As used in this chapter:
"Developer"
means, in the case of any given property, any person or entity which is in the business of creating or which is in the business of selling its own time share intervals in any time share project.
"Development," "project," or "property"
means all of the real property subject to a project instrument.
"Person"
means one or more natural persons, corporations, partnerships, associations, trusts, other entities or any combination thereof.
"Project instrument"
means one or more recordable documents applicable to the whole project by whatever name denominated, containing restrictions or covenants regulating the use, occupancy or disposition of an entire project, including any amendments to the documents, but excluding any law, ordinance or governmental regulation.
"Purchaser"
means any person other than a developer or lender who acquires an interest in a time share interval.
"Time share estate"
is a right of occupancy in a time share project which is coupled with an estate in the real property.
"Time share instrument"
means any document by whatever name denominated, creating or regulating time share projects, but, excluding any law, ordinance or governmental regulation.
"Time share interval"
means a time share estate or a time share use.
"Time share project" or "time sharing project"
is one in which 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, or segment of real property, annually or on some other 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.
"Time share use"
is a license, contractual or membership right of occupancy in a time share project which is not coupled with an estate in the real property.
"Unit"
means each portion of the real property or real property improvement in a project which is divided into time share intervals.
(Ord. 83-8 §1)
A. 
Time sharing projects shall be allowed only if a coastal development permit is issued by the City Council. The City Council may enact reasonable standards and guidelines concerning the issuance of such permits, in addition to those standards and guidelines hereinafter set forth, which may be amended from time to time. Such standards and guidelines include, but are not necessarily limited to, those set forth in Sand City's local coastal program and local coastal land use and implementation plans, and may include any information submitted to the department of real estate, and other appropriate information on the property which may be reasonably required due to its proposed use as a time sharing project.
B. 
In addition, the City Council, in determining whether, and under what conditions to issue any such permit, among other things may consider the impact of the time sharing project on present and future City services, the desirability of requiring that an office of the developer be located locally or on-site as appropriate, and whether the project will have a significant adverse impact on the health, safety and welfare of the general public.
(Ord. 83-8 §3)
No time sharing project shall be allowed unless the units are made available for sale in maximum increments of 31 days and any one purchaser's occupancy of a particular unit is limited to a maximum of 31 consecutive days.
(Ord. 83-8 §4)
The applicant shall provide the City Council with at least the following information as part of their application for a coastal development permit:
A. 
The legal description, street address, or other description sufficient to identify the time share estate property.
B. 
Identification of time share intervals by name, street address, time periods, type of units, or combination thereof, identification of the units that are in the time sharing project and the length of time that each of the units are committed to the time sharing project, and the method whereby additional time share intervals may be created, deleted, or substituted.
C. 
The formula, fraction or percentage of the common expenses and any voting rights assigned to each time share interval and, where applicable, to each unit in a project that is not subject to the time share project.
D. 
Any restrictions on the use, occupancy, alteration or alienation of time share intervals, including identification of the deed restrictions or contractual restrictions to be contained in the project instrument and to be enforceable against all present and future time share unit purchasers.
E. 
A completed coastal development permit application with any required maps and studies.
F. 
A copy of any material submitted to the department of real estate for certification.
G. 
A description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and maintenance of the time sharing project.
H. 
A description of the method proposed to be employed to guarantee that the City is promptly notified of such things as the identity of the purchasers, the purchase price paid, the portion, unit or interest acquired, and the amounts of any and all maintenance fees, management fees, operations fees or other such fees.
I. 
Any other matters the developer or City Council deems reasonably necessary to consideration of the time share project application including any required environmental documents.
(Ord. 83-8 §5)
A. 
All time sharing projects shall be subject to a transient lodging tax in an amount hereafter specified: An 8% transient lodging tax is to be imposed upon the gross receipts from the occupancy of lodging facilities. For purposes of the applicability of the transient lodging tax to time sharing projects, the "gross receipts" deemed payable on account of time share occupancy by a transient shall be the "rental value" of the unit which accommodated such occupancy, which "rental value" shall be computed by determining the pro rata share of the total purchase price of the time share interval (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 applicable operating costs, including, but not limited to, the applicable real and personal property taxes, plus the total amount of any and all fees, assessments, charges and expenses (not including the previously referred to taxes) 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 pro rata share of the total purchase 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 40 years.
B. 
Each developer shall establish a homeowners association whose responsibility it will be to collect the transient lodging tax and pay such tax moneys to the City Treasurer. The amount of tax shall be separately stated from the purchase price or other occupying fee, managing fee, or other such fee charged on all receipts, and each purchaser shall receive a receipt for all such payments from the homeowners association.
C. 
Each homeowners association shall, on or before the tenth day of each month or at the close of any different reporting period which may be established by the City Treasurer, make a return to the City Treasurer, of the gross receipts charged, received, or allocable to the period of transient occupancy currently involved, and the amount of tax collected for transient occupancies during the month or other reporting period immediately preceding. At the time the return is filed, the full amount of tax collected shall be remitted to the City Treasurer. The City Treasurer may establish shorter reporting periods for any homeowners association if the City Treasurer deems it necessary in order to insure collection of the tax, and he or she may require further information in the return.
D. 
It shall be the duty of every homeowners association responsible for the collection and payment to the City of any tax imposed by this chapter to keep and preserve for a period of at least three years, all such records as may be necessary to determine the amount of tax. The City Treasurer or his/her nominee shall have the right to inspect such records at any reasonable time and place, which records are to be available for inspection within the City boundaries.
E. 
Revenue generated from the transient lodging tax shall be of unrestricted use to the City and placed in the City's general fund.
(Ord. 83-8 §6)
The City Council may impose such additional conditions on its issuance of a time sharing project coastal development permit as it may deem necessary to protect the public's health, safety and welfare, and may request additional information as a condition of project approval.
(Ord. 83-8 §7)