HomeMy WebLinkAbout1983-01-04; City Council; 7256; Zone Code Amendment-Time share condominiums- - CIT’ )F CARLSBAD - AGEND, 31LL <
RB# 72 54 T1TLE. ZONE CODE AMENDMENT TO PROVIDE FOR TIME SHARE CONDOMINIUMS; CITY OF CARLSBAD - ZCA-152 MTG. 1/4/83
DEPT. PLN
DEPTAD.
CITY MGR.~+
V- RECOMMENDED ACTION:
Both the planning staff and Planning Commission recommend that
this application be APPROVED and that the City Council introduce Ordinance No. .q(&3 .
ITEM EXPLANATION
This item is a zone code amendment to provide for time share
condominiums upon the approval of a conditional use permit,. The major features of this amendment are that it:
1) Establishes a definition of time share
2) Requires approval of a conditional use permit;
3) Restricts the location of a time share project to
condominiums;
. residential zones and the redevelopment area if it is located near an existing resort or major recreation area;
4) Allows the reduction of storage and parking requirements if a conversion plan is submitted showing how the project could meet condominium standards if the time share was converted back to a regular condominium;
5) Requires a detailed management and maintenance plan.
Staff believes this zone code amendment will adequately define and regulate time share condominium projects.
Through staff review and Planning Commission hearing, all issues on this matter have been satisfactorily resolved.
ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not cause any significant environmental impacts and, therefore, has issued a Negative Declaration, dated November 12, 1982, which was approved by the Planning Commission on December 8, 1982. A copy of the environmental documents is on file in the
Land Use Planning Office.
FISCAL IMPACTS
No direct fiscal impacts would be created by the approval of this zone code amendment.
EXH I BITS
1. Ordinance No. a3 2. Planning Commission Resolution No. 2050
3. Staff Report, dated December 8, 1982
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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 foliows:
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 thal
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:
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I, The City Council may reduce the required resident parking down to one
parking space per unit.
11. 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 no1
adversely affect the neighborhood.
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(ii) 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.
(iii) 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.
(iv) 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.
(vi
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 fun'ction 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 .
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.
(viii) All time-share projects shall be
(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 JanuarY I
1982, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the 18th day of January , 1983 I by the
following vote, to wit:
AYES: Council Members Casler, ws, Kulchin, Chick and Prescott
NOES: None
ABSENT: None d
MARY H. &ASLER, Mayor
ATTEST :
(SEAL)
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PLANNING COMMISSION RESOLUTION NO. 2050
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
CARLSBAD, CALIFORNIA, RECOMMENDING APPROVAL OF' A ZONE
CODE AMENDMENT, AMENDING TITLE 21 OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF SECTIONS 21-04.357 AND
21.42,010(10) TO DEFINE AND REGULATE THE DEVELOPMENT
OF TIME-SHARE PROJECTS.
APPLICANT: CITY OF CARLSBAD
CASE NO.: ZCA-152
WHEREAS, the Planning Commission did, on the 24th day of
lovember, 1982, and on the 8th day of December, 1982, hold a duly
loticed public hearing a prescribed by law to consider said request;
ind
WHEREAS, at said public hearing, upon hearing and
Ionsidering all testimony and arguments, if any, of all persons
lesiring to be heard, said Commission considered all factors
*elating to the Zone Code Amendment.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
:ommission as follows:
L) That the above recitations are true and correct,
I) That based on the evidence presented at the public hearing,
the Commission recommends APPROVAL of ZCA-152 according to
Exhibit "A" dated November 9, 1982, attached hereto and made a
part hereof, based on the following findings:
'indinas:
) That the proposed amendment adequately defines time-share pro j ec t s .
!) The proposed amendment will adequately control the location of a time-share project so that it has a reasonable chance of financial success and will not adversely impact adjacent developments.
I) The project will not cause any significant environmental impacts and a Negative Declaration has been issued by the Land
Use Planning Manager on November 12, 1982 and approved by the Planning Commission on December 8, 1982.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Flanning Commission of the City of Carlsbad, California, held on thc
24th day of November, 1982, and on the 8th day of December, 1982, bj
the following vote, to wit:
AYES: Chairman Farrow, Commissioners Marcus, Rombotis,
NOES : None.
Schlehuber, Jose, Friestedt and Rawlins.
ABSENT: None.
ABSTAIN: None.
VERNON J. FARROW, JR., Chairman
CARLSBAD PLANNING COMMISSION
hTTEST :
LAND USE PLANNING MANAGER
PC RES0 NO. 2050 .2
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STAFF REPORT
DATE : December 8, 1982
TO : Planning Commission
FROM : Land Use Planning Office
SUBJECT: ZCA-152 - CITY OF CARLSBAD - An amendment to provide for time-share condominium proj.ects by the requirement of a Conditional Use Permit.
I. RECOMMENDATION
It is recommended tha the Planning Commission APPROVE THE
Negative Declaration issued by the Land Use Planning Manager and
ADOPT Resolution No. 2050 recommending APPROVAL of ZCA-152 to
the City Council based on the findings contained therein.
11. PROJECT DESCRIPTION AND BACKGROUND
This item was continued from the Planning Commission meeting of November 24, 1982 so that staff could consider an addition to the ordinance establishing a maximum time increment that a unit within a time-share project could be sold. Staff feels that
this is important to ensure that any project developed with the
reduced parking and storage requirements permitted by the time-
share ordinance be occupied on a periodic basis only.
Staff's recommending that the maximum time period for the sale
of a time-share unit should be four months. Staff feels that the four month maximum time increment is appropriate because a precedent has been set by the Condo 5 time-share project in La
Costa. This project had a condition of approval limiting the
maximum time increment to four months. This period was intended to coincide with the Del Mar racing season. The appropriate
wording has'been added to the proposed t'ime-share ordinance to establish the four months maximum time increment.
The attached Staff Report of November 24, 1982 discusses the
other important aspects of the proposed time-share ordinance.
Staff feels the proposed zone code amendment adequately defines
and regulates time-share projects and, therefore, recommends approval of ZCA-152.
ATTACHMENTS
1) Staff Report dated November 24, 1982
2) Planning Commission Resolution No. 2OSO 3) Exhibit "A" dated November 9, 1982
4) Environmental Documents
11/30/82
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STAFF REPORT
DATE : November 24, 1982
TO: P1 anning Commission
FROM : Land Use Planning Office
SUBJECT: ZCA-152 - CITY OF CARLSBAD - An amendment to the Zoning
Ordinance to provide for time-share condominium projects
by the requirement of a Conditional Use Permit.
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I. PROJECT DESCRIPTION AND DISCUSSION
The first part of this amendment adds the definition of "time-
share projects" to the Zoning Ordinance to read as follows:
"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.
This definition has successfully been used by other citie's in
the State of California and. staff believes that it adequately defines time-share projects.
The second part of this amendment provides for approval of time- share projects by Conditional Use Permit. The zones in which they can be located would be the VR (Village Redevelopment),
RD-M, R-P, R-3, R-T and, under certain circumstances, the P-C
zone. All reqairernents of the Planned Development Ordinance must be met, however, this ordinance would allow for the reduction in the amount of required parking and storage area at the descretion of the Planning Commission or City Council. If a reduction is granted, this ordinance requires that a conversion plan be
submitted showing how the project can be altered to bring it in to conformance with the storage and parking standards of the
Planned Development Ordinance.
A detailed management and maintenance plan would also be required for all time-share projects. This requirement would ensure the management and maintenance of facilities which cater to large numbers of people that only use the units for short time periods. In addition to the four mandatory findings
required for the issuance of a conditional use permit, a fifth finding would have to be made that ensures that the time-share
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project is located in reasonable proximity to an existing
resort,will have a reasonable chance of financial success and
will not adversely impact adjacent developments.
Staff feels the proposed zone code amendment adequately defines
and regulates time-share projects and, therefore, recommends approval of ZCA-152.
11. ENVIRONMENTAL REVIEW
The Land Use Planning Manager has determined that this project will not have a significant effect on the environment and, therefore, has issued a Negative D.eclaration on November 12,
1982.
111. RECOMMENDATION
It is recommended that the Planning Commission -- APPROVE the Negative Declaration issued by the Land Use Planning Manager and
ADOPT Resolution No. 2050 recommending APPROVAL of ZCA-152 to
the City Council based on the findings contained therein.
ATTTACKMENTS
1. PC Resolution No. 2050 2. Exhibit "A" dated November 9, 1982
3. Environmental Documents
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DEVELOPMENTAL SEHVl CES
CI Assistant City Manager
(714) 430-5596
('-
1200 ELM AVENUE
CARLSUAD, CALIFORNIA 92008
U Englneering Department
(714) 438-5541
U Housing & Redovplopment Department 3096 tiardirig 3:.
(714) 438-561 1
PUBLIC KoTIa OF PREPAEiriTION Jd Pinnnlng Departmsnt
(714) 433-5591
- The Iard Use Planning Office of the City of Carlsbad intends to
prepare a I!Jqa.tive Declaration for the following project:
Project Ikscription: Amenknt to the zoning ordinance defining ti&-
share projects an3 requiring that they obtain a conditional use
,pennit.
FToject aMress/Lmation: City of Carlsbad.
Anticipated s ipif icmk impacts : None .. . ..... ...-. . . .. .. . -.. - ..
\?e need to kmurr your ideas abut the effect this projc& might have
02 the environment and your suggestions for ways the project ccxlld k
revis&. to rduze or a17oid any significant environmental damage.
Yo8= ideas will help us decide what issues to analyze in the environ-
mental rwie~1 of this project.
~ . Yoa- ccrmnt-s on ths cnvirormental hpct of the! propsed project may
bs suhLictc4 in writhg to the Land Use Planning Office, 1230 Ehn
Aven~e, CarLshd, CA 92008, no later than Novmber 15, 1982.
.
CASE NO: ZCA-152
5/81
DEVELOPMENTAL
SERVICES '
0 Asststan1 Cl1y Managor (714) 430-5596
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1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008
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Bulldlnp Department (714) 438-5525
0 Englncerlna Dcpartment
D Houslng & Redevelopment Department
(714) 438 5541
3096 Harding St.
(714) 130 5611
Plannlng Department (714) 430-5591
NZIX;P,TIVE DECLAEiRTION
PRWECT ADDRESS/LEKl?ION: City of Carlsbad.
PROJECT DESCXFTIOX:
share projects and requiriI?g that they obtain a conditional use
pc3mi.t.
The City of Carlsbad has conducted an environmmtal review of the
abve described project pursuant to the Guidelines for Implementation of the California Environnentai Quality Act and the Environmental
Protection Ordinance of the City of Carlsbad.
reviei~, a Negative Declaration (declamtion that the project will not have a significant impact on the environment) is krebjj issued. for the subject poject.
Land Use Planning Office.
Ah,endrrtmt to the zoning ordinance definii-g tine-
As a result of said
Justification for this action is on file in the
A copy of the Negative Dzclaration with supprtive docwnts is on
file in the Land Use Planning Office, City Hall, 1200 Elm Avenue,
Carlsbad, CA. 92008. Conxonts fron the public are invited. Please submit mmwnts in writing to the Land Use Planning Office within ten (10) days of dzte of issuance. .
CASE NO: ZCA-152
A??PI,ICANT: City of Carlsbad
PUI3LISI'I DATE: Nwmbcr' 17 1982
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Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Sun Diego County
31 38 ROOSEVELT ST. 0 P.O. BOX 248 0 CARLSBAD, CA 92008 0 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and published at regular intervals in the said
City of Carlsbad, County of Sun Diego, State of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
NOTICE OF PUBLIC HEARING ZCA-1% 1
NOTICE IS HEREBY G&hat the City Council olthe Ci bad will hold a pubtie p- at
log), to consider mn npplicr)ion for approval 'of a zone code amend- ment to define and regulate time- share projects on propertygeneral- ly located in the City of Carlsbrd. Applicant City of Carlsbad CARLPBAD CITY COUNCIL CJ W344 December 12.1982
2M-4182
.............. 3ec~mber. 22.. ... 19. .85
................................. 19 ....
............................. 19 ....
................................. 19 ....
................................ 19 ....
I certify under penalty of perjury that the foregoing is true
and correct. Executed at Carlsbad, County of San Diego,
State of California on tkl-E 7?nd
VI I day of a~. I- bpr
-. Clerk of he Printer
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NOTICE OF PUBLIC HEARING
ZCA-152
NOTICE IS HEWBY GIVEN that the City Council of the City of Carlsbad will hold a public hearing at the City Council Chambers, 1200 Elm
Avenue, Carlsbad, California, at 6:OO P.M., on Tuesday, January 4, 1983, to consider an application for approval of a zone code amendment to define and regulate time-share projects on property generally located in the City of Carlsbad.
APPLICANT: City of Carlsbad
PUBLISH: Decerrrber 22, 1982 CARLSBAD CITY COUNCIL
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- I ICE OF PUBLIC KEARIEjG
NOTICE IS HEmBY GrVEN that the Planning Cdssion of the City of Carlsbad will hold a public hearing at the City Council Chmnbers, 1200 Elm Avenue,
Carlsbad, Cal-ifornia, at 7:OO p.m. on Wednesday, Novehr 24, 1982, to
consider approval of a zone code amendment to define and regulate time-
share prcljects on property generally located in the City of Carlsbad.
Those persons wishing to speak on this props& are cordially invited to attend thft public hearing.
Use Planning Office at 438-5591.
If you have any questions please call the Land
CASE FILE: ZCA-152
APPLICANT: CITY OF cxFus€3AD
PUBLISH: Novehr 13, 1982
CITY OF c4RLsBAD PLANNING c01mss1oN