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Home My WebLink About96-7 - Approving An Amendment to Title 20 of the Newport Beach Municipal Code So as to Allow Time-Share Projects in Commercial DistrictsORDINANCE 96- 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH 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 a public hearing regarding Amendment No. 842 and recommended approval of said amendment; and WHEREAS, on March 11, 1996, the City Council of the City ofNewport Beach held a public • hearing regarding Amendment No. 842; and WHEREAS, the public was duly noticed of the public hearings; 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. THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Chapter 20.76 of Title 20 of the Newport Beach Municipal Code to read as follows: 11ME -SHARE D- EYELQPMENIS • CHAPTER 20.76 SECTIONS: 20.76.005 Intent 20.76.010 Definitions 20.76.020 Where Permitted 20.76.030 Application Process 20.76.040 Development Agreement 20.76.050 Development and Operational Regulations is20.76.005 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 effects 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 providing additional land use and property development regulations for time -share developments within 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 INTERVAL. The term "time -share interval' shall mean the period or length of time of occupancy in a time -share unit. 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 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. 20.76.020 WHERE PERMITTED. Time -share projects are permitted only in commercial districts, including the commercial portions of specific plan districts and planned community districts. 20.76.030 APPLICATION PROCESS. A. Use Permit Required. Approval of a use permit in accordance with the provisions of Chapter 20.80 is required for the establishment of time -share project. B. Application Requirements. In addition to the application requirements contained in Chapter 20.80, an application for a time -share project shall be accompanied by the following documents which shall be subject to approval of the Planning Director: 1 Saes Plan: A Sales Plan shall address the times, areas and methods that will be used to sell the time -share project. Factors to be defined in the plan shall • include, but not be limited to; the location, length, and marketing methods that will be used, distinguishing on -site and off -site marketing and signage; and an estimate of the potential numbers of individuals and automobiles expected during various stages of the sales effort. The plan also shall describe measures that will be implemented to reduce traffic during peak hours. 2. Managcment PI : A Management Plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of a time -share project. 3. Con�geq Plan: A Contingency Plan shall address the actions to be taken by the applicant if the time -share project is an economic failure or fails to sell 50 • percent of the time -share estates or uses within two years of receiving a permit to occupy the first unit. 20.76.040 DEVELOPMENT AGREEMENT. The City and the operator of any time -share project shall enter into a Development Agreement, under the provisions of Chapter f5 28.45 of the City of Newport Beach Municipal Code, relating to the amount of tax payable to the City by any time -share owner for the right of occupancy of any time -share unit. 20.76.050 DEVELOPMENT AND OPERATIONAL REGULATIONS. 1. Propel Development Regulations. Time -share projects shall comply with the property development regulations for the zoning district in which it is located. existing residential dwelling units into time -share units shall be prohibited. 3. Minimum Number of Units. Each time -share project shall be have a minimum of one hundred (100) time -share units. Time -share projects consisting of less than one hundred units, but developed or converted in conjunction with a resort hotel complex of three hundred rooms (300) or more shall be considered to be in conformance with this requirement. • 4. . Parking shall be provided at a ratio of 1.2 spaces per unit, plus 1 per 50 square feet of banquet seating or meeting area. 5. Required Amenities. Time -share projects shall be developed with substantial recreational amenities. Such amenities include, but are not limited to, golf courses, tennis courts, and swimming pools. SECTION 2. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City. SECTION 3. This Ordinance shall not become effective until the effective date of an ordinance amending Title 3 of the Municipal Code to include provisions requiring the payment of a • tax or equivalent fee to the City by any time -share owner for the right of occupancy of any time -share unit. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on February 26, 1996, and adopted on the 11th day of March 1996, by the following vote, to wit: • CITY CLERK AYES, COUNCIL MEMBERS O' NEIL, EDWARDS , DEBAY, COX, GLOVER, WATT, HEDGES NOES, COUNCIL MEMBERS NONE ABSENT COUNCIL MEMBERS NONE, � MAYOR