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Home My WebLink About1982-12-08; Planning Commission; Resolution 2050i y, , . '7 I, Ii 1) 0 1 PLANNING COMMISSION RESOLUTION NO. 2050 2 3 4 5 A RESOLUTION OF THE PLANNING COMMISSION OF THE CIT' CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF A Z( CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 21.04.3 21.42.010(10) TO DEFINE AND REGULATE THE DEVELOPME: OF TIME-SHARE PROJECTS. APPLICANT: CITY OF CARLSBAD I CASE NO. : ZCA-152 ?5 I/ WHEREAS, the Planning Commission did, on the 24th 7 8 November, 1982, and on the 8th day of December, 1982, hold noticed public hearing a prescribed by law to consider said 9 I/and lo // WHEREAS, at said public hearing, upon hearing and "Ilconsidering all testimony and arguments, if any, of all per l2l1desiring to be heard, said Commission considered all factor 13iirelating to the Zone Code Amendment. I.4 I) NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planr l5 Ilcommission as follows: 16 1(A) That the above recitations are true and correct. 7 rY II If B) That based on the evidence presented at the public hei 18 part hereof, based on the following findings: 19 Exhibit "A" dated November 9, 1982, attached hereto a1 the Commission recommends APPROVAL of ZCA-152 accordil 20 1) That the proposed amendment adequately defines time-SI 21 Findings: 22 2) The proposed amendment will adequately control the lo 23 a time-share project so that it has a reasonable chan financial success and will not adversely impact adjac 24 developments. projects. 25 26 27 28 13) The project will not cause any significant environmen impacts and a Negative Declaration has been issued by Use Planning Manager on November 12, 1982 and approve Planning Commission on December 8, 1982. //// //// ll >, !! 9 e 1 2 24th day of November, 1982, and on the 8th day of December, 3 Planning Commission of the City of Carlsbad, California, he the following vote, to wit: 4 PASSED, APPROVED AND ADOPTED at a regular meeting 5 6 7 AYES: Chairman Farrow, Commissioners Marcus, Rc Schlehuber, Jose, Friestedt and Rawlins. NOES: None. ABSENT : None. 8 I/ ABSTAIN : None. 9 10 11 12 ATTEST: ni pk+L&a[LL.Lj7+f 4 / VERNON J. 'FARROW, $3., Ct \ > "' CARLSBAD PLANNING CObdiIS2 2' 13 14 l5 i! 16 17 18 19 i 2o I 21 22 23 24 25 26 27 28 PC RES0 NO. 2050 .2 0 ,, 1 2 3 4 5 6 7 8 9 10 15. 9 $m "J8 E< oi GLU5 CmZE -7 zg<+ LL . ,52 gLgc< :zcz .E N 0 z> >o ill u g 0 fA :,+- cc i" -I 44 .,. d 12 13 14 I 5 16 37 k u 1.8 19 20 2 1- 22 23 24 25 26 27 28 I I 1 It I! 'I 11 // ij Ii I I/ I I ORDINANCE NO. zd3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF c CALIFORNIA AMENDING TITLE 21, CHAPTEXS 21.04 AND THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SE 21.04.357 AND 21.42.010(10) TO DEFINE AND REGULAT CONSTRUCTION OF TIME-SHARE PROJECTS. The City Council of the City of Carlsbad, Califor ordain as follows: Section 1: That Title 21 of the Carlsbad Hunicip be amended by the addition of Section 21,04.357 to read as follows: 21.04.357 Time-share Project: "Time-share Projec a project in which a purchaser receives a right in perpetu life, or for a term of years to the recurrent exclusive us occupancy of a lot, parcel, unit or segment of real proper annually or on some other periodic basis, for a period of has been, or will be, allotted from the use or occupancy p onto which the project has been divided. Section 2: That Title 21 of the Carlsbad Mtrnicip be amended by the addition of Section 21.42.010(10) to rea follows: (10) V-R, R-P, R-3, RD-M and H-T zones only: (A) Time-share projects as defined by Secti 21.04.357 of this code and subject to t following regulations: (i) A Conditional Use Permit shall be €or all time-share projects. All shall be subject to the developmen standards and design criteria of C 21.45 of this code, except that: I. The City Council may reduce th required resident parking down parking space per unit. 11. The City Council may waive the area requirements of Section 21.45.090( 1). Any reduction i parking or storage requirement be supported by a finding that reduction is necessary for the development of the project and adversely affect the neighborh //// I .. .. ,I 0 c; m L9 2 20 5 9 o> j, ul QO?Z z ELL: I?: % 34 &$gs $$:$ 52 VI >u . " '., 2zzg rnTj J wu >t- LC 04 J 1- c> . , ., 1 2 3 4 5 6 7 8 9 'LO 11 12 13 i X* I 15 16 18 li I/ 20 I l7 1 I 19 11 21 j 22 I 1 23 I 25 24 I I 26 2'1 28 1 0 (ii) (iii) (iv) (VI (vi) a If a time-share project is propc with reduced standards, the appl shall provide a conversion plan how the project can be altered t it into conformance with the development standards and desigr criteria of the Planned Developr! Ordinance. A conversion plan SP approved as and be made a part c permit for the project. All proposals €or time-share prc shall be accompanied by a detail description of the methods propc be employed to guarantee the fut adequacy, stability and continuj satisfactory level of management maintenance A management and maintenance plan shall be appro1 and made a part of the permit fc project. All units in a time-share projec be time-share units except a per on site management residence unj be permitted. The maximum tine increment for recurrent exclusil of occupancy of a tirie-share uni shall be four months. A note indicating this requirement shal placed on the final map €or the In addition to the four mandatol findings required for the issuar conditional use permit, under Sc 21.42.020, the City Council sha! that the time-share project is 1 in reasonable proximity to an e: resort or public recreational a? therefore, can financially and geographically function as a su( time-share project and that the will not be disruptive to existj future uses in the surrounding neighborhood. Time-share projects may be alloF the P-C zone if specified in the Plan for the area in which they located and the land use design; for the Master Plan area in whic proposed time-share project will located is similar to the R-P, I RD-M or R-T zones. 2. .. 0 4 z., -I:: j, Lud z>zg 2.2.- ?G2< L * d c> ZZSd k-> c:aNs go v) >: 2 >-o .u: N 56 m 00'2 0 c:Q " !- c: ., I 2 3t *I 5! 6, 10 Di 7 8 i 1'3, 12 I I I 33 jl l4I =5 I I 16 j l7 i I %e I! 21 I 23 '1 l9 i i xo :I 22 I I 24 25 26 27 I 28 I e (vii) All of the provisions of this se shall apply to the conversion of existing structure to a time-sha project. (viii) All time-share projects shall be processed in accordance with thi section except that subsequent t Planning Commission review, the shall be set for public hearing the City Council. The City Coun approve, conditionally approve o the project. The decision of th Council is final. (ix) A subdivision map filed in accor with Title 20 of this code shall accompany any application for a time-share project, Section 3: The City Council hereby declares that would have passed this ordinance phrase by phrase, sentenc sentence, paragraph by paragraph and section by section, a hereby declare that the provisions of this ordinance are severable and, if for any reason any sentence, paragraph, section of this ordinance shall be held invalid, such deci shall not affect the validity of the remaining parts of th ordinance. , ... EFFECTIVE DATE: This ordinance shall be effectiT thirty days after its adoption, and the City Clerk shall c to the adoption of this ordinance and cause it to be publj least once in the Carlsbad Journal within fifteen days aft adoption. //// //// //// I/// //// 3. .. . .. . . . , . . . . .. , . . .- , . . . .. , . .. .. -. . ll 4, ' : -4 0 0 a 2 3 4 5 6 7 Sj 9 2.0 INTRODUCED AND FIRST READ at a regular meeting of Carlsbad City Council held on the day of 1982, and thereafter PASSED AND ADOPTED at a regular meeting of said Ci Council held on the day of , 1982, bq following vote, to wit: AYES : NOES: I ABSENT : 3.3- jl i !=I LD Yg e2 % dLL ys i2c2L. mzJ2< $hi "I C) dg L u. ' -J" IUL~Q: 0 a a LO Cn "I- 1 :+ (r Q.c: c: c <.I I.3, 1 l3 j 3.4 I Is;) 16 17 I 18 i 1 I l9 '1 i 20 ./ 21 I MARY €3. CASLER, Mayor ATT.E ST : ALETEA I,. RAUTENKRANZ, City Clerk ( SEAL j . ., . ,... - 22 :I 23 1 24 I1 ;; 1 27 28 1 I1 ,- I i .4 ..