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ORD 194ORDINANCE NO. 194 AN ORDINANCE OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.80 AND 9.84, AND ADDING CHAPTER 9.222, TIMESHARE REGULATIONS, TO THE LA QUINTA MUNICIPAL CODE WHEREAS, local governments are authorized to establish and enforce ordinances regulating timeshare uses; WHEREAS, the City of La Quinta finds that the regulation of timeshare will preserve existing residential neighborhoods, minimize the impact on tourism related facilities and promote the health, safety, and welfare of the community. NOW, THEREFORE, the City Council of the City of La Quinta, California does hereby ordain as follows: Section 1. Chapter 9.32, Section 9.32.010 is amended by adding the following: C. The following uses are permitted provided a conditional use permit has been granted pursuant to Chapter 9.172 of this title: 1. Timeshare uses as described in Chapter 9.222 of this Code. Section Z. Chapter 9.42, Section 9.42.030 is amended by adding the following: H. Timeshare uses as described in Chapter 9.222 of this Code. Section I. Chapter 9.44 is amended by adding the following new Section 9.44.025: • 1 • 70FVSKOPPY The following uses are permitted provided a conditional use permit has been granted pursuant to Chapter 9.172 of this title: 1. Timeshare uses as described in Chapter 9.222 of this Code. Section 4. Chapter 9.48 is amended by adding the following new Section 9.48.025: Ordinance No. 194 • .�-_ •-- The following uses are permitted provided a conditional use permit has been granted pursuant to Chapter 9.172 of this title: 1. Timeshare uses as described in Chapter 9.222 of this Code. Section 5. Chapter 9.50, Section 9.50.022 is amended by adding the following to the end of that section: and timeshare uses as described in Chapter 9.222 of this Code. Section 6. Chapter 9.52 is amended by adding the following new Section 9.52.025: 9.52.025 Conditional Uses. The following uses are permitted provided a conditional use permit has been granted pursuant to Chapter 9.172 of this title: 1. Timeshare uses as described in Chapter 9.222 of this Code. Section 7. Chapter 9.60, Section 9.60.020(B) is amended by adding the following: 3. Timeshare uses as described in Chapter 9.222 of this Code. Section 8. Chapter 9.68, Section 9.68.020 is amended by adding the following to the end of that section: uses conditionally permitted in the R-4 zone shall be as follows: A. Timeshare uses as described in Chapter 9.222 of this Code. Section 9. Chapter 9.72, Section 9.72.010(B) is amended by adding the following: 2. Timeshare uses as described in Chapter 9.222 of this code. Section 10. Chapter 9.80, Section 9.80.020(D) is amended by adding the following: 13. Timeshare uses as described in Chapter 9.222 of this Code. 09/25/91 4676u/2588/00 -2- ordinance No. 194 Section 11. Chapter 9.84, Section 9.84.010 is amended by adding the following: B. The following uses are permitted provided a conditional use permit has been granted pursuant to the provisions of Chapter 9.172 of this title: 1. Timeshare uses as described in Chapter 9.222 of this Code. Section 12. Chapter 9.222 is hereby added to read in its entirety as follows: 9.222.010 Purpose. The City Council finds that timeshare facilities constitute a commercial hotel use. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the tourism -related facilities in the City, special development criteria are warranted. Also, this chapter is intended to establish criteria by which timeshare facilities will function as hotels/motels. Any conversion of an existing facility to timeshare use will be required to meet the same standards as new facilities. 9.222.020 Definitions. _ A. "Timeshare facility" shall mean a facility in which a person receives the right in perpetuity, for life or for a specific period of time, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, or portion of real property for a period of time which has been or will be allocated from twelve (12) or more occupancy periods into which the facility has been divided. A timeshare use may be coupled with an estate in the real property, or it may entail a license, contract, membership, or other right of occupancy not coupled with an estate in the real property. B. "Person" shall mean an individual, firm, partnership, joint venture, association, social club, fraternal organization, joint stock company, corporation, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit. 9.222.030 In no instance shall a person occupy one or more timeshare units in a timeshare facility for more than thirty (30) days. Units which do not meet such criteria shall be considered to be residential units and shall be subject to all appropriate zoning restrictions. 09/25/91 4676u/2588/00 -3- ordinance No. 194 Units in a timeshare facility shall not be used as a residence unless: (a) The residential use is allowed by the underlying zone designation; and (b) The residential use was specifically allowed by the conditional use permit or residential planned development permit. 9.222.040 Appropriate zoning. Timeshare facilities and conversions to timeshare use are permitted only in Residential (R-1, SR, R-2, R-2A, R-V, R-3, R-T, R-4 and R-5), General Commercial (C-1 and C-P) and Tourist Commercial (C-T) zones with a conditional use permit, and are expressly prohibited from all other zones. The conversion of timeshare units to residential condominium uses is prohibited unless one hundred percent (100%) of the units in the development are converted simultaneously. Timeshare facilities may include other uses, either as minor ancillary uses to the timeshare facility or independent facilities, so long as the specific use is allowed by the underlying zone designation. Such uses shall meet all City laws and requirements. 9.222.050 Develonm The following shall constitute the minimum development standards for timeshare facilities and the conversion of existing facilities to timeshare use. Additional requirements may be attached to - a conditional use permit or residential planned development permit if found to be necessary to assure that the development meets the intent of this chapter: (a) Setback, height, and lot coverage. The minimum required setbacks and minimum height and lot coverage shall be those as established in the underlying zone designation. Additional setbacks and height and lot coverage restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. (b) Parking. The minimum parking requirements for timeshare facilities shall be those as required by law for hotel/motel uses, plus requirements for ancillary uses (for example, restaurants and shops). Other uses which are included in the facility, but which are not ancillary uses, shall meet all requirements of this Code. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. (c) Signs. The sign requirements shall be those as established by Chapter 9.212 of this Code. 09/25/91 4676u/2588/00 -4- Ordinance No. 194 (d) Management. The management of a timeshare facility shall be in accordance with the requirements established by the California Department of Real Estate for timeshare uses. An on -site manager is required. (e) Required facilities. The provision of facilities, amenities, or design features usually associated with hotels/motels (e.g., lobbies, check -in area, registration desks, service closets, laundry facilities) shall be required to ensure that the timeshare facility will adequately function as a hotel/motel. • 1.1 00_ - •. _ • _��- The following standards shall apply to conversions of existing facilities to timeshare uses: (a) The conversiion of any type of existing unit or facility to timeshare use shall be subject to the approval of a conditional use permit. Conversions shall be evaluated in terms of the physical suitability of the units or facilities for timeshare use. Items to be considered shall include, without limitation, the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; availability of kitchen facilities; the age, condition, and general repair_of any recreational facility; the potential impact on non -converting units within the facility; and conformance with appropriate building, safety, or fire standards. The upgrading of the facility may be required to mitigate any identified deficiencies. (b) All -facilities converted to timeshare use shall meet all applicable City requirements, including building, safety, and fire standards. (c) The conversion of apartments to timeshare use shall be subject to the same relocation benefits as are or may be established for the conversion of apartments to condominiums. (d) Conversion to timeshare use must be explicitly permitted by any covenants, conditions and restrictions which are recorded against the property proposed to be converted. 9.222.070 Information required for applications. In addition to any information requirements established by Chapter 9.172 and any other applicable conditions of this Code, the following information shall also be submitted as part of any application to develop or institute a timeshare facility: (a) Typical floor plans for each timeshare unit; 09/25/91 4676u/2588/00 -5- ordinance No. 194 (b) The phasing of the construction of the timeshare use; (c) The type of timeshare method to be used (e.g., fee simple, leasehold, tenancy -in -common, license, membership) and how such use may be created; (d) The identification of timeshare intervals and the number of intervals per unit; (e) Identification of which units are in the timeshare program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted; (f) A description of any ancillary uses which are proposed in conjunction with the timeshare facility; (g) A description of the availability of the timeshare project, including ancillary uses, to the general public; (h) A description of the method of management of the project and indication of a contact person or party responsible for the day-to-day operation of the project; (i) A description of the type and operation of any other uses (residential, commercial, or recreational) which are included in the facility; (j) The formula, fraction or percentage, of the common expenses and any voting rights assigned to each timeshare unit and, where applicable, to each unit within the project which unit is not subject to the timeshare program; (k) A description of the methods to be used to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance; (1) Any restrictions on the use, occupancy, alteration, or alienation of timeshare units; (m) Copies of all enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements; (n) Copies of all California Department of Real Estate applications and permits, including any public report issued; (o) A description of the method to be used in collecting and transmitting the transient occupancy tax to the City; 09/25/91 4676u/2588/00 -6- T.- Ordinance No. 194 (p) Any other information or documentation the applicant, the planning director, or the Planning Commission deems reasonably necessary to the consideration of the project, including any required environmental documents; and (q) Applications for the conversion of any portion of an existing facility to a timeshare facility shall include the following information, as well as the other information required by this section: (1) A property report describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing, and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer, a licensed architect, or licensed general engineering contractor; (2) A descriptive report containing acoustical test data which indicate the noise attenuation characteristics of the existing party walls and ceilings. The data for such report shall include a sampling of at least ten (10%) percent of the dwelling units involved, but in no case fewer than two (2) dwelling units involved, but in no case fewer than two (2) dwelling units, and shall be compiled by a person experienced in the field of acoustical testing and engineering; (3) If the conversion is of an apartment or condominium facility or any portion thereof, a certified list of the names and addresses of all tenants residing in the project proposed to be converted at the time the application is filed, whether or not the unit in which the tenant resides will be converted; (4) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and (5) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other uniform building related Codes as modified and adopted by the City. The information required by this section shall be reviewed by the Planning Director, who will require its revision and resubmittal if found to be inadequate or incomplete. Any information or documentation not available at the time an application for timeshare facilities is first submitted, by agreement between the applicant and the City, may be submitted at a later date. Approval shall be subject to the required documentation being received, and the failure of an applicant to submit such documentation shall be grounds for disapproval. 09/25/91 4676u/2588/00 -7- Ordinance No. 194 Public notice shall be given for all conditional use permits associated with timeshare facilities as required by this Code. In addition, in the event an apartment or condominium facility, or any portion thereof, is proposed to be converted to a timeshare facility, written notice shall be mailed to all persons residing in the facility, whether or not the unit in which the person resides will be converted, not less than ten (10) days prior to the Planning Commission hearing. Such notice shall be mailed by the Planning Department at the expense of the applicant, and shall state the following: (a) The date, time, place, and purpose of the hearing; (b) That, should the permit be approved, tenants may be required to vacate the premises; (c) That, should the permit be approved, the property owner will be required to give all tenants a minimum of 120 days' notice to vacate; however, such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenants' defaults in the payment of rent or defacing or destruction of all or a part of the rented premises; and (d) A description of any_ available relocation benefits to be provided by the project applicant. 9.222.090 Findings of fact necessary for approval. In addition to the requirements for findings of fact as established by California law or other provisions of this Code, the approval of a conditional use permit for a timeshare facility shall require the following additional findings: (a) the proposal is in conformance with the City's general plan, zoning requirements, and this Chapter 9.222; (b) the property is physically suitable for use as a timeshare facility; and (c) the use of the property as a timeshare facility will not cause an undue burden on adjacent and nearby property owners. 9.222.100 Transient occupancy tax. Timeshare facilities shall be subject to all applicable provisions of Section 3.24 of this Code. Section 13. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause it to be posted or published in the manner required by law. 09/25/91 4676u/2588/00 -8- Ordinance No. 194 PASSED, APPROVED, and ADOPTED by the City Council of the City of La Quinta, California, on this 1st day of October , 1991, by the following vote: AYES: Council Members Bohnenberger, Franklin, Sniff & Mayor Pro Tem Rushworth NOES: None ABSENT: Mayor Pena ABSTAIN: None JOHN-JUPENAV Aayor City of La Quinta, California AT T: SAUNDRA JUHOLA City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN HONEYWELL, City Attorney City of La Quinta; California 09/25/91 4676u/2588/00 -9- STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true and correct copy of Ordinance No. 194 which was introduced on the 17th day of September, 1991 and was adopted at a regular meeting held on the 1st day of October, 1991 not being less than 5 days after date of introduction thereof. I further certify that the foregoing ordinance was posted in three (3) places within the City of La Quinta as specified in a re lution of the City Council. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, SAUNDRA L. JUHOLA, City Clerk California, do hereby certify that p ed on October 14, 1991 pursuant SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California of the City of La Quinta, the foregoing ordinance was to City Council Resolution.