Chapter 9.92 — TIME-SHARE USE OR OCCUPANCY OF LAND

For the purposes of this chapter, a time-share project is one in which time-share rights or entitlements to use or occupy any real property or portion thereof has been divided as defined in Section 3.24.020 of this code, into twelve or more time periods of such rights or entitlements. (Ord. 80 Art. V(S)(1), 1984; Ord. 862 § 2, 2022)

A time-share project shall be permissible only in such zones and at the locations therein where a hotel use would be permitted pursuant to this title, and in accordance with this chapter. No timeshare project shall be allowed in any case wherein condominium by-laws, or covenants, conditions and restrictions expressly prohibit time-share uses. A conditional use permit shall be required in accordance with Chapter 9.92 for any time-share project.

(Ord. 80 Art. V(S)(2), 1984; Ord. 862 § 2, 2022)

An applicant for approval of a proposed time-share project shall submit a completed application on a form as prescribed by the city planner, in addition to any other application information or forms that may be necessary in the particular case.

(Ord. 80 Art. V(S)(3), 1984; Ord. 554 § 1, 2001; Ord. 862 § 2, 2022)

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

(Ord. 80 Art. V(S)(4), 1984; Ord. 862 § 2, 2022)

In addition to other considerations of a conditional use permit for a time-share project, the following shall apply:

• A. In the event an existing condominium project is proposed to be converted to a whole or partial time-share project, a verified description or statement of the number and percentage of the current condominium owners desiring or consenting to the proposed conversion of some or all of the units to a time-share basis shall be submitted. Also in such instance, there shall be submitted, a verified statement of the number and percentage of owners who have received notification, either personally (proof by signature of the recipient or witness) or by receipted certified U.S. Mail, that application to so convert the project would be submitted to the commission.

• B. The commission may approve or deny an application for conditional use permit for a time-share project, in accordance with the general provisions regarding findings and conditions in Chapter 9.92 . No application shall be approved unless, among other considerations, it appears that more than fifty percent of the owners of condominium units (not including those owned by the applicant and/or the developer or any person or entity affiliated therewith) have received notification, either personally or by receipted certified U.S. Mail as referred to in subsection A of this section. The commission may impose such conditions as it determines are necessary to protect the public safety, health, peace and welfare. Each use permit shall be issued with a condition attached that no time-share rights or entitlements shall be sold or offered for sale unless, at such time, there then exists a valid final subdivision public report for the sale of such time-share rights or entitlements, issued by the Department of Real Estate of the State of California. In determining whether, and under what conditions to issue any such conditional use permit, the commission, among other things, may consider:

  1. The impact of the time-sharing project on transient or permanent rental stock;

  2. The impact of time-sharing on present and future city services;

  3. Nonconformity with current zoning regulations and the general plan, and reasonable conditions to eliminate same;

  4. Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate same;

  5. The sign program proposed for the project;

  6. The landscaping proposed for the project;

  7. Traffic circulation and parking;

  8. The applicant's description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the time-share project;

  9. The desirability of requiring an office of the managing agent or agency be located locally or on site, as appropriate;

  10. Any other factors deemed relevant and any other information which the commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application.

• (Ord. 80 Art. V(S)(5), 1984; Ord. 862 § 2, 2022)