Agenda packet — La Quinta City Council, November 7, 2023 (part 3 of 3)

2. Public Welfare
Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment meets State housing law regulations for development of accessory dwelling units, allow for site design flexibility for various residential features, clarifies language in the municipal zoning code, and does not incorporate any changes that affect the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. TITLE 9 shall be amended as written in “Exhibit A” attached hereto.

SECTION 2. The proposed zone text amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zone text amendments are consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendments implement the goals, policies, and programs of the General Plan.

SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2023-1000, as set forth in attached “Exhibit A” for the reasons set forth in this Ordinance.

SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least two public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta.

SECTION 6. CORRECTIVE AMENDMENTS: That the City Council does hereby grant the City Clerk the ability to make minor amendments to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the 527 CLICK HERE to Return to Agenda
Ordinance No. XXX
Amendment to Title 9
Adopted: __________, 2023

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fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this November 7, 2023, by the following vote:

AYES:

NOES:

ABSENT:

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Ordinance No. XXX
Amendment to Title 9
Adopted: __________, 2023

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. ________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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9.50.030 - Table of development standards.

A. Definitions. See Chapter 9.280.

B. Table of Standards. Table 9-2 and the illustrations in Section 9.50.040, following, set forth standards for the development of property within residential districts. However, standards different from those in Table 9-2 shall apply if special zoning symbols described in Section 9.20.030 are designated on the official zoning map.

Table 9-2 Residential Development Standards
Development Standard District

RVL RL RC RM RMH RH
Minimum lot size for
single-family dwellings
(sq. ft.)
20,000 7,200 7,200 5,000 3,600 2,000
Minimum project size
for multifamily projects
(sq. ft.)
n/a n/a n/a n/a 20,000 20,000
Minimum lot frontage
for single-family
dwellings (ft.) 1
100 60 60 50 40 n/a
Minimum frontage for
multifamily projects (ft.) n/a n/a n/a n/a 100 100
Maximum structure
height (ft.) 2 28 28 17 28 28 40
Maximum number of
stories 2 2 1 2 2 3
Minimum front yard
setback (ft.) 3 30 20 20 20 20 20
Minimum garage
setback (ft.) 4 30 25 25 25 25 25
Minimum
interior/exterior side
yard setback (ft.) 54,6, 7
10/20 5/10 5/10 5/10 5/10 10/15
Minimum rear yard
setback (ft.)7
6 30
20 for new
lots and 10
for existing
recorded
lots 87
10 15 15 20
Maximum lot coverage
(% of net lot area) 40 50 60 60 60 60
Minimum livable area
excluding garage (sq. ft.) 2,500 1,400 1,200 1,400
1,400
(multifamily:
750)
750 for
multifamily
Minimum common open
area 65 n/a n/a n/a 30% 30% 30%
Minimum/average
perimeter landscape
setbacks (ft.) 65
10/20 10/20 n/a 10/20 10/20 10/20
Symbol Description of Special Zoning Symbols
Used as per Section 9.20.030
60-RM-10,000
17/1
60-foot minimum lot frontage, medium density residential zoning, 10,000 square foot minimum lot size, 17-foot maximum building height at one story RL 10,000
17/1
Low density residential zoning, 10,000 square foot minimum lot size, 17-foot maximum building height at one story
ORDINANCE NO. XXX
ZONING ORDINANCE AMENDMENT 2023-1000
ADOPTED: _________, 2023
PROJECT: 2023 CODE TUNE UP

EXHIBIT A
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Development Standard District

RVL RL RC RM RMH RH
RM
17/1
Medium density residential zoning, 17-foot maximum building height at one story
RL
17/1 Low density residential zoning, 17-foot maximum building height at one story * As shown on the approved specific plan for the project. ** As provided in the underlying base district.
1 Minimum lot frontage on cul-de-sacs and knuckles shall be 35 feet. Minimum lot frontage for flag lots shall be 15 feet. 2 Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any general plan-designated image corridor, except in the RC zone, which is 17 feet. Any proposed building height over 22 feet requires minor use permit approval and shall not exceed a maximum building height of the existing zone. 3 For non-garage portions of dwelling only. Also, Pprojects with 5 or more adjacent single-family dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. For side-entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. 4 For all but RVL district, minimum garage setback shall be 20 feet if "roll-up" type garage door is used. Also, for side-entry type garages, the garage setback may be reduced to 20 feet in the RVL district and 15 feet in all other residential districts. 54 The following are exceptions to the minimum side setbacks shown: For interior side yards in the RL, RM and RMH districts, if the building is over 17 feet in height, the setback is 5 feet plus 1 foot for every foot over 17 feet in height or fraction thereof, to a maximum setback of 10 feet. The additional setback may be provided entirely at grade level or a combination of at grade and airspace above the 17-foot building. For RH, 5 feet minimum plus 1 foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between 5 and 10 feet from said side yard property line. For interior setbacks, if the building is over 28 feet in height the setback is 10 feet plus 1 foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 65 Common open area and perimeter landscape requirements do not apply to single-family detached projects unless a specific plan is required.

Common open area equals percent of net project area. Perimeter landscape setbacks are adjacent to perimeter streets: first number equals minimum at any point; second number equals minimum average over entire frontage (thus, 10/20). See Section 9.60.230 and additional landscape/open area standards.
76 Rear and side yard setbacks for residential units abutting the image corridor shall be a minimum of 25 feet with the exception of RVL zone district where it only applies to the side yard.
87 Existing recorded lots prior to May 1, 1997.
( Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 584 § 2, 2020; Ord. 562 § 1, 2017; Ord. 550 § 1, 2016; Ord. 466 § 1, 2009; Ord. 434 § 2, 2007; Ord. 325 § 1, 1998; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 531
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9.60.090 Accessory dwelling units.

A. Purpose. This section provides standards and criteria for the establishment of accessory dwelling units and junior accessory dwelling units, consistent with California Government Code Section 65852.2, subdivision (a)(1) and 65852.22. Accessory dwelling units shall be permitted only in the zones that allow single family or multifamily uses: RVL, RL, RC, RM, RMH, RH, CR, CP, CC, CN, TC, CO and VC zone districts. Junior accessory dwelling units are permitted in single family zones:

RVL, RL, RC, RM, RMH, and RH zone districts.

B. Definitions. See Chapter 9.280. For purposes of this section, "second residential unit," "second dwelling unit," "second unit," and "granny flat" as defined in Section 9.280.030 (or successor section) shall not apply, and, instead, "accessory dwelling unit" as defined in California Government Code Section 65852.2(i)(4) (or successor section in the Government Code) shall apply. An accessory dwelling unit shall be either "attached" or "detached" to the primary residence as described in Government Code Section 65852.2(i)(4) (or successor statute). In addition, the following definitions shall apply for purposes of this section:

1. "Junior accessory dwelling unit" means a unit that is no less than one hundred fifty (150) square feet and no more than five hundred (500) square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

2. "Living area" shall have the same meaning as California Government Code Section 65852.2(i)(1) (or successor section in the Government Code), notwithstanding any provision in Section 9.280.030 of this code to the contrary.

3. "Primary residence" shall have the same meaning as "dwelling, main or Primary residence" as defined in Section 9.280.030 (or successor section).

4. "Public transit" means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public (consistent with Government Code Section 65852.2, subdivision (j)(9).

C. Standards for Accessory Dwelling Units. The following standards shall apply to accessory dwelling units:

1. Except as provided in Government Code Section 65852.26, the accessory dwelling unit may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence.

2. The lot is zoned to allow single-family or multifamily dwelling use and includes a proposed or existing dwelling.

3. The accessory dwelling unit is either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling, including detached garages.

4. The total floor area of an attached accessory dwelling unit shall not exceed fifty (50) percent of the primary dwelling or eight hundred fifty (800850) square feet feet, or 1,000 square feet for a unit that provides more than one bedroom, if the primary dwelling is less than one thousand six hundred (1,600) square feet.

5. The total floor area for a new detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet.

6. An accessory dwelling unit shall include a kitchen and bathroom. 532 CLICK HERE to Return to Agenda
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7. An efficiency unit as defined by Section 17958.1 of the California Health and Safety Code must be a minimum of one hundred fifty (150) square feet.

8. No passageway shall be required in conjunction with the construction of an accessory dwelling unit.

9. No setback shall be required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimensions as an existing structure.

10. The building code requirements in effect at the time a building permit is secured shall apply to detached dwellings. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

11. The accessory dwelling unit must be approved by the Riverside County Department of Environmental Health and the Regional Water Quality Control Board where a private sewage disposal system is being used or proposed.

12. Parking requirements for accessory dwelling units shall not exceed one (1) parking space per accessory dwelling unit or per bedroom, whichever is less. These spaces may be provided as tandem parking on a driveway.
a. Off-street parking shall be permitted in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. b. There shall be no additional parking requirement for an accessory dwelling unit in any of the following instances:
i. The accessory dwelling unit is located within one-half (½) mile walking distance of public transit.
ii. The accessory dwelling unit is located within an architecturally and historically significant historic district.
iii. The accessory dwelling unit is part of the proposed or existing primary residence or an accessory structure.
iv. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. When there is a car share vehicle located within one (1) block of the accessory dwelling unit.
vi. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.
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c. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces need not be replaced.

13. One (1) accessory dwelling unit and one (1) junior accessory dwelling unit is permitted per lot with a proposed or existing single-family dwelling if all of the following apply:
a. The accessory dwelling unit or junior accessory dwelling unit is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure and may include an expansion of not more than one hundred fifty (150) square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing accessory structure shall be limited to accommodating ingress and egress.
b. The space has exterior access from the proposed or existing single-family dwelling. c. The side and rear setbacks are sufficient for fire and safety. d. The front yard setback of the underlying zone shall apply, unless either the attached or detached units does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other development standards.
d. The junior accessory dwelling unit complies with the requirements of California Government Code Section 65852.22.

14. One (1) detached, new construction, accessory dwelling unit that does not exceed four (4)-foot side and rear yard setbacks for a lot with a proposed or existing single-family dwelling. The accessory dwelling unit may be combined with a junior accessory dwelling unit described in subsection D, if the accessory dwelling unitit complies with the following:
a. A total floor area limitation of not more than eight hundred (800) square feet. b. A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or multifamily dwelling unit.
c. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. d. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. e. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.
f. A height of 25 feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

15. Multiple accessory dwelling units are permitted within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with state building standards for dwellings.
a. One (1) accessory dwelling unit is permitted within an existing multifamily dwelling and up to twenty-five (25) percent of the existing multifamily dwelling units may contain an accessory dwelling unit.
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b. Not more than two (2) accessory dwelling units that are located on a lot that has an existing multifamily dwelling, but are detached from that multifamily dwelling are permitted, and are subject to a height limits of sixteen (16) feetas listed in subsection 14, and four (4)-foot rear yard and side setbacks.
c. If the existing multifamily dwelling has a rear or side setback of less than four feet, no modification of the existing multifamily dwelling shall be required.

16. Accessory dwelling units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

17. A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.
1718. An accessory dwelling unit that is rented must be rented for terms longer than thirty (30) days. Under no circumstances shall an accessory dwelling unit be eligible for a short shortterm vacation rental permit. 1819. In the event of any conflicts between the standards set forth in this section and those set forth in the regulations of the applicable zoning district, the provisions of this section shall prevail.
1920. The applicant shall pay to the city all applicable fees imposed on such new development of an accessory dwelling unit or new or rehabilitated primary residence that will include an accessory dwelling unit, provided, however, that no impact fee shall be imposed upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet, and any impact fees charged for an accessory dwelling unit of seven hundred fifty (750) square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

D. Standards for Junior Accessory Dwelling Units. The following standards shall apply for junior accessory dwelling units:

1. Junior accessory dwelling units shall be limited to one (1) per residential lot zoned for singlefamily residences with a single-family residence already built or proposed to be built, on the lot.

2. The single-family residence in which the junior accessory dwelling unit will occur must be owner-occupied. The owner may reside in either the remaining portion of the structure or the newly created junior accessory dwelling unit. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

23. Prior to issuance of occupancy approval of the accessory dwelling unit, the city may require the property owner to enter into a restrictive covenant with the city prohibiting the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and restricting the size and attributes of the junior accessory dwelling unit that conforms with this section.

34. A junior accessory dwelling unit must be constructed within the walls of the proposed or existing single-family residence.

45. A junior accessory dwelling shall provide a separate entrance from the main entrance to the proposed or existing single-family residence.

56. A junior accessory dwelling unit shall include an efficiency kitchen, which shall include all of the following:
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a. A cooking facility with appliances, and
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

67. Parking: A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence.

78. For the purposes of providing service for water, sewer, or power, including a connection fee, a junior accessory dwelling unit shall not be considered a separate or new dwelling unit.

E. A permit application for an accessory dwelling unit or a junior accessory dwelling unit shall be considered and approved ministerially without discretionary review or a hearing. The director, or his/her designee, shall act on the application within sixty (60) days from the date the application is found complete if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory dwelling unit or a junior accessory dwelling unit is submitted with a permit application to create a new single-family dwelling on the lot, the director may delay acting on the permit application for the accessory dwelling unit or the junior accessory dwelling unit until the issuance of a building permit for the new single-family dwelling. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.

1. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

2. The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

F. If an application for an accessory dwelling unit or junior accessory dwelling unit is submitted or required to be submitted with any other applications that require or permit ministerial or discretionary review under the code, nothing in this section precludes the processing and review of those other applications pursuant to those other provisions in the code. ( Ord. 602 Exh. A, 2022; Ord. 588 § 2(Exh. A), 2-2-2021; Ord. 561 § 1, 2017; Ord. 550 § 1, 2016; Ord. 445 § 2, 2007; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996)
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9.60.150 - Tennis and other game courts.

A. Permits Required. Construction of tennis and other game courts, including fencing, may be permitted as indicated in Section 9.40.030. Enclosed game courts shall comply with Section 9.60.050, Storage and other accessory buildings. All lighted game courts, where permitted, shall require approval of a minor use permit by the director or conditional use permit by the planning commission processed in accordance with Section 9.210.020.

B. Development Standards. Game courts shall meet the following minimum development standards:

1. Fences. A maximum twelve (12)-foot-high fence (measured from the finished grade of the court) shall be allowed. Fences may include a dark, nonreflective screening material. If the fencing is chain link, it shall be vinyl-coated or painted in a dark color such as dark green or black.

2. Setbacks. Minimum setbacks from property lines for game courts shall be:
a. Front yard: twenty (20) feet.
b. Side yard: ten (10) feet.
c. Rear yard: ten (10) feet.

The preceding minimum setbacks shall be increased by three (3) feet for every foot of abutting court fence height over eight (8) feet. In addition, if the setback from any side or rear property line is less than thirty (30) feet, the finish grade of the court shall be a minimum of four (4) feet lower than the finish grade at the applicable side or rear property line.

3. Block Wall. Where the tennis or game court is set back 10 to 30 feet from the front, side, or rear property lines, a block wall six (feet) in height shall exist or shall be constructed along those property lines.

43. Lighting. Game court lighting shall conform to the requirements of Section

9.60.160 (Outdoor lighting). In addition, a maximum of eight (8) lights (i.e., eight (8) individual light sources) shall be permitted and mounting standard height shall not exceed eighteen (18) feet measured from the court surface. Courts shall not be lighted after 10:00 p.m.

54. Glare. The surface area of any game court shall be designed, painted, colored and/or textured to reduce the reflection from any light source.

65. Landscaping. Landscaping shall be installed and maintained between the court fence and property line. A landscape plan shall be submitted with the building permit application, reviewed and approved by the director, and implemented at the same time as court construction.
( Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 299 § 1, 1997; Ord. 284 § 1, 1996) 537 CLICK HERE to Return to Agenda

9.60.340 - Flagpoles.

Flagpoles shall be allowed in all residential zoning districts subject to the following standards:

A. Height of flagpoles shall not exceed twenty (20) feet.

B. Flagpoles shall not beare allowed within any yard, except if a yard not abutsting another residential lotopen space, a golf course, or a street, flagpoles shall maintain a minimum setback distance of 5 feet from any property line. The minimum setback for flagpoles shall be ten (10) feet from any property line.

C. Installation of flagpoles shall require a building permit.

D. Flagpoles that were installed prior to February 14, 2019, but otherwise meet the height limitation in this section, shall be allowed to remain in place so long as a building permit is obtained if there was no building permit issued previously. Proof of installation or existence of flagpoles prior to February 14, 2019 may be required. 538 CLICK HERE to Return to Agenda

9.110.060 - FP Floodplain District.

A. Purpose and Intent. To protect life and property from flood flows and to establish criteria for land use consistent with state law and with the criteria promulgated by the Federal Emergency Management Agency.

B. Development Standards. Development standards shall be as required for needed flood control improvements and shall conform to the supplemental requirements for the FP district set forth in Section 9.140.030.

C. District Boundaries. The FP overlay district shall include all areas within the city that are designated as "Special Flood Hazard Areas Inundated by One Hundred-Year Flood" on Flood Insurance Rate Maps (FIRM) provided by the Federal Emergency Management Agency (FEMA). These include the "A" and "AO" flood hazard zones.

The boundaries of the FP district are generally shown on the official zoning map. See FEMA FIRM maps for specific locations.
(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)
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Suggested Change Affected Code Section(s) Reason(s)
Accessory Dwelling Units (ADU) regulations per state law 9.60.090 Changes in state law. Minimum garage setback for residential - change to 20 ft instead of 25 in RL and up 9.50.030 Change standard to what footnote says--roll up doors are most common now. Tennis and other Game Courts 9.60.150 Remove the requirement that court must be lower grade; allow at least 10 feet from front, side, and rear setbacks with 6-foot block wall along property lines.

Flagpoles 9.60.340
Provide additional opportunity where the yard abuts open space, a golf course, or a street, allow flagpoles to be located at least 5 feet from any property lines.

Floodplain District – remove the word “Overlay” from “Floodplain Overlay District” 9.110.060 Consistency with other code sections that call FP a base district not overlay.

ATTACHMENT 1
540
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WRITTEN
PUBLIC

COMMENT
Public Hearing No. 2

ZONING ORDINANCE
AMENDMENT 2023-1000
November 7, 2023
ATTACHMENT 2
541 CLICK HERE to Return to Agenda
1 From: Mike Broadwell <[email protected]>
Sent: Tuesday, October 24, 2023 12:45 PM
To: City Clerk Mail
Subject: Written Comments. Mike Broadwell, La Quinta concerning Flag Poles.

Follow Up Flag: Follow up
Flag Status: Flagged
** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** City Council Members.

I understand there will be a vote on November 7th to change the Flag Pole regulaƟons. The proposed change from 10 feet to 5 feet from the backyard property line that backs up to a golf course or an open area should be approved. Most neighborhoods in La Quinta have HOA’s that already have rules and regulaƟons on Flag Poles already. In my opinion, HOA’s should decide Flag Pole issues not the city. There are a lot of homes that do not have an area 10 feet from the back property line and should not be blocked on their ability, and their right to put in a Flag Pole.

I do not understand the issue as it is ok to have major view blocking palm trees within a few feet of your neighbors property but not a Flag Pole. I love the American spirit of the people of La Quinta that are patrioƟc and want to fly our country’s flag! I am in favor of the proposed changes and believe they sƟll do not do far enough in favor of the American Flag.

Please approve the proposed change on November 7th.

Thank you!
Mike Broadwell
IMPORTANT NOTICE: This electronic mail message, including any attachments, may contain privileged and confidential information that is intended solely for the use of the individual or entity addressed above. If you are not the intended recipient, or otherwise have reason to believe that you have received this electronic mail message in error, you are hereby notified that any retransmission, dissemination, distribution, copying or taking of any action in reliance upon information of this communication is strictly prohibited. If you have received this communication in error, please notify us by email and delete this message and destroy any paper copies. Thank you for your cooperation.

Some people who received this message don't often get email from [email protected]. Learn why this is important CITY COUNCIL MEETING - NOVEMBER 7, 2023 - WRITTEN PUBLIC COMMENTS BY RESIDENT MICHAEL BROADWELL PUBLIC HEARING ITEM NO. 2 - FLAGPOLE REGULATIONS
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1 From: Sam and Sharon Dickinson <[email protected]> Sent: Tuesday, October 24, 2023 10:18 AM
To: City Clerk Mail
Subject: written comments
Follow Up Flag: Follow up
Flag Status: Flagged
** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. ** Sam Dickinson
52218 Aracena
La Quinta Ca.

Flag Poles
City Council members,
On November 7th you will be voting on a change to the cities flag pole regulation. Although this is an improvement on the current regulation, I don’t think it goes far enough. A majority of the homes in La Quinta are in a HOA. Why not let the HOA’s control flag poles. My HOA has a max of 15ft. and you can only fly the U.S. flag. Sometimes one size doesn’t fit every situation.

Below is a picture of where my flag used to be. I removed it after the HOA asked me to. Yes it was 2 feet from my neighbors property. We chose that location not to upset our neighbors, but because the palm trees they planted inside of 2 ft. of our property were already blocking our view of the Mts. We would rather look at our flag. Their palms and my pole only blocked sky for them. Yes when the wind blows in their direction it flys over their property. But wind or no wind their palm tree hangs over my property. Our flag pole was lighted by one up light, just like palm trees are. Not sure why a pole flying the American Flag holds less value than a palm tree, do you?
Some people who received this message don't often get email from [email protected]. Learn why this is important CITY COUNCIL MEETING - NOVEMBER 7, 2023 - WRITTEN PUBLIC COMMENTS BY RESIDENTS SAM & SHARON DICKINSON PUBLIC HEARING ITEM NO. 2 - FLAGPOLE REGULATIONS
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2 Below is one of my neighbors flag pole. It is 3 1/2 feet from his back property line. He only has neighbors on the one side, where all the large palms are. He can’t move back farther unless he goes closer to their property. Which they don’t want. I think those 4 palms within 2 feet of the property line block a lot more view than one flag pole.
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3 Below is another neighbor flag pole that is 5 ft. from his neighbors property. The only way to move it farther away is to move it much closer to the back end of his property. But his neighbor didn’t want that. So he located it just where his neighbor wanted it.
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4 If the HOA’s had control both flag poles could stay and both neighbors would be happier.

Most homes on golf courses don’t have big backyards and 99% have pools. This leaves few areas to locate a flag pole. Why make it harder. Andalusia HOA didn’t even know there is a permit requirement. And I’m sure most of the HOA’s are also unaware of it. So why not let HOA’s decide. Besides we all know how much they like to make up rules. My point is when it comes to flag poles one rule doesn’t fit all situations. Many times less government is better government.

Thanks for your time,
Sam Dickinson
USAF retired
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1 From: Darrell Mayeux <[email protected]>
Sent: Friday, October 27, 2023 10:25 AM
To: City Clerk Mail
Subject: "Written comments" re Flag Pole ordinance from D Mayeux, resident of Andalusia CC, La Quinta [Some people who received this message don't often get email from [email protected]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] ** EXTERNAL: This message originated outside of the City of La Quinta. Please use proper judgement and caution when opening attachments, clicking links or responding to requests for information. **
HOAs have well thought out regulations developed to fit the preferences of the majority of the residents of that community. Where no HOA exists, it is important that the city establish regulations that best suit the majority of those homeowners. If an HOA has a regulation, especially regarding esthetic issues, it should be respected as appropriate for those particular homeowners and not “overridden” by a city ordinance.

The proposed change to the city’s flagpole regulation is at least a modest step in that direction.

Respectfully,
Darrell Mayeux
Andalusia CC
CITY COUNCIL MEETING - NOVEMBER 7, 2023 - WRITTEN PUBLIC COMMENTS BY RESIDENT DARRELL MAYEUX PUBLIC HEARING ITEM NO. 2 - FLAGPOLE REGULATIONS
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City of La Quinta
CITY COUNCIL MEETING: November 7, 2023

STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM

VACATION RENTALS

RECOMMENDATION
 Move to take up Ordinance No. ___ by title and number only and waive further reading.
 Move to introduce at first reading, Ordinance No. ___ to amend Chapter 3.25 of the La Quinta Municipal Code related to Short-Term Vacation Rentals.

EXECUTIVE SUMMARY
 On February 21, 2023, Council directed staff to schedule study sessions to discuss Chapter 3.25 of the La Quinta Municipal Code (LQMC) related to Short-Term Vacation Rentals (STVRs).
 On March 21, 2023, and May 16, 2023, Council held study sessions and discussed possible additions and amendments to LQMC Chapter 3.25.  Based on Council’s discussion, comments, and direction, proposed is an ordinance to amend Chapter 3.25.

FISCAL IMPACT – None.

BACKGROUND AND ANALYSIS
At the February 21, 2023, regular meeting, Council received an update on the STVR program characteristics, performance, and enforcement for 2022 and comparison to 2021 calendar years; and public comments from representatives in support and in opposition of the permanent ban on the issuance of new STVR permits in non-exempt areas currently in place. Based on the information presented, Council directed staff to schedule study sessions to discuss STVR regulations under LQMC Chapter 3.25.

On March 21, 2023, and May 16, 2023, Council held study sessions and discussed several possible amendments and additions to Chapter 3.25 presented for consideration.

Based on Council’s discussion, comments, and direction, proposed is an ordinance to add language and amend existing provisions of Chapter 3.25 as follows:

BUSINESS SESSION ITEM NO. 3
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1. Add definitions for newly added regulations;

2. Add Section 3.25.045 to establish requirements for an apartment complex;

3. Add language under Section 3.25.050, Subsection (B), to clarify that transfers of properties to trusts or entities whose beneficiaries and/or membership are the same as the original owners of the property or transfers to heirs do not constitute a change of ownership and shall not result in the cancellation of an existing STVR permit;

4. Add the Estates at Griffin Lake Specific Plan, which governs the Merv Griffin Estate property, to the list of allowable exemptions under Section 3.25.055, Subsection (A)(4);

5. Add a provision to exempt Homeshare STVR permits from the ban on the issuance of new STVR permits under Section 3.25.055, Subsection (C);

6. Add Subsection (E) under Section 3.25.055, adding a provision requiring future revisions to Section 3.25.055 to be adopted by no less than four-fifths (4/5) majority vote of the City Council;

7. Add Section 3.25.056 to establish an exemption for potentially qualifying homeowners associations from the ban on the issuance of new STVR permits under Section

3.25.055, as well as related regulations and requirements;

8. Add Section 3.25.057 to establish an exemption for large lots from the ban on the issuance of new STVR permits under Section 3.25.055, as well as related regulations and requirements;

9. Add Subsection (H) to Section 3.25.070 to reiterate that Homeshare STVR permits require the owner(s) to occupy the dwelling during the transient stay; and shall comply with all requirements of the Chapter 3.25, or any other applicable federal, state, or local laws or codes, including being available or having a designated person available 24/7 to respond to the location within 30 minutes to address or resolve complaints regarding the condition, operation, or conduct of occupants of the STVR unit or their guests.

10. Add language to Section 3.25.070, Subsection (N), to clarify that, if a hosting platform provides a designated field to list the STVR permit number and the number of approved bedrooms, this satisfies the City’s permitting requirements for STVR advertisements;

11. Add Subsections (E)(4) and (E)(5) to Section 3.25.090 to establish fines specific for advertising without a STVR permit; and

12. Miscellaneous minor modifications throughout Chapter 3.25 to align the language with existing processes and/or to ensure language clarity and consistency.

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Section 3.25.055 Amendments – background:

To address the rapid influx of STVR use from visitors outside the City when the thenapplicable statewide “stay at home” order was in effect to limit and prevent the spread of COVID-19, the City imposed a moratorium on the issuance of new STVR permits in nonexempt areas on August 4, 2020, via Executive Order No. 10, issued pursuant to the authority then-available under the proclaimed local emergency relating to COVID-19.

After numerous public meetings and input from the STVR ad-hoc committee, effective May 20, 2021, the moratorium (among other provisions) was codified as a permanent ban on the issuance of new STVR permits in non-exempt areas via the addition of Section 3.25.055 of the LQMC. Permit-holders may renew existing permits, but permits cannot be transferred to the new owner of a previously licensed STVR. No new permits in non-exempt areas have been issued since August 4, 2020. New permits continue to be issued for the few exempt areas zoned for tourist commercial, village commercial, and communities expressly developed to allow STVRs vis-à-vis conditions of approval related to entitlement approvals, specified agreements, or locations, which are depicted on the map in Attachment 3.

A citizen ballot initiative, Measure A (Nov. 2022), proposing to phase-out and permanently ban non-hosted STVRs in non-exempt areas in La Quinta by December 31, 2024, qualified for the November 2022 ballot. “Non-hosted” STVRs, as defined by Measure A, did not include “Homeshare” STVRs in the proposed ban, and the proponents expressly indicated their intent to allow Homeshares. Measure A was not approved by the qualified voters.

Currently, there are a total of 17 Homeshare STVR permits in La Quinta, which were permitted prior to the moratorium on new STVR permits. The current permanent ban on the issuance of new STVR permits in non-exempt areas applies to all permit types, including Homeshares. Chapter 3.25 defines Homeshare STVR permit as follows:
"Homeshare short-term vacation rental permit" is a type of STVR permit whereby the owner hosts visitors in the owner's dwelling, for compensation, for periods of 30 consecutive calendar days or less, while the owner lives on-site and in the dwelling, throughout the visiting occupant's stay.

Section 3.25.056 Proposed Addition – summary:

Section 3.25.056 Homeowner Association (HOA) Exemption – develop and add a process by which qualifying residential developments that are governed by an HOA that allows STVR uses within its governing documents, in non-exempt areas, would be able to apply for an exemption from the ban if specified criteria, supported by evidence are met, and be considered by Council at a public meeting.

Council previously considered this exemption at the April 20, 2021, March 21, 2023, and May 16, 2023, regular meetings.

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If such an exemption is approved, the requirements that would apply are generally summarized below, and Section 3.25.056 in redline is included as Exhibit A to the proposed ordinance:
 Use of the residential dwellings as STVRs is authorized under the HOA Covenants, Conditions, and Restrictions (CC&Rs).
 The voting membership of the HOA approves by no less than the vote required under the CC&Rs for the residential development, or if no vote requirement is specified, a simple majority vote (50% + 1 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.
 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.
 Applications for this exemption may be submitted only once within any three-year period, and the vote of the voting membership of the HOA must have been conducted within the previous 12 months from the date of application submittal.  A complete application shall be considered by Council at a public meeting, and the findings and decision of the Council shall be adopted via a resolution. Council’s decision shall be final.

Section 3.25.057 Proposed Addition – summary:

Section 3.25.057 Large Lot Exemption – develop and add a process by which a residential dwelling in non-exempt areas would be able to apply for an exemption from the ban if specified criteria, supported by evidence are met, and be considered by Council during a public hearing.

Council previously discussed this exemption at the March 21, 2023, and May 16, 2023, regular meetings, and requested additional information which is provided below.

If such an exemption is approved, the requirements that would apply are generally summarized below, and Section 3.25.057 in redline is included as Exhibit A to the proposed ordinance:
 Large lot size on which the residential dwelling is located and built is comprised of a single parcel that is not less than 25,000 square feet.

Per Council’s directions from the previous discussion in March 2023, staff conducted a search of all parcels within City limits to prepare an inventory of parcels that are at least 25,000 square feet or greater, which was presented on May 16, 2023, and is included as Attachment 2.

The results show that a total of 70 parcels fit the criteria, of which:

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 14 12 are properties located within areas that are exempt from the ban on STVR permits currently in place:
• 10 lots at Polo Villas # 13-20 and # 22-23 along Madison St, north of Avenue 52;
• 2 lots at Merv Griffin Estate # 24 and 72;
• 2 lots at the Calle Fortuna Neighborhood located within the Village Commercial District Zone
 30 are properties located within HOAs; thus limiting their eligibility to apply for an exemption as HOA approval would be required, and it is unlikely that it would be granted:
• 14 lots at Estates at La Quinta # 43-52 and # 54-57;
(1 Active STVR permit on # 52)
• 8 lots at PGA West – Legends # 21, # 62-63, # 65-68, and # 70; (1 Active STVR permit on # 63)
• 2 lots at PGA West – Norman # 40 and # 71;
• 2 lots at PGA West – Palmer and Nicklaus # 64 and # 69; • 4 lots at the Village of the Palms # 58-61
 26 28 properties remain as potentially eligible to apply for a large lot exemption, of which 4 are currently permitted STVRs as they had a permit prior to the ban:
• 4 lots in north La Quinta, along Westward Ho # 1-4;
• 3 lots in the Cove # 5-6 and # 8;
• 2 lots along Avenida Fernando, north of the La Quinta Resort Specific Plan # 11-12;
• 9 lots at the Highland Palms Neighborhood # 25-33;
(4 Active STVR permits on # 26-27, # 29, and # 33)
• 2 lots along Madison St # 34-35;
• 3 lots along Avenue 50 # 36-38;
• 1 lot north of Avenue 58 by Palo Verde Estates # 39;
• 2 lots immediately north of the Estates at La Quinta # 41 and # 42 • 2 lots in the Calle Fortuna Neighborhood
 Written authorization that use of the single parcel as an STVR is not prohibited or inconsistent with any recorded instruments governing the use of the land, such as HOA CC&Rs;
 Verification of the number of bedrooms;
 Adequate on-site parking spaces;
 Physical distance of the residential dwelling from adjacent properties, such as location and distance of outdoor gathering spaces, pools, and other living spaces from neighboring properties;
11/8/2023 THE INFORMATION ON THIS PAGE IN BLUE AND STRICKEN OUT WAS UPDATED TO CORRECT A

CLERICAL ERROR
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 A complete application shall be considered by Council at a public hearing in accordance with existing City regulations for public hearings pursuant to LQMC Section 9.200.100(D), following notification to all properties within 500 feet from the single parcel; and the findings and decision of the Council shall be adopted via a resolution. Council’s decision shall be final.

The 500 feet radius is consistent with existing state and local entitlement approval notification requirements [Section 9.200.100(D)], such as general plan amendments, zoning code amendments, zone changes, specific plans, and development agreements; staff recommends staying consistent with existing requirements.

To provide a point of reference, Attachment 4 shows the 500 feet radius for 3 properties from the list of parcels potentially eligible to apply for the large lot exemption.
 Generally ensuring that allowing an STVR unit at the proposed site 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.

The proposed process would involve a separate application and determination to address the unique characteristics and circumstances that may apply to residential properties in nonexempt areas and aims to provide a mechanism for the City to exempt properties from the ban that are located within a qualifying large lot and do not have the typical environment and elements of a single-family dwelling. If an exemption is granted, the property owner would still need to apply for and meet all the criteria to obtain a new STVR permit.

The intent to allow limited exemptions from the ban for residential dwelling in non-exempt areas per the proposed Large Lot Exemption may best be explained by pictures. For instance, Attachment 1 depicts the location of the 9.25-acre property, of which the built-out area accounts for only 5,553 square feet and consists of seven (7) bedrooms spread between the main dwelling, guest house, and servants quarters; it includes a large pool and patio, horse stables, and outside gardens/resting areas; it is surrounded by approximately 5-acres of orchards; and it is located behind a private gate.

ALTERNATIVES
Council may elect not to introduce the proposed ordinance; approve only some of the amendments and/or additions; or instruct staff to make additional/different amendments.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachments: 1. Large Lot Example – property on Madison St, north of Avenue 52

2. Large Lots Inventory Map

3. STVR Areas Map

4. Radius Maps of 500 feet
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ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, ADDING SECTIONS AND
AMENDING SECTIONS OF CHAPTER 3.25 OF THE LA

QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM

VACATION RENTALS
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals, including permitted uses, short-term vacation rental process and permitting procedures, requirements, violations, fines, etc.; and WHEREAS, the City has the authority to regulate residential uses, including shortterm vacation renal uses, operating within the City; and WHEREAS, the proposed additions and amendments to Chapter 3.25 are intended to:

1. Add definitions for newly added regulations;

2. Add Section 3.25.045 to establish requirements for an apartment complex;

4. Add the Estates at Griffin Lake Specific Plan, which governs the Merv Griffin Estate property, to the list of allowable exemptions under Section 3.25.055, Subsection (A)(4);

5. Add a provision to exempt Homeshare short-term vacation rental permits from the ban on the issuance of new short-term vacation rental permits under Section

3.25.055, Subsection (C);

6. Add Subsection (E) under Section 3.25.055, adding a provision requiring future revisions to Section 3.25.055 to be adopted by no less than four-fifths (4/5) majority vote of the City Council;

7. Add Section 3.25.056 to establish an exemption for potentially qualifying homeowners associations from the ban on the issuance of new short-term vacation rental permits under Section 3.25.055, as well as related regulations and requirements;
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Ordinance No. XXX
Chapter 3.25 Short-Term Vacation Rentals – Additions and Amendments Adopted: Month Date, 2023

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8. Add Section 3.25.057 to establish an exemption for large lots from the ban on the issuance of new short-term vacation rental permits under Section 3.25.055, as well as related regulations and requirements;

10. Add language to Section 3.25.070, Subsection (N), to clarify that if a hosting platform provides a designated field to list the short-term vacation rental permit number and the number of approved bedrooms, this satisfies the City’s permitting requirements for owners of short-term vacation rentals that advertise their short-term vacation rental units;

11. Add Subsections (E)(4) and (E)(5) to Section 3.25.090 to establish fines specific for advertising without a short-term vacation rental permit; and

12. Miscellaneous minor modifications throughout Chapter 3.25 to align the language with existing processes and/or to ensure language clarity and consistency.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. Chapter 3.25 shall be amended as written in “Exhibit A” attached hereto and incorporated herein by this reference.

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.

SECTION 4. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.
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Ordinance No. XXX
Chapter 3.25 Short-Term Vacation Rentals – Additions and Amendments Adopted: Month Date, 2023

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SECTION 5. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this _____ (date) day of ___________(month), 2023), by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Ordinance No. XXX
Chapter 3.25 Short-Term Vacation Rentals – Additions and Amendments Adopted: Month Date, 2023

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the _____(date) day of ______(month), 2023, and was adopted at a regular meeting held on the ____(date) day of ______(month), 2023, not being less than 5 days after the date of introduction thereof.

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , 2023, pursuant to Council Resolution. ________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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Title 3 - REVENUE AND FINANCE
Chapter 3.25 SHORT-TERM VACATION RENTALS
La Quinta, California, Municipal Code Created: 2023‐01‐29 19:14:29 [EST] (Supp. No. 3, Update 3)

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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 apply the rebuttable presumption set forth in this section. ( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012)

3.25.030 Definitions.

For purposes of this chapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:
"Advertise,""advertisement,""advertising,""publish," and "publication" mean any and all means, whether verbal or written, through any media whatsoever whether in use prior to, at the time of, or after the enactment of the ordinance amending this chapteradding this definition, used for conveying to any member or members of the public the ability or availability to rent a short-term vacation rental unit as defined in this section, or used for conveying to any member or members of the public a notice of an intention to rent a short-term vacation rental unit as defined in this section. For purposes of this definition, the following media are listed as examples, which are not and shall not be construed as exhaustive: verbal or written announcements by proclamation or outcry, newspaper advertisement, magazine advertisement, handbill, written or printed notice, printed or poster display, billboard display, e-mail or other electronic/digital messaging platform, electronic commerce/commercial Internet websites, and any and all other electronic media, television, radio, satellite-based, or Internet website.

EXHIBIT A559 CLICK HERE to Return to Agenda
Created: 2023‐01‐29 19:14:29 [EST]
(Supp. No. 3, Update 3)

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“Apartment complex” means a group of three (3) or more apartment buildings comprised of apartments, as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code, in a single ownership, with most or all units occupied on a rental basis. "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. "Applicant" means the owner of the short-term vacation rental unit. "Authorized agent or representative" means a designated agent or representative who is appointed by the owner and is also 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 for the city of La Quinta or authorized designee.
"Declaration of non-use" means the declaration described in Section 3.25.050. "Dwelling" has the same meaning as set forth in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code; "dwelling" does not include any impermanent, transitory, or mobile means of temporary lodging, including but not limited to mobile homes, recreational vehicles (RVs), car trailers, and camping tents.
"Estate home" is defined as a single-family detached residence with five (5) or more bedrooms, subject to evaluation criteria and inspection of the property pursuant to Section 3.25.060(D)(1). An estate home is a sub-type of short-term vacation rental unit and shall be subject to a general short-term vacation rental permit, primary residence short-term vacation rental permit, or homeshare short-term vacation rental permit, as applicable, pursuant to this chapter.
"General short-term vacation rental permit" is a type of short-term vacation rental permit that is neither a homeshare short-term vacation rental permit nor a primary residence short-term vacation rental permit. "Good neighbor brochure" means a document prepared by the city that summarizes the general rules of conduct, consideration, and respect, including, without limitation, provisions of this code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term vacation rental units. “Homeowners association” or “HOA” means the “association,” as defined in California Civil Code section 4080 (or successor provision) of the Davis-Stirling Common Interest Development Act (Civil Code section 4000 et seq. (or successor provisions), that serves as the nonprofit corporation or unincorporated association created for the purpose of managing a common interest development, as defined in Civil Code section 4100 (or successor provision).
"Homeshare short-term vacation rental permit" is a type of short-term vacation rental permit whereby the owner hosts visitors in the owner's dwelling, for compensation, for periods of thirty (30) consecutive calendar days or less, while the owner lives on-site and in the dwelling, throughout the visiting occupant's stay. "Hosting platform" means a person or entity who participates in the home-sharing or vacation rental (including short-term vacation rental) business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation, including but not limited to the Internet.
“Large lot” means a single “parcel,” as defined in Section 9.280.030 (or successor provision, as may be amended from time to time) of this code, that meets all of the criteria set forth in Subsection (A) of Section 3.25.057. 560 CLICK HERE to Return to Agenda
Created: 2023‐01‐29 19:14:29 [EST]
(Supp. No. 3, Update 3)

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"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.
"Management company” means any individual or entity, whether for profit or nonprofit, and regardless of entity type, such as a limited liability company, corporation, or sole proprietorship, that is retained by an owner to be the owner’s authorized agent or representative, or is the owner of a short-term vacation rental unit subject to this chapter, and is engaged in or represents itself to be engaged in the business of managing real property. "Notice of permit modification, suspension or revocation" means the notice the city may issue to an applicant, authorized agent or representative, local contact person, occupant, owner, responsible person, or any other person or entity authorized to be issued such notice under this code for a short-term vacation rental unit, upon a determination by the city of a violation of this chapter or other provisions of this code relating to authorized uses of property subject to this chapter.
"Occupant" means any person(s) occupying the dwelling at any time. "Owner" means the person(s) or entity(ies) that hold(s) legal and/or equitable title to the subject short-term vacation rental unit.
"Primary residence" means a dwelling where an owner spends the majority of the calendar year on the property used as a short-term vacation rental unit, and the property is identified in the Riverside County assessor's record as the owner's primary residence.
"Primary residence short-term vacation rental permit" is a type of short-term vacation rental permit whereby the short-term vacation rental unit is the owner's primary residence, as defined herein in this section. “Potentially qualifying homeowners association” or “potentially qualifying HOA” means the association, as defined in California Civil Code section 4080 (or successor provision) of the Davis-Stirling Common Interest Development Act (Civil Code section 4000 et seq. (or successor provisions), that serves as the nonprofit corporation or unincorporated association created for the purpose of managing a planned development, as defined in Civil Code section 4175 (or successor provision), that has single-family dwellings, as defined in Section 9.280.030 of this code, and each single-family dwelling is an equal-voting member of the homeowners association. "Property" means a residential legal lot of record on which a short-term vacation rental unit is located. “Qualified and certified large lot” has the meaning as set forth in Section 3.25.057. “Qualified and certified homeowners association” has the meaning as set forth in Section 3.25.056. "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 561 CLICK HERE to Return to Agenda
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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 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)

3.25.045 Apartment complex – short-term vacation rental permit requirements.

A. The owner of an apartment complex may apply for a short-term vacation rental permit only if all individual apartment units are operated as short-term vacation rental units, and there is no long-term rental of apartment units, with the exception of an on-site property manager, proof of which shall be provided to the city upon submittal of a short-term vacation rental permit application. 562 CLICK HERE to Return to Agenda
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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, but no later than the permit’s expiration date. Failure to renew a short-term vacation rental permit as prescribed in this section may result in the short-term vacation rental permit being terminated.

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. For purposes of this subsection, a transfer of a short-term vacation rental unit with a valid short-term vacation rental permit resulting from any of the following shall not be deemed a transfer to a new owner which would otherwise trigger the requirement to apply for and obtain a new short-term vacation rental permit:
(a) Transfers to an entity of any kind, such as a limited liability company or a trust, where the member(s) of the entity or beneficiary(ies) of the trust is(are) the owner(s) of the real property with a valid short-term vacation rental permit, and the proportionate interest(s) of the owner(s) are the same for the real property placed in the entity. (b) Transfers that take effect upon the death of an owner to an heir designated by the owner (by devise, bequest, or similar transfer upon death) who is any of the following:
(i) surviving spouse or domestic partner; or (ii) surviving sibling related by blood or in law, such as a brother, sister, brother-in-law, sister-in-law, step-brother, or step-sister; or (iii) surviving parent or grandparent by blood or in law, such as a mother, father, mother-in-law, father-in-law, stepmother, step-father, grandmother, grandfather, grandmother-in-law, grandfather-in-law, stepgrandmother, or step-grandfather; (iv) surviving child or grandchild, such as a daughter, son, daughter-in-law, son-in-law, step-daughter, step-son, granddaughter, grandson, granddaughterin-law, grandson-in-law, step-granddaughter, or step-grandson. (c) Transfers to a trust with the beneficiary(ies) identified as an heir described in Subsection B(2)(b) above.

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 563 CLICK HERE to Return to Agenda
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confirm that such conversion is consistent with this chapter and the code, including all applicable provisions in Title 8 of the code, and reissue the short-term vacation rental permit so that it accurately identifies the number of approved bedrooms, if the owner wants to continue to use the dwelling as a short-term vacation rental unit. The city may conduct an on-site inspection of the property to verify compliance with this chapter and the code. Code compliance inspections may be billed for full cost recovery at one (1) hour for initial inspection and in thirty (30)-minute increments for each follow-up inspection pursuant to subsection D. For purposes of this chapter, "“reissue"” or "“reissuance"” of a short-term vacation rental permit means a permit that is reissued by the city, with corrected information, as applicable, to be valid for the balance of the existing one (1)-year permit and license period.

C. A short-term vacation rental permit and business license shall be valid only for the number of bedrooms in a residential dwelling equal to the number of bedrooms the city establishes as eligible for listing as a shortterm 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 be issued for, or otherwise authorize the use of, additional bedrooms converted from non-bedroom spaces or areas in an existing residential dwelling except upon express city approval for the additional bedrooms in compliance with this code, including Section 9.50.100 (or successor provision, as may be amended from time to time), and upon approval of an application for a new or renewed short-term vacation rental permit as provided in subsection B.

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 authorized agent or representative of one (1) or more code violations. For purposes of this chapter, "building," "structure," and "use or land use" have the same meanings as set forth in Section 9.280.030 (or successor provisions, as may be amended from time to time) of this code.

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 on-site parking. For purposes of this subsection, "adequate on-site parking" shall be determined by dividing the total number of occupants commensurate with the approved number of bedrooms as provided in the table under Section 3.25.070 by four (4), such that the ratio of the maximum allowedtotal number of overnight occupants to on-site parking spots does not exceed four to one (4:1). For example, a residential dwelling with five (5) bedrooms may permissibly host a total number of ten (10) to twelve (12) overnight occupants and therefore requires three (3) on-site parking spots. On-site parking shall be on an approved driveway, garage, and/or carport areas only in accordance with Section 3.25.070(R), and no more than two (2) street parking spots may count towards the number of on-site parking spots necessary to meet the "adequate on-site parking" requirement under this subsection. 564 CLICK HERE to Return to Agenda
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G. An owner or owner's authorized agent or representative who claims not to be operating a short-term vacation rental unit or who has obtained a valid short-term vacation rental permit and business license pursuant to this chapter, may voluntarily opt-out of the requirements of this chapter, prior to the issuance or expiration of a short-term vacation rental permit and business license that are applicable to the short-term vacation rental unit, only upon the owner, the owner's authorized agent or representative and/or the owner's designated local contact person executing, under penalty of perjury, a declaration of non-use as a short-term vacation rental unit, in a form prescribed by the city (for purposes of this chapter, a "declaration of non-use"). Upon the receipt and filing by the city of a fully executed declaration of non-use, the owner or owner's authorized agent or representative shall be released from complying with this chapter as long as the property is not used as a short-term vacation rental unit. Use of the property as a short-term vacation unit after the city's receipt and filing of a declaration of non-use, is a violation of this chapter. If, after a declaration of non-use has been received and filed by the city, the owner or owner's authorized agent or representative wants to use that property as a short-term vacation rental unit, the owner shall apply for a new short-term vacation rental permit and business license and fully comply with the requirements of this chapter and the code; provided, however, that if a short-term vacation rental permit is or will be suspended on the date an owner or owner's authorized agent or representative submits to the city a declaration of nonuse for the short-term vacation rental unit under suspension, then the owner may apply for a new shortterm 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 oOrdinance No. 596 which addeding 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 shortterm vacation rentals are a permitted use, and the residential dwelling's use as a short-term vacation rental is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs), for the residential project.

4. A residential dwelling within the area covered by the SilverRock Resort Specific Plan or the Estates at Griffin Lake Specific Plan.

5. A residential dwelling is located adjacent to the CT Tourist Commercial District zone, as defined in Section 9.70.070 and depicted in the city's official zoning map, and within the following boundaries; west of Avenida Obregon, south of the Avenida Fernando, east of Calle Mazatlan, and north of the 565 CLICK HERE to Return to Agenda
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driveway access between Calle Mazatlan and Avenida Obregon that serves as a southern boundary for the La Quinta Tennis Villas/Tennis Condos area identified on page 25 of the La Quinta Resort Specific Plan, 121 E—Amendment 5 (as may be subsequently amended from time to time). For purposes of this subsection, "adjacent to" means across the street from or accessible by a driveway or service road designed to provide access to area(s) within the CT Tourist Commercial District zone.

B. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application for a new short-term vacation rental permit meets the criteria set forth in this section.

C. This section shall not apply to applications for a homeshare short-term vacation rental permit or applications for a renewal of an existing short-term vacation rental permit and business license, submitted in compliance with this chapter, including when the short-term vacation rental permit is under suspension during the time for processing the renewal application. Applications for renewals must be submitted as prescribed by this chapter. Any short-term vacation rental unit, covered by a permit that is subject to an application for renewal, which is under temporary suspension in violation of this chapter or any other provisions of this code, shall not become permitted to use the dwelling as a short-term vacation rental unit until all violations that led to the temporary suspension have been remedied and the suspension has expired. Any revoked short-term vacation rental permit shall not be eligible for renewal or new short-term vacation rental permit.

D. The city council shall periodically review the impacts or effects, if any, caused by the non-issuance of new short-term vacation rental permits set forth in this section. The city manager or authorized designee shall prepare a report assessing impacts or effects, if any, for the council to review at a regular or special meeting.

E. Commencing on ____________, which is the effective date of Ordinance No. XXX adding this Subsection (E), this section may not be amended by the city council, except by no less than four-fifths (4/5) majority vote of the city council.
( Ord. 596 § 2, 2021; Ord. 595 § 1(Exh. A), 6-15-2021; Ord. 591 § 1(Exh. A), 4-20-2021)

3.25.056 Single-family residences in potentially qualifying homeowners associations; Voting procedure for exemption from non-issuance of new short-term vacation rental permits.

A. If none of the exemptions in Subsections (A) or (C) of Section 3.25.055 of this code applies, the board of directors of a potentially qualifying homeowners association may voluntarily submit, only one time during any three (3) year period, to the city an application and request to be exempted from the non-issuance of new short-term vacation rental permits set forth in Section 3.25.055 only if, at the date of submittal of an application for exemption pursuant to this section, all of the following criteria are met:

1. Use of short-term vacation rentals is authorized under a declaration of covenants, conditions, and restrictions (CC&Rs) for the residential project governed by the potentially qualifying homeowners association;

2. The voting membership of the potentially qualifying homeowners association approves, by no less than the vote required under the CC&Rs for the residential development (or, if no vote requirement is specified in the CC&Rs, by no less than fifty percent (50%) plus one (1) vote) to be exempted from the non-issuance of new short-term vacation rental permits that otherwise applies pursuant to Section

3.25.055, and such vote was approved within the previous twelve (12) months from the date of submittal of the application, and such vote confirms that all residential dwellings within the residential project governed by the potentially qualifying homeowners association may apply for a new short-term vacation rental permit pursuant to this chapter as a result of the vote of the voting membership; and 566 CLICK HERE to Return to Agenda
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3. The potentially qualifying homeowners association certifies that it has complied with any other voting requirements that must be followed pursuant to the CC&Rs or other operative documents for the residential project governed by the potentially qualifying homeowners association in connection with the voter-approval obtained pursuant to paragraph 2 of this subsection; and

4. If not already clearly and unambiguously stated in the CC&Rs, and if certification from the city council is obtained pursuant to this section, the CC&Rs will be amended to clearly and unambiguously state that the voting requirements of the potentially qualifying homeowners association have been met to allow for an owner of a residential dwelling within the residential project to apply for a new short-term vacation rental permit pursuant to this chapter.

B. If the requisite voting membership of the potentially qualifying homeowners association approves, pursuant to this section, to be exempted from the non-issuance of new short-term vacation rental permits that otherwise applies pursuant to Section 3.25.055, the provisions regarding the non-issuance of new short-term vacation rental permits in Section 3.25.055 shall no longer apply to any of the residential dwellings within the residential project governed by the potentially qualifying homeowners association upon review of the application from the potentially qualifying homeowners association and certification by the city council that the criteria set forth in this section have been met. An application submitted pursuant to this section shall be reviewed and considered as follows:

1. Submittal of Application. An application for a finding of exemption under this section and certification as a “qualified and certified homeowners association” shall be completed in a form approved by the city manager or authorized designee, and shall be submitted for processing to the city clerk’s office.

Applications shall be filed with the city clerk, who shall forward to the planning department together with all resolutions from the board of the potentially qualifying homeowners association, maps, plans, documents and other materials required by the city clerk or director of the planning department.

2. Determination of Completeness. The city clerk’s office and planning department shall coordinate with the applicant to make a determination whether the application is complete or incomplete. Upon the determination that the application is complete by the city clerk, the city clerk shall schedule review and consideration of the complete application by the city council.

3. Consideration of the Application at a Public Meeting. The city council shall review and consider the application at a public meeting, and the city council shall be the decision-making authority for the application. Consideration of the application shall be set within ninety (90) days from the determination by the city clerk of a complete application. Notice of the public meeting at which the application will be considered shall comply with applicable state law under the Ralph M. Brown Act, California Government Code section 54950 et seq. At the public meeting, the city council shall receive written comments and any other evidence or testimony relating to the application. At the public meeting, the city council may take action on the application, or continue the application to a specified date.

4. Required Findings. No application presented to the city council pursuant to this section may be approved or conditionally approved unless the city council makes written findings, based on submitted evidence, that all of the requirements in Subsection (A) of this section have been met.

5. Decision. The city council shall approve, approve with conditions, or deny the application. With the concurrence of the applicant, an application may be withdrawn prior to the issuance of a decision by the city council. The decision on an application, including any required findings and any other reasons that serve to explain the determination plus all conditions of approval, shall be in writing. An approval or approval with conditions from the city council shall be adopted by resolution and accompanied with the certification from the city that the single parcel subject to the application meets the criteria for a qualified and certified large lot.

6. The decision of the city council shall be the final decision of the city on the application. 567 CLICK HERE to Return to Agenda
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C. Upon certification by the city that the criteria in this section have been met, then the potentially qualifying homeowners association shall be identified as a “qualified and certified homeowners association” for purposes of this section and this chapter. After receiving certification, an owner of a residential dwelling within the residential project governed by the qualified and certified homeowners association may apply for a new short-term vacation rental permit pursuant to this chapter, and the owner will be subject to the same requirements of any other short-term vacation rental permit application, use, and operation governed by this chapter. If, subsequent to certification by the city as a qualified and certified homeowners association, the declaration of covenants, conditions, and restrictions (CC&Rs) no longer allow the use of short-term vacation rentals within the residential development, the certification issued by the city shall no longer be valid and shall be null and void, and owners of a residential dwelling within the residential project may no longer use or rely on this section as grounds for an exemption from the non-issuance of new short-term vacation rental permits in Section 3.25.055.

D. Any application submitted pursuant to this section shall be subject to any fees established by resolution of the city council and shall identify, by addresses, assessor’s parcel numbers (APNs), and any other identifying information requested by the city, all residential dwellings purported to be covered by the vote of the voting membership of the potentially qualifying homeowners association.

E. The city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application and request to be exempted from Section 3.25.055 meets the criteria set forth in this section and any other criteria reasonably necessary for verification of such application and request.

F. The city council may periodically review the impacts or effects, if any, caused by this section concurrently with its periodic review provided for in subsection (D) of Section 3.25.055.

G. Nothing in this section does or shall be interpreted in any manner as affecting any requirements under state law, including but not limited to the Davis-Stirling Common Interest Development Act in Part 5 (commencing with Section 4000) of Division 4 of the California Civil Code.

3.25.057 Large lots; Exemption from non-issuance of new short-term vacation rental permits.

A. If none of the exemptions in Subsections (A) or (C) of Section 3.25.055 of this code applies, the owner of a large lot may voluntarily submit to the city an application and request to be exempted from the non-issuance of new short-term vacation rental permits set forth in Section 3.25.055 only if, at the time of submittal of an application for exemption pursuant to this section, all of the following criteria are met:

1. The "lot area,” as defined in 9.280.030 (or successor provision, as may be amended from time to time) of this code, is comprised of a single parcel that is no less than 25,000 square feet;

2. The single parcel has at least one existing dwelling, as defined in this chapter, in use or available for use;

3. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified exemption under this section, subject to a subdivision under the Subdivision Map Act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of this code (or successor provisions, as may be amended from time to time).

4. The single parcel is not, nor will the single parcel ever be for the duration of the period of any qualified exemption under this section, subject to a reduction in the square footage of the lot area by lot line adjustment, parcel merger, or other action that creates a legal parcel under the Subdivision Map Act in Division 2 (commencing with Section 64410) of Title 7 of the California Government Code or under Title 13 of this code (or successor provisions, as may be amended from time to time). 568 CLICK HERE to Return to Agenda
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5. If the single parcel is within a residential project governed by a homeowners association, the use of the single parcel as a short-term vacation rental unit is authorized under the homeowners association’s covenants, conditions, and restrictions (CC&Rs) and any other applicable governing documents for the residential project governed by the homeowners association;

6. Use of the single parcel as a short-term vacation rental unit is not prohibited or otherwise inconsistent with any recorded instruments governing the use of the single parcel; and

7. The single parcel has adequate on-site parking pursuant to this chapter for use as a short-term vacation rental unit.

B. Subject to the application and review provisions in this section, if the city determines the single parcel meets the criteria of a large lot to be exempted from the non-issuance of new short-term vacation rental permits that otherwise applies pursuant to Section 3.25.055, the provisions regarding the non-issuance of new shortterm vacation rental permits in Section 3.25.055 shall no longer apply to, or be applicable as long as the single parcel meets the criteria in this section, to the large lot upon certification by the city that the criteria set forth in this section have been met.

1. Upon certification by the city that the criteria in this section have been met, then the single parcel shall be identified as a “qualified and certified large lot” for purposes of this section and this chapter.

2. Upon certification by the city of the single parcel as a qualified and certified large lot pursuant to this section, an owner of a residential dwelling within a qualified and certified large lot may apply for a new short-term vacation rental permit pursuant to this chapter and shall be subject to the same requirements of any other short-term vacation rental permit application, use, and operation governed by this chapter.

3. The city may impose any necessary or proper conditions of approval with the certification of a single parcel as a large lot pursuant to this section, including conditions that would terminate the exemption from compliance with Section 3.25.055 if the large lot is subdivided or used in violation of the requirements of this section. Additionally, the city may require as a condition of approval that the owner of the qualified and certified large lot execute a land use covenant, in a form approved by the city and recorded in the county recorder’s office against the single parcel, memorializing the terms and conditions applicable to the large lot for use as a short-term vacation rental unit.

4. Any owner of real property that is no longer or is not in compliance with the criteria in this section to be a qualified and certified large lot shall have no right or authority to advertise, use, or operate said real property as a short-term vacation rental unit. Any short-term vacation rental permit (either new or renewal permit) issued by the city in reliance of said real property having previously been located within a qualified and certified large lot shall no longer be valid upon said real property no longer being in compliance with this section.

5. An owner of a qualified and certified large lot who is the successor in interest to the owner who applied for and received the certification of the single parcel as a qualified and certified large lot does not need to re-apply for an exemption from Section 3.25.055 under this chapter as long as the single parcel determined to be the qualified and certified large lot remains in compliance with this section.

6. It is the expressed intent of the city council that an application for exemption from Section 3.25.055, submitted to the city pursuant to this section, need only occur one time as long as the current owner of a qualified and certified large lot remains in compliance with this section whenever a new or renewal application for a short-term vacation rental permit is submitted to the city and for the duration of the term of the issued short-term vacation rental permit. It is also the expressed intent of the city council that the current owner of real property that may have previously been a qualified and certified large 569 CLICK HERE to Return to Agenda
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lot may be required by the city to submit a new application for exemption from Section 3.25.055, pursuant to this section, if the real property no longer meets the criteria set forth in this section.

C. Any application submitted pursuant to this section shall be subject to any fees established by resolution of the city council and shall identify, by addresses, assessor’s parcel number (APN), and any other identifying information requested by the city, the real property purporting to be a large lot.

D. An application submitted pursuant to this section shall be reviewed and considered as follows:

1. Submittal of Application. An application for a finding of exemption under this section and certification as a large lot shall be completed in a form approved by the city manager or authorized designee.

Applications shall be filed with the city clerk, who shall forward to the planning department together with all maps, plans, documents and other materials required by the city clerk or director of the planning department.

3. Public Hearing and Consideration of the Application. The city council shall hold a public hearing on the application, and the city council shall be the decision-making authority for the application. The public hearing shall be set within ninety (90) days from the determination by the city clerk of a complete application. The public hearing shall be noticed in accordance with Section 9.200.100(D) (or successor provisions, as may be amended from time to time) of this code. At the public hearing, the city council shall receive written comments and any other evidence or testimony relating to the application. At the public hearing, the city council may take action on the application, or continue the application to a specified date.

4. Required Findings. No application presented to the city council pursuant to this section may be approved or conditionally approved unless all of the following findings and requirements are met:
a. The single parcel subject to the application is in a residential zone, is a legal non-conforming use, or is in a zone that otherwise would allow for residential uses. b. The applicant is the owner of the single parcel subject to the application. c. The exemption under this section is required for the applicant as owner to be able to apply for a short-term vacation rental permit and use a dwelling or dwellings on the parcel as a short-term vacation rental unit under this chapter.
d. Approval of the application will not create conditions materially detrimental to the public health, safety and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. Included with this assessment shall be whether approval of the application and issuance of a certification that the single parcel is a qualified and certified large lot results in multiple exemptions under this section being concentrated in one geographic location of the city in a manner than may be incompatible with other properties or land uses in the vicinity.

6. Appeal. The decision of the city council shall be the final decision of the city on the application. 570 CLICK HERE to Return to Agenda
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E. Subject to the review and approval provisions in this section, the city manager or authorized designee shall have the authority to implement policies or procedures to review and verify whether an application and request to be exempted from Section 3.25.055 meets the criteria set forth in this section and any other criteria reasonably necessary for verification of such application and request.

F. The city council may periodically review the impacts or effects, if any, caused by this section concurrently with its periodic review provided for in subsection (D) of Section 3.25.055.

3.25.060 Short-term vacation rental permit—Application requirements.

A. The owner or the owner's authorized agent or representative must submit the information required on the city's short-term vacation rental permit application form provided by the city, which may include any or all of the following:

1. The name, address, and telephone number of the owner of the subject short-term vacation rental unit;

2. The name, address, and telephone number of the owner's authorized agent or representative, if any;

3. The name, 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; [Reserved]

5. The number of bedrooms shall not exceed the number of permitted and/or approved 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 guestneighbor 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.

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. 571 CLICK HERE to Return to Agenda
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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 thean 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 thean 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 thean 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.

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, unless subject to Section 3.25.050(B)(2), and the property must cease operating 572 CLICK HERE to Return to Agenda
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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 update this information may result in a violation of this chapter, including but not limited to a suspension or revocation of a short-term vacation rental permit, until all information is updated.

H. The city manager or authorized designee shallmay 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).

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.
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B. The responsible person(s) shall be an occupant(s) of the short-term vacation rental unit for which he, she or they signed a rental agreement for such rental, use and occupancy, and/or any person(s) occupying the short-term vacation rental unit without a rental agreement, including the owner, owner'’s authorized agent or representative, local contact(s) and their guests. No non-permanent improvements to the property, such as tents, trailers, or other mobile units, may be used as short-term vacation rentals. The total number of occupants, including the responsible person(s) and children regardless of age, allowed to occupy any given short-term vacation rental unit may be within the ranges set forth in the table below. By the issuance of a short-term vacation rental permit, the city or its authorized designees, including police, shall have the right to conduct a count of all persons occupying the short-term vacation rental unit in response to a complaint or any other legal grounds to conduct an inspection resulting from the use of the short-term vacation rental unit, and the failure to allow the city or its authorized designees the ability to conduct such a count may constitute a violation of this chapter. The city council may by resolution further restrict occupancy levels provided those restrictions are within the occupancy ranges set forth below.

Number of
Bedrooms
Total of
Overnight*
Occupants
Total Daytime** Occupants
(Including Number of
Overnight Occupants)
0—Studio 2 2—8
1 2—4 2—8
2 4—6 4—8
3 6—8 6—12
4 8—10 8—16
5 10—12 10—18
6 12—14 12—20
7 14 14—20
8 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.

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, 574 CLICK HERE to Return to Agenda
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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 shortterm 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 guestneighbor 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/they is/are legally responsible for compliance by all occupants of the short-term vacation rental unit and their guests with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term vacation rental unit. This information shall be maintained by the owner or the owner's authorized agent or representative for a period of three (3) years and be made readily available upon request of any officer of the city responsible for the enforcement of any provision of this code or any other applicable law, rule or regulation pertaining to the use and occupancy of the short-term vacation rental unit.

G. The owner, the owner's authorized agent or representative and/or the owner's designated local contact person shall, upon notification or attempted notification that the responsible person and/or any occupant and/or guest of the short-term vacation rental unit has created unreasonable or unlawful noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term vacation rental unit, promptly respond within thirty (30) minutes to immediately halt and prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner, the owner's authorized agent or representative and/or the owner's designated local contact person to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term vacation rental unit within thirty (30) minutes, shall be subject to all administrative, legal and equitable remedies available to the city.

H. ReservedThe owner of a short-term vacation rental unit that has a valid Homeshare short-term vacation rental permit shall occupy the dwelling during the transient stay. A violation of any provision of this chapter, this code, or any other applicable federal, state, or local laws or codes, by the owner, owner’s authorized agent or representative and/or the owner’s designated local contact person shall be subject to all administrative, legal and equitable remedies available to the city.

I. Trash and refuse shall not be left or stored within public view, except in proper containers for the purpose of collection by the city's authorized waste hauler on scheduled trash collection days. The owner, the owner's authorized agent or representative shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 6.04 (Solid Waste Collection and Disposal) (or successor provision, as may be amended from time to time) of this code.

J. Signs may be posted on the premises to advertise the availability of the short-term vacation rental unit as provided for in Chapter 9.160 (Signs) (or successor provision, as may be amended from time to time) of this code.

K. The owner, the owner’s authorized agent or representative and/or the owner's designated local contact person shall post a copy of the short-term vacation rental permit and a copy of the good guestneighbor 575 CLICK HERE to Return to Agenda
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brochure in a conspicuous place within the short-term vacation rental unit, and a copy of the good guestneighbor 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; provided, however, this requirement may be satisfied if a hosting platform used by the owner and/or owner’s authorized agent or representative provides a designated field(s) to post the number of authorized bedrooms and the current short-term vacation rental permit number for the short-term vacation rental unit.

In the instance of audio-only advertising of the same, the short-term vacation rental permit number and the number of authorized bedrooms shall be read as part of the advertisement.

O. The owner and/or owner's authorized agent or representative shall operate a short-term vacation rental unit in compliance with any other permits or licenses that apply to the property, including, but not limited to, any permit or license needed to operate a special event pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time) of this code. The city may limit the number of special event permits issued per year on residential dwellings pursuant to Section 9.60.170 (or successor provision, as may be amended from time to time).

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

R. On-site parking shall be on an approved driveway, garage, and/or carport areas only; this section does not impose restrictions on public street parking regulations. Recreational vehicles may be parked in accordance with the provisions set forth in Section 9.60.130 (or successor provision, as may be amended from time to time) of this code.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 577 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012)
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3.25.080 Recordkeeping and hosting platform duties.

A. The owner or the owner's authorized agent or representative shall maintain for a period of three (3) years, records in such form as the tax administrator (as defined in Chapter 3.24) may require to determine the amount of transient occupancy tax owed to the city. The tax administrator shall have the right to inspect such records at all reasonable times, which may be subject to the subpoena by the tax administrator pursuant to Section 3.24.140 (Records) (Transient Occupancy Tax) (or successor provisions, as may be amended from time to time) of this code.

B. Hosting platforms shall not complete any booking transaction for any residential dwelling or other property purporting to be a short-term vacation rental unit in the city unless the dwelling or property has a current and valid short-term vacation rental permit issued pursuant to this chapter, which is not under suspension, for the dates and times proposed as part of the booking transaction.

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 (including a management company), shall authorize the city manager, or designee, to impose additional conditions on the use of any given short-term vacation rental unit to ensure that any potential additional violations are avoided.

B. Permit Modification, Suspension and Revocation. A violation of any provision of this chapter, this code, California Vehicle Code, or any other applicable federal, state, or local laws or codes, including, but not limited to, applicable fire codes and the building and construction codes as set forth in Title 8 of this code, by any applicant, occupant, responsible person, local contact person, owner, or owner's authorized agent or representative (including a management company), shall constitute grounds for modification, suspension and/or revocation (which may include permanent revocation) of the short-term vacation rental permit and/or any affiliated licenses or permits pursuant to the provisions set forth in Section 3.25.100.

C. Notice of Violation. The city may issue a notice of violation to any applicant, occupant, responsible person, local contact person, owner, owner's authorized agent or representative (including a management company), or hosting platform, pursuant to Section 1.01.300 (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties.

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, owner's authorized agent or representative (including a management company), with respect to any 577 CLICK HERE to Return to Agenda
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one (1) residential dwelling shall result in an immediate suspension of the short-term vacation rental permit with subsequent ability to have a hearing before the city, pursuant to this chapter, to request a lifting of the suspension. For purposes of this subsection, a "minor violation reprieve request" means a written request submitted to the city's code enforcement officer for relief from counting one (1) or more violations within the one (1) year period as a minor violation, and "minor violation" means a violation of a particular section of this code that resulted in minimal impact on the use and enjoyment of the adjacent and nearby properties caused by any of the following:

1. Minor debris or trash containers left in view as a first offense;

2. A short-term vacation rental permit number or bedroom count not posted on an advertisement as a first offense;

3. A short-term vacation rental permit number or bedroom count posted in the wrong location on an advertisement as a first offense; or

4. Over occupancy due to a minor child not associated with a disturbance.

A determination of whether a code violation is a minor violation shall be based on substantial evidence presented to the code enforcement officer relating to that violation.

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 (including a management company), or hosting platform, pursuant to Chapter 1.09 (Administrative Citations) (or successor provisions, as may be amended from time to time) of this code, if there is any violation of this chapter committed, caused or maintained by any of the above parties. Nothing in this section shall preclude the city from also issuing an infraction citation upon the occurrence of the same offense on a separate day.

An administrative citation may impose a fine for one (1) or more violations of this chapter in the maximum amount allowed by state law or this code in which the latter amount shall be as follows:

1. General Short-Term Vacation Rental 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 Short-Term Vacation Rental Without a Valid Short-Term Vacation Rental Permit. a. First violation: threeone thousand and five hundred dollars ($31,5000.00); b. Second or more violations: fivethree thousand dollars ($53,000.00); c. Third or more violations: five thousand dollars ($5,000.00) d. In addition to the fines set forth above, the first, second, third, or subsequent violation of operating a short-term vacation rental unitSTVR 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 STVRshort-term vacation rental unit w Without a Special Event Permit as Rrequired by Section 9.60.170 (or Ssuccessor Pprovision, as Mmay Bbe Aamended Ffrom Ttime to Ttime) of Tthis Ccode.
a. First violation: five thousand dollars ($5,000.00);
b. Second violation: five thousand dollars ($5,000.00). 578 CLICK HERE to Return to Agenda
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4. Advertising a Short-Term Vacation Rental Without a Valid Short-Term Vacation Rental Permit by Person(s) or Entity(ies) Other Than a Management Company. 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).

5. Advertising a Short-Term Vacation Rental Without a Valid Short-Term Vacation Rental Permit by a Management Company.
a. First violation: one thousand and five hundred dollars ($1,500.00) b. Second violation: three thousand dollars ($3,000.00); c. Third or more violations: five thousand dollars ($5,000.00); d. In addition to the fines set forth above, the first, second, third, or subsequent violation of advertising a short-term vacation rental unit without a valid short-term vacation rental permit by a management company shall be cause for the management company to be prohibited from being used to advertise or operate a short-term vacation rental unit at the property identified for not having a valid short-term vacation rental permit. Additionally, repeat violations, which is three (3) or more violations of this Subsection (E)(5), by a management company for advertising a short-term vacation rental unit without a valid short-term vacation rental permit shall be cause for the management company to be prohibited for all time from being eligible to be issued a short-term vacation rental permit and/or business license in the city for such property management purposes.

F. Public Nuisance. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person or entity to commit, cause or maintain a violation of this chapter, which shall be subject to the provisions of Section 1.01.250 (Violations public nuisances) (or successor provisions, as may be amended from time to time) of this code.
( Ord. 590 § 1(Exh. A), 3-16-2021; Ord. 586 § 1(Exh. A), 12-15-2020; Ord. 578 § 1, 2019; Ord. 572 § 1, 2018; Ord. 563 § 1, 2017; Ord. 501 § 2, 2012)

3.25.100 Appeals.

A. Any person aggrieved by any decision of a city officer made pursuant to this chapter may request a hearing before the city manager in accordance with Chapter 2.08 (or successor provisions, as may be amended from time to time) of this code.

B. Notwithstanding any provisions in Section 2.08.230 or otherwise in the code, the decision by the city manager of an appeal brought under this chapter shall be the final decision by the city for any violation of a 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) 579 CLICK HERE to Return to Agenda
ATTACHMENT 1 580 CLICK HERE to Return to Agenda
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ATTACHMENT 2 581 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 Areas
City Boundary
STVR Exempt Zone
STVR Exempt Zone -
HOA Approval Required
North La Quinta
Cove
Mid La Quinta
South La Quinta

EISENHOWER
DR

STVR ZONES
ATTACHMENT 3 582 CLICK HERE to Return to Agenda
La Quinta
Resort & Club
Avenida Montezuma
Avenida Montezuma
Avenida Carranza
Avenida Alvarado
Avenida Madero
Avenida Juarez
Avenida Rubio
Avenida Obregon
Calle Durango
Calle Sinaloa
Avenida Cortez
Calle Yucatan Avenida Diaz Avenida Diaz
r
Be
Fr
Elem
S
Calle Sinaloa Avenida Vallejo
Calle Hidalgo
Avenida Herrera
Avenida Martinez
Avenida Velasco
Ca
Avenida Ramirez
Eisenhower Dr Eisenhower Dr
0 250 500
Feet
±
City Boundary
Parcel
500 ft Buffer from Parcel
Large Lot Inventory
Address: 51251 Avenida Obregon (Yucatan Peninsula - Cove) APN: 773-052-035
Size: Approx. 32,179 square feet
Parcel Information
ATTACHMENT 4
583 CLICK HERE to Return to Agenda
Via Talavera
Marquessa Ln
Marquis Ln
vona
tain View
try Club
Via Roblada
51st Ave
Vista
B
onita
Trl
Columbus Way
El Dorado
Ln
Via Savona
52nd Ave
Avenue 52
Madison St
Via Portofino
0 250 500
Feet
±
City Boundary
Parcel
500 ft Buffer from Parcel
Large Lot Inventory
Address: 51555 Madison Street
APN: 777-030-006
Size: Approx. 402,355 square feet
Parcel Information
584 CLICK HERE to Return to Agenda
Calle Monterey
Avenida Martinez
Avenida Velasco
Calle Madrid
Avenida Vallejo
Calle Arroba
Avenida Mendoza
Avenida Villa
Avenida Navarro
Avenida Herrera
Del Gato Dr
Avenida Bermudas
Eisenhower Dr
Eisenhower
Park
Velasco Park
Avenida Vallejo
Del Gato Dr
0 250 500
Feet
±
City Boundary
Parcel
500 ft Buffer from Parcel
Large Lot Inventory
Address: 54038 Avenida Bermudas (Cove)
APN: 774-225-019
Size: Approx. 35,826 square feet
Parcel Information
585 CLICK HERE to Return to Agenda
586
CLICK HERE to Return to Agenda
423
282
414
251
212
243
2022

JULY AUGUST SEPTEMBER
2023 2022 2023 2022 2023
267
208
276
221
256 246

JULY AUGUST
2022 2023

SEPTEMBER
2022 2023 2022 2023
3rd Quarter (July - September 2023)

DESIGN & DEVELOPMENT

QUARTERLY REPORT
The Design and Development Department consists of three divisions:

Building, The Hub, and Planning
Building Division
Plan Check Submittals
-26% from Q3 2022
583 574
895
1,049
776
2019 2020 2021 2022 2023
Building Permits Issued
-27% from Q3 2022
543 447
709 799
675
2019 2020 2021 2022 2023

P L A N C H E C K A N D B U I L D I N G P E R M I T S
The Building Division administers and issues all residential and commercial building permit applications, reviews plans (plan checks), and conducts on-site building inspections for compliance with the La Quinta Municipal Code and California Building Standards Code.

DEPARTMENTAL REPORT ITEM NO. 5 587
CLICK HERE to Return to Agenda
Monthly Building Inspections
-20% from Q3 2022
2,042 1,797 2,026
1,543
2,038
1,556

JULY AUGUST SEPTEMBER
2022 2023 2022 2023 2022 2023
Average Building Inspections Per Day
-18% from Q3 2022
$146,343 $156,101
$139k
$50k
$153k
$51k
$98k
$60k $56k $40k
$85k
$39k $56k $67k
Plan Check Fees Building Permit Fees
-27% from Q3 2022 total of $201,266
$139k $110k
$263k
$201k $146k
2019 2020 2021 2022 2023
102 90 88
67 97
78 JULY AUGUST SEPTEMBER
2022 2023 2022 2023 2022 2023

JULY AUGUST SEPTEMBER
2022 2023 2022 2023 2022 2023

JULY AUGUST SEPTEMBER
2022 2023 2022 2023 2022 2023
3,056 2,441 3,043
6,106
4,896
2019 2020 2021 2022 2023
48 38 48
96 78
2019 2020 2021 2022 2023
-60% from Q3 2022 total of $390,122
$159k $187k
$401k $390k
$156k
2019 2020 2021 2022 2023
3rd Quarter Total 3rd Quarter Total

F I N A N C I A L D ATA

I N S P E C T I O N D ATA
588
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Permits Planning Business License

V I S I T O R A C T I V I T Y
B u s i n e s s L i c e n s e s

L I C E N S E S A N D P E R M I T S

C U S T O M E R S E R V I C E S
The Hub serves as a one-stop permit center. It is the central location for obtaining permits for planning, building, engineering, business licenses, and special events. The Hub also issues licenses and permits for items such as garage sales, home occupations, HVAC/windows/waterheater/utility change outs, pool drains, and re-roofs.
-9%
Othe r Perm i ts
150 136 150 120 156 136
-19%

P H O N E A C T I V I T Y
from Q3 2022 from Q3 2022
1,998
2,563
2,667
JUL 2023
AUG 2023
SEP 2023
0 1000 2000 3000
324
316
287
JUL 2023
AUG 2023
SEP 2023
0 250 500
Includes all phone calls received by the
Concierge, the Hub general line, and all
Permit Technicians.

Includes all visitors checked in by the
Concierge.

Average
Phone Calls
Received
Per Day
Average
Visitors
Per Day
15 115
181 237 217 208 241
138

JULY AUGUST SEPTEMBER
2022 2023 2022 2023 2022 2023

JULY AUGUST SEPTEMBER
2022 2023 2022 2023 2022 2023
222
632 761 639 583
2019 2020 2021 2022 2023
324 294 408 481 392
2019 2020 2021 2022 2023
589
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PLANNING
The Planning Division administers the zoning and development standards and works with residential and commercial developers, architects, builders, and businesses to ensure that development is consistent with the City's Zoning Code and General Plan. Planning staff coordinates with the Planning Commission, whose primary function is to develop and maintain the City’s General Plan, consider development applications, as well as to serve as an advisory body to the City Council.

Planning Staff Approvals
Relocation of ground-mounted mechanical equipment for new single-family home located at 53325 Humbolt Boulevard.

Temporary Use Permit for a temporary generator for the recreation pool buildings at the SolTerra residential development located at the southeast corner of Adams Street and Auto Center Drive.

Minor Adjustment to increase the maximum yard structure height by 10% at 54218 Avenida Martinez.

Special Event Permit for a private event within the Merv Griffin Estate at 81345 Avenue 54.

Special Event permit for the La Quinta High School 2023 Homecoming Parade through Old Town La Quinta.

Temporary Parcel Map to subdivide an existing 19.3-acre lot into two parcels at the southeast corner of Adams Street and Auto Center Drive.

Tentative Tract Map Revision to modify the existing Conditions of Approval and remove a lettered lot for an existing well site at the Sierra Blanca residential development located west of Monroe Street between Avenue 54 and Airport Boulevard.

Sign Program Amendment to allow two building-mounted signs and a 6 ft. freestanding monument sign at a commercial building on Dune Palms Road.

APPLICATIONS RECEIVED -32% from Q3 2022
7 6
11 7
10 6
Planning Commission Actions
Recommended City Council approval of the adoption of a Mitigated Negative Declaration, Tentative Parcel Map, Minor Use Permit, Site Development Permit, and Minor Adjustment for a mixed use project consisting of two commercial buildings and up to 180 apartment units at the northeast corner of Highway 111 and Dune Palms Road.

JULY AUGUST SEPTEMBER
2022 2023 2022 2023 2022 2023
28 26 28 28 19
2019 2020 2021 2022 2023
590 CLICK HERE to Return to Agenda
La Quinta Development In Progress
Longhorn
Steakhouse
Enzo's Addition
Stuft Pizza
Patio
Desert Club
Apartments
Home Depot
Tool Rental Center
Talus
Montage
Residences
591 CLICK HERE to Return to Agenda
592 CLICK HERE to Return to Agenda
DEPARTMENTAL REPORT ITEM NO. 7-A

PUBLIC SAFETY

QUARTERLY REPORT
Code Compliance / Animal Control
July 1 – September 30, 2023
542
609
790 809
653 630
439 391
496
609 580
687
914
667
589
477
611
519
Jan Feb Mar Apr May Jun Jul Aug Sep
Site Inspections*
2022 2023
*Site inspections are required to confirm violations and include STVR inspections and regular code complaints (e.g., trash containers, landscaping, property maintenance issues, etc.).

Signs
7% Animal Control
3%
Vehicle
Issues
19%
Business
License
12%
Building
Code
15%
Property
Maintenance
25%
STVRs
19%
Administrative Citations
Hearing Types:
• 21 Administrative
Hearings
• 6 Administrative Appeal
Superior Court
Quarter Highlights:
• $21,618 was collected in
unreported TOT on one
property caught operating
without a STVR Permit.

Collaboration between Code
and City Clerk Staff.
593 CLICK HERE to Return to Agenda
False Alarms
• $193,969 in fees collected to
date
• City Staff outreach to businesses
with multiple false alarms.

Animal Control Update
2 5
2 9
15 19
25 46
Impounds
1 3
9 12 14
46 Outcomes
Riverside County Animal Services
Department of Animal Services – Coachella Campus has walk-in hours from 10 a.m. to 4 p.m. In the event of a pet emergency, animal control question, or if you are interested in adopting, fostering or rescuing, please call 951-358-7387. Potential adopters, fosters, or resources can also send an email to [email protected] or visit their website at: https://www.rcdas.org/.

A false alarm means the activation of a security alarm system necessitating response by peace officers when an emergency does not exist. A service fee is due to the city after an excessive number of false alarms (defined as three or more false alarms) within a one-year period have been received from a particular business, residence, or property.
137
102 107
166 166
148
July August September
2022 2023
594 CLICK HERE to Return to Agenda
LA QUINTA SHERIFF’S STATION

QUARTERLY REPORT
July 1, 2023 – September 30, 2023
Statistics
Priority 1 – Involve circumstances that pose a clearly defined threat to human life or property; Priority 2 – Involve circumstances of an urgent but not life-threatening nature (e.g. minor assaults and batteries);
Priority 3 – Involve circumstances which are neither urgent nor life threatening (e.g. disturbances of the peace);
Priority 4 – Incidents occurring in the past or “cold” calls.

DEPARTMENTAL REPORT ITEM NO. 7-B
Average Response Time
Number of Calls for Service

5.48 14.09

20.36 29.57

6.74 20.18

29.45 30.77
Priority 1 Priority 2 Priority 3 Priority 4
July-22 Jul-23

5.92 13.62

22.36 25.33

5.4 17.74

27.07 37.46
Priority 1 Priority 2 Priority 3 Priority 4
Aug-22 Aug-23

6.08 14.42

25.52 37.25

5.34 15.6

25.85 29.11
Priority 1 Priority 2 Priority 3 Priority 4
Sep-22 Sep-23
25 400 383
170
28 466
305
166
Priority 1 Priority 2 Priority 3 Priority 4
July- 22 Jul-23
18 431
367
142
25 480
362
160
Priority 1 Priority 2 Priority 3 Priority 4
Aug-22 Aug-23
21 401
353
178
22 414
327
180
Priority 1 Priority 2 Priority 3 Priority 4
Sep-22 Sep-23
595
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Crime Statistics
RSO is transitioning to a new program, therefore these statistics are temporarily unavailable, but will be included in the next quarterly report.

Special Enforcement Team &
Business District
• Actions: 340
• Property Recovered: $49,200.
• Narcotics Seized: Meth 0.85 oz /
Fentanyl 0.028 oz
Traffic Team
• Actions: 571
Community Service Officers &
Crime Prevention Specialists
• Actions: 1,205
• Community Meetings: 1
• Trainings: 1
School Resource Officers
• Actions: 114
Excessive
Speed
Citations, 116
Seat Belt
Citations, 6
Other NonHazard
Citations, 157
Other Hazard
Citations, 281
Citations
DUI Collisions,
11 Traffic Injury
Collision, 30
DUI Arrests, 29
Fatality, 1
Non Injury and
Private
Property
Collision, 74
DUI Injury
Collision, 11
Collisions
Gang Task Force
• Actions in La Quinta: 9
• Narcotics Seized: Meth 0.003 oz
• Recovered Firearms: 1
Narcotics Task Force
• Actions in La Quinta: 42
• Narcotics Seized: Meth .5 lbs. / Cocaine

1.1 lbs. / Fentanyl Pills 5 lbs. /
Opiate Pills 505
Citizens on Patrol
• Actions: 4
• Hours Donated: 291.5 hours
Actions by Teams:
596
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Public Safety Camera System Statistics
Public Safety Camera System (PSCS) went live on September 20, 2021, since then, La Quinta Sheriff’s Department (LQSD) and City staff have been using the system to monitor City property, traffic accidents, traffic flow, police investigations, and managing special events.

System Statistics:
• Processed 32 public records requests from citizens and insurance companies. • 207 videos related to police investigations have been queried. • Of those queried, 112 videos related to police investigations have been exported. • No businesses have opted out of the PSCS.

Significant Incidents Involving the PSCS and FLOCK:
• On August 13, 2023, La Quinta deputies responded to the 78000 block of San Marino Court regarding a domestic disturbance. The suspect, a 57-year-old La Quinta male, pushed and punched his wife of 20 years while she was holding her children during an argument. The husband fled the location prior to Deputies’ arrival and the FLOCK camera system was used to locate his vehicle. A vehicle stop was conducted, and the husband was arrested without incident. He was booked at the jail in Indio.
• On July 11, 2023, Telephone Reporting Unit received a report of a fraudulent use of a credit cards. La Quinta SET Deputies assumed the investigation and conducted follow-up at the locations where the fraudulent credit cards were used. Deputies were able to identify the suspect, 31, transient of San Jacinto, who was currently on probation. Deputies contacted probation and had the suspect meet in person with his probation officer. Probation detained the suspect and deputies took him into custody. Under Miranda, suspect admitted to manufacturing the credit cards using dark web websites and admitted to all the fraudulent transactions. The suspect was transported and booked at the Indio jail for identify theft, unauthorized used of credit cards, commercial burglary, and violation of probation. • On August 13, 2023, La Quinta Deputies responded to PGA West Norman Course regarding a theft of an ice maker valued over $9000. During the investigation, deputies learned a similar ice maker was posted on Facebook Marketplace around the time it was stolen. The information was passed on to La Quinta SET, and using Flock, they were able to identify a suspect vehicle. On August 23, 2023, La Quinta SET conducted a Buy/Bust Operation by contacting the account holder, a 38-year-old Cathedral City male, about the ice maker. He confirmed he was still in possession and La Quinta SET scheduled to meet up with him in Cathedral City. Once La Quinta SET confirmed the ice maker was at the address, a search warrant was authored for the residence, and he ice maker was recovered. During the operation, the suspect vehicle left the location and was stopped. The driver, a 38-year-old Desert Hot Springs male, was detained.

Further investigation revealed the Cathedral City male and Desert Hot Springs male stole the ice maker together. They were both booked at the jail in Indio. 597
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598
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FIRE DEPARTMENT

QUARTERLY REPORT
July 1, 2023– September 30, 2023
Incident Response Activity
1st Qtr.
2023
1st
Qtr.
2022
Incident Type
Medical 885 945
False Alarm 100 124
Public Service 90 71
Assistance
Traffic Collision 51 57
Standby 4 19
Other Fire 5 6
Residential Fire 4 2
Vehicle Fire 2 9
Rescue 4 6
Ringing Alarm 1 12
Other Miscellaneous 2 0
Hazardous Materials 1 1
Commercial Fire 1 0
Multi-Family 0 0
Dwelling Fire
Wildland Fire 1 6
Incident Total In La 1,151 1,258
Quinta
DEPARTMENTAL REPORT ITEM NO. 7-C
Average Enroute to
On-Scene Time
516
218
32 4 4.77

66.93 562
259
46 1

4.93 64.75
<5
Minutes
+5
Minutes
+10
Minutes
+20
Minutes
Average
Min
% 0 to 5
Min
1st Qtr 2022 1st Qtr 2023
Enroute Time: When a unit has been acknowledged as
responding.

On-scene Time: When a unit has been acknowledged as
being on-scene.
1st
Qtr.
2023
1st
Qtr.
2022
Automatic Aid
LQ Resources Responding 1,055 1,133
in LQ
LQ Resources Aiding Other 668 806
Jurisdictions
Resources Aiding LQ 416 478
599
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Truck Report
For this quarter, Truck 86 recorded 19 responses, and Truck 33 had 3 responses in the City of La Quinta.

Fire Inspection Report
 Construction Plan Reviews – 79
 Planning Case Reviews – 6
 Construction inspections – 642
 Facility Inspections – 88
 Review and Inspection Service – During this period, the average turnaround time for plan reviews was 5-6 weeks; and the average turnaround time for inspections was 3-5 business days. With the new Fire Safety Supervisor on Staff as of September 21, these turnaround times are expected to be reduced soon.
474 508 478 603 576 341
859
1217 1022
1660
3009
2476
2018 2019 2020 2021 2022 2023 - to
September
Annual Review and Inspection Trends - La Quinta
Total reviews conducted Total inspections/actions completed Significant Incident Report
23CARRU110499: On July 28, 2023, CAL FIRE/Riverside County Firefighters responded to a reported single family structure fire in the City of La Quinta. The first arriving engine company reported smoke visible from the attic of a single-story home. Firefighters were able to knock the fire down in less than 15 minutes due to aggressive and coordinated fire attack. One adult was displaced but did not require assistance. The cause of the fire is under investigation. 23CARRU117745: On August 11, 2023, CAL FIRE/Riverside County Fire Department was dispatched to a medical aid at the La Quinta Resort. The patient was located at the pool. The engine arrived on scene to find an 8-year-old boy sitting with his father after a near drowning incident. The patient was alert and oriented when the fire department arrived. The patient was treated by fire department staff and transported by AMR to JFK Memorial Hospital for further evaluation. 23CARRU138636: On September 18, 2023, CAL FIRE/Riverside County Fire Department responded to a report of a residential structure fire with victims trapped inside a single-family home in La Quinta. The first arriving fire resource reported a 1500 square foot single family dwelling, well involved with fire with multiple exposures. Additional resources were ordered to assist with the fire. Firefighters quickly deployed hose lines and initiated a search of the residence. All occupants of the home had exited the residence; however, one occupant had minor smoke inhalation and was transported to a local area hospital. Firefighters were also hampered with down power lines to the rear of the structure. Firefighters contained the fire to the building of origin.
600
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AIRPORT COMMISSION MEETING AGENDA
Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262
Wednesday, October 18, 2023 - 5:30 P.M.

Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be in-person public access to the meeting location.

To submit your public comment to the Airport Commission electronically. Material may be emailed to: [email protected] - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record.

This is a hybrid in-person and virtual meeting. To virtually observe the meeting or to virtually provide public comments, please use the following Zoom link
https://us02web.zoom.us/j/86019815290?pwd=ZitOZDIyeGZhNUNEQTVkU29nTUdPdz09 or call (669) 900-6833 and enter Meeting ID: 860 1981 5290 - Passcode: 583916 City of Palm Springs: Riverside County:

Margaret Park
City of Cathedral City:

Tony Michaelis
City of Palm Desert:

Aftab Dada - Kevin Wiseman
Chair
David Feltman
Kevin J. Corcoran
Vice Chair J Craig Fong City of Indian Wells:

Robert Berriman
City of Coachella:

Denise Delgado
City of Rancho Mirage:

Keith Young Gerald Adams Tracy Martin
Todd Burke M. Guillermo Suero City of La Quinta:

Kathleen Hughes
City of Desert Hot Springs:

Jan Pye
City of Indio:

Daniel Caldwell Dave Banks Rick Wise
Palm Springs City Staff
Scott C. Stiles Harry Barrett Jr., A.A.E. Jeremy Keating City Manager Airport Executive Director Assistant Airport Director

1. CALL TO ORDER – PLEDGE OF ALLEGIANCE

2. POSTING OF AGENDA

3. ROLL CALL

4. ACCEPTANCE OF AGENDA

5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission
REPORTS AND INFORMATIONAL ITEM NO. 27
601 CLICK HERE to Return to Agenda
Airport Commission Meeting Agenda
October 18, 2023 – Page 2
_______________________________________________________________________________________

6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of May 17, 2023

7. INTRODUCTIONS AND PRESENTATIONS:

7.A Airport Commissioner Dave Banks (Palm Springs)

7.B Jake Ingrassia, Communications and Marketing Specialist

7.C Interim City Attorney Oscar Verdugo

8. DISCUSSION AND ACTION ITEMS:

8.A Measure J Funds

8.B Airport Master Plan Update

8.C Marketing and Air Service Update

8.D Turo

8.E Financial Summary Update

8.F Concessions Update

8.G Projects and Airport Capital Improvement Program Update

9. EXECUTIVE DIRECTOR REPORT

10. COMMISSIONERS REQUESTS AND REPORTS

11. REPORT OF COUNCIL ACTIONS:

11.A Past City Council Actions

11.B Future City Council Actions

12. RECEIVE AND FILE:

12.A Airline Activity Report September 2023

12.B Airline Activity Report Fiscal Year Comparison

13. COMMITTEES:

13.A Future Committee Meetings

13.B Committee’s Roster
ADJOURNMENT:

The Airport Commission will adjourn to a Regular Meeting on November 15, 2023, at 5:30 P.M.
602 CLICK HERE to Return to Agenda
Palm Springs Airport Commission Report – October 18, 2023 Meeting Introduction of New Commissioner and New Staff: Dave Banks – Airport Commissioner Palm Springs, Jake Ingrassia – Communications and Marketing Specialist, Oscar Verdugo – Interim City Attorney
Discussion and Action Items:

Measure J Funds: $1.5 million balance available for airport to use in a manner that will “upgrade the passenger experience at the airport”. After a lengthy discussion it was voted on to use this money on the Shade Area Phase 1 and on Shade Structure in Uber/Lyft/Taxi area. Balance of funding would go towards Restroom Capacity & ADA Renovation and Carpet Replacement of which the airport would pay 50% of the cost on these two items.

Airport Master Plan: It has been narrowed down to two plans after having public meetings and gaining more public buy-in. One is more conservative with renovating and adding wings on each side of the current airport terminal which is deemed a national historical building and the other plan which is more aggressive is a new airport on the south side. The December commission meeting will be a deep dive into both concepts with the goal of presenting at February City Council.

Marketing and Air Service Update: Daniel Meier reported that based on October 12, 2023 information for the future – November is 0.1% down from November actual 2022 and December is

4.8 % behind. Preparing for the snowbirds, Canadian service will rev up in early November.

Turo: Peer to Peer Vehicle Sharing at the airport as part of our technological expansion has been proposed. It is similar to a AirBNB where instead of vacation car rentals, individuals can rent their own personal vehicles to the public. Governor Newsom requires TURO to secure an operating permit at any airport that they service by July 1, 2024. Since the car rental revenue is the single largest revenue stream currently at the airport, majority of commissioners were not in favor of this program at this time but is committed to remaining adaptable for future needs and additional nonaeronautical revenue vital to the airport’s success.

Financial Summary Update – Victoria Carpenter, Finance Director, was brief with her report as the meeting had been very long and simply stated that the airport continues to be profitable and is now entering our high season. Financial breakdowns were in commissioners packets.

Concessions Update – Jeremy Keating, Assistant Airport Director, notes that there is progress continues and the addition of the new Aviation Planner has been beneficial. They held a public concession update to demonstrate transparency and 60 people attended. Then they also had a “shark tank” style of meeting with potential vendors to give them a better understanding of what type of concessions would be appealing to our market. They received positive feedback on both meetings. More signage is going up in two weeks.

Projects and Airport Capital Improvement Program: New building official are doing their best in dealing with a new system and many new city staff which are taking longer than anticipated to move projects along. Weekly meetings have been scheduled. 603 CLICK HERE to Return to Agenda
Executive Director Report – Harry Barrett reminded all of us that this is a 30 month plan to create a master plan valid through year 2045. Updates are as follows:
 FAA provided an approval of PSP’s aviation forecast through 2043. In early December a review is planned with the entire airport commission
 Common Use Passenger Processing System – regional jet concourse gates have all been fully converted into a common use platform between airlines. Renovation of gate 5 & 7 of Bono concourse is nearly complete and fully converted.
 Outbound baggage handling system – in design process
 Baggage claim expansion and renovation – in design process  Public Parking Electrification – Lot D – PSP was approved for expansion of electric infrastructure and airport staff have ordered the Level 2 chargers which will arrive in coming weeks.
 Sterile Area Shade Structures – Awaiting permit, Design approved  Employee and Economy Parking Lots reconfiguration – in process  Restroom Renovation – Solicitation for bids closed and cost proposals received  Taxiway W and A1 rehabilitation – in design
 Feasibility study for Federal Inspection Station (international air service) – in process.

Airport staff is continuing discussions with Customs and Boarder Protection regional leadership about PSP plans to expand international air service. -
604 CLICK HERE to Return to Agenda

La Quinta City CouncilNovember 7, 2023

La Quinta City Council
November 7, 2023