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Home My WebLink AboutORD 5661 ORDINANCE- ND. 566 AN ORDINANCE OF THE CITY COUNCIL OF TI1E CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMMENUIE VT TO CEIAPTER 25.100 OF TIIE CITY OF PALM DESERT ZONING ORDINANCE ESTABLISIIING STANDARDS OF DEVELOPMENT FOR TIMESHARE DEVELOIT4ENTS . CASE NO. ZOA 88-4 WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of January, 1989, hold a duly noticed public hearing to consider the above mentioned request; and WHEREAS, at said public hearing, upon hearing and considering all testimony arguments, if any, of all interested persons desiring to be heard, said city council did find the following facts to justify its action as described below: 1. That the zoning ordinance amendment is consistent with the objectives of the zoning ordinance. 2. 'Mat the zoning ordinance amendment is consistent with the adopted general plan and affected specific plans. 3. `I'liat the zoning ordinance a►TienchmeriL would better serve the public health, safety, and general welfare than the current regulations. NOW, IMEREFORE, BE IT ORDAINED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the consideration of the council in this case. 2. That it does hereby approve a zoning ordinance Text Amendment, as provided in the attached exhibit, labeled Exhibit "A." 3. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and effective thirty (30) days after its adoption. PASSED, APPROVED AND ADOPTED by the Palm Desert City Council this 26th day of January, 1989, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, WILSON NOES: NONE ABSENT: SNYDER ABSTAIN: NONE A` EST/n, � SHEILA R. GILLIGAN, Cityylerk City of Palm Desert, Ca(lifortii.a /-bm EXHIBIT A 15145or9.dst O1/09/89 Chapter 25.100 TIME-SHARE PROJECTS Sections: 25.100.010 Defined. 25.100.020 Permitted zones. 25.100.030 Information to be submitted with C.U.P. application. 25.100.035 Time-share in permitted zones. 25.100.050 Findings. 25.100.060 Minimum number of units in a time-share project. 25.100.070 Development standards for time-share project. 25.100.010 Defined. As used in this chapter, "time-share project" means 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 includes but is not limited to time-share estate, interval ownership, vacation license, vacation lease, club membership, time -snare use, and hotel/condominium. (Ord. 280 §3(part), 1981). 25.100.020 Permitted zones. A time-share project shall be permitted only in a Planned Residential (PR) zone, a General Commercial Zone or in a Planned Commercial Resort (PC-4) zone. Any time-share project shall be developed in conjunction with a resort hotel having 500 or more rooms and an 18 hole golf course of not less than 6400 yards, 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 this Code. (Ord. 280 §3(part), 1981). 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: A. Copies of documents and information required pursuant to Article 12.2 of the California Administrative Code, Section 472-1 (Palm Desert 7/86) 2810 wherein the requirements for a "substantially complete" application for a final subdivision public report are enumerated, excluding those documents so enumerated which are subject to the approval of the City and therefore otherwise availiable to the City. In the event such documents and information have not been filed with the California Department of Real Estate at the time an applicant applies for a conditional use permit, the applicant shall furnish such documents. and information upon the submission of such documents and information to the Department of Real Estate, but in no event later than the issuance of the conditional use permit. B. 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 certified U.S. mail that application to so convert the project would be submitted to the commission together with when the city staff and the commission would consider such application. C. In the case of a new mixed project (i.e. 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. D. 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. (Ord. 280 §3(part), 1981). 25.100.035 Time-share in permitted zones. Notwithstanding any other provisions of this chapter, the following conditions must be met by any time-share development in any permitted zone: A. With respect to time-share projects developed within a Planned -Residential zone, the density of the time-share project shall not exceed the density permitted in such zone for residential projects; with repspect to time-share projects developed in a General Commercial zone or a Planned Commercial Resort zone, the density of the time-share project shall not exceed the density permitted in such zone for general commercial or planned commercial projects. In determining the density of a time-share project, upon the request of an applicant, the planning officer shall have the authority to transfer the densit permitted in other similarly zoned property owned by an applicant to the time-share project; 472-2 (Palm Desert 7/86) I B. The time-share project must comply with all development standards for the zone in which it is located; 6 r--� C. The time-share project must be comprised of "time-share estates" as defined in.California Business and Professions Code §11003.5; D All maintenance agreements and CC&R's must be approved by the city; E. The minimum time-share use period shall be for one week (seven days); F. Project sponsor shall post a maintenance bond, letter of credit or cash deposit to assure the maintenance of any landscaping along the perimeter of the project abutting any public right of way. The amount of the bond, letter of credit or cash deposit shall be equal to 25% of the annual budget of the owner's association having the duty to maintain the exterior of the project which is for such landscaping expenses. The bond, letter of credit or cash deposit shall run to the City and shall remain in place for the life of the project. G. For the purposes of this section a "time-share project" shall be defined as all of the real property which is subject to a single conditional use permit for time-sharing purposes and a plan of time-sharing set forth in covenants, conditions and restrictions encumbering such real property, and all real property which is subject to the single conditional use permit and which shall be subsequently annexed under such plan. With respect to a time-share project, all interests created therein shall be subject to a public facilities impact mitigation fee of $150 per week share. With respect to each week share in a time-share project, a public facilities impact fee payable under this section shall be paid on the first day of the first calendar month following the sale and conveyance of such week share by the sponsor of a time-share project to an individual consumer (excluding bulk sales from one sponsor to another, in which case the successor sponsor shall have the obligation to pay the public facilities impact fee described herein upon the sale and conveyance of a.week share to a consumer). On the first day of each calendar month, or less frequently if required by the City Council, a sponsor of a time-share project shall also submit a written report to the City which specifies the number of week shares in the time-share project which have been sold and conveyed in the preceding calendar month. 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. 472-3 (Palm Desert 7/86) 25.100.050 Findings. Prior to the granting of a conditions use permit for "time-share" the planning commission shall determine that the findings delineated in Section 25.72.070 are met. (Ord. 280 §3(part), 1981). 25.100.060 Minimum number of units in a time-share project. The minimum number of units in a "time-share" project.shall be fifty (50). (Ord. 280 §3(part), 1981). 25.100.070 Development standards for time-share project. "Time-share" projects shall be designed to conform to the standards for hotel developments in the event the time-share project is located in a Planned Commercial Resort or General Commercial zone. (Ord. 280 §(part), 1981). 1 472-4 (Palm Desert 7/86)