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Home My WebLink About1427 - RECOMMEND APPROVAL OF CA_CHAP 20.76_TIME-SHARE PROJECTRESOLUTION NO. 96- 1427 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF AMENDMENT NO. 842 OF TITLE 20 OF THE MUNICIPAL CODE SO AS TO ALLOW TIME- SHARE PROJECTS IN COMMERCIAL DISTRICTS WHEREAS, Chapter 20.76 of Title 20 of the Newport Beach Municipal Code currently prohibits time -share projects within the City of Newport Beach; and WHEREAS, the current prohibition on time -share projects was adopted in response to concerns over potential negative impacts on traffic circulation, parking and public services; and WHEREAS, further investigation has indicated such impacts would not be significant or can be appropriately mitigated by the provisions of the proposed time -share regulations; and WHEREAS, on February 8, 1996, the Planning Commission of the City of Newport Beach held public hearings regarding Amendment 842; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve Amendment No. 842 to amend Chapter 20.76 of Title 20 of the Newport Beach Municipal Code to read as provided in attached Exhibit "A" BE IT FURTHER RESOLVED, that the Planning Commission finds that the proposed amendment is Categorically Exempt (Class 5) from the provisions of the California Environmental Quality Act. ADOPTED this 8'" day of February, 1996, by the following vote, to wit: ti BY Tod W. Ridgeway, Chairman Michalel C. Kranzley, Secretary F:\ WP51 \PLANNING\PAT- A\REPORTS\AS42RES AYES Thomson. Selich. Ridgeway. Pomeroy Kranzley. Adams NOES ABSENT Gifford Page 204 TIME-SHARE DEVELOPMENTS Chapter 20.76 TIME -SHARE DE-YELQEMENIS CHAPTER 20.76 SECTIONS: 20.76.005 Intent 20.76.005 INTENT. The City Council finds that time-share projects differ in many aspects from other transient visitor facilities in types of construction, forms of ownership, patterns of use and occupancy, and commercial management; and the City Council determines that the unique features of time-share projects can have adverse affeets " on both the areas surrounding such use and the whole of the City. Therefore, this ordinance is adopted to protect the health, safety, peace, and welfare of the public by prehib.li..E' , -I . ..... ...... US6 0 ... ......... time share developments in the City of Newport Beach. 20.76.010 DEFINITIONS. The following terms used herein shall have the meanings indicated: EXHIBIT "A" Page 205 TIME -SHARE DEVELOPMENTS Chapter 20.76 TIME -SHARE PROJECT. The term "time -share project" shall be applied to any development wherein 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, room(s), or segment of real property, annually or on some other seasonal or 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 and shall include, but not be limited to time -share estate, interval ownership, vacation license, vacation lease, club membership, time -share use, hotel /condominium, or uses of a similar nature. TIME -SHARE ESTATE. The term "time -share estate" shall mean a right of occupancy in a time -share project that is coupled with an estate in the real property. TIME -SHARE INTERVAL. The term "time -share interval' shall mean the period or length of time of occupancy in a time -share unit. TIMESHARE UNIT. The term "time -share unit" shall mean each portion of the real property or real property improvement in a project that is divided into time -share intervals. TIME -SHARE USE. The term "time -share use" shall mean a license or contractual or membership right of occupancy in a time -share project that is not coupled with an estate in the real property. 20.76 (dd WHERE p U..Tl f e-shja a projects are. per t lfted o*-in commercial districts, inctuding.the commercial.portions of speac.ptan districts,and.plauned community districts. i1ic Permit R4-qu jWd. Appf&vl of a use permit m. accw datt pc t of Chapter 20 80 is required foi the establishment of time'- share "prop B. In . addition to the 40114 :don Zoolr.80 contained in shift y "¢ Chapter X080, an appl calibn foi.a time share protect : be acoc bY ; the following.documents whtc it hall be subject to,approval of the planning Dit ttit' EXHIBIT "A" Page 206 TIME-SHARE DEVELOPMENTS Chapter 20.76 me Y�.to sc� 1hC tiG1Q-4ilare project. Faetats w'be defined 3ni;e %ode, but not be Suited to 'the location,'Lmgth,e and meal 's that vili be dI IS on -sfioe am O� SttB °� aC ;n esdamte of 'the, potcatial numbers of individuals >autb cVwcd duringvarimn stages of the sales eftt. The plan atsd #hall i meaeures'tl imm be iuwlatneuttif to red tSe traffic Bury pe t hour r 'jeq A Management Plan shall: describe ibb meth;' ' e iliesttt t0 guardetae ttse fitti re adequacy, stabibty, and t�iit ' . py q I F r: 5 4 H .. //' u`dt §�B�C 6ry �a 44 Of q, MWmat and malllY�naTJ ''g�1_ '�i m R tw'tpgt.PlgttL A ContiugerxyPlan add�t`oxts `ii3`be tairen the apphctnt t*' a tune -share -,Project is an eco�x lure or taits:ta sell s percent of the time -share estates or uses within NR90 of receiving a to occupy the-first unit; 20.-M.040 DEVELOI'MEM AGREEMENT. llm City acid the operafdr°of ady tittne -share project shill enur iato a Development Agrxmen� uudar the pro.I9tons of Chapter �.�� of tie {sty of �y'o�s'port Bcaolt lutunmpal Coda, reiati��+ the amount of taz palrabla.t4 tkie qty by any time - share owl the dgb��at'• n! tm►e -Rhare tuui 20um o two i h= ax Develrtnmeot �i C ?liit^� pr*169 shall amV with the prpperty develai ut:regula4trtia for tbo zpaing• district °i► wctt if is lted �ttI om �Fbate 1C111itfabt" pbit�c%' Ybti3t i %i �miier of iinfx6 F G t, Ea e Owl Inin!lllitrd QI OAG Bt121dre(� {IOQ� tllAeiI1AYC u�9. �II11H'i� oonsistiag of lewthan one hundred units. but developod or co*mcdw,w- a resort hotel Complex °of three hundred to EXHIBIT "A" Page 207 TIME-SHARE DEVELOPMENTS Chapter 20.76 ffiRjl#m#@ffijWWcd to be d. 4wfiianoe with this td °��beProvideasa��Re ,per SQsq��tt�f b�nq€��aung ar �nIl �r�s ro SW be p<.... "' with i'ti Arzten %ss rid. P ice. �" staittil nrreat�nalniti�s Sni�ii amenitiES .x►l Ines iit3 dted to• golf oaones, tennis oourm and s �ii1.� %:1 e2: � rr��i •: Iaoas � •s � �. •_i. n».r� r� • �n EXHIBIT "A"