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.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 ownership resort unit (including different units within the same facility) in a vacation ownership resort facility by a person or entity shall be limited to no 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 Zoning. Vacation ownership resorts and conversions to vacation ownership resorts shall be permitted in the Anaheim Resort Specific Plan Zone, excluding property encompassed by the Mobile Home Park (MHP) Overlay as identified on Exhibit 3.3.3, (Mobile Home Park (MHP) Overlay) of the Anaheim Resort Specific Plan Document, subject to obtaining a Conditional Use Permit and the requirements of Section 18.116.150.050 (Development Standards). 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 the Anaheim Resort Specific Plan zone designation. Such uses shall meet all city laws and requirements.
.050 Development Standards. The development standards established in the Anaheim Resort Specific Plan 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 by the Planning Commission/City Council as follows:
.0501 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.
.0502 Parking. Additional parking may be required if the design of the facility and units indicates that additional parking is necessary.
.0503 Setback, height, landscaping, signage requirements and recreation amenities. Additional restrictions may be required to ensure that the facility is adequately buffered from surrounding uses.
.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.
.0602 All facilities converted to vacation ownership resort use shall meet all applicable city requirements, including building, safety, and fire standards, as well as the other requirements of this section.
.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 prepared to the satisfaction of the city. The survey shall include a representative sample of the existing unit supply in terms of location, price and type of unit. (Ord. 5769 § 1; May 1, 2001.)
.070 Information Required for Applications. In addition to any information requirements established by other applicable Sections of the Anaheim Municipal 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;
.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 and Transportation Manager 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 (Transient Occupancy Tax) of the Anaheim Municipal Code, to collect and transmit the transient occupancy tax to the city;
.0714 Any other information or documentation the applicant, city staff, the Planning Commission and/or City Council deems reasonably necessary to the consideration of the project, including any required environmental or fiscal impact report documents;
.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:
.01 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 or architect,
.02 A comprehensive list of all improvements, upgrading, and additional facilities proposed, and
.03 A report prepared by a licensed engineer or architect describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the 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 Building Permits. 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; and
.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 the Anaheim Municipal 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 Occupancy Tax. Notwithstanding any other provision of the Anaheim Municipal Code, all vacation ownership resort units shall be subject to the payment of the transient occupancy tax as otherwise prescribed by Chapter 2.12 (Transient Occupancy Tax). No vacation ownership resort shall be established as a conditional use unless the property owner/developer establishes and implements a method of ownership acceptable to the city which guarantees the city’s collection of Transient Occupancy Tax for all vacation ownership units as if they were hotel rooms. The city reserves the right to audit all such vacation ownership resorts. The manager of the facility (or if the facility has no manager, the owner of the facility) shall be deemed the “operator” within the meaning of Chapter 2.12 entitled (Transient Occupancy Tax) of the Anaheim Municipal Code for purposes of collection and remittance of the tax. (Ord. 5453 § 1 (part); September 27, 1994: Ord. 5920 § 1 (part); June 8, 2004: Ord. 6031 § 64 (part); August 22, 2006: Ord. 6265 § 24; January 15, 2013.)