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HomeMy WebLinkAboutRes No 758PLANNING COMMISSION RESOLUTION NO. 758 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO THE ZONING ORDINANCE TEXT, BY AMENDING AND ADDING CHAPTER 25.100 (TIME-SHARING) CASE NO. ZOA 14-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of November, 1981, hold a duly noticed Public Hearing to consider the proposed amendment of Municipal Code to amend Section 3.28 to include "Time -Sharing" as a use which is required to remit to the City the Transient Occupancy Tax and to insert a new section permitting "Time -Sharing" in certain zones and subject to certain requirements. WHEREAS, the proposed amendment is a minor alteration to land use limitations and therefore is a Class 5 Categorical Exemption for the purposes of CEQA. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of a Zoning Ordinance Text Amendment. 1. That the Zoning Ordinance Amendment is consistent with the objectives of the Zoning Ordinance. 2. That the Zoning Ordinance Amendment would better serve the adopted General Plan. 3. That the Zoning Ordinance Amendment would better serve the public health, safety and general welfare, than the current regulations. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the considerations of the Commission in this case; 2. That it does hereby recommend a Zoning Ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code Chapter 3.28 and add Chapter 25.100. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of November, 1981, by the following vote, to wit: AYES: CRITES, KRYDER, MILLER, WOOD NOES: RICHARDS ABSENT: NONE ABSTAIN: NONE ATTEST: A ON A. DIAZ, Secretary /pa PLANNING COMMISSION RESOLUTION NO. 758 EXHIBIT "A" SECTION 1: Amendment. That Section 3.28.020 of the Code of the City of Palm Desert, California, is hereby amended to read as follows: "3.28.020 Definitions. Except where the context otherwise requires, the definitions given in this section shall govern the construction of this chapter: A. "Hotel" means any structure, or any portion of any structure, which is occupied or intended or designed for use or occupancy by transients, including, but not limited to dwelling, lodging or sleeping purposes, and includes any hotel, lodging, house, roominghouse, apartment house, time-share project or facility, dormitory, public or private club, mobile home or house trailer at a fixed location, as permitted by Section 7281 of the Revenue and Taxation Code of the State, or other similar structure or portion thereof subject to the business license provided by this code. B. "Occupancy" means the use or possession, or the right or entitlement to the use or possession, of any hotel rooms, rooms or any portion thereof offered for rent for dwelling, lodging or sleeping purposes regardless of the purpose for which such rooms are rented or provided. C. "Operator" means the person who is proprietor of the hotel whether in the capacity of owner, lessee, sublessee, mortgagee in possession, licensee, time-share project or facility manager or operator, or any other capacity. Where the operator performs his or its functions through a managing agent of any type or character, the managing agent shall also be deemed an operator for the purpose of this chapter, and shall have jointly and severally the same duties and liabilities as his principal. Compliance with the provisions of this chapter by either the principal or the managing agent shall, however, be considered to be compliance by both. D. "Rent" means the consideration charged or chargeable to the tenant or person entitled to occupancy, for the occupancy of space valued in money whether received in money, goods, labor or otherwise, including the full value of receipts, cash, credits, property, or service of any nature whatsoever. "Rent may have been or may be, payable prior to or following (in whole or in part) the occupancy to which it is attributable, and may have been paid in whole or in part in advance on a long term basis, such as in a time-share project or similar arrangement. It is not the intent of this section to make the operator liable for the tax on uncollected rent. However, uncollected rent must be reported. E. "Tax Administrator" means the director of finance, or such other individual as may be designated by the City Council. F. "Time-share Occupancy" means occupancy related to the situation wherein a purchaser receives the right or entitlement in perpetuity, for life, or for a term of years or other extended term, to the recurrent, exclusive use or occupancy of a lot, parcel, unit, room(s), hotel or portion thereof, 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 time-share project which is involved has been divided. The said right or entitlement to occupancy may attach in advance to a specific lot, parcel, unit, room(s), or portion of a hotel, or segment of real property, or may involve designation or selection of the same at a future time or times. G. "Transient" means any person who exercises occupancy or is entitled to ocupancy by reason of concession, permit, right of access, license, time-share arrangement or ownership or agreement, or other agreement for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired. Unless days of ocupancy or entitlement to occupancy by one person are consecutive without any break, then prior or subsequent periods of such occupancy or entitlement to occupancy shall not be counted when determining whether a period exceeds the stated thirty consecutive days. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to November 26, 1973, may be considered. (Ord. 134 SS1, 2, 1976; Ord. 6 S2, 1973). SECTION 2: Amendment. That Section 3.28.030 of the Code of theCity of Palm Desert, California, is hereby amended to read as follows: "3.28.030 Tax Imposed. For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of six percent of the rent charged by the operator or otherwise payable by the transient. The tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. PLANNING COMMISSION RESOLUTION NO 758 "3.28.030 Tax Imposed. (Continued) For purposes of this section, the rent deemed payable on account of time-share occupancy by a transient shall be the rental value of the unit or room(s) which accommodated such occupancy, which rental value shall be computed by determining the prorata share of the total purchase price of the time- share right or entitlement (whether or not involving an estate or any ownership in real property) which share is allocable to the period of transient occupancy currently involved, and adding thereto the total amount of any and all fees, assessments, charges and expenses charged by the operator as attributable to the time-share occupancy of the transient by whatever name such fees, assessments, charges or expenses may be denominated, whether "occupying fee", "maintenance or operations charge", "Per diem fee", "management fee" or like name or otherwise. In making the computation referred to above of the prorata share of the total puchase price, in any case wherein the time-share right or entitlement is in perpetuity or for life or otherwise not for a definite or ascertainable term, such proration shall be made upon an assumed term of forty years. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due when the transient ceases to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the tax administrator may require that such tax shall be paid directly to the tax administrator. Tax on occupancies in exchange for services of any kind is due and payable to the City by the operator, the amount of tax being determined on the basis of six percent of the current rental value of the accommodations furnished. (Ord. 6 S3, 1973)." SECTION 3: Addition. That Chapter 25.100 is hereby added to the Code of the City of Palm Desert, to read as follows: "CHAPTER 25.100 TIME-SHARE PROJECTS 25.100.010 Defined. As used in this Chapter, time-share project shall mean one 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 limited to time-share estate, interval ownership, vacation license, vacation lease, club membership, time-share use, and hotel/condominium. 25.100.020 Permitted Zones. A time-share project shall be permitted only in the Planned Commercial Resort (PC-4) zone, Planned Residential (PR) zone, Multifamily (R-3) zone or General Commercial (C-1) zone, and then only if and when a Conditional Use Permit has been obtained therefor from the Planning Commission in accordance with Chapter 25.72 of the Code. 25.100.030 Information to be Submitted with C.U.P. Application. In addition to the information required by Section 25.72.020, an applicant for a Conditional Use Permit approval involving a time-share project shall submit in the application at least the following information: 1. Copies of documents and information required pursuant to Article 12.2 of the California Administrative Code, Section 2810 wherein the requirements for a "substantially complete" application for a final subdivision public report are enumerated. 2. A description of the means proposed to be employed to properly and effectively collect and remit to the City the transient occupancy taxes which will become due and payable from time to time in the future. 3. 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. Also in such instance there shall be submitted a verified statement of the number and percentage of owners who have received notification, either personally or by receipted PLANNING COMMISSION RESOLUTION NO. 758 certified U.S. Mail that aplication to so convert the project would be submitted to the Commission together with when the City staff and the Commission would consider such application. 4. In the case of a new mixed project (ie: Time-sharing- condominium/rental) a description of the means proposed to be employed to disclose the number and location of all time-share units within the project. 5. Description of time periods, types of units, and which units are in the time-share program (if less than all), and the length of time each of the units are committed to the time-share program. 25.100.040 Conditions of Approval. The Planning Commission may grant a Conditional Use Permit for "Time-share" subject to conditions as set forth in Section 25.72.060. 25.100.050 Findings. Prior to the granting of a Conditional Use Permit for "Time-share" the Planning Commission shall determine that the findings delineated in Section 25.72.070 are met. 25.100.060 Minimum number of Units in a Time-share Development. The minimum number of units in a "time-share" project shall be twenty (20). 25.100.070 Development Standards For Time -Share Development. "Time - Share" Developments shall be designed to conform to the standards for hotel developments in the zone in which the property is located. 25.100.080 Transient Occupancy Tax Applicable. All time-share projects shall be subject to the provisions of the City's Transient Occupancy Tax Ordinance. 25.100.010 Exceptions. This Chapter is not applicable to those projects which applications for approval from the State Department of Real Estate have been filed prior to December 4, 1980, or projects which the City has approved prior to December 4, 1980.