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HomeMy WebLinkAbout3.0_Fractional Ownership Code and LCP Amendments_Staff Presentation_PA2022-0202Fractional Homeownership Code and LCP Amendments Related to Time Shares(2022-0202) Planning Commission April 20, 2023 Jaime Murillo, AICP, Principal Planner Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) Community Development Department 2 Background and Direction Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) Previous Dialogues •City Council –4 meetings •Planning Commission –3 meetings •Planning Commission Ad-Hoc Committee –7 meetings •Sagecrest Planning+Environmental Report (available to public) 3Community Development Department Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) City Council Direction March 14, 2023 Pursue Code and LCP Amendments to broaden definition of timeshare to include fractional ownership •Subject to existing time share regulations and standards •Prohibited in all residential zones Community Development Department 4 Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) 5Community Development Department Fractional Ownership Total of 12 Known Facilities Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) Community Development Department 6 Proposed Amendment Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) 1. Modifies All Time Share Related Definitions (Titles 20 and 21) •Broadly crafted to clearly include fractional ownerships and to capture other potential models •Various definitions work together •Close potential loopholes 7Community Development Department Fractional Ownership = Time Share Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) Current Definition “Time Share Project” Community Development Department 8 NBMC §21.70.020 Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) Proposed Definition Update Community Development Department 9 •a time share use is the use of an accommodation as a time share property •an accommodation means any dwelling unit, apartment, condominium or cooperative unit, hotel or motel room, or other or structure constructed for residential use and occupancy •a time share property is an accommodation subject to a time share instrument; •a time share instrument is a document (or documents) creating/governing a time share plan; and •a time share plan is any scheme/device/agreement whereby a purchaser, in exchange for consideration, obtains exclusive right to occupy a property (or portion thereof) for less than a year, and on a recurring basis for more than a year. Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) 2. Modifies Title 20 Time Share Regulations •Minor revisions for consistency with modified definitions •Prohibited in all residential zones •Allowed with CUP in certain commercial and mixed-use zones •Conversion of dwelling units prohibited •300 units minimum and substantial amenities required •Development Agreement required •Sales, operating, management, and contingency plan required 10Community Development Department Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) 3. Modifies Title 21 Visitor Accommodations Regulations •Minor revisions for consistency with modified definitions •Clarifies regulations to development and creation (includes conversion)of new visitor accommodations (including time shares) •Clarifies conversion of existing dwelling units into time shares is prohibited 11Community Development Department Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) Recommended Action •Conduct Public Hearing •Find Exempt from CEQA •Adopt Resolutions recommending City Council: •Adoption of Zoning Code Amendment •Adoption and Submittal of LCP Amendment to CA Coastal Commission 12Community Development Department Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202) 13 Questions and Discussion Jaime Murillo, AICP, Principal Planner jmurillo@newportbeachca.gov Planning Commission April 20, 2023 Planning Commission - April 20, 2023 Item No. 3d - Additional Materials Presented at the Meeting by Staff Fractional Ownership Code and LCP Amendments (PA2022-0202)