Chapter 21.32 — TIME-SHARE USES — Indian Wells Zoning Code

§ 21.32.010. Purpose and findings. ¶

(a) There is a critical shortage of permanent, long-term housing in the City of Indian Wells.
(b) A limited supply of suitable vacant land, land values, and market demand for land for other uses have limited the construction of additional housing in the City.
(c) The City is a popular tourist destination known for its scenic Coachella Valley location, exceptional resorts, and small-town character.
(d) The City stands out in the Coachella Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City's tourist economy is key to maintaining a sustainable community and a stable economy.
(e) Time-share uses are not an appropriate land use in the City's residential districts due to the multiple transitory occupancy of time-share properties, the short-term tourist-oriented use of such property, and commercial management of time-share facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities through commercial-level maintenance of the time-share facilities, and therefore are appropriately confined to commercial zoning districts.
(f) Conversion of permanent housing to time-share facilities removes existing housing units from the City's existing stock and exacerbates an already severe housing shortage.
(g) It is therefore in the public interest to prohibit conversions of existing housing units into time-share facilities, as to do so eliminates needed housing stock by diverting those units to tourist-oriented, commercial use.
(Ord. 761, 12/19/2024)

§ 21.32.020. Definitions. ¶

For purposes of this Chapter, the following words and phrases have the meaning respectively ascribed to them by this Section:

"Accommodation" means any dwelling unit, apartment, condominium, condominium hotel or hotel unit, hotel or motel room, or other structure constructed for residential use and occupancy, including, but not limited to, a single-family dwelling, or unit within a multifamily dwelling, all as defined in Chapter 21.08 .

"Building" shall have the meaning ascribed to it by Chapter 21.08 .

"Dwelling unit" shall have the meaning ascribed to it by Chapter 21.08 .

"Managing entity" means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.

"Person" means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof.

"Time-share instrument" means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan.

"Time-share interest" means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.

"Time-share plan" means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, 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.

"Time-share property" means one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations.

"Time-share use" means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.

(Ord. 761, 12/19/2024)

§ 21.32.030. Time-share uses restricted. ¶

(a) Except as hereinafter provided, time-share uses are prohibited in all zones within the City.
(b) The following two time-share uses (previously referred to as time share projects), which were in existence as of October 16, 1980, shall be permitted subject to the following limitations:
- (1) Sweetwater Condoshare. The 44 condominium units designated in a document filed with the City Clerk's office as Palm Springs Condoshare Project I; and
- (2) Worldwide Vacations. The 48 hotel rooms are currently in existence and located at 75-188 Highway 111.
(c) The following two time-share uses, which were in existence as of January 1, 2024, shall be permitted subject to the limitations in subsection D below:
- (1) The "co-owned home" located at 77003 Iroquois Drive; and
- (2) The "co-owned home" located at 45655 Apache Road.
(d) The two time-share uses identified in subsection C above are permitted subject to the following restrictions:
- (1) Rental of any part of the dwelling or property for fewer than 30 days is prohibited.
- (2) Commercial events are prohibited.
- (3) Large gatherings are prohibited. For purposes of this paragraph, "large gathering" means a gathering with more people than the twice the number of bedrooms in the dwelling.
- (4) All violations of the City's noise ordinance or any other part of the City's code are prohibited.
- (5) All vehicles for users of the dwelling must be parked in the garage or driveway or otherwise legally parked.
- (6) Weapons at the property are prohibited.
- (7) Unlawful substances are prohibited.

(8) Unlawful activities are prohibited. (Ord. 761, 12/19/2024)

§ 21.32.040. Violations, enforcement, and civil penalties. ¶

(a) Any responsible person, including but not limited to an owner of a time-share interest, 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 an accommodation in violation of this chapter 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 this chapter. Such violation punishable in accordance with Chapter 1.16 .
(b) Time-share use or advertisement for time-share use of an accommodation in violation of this chapter is a threat to public health, safety, or welfare and is thus declared to be unlawful and a

public nuisance. Any such nuisance may be abated or restored by the enforcement official and also may be abated in accordance with Chapter 1.16 , except that the civil penalty for a violation is $1,000.00 for each offence. Each day the violation occurs constitutes a separate offense.

(c) Any responsible person who violates this chapter is liable and responsible for a civil penalty of $1,000.00 per violation per day that such violation occurs. The City may recover such civil penalty by either civil action or administrative citation. Such penalty is in addition to all other costs incurred by the City, including without limitation the City's staff time, investigation expenses, and attorney's fees.
- (1) When the City proceeds by civil action, the court has discretion to reduce the civil penalty based on evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person's enrichment or profit as a result of the violation of this chapter. In any such civil action the City also may abate or enjoin any violation of this chapter.
- (2) When the City proceeds by administrative citation, Chapter 1.20 governs.
(d) Any violation of this chapter may also be abated or restored by the enforcement official and also may be abated in accordance with Chapter 1.16 , except that the civil penalty under Chapter 1.16 for a violation is $1,000.00.
(e) Each day the violation of this chapter occurs constitutes a separate offense.
(f) The remedies under this chapter are cumulative and in addition to any and all other remedies available at law and equity."
(Ord. 761, 12/19/2024)