Pacific Grove City Zoning Code

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:

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.

The height of any structure shall not exceed 25 feet.

Two covered automobile parking spaces shall be provided for the exclusive use of each dwelling unit.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.