Ventura Municipal Code Ch. 24.440 Timeshare Resort Facility Regulations

The following shall constitute the minimum development standards for timeshare facilities and the conversion of existing buildings or uses to timeshare use. Additional standards may be imposed as conditions to a use permit or planned development permit as found by the decision-making authority to be necessary to assure that the development meets the intent of this chapter.

1. Setback, Height, Lot Coverage. The minimum required setbacks and minimum height and lot coverage shall be those established for the zone designation in which such facility is located. Additional setbacks, height, and lot coverage requirements may be required as conditions of a use permit or planned development permit to insure that such facility is adequately buffered from surrounding uses.

2. Required Facilities. Facilities, amenities and design features usually associated with hotels (e.g., lobby, check in area, registration desk, service closets, laundry facilities, etc.) may be required as a condition of approval of a use permit or planned development permit to insure that the timeshare facility will adequately function as lodging services. (Code 1971, § 15.640.040)

Public notice shall be given for all use permits or planned development permits associated with timeshare facilities pursuant to the provisions of chapter 24.560. In addition, for apartments or residential condominiums proposed to be converted to timeshare facilities, written notice shall be mailed to all tenants residing in the project proposed to be converted not less than ten days prior to the hearing. Such notice shall specify the following:

1. The date, time, place and purpose of the hearing;

2. That should the permit be approved, tenants may be required to vacate the premises;

3. That should the permit be approved, the property owner shall be required to give all tenants a minimum of 180 days notice to vacate; and that, such notice shall not restrict the exercise of lawful remedies pertaining to, but not limited to, tenant’s default in the payment of rent or defacing or destruction of all or part of the rented premises. (Code 1971, § 15.640.080)

Chapter 24.440 establishes the timeshare resort facility regulations in order to establish criteria by which timeshare facilities can adequately function as lodging services. (Code 1971, § 15.640.010)

Occupancy of the same timeshare unit by any person shall be limited to 30 consecutive days or one calendar month, whichever is less. In no instance shall any person occupy one or more timeshare units in any timeshare facility for more than 90 days per calendar year. Units which do not meet this criteria shall be considered to be residential dwelling units and shall be subject to all applicable provisions of the comprehensive plan and this zoning ordinance for residential uses. (Code 1971, § 15.640.020)

A. Commercial Zones. Timeshare facilities and conversions to timeshare use may be permitted only in commercial zones and shall require the approval of a use permit or planned development permit in the same manner required for other uses classified in the Lodging Services: Hotels and Motels use type in the zoning district in which the project is located. Conversion of time-share units to residential condominium use shall be prohibited.

B. Other Uses. Timeshare facilities may include other uses, either as other principal uses or incidental uses to the timeshare facility, so long as each such specific use is permitted by the zone regulations for the zone within which the time-share facility is located. Such other uses shall meet all city ordinances and requirements. (Code 1971, § 15.640.030)

Any use permit or planned development permit approving a proposed timeshare facility or a time-share conversion may require the project to provide units which will not be sold but which will function instead as hotel rental units available to the general public. No timeshare facility shall be approved unless it is found that the project, as proposed, would not preclude the possibility of the development of other needed types of visitor-serving facilities in the city as a whole or in a particular area of the city. No timeshare facility shall be approved unless adequate visitor-serving motel or hotel facilities are found to be available in the same comprehensive plan community as the project. (Code 1971, § 15.640.050)

Conversion of any type of existing units or facilities to timeshare facility use shall require the approval of a use permit or planned development permit as required for Lodging Services: Hotel or Motel use type in the zoning district in which such project is located. In addition:

1. All such proposed conversions to time-share facility use shall be evaluated in terms of the physical suitability of the units or facilities for timeshare facility use. Items to be considered shall include, but not be limited to:

a. General maintenance and upkeep of the structures;

b. General physical condition of the facility;

c. Age of the structures;

d. Suitability of the units for the type of occupancy proposed;

e. Availability of kitchen facilities;

f. The age, condition, and general repair of any recreational facilities; and

g. Conformance with appropriate building, safety or fire standards.

2. Improvements to the project site or any buildings or structures thereon to mitigate any identified deficiencies may be required as a condition of approval of any use permit or planned development permit for such conversion.

3. Conversion to timeshare facility use shall also be evaluated to insure that the conversion does not create, or add to, a shortage of the particular type of facility or unit proposed to be converted in the city as a whole or in any particular area of the city. (Code 1971, § 15.640.060)

A. In addition to any information requirements established for use permit or planned development permit applications, the following information shall also be submitted as part of any application to develop or institute a timeshare facility:

1. Site plan, showing the location of all buildings, parking areas, circulation systems, landscaped areas, vehicular entrances, pedestrian entrances, recreation areas, and any ancillary uses.

2. Elevation plans in sufficient detail to indicate the type of materials to be used.

3. Typical floor plans of each timeshare unit.

4. Proposed phasing of construction of the timeshare use.

5. Description of the type of timeshare method to be used (fee simple, leasehold, etc.).

6. Identification of timeshare intervals and the number of intervals per unit.

7. Identification of which units are in the timeshare program and the use of the units not included in the program.

8. Description of amenities and any incidental uses that are proposed in conjunction with the timeshare facility.

9. Description of the availability of the time-share project, including ancillary uses, to the general public.

10. Description of the method of management of the project and indication of a contact person or party responsible for the day-to-day operation of the project.

11. Description of the type and operation of any other uses (residential, commercial, recreational) that are to be carried out in conjunction with the timeshare facility.

12. Description of the methods to be used to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance.

13. Description of the method to be used in collecting and transmitting the transient occupancy tax to the city.

B. In addition to the above information, application for conversion of an existing facility or any portion thereof to a timeshare facility must include the information required by section 24.425.050 for residential condominium conversion projects. (Code 1971, § 15.640.070)

A. In addition to the findings required for approval of a use permit pursuant to chapter 24.520 or the findings required for a planned development permit pursuant to chapter 24.525, as applicable, and in addition to the findings required by section 24.440.050, the following findings shall be necessary for approval of a permit for a timeshare facility:

1. That, if such project is located within the coastal zone, the proposal is in conformance with the local coastal program of the comprehensive plan.

2. That the project will not preclude the development of other needed tourist facilities, hotels or motel facilities in the city as a whole, or in a particular area of the city.

B. For apartments or residential condominiums proposed to be converted, all findings specified in section 24.425.070 for residential condominium conversion projects shall be required. (Code 1971, § 15.640.090)