Effective the date of the adoption of the ordinance codified in this chapter by the city council or by the voters of the city of Pacific Grove, the following regulations shall apply to multiple residential developments involving condominiums or planned unit developments (PUDs), in lieu of any ordinance or resolution to the contrary:

(a) In any planned unit or condominium development, the permitted number of dwelling units per acre shall not be more than 25 percent greater than that constructed in the nearest single-family residential district (hereafter referred to as defined in the Pacific Grove zoning ordinance, PGMC 23.12.010, as it existed on June 1, 1982). Should more than one single-family residential district be adjacent to the development, the lowest number of units per acre will be observed. However, in no case shall there be less than 4,000 square feet of land per unit. In computing land area available for such purposes, areas shall be excluded which would not normally constitute part of the building site, such as:

(1) A minimum of 24-foot-wide strip for the length of any private roadway proposed for common use;

(2) Any area serving as commercial or visitor-commercial use and uses ancillary thereto; and

(3) Clubhouses, common recreational buildings, meeting rooms, and sales rooms and area.

(b) Fifty percent of the entire building site area, but exclusive of common roadways, shall not be covered vertically from the ground upward and shall be landscaped with permeable plants or materials.

(c) The height of any structure shall not exceed 25 feet.

(d) Two covered automobile parking spaces shall be provided for the exclusive use of each dwelling unit. [Ord. 1315 N.S. § 1, 1982].

(a) For the purposes of this chapter, “timeshare project” means any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare project shall be deemed to exist whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property.

(b) The definition of “timeshare project” set forth herein shall take precedence over the definition of a “timeshare” or “timeshare project,” by whatever name, if any, elsewhere in state law or this code.

(c) The definition of “timeshare project” set forth herein may be changed in the future by an ordinance adopted by the city council without voter approval only to the extent that those changes would not lessen or eliminate the prohibition of timeshare projects. [Ord. 24-019 § 3, 2024].

Timeshare projects shall not be permitted in the city of Pacific Grove. [Ord. 1315 N.S. § 1, 1982].

(a) Any responsible person, including but not limited to an owner of a timeshare project, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of PGMC 23.45.020 is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of PGMC 23.45.020. Such violation shall be punishable pursuant to this code.

(b) Any responsible person, including but not limited to an owner of a timeshare project, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of PGMC 23.45.020 is subject to administrative fines and/or penalties as set forth in this code.

(c) Each day a violation of this section occurs shall constitute a separate offense, and the remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

(d) The prohibition of advertising timeshare projects set forth herein shall not apply to any lawful timeshare project established prior to the codification of Measure B in this chapter.

(e) The prohibition of advertising timeshare projects set forth herein may be changed in the future by an ordinance adopted by the city council without voter approval only to the extent that those changes would not lessen or eliminate this prohibition. [Ord. 24-019 § 3, 2024].

It is the intention of this chapter to avoid special privileges for condominiums and planned unit developments and to have such forms of development conform to the zoning standards and subdivision standards applicable to single-family residential district development. It is also the intention of this chapter in prohibiting timeshares to avoid the conversion and loss of the city’s residential stock and character. [Ord. 1315 N.S. § 1, 1982].

(a) No person or entity shall assist any other person or entity in the marketing, creation, use, sale or purchase of a timeshare project.

(b) Each day a violation of this section occurs shall constitute a separate offense, and the remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

(c) The prohibition of assisting with timeshare projects set forth herein shall not apply to any lawful timeshare project established prior to the codification of Measure B in this chapter.

(d) The prohibition of assisting with timeshare projects set forth herein may be changed in the future by an ordinance adopted by the city council without voter approval only to the extent that those changes would not lessen or eliminate this prohibition. [Ord. 24-019 § 3, 2024].

No building permit shall be issued that is not consistent with the provisions of this enactment. [Ord. 1315 N.S. § 1, 1982].

This chapter, including all amendments thereto, shall be broadly construed in order to achieve its purpose and shall be interpreted so as to be consistent with all applicable federal and state laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this chapter is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The voters hereby declare that this chapter, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions were declared invalid or unconstitutional. If any provision of this chapter is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this chapter that can be given effect without the invalid application. [Ord. 24-019 § 3, 2024; Ord. 1315 N.S. § 1, 1982].