MONTEREY COUNTY ZONING

MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.64 – SPECIAL REGULATIONS

20.64.110 REGULATIONS FOR TIMESHARE USES.

A. Purpose: The purpose of the Section is to establish the standards, regulations and circumstances under which timesharing residential uses may be established. Further, the regulation of the Section are intended to provide for the protection of existing residential uses and neighborhoods through mandatory findings for approval and public hearing processes.

B. Applicability: A timeshare project shall be permissible only in such zones and at the locations therein where a hotel, motel or similar visitor accommodation use would be permitted. No timeshare project shall be allowed in any case wherein covenants, conditions and restrictions expressly prohibit timeshare or other transient uses.

C. A Coastal Development Permit shall be required in accordance with Chapter 20.70 for any timeshare project.

D. TRANSIENT OCCUPANCY TAX APPLICABLE.

All timeshare projects shall be subject to the provisions of Chapter 5.40 of the Monterey County Code (Uniform Transient Occupancy Tax Ordinance of the County of Monterey).

E. APPLICATION FOR TIMESHARE PROJECT APPROVAL.

An applicant for approval of a proposed timeshare project shall submit a completed application on a form as prescribed by the Director of Planning and Building Inspection, in addition to any other application, information or forms that may be necessary in the particular case as determined by the Director of Planning and Building Inspection. The application shall include:

1. Identification by name of the timesharing project and street address where the timesharing project is situated, including legal description;

2. Identification of the time periods, types of units, and number of units that are in the timeshare project. In order to facilitate orderly planned timeshare projects, the total number of timeshare units anticipated for the project shall be stated and approved although the project may be built, converted or maintained for timeshare purposes in phases convenient to the applicant;

3. A map drawn at the appropriate scale (1"=100' or as otherwise approved by the Director of Planning and Building Inspection), showing the site in relation to surrounding property, existing roads and other existing improvements (in all cases, an engineers scale shall be used);

4. A site plan for the entire anticipated project (whether or not built, converted or maintained in phases) showing proposed improvements, location of structures, vehicular ingress, and egress, landscaping, and floor plans;

F. GENERAL CONDITIONS AND FINDINGS.

The Planning Commission may approve or deny an application for a Coastal Development Permit for a timeshare project. The Commission may impose such conditions as it determines necessary to protect the public safety, health, peace and welfare. If a Coastal Development Permit is granted, the Coastal Development Permit shall be granted with a condition attached that no timeshare 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 timeshare 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 Coastal Development Permit, the Commission, among other things, shall consider:

1. The impact of the timesharing project on transient or permanent rental stock;

2. The impact of timesharing on present and future County services;

3. Conformity with current zoning regulations and the General Plan;

4. Conformity with existing uniform building and fire codes;

5. The sign program proposed for the project;

6. The landscaping proposed for the project;

7. Traffic circulation and parking for residents, guests, prospective purchasers and sales program personnel;

8. 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 maintenance of the timeshare project.

9. The desirability of requiring an office of the managing agent or agency be located locally or on-site, as appropriate.

10. The nature and feasibility of alternative uses in case the sales program for timeshares fails.

11. 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.

G. SPECIFIC CONDITIONS AND FINDINGS.

In addition to other considerations of a Coastal Development Permit for a timeshare project, the following shall apply:

1. Condominium Conversions. In the event an existing condominium project is proposed to be converted to a whole or partial timeshare 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 timeshare basis shall be submitted. Also in such instance, there shall be submitted to the Commission on a date and time certain for hearing, a verified statement of the number and percentage of owners who have received notification, either personally (proof by signature of the recipient or witness) or by receipted certified U.S. Mail, of the application to so convert the project. 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 therewith) have received notification, either personally or by receipted certified U.S. Mail.

2. Hotel and Motel Conversions. In the event an existing hotel, motel, inn, or bed and breakfast facility is proposed to be converted in whole or in part to a timeshare project, the Planning Commission shall consider, in addition to the considerations in section 20.64.110(F), the following:

(a) the impact of the conversion on employment opportunities in the planning area of the project;

(b) the impact of the project on the visitor serving economy of the planning area;

(d) the impact of the project on the stock of hotel and other visitor accommodations for low and moderate income persons;

(e) the impact of the project on the stock of hotel and other visitor accommodations for stays of less than one week within the planning area.

H. APPROVAL OF THE TIMESHARE PROJECTS.

No timeshare project shall be approved by the County unless the following findings can be made:

1. That the project is compatible with adjacent land uses and is adequately buffered by open space and/or landscaping from any less intense use.

2. That the development plan is consistent with all goals and policies of the Local Coastal Program.

3. That adequate access for high density dwellings is available or attainable through the conditions of the development.

4. That all structures, existing or proposed, meet presently established minimum structural, health, safety and fire standards.

5. That the project does not significantly adversely impact:

(a) water use;

(b) sewer use;

(d) traffic;

(e) police protection and other county services;

(f) fire protection;

(g) employment opportunities in the planning area;

(h) the visitor serving economy of the planning area;

(i) the stock of hotel and other visitor serving accommodations including, but not limited to, that which serves low and moderate income persons;

(j) the stock of hotel and other visitor accommodations for stays of less than one week within the planning area.

6. That the project will not have a significant adverse impact on the health, safety, and welfare of the general public.

I. EXCEPTIONS.

This Chapter shall not affect timeshare projects for which approved permits from the State Department of Real Estate have been issued prior to January 1, 1984, or projects in which units have been lawfully sold or offered for sale to the public prior to January 1, 1984, if said projects were in compliance with the zoning laws then in force.