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5096ORDINANCE N0. 5096 AN ORDINANCE OF THE CITY OF ANAHEIM ADDING AND AMENDING VARIOUS SUB- SECTIONS, SECTIONS AND CHAPTERS OF TITLE 2 AND TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO VACATION OWNERSHIP RESORTS. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 2.12.040 Anaheim Municipal Code be, and amend the definition of "hotel" follows: of Chapter 2.12 of Title 2 of the same is hereby, amended to as set forth therein to read "'Hotel' means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes, without limitation, any hotel, bachelor hotel, lodging house, rooming house, bed and breakfast inn, apartment house, dormitory, vacation ownership resort, public or private club, mobilehome or house trailer at a fixed location, or other similar structure or portion thereof, and shall further include any space, lot, area, or site in any trailer court, camp, park or lot which is occupied or intended or designed for occupancy by a tent, trailer, recreational vehicle, mobilehome, motorhome, or other similar conveyance, for dwelling, lodging or sleeping purposes." the as That Section 18.01.230 of Chapter 18.01 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a definition of "vacation ownership resort" to read as follows: "'Vacation ownership resort.' in which a person or entity re perpetuity, for life or for a time, to the recurrent, exclus of a lot, parcel, unit, space, property for a period of time be allocated from the use or o which the facility has been di ownership resort interest may estate in real property, or it contract, membership, or other not coupled with an estate in A timeshare facility ceives the right in specific period of ive use or occupancy or portion of real which has been or will ccupancy periods into vided. A vacation be coupled with an may entail a license, right of occupancy the real property." A SECTION 3. That new Subsection .215 be, and the same is hereby, added to section 18.48.050 of Chapter 18.48 of Title 18 of the Anaheim Municipal Code to read as follows: 11.215 Vacation ownership resorts subject to compliance with the requirements of Section 18.48.070 of this Code." SECTION 4. That new Section 18.48.070 be, and the same is hereby, added to Chapter 18.48 of Title 18 of the Anaheim Municipal Code to read as follows: 1118.48.070 REQUIREMENTS FOR VACATION OWNERSHIP RESORTS. .010. Purpose of Section. The City Council has determined that vacation ownership resorts constitute a commercial use similar to hotel/motel facilities. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on the City's tourism -related facilities, special criteria are warranted for the development of vacation ownership resorts in addition to the requirements of the underlying zone. .020. Limits on Occupancy. Occupancy, or right of occupancy, of any vacation ownershi resort unit (including different units within the same facility in a vacation ownership resort facility by a person or entity shall be limited to not more than thirty (30) consecutive days nor more than a total of sixty (60) days during any consecutive twelve (12) month period. Units which do not meet such criteria shall be considered to be residential units and shall be prohibited. .030. Required Zonin Vacation ownership resorts and conversions to vacation ownership resorts shall be permitted only in the Commercial Recreation ("CR") zone and subject to obtaining a conditional use permit. The conversion of vacation ownership resorts to residential condominium use is prohibited. .040. Related Uses. Vacation ownership resorts may include other uses, either as accessory uses to the vacation ownership resort use or as independent facilities, so long as the specific use is allowed by -2- A the underlying zone designation. Such uses shall meet all City laws and requirements. .050. Development Standards. The development standards established in the underlying zone designation shall be applicable to vacation ownership resorts and the conversion of existing facilities to vacation ownership resort use. Additional requirements may be imposed as follows: .0501 Setback, height, landscaping, signage requirements and recreational amenities. Additional restrictions may be required to ensure that the facility is adequately buffered from surrounding uses. .0502 Parking. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary. .0503 Required facilities. The Planning Commission and/or City Council may require the provision of facilities, amenities, or design features usually associated with hotels/motels (for example, lobbies, check-in areas, registration desks, service closets, laundry facilities, and the like) to ensure that the vacation ownership resort will adequately function in the same manner as a hotel/motel facility. All facilities will require either on-site resident managers, or 24-hour front desks. .0504 Kitchen facilities suitable for visitors may be permitted by the Conditional Use Permit permitting the vacation ownership resort. .060. Conversion to Vacation Ownership Uses. The following standards shall apply to conversions of existing facilities to vacation ownership resort uses. Any conversion of an existing facility to vacation ownership resort use shall be required to meet the same standards as new facilities. .0601 The conversion of any type of existing unit or facility to vacation ownership resort use shall be subject to the approval of a conditional use permit. Conversion shall be evaluated in terms of the physical suitability of the units or facilities for vacation ownership resort use. Items to be considered shall include the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; the age, condition, and general repair of any recreational facility; and conformance with appropriate building, safety and fire standards. The facility shall be upgraded to mitigate any identified deficiencies. Conversions shall also be evaluated to ensure that the conversion does not create or add to the shortage of the particular type of unit proposed to be converted in the City as a whole or in any particular area of the City. -3- i .0602 All facilities converted to vacation ownership resort use shall meet all applicable City requirements, including building, safety, and fire standards. .0603 Conversions which would significantly reduce the overall number of conventional overnight accommodations in the City for visitors shall not be allowed. The effect of the conversion on existing conventional overnight accommodations shall be quantified by means of a survey. The survey shall include a representative sample of the existing unit supply in terms of location, price and type of unit. .070 Information Required for Applications. In addition to any information requirements established by other applicable sections of this Code, the following information shall also be submitted as part of any application to develop or institute a vacation ownership resort: .0701 Typical floor plans for each vacation ownership resort unit type; .0702 The phasing of the construction of the vacation ownership resort use; .0703 The type of vacation ownership resort method to be used (fee simple, leasehold, tenancy -in -common, license, membership, and the like) and how such use may be created; .0704 The identification of vacation ownership resort intervals and the number of intervals per unit; .0705 Identification of which units are in the vacation ownership resort program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted; .0706 A description and identification of any accessory uses which are proposed in conjunction with the vacation ownership resort; .0707 A description of the availability of the vacation ownership resort project, including accessory uses, to the general public; .0708 The provisions made for management and maintenance of the project and indication of a contact person or party responsible for the day-to-day operation of the project; .0709 A description of the type and operation of any other uses (commercial and/or recreational) which are included in the facility; -4- a .0710 The formula, fraction or percentage, of the common expenses and any voting rights assigned to each vacation ownership resort unit and, where applicable, to each unit within the project which unit is not subject to the vacation ownership resort program; .0711 Any restrictions on the use, occupancy, alteration, or alienation of vacation ownership resort units; .0712 A parking demand study prepared by an independent traffic engineer licensed by the State of California, or such other study as approved by the City Traffic Engineer and provided to the City by the applicant at applicant's sole expense. .0713 A description of the method to be used consistent and in compliance with the provisions of Chapter 2.12 of this Code, to collect and transmit the transient occupancy tax to the City for those units within the project determined by the Planning Commission and/or City Council to be subject to such tax; .0714 Any other information or documentation the applicant, City staff, or Commission deems reasonably necessary to the consideration of the project, including any required environmental or fiscal impact report documents; and .0715 Applications for the conversion of any portion of an existing facility to a vacation ownership resort shall include the following information, as well as the other information required by this section: (1) A property report describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing, and structural elements prepared by a licensed engineer, an architect, or general engineering contractor; (2) A comprehensive list of all improvements, upgrading, and additional facilities proposed; and (3) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the -5- W Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other uniform building related codes as modified and adopted by the City. Approval shall be subject to receipt of such information and applicant's failure to submit such documentation may be grounds for disapproval. .080 Prior to issuance of a building permit, the legal property owner shall be required to provide the following: .0801 Copies of all relevant enabling documentation, including, but not limited to, articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements; .0802 Copies of all State Department of Real Estate applications and permits, including any public report issued; .090. Findings of Fact Necessary for Approval. In addition to the findings of fact otherwise required by any other provision of this Code, approval of any conditional use permit for a vacation ownership resort shall require the following finding: That there are adequate visitor -serving facilities in the City and that the project will not preclude or significantly reduce the development of other needed tourist facilities or hotel or motel facilities. .100. Vacation Ownership Resort Subject to Transient ccupancy, ax. Notwithstanding any other provision of the Anaheim Municipal Code, vacation ownership resort units may be subject to the payment of the transient occupancy tax as otherwise prescribed by Chapter 2.12 of this Code. Units occupied as traditional hotel/motel rentals shall have the tax levied on the rent paid. Units occupied on a vacation ownership resort basis shall either (i) have the tax levied on the basis of the equivalent rental rate which would be charged for that particular unit if it were to be rented as a traditional hotel/motel rental unit, or (ii) demonstrate alternative revenues identified in a fiscal impact report which shall be submitted with the required information for applications for Conditional Use Permit. The owner and manager of the vacation ownership resort shall jointly and severally be responsible to provide sufficient data to the City to justify the equivalent rental rate used in calculating the transient occupancy tax or to provide an annual monitoring of alternative revenue as may be required by the City. The manager of the facility (or if the facility has no manager, the on-site representative at the 24-hour desk) shall be deemed the 'operator' within the meaning of Chapter 2.12 of this Code for purposes of collection and remittance of the tax." SECTION 5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 6. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 27th day of February , 19 90. MA OR OF THE TY OF NA IM ATTEST: CI lngRk FTAE_ CITY OF ANAHET—M SJM:db:kh 021390 3432L -7- a CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5096 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 13th day of February, 1990, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 27th day of February, 1990, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Daly, Ehrle, Kaywood, Pickler and Hunter NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5096 on the 28th day of February, 1990. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 28th day of February, 1990. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 5096 and was published once in the Anaheim Bulletin on the 9th day of March, 1990. CITY CLERK OF THE CITY OF ANAHEIM