Chapter 17.56

USE OR OCCUPANCY OF LAND ON A TIME-SHARE BASIS

Sections:

17.56.020 Zones permitting time-share projects.

17.56.030 Zones prohibiting time-share projects.

17.56.040 Application for time-share projects.

17.56.050 Approval of time-share projects.

17.56.060 Transient occupancy tax applicable.

For the purposes of this chapter, a time-share project is one in which a purchaser receives the 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 into which the project has been divided. (Ord. 356 §1(A), 1997)

Except as otherwise provided herein, time-share projects shall be permissible in the C-PD and PS-PD zones, except that no project shall be permitted on any lot contiguous to a major thoroughfare as indicated in the city’s general plan. Time-share projects are permissible in the foregoing zones only to the extent that hotel use is permissible therein. (Ord. 356 §1(B), 1997)

Time-share projects are prohibited in all other zones. (Ord. 356 §1(C), 1997)

Timeshare projects will be permitted in zones where such projects are permissible only upon the filing and approval of a completed site plan application. Such application shall be on a form prescribed by the planning department, which shall be in form and content reasonably necessary to convey pertinent information about the applicable time-share project. (Ord. 356 §1(D), 1997)

No timeshare project shall be approved by the city council or their designated representative unless the following findings can be made:

• A. That the project is compatible with adjacent land uses and is adequately buffered by space and/or landscaping from any less intense use;

• B. That the development plan is consistent with all goals and policies of the general plan;

C. That adequate (as per the city engineer and fire chief or as per the city council) access for high density dwelling is available or attainable through the conditions of the department;

D. That all structures, existing or proposed, meet established minimum standards;

E. That the project will not have a significant adverse impact on the health, safety and welfare of the general public. (Ord. 356 §1(E), 1997)

A. All time-share projects shall be subject to the provisions of the city’s transient occupancy tax ordinance.

B. For the purposes of this chapter, the rent deemed payable on account of time-share occupancy shall be the rental value of the unit or room(s) which accommodated such occupancy, which rental value shall be computed by determining the pro rata share of the total purchase price of the time-share right or entitlement (whether or not involving an estate or any ownership in real property) which share is allocable to the period of transient occupancy currently involved, and adding thereto the total applicable operating costs including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) charged by the operator as attributable to the time-share occupancy of the transient by whatever name such fees, assessments, charges or expenses may be denominated, whether occupying fee, management fee or like name or otherwise. In making the computation referred to above of the pro rata share of the total purchase price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term, such pro ration shall be made upon an assumed term of thirty years. (Ord. 356 §3, 1997)

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