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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, which use is compatible with the uses permitted within the Specific Plan Area, whether such vacation ownership resorts are to be newly constructed or created by conversion of existing hotels within the Specific Plan Area. The provisions of this chapter shall govern the development of vacation ownership resorts, and the conversion of existing hotels to vacation ownership resorts within the Specific Plan Area, and such provisions supersede and shall replace Section 18.116.070 (Land Use and Site Development Standards – Commercial Recreation (C-R) District (Development Area 1)) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92-2 (SP 92-2)). 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.
.020 Limits on Occupancy. Occupancy, or right of occupancy, of any unit (including different units within the same facility) in a vacation ownership resort facility by a person or entity shall be limited to not 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.030 Repealed by Ord. 5614, 10/21/97
.040 Required Zoning. The conversion of vacation ownership resorts within the Specific Plan Area to residential condominium use is prohibited; however, the development of a vacation ownership resort as a condominium, or the conversion of a hotel within the Specific Plan Area to a condominium incidental to the conversion of such a hotel to a vacation ownership resort, shall be permitted; provided that the governing instruments for such a project shall specifically state that residential use, other than the use and occupancies permitted by subsection 18.118.130.020 (Limits on Occupancy), is prohibited.
.050 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 Specific Plan; such uses shall meet all City laws and requirements.
.060 Development Standards. The development standards set forth in this chapter shall be applicable to the development of vacation ownership resorts.
.070 Notification of Intent to Operate a Vacation Ownership Resort. Notification of intent to operate a vacation ownership resort within the Specific Plan Area shall be submitted to the Planning Department sixty (60) days prior to the commencement/conversion of said use, for review to determine if said use is in substantial conformance with the Specific Plan and the provisions of this chapter. Said notification of intent shall include the location, number of units and method of conversion/commencement for proposed vacation ownership resorts.
.080 Conversion to Vacation Ownership Resorts. Hotels existing or under construction in the Specific Plan Area as of the date of adoption of the Specific Plan Ordinance (August 9, 1994) may be converted to vacation ownership resorts in their existing condition, for a period of eight (8) years from the City Council adoption of the Specific Plan ordinance, without the requirement that such facilities comply with the development standards set forth in this chapter. Hotels, the construction of which is commenced after the date of adoption of the Hotel Circle Specific Plan, may also be converted to vacation ownership resorts within a period of ten (10) years from the date of the certificate of occupancy for the hotel building, or ten (10) years from City Council adoption of the Specific Plan ordinance, whichever is less, provided that such hotels have been developed in accordance with the development standards set forth in this chapter. Conversions following these time limitations may be permitted by conditional use permit, using the criteria contained in Chapter 18.68 (Conditional Use Permits) of this Code.
.0801 Conversion of a vacation ownership resort to a hotel shall require a conditional use permit.
.0802 No hotel building within District B of the Hotel Circle Specific Plan Area shall contain both hotel units and vacation ownership units on a permanent basis. (Ord. 5614 § 7; October 21, 1997.)
.090 Information Required to be Submitted for Vacation Ownership Resorts. In addition to any information requirements established by other applicable sections of this chapter, the following information shall also be submitted in connection with the development of, or conversion to, a vacation ownership resort:
.0901 Typical floor plans for each vacation ownership resort unit type;
.0902 The phasing of the construction of the vacation ownership resort use;
.0903 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;
.0904 The identification of vacation ownership resort intervals and the number of intervals per unit;
.0905 A description and identification of any accessory uses which are proposed in conjunction with the vacation ownership resort;
.0906 A description of the availability of the vacation ownership resort project, including accessory uses, to the general public;
.0907 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;
.0908 A description of the type and operation of any other uses (commercial and/or recreational) which are included in the facility;
.0909 The formula, fraction or percentage of the common expenses, and any voting rights assigned to each vacation ownership resort unit, and, where applicable within the project, to each unit that is not subject to the vacation ownership resort program;
.0910 Any restrictions on the use, occupancy, alteration or alienation of vacation ownership resort units;
.0912 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 transfer the transient occupancy tax to the City.
.100 Vacation Ownership Resorts 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) of the Anaheim Municipal Code. No vacation ownership resort shall be established as either a permitted use or a conditional use, unless the 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 (Transient Occupancy Tax) of the Anaheim Municipal Code, for purposes of collection and remittance of the tax. (Ord. 5444 § 1 (part); August 16, 1994: Ord. 5920 § 1 (part); June 8, 2004.)