Chapter 17.112
GENERAL SITE DESIGN AND DEVELOPMENT STANDARDS*
Sections:
17.112.010 Minimum building site.
17.112.020 Frontage requirement.
17.112.030 Front of lot/setbacks and yards in unusual situations.
17.112.040 Design and improvements for lots.
17.112.050 Special street setback requirements.
17.112.060 Projections into required yards and setbacks.
17.112.070 Projections over easements and sidewalks.
17.112.080 Height limit modifications.
17.112.090 Small lot development standards.
17.112.100 Flag lot standards.
17.112.110 Requirements for residential condominium and townhouse dwelling projects.
17.112.130 Time-sharing uses prohibited.
17.112.140 Water efficient landscaping.
17.112.150 Fractional ownership hotel development and operation standards.
* Prior history: Prior code §§ 27.210—27.216, 27.218—27.224 and Ord. 00-5.
17.112.010 Minimum building site.
Each building site in each zoning district shall be planned and arranged so as to occupy only that portion of a lot not otherwise required as a yard, setback, easement, right-of-way, or other required open space; except that, where all other provisions of this title are met, a building site may be established in airspace when created through an approval of a condominium project. In determining the size of a lot, the following shall apply:
A. For the purpose of measuring and calculating lot size and area, the gross area of the lot (including any public or private easements contained within the lot lines) shall be used.
B. For the purpose of this title, any building or structure located so as to cross two or more lot lines of lots under the same ownership shall cause such lots to be treated as one lot unless such construction is authorized by the approval of a condominium project.
C. In any zoning district where no public sanitary sewer is accessible, no lot shall have any area less than that prescribed by Chapter 17.80 of this title. (Ord. 05-4 § 1 (part))
17.112.020 Frontage requirement.
Any lot of record existing prior to January 28, 1956, or thereafter legally created pursuant to the State Subdivision Map Act and the subdivision ordinance shall be considered a legal building site. Lots approved after April 11, 1994, shall front on a public or private street, except as otherwise provided in this title. (Ord. 05-4 § 1 (part))
17.112.030 Front of lot/setbacks and yards in unusual situations.
A. Normally, the front of a lot shall be the narrow dimension which abuts a public or private right-of-way opposite the rear of a lot. In unusual cases, however, where the location and relationship of the lot to abutting public or private right-of-way (i.e., double frontage, narrow dimension located on local street while wide dimension located on arterial or collector, flag lot, etc.) make it difficult to establish the front of the lot, the planning director shall make a determination as to the front of the lot. The planning director’s decision shall be reviewed and approved by the planning commission.
B. All required setbacks and yards shall be determined by their relationship to the front of a lot. However, in unusual cases (i.e., a rear lot line of one lot abuts a side lot line of an adjoining lot), the planning director shall have the authority to establish the location of the setback and yard standards in relation to any existing or proposed buildings or structures. (Ord. 05-4 § 1 (part))
17.112.040 Design and improvements for lots.
No lot shall be created, altered in size or shape or in any way reconfigured unless:
A. It is demonstrated that each resulting lot has legal access which meets the width and other design criteria set forth in the “City of St. Helena Standard Specifications for Public Improvements”; and
B. Sufficient land has been dedicated for public street rights-of-way and the street frontage has been improved with curb, gutter, sidewalk, street paving, drainage, street trees and other improvements, all of which meet the criteria set forth in the “City of St. Helena Standard Specifications for Public Improvements.”
In the case of an alteration or reconfiguration of existing lots which meet code requirements, the existing public street frontage shall not be reduced to less than the minimum required by the zoning ordinance. In the case of an alteration or reconfiguration of existing lots which are nonconforming with respect to required frontage or other required dimensions or area, each resulting lot shall not increase the degree of nonconformity. (Ord. 05-4 § 1 (part))
17.112.050 Special street setback requirements.
Building setback lines, establishing a special setback for the construction, establishment or maintenance of buildings, structures or improvements shall be as follows:
A. Front Yard or Setback on Pratt Avenue. A front yard or setback of thirty-six (36) feet shall be required on the northwesterly side of Pratt Avenue from the Southern Pacific Railroad tracks to the Napa River, and a front yard or setback of twenty-four (24) feet shall be required on the southeasterly side of Pratt Avenue from the Southern Pacific Railroad tracks to the Napa River.
B. Adams Avenue Setback. There is established a nine-foot setback on the northerly side of Adams Avenue between Main Street and Oak Avenue at such places along Adams Avenue where the street width is fifty (50) feet. No buildings or other structures shall be placed within the setback area between the property line along the street and the setback line.
C. Money Alley Setback. There is established a four-foot setback on the westerly side of Money Alley and a twenty-four (24) foot setback on the easterly side of Money Alley between Adams Avenue and Spring Street. Money Alley is the public alley located between Main Street and Oak Avenue and running approximately parallel thereto. No buildings or other structures shall be placed within the setback area between the property line and the setback line.
D. Pine Street Setback. There is established a five-foot setback on both sides of Pine Street between Main Street and Oak Avenue. No buildings or other structures shall be placed within the setback area between the property line and the setback line. (Ord. 05-4 § 1 (part))
17.112.060 Projections into required yards and setbacks.
Projections may be permitted into required yards and setbacks in accord with the following:
A. Architectural features (bay windows, eaves, fireplaces, chimneys, sills, etc.) less than fifteen (15) feet in length may extend into any required yard or setback for a distance of not more than two feet.
B. Open floor space areas (open decks, unenclosed porches, unenclosed balconies, fire escapes, landings, steps) may extend into any required front setback or side setback for a distance of not more than six feet. Open floor space areas not exceeding eighteen (18) inches in height may extend into the required yard for a distance of not more than one-half the width of the yard required by the zoning district requirements. These limitations shall not apply to patios, walks, or other similar types of surfaced areas when constructed at grade. Ramps, railings, lifts and other similar open floor space areas or facilities used for handicapped access shall be exempt from the regulations of this subsection when approved by the planning director.
C. Landscape features and structures such as ornamental gate archways having a height of not more than eight feet, planters, light standards, windbreaks, sun screens, outdoor fireplaces, ponds, ornamental fixtures, flagpoles, arbors, trellises/pergolas less than eight feet tall or covering less than sixty (60) square feet, trees, shrubs, and similar features shall not be subject to the provisions of this chapter except where such features are determined by either the city building inspector or planning director to be dividing instrumentalities, buildings or structures.
D. Fences, hedges, walks, landscaping (see Chapter 17.120), landings, steps and signs when constructed or installed in compliance with the provisions of this title are permitted in required yards or setbacks.
E. The height of patios, decks, walls, fences and other landscape structures shall be measured from natural grade. (Ord. 05-4 § 1 (part))
17.112.070 Projections over easements and sidewalks.
Projections may be permitted over public utility easements and sidewalks in accord with the following:
A. No building, structure or projection thereof may extend into or over a public utility easement except when specifically authorized by the public works director.
B. Awnings, canopies, and marquees with a minimum vertical clearance of eight feet and attached to a structure may be allowed to extend over a public sidewalk. Design review and a building permit shall be required to erect an awning, canopy or marquee. All awnings, canopies and marquees shall be maintained in good repair and shall be removed when noticeably worn. (Ord. 05-4 § 1 (part))
17.112.080 Height limit modifications.
The following general provisions shall apply to the modification of the height limitations of this title.
A. The height limitations specified in this title shall not be exceeded by more than five feet for the following types of buildings and structures:
1. Church spires, belfries, domes and flagpoles, television and radio receiving antennae, excluding “satellite antennas” as defined by Chapter 17.136;
2. Water tanks and towers, chimneys, aids to navigation;
3. Cupolas, or other roof structures for the housing of elevators, stairways, tanks, ventilating fans, air conditioning, or similar equipment used solely to operate and maintain a building.
B. With the approval of a use permit by the planning commission, the height limitations specified in this title for principal zoning districts may be exceeded for the following types of buildings and structures:
1. Smoke stacks and monuments;
2. Radio and television transmitting antennas pursuant to Section 17.136.020, excluding “satellite antennas” as defined by Section 17.136.010;
3. Electric power transmission and distribution lines, poles and towers;
4. Other buildings and structures which, in the opinion of the planning commission, are similar to the above types of buildings and structures. (Ord. 05-4 § 1 (part))
17.112.090 Small lot development standards.
The following standards shall be observed in small lot developments:
A. The minimum lot size shall be four thousand (4,000) square feet.
B. The minimum lot width shall be forty-two (42) feet except that the lot width may be reduced to not less than thirty-five (35) feet for attached zero lot line dwellings. A lot width greater than the minimum may be required when the lot fronts on an arterial or collector as designated in the circulation element of the general plan.
C. Not less than eighteen (18) feet of continuous full height curb shall be provided along the public street in front of each lot, with the length established by an extension of the side lot lines to the curb. This provision is intended to provide additional parking between driveways. A curb length greater than the minimum may be required when the lot fronts on an arterial or collector as designated in the circulation element of the general plan.
D. A front and side setback of fifteen (15) feet shall be observed for one story and twenty (20) feet for two or more stories (see Chapter 17.120 of this title for driveway standards: generally twenty-four (24) feet in length) except for the interior, common lot line of an attached zero lot line dwelling.
E. Side yards shall have a minimum width of five feet, except for a zero lot line dwelling which may be located immediately adjacent to the side property line; provided, however, that a minimum separation of ten (10) feet (at all points) be maintained between dwellings.
F. On a lot with a zero lot line dwelling, any side yard opposite any zero side yard shall have a minimum width of ten (10) feet. To insure light and air and to improve its overall design and appearance, the height of the wall, parapet wall or roof eaves on the side property line shall not exceed eighteen (18) feet at any point; above this point, the building shall not encroach into a 1:1 building plane starting eighteen (18) feet above the zero side yard.
G. Conditions, covenants and restrictions (CC&R’s) permitting access for inspection, maintenance or repair to any zero lot line wall and insuring that the side yard opposite a zero side yard remain essentially open (e.g., prohibiting parking, storage, accessory buildings, etc.) which meet the following requirements shall be required:
1. The CC&R’s must address any side yard ten (10) feet the required distance between any zero lot line wall located on the common side lot line of one lot and any nonzero lot line side of a dwelling located on an adjoining lot required opposite of any zero side yard. The CC&R’s shall indicate that the city shall not be responsible for the enforcement of the CC&R’s including any such provisions required by this code or other city requirement arising from the review and approval of a project containing zero lot line dwellings. In addition, the CC&R’s for each zero lot line lot or any other lots affected by the provisions and/or requirement for zero lot line development shall be recorded so as to disclose their contents and provisions to any subsequent purchaser of a zero lot line lot.
2. Buildings shall be prohibited within the ten (10) foot side area, and only minor structures (limited to items such as trellises, patio coverings, swimming pools and children’s play equipment) shall be permitted in that portion of the required ten (10) foot side yard outside of the required access easement area described below.
3. An access and maintenance easement with a minimum width of five feet for that portion of the side yard which adjoins the common lot line shall be required and shown on the tentative and final subdivision map. This easement shall provide for maintenance access to the zero lot line wall on the adjoining lot and shall be maintained open and free of structures. Parking and storage shall be prohibited within this easement area. Landscaping which interferes with access for maintenance or constitutes a fire hazard shall also be prohibited.
4. The required five-foot access easement shall serve as a substitute property line or benchmark for the administration of the Uniform Building Code for such matters as roof drainage and eave overhangs, which shall be specifically addressed in the CC&R’s and reflected in the design of zero lot line units.
a. Roof drainage from a zero lot line dwelling shall be collected, carried in pipes and deposited on the lot on which the dwelling is located or directly to the street.
b. The eave of a zero lot line dwelling including any gutter or similar roof drainage conveyance may overhang the access easement area for a distance of not more than one-third of the width of the access easement.
5. Fences designed and constructed to meet all applicable codes may connect zero lot line dwellings and enclose yards and setback areas.
6. All applicable Uniform Building Code requirements shall be observed including fire walls and fire-resistant roof construction in the common wall of attached zero lot line dwellings.
H. On-site parking shall be provided in accord with the parking and loading requirements contained in Chapter 17.124 of this title.
I. Except as provided above, all other regulations of the underlying district and this title shall apply to small lot developments.
J. A fence or hedge of up to six feet in height which meets the requirements for visibility at driveways or intersections may be located within ten (10) feet of the property line in the required front or side setback with design review approval. Such approval may be sought at the initial time of approval of a small lot development or by individual homeowners after the establishment of a small lot development if such fences or hedges were not installed in conjunction with the initial establishment of a small lot development. (Ord. 05-4 § 1 (part))
17.112.100 Flag lot standards.
Many residential properties with the potential for additional dwelling units are difficult to develop under conventional zoning standards. The purpose of this section is to provide standards for the review and approval of flag lots for residential use in the city as an alternative when conventional zoning standards prevent the effective utilization of the property. The following standards shall be observed in conjunction with the creation and development of flag lots:
A. Flag lots shall only be allowed if specifically permitted within the zoning district in which a property is located. Review of flag lots will be subject to use permit approval as well as the provisions of the St. Helena subdivision ordinance.
B. The density and development standards of the zoning district in which a property is located shall apply to a flag lot development with the following exceptions:
1. The narrow strip of land (or panhandle portion of the lot) connecting the lot with a public or private street shall have a minimum width and frontage of twenty (20) feet (sixteen (16) foot access drive plus four feet for landscaping). The minimum width and requirement may be increased in higher density situations that permit multiple units to be constructed on a flag lot, or where an additional landscape buffer may be necessary to increase the privacy of adjoining parcels.
2. A panhandle may provide access to two lots.
3. The panhandle portion of the lot connecting with a public or private street shall be included when calculating residential densities but shall be excluded when determining the compliance with minimum lot width and lot size standards.
4. The location of the required setbacks and yards shall be determined by the planning commission which shall be guided by the relationship of the lot to surrounding lots, buildings and structures. The panhandle portion of the lot shall be excluded when determining the required setbacks and yards. Location of setbacks and yards shall be recorded with the final map.
5. A grading and drainage plan shall be reviewed by the planning commission to determine the impacts of the flag lot on adjacent properties. Finished building pad elevations shall not be significantly different from those of adjoining properties.
6. New development on the flag lot shall be subject to design review by the planning commission who shall look at the relationship of the construction to surrounding lots, buildings and structures. Building height and window locations may be modified to compensate for loss of privacy to adjoining properties.
7. The planning commission may waive the minimum yard requirements of existing units after review of the location of the proposed panhandle, the width of the landscape area and the location of buildings in the vicinity.
C. The standards for residential driveways or access drives as set forth in Section 17.124.070 of this title shall be observed in the provision of access to a flag lot. The access drive to the flag lot shall be inspected annually by the fire marshal to ensure that landscaping or other obstructions do not hinder emergency vehicle access.
D. The provision of gates, turnarounds, clearance, road grades, and distance to fire hydrants shall be reviewed and approved by the fire chief. The site address of each flag lot shall be placed on a sign in the panhandle of the lot so as to be clearly visible to police, fire and other emergency services personnel from the public or private street.
E. On-site parking shall be provided pursuant to Section 17.124.030 of this title. Additional on-site parking spaces for guests may be required, if the on-street parking provided in the area of the proposed flag lot is inadequate.
F. Landscaping in the panhandle portion of a flag lot alongside the driveway shall be required. Improvements such as curb and gutter may also be required by the public works director for an access drive in the panhandle portion of a flag lot depending upon such factors as the number of homes served, drainage characteristics, terrain, and soil conditions.
G. Fences which meet the standards of Section 17.120.010 of this title may be placed in the panhandle portion of the lot connecting the lot with a public or private street; provided, that the fence height shall not exceed three and one-half feet in that portion of the panhandle within the front or side setback established for a lot with normal width and frontage.
H. Easements across adjoining property may not be used to provide the panhandle portion of the lot, unless the lots were lots of record existing prior to January 28, 1956, or legally created pursuant to the State Subdivision Map Act and the subdivision ordinance of the city prior to April 11, 1994.
I. In approving a use permit for a flag lot, the planning commission must make the following findings:
1. The creation of a flag lot is consistent with neighborhood character and density.
2. Development upon the flag lot will not result in a significant loss of privacy for adjoining residential units.
3. Development on the flag lot will not result in excessive noise, traffic and parking congestion. (Ord. 05-4 § 1 (part))
17.112.110 Requirements for residential condominium and townhouse dwelling projects.
The following requirements shall be observed for residential condominium and townhouse dwelling projects:
A. A homeowner’s association or other similar property owner’s organization shall be established to maintain all open space and other improvements which are in common ownership.
B. All commonly owned open space areas shall be landscaped in accord with the landscaping plan subject to design review approval. The landscaping shall generally be planned and developed in accord with the “City of St. Helena Standards for Landscaping,” adopted by resolution.
C. On-site parking shall be provided in accord with the parking and loading requirements contained in Chapter 17.124 of this title.
D. Each unit shall have its own gas and electric meter. Access to meters and heaters shall not require entry through another unit. A water shutoff valve shall be provided for each unit or for each plumbing fixture. Individual exposed antennas shall not be permitted.
E. There shall be provided a minimum covered storage area of sixty (60) cubic feet (minimum height of six feet eight inches and a depth or width of not less than two feet) for each dwelling unit with two or fewer bedrooms for storage of bicycles, patio furniture, garden tools, etc. An additional twenty (20) cubic feet of storage with the same minimum dimensions shall be provided for each bedroom in excess of two.
F. Each unit shall have a laundry area for washer and dryer.
G. All boats and travel trailers shall be stored only within areas specifically designated for such storage on the approved plans.
H. Project identification signs shall comply with adopted sign regulations.
I. The project shall contain a directory sign indicating the location and house number of units which do not front on public streets.
J. There shall be no single building containing more than one residential unit with a length greater than one hundred fifty (150) feet unless approval as a part of design review finds that the design of the building mitigates any adverse effect of such length.
K. All utilities shall be installed underground. (Ord. 05-4 § 1 (part))
17.112.130 Time-sharing uses prohibited.
The creation of a time-share project as a means of ownership of any single-family, two-family or multiple-family dwelling or any apartment house shall be prohibited within the city.
A. Findings and Purpose.
1. There is a critical shortage of affordable housing in the city for long-term occupancies (more than six months annually), and the availability of additional residential dwelling units is substantially restricted by the growth management system.
2. The conversion of residential dwelling units within the city to time-sharing projects eliminates residential dwelling units otherwise available for long-term occupancies (more than six months annually) in the city.
3. Time-sharing projects have the same character as commercial hotels, motels and other transient occupancy uses due to their transient nature and to the multiple short-term (less than six months annually) occupancies by those participating in time-sharing projects.
4. Such commercial or quasi-commercial like use is inappropriate in residential areas due to the increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods.
5. The city council finds and determines that this section is necessary to protect the public health, safety and welfare of the citizens of the city.
B. Definitions.
“Offering” means any offer to sell, solicitation, inducement or advertisement, whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval of a residence within the city.
“Time-share estate” means an ownership or leasehold estate in property devoted to a time-share fee (tenants in common, time span ownership, interval ownership) or a time-share lease.
“Time-share interval” means a time-share estate or a time-share use.
“Time-share program” means any arrangement for time-share intervals in a time-sharing project whereby the use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, but not necessarily for consecutive years.
“Time-share use” means any contractual right of exclusive occupancy which does not fall within the definition of a time-share estate, including, without limitation, a vacation license, prepaid hotel reservation, club membership, limited partnership or vacation bond.
“Time-sharing project” means any real property that is subject to a time-share program.
C. Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 10-4 § 3 (Exh. B): Ord. 05-4 § 1 (part))
17.112.140 Water efficient landscaping.
A. Purpose. The purpose of this section is to establish minimum standards for the provision, installation and maintenance of landscape areas by the following means:
1. Water conservation through xeriscape principles: promote the conservation of potable and nonpotable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site-specific plant materials, and establishing techniques for the installation and maintenance of landscape materials and irrigation systems.
2. Aesthetics: improve the appearance of all areas through the incorporation of open space into development in ways that harmonize and enhance the natural and built environment.
3. Environmental quality: improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment, including:
a. Improving air and water quality through such natural processes as photosynthesis and mineral uptake;
b. Maintaining permeable land areas essential to surface water management and aquifer recharge;
c. Reducing and reversing air, noise, heat and chemical pollution through the biological filtering capabilities of trees and other vegetation;
d. Promoting energy conservation through the creation of shade, reducing heat gain in or on buildings or paved areas;
e. Reducing the temperature of the microclimate through the process of evapotranspiration;
f. Encouraging the conservation of limited fresh resources through the use of site-specific plants and various planting and maintenance techniques.
4. Land values: maintain and increase the value of land by requiring landscaping to be incorporated into development, thus becoming by itself a valuable capital asset.
5. Human values: provide direct and important physical and psychological benefits to human beings through the use of landscaping to reduce heat and glare, and to break up the monotony and soften the harsher aspects of urban development.
6. Preservation of vegetation: preserve existing natural vegetation and the incorporation of native plants, plant communities, and ecosystems into landscape design, where possible.
7. Improved design: promote innovative and cost-conscious approaches to the design, installation and maintenance of landscaping, encouraging water and energy conservation.
8. Improved administration and enforcement: establish procedures and standards for the administration and enforcement of this section.
B. Xeriscape Principles. It is the intent of this section to assist the city in achieving water conservation through proper plant selection, installation, and maintenance practices. The following xeriscape principles service as the primary means of achieving water conservation:
1. Design of the landscape by dividing it into high-, moderate- and low-water use zones and by taking advantage of microclimates caused by the different conditions of sun, slope, moisture and air movement (hydrozones);
2. Efficient irrigation systems;
3. The use of soil amendments to improve the water-holding capacity of the soil;
4. Limiting turf to locations where it provides functional benefits;
5. The use of mulches, where appropriate;
6. Selection of appropriate plants;
7. Maintaining the landscape appropriately (monitor the irrigation system and water according to needs).
C. Applicability of Section. The requirements of this section shall apply to all new and replacement landscaping for public agency projects, new and replacement landscaping in nonresidential and multifamily residential projects, and new landscaping on single-family lots within subdivisions when the final map is recorded after January 1, 1993. Replacement landscaping on single-family lots which existed prior to January 1, 1993, shall not be required to comply with the requirements of this section but are encouraged to comply on a voluntary basis.
D. Landscape Documentation Package. For any project subject to this section, a landscape documentation package shall be submitted to, reviewed by, and approved by the planning department prior to the issuance of any building permit or the replacement of landscaping. The landscape documentation package shall include the following information:
1. Water conservation concept statement;
2. Required calculations;
3. Landscape design plan;
4. Irrigation design plan;
5. Irrigation schedules;
6. Grading design plan;
7. Soil analysis;
8. Certificate of substantial completion;
9. Landscape irrigation audit schedules.
E. Amendment of Approved Plan. Any significant change of plant material or design from that contained in an approved landscaping plan shall require the approval of a revised landscaping plan reviewed in the same manner as the original plan.
F. Regulations and Procedures. The city council is authorized and directed to adopt by resolution regulations and procedures for the implementation of this section and a schedule of fees. (Ord. 05-4 § 1 (part))
17.112.150 Fractional ownership hotel development and operation standards.
A. Findings and Purpose. The purpose of this section is to establish the standards, regulations and circumstances under which fractional ownership of hotels may be established. Due to the mixed method of operation, hybrid ownership, the potential generation of large numbers of people and vehicles, and the potential impact on tourism-related facilities in the city, special development criteria are warranted.
B. Definitions.
“Fractional ownership hotel” means a hotel of forty (40) rooms or more in which seventy-five percent (75%) of the rooms of the hotel may be made available to individuals as “time-share estates,” which is defined as a time-share interest, which is the right to occupy a time-share property, coupled with a freehold estate or an estate for years with a future interest in a time-share property or a specified portion thereof, pursuant to Section 11212(x)1 of the California Business and Professions Code, and subject to obtaining permission required to do so obtained from the California Department of Real Estate.
“Fractional ownership interval” means the period or length of time of occupancy of a fractional unit.
“Fractional ownership unit” mean each portion of the real property or real property improvement in a hotel that is divided into fractional intervals.
“Fractional ownership use” means a license or contractual or membership right of occupancy in a fractional hotel.
C. Permitted Projects and Zoning Districts. A fractional ownership hotel shall be conditionally permitted in the service commercial (SC) zoning district, Highway 29 specific plan district, and only if and when a conditional use permit has been obtained from the planning commission.
D. Application Process. Approval of a conditional use permit in accordance with the provision of Chapter 17.52, Service Commercial (SC) District, is required. In addition to the application requirements contained in Chapter 17.52, an application for a fractional ownership hotel shall be accompanied by the following document which shall be subject to the approval of the planning director:
1. Sales Plan. A sales plan shall address the times, areas and methods that will be used to sell the fractional ownership hotel. Factors to be defined in the plan shall include but not be limited to the location, length, and marketing methods that will be used; distinguishing on-site and off-site marketing and signage; and an estimate of the potential numbers of individuals and automobiles expected during various stages of the sales effort. The plan also shall describe measures that will be implemented to reduce traffic during peak hours.
2. Management Plan. A management plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of a fractional ownership hotel.
3. Contingency Plan. A contingency plan shall address the actions to be taken by the applicant if the fractional ownership facility is an economic failure or fails to sell seventy-five percent (75%) of the fractional units or uses within two years of receiving a permit to occupy the first unit. The contingency plan may be waived if the applicant agrees to and/or bonds for the completion of the hotel whether or not the fractional units are sold.
4. Application Requirements. In addition to any application requirements established by this section and any other applicable requirements of this code, the following information shall be submitted as part of any application to develop or establish a fractional ownership hotel:
a. Typical floor plans for each fractional ownership unit.
b. The phasing of the construction of the fractional ownership use.
c. The type of fractional ownership method to be used (e.g., fee simple, leasehold, tenancy-in-common, license, membership) and how such use may be created.
d. The identification of fractional ownership intervals and the number of intervals per unit.
e. Identification of which units are in the fractional ownership program, the use of the units not included in the program, and the method whereby other units may be added, deleted or substituted.
f. A description of any ancillary uses which are proposed in conjunction with the fractional ownership hotel.
g. A description of the availability of the fractional ownership hotel and ancillary facilities to the general public.
h. A description of the method of management of the hotel and indication of a contact person or party responsible for the day-to-day operation of the hotel.
i. The formula, fraction or percentage of the common expenses and the voting rights assigned to each fractional unit and, where applicable, to each unit within the hotel which unit is not subject to the fractional ownership program.
j. Any restrictions on the use, occupancy, alteration, or alienation of fractional units.
k. Copies of enabling documentation, including, but not limited to, articles of incorporation, bylaws, declaration of covenants, conditions, and restrictions, and membership of license agreements.
l. Copies of all State Department of Real Estate applications and permits, including any public report issued.
m. A description of the method to be used in collecting and transmitting the transient occupancy tax to the city.
n. Any other information or documentation the applicant, city staff or commission deems reasonably necessary to the consideration of the hotel, including any required environmental documents.
E. Development Agreement. The city and the operator of any fractional ownership hotel shall enter into a development agreement under the provisions of Chapter 17.156, relating to the method of calculating and the amount of tax payable to the city by any fractional owner for the right of occupancy of any fractional unit. In addition, the development agreement shall reference appropriate development standards listed below, such as occupancy restrictions and rental requirements.
1. Units occupied as traditional hotel/motel rentals shall have a transient occupancy tax (TOT) levied on the rent paid. Units occupied on a fractional basis shall also be subject to the TOT in accordance with Section 3.28.010 as follows:
“Transient” means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty (30) days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy.
2. Fractional owners shall not be permitted to occupy the hotel unit for periods of time greater than thirty (30) days. The fractional units shall have a tax levied on the basis of the equivalent rent which would be charged for that particular unit if it were to be rented as a traditional hotel/motel rental unit. The management of the fractional ownership hotel shall provide sufficient data to the city to justify the equivalent rental rate used in calculating the transient occupancy tax or other similar and equal agreed upon payment.
F. Development Standards and Operational Requirements. Notwithstanding any other provision of this chapter, the following conditions must be met by any fractional ownership hotel in any conditionally permitted zone. Additional requirements may be attached to a conditional use permit or development agreement if found to be necessary to assure that the hotel meets the intent of this chapter:
1. Density. Fractional ownership facilities developed in commercial zones shall not exceed the density permitted in such zone for general commercial projects.
2. Development Standards. The fractional ownership hotel shall comply with all development standards for the zone in which it is located.
3. Maintenance. All maintenance agreements and conditions, covenants and restrictions must be approved by the city.
4. Management. The management of a fractional ownership hotel shall be in accordance with the requirements established by the State Department of Real Estate for fractional uses.
5. Rental. An on-site rental agency to manage rental of units shall be provided. A designated number of units shall be made available for rent to the general public and will not be offered for fractional use or all units shall be available for rent to the general public for a designated number of weeks each year.
6. Occupancy. Twenty-five percent (25%) of the units shall be made available for the general public at all times. All units of the hotel shall be available to paying guests whenever owners of fractional units have not reserved time for their units to ensure that a vacant fractional unit will always be available for paying guests.
7. Parking. Parking shall be provided at a ratio of one space per unit.
8. Required Amenities. Fractional facilities shall be developed with substantial recreational amenities or in close proximity to recreational amenities. Such amenities include, but are not limited to, tennis courts and swimming pools.
9. Signs. A sign program shall be included for all signs and be approved by the planning commission.
10. Modification or Waiver of Standards. The planning commission may modify or waive one or more of the regulations contained in this section if it determines that strict compliance is not necessary to achieve the purpose and intent of this section.
G. Conversions to Fractional Uses Prohibited. The conversion of existing hotels to fractional use shall be prohibited.
H. Severability. If any section, subsection, sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 10-4 § 2 (Exh. A))