HomeMy WebLinkAboutORD 236ORDINANCE NO. 236
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING AN EMERGENCY AND
PROHIBITING AND PLACING A MORATORIUM ON
TIME-SHARE PROJECTS IN ANY ZONE WITHIN
THE CITY OF PALM DESERT.
THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN, AS FOLLOWS:
SECTION 1. URGENCY. This Ordinance is adopted
as an urgency measure pursuant to the authority of Section
65858 of the Government Code of the State of California, to
institute a moratorium upon establishment within the City
of Palm Desert of any "time-share" or "interval ownership"
project. The nature of the emergency justifying the
adoption of this Ordinance as an urgency measure is that a
number of time-share or interval ownership projects are
being developed or proposed for development within the City
at a time when the extent of needed control, the effect of
existing zoning controls, the effect upon transient occupancy
tax revenues, and the nature of sales and promotional techniques
to be used, all remain uncertain. Each of such matters is or
may be contrary to the public health, safety and welfare.
SECTION 2. DEFINITIONS.
Time-share Project shall mean one wherein a purchaser
receives the right in perpetuity, for life, or for a term of years,
to the recurrent, exclusive use or occupancy of a lot,
parcel, unit, room(s), or segment of real property, annually
or on some other seasonal or periodic basis, for a period of
time that has been or will be allotted from the use or
occupancy periods into which the project has been divided
and shall include, but not be limited to time-share estate,
interval ownership, vacation license, vacation lease, club
membership time-share, and time-share use, as hereinafter
defined.
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Time-share Estate shall mean an ownership or
leasehold estate in property devoted to a time-share fee
(tenants in common, time span ownership, interval ownership)
or a time-share lease.
Interval Ownership shall mean the buyer owns a
unit during a stipulated period of time for a specified
number of years, or in perpetuity, generally including a
provision that at the end of the useful life of the building,
or at the end of the time span, ownership becomes tenancy in
common with all other owners of the real property of which
the unit is part.
Vacation License shall mean a right granted to a
buyer to use a unit for a specified time period for a term
of years, or useful life of the building. The buyer may or
may not be permitted to sell his license.
Vacation Lease shall mean a lease on a particular
unit, which entitles the lessee to a fixed annual period of
occupancy.
Club Membership Time-share shall mean a concept
where a buyer purchases a club membership which allows a
right to occupy a unit for a specified period of time each
year. The club is a nonprofit association, purchasing or
leasing structure(s) for the benefit of club members. Time
periods may be fixed or selected annually.
Time-share Use shall mean any contractual right of
recurrent periodic exclusive occupancy which does not fall
within the definition of a "Time-share Estate" including,
but not limited to, a vacation lease, vacation license, club
membership, limited partnership or vacation bond.
SECTION 3. MORATORIUM. A ninety (90) day mora-
torium is hereby established within which to initate a study
to ascertain the magnitude of the potential problems in the
concept of "time-share" projects within the City of Palm Desert
and to develop controls in compliance with State Law for the
following purposes:
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a. The "time-share" concept is a transient type
of activity and has no apparent local control under the City's
current ordinances. A study is needed to determine the compa-
tability of this concept with the City's existing residential
zoning classifications to insure protection of the public's
health, safety and welfare.
b. The relationship between the "time-share
tourist type use and the City's existing Transient Occupancy
Tax needs to be studied and resolved.
C. The communications involved in the promotion
of the "time-share" concept and sales of time-share units
within the City may require restrictive legislation to
prevent high pressure sales tactics and other possible
impositions upon the public. Additional time is necessary
to study and propose means and methods of control for the
promotion and sale of "time-share projects" and/or vacation
licenses.
SECTION 4. ZONES PROHIBITING TIME-SHARE PROJECTS.
During the period of the above stated moratorium, time-share.
projects shall not be a permitted use in any zone in t141
City of Palm Desert.
SECTION 5. EXCEPTIONS. This Ordinance shall not
affect time-share projects for which approved permits from
the State Department of Real Estate have been issued or
projects in which units have been lawfully sold or offered
for sale to the public, at the date of adoption of this
Ordinance.
SECTION 6. EFFECTIVE PERIOD OF ORDINANCE. This
Ordinance shall remain in effect for a period of ninety (90)
days from the date of adoption unless sooner repealed or
otherwise modified, and subject to any extension of the time
period, pursuant to and in accordance with Section 65858 of
the Government Code of the State of California.
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SECTION 7. This Ordinance shall be in full force
and effect immediately upon adoption by at least a four -
fifths vote of the City Council.
SECTION 8. The City Clerk shall certify to the
passage of this ordinance and shall cause the same to be
posted as required by law.
PASSED, APPROVED and ADOPTED by the City Council
of the City of Palm Desert, California on the 4th day of
December, 1980, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Newbrander, Puluqi, Snyder & Wilson
None:
McPherson
None
ATTEST:
"— SHEILA R. G LIGANCITY CLERK
CITY OF PALM DESER , , CALIFORNIA