La Quinta City Council
March 21, 2023

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 implement 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 amending this chapter, 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.

ATTACHMENT 1
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"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 also is 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 of 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.
"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 such 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.
"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. 218 Click Here to Return to Agenda
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"Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short‐term vacation rental.
"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. "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.
( 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 219 Click Here to Return to Agenda
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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.

1. A short‐term vacation rental permit and business license renewal application shall be submitted no earlier than sixty (60) calendar days but no later than thirty (30) calendar days prior to 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.

2. 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.

3. 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 onsite 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 220 Click Here to Return to Agenda
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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 and shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. 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 issue 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.

D. 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 owner or owner's responsible 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.

E. 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.

F. 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 onsite parking. For purposes of this subsection, "adequate onsite 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 total number of occupants to onsite 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 occupants and therefore requires three (3) on‐site parking spots.

Onsite 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 on‐site parking spots necessary to meet the "adequate onsite 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 221 Click Here to Return to Agenda
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owner's authorized agent 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 the ordinance adding 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:

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.

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.
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C. This section shall not apply to 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. ( Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6‐15‐2021; Ord. 591 § 1(Exh. A), 4‐20‐2021)

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, address, and twenty‐four (24)‐hour telephone number of the local contact person;

4. The address of the proposed short‐term vacation rental unit, Internet listing site and listing number;

5. The number of bedrooms shall not exceed the number of bedrooms allowable for the number of occupants as set forth in Section 3.25.070. 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 neighbor 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 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.
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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:

1. A short‐term vacation rental permit application for the 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 the 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 the 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.

2. 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 and public hearing, there is a higher than average concentration of short‐term vacation rental units that either affects the public health, safety, and welfare or significantly negatively impacts the character and standard of living in a neighborhood within that geographic area, or both.

E. Short‐term vacation rental permit applications may take up to, and the city shall have, thirty (30) calendar days to process. An application for a renewal of a short‐term vacation rental permit and business license should be submitted at least thirty (30) calendar days prior to the existing permit's expiration to allow sufficient time for the city to process the renewal application. 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 is issued in accordance with this chapter.
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F. 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 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 update immediately 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.

H. The city manager or authorized designee shall 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)

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). 225 Click Here to Return to Agenda
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(Supp. No. 3, Update 3)

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), 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   16   16—22
9   18   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 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.

D. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short‐term vacation rental unit do not create unreasonable 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.
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E. 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.

F. Prior to occupancy of a short‐term vacation rental unit, the owner or the owner's authorized agent or representative shall:

1. Obtain the contact information of the responsible person;

2. Provide copies of all electronically distributed short‐term vacation rental information from the city, including any good neighbor 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 or she is legally responsible for compliance by all occupants of the short‐term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short‐ term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (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. Reserved.

I. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (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, authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short‐term vacation rental permit and a copy of the good neighbor brochure in a conspicuous 227 Click Here to Return to Agenda
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place within the short‐term vacation rental unit, and a copy of the good neighbor brochure shall be provided to each occupant of the subject short‐term vacation rental unit.

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.

N. 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. In the instance of audio‐only advertising of the same, the short‐term vacation rental permit number 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).

P. 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. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short‐term vacation rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self‐induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.

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 228 Click Here to Return to Agenda
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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.

1. 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.

2. 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, 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, shall constitute grounds for modification, suspension 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, 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.

D. 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, or owner's authorized agent or representative, 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:
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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.

E. 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, 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:

1. General STVR Violations (Occupancy/Noise/Parking).
a. First violation: one thousand dollars ($1,000.00);
b. Second violation: two thousand dollars ($2,000.00);
c. Third violation: three thousand dollars ($3,000.00).

2. Operating a STVR Without a Valid Short‐Term Vacation Rental Permit. a. First violation: three thousand dollars ($3,000.00); b. Second or more violations: five thousand dollars ($5,000.00); c. In addition to the fine set forth above, the first violation of operating a STVR 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.

3. Hosting a Special Event at a STVR 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. a. First violation: five thousand dollars ($5,000.00);
b. Second violation: five thousand dollars ($5000.00).

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)
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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 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) 231 Click Here to Return to Agenda

MILES AVE

FRED WARING DR

AVENIDA BERMUDAS

CALLE TECATE

AIRPORT BLV
CALLE

TAMPICO
CALLE

DURANGO

MONROE ST

WASHINGTON ST
58TH AVE
50TH AVE

MADISON ST
48TH AVE

AVENIDA CARRANZA

EISENHOWER DR
SH-111

JEFFERSON ST
52ND AVE
54TH AVE

JEFFERSON ST JEFFERSON ST
50TH AVE
10 11
7 4
1 3
2 9
8 6
5 12
13 ¯
0 1 2
Miles
STVR Exempt
City Boundary
STVR Exempt Zone
STVR Exempt Zone -
HOA Approval Required
North La Quinta
Cove
Mid La Quinta
South La Quinta

EISENHOWER
DR
ATTACHMENT 2232 Click Here to Return to Agenda
CITY COUNCIL MINUTES Page 7 of 20 APRIL 20, 2021
MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to reconsider Consent Calendar Item No. 1 related to adopting Ordinance No. 591 on second reading. Motion passed unanimously.

MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to approve Consent Calendar Item No. 1 as recommended, adopting Ordinance No. 591 on second reading. Motion passed – ayes 4, noes 1 (Sanchez), abstain 0.

CONSENT CALENDAR ITEM NOS. 2 – 7
MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item Nos. 2 – 7 as recommended, with Item Nos. 4 and 5 adopting Resolution Nos. 2021-012 and 2021-013, respectively.

Motion passed unanimously.

CONSENT CALENDAR ITEM NO. 8

COUNCILMEMBER FITZPATRICK SAID SHE IS RECUSING HERSELF AND

WILL ABSTAIN FROM DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 8 DUE TO THE PERCEPTION OF A POTENTIAL CONFLICT OF

INTEREST STEMMING FROM THE POSITION SHE SERVES ON THE

RIVERSIDE COUNTY TRANSPORTATION COMMISSION, AND EVEN

THOUGH SHE DOES NOT RECEIVE A STIPEND, SHE IS ELIGIBLE TO RECEIVE ONE FOR EACH ATTENDED MEETING.

MOTION – A motion was made and seconded by Councilmembers Peña/Radi to approve Consent Calendar Item No. 8 authorizing the submission of a grant application for the Riverside County Transportation Commission SB 821 Bicycle and Pedestrian Facilities Program. Motion passed - ayes 4, noes 0, abstain 1 (Fitzpatrick).

BUSINESS SESSION

1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING
CHAPTER 3.25 OF LA QUINTA MUNICIPAL CODE BY ADDING
SECTION 3.25.056 RELATED TO A LIMITED ADDITIONAL

EXEMPTION TO NON-ISSUANCE OF NEW SHORT-TERM

VACATION RENTAL PERMITS BY VOTER APPROVAL FROM THE

VOTING MEMBERS OF A HOMEOWNERS ASSOCIATION FOR

QUALIFYING RESIDENTIAL PROJECTS
Design and Development Director Castro presented the staff report, which is on file in the Clerk’s Office.

ATTACHMENT 3
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CITY COUNCIL MINUTES Page 8 of 20 APRIL 20, 2021
Council discussed HOAs would be able to submit a one-time application for exemption under the proposed code language; amending the language to allow HOAs to resubmit an application for exemption after a set period of time; HOAs have the ability to amend their CC&Rs and impose stricter regulations that those prescribed by the code; this code amendment would allow HOAs that are successfully operating STVRs and have minimum number of violations and citations to continue to do so if approved by their membership; Staff to provide standardized guidelines on the application process; allow time to evaluate the effects of Ordinance No. 591 imposing a permanent moratorium on new STVR permits and revisiting this exemption at a later time; the moratorium imposed by Ordinance No. 591 applies citywide, including PGA West, except for the specific exemptions outlined in the code; in order to apply for this proposed exemption to the moratorium, HOAs must provide the City with a certified simple-majority (50 plus 1) vote of its membership based on the voting requirements set forth by their individual CC&Rs; the HOAs must conduct a new vote of its membership in order to apply under this exemption; the need to add language in the proposed code clarifying that the HOAs membership vote shall occur following the effective date of the ordinance enacting this exemption; the application must be submitted by the Board of the HOA on behalf of its members pursuant to its CC&Rs, and not by individual homeowners; whether STVRs are allowed or not within an HOA should be the decision of the HOAs membership and not the government’s business; this code amendment would provide an opportunity for HOAs to petition the government to exempt them from the citywide moratorium and allow them to self-regulate if this is the will of its membership; this exemption creates a discrepancy in the restrictions imposed on residential zones between HOA and non-HOA communities; the STVR program metrics of success are currently arbitrary; and Staff is developing a STVR Program dashboard to define metrics.

PUBLIC SPEAKER VIA TELECONFERENCE ACCESSIBILITY:
 Jelena Tamm (La Quinta/Newport Beach) – said the moratorium imposed by Ordinance No. 591 is in essence a ban on STVRs because if a property that is currently operating as STVR is sold, the new owner is not eligible to obtain STVR permit; it is virtually impossible to obtain a 51% vote within the membership of an HOA, thus the requirements for the contemplated exemption are setting it up for failure; HOAs are different than non-HOA communities, as the owners who buy properties in HOAs understand that they are subject to the established HOA rules and regulations, there is cost associated with living in HOA, and HOAs generally have their own security, so not everything falls on the city; and out of the six HOAs in the City that allow STVRs, only PGA West has an issue and has reached out to the Council, the STVRs in the rest of the HOAs are operating successfully.
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CITY COUNCIL MINUTES Page 9 of 20 APRIL 20, 2021
MOTION – A motion was made and seconded by Councilmembers Radi/Fitzpatrick to have this item brought for Council review and consideration at a later time. Motion passed unanimously.

2. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING
SECTIONS 14.16.040 AND 14.16.110 OF THE LA QUINTA

MUNICIPAL CODE RESPECTIVELY RELATED TO UNAUTHORIZED

ENCROACHMENT IN THE PUBLIC RIGHT-OF-WAY AND LIABILITY
FOR DAMAGES [ORDINANCE NO. 592]
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to take up Ordinance No. 592 by title and number only and waive further reading. Motion passed unanimously.

City Clerk Radeva read the following title of Ordinance No. 592 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA, AMENDING SECTIONS 14.16.040 AND

14.16.110 OF THE LA QUINTA MUNICIPAL CODE RELATING TO
UNAUTHORIZED ENCROACHMENTS IN THE PUBLIC RIGHT-OFWAY AND LIABILITY FOR DAMAGES THEREFORE MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to introduce at first reading Ordinance No. 592 as recommended. Motion passed unanimously.

3. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING

THE LA QUINTA MUNICIPAL CODE BY REMOVING REFERENCE TO
A “DARK SKY ORDINANCE” FROM SECTION 5.80.060
[ORDINANCE NO. 593]
City Clerk Radeva presented the staff report, which is on file in the Clerk’s Office.

Council asked the City Attorney to explain the purpose and reasons for having Chapter 5.80 related to Sexually Oriented Businesses as part of the La Quinta Municipal Code (Code) when there are no such businesses in the City of La Quinta.

City Attorney Ihrke said this ordinance was adopted in 1995; the reason why cities usually adopt regulations related to sexually oriented businesses is because the United States Supreme Court has issued opinions deciding that nude or partially nude dancing is a form of expressive activity protected by the First Amendment rights to freedom of speech; however, case law does not 235 Click Here to Return to Agenda
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April 29, 2021
HOA Name Here
Attn: ________________
Street Address
City, State, Zip
RE: HOA Exception to the Non-Issuance of New Short-Term Vacation Rental (STVR) Permits
Dear ____________,
This letter is to inform you that the La Quinta City Council at their April 20, 2021 meeting adopted an ordinance that imposes a non-issuance of new short-term vacation rental (STVR) permits citywide. The non-issuance of new STVR permits include HOA communities, even if the CC&Rs allow STVRs.

Exceptions to the ordinance are residential properties located in 1) Tourist and Village Commercial zones, 2) residential projects that have a development agreement or condition of approval of their development entitlement and that allow STVRs pursuant to their CC&Rs, and 3) residential properties in the SilverRock Resort Specific Plan. Properties that have current and valid STVR permits in good standing, including those in HOA communities, may continue to operate as STVRs, as long as the permits are renewed prior to their annual expiration periods.

City Council considered an additional exception for HOAs that apply to the City and request to be exempted from the non-issuance of new STVR permits. However, this consideration has been tabled and may be reconsidered if there is interest in this additional exception.

Under this additional exception, HOAs that apply to the City must meet all of the following criteria:
 Use of STVRs are authorized under the HOA CC&Rs;
 The voting membership of the HOA approves by a simple majority (fifty percent plus one) vote to be exempted from the non-issuance of new permits, and such vote confirms that all residential dwellings within the HOA may apply for a new STVR permit; and
 The HOA certifies that it has complied with any other voting requirements that must be followed pursuant to the CC&Rs or other operative documents governed by the HOA in connection with the voter-approval as stated above.

ATTACHMENT 4
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Please let me know if your HOA is interested in this additional exception. While this exception has not been adopted at this time, the Council may consider amending the ordinance if there is interest in pursuing this exception.

If you have any questions, you may contact me via email at [email protected] or by phone at (760) 777-7099.

Sincerely,
Danny Castro
Design & Development Director
City of La Quinta
cc: Tommi Sanchez, HUB Manager, City of La Quinta
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Fairways Homeowners Association
May 7, 2021
Danny Castro
Design & Development Director
City of La Quinta
78495 Calle Tampico
La Quinta, California 92253
[email protected]
Re: Fairways HOA Response - Exception to Non-Issuance of New Short-Term Vacation (STVR) Permits
Dear Mr. Castro,
Thank you for the opportunity for our Board of Directors to provide a perspective on City of La Quinta actions (April 20,2021) to maintain a moratorium on the issuance of new STVR permits within the City of La Quinta inclusive of gated HOA communities such as ours.

The Fairways Homeowners Association (one of three residential associations within PGA WEST) recently conducted a community wide vote to amend our CC&R language seeking to address the growth / densities of STVRs within our HOA. Importantly, out of our 989 members, 815 of our members voted. This represented a weight of 84.4% of our total membership. 539 votes were cast for the proposed language change while 296 were against. As passed, the language change our membership approved restricts new owners from renting dwellings within Fairways for 28 days or less. This approved amendment was recorded in Riverside County records effective: March 15, 2021.

Again, thank you for your inquiry. We believe that this vote and the results demonstrated provide some context for our HOA desires on this topic.

Sincerely,
The Fairways Association Board of Directors
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May 11, 2021
Danny Castro
Design & Development Director
City of La Quinta
Subject: HOA Exception to the Non-Issuance of New Short-Term Vacation Rental (STVR) Permits Dear Mr. Castro,
On behalf of the Board of Directors of PGA WEST Residential Association (Res I) we appreciate receiving your letter dated April 29, 2021 inquiring about our interest in being exempt from the non-issuance of new STVR permits.

Our Board is currently investigating the growth and implications of STVR businesses within the Res I community.

Using open forums, meetings with STVR owners and research on impacts of STVRs in other communities, we are beginning to understand the implications of unmanaged STVR growth within Res I. At this time at least 18% of our community is comprised of licensed STVRs, and we have reason to believe this number is significantly undercounted. This percentage had been growing significantly each year until the City of La Quinta stepped in to address the issue by placing a moratorium on issuing STVR permits.

The growth has raised a concern within Res I that if not effectively managed, it will transform our community.

At a recent Board meeting, we discussed STVR growth and its impact on the character of our neighborhood. We are unanimous in wanting to effectively manage this growth, but we face significant limitations in changing our CC&Rs.

Because of these limitations, we are relying on this ordinance to help us manage STVRs within Res I. Therefore, it is important that our Association is included in the non-issuance of new STVR permits as well as any other actions that will help us address the STVR issues raised by the Ad-Hoc Committee, the Staff and Council.

Should you have any questions, do not hesitate to contact me at 713-377-2292. We look forward to working with the City to address this difficult ongoing problem.

Sincerely,
Jan H. Van Willigen
President
PGA WEST Residential Association (Res I)
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Dear Mr. Castro,
Thank you for your letter of April 29, 2021 asking to let you know if our HOA is interested in being exempted from the non-issuance of new short-term vacation rental permits citywide.

At this time, the Board of Directors at PGA West II Residential Association voted not to move forward with requesting an exemption.

We would appreciate you keeping us informed of any changes.

Sincerely,
Kristen Rinetti
General Manager
On behalf of the Board of Directors
PGA West II Residential Association, Inc.
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September 9, 2021
Sent Via U.S. Mail and E-mail: [email protected]
City of La Quinta
Attn. Mr. Danny Castro, Design & Development Dir.
78495 Calle Tampico
La Quinta, CA 92253
Re: Santa Rosa Cove Homeowners Association

Dear Mr. Castro:

As you know, Santa Rosa Cove is a community located within the City of LaQuinta. The community association for Santa Rosa Cove is the Santa Rosa Cove Homeowners Association (“Association”). The Association is managed by a Board of Directors and this letter is being sent by the Board on behalf of the Association.

On behalf of the Association and its members, the Board has been monitoring the City’s efforts relative to Short Term Vacation Rentals (“STVRs”). In this regard, the Association understands the City recently tabled an amendment to the current City code that would have allowed community associations that permit STVRs to seek an exception to the City’s STVR restrictions via a vote of the members. The Association further understands the City may at some point reconsider this potential exception and that communities such as Santa Rosa Cove can in the meantime submit non-binding letters in support of the City pursuing such an exception in the future. The Association was also told that it would perhaps be more helpful and impactful upon the City’s decision making process if the Association could present member polling data in support of its position.

Recently, the Association did poll its members on the topic of STVRs within Santa Rosa Cove. Specifically, early in 2021 there was discussion at the Board level concerning a possible amendment to the CC&Rs to modify the minimum short term rental period from 7 days to 30 days. This change would only apply to new owners that purchased after the date of recordation of the amendment. Regardless, and because of the importance of the proposal, the Association polled the members asking if they would support or reject such a proposed change. This survey was sent out to all 334 members and the Association received 174 responses (52%) and a slight majority or 54% of those who responded did not favor changing the CC&Rs to make the minimum rental period for new owners more restrictive. While this polling is not 100% on point with the question raised by the City concerning a possible exception to City STVR restrictions, we think it is nonetheless instructive on this general topic. In essence, there is a material amount of members within Santa Rosa Cove that support the concept of owners being able to continue to do STVRs within the community free of the City’s restrictions.

Given the above, the Board on behalf of the Association, is submitting this letter to express interest in an exception to the code since Santa Rosa Cove has historically permitted 243 Click Here to Return to Agenda
City of La Quinta
September 14, 2021

STVR activity and there is a material amount of members within the community that ostensibly support the pursuit of such an exception. To be clear, the Board at this time has not made a formal decision on the matter of pursuing an exception, but wanted to at least alert the City to the possibility as there is certainly a high level of interest within the community on this topic.

Thank you in advance for your consideration of this letter. In the meantime, if the City has any questions or concerns regarding this letter, please do not hesitate to contact the undersigned.

Sincerely,
Santa Rosa Cove Homeowners Association
Board of Directors
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Los Estados @ Santa Rosa Cove
Homeowners Association
November 17, 2021
To: All Resident’s
From: Los Estados @ Santa Rosa Cove HOA Board of Directors Re: Short-Term Vacation Rental (STVR) Permits issued by the City of La Quinta (City) Dear Homeowners,
We have received a number of homeowner requests asking Los Estados at Santa Rosa Cove Homeowners Association (HOA) to write a letter to the City that STVRs are authorized under the HOA CC&Rs (Requested Letter).

In this regard, we have been advised by the HOA’s corporate counsel that the HOA’s CC&Rs do NOT expressly permit STVRs and as such (and consistent with the City of La Quinta Ordinance

3.25.055 A.3, which mandates that STVRs must be authorized by the HOA’s CC&Rs), the HOA cannot provide the Requested Letter since it would be factually inaccurate or worse, providing false information to the City.

Accordingly, unless the City changes the above referenced ordinance, the HOA will not provide the Requested Letter to any homeowner within our community.

Sincerely,
Your Board of Directors
Richard Garnett, President
Stanley Fry, Vice President
Timothy McGree, Secretary/Treasurer
LOS ESTADOS @ SANTA ROSA COVE HOMEOWNERS ASSOCIATION
C/O: ASSOCIA-DESERT RESORT MANAGEMENT
42-635 MELANIE PLACE, SUITE 103, PALM DESERT, CA 92211
760.346.1161 ⧫ 760.346.9918 FAX
245 Click Here to Return to Agenda

A FULL SERVICE COMMUNITY

ASSOCIATION LAW FIRM

GURALNICK & GILLILAND, LLP ATTORNEYS AT LAW
_______________
40-004 COOK STREET, SUITE 3
PALM DESERT, CALIFORNIA 92211
TELEPHONE: (760) 340-1515
FACSIMILE: (760) 568-3053
E-MAIL: [email protected]
PLEASE REFER TO FILE: 91-187
June 1, 2021

SENT VIA EMAIL AND FIRST CLASS MAIL
[email protected]
Danny Castro
Design & Development Director
City of La Quinta
Re: Los Estados Subdivision- Tract Map Number 23813 (Community) Dear Mr. Castro:

Our office is corporate counsel for Los Estados at Santa Rosa Cove Homeowners Association (hereinafter, “HOA”). In this regard we wish to provide you the following information in response to your letter dated April 29, 2021, a copy of which is attached hereto as Exhibit A and made part hereof by this reference, related to Non-Issuance of New Short-Term Vacation Rentals (hereinafter, “STVR”) as follows:

1. The Community is NOT a part of Santa Rosa Cove and consists of 40 single family residential lots/homes;

2. A list of all the common addresses of the Community are attached hereto as Exhibit B and made a part hereof by this reference;

3. The Community is not a part of the La Quinta Resort;

4. The Community is located within a residential zone;

5. The Community’s CC&Rs were recorded on April 14, 1989 as instrument number 103786 at the County Recorders Office of Riverside County California (hereinafter, “CC&Rs”);

6. Section 10.12 of the CC&Rs provide on Page 31 (see Exhibit C attached hereto and made a part hereof by this reference) that:
“No Owner shall further partition or subdivide his Lot, including without limitation, any division of his Lot into timeshare estates or timeshare uses; provided, however, that this provision shall not be construed to limit the right of an Owner (1) to rent or lease his entire Lot by means of a written lease or rental agreement subject to the restrictions of this Declaration, so long as the Lot is not leased for transient or hotel purposes; 2) to sell his Lot; or (3) to transfer or sell any Lot to more than one person to be held by them as tenants in common, joint tenants, tenants by the entirety.. or as community property. The terms of any such lease or rental agreement shall be made expressly subject to this Declaration and the Bylaws of the Association. Any failure by the lessee of such Lot to comply with the terms of this Declaration; the Bylaws of he Association or the Rules and Regulations shall constitute a default under the lease or rental agreement. 246 Click Here to Return to Agenda

GURALNICK & GILLILAND, LLP

ATTORNEYS AT LAW
On behalf of the HOA and its Board of Directors, we thank you for taking the time to consider this information particularly as it relates to City of La Quinta Ordinance related to STVRs.

Sincerely,

GURALNICK & GILLILAND, LLP
Wayne Guralnick
Wayne Guralnick
/ld – Enclosures
cc via email to: Board of Directors, LOS ESTADOS AT SANTA ROSA COVE HOMEOWNERS ASSOCIATION c/o Desert Resort Management, Attn.: Carol Calhoun, Senior Community Association Manager; cc via email to: City of La Quinta, Attn.: M. Lopez, Design & Development 91-187.City.0527.wpd
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248 Click Here to Return to Agenda
Created: 2023‐01‐29 19:14:45 [EST]
(Supp. No. 3, Update 3)

9.60.130 Recreational vehicle parking.

A. Intent. It is the intent of this section to provide for the orderly storage of recreational vehicles. It is intended to supplement any applicable state and/or local regulations which may be applicable.

B. Purpose. Recreation vehicles may be parked or stored on residentially zoned property only in accordance with the provisions set forth in this section. Recreational vehicles parked within a validly established recreation vehicle storage facility are exempt from the requirements of this section.

C. Definition. See Chapter 9.280. Passenger vans which have been converted for use as a recreational vehicle and do not exceed nine (9) feet in height are exempt from this section. This section shall not apply to commercial or construction vehicles which are regulated by Sections 12.32.110—12.32.130.

D. Storage of RVs.

1. Street Parking. No RV shall be parked, or stored, for more than seventy‐two (72) consecutive hours or for a combined total exceeding seventy‐two (72) hours during any seven (7)‐day period, at any public street location or combination of public street locations within the city.

2. Storage on Residential Property. No person shall store, park, or maintain any RV or parts thereof in any required front yard area of any property zoned RVL, RL, or RM. The recreational vehicle or parts thereof may be stored or parked in a side or rear yard provided that a lawfully installed and permanently maintained solid wall or fence six (6) feet in height screens such RV, or parts thereof from abutting property and from the public right‐of‐way. The area in which the RV is parked or stored, must be paved with concrete, asphalt, gravel, or similar materials, and must extend to the width and length of the RV. Areas containing grass or native soil are not approved for the parking or storage of RVs.

RVs may be parked or stored in the front, side, or rear yards of residential properties located in the RC zone; provided, that the area in which the RV is parked or stored is paved with concrete, asphalt, gravel, or similar materials, and must extend to the width and length of the RV. A property owner who owns a vacant lot immediately adjacent to their permanent place of residence, may park only their RV on said lot with appropriate pad. Areas containing grass or native soil are not approved for the parking or storage of RVs. RVs parked in the driveway or immediately adjacent to and parallel to the driveway, may encroach into the right‐of‐way, provided that no part of the RV extends over any sidewalk, curb, or travelway.

E. Storage on Commercial Property. The storage of RVs is prohibited on commercially zoned property unless it is in a validly established RV storage, sales, or repair facility.

F. Habitation. Habitation of any RV legally parked or stored, is not to exceed seventy‐two (72) hours or for a combined total exceeding seventy‐two (72) hours during any seven (7)‐day period, at any location or combination of locations within the city.

G. Utilities. Legally parked or stored RVs may be connected to an approved source of electricity in conformance with the National Electric Code. Except for in a legally established RV park, water and sewer connections cannot be made to any RV unless it is for temporary maintenance purposes. No generator may be used in any RV parked or stored in the city unless it is for temporary servicing or during a lapse of commercial electrical power in the area in which the RV is located.

H. RV Maintenance. It is unlawful and a public nuisance to park, store, or leave standing in public view, upon any public or private property, any RV that is wrecked, dismantled, unregistered, inoperative or otherwise unsightly. Any RV shall be deemed unsightly when body parts rust or become corroded, paint becomes faded, chipped, or peeled, or the RV exterior becomes otherwise dilapidated.

I. Enforcement.

ATTACHMENT 5249 Click Here to Return to Agenda
Created: 2023‐01‐29 19:14:45 [EST]
(Supp. No. 3, Update 3)

1. Any violation of this section which occurs in the public right‐of‐way is declared a public nuisance and is subject to citation and/or removal at the owner's expense.

2. Any violation of this section which occurs on private property is declared a public nuisance and is subject to citation and/or formal abatement procedures as contained in Chapter 11.72 of the La Quinta Charter and Municipal Code.
( Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 301 § 2, 1997) 250 Click Here to Return to Agenda
Created: 2023‐01‐29 19:14:45 [EST]
(Supp. No. 3, Update 3)

9.50.100 Additional bedrooms.

This section provides the following minimum developmental standards applicable to the addition to an existing single‐family dwelling or modification to the floor plan configuration of an existing single‐family dwelling that results in additional bedrooms.

A. Existing single‐family dwelling units may not exceed maximum bedrooms as follows:

Single‐Family Dwellings
Livable Area in sq. ft.   Bedrooms Max. No.
2,000 or less   4
2,001—2,850   5
2,851—3,500   6
Greater than 3,500   8
B. The total area of all bedrooms shall not exceed thirty‐five percent (35%) of the total livable area of the dwelling. The calculation of bedroom area shall not include closets or bathrooms.

C. When as a result of new construction or modification of a single‐family dwelling the number of bedrooms is proposed to equal or exceed four (4), an additional garage space of ten (10) by twenty (20) feet shall be provided if such single‐family dwelling has existing garage space for only two (2) vehicles. Access to the additional garage space shall be from existing driveways and not result in new street curb cuts. Additional garage space may not be required if applicant can provide evidence of sufficient off‐street parking spaces (e.g., driveway space, carport), to the satisfaction of the design and development director or designee.

D. Bedrooms added as a result of new construction or modification of a single‐family dwelling shall be used only by the occupants of the main residence, their non‐paying guests, or domestic employees. No additional bedrooms may be rented or used as a short‐term vacation rental ("STVR") except upon application and issuance of a STVR permit pursuant to Chapter 3.25 of this code. ( Ord. 577 § 1, 2019; Ord. 571 § 1, 2018; Ord. 489 § 1, 2011; Ord. 440 § 2, 2007)

ATTACHMENT 6251 Click Here to Return to Agenda
Created: 2023‐01‐29 19:14:45 [EST]
(Supp. No. 3, Update 3)

9.60.100 Guesthouses.

A. Purpose. This section provides standards and criteria for the establishment of guesthouses where such units are permitted in accordance with Section 9.40.030 and are not detached accessory dwelling units subject to Section 9.60.090(D).

B. Definitions. See Chapter 9.280.

C. Limitations. One (1) guesthouse may be established on any single‐family residential lot as a permitted accessory use. In the cove residential, medium density residential, medium‐high density residential and high density residential zones, only one (1) guesthouse may be permitted on a lot, unless otherwise approved through a specific plan. In the very low density residential and low density residential zones, more than one (1) guesthouse may be permitted with director approval.

D. Standards for Guesthouses. Guesthouses shall not be permitted when duplexes, triplexes, or apartments occur on the lot. All guesthouses shall conform to the following standards:

1. Detached guesthouses shall conform to all applicable building code standards and all development and design standards of the zoning district in which they are located. In addition, the height of the guesthouse shall not exceed seventeen (17) feet and shall not be more than one (1) story.

2. Guesthouses shall be architecturally compatible with the main unit.

3. The floor area of the guesthouse shall not exceed thirty percent (30%) of the existing living area of the principal residence.

4. The placement of a guesthouse on a lot shall not result in violation of the lot coverage maximums set forth in Section 9.50.030.

5. If a private sewage disposal system is used, approval of the local health officer shall be required.

6. When constructed with tract homes or prototypical residential units, guesthouse location and design shall be reviewed and approved as a part of the site development permit process. On an individual single‐family lot of record, guesthouses shall be reviewed and approved for conformance with these provisions during the building permit plan check process.

7. Guesthouses shall have no more than two (2) bedrooms. ( Ord. 584 § 2, 2020; Ord. 571 § 1, 2018; Ord. 550 § 1, 2016; Ord. 512 § 1, 2013; Ord. 480 § 1, 2010; Ord. 445 § 3, 2007; Ord. 394 § 2, 2003; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996) 252 Click Here to Return to Agenda
PLANNING COMMISSION MINUTES Page 1 of 5 JANUARY 24, 2023

PLANNING COMMISSION

MINUTES
TUESDAY, JANUARY 24, 2023

CALL TO ORDER
A regular meeting of the La Quinta Planning Commission was called to order at 5:00 p.m. by Chairperson Currie.

PRESENT: Commissioners Caldwell, Hassett, McCune, Nieto, Tyerman, and Chairperson Currie
ABSENT: Commissioner Guerrero
STAFF PRESENT: Design & Development Director Danny Castro, Public Works Director/City Engineer Bryan McKinney, Planning Manager Cheri L.

Flores, Senior Planner Carlos Flores, Associate Planner Siji Fernandez, Commission Secretary Tania Flores

PLEDGE OF ALLEGIANCE
Commissioner Tyerman led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None.

CONFIRMATION OF AGENDA
MOTION – A motion was made and seconded by Commissioners Caldwell/Hassett to confirm the agenda as published. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Guerrero).

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATION

1. INTRODUCE NEWLY APPOINTED COMMISSIONER ELISA GUERRERO This item was skipped due to Commissioner Guerrero’s absence.

CONSENT CALENDAR

1. APPROVE MEETING MINUTES DATED DECEMBER 13, 2022

2. ADOPT A RESOLUTION FINDING THE PROPOSED PURCHASE BETWEEN THE CITY OF LA QUINTA AND JAMES Y. CATHCART AND MARIA CATHCART, AND REPORTS AND INFORMATIONAL ITEM NO. 27
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PLANNING COMMISSION MINUTES Page 2 of 5 JANUARY 24, 2023

BRUCE AND LORA CATHCART FOR CERTAIN REAL PROPERTY COMPRISING OF APPROXIMATELY 0.14 ACRES AT 51001 EISENHOWER DRIVE,
SOUTHWEST CORNER EISENHOWER DRIVE AND CALLE TAMPICO (APN: 773- 065-012) CONSISTENT WITH THE 2035 GENERAL PLAN; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, COMMON SENSE

EXEMPTION
MOTION – A motion was made and seconded by Commissioners Caldwell/Hassett to approve the Consent Calendar as recommended., with Item No. 2 adopting Planning Commission Resolution No. 2023-001. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Guerrero).

BUSINESS SESSION – None.

STUDY SESSION – None.

PUBLIC HEARINGS

1. ADOPT A RESOLUTION TO APPROVE A VARIANCE (VAR2022-0001) TO ALLOW

FOR A TEN-FOOT FRONT YARD SETBACK FOR A PROPOSED CASITA EXTENSION WITHIN THE RANCHO LA QUINTA SPECIFIC PLAN AREA; CEQA:

THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT

THIS PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15305(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN

THAT THE PROPOSED PROJECT CAN BE CHARACTERIZED AS MINOR ALTERATIONS IN LAND USE LIMITATIONS; LOCATION: 79075 RANCHO LA

QUINTA DRIVE
DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None.

Associate Planner Fernandez presented the staff report which is on file in the Design and Development Department.

Staff answered questions regarding properties located in the vicinity of the subject property and their non-compliance with the current Municipal Code and Specific Plan for this area and whether the encroaching properties were permitted as additions or with the original building; and public comment received regarding the Variance.

CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING OPEN AT 5:13 P.M.

PUBLIC SPEAKER: Applicant Doug Howard, Designer and Co-owner of Cherokee Homes, introduced himself and answered questions regarding removal of current landscaping and palm trees; and neighbor and Homeowner Association (HOA) approvals.

CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING CLOSED AT 5:15 P.M. 254 Click Here to Return to Agenda
PLANNING COMMISSION MINUTES Page 3 of 5 JANUARY 24, 2023 Commission discussion followed regarding the project’s consistency with the neighboring properties; the lack of negative comments from neighbors; and the distance from the roadway after approval of the requested variance.

MOTION – A motion was made and seconded by Commissioner Caldwell/Chairperson Currie to adopt Planning Commission Resolution No. 2023-002 to approve Variance 2022-0001, subject to the Findings and Conditions of Approval, and find that the project exempt from environmental review pursuant to Section 15305(a) of the California Environmental Quality Act in that the proposed project can be characterized as a minor alteration in land use limitations, as recommended:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA

QUINTA, CALIFORNIA, APPROVING A VARIANCE TO ALLOW FOR A REDUCTION OF THE FRONT YARD SETBACK LOCATED AT 79075 RANCHO

LA QUINTA DRIVE
CASE NUMBER: VARIANCE 2022-0001
APPLICANT: DOUG HOWARD
Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Guerrero).

2. CONTINUED FROM DECEMBER 13, 2022: ADOPT A RESOLUTION APPROVING A MODIFICATION BY APPLICANT (MBA2022-0004) AND CONDITIONAL USE PERMIT AMENDMENT (CUP2022-0003) TO ALLOW FOR A NEW 2,129 SQUARE

FOOT TOOL RENTAL CENTER ADDITION AND MODIFICATIONS TO THE OUTDOOR DISPLAYS AND SALES AREA AT AN EXISTING HOME DEPOT; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15301(e)(1) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, EXISTING FACILITIES; LOCATION: 79900 HIGHWAY 111 DECLARATIONS REGARDING COMMISSION PUBLIC CONTACT – None.

Associate Planner Fernandez presented the staff report which is on file in the Design and Development Department.

Staff answered questions regarding traffic and vehicle flow, and pedestrian traffic and safety concerns with the changes to the Truck Rental location.

COMMISSION SECRETARY NOTED THE PUBLIC HEARING REMAINED OPEN FROM THE DECEMBER 13, 2022, MEETING.

PUBLIC SPEAKER: Scott Mommer, President of Lars Anderson and Associates and Site Development Coordinator for Home Depot and this project, thanked the Commission for continuing this item to allow reconfiguration of the plans with Commission suggestions and recommendations.

CHAIRPERSON CURRIE DECLARED THE PUBLIC HEARING CLOSED AT 5:29 P.M. 255 Click Here to Return to Agenda
PLANNING COMMISSION MINUTES Page 4 of 5 JANUARY 24, 2023 Commission thanked the applicant for revising the plans to including the Commission’s recommendations from the December 13, 2022, meeting; and expressed support for the current proposed layout’s aesthetics and consistency with the Highway 111 Corridor plans; increased safety of the exit off the property; and the reached a consensus to approve the project.

MOTION – A motion was made and seconded by Commissioner Hassett/Chairperson Currie to adopt Planning Commission Resolution No. 2023-003 to approve Conditional Use Permit (CUP) Amendment 2022-0003 and Modification by Applicant (MBA) 2022- 0004, subject to the Findings and Conditions of Approval, and finding the project exempt from environmental review pursuant to section 15301(e)(1) of the California Environmental Quality Act regarding existing facilities, as recommended:

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA

QUINTA, CALIFORNIA, APPROVING A MODIFICATION BY APPLICANT AND CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR A NEW 2,129

SQUARE FOOT TOOL RENTAL CENTER ADDITION, AND MODIFICATIONS TO THE OUTDOOR DISPLAYS AND SALES AREA LOCATED AT 79900 HIGHWAY 111
CASE NUMBERS: MODIFICATION BY APPLICANT 2022-0004; CONDITIONAL USE PERMIT 2022-0003 (CONDITIONAL USE PERMIT 2016-0004
AMENDMENT 2)
APPLICANT: LARS ANDERSON AND ASSOCIATES INC
Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Guerrero).

STAFF ITEMS
Planning Manager Flores provided information regarding the upcoming League of California Cities Planning Commissioners Academy taking place March 29 through 31 in Garden Grove, California, and asked for the Commission to notify Staff if they are interested in attending; and noted Council has approved 3 Commissioners and 1 Staff to attend this year.

Public Works Director/City Engineer McKinney provided information regarding the Dune Palms Road Bridge project including that construction would start on January 30, 2023, general timeline and phasing of the project, and advised the Commission and public to use alternate routes if possible, during construction; answered questions regarding additional road improvements, flooding impacts on construction, the design and lighting on the bridge, public outreach to the community and nearby schools.

COMMISSIONER ITEMS
Commissioner Caldwell thanked the City and the Planning Department for the time and effort spent in planning services for the recent American Express Golf Event and reported moderate traffic delays and congestion during the event. 256 Click Here to Return to Agenda
PLANNING COMMISSION MINUTES Page 5 of 5 JANUARY 24, 2023

ADJOURNMENT
There being no further business, a motion was made and seconded by Commissioners Nieto/Hassett to adjourn at 5:41 p.m. Motion passed: ayes – 6, noes – 0, abstain – 0, absent – 1 (Guerrero).

Respectfully submitted,
TANIA FLORES, Commission Secretary
City of La Quinta, California
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