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HomeMy WebLinkAbout1983-01-18; City Council; 9663; CMC 21.04.357/.42.010(10) adds - Time-share projects regs & defined1 2 3 4 5 6 7 8 9 10 11 12 9 19 20 2& 22 23 24 25 26 27 28 ORDINANCE NO. 9663 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21, CHAPTERS 21.04 AND 21.42 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 21.04.357 AND 21.42.010(10) TO DEFINE AND REGULATE THE CONSTRUCTION OF TIME-SHARE PROJECTS. The City Council of the City of Carlsbad, California does ordain as follows: Section 1: That Title 21 of the Carlsbad Municipal code be amended by the addition of Section 21.04.357 to read as follows: 21.04.357 Time-share Project: "Time-share Project" means a project in which a purchaser receives a right in perpetuity for life, or for a term of years to the recurrent exclusive use or occupancy of a lot, parcel, unit or segment of real property annually or on some other periodic basis, for a period of time that has been, or will be, allotted from the use or occupancy periods onto which the project has been divided. Section 2: That Title 21 of the Carlsbad Municipal Code be amended by the addition of Section 21.42.010(10) to read as follows: (10) V-R, R-P, R-3, RD-M and R-T zones only: (A) Time-share projects as defined by Section 21.04.357 of this code and subject to the following regulations : (i) A Conditional Use Permit shall be required for all time-share projects. All projects shall be subject to the development standards and design criteria of Chapter 21.45 of this code, except that: I. The City Council may reduce the required resident parking down to one parking space per unit. I1 . //// The City Council may waive the storage area requirements of Section 21.45.090( 1) . Any reduction in the parking or storage requirements shall be supported by a finding that the reduction is necessary for the development of the project and will no{ adversely affect the neighborhood. a- 26 27 28 If a time-share project is proposed with reduced standards, the applicant shall provide a conversion plan showing how the project can be altered to bring it into conformance with the development standards and design criteria of the Planned Development Ordinance. A conversion plan shall be approved as and be made a part of the permit for the project. All proposals for time-share projects shall be accompanied by a detailed description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance. A management and maintenance plan shall be approved as and made a part of the permit for the project. All units in a time-share project shall be time-share units except a permanent on site management residence unit may be permitted. The maximum time increment for recurrent exclusive use of occupancy of a time-share unit shall be four months. A note indicating this requirement shall be placed on the final map for the project. In addition to the four mandatory findings required for the issuance of a conditional use permit, under Section 21.42.020, the City Council shall find that the time-share project is located in reasonable proximity to an existing resort or public recreational area and, therefore, can financially and geographically function as a successful time-share project and that the project will not be disruptive to existing or future uses in. the surrounding neighborhood. Time-share projects may be allowed in the P-C zone if specified in the Master Plan for the area in which they will be located and the land use designation for the Master Plan area in which the proposed time-share project will be located is similar to the R-P, R-3, RD-M or R-T zones. 2. 1 2 3 4 5 6 7 8 9 10 11 19 20 21 22 23 24 25 26 27 28 (vii) All of the provisions of this section shall apply to the conversion of an - existing structure to a time-share project . (viii) All time-share projects shall be processed in accordance with this section except that subsequent to Planning Commission review, the matter shall be set for public hearing before the City Council. The City Council may approve, conditionally approve or deny the project. The decision of the City Council is final. (ix) A subdivision map filed in accordance with Title 20 of this code shall accompany any application for a time-share project. Section 3: The City Council hereby declares that it would have passed this ordinance phrase by phrase, sentence by sentence, paragraph by paragraph and section by section, and does hereby declare that the provisions of this ordinance are severable and, if for any reason any sentence, paragraph, or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this ordinance . EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adopt ion. ///I //// //// //// //// 3. 1' 21 2 2 2 2 2 2 2 2 INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the day of 1 1983 I and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 18th day of January , 1983, by the following vote, to wit: AYES : Council plhrnbers Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: NOne C/LNy MARY H. FASLER, &5!24.4- Mayor ATTEST : (SEAL) .4