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HomeMy WebLinkAboutOrd 47 ORDINANCE NO. 47 AN ORDINANCE OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, AMENDING THE CITY'S ZONING ORDINANCE BY ADDING THERETO REGULATIONS RELATING TO THE USE OR OCCUPANCY OF LAND ON A "TIME-SHARE" BASIS. The city council of the City of Cathedral City does ordain as follows: SECTION 1. Riverside County Ordinance No. 348 (which was adopted by reference by this City Council by Ordinance No. 12 operative March 16, 1982) hereby is amended by adding thereto a new section, to be numbered SECTION 18.46, and reading as follows: SECTION 18.46. USE OR OCCUPANCY OF LAND ON A "TIME-SHARE" BASIS. (a) Definition. For the purposes of this Section, a time-share project is one in which time-share rights or entitlements to use or occupy any real property or portion thereof has been divided as defined in subsection (7) of Section 3.24.020 of the Cathedral City Municipal Code, into twelve (12) or more time periods of such rights or entitlements. (b) Zones in Which Permitted: Conditional Use Permit Required. A time-share project shall be permissible only in such zones and at the locations therein where a hotel use would be permitted pursuant to this Zoning Ordinance, and in accordance with this Section. No time-share project shall be allowed in any case wherein con- dominium by-laws, or covenants, conditions and restrictions expressly prohibit time-share uses. A conditional use permit shall be re- quired in accordance with Section 18.28 for any time-share project. (c) Application for Time-Share Project Approval. An applicant for approval of a proposed time-share project shall submit a completed application on a form as prescribed by the Department of Community Development, in addition to any other application information or forms that may be necessary in the particular case. (d) Transient Occupancy Tax Applicable. All time-share projects shall be subject to the provisions of the City's Transient Occupancy Tax Ordinance. (e) Time-Share Conditional Use Permit. In addition to other consid- erations of a Conditional Use Permit for a time-share project, the following shall apply: (1) In the event an existing condominium project is proposed to be converted to a whole or partial time-share project, a ver- ified 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 shall be submitted. Also in such instance, there shall be submitted, a verified statement of the number and percentage of owners who have received notification, either personally (proof by signature of the recipient or witness) 000377 or by receipted certified U.S. Mail, that application to so convert the project would be submitted to the Commission. (2) The Commission may approve or deny an application for Conditional Use Permit for a time-share project, in accordance with the general provisions regarding findings and conditions in Section 18.28. No application shall be approved unless, among other considerations, it appears that more than 50% of the owners of condominium units (not including those owned by the applicant and/or the developer or any person or entity affiliated there- with) have received notification, either personally or by re- ceipted certified U.S. Mail as referred in subsection (e)-1 above. The Commission may impose such conditions as it deter- mines are necessary to protect the public safety, health, peace and welfare. Each use permit shall be issued with a condition attached that no time-share rights or entitlements shall be sold or offered for sale unless, at such time, there then exists a valid final subdivision public report for the sale of such time-share rights or entitlements, issued by the Department of Real Estate of the State of California. In determining whether, and under what conditions to issue any such Conditional Use Permit, the Commission, among other things, may consider: a. The impact of the time-sharing project on transient or permanent rental stock; b. The impact of time-sharing on present and future City services; c. Nonconformity with current zoning regulations and the General Plan, and reasonable conditions to eliminate same; d. Nonconformity with existing uniform building and fire codes and reasonable conditions to eliminate same; e. The Sign program proposed for the project; f. The landscaping proposed for the project; g. Traffic circulation and parking; h. The applicant's description of the methods proposed to be employed to guarantee the future adequacy, stability and continuity of a satisfactory level of management and main- tenance of the time-share project. i. The desirability of requiring an office of the managing agent or agency be located locally or on-site, as appropriate. j . Any other factors deemed relevant and any other information which the Commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application. SECTION 2. EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. i SECTION 3. POSTING. The City Clerk shall within 15 days after the passage of this ordinance, cause it to be posted in at least the 3 public places designated by resolution of the City Council; shall certify to the adoption and posting of this ordinance; and shall cause this ordinance and its certification together with proof of posting, to be entered in the book of ordinances of this City. 000373 The foregoing ordinance was approved and adopted at a meeting of the City Council held January 5 1983, by the following vote: Ayes: Councilmembers Case, Krings, Martin, Smith and Mayor Murphy Noes: None 4 Absent: None Ale A '//. Al ,...,A .'.° MAYOR / / ATTEST: 4r '4:)1% ITY CLE APPROVED AS TO FORM: APPROVED AS TO CONTENT: ITY ATTORNEY �•/CITY MANAGER I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE NO. ''17 WAS DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY, CALIFORNIA, IN A ' MEETING THEREOF HELD ON THE 3`k DAY OF __!,,.. /�.., 198 .., AND THAT SAME WAS POSTED IN AT LEAST 'i'E THREE / PUBLIC PLACES SPECIFIED FOR SUCH POSTINGS, BY THE SAID CITY COUNCIL CITY CI FPI( 000379