacation rental permit
and business license on the owner's behalf. The owner's signature is required on all short-term vacation
rental application forms, and the city may prescribe reasonable requirements to verify that an applicant or
purported owner is the owner in fact.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord.
501 § 2, 2012)
3.25.050 Short-term vacation rental permit—Required.
A. The owner is required to obtain a short-term vacation rental permit and a business license from the city
before the owner or the owner's authorized agent or representative may rent or advertise a short-term
vacation rental unit. No short-term vacation rental use may occur in the city except in compliance with this
chapter. No property in the city may be issued a short-term vacation rental permit or used as a short-term
vacation rental unit unless the property is a residential dwelling that complies with the requirements of this
chapter.
B. A short-term vacation rental permit and business license shall be valid for one (1) year and renewed on an
annual basis in order to remain valid.
A short-term vacation rental permit and business license renewal application shall be submitted no
earlier than sixty (60) calendar days prior to the permit's expiration date, but no later than the permit's
expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may
result in the short-term vacation rental permit being terminated.
A new owner of a property (or a new person and/or new entity that owns or controls a business or
organization or other entity of any kind, such as a limited liability company, which is the owner of a
property) previously operated as a short-term vacation rental unit by the former owner (or by a former
person or entity that owned or controlled the business or organization or other entity of any kind that
continues to be the owner of the property) may not renew the previous owner's short-term vacation
rental permit and shall apply for a new short-term vacation rental permit, pursuant to this chapter, if
the new owner (or new person and/or new entity that owns or controls a business or organization or
other entity of any kind that continues to be the owner of a property) wants to continue to use the
residential dwelling as a short-term vacation rental unit. For purposes of this subsection, a transfer of a
short-term vacation rental unit with a valid short-term vacation rental permit resulting from any of the
following shall not be deemed a transfer to a new owner which would otherwise trigger the
requirement to apply for and obtain a new short-term vacation rental permit:
(Supp. No. 3, Update 3)
Page 4 of 19
Created: 2023-01-29 19:14:29 [EST]
(a) Transfers to an entity of any kind, such as a limited liability company or a trust, where
the member(s) of the entity or beneficiary(ies) of the trust is(are) the owner(s) of the real
property with a valid short-term vacation rental permit, and the proportionate interest(s) of the
owner(s) are the same for the real property placed in the entity.
(b) Transfers that take effect upon the death of an owner to an heir designated by the
owner (by devise, bequest, or similar transfer upon death) who is any of the following:
(i) surviving spouse or domestic partner; or (ii) surviving sibling related by blood or in law, such as
a brother, sister, brother-in-law, sister-in-law, step -brother, or step -sister; or (iii) surviving parent
or grandparent by blood or in law, such as a mother, father, mother-in-law, father-in-law, step-
mother, step -father, grandmother, grandfather, grandmother -in-law, grandfather -in-law, step -
grandmother, or step -grandfather; (iv) surviving child or grandchild, such as a daughter, son,
daughter-in-law, son-in-law, step -daughter, step -son, granddaughter, grandson, granddaughter -
in -law, grandson -in-law, step -granddaughter, or step -grandson.
(c) Transfers to a trust with the beneficiary(ies) identified as an heir described in
Subsection B(2)(b) above.
If an owner or an owner's authorized agent or representative, pursuant to all applicable laws,
constructs additional bedrooms to an existing residential dwelling or converts non -bedroom spaces
and areas in an existing residential dwelling into additional bedrooms, the owner or owner's
authorized agent or representative shall notify the city and update the short-term vacation rental unit's
online registration profile upon city approval of the addition or conversion so that the city may confirm
that such conversion is consistent with this chapter and the code, including all applicable provisions in
Title 8 of the code, and reissue the short-term vacation rental permit so that it accurately identifies the
number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term
vacation rental unit. The city may conduct an on-site inspection of the property to verify compliance
with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one
(1) hour for initial inspection and in thirty (30) -minute increments for each follow-up inspection
pursuant to subsection D. For purposes of this chapter, "reissue" or "reissuance" of a short-term
vacation rental permit means a permit that is reissued by the city, with corrected information, as
applicable, to be valid for the balance of the existing one (1) -year permit and license period.
C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a
residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a short-
term vacation rental unit. The allowable number of bedrooms shall meet all applicable requirements under
federal, state and city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor
provision, as may be amended from time to time) governing "additional bedrooms" and all applicable
building and construction codes in Title 8 of this code. A short-term vacation rental permit shall not be issued
for, or otherwise authorize the use of, additional bedrooms converted from non -bedroom spaces or areas in
an existing residential dwelling except upon express city approval for the additional bedrooms in compliance
with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time),
and upon approval of an application for a new or renewed short-term vacation rental permit as provided in
subsection B.
A short-term vacation rental permit and business license shall not be issued, and may be suspended or
permanently revoked, if the property, or any building, structure, or use or land use on the property is in
violation of this code. The city may conduct an inspection of the property prior to the issuance or renewal of
a short-term vacation rental permit and/or business license. Code compliance inspections may be billed for
full cost recovery at one (1) hour for initial inspection and in thirty (30) -minute increments for each follow-up
inspection. For purposes of this subsection, a code violation exists if, at the time of the submittal of an
application for a new or renewed short-term vacation rental permit or business license, the city has
commenced administrative proceedings by issuing written communication and/or official notice to the
(Supp. No. 3, Update 3)
Page 5 of 19
Created: 2023-01-29 19:14:29 [EST]
owner or owner's authorized agent or representative of one (1) or more code violations. For purposes of this
chapter, "building," "structure," and "use or land use" have the same meanings as set forth in Section
9.280.030 (or successor provisions, as may be amended from time to time) of this code.
A short-term vacation rental permit and business license shall not be issued or renewed, and may be
suspended or permanently revoked, if any portion of transient occupancy tax has not been reported and/or
remitted to the city for the previous calendar year by the applicable deadline for the reporting and/or
remittance of the transient occupancy tax.
A short-term vacation rental permit and business license shall not be issued or renewed, and may be
suspended or permanently revoked, if the residential dwelling to be used as a short-term rental unit lacks
adequate on-site parking. For purposes of this subsection, "adequate on-site parking" shall be determined by
dividing the total number of occupants commensurate with the approved number of bedrooms as provided
in the table under Section 3.25.070 by four (4), such that the ratio of the maximum allowed number of
overnight occupants to on-site parking spots does not exceed four to one (4:1). For example, a residential
dwelling with five (5) bedrooms may permissibly host a total number of ten (10) to twelve (12) overnight
occupants and therefore requires three (3) on-site parking spots. On-site parking shall be on an approved
driveway, garage, and/or carport areas only in accordance with Section 3.25.070(R), and no more than two
(2) street parking spots may count towards the number of onsite parking spots necessary to meet the
"adequate on-site parking" requirement under this subsection.
G. An owner or owner's authorized agent or representative who claims not to be operating a short-term
vacation rental unit or who has obtained a valid short-term vacation rental permit and business license
pursuant to this chapter, may voluntarily opt -out of the requirements of this chapter, prior to the issuance or
expiration of a short-term vacation rental permit and business license that are applicable to the short-term
vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the
owner's designated local contact person executing, under penalty of perjury, a declaration of non-use as a
short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration
of non-use"). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or
owner's authorized agent or representative shall be released from complying with this chapter as long as the
property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit
after the city's receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a
declaration of non-use has been received and filed by the city, the owner or owner's authorized agent or
representative wants to use that property as a short-term vacation rental unit, the owner shall apply for a
new short-term vacation rental permit and business license and fully comply with the requirements of this
chapter and the code; provided, however, that if a short-term vacation rental permit is or will be suspended
on the date an owner or owner's authorized agent or representative submits to the city a declaration of non-
use for the short-term vacation rental unit under suspension, then the owner may apply for a new short-
term vacation rental permit and business license only after twelve (12) consecutive months have elapsed
from the date of the declaration of non-use, and the owner and owner's authorized agent or representative
otherwise shall fully comply with the requirements of this chapter and the code.
( Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1,
2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012)
3.25.055 Non -issuance of new short-term vacation rental permits; periodic council review.
A. Commencing May 20, 2021, which is the effective date of Ordinance No. 596 which added this section, there
shall be no processing of, or issuance for, any applications for a new short-term vacation rental permit,
required by this chapter to use or operate a short-term vacation rental unit in the city, except applications
for a new a short-term vacation rental permit covering a short-term vacation rental unit that meets one (1)
or more of the following:
(Supp. No. 3, Update 3)
Page 6 of 19
Created: 2023-01-29 19:14:29 [EST]
1. A residential dwelling within a residential project located in the CT Tourist Commercial District zone, as
defined in Section 9.70.070 (or successor section) of this code and depicted in the city's official zoning
map.
2. A residential dwelling within a residential project located in the VC Village Commercial District zone, as
defined in Section 9.70.100 (or successor section) of this code and depicted in the city's official zoning
map.
3. A residential dwelling within a residential project subject to a development agreement with the city, or
subject to a condition of approval(s) attached to any entitlement approved by the city (including but
not limited to a specific plan, subdivision map, or site development permit), pursuant to which short-
term vacation rentals are a permitted use, and the residential dwelling's use as a short-term vacation
rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the
residential project.
4. A residential dwelling within the area covered by the SilverRock Resort Specific Plan or the Estates at
Griffin Lake Specific Plan.
5. A residential dwelling is located adjacent to the CT Tourist Commercial District zone, as defined in
Section 9.70.070 and depicted in the city's official zoning map, and within the following boundaries;
west of Avenida Obregon, south of the Avenida Fernando, east of Calle Mazatlan, and north of the
driveway access between Calle Mazatlan and Avenida Obregon that serves as a southern boundary for
the La Quinta Tennis Villas/Tennis Condos area identified on page 25 of the La Quinta Resort Specific
Plan, 121 E—Amendment 5 (as may be subsequently amended from time to time). For purposes of this
subsection, "adjacent to" means across the street from or accessible by a driveway or service road
designed to provide access to area(s) within the CT Tourist Commercial District zone.
B. The city manager or authorized designee shall have the authority to implement policies or procedures to
review and verify whether an application for a new short-term vacation rental permit meets the criteria set
forth in this section.
C. This section shall not apply to applications for a homeshare short-term vacation rental permit or applications
for a renewal of an existing short-term vacation rental permit and business license, submitted in compliance
with this chapter, including when the short-term vacation rental permit is under suspension during the time
for processing the renewal application. Applications for renewals must be submitted as prescribed by this
chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application for
renewal, which is under temporary suspension in violation of this chapter or any other provisions of this
code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations
that led to the temporary suspension have been remedied and the suspension has expired. Any revoked
short-term vacation rental permit shall not be eligible for renewal or new short-term vacation rental permit.
D. The city council shall periodically review the impacts or effects, if any, caused by the non -issuance of new
short-term vacation rental permits set forth in this section. The city manager or authorized designee shall
prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting.
E. Commencing on January 4, 2024, which is the effective date of Ordinance No. 607 adding this Subsection (E),
this section may not be amended by the city council, except by no less than four-fifths (4/5) majority vote of
the city council.
( Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20-2021)
(Supp. No. 3, Update 3)
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3.25.057 Large lots; Exemption from non -issuance of new short-term vacation rental permits.
A. If none of the exemptions in Subsections (A) or (C) of Section 3.25.055 of this code applies, the owner of a
large lot may voluntarily submit to the city an application and request to be exempted from the non -issuance
of new short-term vacation rental permits set forth in Section 3.25.055 only if, at the time of submittal of an
application for exemption pursuant to this section, all of the following criteria are met:
1. The "lot area," as defined in 9.280.030 (or successor provision, as may be amended from time to time)
of this code, is comprised of a single parcel that is no less than 25,000 square feet;
2. The single parcel has at least one existing dwelling, as defined in this chapter, in use or available for
use;
3. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified
exemption under this section, subject to a subdivision under the Subdivision Map Act in Division 2
(commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of this
code (or successor provisions, as may be amended from time to time).
4. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified
exemption under this section, subject to a reduction in the square footage of the lot area by lot line
adjustment, parcel merger, or other action that creates a legal parcel under the Subdivision Map Act in
Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under
Title 13 of this code (or successor provisions, as may be amended from time to time).
5. If the single parcel is within a residential project governed by a homeowners association, the use of the
single parcel as a short-term vacation rental unit is authorized under the homeowners association's
covenants, conditions, and restrictions (CC&Rs) and any other applicable governing documents for the
residential project governed by the homeowners association;
6. Use of the single parcel as a short-term vacation rental unit is not prohibited or otherwise inconsistent
with any recorded instruments governing the use of the single parcel; and
7. The single parcel has adequate on-site parking pursuant to this chapter for use as a short-term vacation
rental unit.
B. Subject to the application and review provisions in this section, if the city determines the single parcel meets
the criteria of a large lot to be exempted from the non -issuance of new short-term vacation rental permits
that otherwise applies pursuant to Section 3.25.055, the provisions regarding the non -issuance of new short-
term vacation rental permits in Section 3.25.055 shall no longer apply to, or be applicable as long as the
single parcel meets the criteria in this section, to the large lot upon certification by the city that the criteria
set forth in this section have been met.
1. Upon certification by the city that the criteria in this section have been met, then the single parcel shall
be identified as a "qualified and certified large lot" for purposes of this section and this chapter.
2. Upon certification by the city of the single parcel as a qualified and certified large lot pursuant to this
section, an owner of a residential dwelling within a qualified and certified large lot may apply for a new
short-term vacation rental permit pursuant to this chapter and shall be subject to the same
requirements of any other short-term vacation rental permit application, use, and operation governed
by this chapter.
3. The city may impose any necessary or proper conditions of approval with the certification of a single
parcel as a large lot pursuant to this section, including conditions that would terminate the exemption
from compliance with Section 3.25.055 if the large lot is subdivided or used in violation of the
requirements of this section. Additionally, the city may require as a condition of approval that the
(Supp. No. 3, Update 3)
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Created: 2023-01-29 19:14:29 [EST]
owner of the qualified and certified large lot execute a land use covenant, in a form approved by the
city and recorded in the county recorder's office against the single parcel, memorializing the terms and
conditions applicable to the large lot for use as a short-term vacation rental unit.
4. Any owner of real property that is no longer or is not in compliance with the criteria in this section to
be a qualified and certified large lot shall have no right or authority to advertise, use, or operate said
real property as a short-term vacation rental unit. Any short-term vacation rental permit (either new or
renewal permit) issued by the city in reliance of said real property having previously been located
within a qualified and certified large lot shall no longer be valid upon said real property no longer being
in compliance with this section.
5. An owner of a qualified and certified large lot who is the successor in interest to the owner who
applied for and received the certification of the single parcel as a qualified and certified large lot does
not need to re -apply for an exemption from Section 3.25.055 under this chapter as long as the single
parcel determined to be the qualified and certified large lot remains in compliance with this section.
6. It is the expressed intent of the city council that an application for exemption from Section 3.25.055,
submitted to the city pursuant to this section, need only occur one time as long as the current owner of
a qualified and certified large lot remains in compliance with this section whenever a new or renewal
application for a short-term vacation rental permit is submitted to the city and for the duration of the
term of the issued short-term vacation rental permit. It is also the expressed intent of the city council
that the current owner of real property that may have previously been a qualified and certified large
lot may be required by the city to submit a new application for exemption from Section 3.25.055,
pursuant to this section, if the real property no longer meets the criteria set forth in this section.
C. Any application submitted pursuant to this section shall be subject to any fees established by resolution of
the city council and shall identify, by addresses, assessor's parcel number (APN), and any other identifying
information requested by the city, the real property purporting to be a large lot.
D. An application submitted pursuant to this section shall be reviewed and considered as follows:
Submittal of Application. An application for a finding of exemption under this section and certification
as a large lot shall be completed in a form approved by the city manager or authorized designee.
Applications shall be filed with the city clerk, who shall forward to the planning department together
with all maps, plans, documents and other materials required by the city clerk or director of the
planning department.
Determination of Completeness. The city clerk's office and planning department shall coordinate with
the applicant to make a determination whether the application is complete or incomplete. Upon the
determination that the application is complete by the city clerk, the city clerk shall schedule review and
consideration of the complete application by the city council.
Public Hearing and Consideration of the Application. The city council shall hold a public hearing on the
application, and the city council shall be the decision-making authority for the application. The public
hearing shall be set within ninety (90) days from the determination by the city clerk of a complete
application. The public hearing shall be noticed in accordance with Section 9.200.100(D) (or successor
provisions, as may be amended from time to time) of this code. At the public hearing, the city council
shall receive written comments and any other evidence or testimony relating to the application. At the
public hearing, the city council may take action on the application, or continue the application to a
specified date.
Required Findings. No application presented to the city council pursuant to this section may be
approved or conditionally approved unless all of the following findings and requirements are met:
a. The single parcel subject to the application is in a residential zone, is a legal non -conforming use,
or is in a zone that otherwise would allow for residential uses.
(Supp. No. 3, Update 3)
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Created: 2023-01-29 19:14:29 [EST]
The applicant is the owner of the single parcel subject to the application.
C. The exemption under this section is required for the applicant as owner to be able to apply for a
short-term vacation rental permit and use a dwelling or dwellings on the parcel as a short-term
vacation rental unit under this chapter.
Approval of the application will not create conditions materially detrimental to the public health,
safety and general welfare or injurious to or incompatible with other properties or land uses in
the vicinity. Included with this assessment shall be whether approval of the application and
issuance of a certification that the single parcel is a qualified and certified large lot results in
multiple exemptions under this section being concentrated in one geographic location of the city
in a manner than may be incompatible with other properties or land uses in the vicinity.
Decision. The city council shall approve, approve with conditions, or deny the application. With the
concurrence of the applicant, an application may be withdrawn prior to the issuance of a decision by
the city council. The decision on an application, including any required findings and any other reasons
that serve to explain the determination plus all conditions of approval, shall be in writing. An approval
or approval with conditions from the city council shall be adopted by resolution and accompanied with
the certification from the city that the single parcel subject to the application meets the criteria for a
qualified and certified large lot.
Appeal. The decision of the city council shall be the final decision of the city on the application.
Subject to the review and approval provisions in this section, the city manager or authorized designee shall
have the authority to implement policies or procedures to review and verify whether an application and
request to be exempted from Section 3.25.055 meets the criteria set forth in this section and any other
criteria reasonably necessary for verification of such application and request.
The city council may periodically review the impacts or effects, if any, caused by this section concurrently
with its periodic review provided for in subsection (D) of Section 3.25.055.
3.25.060 Short-term vacation rental permit—Application requirements.
A. The owner or the owner's authorized agent or representative must submit the information required on the
city's short-term vacation rental permit application form provided by the city, which may include any or all of
the following:
1. The name, address, and telephone number 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 and twenty-four (24) -hour telephone number of the local contact person;
4. [Reserved]
5. The number of bedrooms shall not exceed the number of permitted bedrooms. The allowable number
of bedrooms shall meet all applicable building and construction requirements under federal, state and
city codes, including, but not limited to, the provisions of Section 9.50.100 (or successor provision, as
may be amended from time to time) governing "additional bedrooms" and all applicable building and
construction codes in Title 8 of this code;
6. Acknowledgement of receipt of all electronically distributed short-term vacation rental information
from the city, including any good guest brochure;
7. The owner or owner's authorized agent or representative who has applied for a short-term vacation
rental permit shall provide the city with written authorization that issuance of a short-term vacation
rental permit pursuant to this chapter is not inconsistent with any recorded or unrecorded restrictive
(Supp. No. 3, Update 3)
Page 10 of 19
Created: 2023-01-29 19:14:29 [EST]
covenant, document, or other policy of a homeowner association (HOA) or other person or entity
which has governing authority over the property on which a short-term vacation rental unit will be
operated; in furtherance of this requirement, there shall be a rebuttable presumption that an owner or
owner's authorized agent or representative does not have written authorization for the issuance of a
short-term vacation rental permit if a HOA or other person or entity which has governing authority
over the property has submitted to the city a duly -authorized official writing, which informs the city
that short-term vacation rentals of thirty (30) consecutive days or less are not permitted on the
property applying for a short-term vacation rental permit; and
8. Such other information as the city manager or authorized designee deems reasonably necessary to
administer this chapter.
B. The short-term vacation rental permit application shall be accompanied by an application fee as set by
resolution of the city council. A short-term vacation rental permit and business license shall not be issued or
renewed while any check or other payment method cannot be processed for insufficient funds.
C. The city may determine the maximum number of bedrooms in a residential dwelling with multiple bedrooms
eligible for use as a short-term vacation rental unit upon issuance of a short-term vacation rental permit.
When determining the maximum number of bedrooms eligible for use as short-term vacation rentals, the
city shall consider the public health, safety, and welfare, shall comply with building and residential codes,
and may rely on public records relating to planned and approved living space within the residential dwellings,
including, but not limited to, title insurance reports, official county records, and tax assessor records. Owners
of residential dwellings that exceed five thousand (5,000) square feet of developed space on a lot may apply
for additional bedrooms. An owner and/or owner's authorized agent or representative may not advertise
availability for occupancy of a short-term vacation rental unit for more than the approved number of
bedrooms listed in the short-term vacation rental permit issued by the city pursuant to this chapter. In
addition to any other rights and remedies available to the city under this chapter, the first violation for failing
to advertise the approved number of bedrooms may be subject to a fine by an administrative citation, and a
second or subsequent violation for failing to advertise the approved number of bedrooms may result in a
revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any
affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100.
D. Short-term vacation rental permit applications shall comply with the following:
A short-term vacation rental permit application for an estate home shall be subject to evaluation and
inspection of the property to ensure that the short-term vacation rental unit will not create conditions
materially detrimental to the public health, safety and general welfare or injurious to or incompatible
with other properties in the vicinity. Evaluation and inspection shall include, but not be limited to:
verification of the number of bedrooms, adequate on-site parking spaces, availability of nearby street
parking, physical distance of an estate home from adjacent properties, such as location and distance of
outdoor gathering spaces, pools, and other living spaces from neighboring properties. The city
manager, or designee, shall have the authority to impose additional conditions on the use of an estate
home as a 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.
A short-term vacation rental permit application may be denied if the applicant has failed to comply
with application requirements in this chapter, or has had a prior short-term vacation rental permit for
the same unit revoked within the past twelve (12) calendar months. In addition, upon adoption of a
resolution pursuant to subsection H, the city may limit the number of short-term vacation rental units
in a given geographic area based on a high concentration of short-term vacation rental units. The city
shall maintain a waiting list of short-term vacation rental permit applications for such geographic areas
where the city determines, based on substantial evidence after a noticed public hearing, there is a
higher than average concentration of short-term vacation rental units that either affects the public
(Supp. No. 3, Update 3)
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Created: 2023-01-29 19:14:29 [EST]
health, safety, and welfare or significantly negatively impacts the character and standard of living in a
neighborhood within that geographic area, or both.
Short-term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar
days to process. Nothing in this subsection or chapter shall be construed as requiring the city to issue or deny
a short-term vacation rental permit in less than thirty (30) calendar days, as no permit shall be issued until
such time as application review is complete. No short-term vacation rental use may occur in the city without
a valid short-term vacation rental permit issued in accordance with this chapter.
Upon a change of ownership of a property (or upon a new person and/or new entity owning or controlling a
business or organization or other entity of any kind, such as a limited liability company, which is the owner of
a property) licensed to operate as a short-term vacation rental unit, the owner or owner's authorized agent
or representative shall notify the city of such change immediately. The existing short-term vacation rental
permit shall be terminated, unless subject to Section 3.25.050(B)(2), and the property must cease operating
as a short-term vacation rental immediately. Failure to comply may result in a fine of one thousand dollars
($1,000.00) per day for a continuing violation of this subsection F.
G. Immediately upon a change of an owner's authorized agent or representative, local contact, or any other
change pertaining to the information contained in the short-term vacation rental application, the owner or
owner's authorized agent or representative shall update the short-term vacation rental unit's online
registration profile used by the city for the implementation of the short-term vacation rental regulations.
Failure to immediately update this information may result in a violation of this chapter, including but not
limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated.
The city manager or authorized designee may prepare, for adoption by resolution by the city council, a
review procedure and criteria to evaluate the limitation for issuance of STVR permits and/or STVR
applications for geographic areas within the city as set forth in subsection D.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord.
501 § 2, 2012)
3.25.065 Short-term vacation rental permit—Grounds for denial.
A. In addition to any other grounds provided in this chapter, an application (including renewal application) for a
short-term vacation rental permit may be denied if use of the short-term vacation rental unit has been, will
be, or is apt to become any one (1) or more of the following.
1. Prohibited by any local ordinance or by any state or federal law, statute, rule or regulation;
2. A public nuisance;
3. In any way detrimental to the public interest;
4. Prohibited by zoning laws and ordinances.
B. An application (including renewal application) for a short-term vacation rental permit may also be denied on
the grounds that the applicant has knowingly made a false statement in a material matter either in
his/her/their application or in his/her/their testimony before the city manager or other body hearing such
testimony.
C. This section is intended to be, and shall be construed as being, in alignment with the grounds for denial of a
business license set forth in Section 3.28.080 (or successor section) of this code.
( Ord. 591 § 1(Exh. A), 4-20-2021)
(Supp. No. 3, Update 3)
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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.
1. An estate home may be established for short-term vacation rental use subject to evaluation and
inspection of the property pursuant to Section 3.25.060(D)(1).
2. An estate home established for short-term vacation rental use is required to be equipped with a noise
monitoring device(s) that is operable at all times.
B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or
they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the
short-term vacation rental unit without a rental agreement, including the owner, owner's authorized agent
or representative, local contact(s) and their guests. No non -permanent improvements to the property, such
as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of
occupants, including the responsible person(s) and children regardless of age, allowed to occupy any given
short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a
short-term vacation rental permit, the city or its authorized designees, including police, shall have the right
to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or
any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental
unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may
constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels
provided those restrictions are within the occupancy ranges set forth below.
Number of
Bedrooms
Total of
Overnight*
Occupants
Total Daytime** Occupants
(Including Number of
Overnight Occupants)
0—Studio
2
2-8
1
2-4
2-8
2
4-6
4-8
3
6-8
6-12
4
8-10
8-16
5
10-12
10-18
6
12-14
12-20
7
14
14-20
8 1
16
1 16-22
9 1
18
1 18-24
*Overnight (10:01 p.m. -6:59 a.m.)
**Daytime (7:00 a.m.-10:00 p.m.)
C. The person(s) listed as the local contact person in the short-term vacation rental unit's online registration
profile shall be available twenty-four (24) hours per day, seven (7) days per week, with the ability to respond
to the location within thirty (30) minutes to complaints regarding the condition, operation, or conduct of
occupants of the short-term vacation rental unit or their guests. The person(s) listed as a local contact person
shall be able to respond personally to the location, or to contact the owner or the owner's authorized agent
or representative to respond personally to the location, within thirty (30) minutes of notification or
attempted notification by the city or its authorized short-term vacation rental designated hotline service
(Supp. No. 3, Update 3)
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provider. No provision in this section shall obligate the city or its authorized short-term vacation rental
designated hotline service provider to attempt to contact any person or entity other than the person(s) listed
as the local contact person.
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 or unlawful 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.
Occupants of the short-term vacation rental unit shall comply with the standards and regulations for
allowable noise at the property in accordance with Sections 9.100.210 and 11.08.040 (or successor provision,
as may be amended from time to time) of this code. 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 10:00 p.m. and 7:00 a.m. Pacific Standard Time. Observations
of noise related violations shall be made by the city or its authorized designee from any location at which a
city official or authorized designee may lawfully be, including but not limited to any public right-of-way, any
city -owned public property, and any private property to which the city or its authorized designee has been
granted access.
Prior to occupancy of a short-term vacation rental unit, the owner or the owner's authorized agent or
representative shall:
Obtain the contact information of the responsible person;
Provide copies of all electronically distributed short-term vacation rental information from the city,
including any good guest brochure to the responsible person and post in a conspicuous location within
the short-term vacation rental unit, in a manner that allows for the information to be viewed in its
entirety; and require such responsible person to execute a formal acknowledgement that he/she/they
is/are 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 (3) years and be made readily available upon
request of any officer of the city responsible for the enforcement of any provision of this 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 or attempted notification that the responsible person and/or any occupant
and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or
disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or
regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly
respond within thirty (30) minutes to immediately halt and 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
unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available
to the city.
H. The owner of a short-term vacation rental unit that has a valid Homeshare short-term vacation rental permit
shall occupy the dwelling during the transient stay. A violation of any provision of this chapter, this code, or
any other applicable federal, state, or local laws or codes, by the owner, owner's authorized agent or
Created: 2023-01-29 19:14:29 [EST]
(Supp. No. 3, Update 3)
Page 14 of 19
representative and/or the owner's designated local contact person shall be subject to all administrative, legal
and equitable remedies available to the city.
I. Trash and refuse shall not be left or 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) (or successor provision, as may
be amended from time to time) of this code.
J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as
provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this
code.
K. 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 guest brochure in a
conspicuous place within the short-term vacation rental unit, and a copy of the good guest brochure shall be
provided to each occupant of the subject short-term vacation rental unit.
L. 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 concerning transient occupancy taxes, including, but not
limited to, submission of a monthly return in accordance with Section 3.24.080 (or successor provisions, as
may be amended from time to time) of this code, which shall be filed monthly even if the short-term
vacation rental unit was not rented during each such month.
M. Guesthouses, detached from the primary residential dwelling on the property, or the primary residential
dwelling on the property, may be rented pursuant to this chapter as long as the guesthouse and the primary
residential dwelling are rented to one (1) party.
The owner and/or the owner's authorized agent or representative shall post the number of authorized
bedrooms and the current short-term vacation rental permit number at the beginning or top of any
advertisement that promotes the availability or existence of a short-term vacation rental unit; provided,
however, this requirement may be satisfied if a hosting platform used by the owner and/or owner's
authorized agent or representative provides a designated field(s) to post the number of authorized
bedrooms and the current short-term vacation rental permit number for the short-term vacation rental unit.
In the instance of audio -only advertising of the same, the short-term vacation rental permit number and the
number of authorized bedrooms shall be read as part of the advertisement.
O. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit
in compliance with any other permits or licenses that apply to the property, including, but not limited to, any
permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as
may be amended from time to time) of this code. The city may limit the number of special event permits
issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be
amended from time to time).
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, including, but not limited to, a
mitigating condition that would require the installation of a noise monitoring device to keep time -stamped
noise level data from the property that will be made available to the city upon city's reasonable request.
Q. 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 unit. 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 as a
(Supp. No. 3, Update 3)
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short-term vacation rental unit 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.
R. On-site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not
impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance
with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to
time) of this code.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord.
563 § 1, 2017; Ord. 501 § 2, 2012)
3.25.080 Recordkeeping and hosting platform duties.
A. The owner or the owner's authorized agent or representative shall maintain for a period of three (3) 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) (Transient Occupancy Tax) (or successor provisions, as may be
amended from time to time) of this code.
B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property
purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current
and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension,
for the dates and times proposed as part of the booking transaction.
The city shall maintain an online registry of active and suspended short-term vacation rental permits,
which hosting platforms may reference and rely upon for purposes of complying with subsection B. If a
residential dwelling or other property purporting to be a short-term vacation rental unit matches with
an address, permit number, and/or current and valid permit dates (not under suspension) set forth in
the city's online registry, the hosting platforms may presume that the dwelling or other property has a
current and valid short-term vacation rental permit.
The provisions of this subsection B shall be interpreted in accordance with otherwise applicable state
and federal law(s) and will not apply if determined by the city to be in violation of, or preempted by,
any such law(s).
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord.
501 § 2, 2012)
3.25.090 Violations.
A. Additional Conditions. A violation of any provision of this chapter or this code by any applicant, occupant,
responsible person, local contact person, owner or owner's authorized agent or representative (including a
management company), 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.
B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code,
California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not
limited to, applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by
any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or
representative (including a management company), shall constitute grounds for modification, suspension
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and/or revocation (which may include permanent revocation) of the short-term vacation rental permit
and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100.
C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person,
local contact person, owner, owner's authorized agent or representative (including a management
company), or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended
from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by
any of the above parties.
Two (2) Strikes Policy. Subject to a minor violation reprieve request, two (2) violations of any provision of this
chapter or this code within one (1) year by any applicant, occupant, responsible person, local contact person,
owner, owner's authorized agent or representative (including a management company), with respect to any
one (1) residential dwelling shall result in an immediate suspension of the short-term vacation rental permit
with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the
suspension. For purposes of this subsection, a "minor violation reprieve request" means a written request
submitted to the city's code enforcement officer for relief from counting one (1) or more violations within
the one (1) year period as a minor violation, and "minor violation" means a violation of a particular section of
this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties
caused by any of the following:
1. Minor debris or trash containers left in view as a first offense;
2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a
first offense;
3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an
advertisement as a first offense; or
4. Over occupancy due to a minor child not associated with a disturbance.
A determination of whether a code violation is a minor violation shall be based on substantial evidence presented
to the code enforcement officer relating to that violation.
Administrative and Misdemeanor Citations. The city may issue an administrative citation to any applicant,
occupant, responsible person, local contact person, owner, owner's authorized agent or representative
(including a management company), or hosting platform, pursuant to Chapter 1.09 (Administrative Citations)
(or successor provisions, as may be amended from time to time) of this 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.
An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum
amount allowed by state law or this code in which the latter amount shall be as follows:
General Short -Term Vacation Rental Violations (Occupancy/Noise/Parking).
First violation: one thousand dollars ($1,000.00);
Second violation: two thousand dollars ($2,000.00);
C. Third violation: three thousand dollars ($3,000.00).
Operating a Short -Term Vacation Rental Without a Valid Short -Term Vacation Rental Permit.
First violation: one thousand and five hundred dollars ($1,500.00);
Second or more violations: three thousand dollars ($3,000.00);
C. Third or more violations: five thousand dollars ($5,000.00)
(Supp. No. 3, Update 3)
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In addition to the fines set forth above, the first, second, third, or subsequent violation of
operating a short-term vacation rental unit without a valid short-term vacation rental permit
shall be cause for an owner (or person and/or entity that owns or controls a business or
organization or other entity of any kind, such as a limited liability company, which is the owner of
a property) to be prohibited for all time from being eligible to be issued a short-term vacation
rental permit and/or business license for use of a property as a short-term vacation rental unit.
Hosting a Special Event at a short-term vacation rental unit without a Special Event Permit as required
by Section 9.60.170 (or successor provision, as may be amended from time to time) of this code.
First violation: five thousand dollars ($5,000.00);
Second violation: five thousand dollars ($5,000.00).
Advertising a Short -Term Vacation Rental Without a Valid Short -Term Vacation Rental Permit by
Person(s) or Entity(ies) Other Than a Management Company.
First violation: one thousand dollars ($1,000.00);
Second violation: two thousand dollars ($2,000.00);
C. Third violation: three thousand dollars ($3,000.00).
Advertising a Short -Term Vacation Rental Without a Valid Short -Term Vacation Rental Permit by a
Management Company.
First violation: one thousand and five hundred dollars ($1,500.00)
Second violation: three thousand dollars ($3,000.00);
C. Third or more violations: five thousand dollars ($5,000.00);
In addition to the fines set forth above, the first, second, third, or subsequent violation of advertising a short-
term vacation rental unit without a valid short-term vacation rental permit by a management company shall
be cause for the management company to be prohibited from being used to advertise or operate a short-
term vacation rental unit at the property identified for not having a valid short-term vacation rental permit.
Additionally, repeat violations, which is three (3) or more violations of this Subsection (E)(5), by a
management company for advertising a short-term vacation rental unit without a valid short-term vacation
rental permit shall be cause for the management company to be prohibited for all time from being eligible to
be issued a short-term vacation rental permit and/or business license in the city for such property
management purposes. F. Public Nuisance. In addition to any and all rights and remedies available to the
city, it shall be a public nuisance for any person or entity 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) (or
successor provisions, as may be amended from time to time) of this code.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord.
563 § 1, 2017; Ord. 501 § 2, 2012)
3.25.100 Appeals.
A. Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing
before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from
time to time) of this code.
B. Notwithstanding any provisions in Section 2.08.230 or otherwise in the code, the decision by the city
manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a
(Supp. No. 3, Update 3)
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short-term vacation rental permit issued under this order, except for any administrative citation imposing a
fine, which shall be processed and subject to an administrative appeal pursuant to Chapter 1.09 of the code.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017)
(Supp. No. 3, Update 3)
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