HomeMy WebLinkAbout1983-01-18; City Council; 9663; CMC 21.04.357/.42.010(10) adds - Time-share projects regs & defined1
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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.
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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.
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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.
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(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.
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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)
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