[§ 1, Ord. 788, eff. February 12, 1986]
It is the intent of the City of Avalon to regulate the creation
and development of time-share projects within the City in order to
ensure that such projects promote the goals and policies of the Avalon
General Plan and Local Coastal Plan.
[§ 1, Ord. 788, eff. February 12, 1986]
(a)
TIME-SHARE INTEREST – A right in perpetuity, for life,
or for a term of years, to the recurrent and exclusive use or occupancy
of a lot, parcel, unit, or segment of real property, annually, first
reserved first served, or on some other basis, for a period of time
which has been or will be allotted from the use or occupancy periods
into which the project has been divided.
(b)
TIME-SHARE PROJECT – A lot, parcel, unit or other segment
of real property whose ownership includes at least one time-share
interest. For purposes of this chapter, if the time-share project
is a congregate housing project, the entire structure or complex shall
be deemed a time-share project. Time-share projects include both new
construction and conversions from non-time-share use.
[§ 1, Ord. 788, eff. February 12, 1986]
The following types of accommodations shall not be converted
to a time-share project:
[§ 1, Ord. 788, eff. February 12, 1986]
All applicants for time-share projects shall obtain a conditional use permit pursuant to the procedures and substantive findings set forth in §§ 9-8.401 et seq. of this Code and the additional requirements set forth in this chapter, and shall secure site plan approval or approval with conditions pursuant to §§ 9-8.201 et seq. of this Code. No conditional use permit shall be issued pursuant to this chapter unless the use of time-share projects is explicitly included among the possible uses in the zone in which the proposed project would be located.
[§ 1, Ord. 788, eff. February 12, 1986]
In addition to the procedures set forth in §§ 9-8.401 et seq. of this Code, the applicant shall provide to the City the following information or documents;
(a)
If the proposed time-share project would consist of fewer than
all of the units of a congregate housing project, the applicant shall
identify which units are proposed to be part of the time-share project;
(b)
The duration of the proposed time-share interest, i.e. in perpetuity,
for life, for a term of years, or some other basis;
(c)
The nature of the proposed time-share interest, i.e. an interest
in a particular lot, parcel, unit or other segment of real property,
or an undivided interest by license, partnership, tenancy in-common
or otherwise;
(d)
Copies of the proposed documentation which would establish the
nature of the time-share interests in the proposed timeshare project,
as well as any proposed documentation which would establish any restrictions
on the use, modification or alienation of such time-share interests.
As appropriate, such documents shall include but not be limited to
articles of incorporation, by-laws, license agreements, membership
agreements, partnership agreements, and covenants, conditions and
restrictions;
(e)
The number of golf carts which the applicant proposes to register
with the time share project, provided, however, that such number shall
not exceed the number of individual lots, parcels, units or other
divided segments of real property which are to constitute a time-share
interest for such proposed time-share project.
(f)
A report or other document which sets forth the applicant's
proposal for managing the time-share project, including, but not limited
to, the number and duties of personnel, an itemized budget, and a
description of management duties.
(g)
If the proposed time-share project is to be converted from existing
buildings or structures, a report describing in detail the condition
and expected useful life of the proposed project's roof, foundation,
and mechanical, electrical, plumbing and structural elements. The
report shall additionally include data describing the acoustical attenuation
characteristics of any party walls and party ceilings/floors. This
report shall be prepared by a registered civil or structural engineer,
a licensed architect, or licensed general engineering contractor.
Such report shall also include, as necessary, a schedule for bringing
the affected property into compliance with the City's Planning
and Zoning Ordinance, City Fire Code, and County Building Code.
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If the Commission grants the conditional use permit, the representations
made by the applicant/permittee in this section shall constitute terms
of the conditional use permit and the permit shall be subject to forfeiture
if the permittee changes such terms without the City's prior
express written approval.
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[§ 1, Ord. 788, eff. February 12, 1986]
In addition to the findings set forth in § 9-8.404, the Commission shall find the following:
(a)
If the proposed time-share project is a "subdivision" as defined
by Business and Professions Code § 1104.5(e)(1) or 1104.5(e)(2),
the applicant has provided a public report issued pursuant to Business
and Professions Code §§ 11010 et seq.;
(b)
The time-share project would not unduly reduce the availability
or affordability of transient or permanent rental accommodations within
the City;
(c)
The time-share project would not unduly reduce the availability
or affordability of low and moderate income housing within the City;
(d)
The time-share project complies with all applicable building,
safety and fire standards;
(e)
The time-share project parking includes facilities which comply
with the specific zone where the time-share project is to be located;
(f)
The time-share project would be managed in a manner which ensures
that the property would be well maintained and the time-share project
would be a viable commercial enterprise;
(g)
The time-share project is consistent with the City's annual
growth policy as set forth in the City's General Plan; and;
(h)
The time-share project satisfies all applicable Code provisions
relating to advertising signs.
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The Commission may, in its discretion, establish and evaluate
additional conditions which it determines to be appropriate.
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[§ 1, Ord. 788, eff. February 12, 1986]
(a)
No more than one vehicle shall be registered to any one unit
in a time-share project.
(b)
The conditional use permit for a time-share project shall set
forth the maximum number of golf carts which may be registered for
the time-share project, provided, however, that such number shall
not exceed the number of units, lots, parcels or other segment of
real property which constitute a time-share interest for such time-share
project.
[§ 1, Ord. 788, eff. February 12, 1986]
Every time-share project shall pay an annual license tax as set forth in § 3-1.211 of this Code.
[§ 1, Ord. 788, eff. February 12, 1986]
If the applicant proposes to convert any congregate housing
project to a time-share project, the applicant shall deliver to each
party who holds an interest in the structure or complex a notice regarding
the proposed conversion before filing an application for a conditional
use permit. Such notice must be delivered to all such parties at least
15 days prior to any public hearing regarding the conditional use
permit for the proposed conversion. Such notice shall contain the
following information: (a) the name and address of the project's
owner or the owner's representative; (b) the approximate date
of the proposed conversion; (c) the party's right to be heard
at any public hearings regarding the conditional use permit for the
conversion, and the date(s) of such hearing(s). Proof of service of
the notice as well as a list of names and addresses of all such parties
shall be provided to the City.
The applicant bears the burden of demonstrating at any public
hearing regarding the conditional use permit for the proposed conversion
that the applicant has fully satisfied the requirements of this section.
[§ 1, Ord. 788, eff. February 12, 1986]
An applicant for a time-share project may appeal an adverse decision pursuant to Avalon Municipal Code § 9-8.601 et seq.
[§ 1, Ord. 788, eff. February 12, 1986]
In any section, subsection, sentence, clause or phrase of this
chapter is for any reason held invalid by a court of competent jurisdiction,
such decision shall not affect the validity of any other portion of
the chapter, it being the intent hereof that each section, subsection,
sentence, clause and phrase hereof would have been adopted irrespective
of the fact that any one or more section, subsection, sentence, clause
or phrase be declared invalid.
