Avalon City Zoning Code
CHAPTER 9
14 Time-Share Projects
§ 9-14.101 Intent and Purpose.
[§ 1, Ord. 788, eff. February 12, 1986]
It is the intent of the City of Avalon to regulate the creation and development of time-share projects within the City in order to ensure that such projects promote the goals and policies of the Avalon General Plan and Local Coastal Plan.
§ 9-14.102 Definitions.
[§ 1, Ord. 788, eff. February 12, 1986]
(a)
TIME-SHARE INTEREST – A right in perpetuity, for life, or for a term of years, to the recurrent and exclusive use or occupancy of a lot, parcel, unit, or segment of real property, annually, first reserved first served, or on some other basis, for a period of time which has been or will be allotted from the use or occupancy periods into which the project has been divided.
(b)
TIME-SHARE PROJECT – A lot, parcel, unit or other segment of real property whose ownership includes at least one time-share interest. For purposes of this chapter, if the time-share project is a congregate housing project, the entire structure or complex shall be deemed a time-share project. Time-share projects include both new construction and conversions from non-time-share use.
§ 9-14.103 Certain Conversions Prohibited.
[§ 1, Ord. 788, eff. February 12, 1986]
The following types of accommodations shall not be converted to a time-share project:
§ 9-14.104 Conditional Use Permit and Site Plan Approval Required.
[§ 1, Ord. 788, eff. February 12, 1986]
All applicants for time-share projects shall obtain a conditional use permit pursuant to the procedures and substantive findings set forth in §§ 9-8.401 et seq. of this Code and the additional requirements set forth in this chapter, and shall secure site plan approval or approval with conditions pursuant to §§ 9-8.201 et seq. of this Code. No conditional use permit shall be issued pursuant to this chapter unless the use of time-share projects is explicitly included among the possible uses in the zone in which the proposed project would be located.
§ 9-14.105 Application for Conditional Use Permit.
[§ 1, Ord. 788, eff. February 12, 1986]
In addition to the procedures set forth in §§ 9-8.401 et seq. of this Code, the applicant shall provide to the City the following information or documents;
(a)
If the proposed time-share project would consist of fewer than all of the units of a congregate housing project, the applicant shall identify which units are proposed to be part of the time-share project;
(b)
The duration of the proposed time-share interest, i.e. in perpetuity, for life, for a term of years, or some other basis;
(c)
The nature of the proposed time-share interest, i.e. an interest in a particular lot, parcel, unit or other segment of real property, or an undivided interest by license, partnership, tenancy in-common or otherwise;
(d)
Copies of the proposed documentation which would establish the nature of the time-share interests in the proposed timeshare project, as well as any proposed documentation which would establish any restrictions on the use, modification or alienation of such time-share interests. As appropriate, such documents shall include but not be limited to articles of incorporation, by-laws, license agreements, membership agreements, partnership agreements, and covenants, conditions and restrictions;
(e)
The number of golf carts which the applicant proposes to register with the time share project, provided, however, that such number shall not exceed the number of individual lots, parcels, units or other divided segments of real property which are to constitute a time-share interest for such proposed time-share project.
(f)
A report or other document which sets forth the applicant's proposal for managing the time-share project, including, but not limited to, the number and duties of personnel, an itemized budget, and a description of management duties.
(g)
If the proposed time-share project is to be converted from existing buildings or structures, a report describing in detail the condition and expected useful life of the proposed project's roof, foundation, and mechanical, electrical, plumbing and structural elements. The report shall additionally include data describing the acoustical attenuation characteristics of any party walls and party ceilings/floors. This report shall be prepared by a registered civil or structural engineer, a licensed architect, or licensed general engineering contractor. Such report shall also include, as necessary, a schedule for bringing the affected property into compliance with the City's Planning and Zoning Ordinance, City Fire Code, and County Building Code.
If the Commission grants the conditional use permit, the representations made by the applicant/permittee in this section shall constitute terms of the conditional use permit and the permit shall be subject to forfeiture if the permittee changes such terms without the City's prior express written approval. |
§ 9-14.106 Necessary Findings for Granting a Conditional Use Permit.
[§ 1, Ord. 788, eff. February 12, 1986]
In addition to the findings set forth in § 9-8.404, the Commission shall find the following:
(a)
If the proposed time-share project is a "subdivision" as defined by Business and Professions Code § 1104.5(e)(1) or 1104.5(e)(2), the applicant has provided a public report issued pursuant to Business and Professions Code §§ 11010 et seq.;
(b)
The time-share project would not unduly reduce the availability or affordability of transient or permanent rental accommodations within the City;
(c)
The time-share project would not unduly reduce the availability or affordability of low and moderate income housing within the City;
(d)
The time-share project complies with all applicable building, safety and fire standards;
(e)
The time-share project parking includes facilities which comply with the specific zone where the time-share project is to be located;
(f)
The time-share project would be managed in a manner which ensures that the property would be well maintained and the time-share project would be a viable commercial enterprise;
(g)
The time-share project is consistent with the City's annual growth policy as set forth in the City's General Plan; and;
(h)
The time-share project satisfies all applicable Code provisions relating to advertising signs.
The Commission may, in its discretion, establish and evaluate additional conditions which it determines to be appropriate. |
§ 9-14.107 Vehicles.
[§ 1, Ord. 788, eff. February 12, 1986]
(a)
No more than one vehicle shall be registered to any one unit in a time-share project.
(b)
The conditional use permit for a time-share project shall set forth the maximum number of golf carts which may be registered for the time-share project, provided, however, that such number shall not exceed the number of units, lots, parcels or other segment of real property which constitute a time-share interest for such time-share project.
§ 9-14.108 License Tax.
[§ 1, Ord. 788, eff. February 12, 1986]
Every time-share project shall pay an annual license tax as set forth in § 3-1.211 of this Code.
§ 9-14.109 Time-Share Conversion.
[§ 1, Ord. 788, eff. February 12, 1986]
If the applicant proposes to convert any congregate housing project to a time-share project, the applicant shall deliver to each party who holds an interest in the structure or complex a notice regarding the proposed conversion before filing an application for a conditional use permit. Such notice must be delivered to all such parties at least 15 days prior to any public hearing regarding the conditional use permit for the proposed conversion. Such notice shall contain the following information: (a) the name and address of the project's owner or the owner's representative; (b) the approximate date of the proposed conversion; (c) the party's right to be heard at any public hearings regarding the conditional use permit for the conversion, and the date(s) of such hearing(s). Proof of service of the notice as well as a list of names and addresses of all such parties shall be provided to the City.
The applicant bears the burden of demonstrating at any public hearing regarding the conditional use permit for the proposed conversion that the applicant has fully satisfied the requirements of this section.
§ 9-14.110 Appeals.
[§ 1, Ord. 788, eff. February 12, 1986]
An applicant for a time-share project may appeal an adverse decision pursuant to Avalon Municipal Code § 9-8.601 et seq.
§ 9-14.111 Severability.
[§ 1, Ord. 788, eff. February 12, 1986]
In any section, subsection, sentence, clause or phrase of this chapter is for any reason held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any other portion of the chapter, it being the intent hereof that each section, subsection, sentence, clause and phrase hereof would have been adopted irrespective of the fact that any one or more section, subsection, sentence, clause or phrase be declared invalid.