PCRES 1991-024PLANNING COMMISSION RESOLUTION 91-024
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, RECOMMENDING TO THE CITY
COUNCIL TO ADD CHAPTER 9.78 TIME SHARE
REGULATIONS TO THE MUNICIPAL CODE AND
CONFIRMATION OF THE ENVIRONMENTAL
DETERMINATION
ZONING ORDINANCE AMENDMENT 91-017 - TIME SHARE REGULATIONS
WHEREAS, the Planning Commission of the City of La Quinta did on the
13th day of August, 1991, hold a duly noticed Public Hearing recommending to the
City Council adding Chapter 9.78 to the La Quinta Municipal Code prohibiting time
share throughout the City; and,
WHEREAS, this Text Amendment has complied with the requirements of
"The Rules to Implement the California Environmental Quality Act of 1970" (County
of Riverside, Resolution 82-213, adopted by reference in City of La Quinta Ordinance
No. 5) , in that the Planning Director has conducted an updated initial study and'has
determined that the proposed Text Amendment will not have a significant adverse
effect on the environment and that a Negative Declaration is hereby adopted for this
application; and,
WHEREAS, upon hearing and considering all testimony and arguments,
if any, of all interested persons desiring to be heard, said Planning Commission did
find the following facts to justify recommendation for approval of said Text
Amendment:
1. The City of La Quinta has no regulations dealing with time share. It has been
up to the discretion of the State.
The prohibition of time shares within the City will preserve the existing
residential neighborhoods and promote the health, safety, and welfare of the
community.
3. Time share facilities permit a type of use which is not compatible with the
permanent residential character of the community.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
That the above recitations are true and correct and constitute the findings of
the Commission in this case;
That it does hereby confirm the conclusion of Environmental Assessment 91-
201 , indicating that the proposed Text Amendment will not result in any
significant environmental impacts and that a Negative Declaration should be
adopted;
RESOPC.028
That it does hereby recommend to the City Council approval of the above
described Zoning Ordinance Text Amendment request for the reasons set forth
in this Resolution, and as illustrated in Exhibit "A", attached hereto.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 13th day of August, 1991, by the following
vote, to wit:
AYES: Commissioners Mosher, Ladner, Ellson, Chairwoman Barrows
NOES: None
ABSENT: Commissioner Marrs
ABSTAIN: None
KATIE BARROWS, Chairpersoji
City of La Quinta, California
A
of ra Quinta, California
RESOPC.028
EXHIBIT "A"
SECTION 1. Chapter 9.78 is hereby added to read in its entirety as
follows:
9.78.010 Definitions. As used in this Chapter:
A. A "time share project" is one in which a purchaser receives a right in
perpetuity, for life, of for a term of years to the recurrent exclusive
use or occupancy of a lot, parcel, unit or segment of real property
annually or on some other 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;
B. A "time share estate" is a right of occupancy in a time share project
which is coupled with an estate in real property;
C. A "time share use" is a license or contractual or membership right of
occupancy in a time share project which is not coupled with an estate in
real property.
9.78.020 Prohibitions. It is unlawful to convert to a time share project, a time-
share estate or a time share use, all or any part of:
A. An existing single family residential unit;
B. An existing residential unit in a condominium project;
C. An existing apartment or multifamily residential unit; or
D. An existing hotel or motel room or unit.
9.78.030 Additional prohibitions.
A. It is unlawful to either construct, sell or develop any time share project
or time share estate in the City.
B. It is unlawful to sell any right of occupancy in a time share estate.
C. It is unlawful to sell, rent or give by contract or otherwise any license
or membership right of occupancy in a time share project.
9.78.040 Existing Time share Project and Uses.
A. Time share projects and uses which were in existence as of
(the effective date of this Ordinance) shall be permitted.
B. The existing time share project shall not be permitted to be expanded
or enlarged.
C. The proof of existence prior to (effective date of Ordinance)
shall be the responsibility of the owner/developer and subject to the
City's acceptance.
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