HomeMy WebLinkAbout82-14 - Amending Title 20 of the Newport Beach Municipal Code Prohibiting the Development of Time-Share Projects Within the City of Newport BeachORDINANCE NO. 82 -14
AN ORDINANCE OF THE CITY OF NEWPORT
BEACH, AMENDING TITLE 20 OF THE NEWPORT
• BEACH MUNICIPAL CODE PROHIBITING THE DEVELOPMENT
OF TIME -SHARE PROJECTS WITHIN THE CITY OF NEWPORT BEACH
WHEREAS, the City Council of Newport Beach has found and
determined that time -share developments create unique problems related to
transient occupancy such as increased traffic and demand for city services;
and;
WHEREAS, the unique characteristics of time -share projects can
have an adverse impact on immediately adjacent areas and the City as a whole;
and
WHEREAS, construction of new time -share projects on property
suitable for visitor accommodation facilities would remove usable property for
use as hotel /motel or other visitor serving facilities which could contribute
to a shortage of available motel and hotel facilities to the detriment of the
. overall good of the City; and
WHEREAS, the General Plan of Newport Beach encourages the
preservation of affordable rental dwellings for both long term residents and
transient visitors; and
WHEREAS, the conversion of dwelling units within the City to
time -share projects eliminates dwellings otherwise available for rental in the
City; and
WHEREAS, time -share projects within the City would negatively
impact the existing character, economy, and values of the City, and that
prohibition of such projects is necessary to protect such health, safety, and
welfare of the general public.
NOW, THEREFORE, the City Council of the City of Newport Beach does
ordain that the Newport Beach Municipal Code is hereby amended as follows:
. SECTION 1. Chapter 20.76 entitled Time -Share Developments is
hereby added to the Newport Beach Municipal Code as follows:
SECTIONS:
20.76.005 Intent
20.76.010 Definitions
20.76.015 Prohibitions
20.76.020 Separability
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 affects 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
prohibiting time -share developments in the City of Newport Beach.
20.76.010 DEFINITIONS.
The following terms used herein shall have
the meanings indicated:
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 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.
TIME -SHARE 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 INTERVAL. The term "time -share interval" shall mean
0, the period or length of time of occupancy in a time -share unit.
20.76.015 PROHIBITIONS. A. The construction, sale or development
of any time -share unit shall be hereafter prohibited in the City of Newport
Beach.
B. It shall be unlawful to sell any right of occupancy in a
time -share estate.
- 2 -
C. It shall be unlawful to sell, rent or give by contract or
otherwise any license or membership right of occupancy in a time -share project
which is not coupled with an estate in real property.
D. It shall be unlawful to convert to a time -share project, a
• time -share estate, or a time -share use, all or any part of:
1. An existing single family residential unit; or,
2. An existing residential unit in a condominium project; or
3. An existing apartment or multi - family residential unit; or
4. An existing hotel or motel room or unit.
20.76.020 SEPARABILITY. If any provisions or requirements of this
chapter shall be found invalid or unconstitutional in application or in
interpretation by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this chapter.
SECTION 2. This Ordinance shall be published once in the official
newspaper of the City and the same shall be effective thirty (30) days after
0 the date of its adoption.
This Ordinance was introduced at a regular meeting of the City
Council of the City of Newport Beach held on the 12th day of ,7uly 1982,
and was adopted on the 26th day of July 1982, by the following vote,
to wit:
Ayes, Coucilmen Heather, Maurer,
Hart, Strauss. Hummel. Plummer
Noes, Councilmen None
Absent Councilmen None
Absta;,ned Coax /
ayor
ATTEST:
City Clerk
7- 13- 82 /JDH /tn - 3 _