Chapter 39- Time-Share Projects
39.010 Designations in which permitted.
39.020 Application for time-share project approval.
39.030 Time-share Conditional Use Permit.
39.040 Transient occupancy tax applicable.
39.010 Designations in which permitted.
A time-share project shall be permissible, subject to a use permit, only in such land use designations in which commercial transient rental operations would otherwise be permitted. The land use designations in which time-share projects are permissible are the MFR-H and commercial districts. Time-share projects shall also be permitted in the SP district only if such project is shown or described as a time-share on the original approved specific plan.
39.020 Application for time-share project approval.
The applicant for approval of a proposed time-share project shall submit a completed application for a use permit, in addition to any other applications or forms that may be necessary in the particular case. The applicant shall accompany such application with the following documentation and information:
- Identification by name of the time-sharing project and street address where the time-share project is situated, including the legal description;
- Any restrictions on the use, occupancy, alteration or alienation of time-share estates or uses, contained in conditions, covenants and restrictions (CC&Rs) or elsewhere; and
- Any other matters the time-share developer or the County deems reasonably necessary to consider the project, including the required environmental documents.
39.030 Time-share Conditional Use Permit.
In addition to the use permit requirements set forth in Chapter 32, the following shall apply:
- In the event an existing condominium project is proposed to be converted to a whole or partial time-share project, evidence must be submitted showing that at least 66-2/3% of the current condominium owners consent to the proposed conversion. Also in such instances, 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) or by receipted certified US mail, that application to so convert the project would be submitted to the Commission.
- The Commission may impose such conditions as it determines are necessary to protect the public safety, health, peace and welfare. Each conditional use permit shall be issued with a condition attached that no time-share rights or entitlements shall be 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:
- The impact of the time-sharing project on transient or permanent rental stock;
- The fiscal impact of the time-sharing project upon the entire range of all services provided to the public upon the County, and reasonable conditions to be imposed by the Commission to mitigate same, including but not limited to the payment of mitigation fees;
- The fiscal impact of the time-sharing project upon the various departments of County government in respect to staff time, paperwork and related costs created by the time-sharing project, said County departments to include, but not limited to Assessor, Auditor/Controller, Board of Supervisors, Building, Clerk/Recorder, Planning, Public Works, and Treasurer/Tax Collector. There shall be adopted by the Board of Supervisors by resolution on an annual basis the fee schedule to cover the actual costs to the County in respect to said time-sharing projects;
- Nonconformity to current land development regulations and this General Plan, and reasonable conditions to eliminate same;
- Nonconformity to existing uniform building and fire codes and reasonable conditions to eliminate same;
- The sign program proposed for the project;
- The landscaping proposed for the project;
- Traffic circulation and parking;
- 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 time-share project;
- The desirability of requiring an office of the managing agent or agency be located locally or on site, as appropriate;
- Consistency with the design standards duly adopted by any design review district under the authority of Chapter 9;
- With respect to time-share projects involving time-share estates, the time-share developer shall designate an agent to accept service on behalf of all time-share owners of legal notices and secured real property tax bills; and
- Any other factors deemed relevant and any other information that the Commission or the applicant considers necessary or desirable to an appropriate and proper consideration of the application.
39.040 Transient occupancy tax applicable.
All time-share projects shall be subject to the provisions of the transient occupancy tax as set forth in Chapter 3.28 of the Mono County Code.
