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Home My WebLink About1994-06-28; City Council; 12757; Time Share ProjectsCl-” OF CARLSBAD - AGEN’-l BILL AB#= T’TLE: ADOPTION OF ORDINANCE NO. NS-284 - MTG. 6/28/94 TIME SHARE PROJECTS - ZCA 93-7 DEPT. CLK DEPT. HD. w CITY ATTY - CITY MGR- RECOMMENDED ACTION: Adopt Ordinance No. NS-284, amending Title 21 of the Carlsbad Municipal Code to define commercial living unit, and to conditionally allow time share projects in specific commercial (C-T and C-2) zones in the City of Carlsbad. ITEM FXPLANATION Ordinance No. NS-284 was introduced and first read at the regular City Council meeting of June 21, 1994. The second reading allows Council to adopt the ordinance which would then become effective in thirty days. The City Clerk will have the ordinance published within fifteen days, if adopted. FISCAL IMPACT See Agenda Bill No. 12,743 on file with the City Clerk. 1. Ordinance No. NS-284. c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - Exhibit 1 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. WHEREAS, the City Council adopted by resolution a city-wide facilities and mprovements plan to implement the City’s general plan by securing provision of facilities. lnd improvements, and to ensure that development does not occur unless facilities and mprovements are available; and WHEREAS, that city-wide facilities and improvements plan, dated September 16, 1986, states that hotels, motels, time-shares, and board and cares are not o be considered as units for the purpose of dwelling unit calculations; and WHEREAS, the City Council has conditioned time-share projects to convert o hotel use if unsuccessfully marketed as a time-share and/or limited sales to time ncrements not to exceed one month; and WHEREAS, the North Beach Planningniaffic study dated April, 1987 states hat in appearance and function time-share projects operate like a hotel; The City Council of the City of Carlsbad, California does ordain as follows: SEaION I: That Title 21, Chapter 21.04 of the Carlsbad Municipal Code s amended by the addition of Section 21.04.093 to read as follows: 21.04.093 Commercial Living Unit. “Commercial Living Unit” means a unit that may be within but is not limited o a professional care facility, hotel, motel, time-share, or bed and breakfast that provides he basic amenities for everyday living and may include but is not limited to a sleeping brea, or bedroom(s), closet space, restroom, sitting/entertainment area, and kitchen facilities. Commercial living units are distinguished from dwelling units due to the assistance/services provided in conjunction with the living unit and/or the use of the living 1 unit for temporary lodging.” 2, 3 SECTION II: That Title 21, Chapter 21.04, Section 21.04.115 is amended to include the following: 4 II 21.04.115 Dwellinu. 5 “Dwelling” means a building or portion thereof designed exclusively for 6 residential purposes, including one-family, two-family and multiple dwellings, but does not include commercial living units. 7 SECTION III: That Title 21, Chapter 21.42, Section 21.42.010(10) is 8 amended to read as follows: 9 10 (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 and 11 subject to the following regulations: (i) A conditional use permit shall be required for all time-share 12 projects. All projects in residential zones shall be subject .to the development standards 13 and design criteria of Chapter 21.45 of this code, while all projects in non-residential zones shall be subject to the development and design criteria of the underlying zone, except that: 14 (I) The city council may reduce the required residential parking down to one parking space per unit. 15 (II) The city council may waive the storage area requirements of Section 21.45.090(l). Any reduction in the parking or storage requirements I6 shall be supported by a finding that the reduction is necessary for the development of the 17 project and will not adversely affect the neighborhood. (ii) If a time-share project on a residentially zoned property is 18 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 dtbvelopment 19 standards and design criteria of the planned development ordinance. A conversion shall 2. 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-residential 21 zone it shall be conditioned to be converted to a hotel use if it can not be successfully marketed as a time-share project, and shall be subject to all conditions of Section 22 21.42.010(12)(A)(i) and (ii). (iv) All proposals for time-share projects shall be accompanied 23 by a detailed description of the methods proposed to be employed to guarantee the future 24 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 25 for the project. (v) All units in a time-share project shall be time-share units 26 except a permanent on-site management residence unit may be permitted. The maximum 27 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 28 project. 2 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 (vi) In addition to the four mandatory findings required for the ;suance of a conditional use permit under Section 21.42.020, the city council shall find that le time-share project is located in reasonable proximity to an existing resort or public ecreational area and, therefore, can financially and geographically function as a successful ime-share project and that the project will not be disruptive to existing or future uses in he surrounding neighborhood. (vii) Time-share projects may be allowed in the P-C zone if pecified in the master plan for the area in which they will be located and the land use esignation for the master plan area in which the proposed time-share project will be jcated is similar to the R-P, R-3, RD-M, R-T, C-T, or C-2 zones. (viii) All of the provisions of this section shall apply to the onversion of an existing structure to a time-share project. (ix) All time-share projects shall be processed in accordance rith this section except that subsequent to planning commission review, the matter shall le set for public hearing before the city council. The city council may approve, onditionally approve, or deny the project. The decision of the city council is final. (x) A subdivision map filed in accordance with Title 20 of this ode shall accompany any application for a time-share project. EFFECTIVE DATE: This ordinance shall be effective thirty days after its doption, and the City Clerk shall certify to the adoption of this ordinance and cause it to e published at least once in a newspaper of general circulation within the City within ifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad Zity Council held on the 21 s t day of JUNE -J 1994, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held n 28th day of JUNE , 1994, by the following vote, to wit: AYES: Council Members Stanton, Kulchin, Nygaard, Finni,la NOES: None ABSENT: MARGARE$/STANTON, Mayor Pro Tern u LETHA L RAU’IENKRANZ, City aerk SEAL) J 3