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Home My WebLink About1994-06-28; City Council; NS-284; CMC 21.04/.42 amends - Commercial living units & time-share projects...Exhibit 1 I1 0 1 2 3 4 5 6 7 8 ORDINANCE NO. NS - 2 8 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY AMENDING CHAPTER 21.04 (DEFINITIONS) BY ADDING SUBSECTION 21.04.093 TO DEFINE COMMERCIAL LIVING UNIT, AMENDING SUBSECTION 21.04.115 (DWELLING) TO EXCLUDE COMMERCIAL LIVING UNITS, AND BY AMENDING SECTION 21.42 (CONDITIONAL USES) BY AMENDING SUBSECTION 21.42.010(10) TO CONDITIONALLY ALLOW TIME-SHARE PROJECTS IN C-T AND C-2 ZONES. 9 WHEREAS, the City Council adopted by resolution a city-wide facilities a lo improvements plan to implement the City's general plan by securing provision of facilit 'I. I/and improvements, and to ensure that development does not occur unless facilities a 12 13 improvements are available; and 14 11 WHEREAS, that city-wide facilities and improvements plan, dai 15 to be considered as units for the purpose of dwelling unit calculations; and 16 September 16, 1986, states that hotels, motels, time-shares, and board and cares are 1 17 WHEREAS, the City Council has conditioned time-share projects to conk 18 19 to hotel use if unsuccessfully marketed as a time-share and/or limited sales to ti 'increments not to exceed one month; and 20 I 21 I/ WHEREAS, the North Beach Planninoraffic study dated April, 1987 st; z2 25 SECTION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal C 24 The City Council of the City of Carlsbad, California does ordain as folk 23 that in appearance and function time-share projects operate like a hotel; is amended by the addition of Section 21.04.093 to read as follows: 26 21.04.093 Commercial Living Unit. 27 "Commercial Living Unit" means a unit that may be within but is not lia to a professional care facility, hotel, motel, time-share, or bed and breakfast that prov 28 the basic amenities for everyday living and may include but is not limited to a slee area, or bedroom(s), closet space, restroom, sittingentertainment area, and kit( ll il e e facilities. Commercial living units are distinguished from dwelling units due to assistance/services provided in conjunction with the living unit and/or the use of the lh 1 unit for temporary lodging." 2 SECTION 11: That Title 21, Chapter 21.04, Section 21.04.115 is amen( 3 ilto include the following: I 4 21.04.115 Dwellinp. 5 "Dwelling" means a building or portion thereof designed exclusively residential purposes, including one-family, two-family and multiple dwellings, but does 6 include commercial living units. 7 11 SECTION 111: That Title 21, Chapter 21.42, Section 21.42.010(10 8 9 LO (10) V-R, R-P, R-3, RD-M, R-T, C-T, and C-2 zones only: (A) Time-share projects as defined by Section 21.04.357 of this code 11 subject to the following regulations: (i) A conditional use permit shall be required for all time-SI 12 projects. All projects in residential zones shall be subject to the development stand; and design criteria of Chapter 21.45 of this code, while all projects in non-residential z( l3 shall be subject to the development and design criteria of the underlying zone, except t 14 (I) The city council may reduce the required reside] parking down to one parking space per unit. 15 (11) The city council may waive the storage : requirements of Section 21.45.090(1). Any reduction in the parking or storage requirem l6 shall be supported by a finding that the reduction is necessary for the development of 17 project and will not adversely affect the neighborhood. (ii) If a time-share project on a residentially zoned proper 18 proposed with reduced standards, the applicant shall provide a conversion plan shol how the. project can be altered to bring it into conformance with the dwelopn 19 standards and design criteria of the planned development ordinance. A conversion I 20 be approved as and be made a part of the permit for the project. (iii) If a time-share project is proposed in a non-reside 21 zone it shall be conditioned to be converted to a hotel use if it can not be success marketed as a time-share project, and shall be subject to all conditions of Sec 22 21.42.010( 12)(A)(i) and (ii). (iv) All proposals for time-share projects shall be accompa 23 by a detailed description of the methods proposed to be employed to guarantee the ft 24 adequacy, stability and continuity of a satisfactory level of management and maintenz A management and maintenance plan shall be approved as and made a part of the pe 25 for the project. (v) All units in a time-share project shall be time-share . 26 except a permanent on-site management residence unit may be permitted. The maxi] time increment for recurrent exclusive use of occupancy of a time-share unit shall be 27 months. A note indicating this requirement shall be placed on the final map for 28 project. amended to read as follows: 2 0 e . (vi) In addition to the four mandatory findings required for 1 the time-share project is located in reasonable proximity to an existing resort or pul issuance of a conditional use permit under Section 21.42.020, the city council shall find t time-share project and that the project will not be disruptive to existing or future use: recreational area and, therefore, can financially and geographically function as a succes! 2 3 the surrounding neighborhood. 4 (vii) Time-share projects may be allowed in the P-C zonl specified in the master plan for the area in which they will be located and the land 5 designation for the master plan area in which the proposed time-share project will located is similar to the R-P, R-3, RD-M, R-T, C-T, or C-2 zones. 6 (viii) All of the provisions of this section shall apply to 7 conversion of an existing structure to a time-share project. (ix) All time-share projects shall be processed in accorda 8 with this section except that subsequent to planning commission review, the matter SI be set for public hearing before the city council. The city council may apprc 9 conditionally approve, or deny the project. The decision of the city council is final. (x) A subdivision map filed in accordance with Title 20 of lo 11 code shall accompany any application for a time-share project. 12 13 15 14 fifteen days after its adoption. 16 INTRODUCED AND FIRST READ at a regular meeting of the Carlsl 17 City Council held on the 2 1 st day of JUNE , 1994, and thereafter 18 19 20 21 22 EFFECTIVE DATE: This ordinance shall be effective thirty days aftel adoption, and the City Clerk shall certify to the adoption of this ordinance and cause i be published at least once in a newspaper of general circulation within the City wit PASSED AND ADOPTED at a regular meeting of said City Council f on 28th day of JUNE , 1994, by the following vote, to wit: AYES: Council Members Stanton, Kulchin, Nygaard, Finnila NOES: None ABSENT: Council Me= Lewis d /,AQ i 23 24 " 4 'a /ATTEST: MARGAREf ISTANTON , Mayo; Pro Tem 26 6lXQxLL 2. L u 27 ALETHA L. RAUTENKRANZ, City - (SEAL) 28 ll 3