Chapter 17.32 — OVERLAY DISTRICTS

The intent of this chapter is to provide guidance on the implementation of Overlay Districts within this Zoning Ordinance.

(Prior code § 159.14.010)

For purposes of this chapter, overlay districts shall refer to those overlay districts established in Section 17.04.060 .

(Prior code § 159.14.020)

• A. Where a specific plan district overlies another zoning district established in this Zoning Ordinance, the development standards and other relevant regulations of such specific plan district shall supersede any conflicting development standards and other regulations of the underlying zoning district.

• B. For development projects on contiguous properties having significant and definable inter-related planning and land use issues which required uniform resolution in order to insure basic fairness in application and administrative economy and that are consistent with the City’s adopted General Plan, the use of a planned development (PD) district may be allowed in lieu of the development and/or adoption of a specific plan subject to the approval of a Conditional Use Permit by City Council (See Chapter 17.80 ).

• (Prior code § 159.14.030)

• A. The Two Bunch Palms Specific Plan (TBPSP) Overlay shall include approximately 269.89± acres of land generally bounded by Verbena Drive to the west; Miracle Hill Road to the east; Rochelle Road to the north; and Camino Campanero to the south (Assessor Parcel Numbers: 642-150-022, 023, 024; and 642-170-015, 023, 024, 026, 029, 031, 035, 036-042, 044; and 656130-006-009, 014, 017, 019, and 020-024).

• B. Prior to development of any individual parcel located within the TBPSP boundary, the property owner(s) shall undertake the preparation of a specific plan covering all parcels within the TBPSP boundary, consistent with the California Planning Laws and Chapter 17.128 (Specific Plans).

• C. The specific plan provides the framework for future development within the overlay area which will emphasize visitor and spa/health-related uses capitalizing on hot water resources and will allow limited commercial and residential uses only where these uses can be demonstrated and controlled to specifically support the spa/health-related uses. The specific plan shall address a comprehensive plan for the improvement of the Two Bunch Palms Resort, including expansion of the spa services and facilities and addition of visitor lodging to accommodate increased number of guests. The specific plan may address a variety of visitor-serving uses, including traditional hotel rooms, condominium hotel rooms, timeshare hotel uses, extended-stay visitor lodging, and vacation club membership-oriented visitors. To the extent that more traditional residential uses of the overlay area wish to be used as second homes or seasonal transient lodging, the specific plan may allow for such uses of residential units provided they are managed by the Two Bunch Palms Resort operators, and all appropriate business license and transient occupancy taxes payable to the City. The specific plan will anticipate phased development of the site over several years, and provide for subsequent reviews of development projects, use permits and subdivisions to fully implement the final vision of the specific plan. If the specific plan does not address a particular standard, the provisions of the base-zoning district shall apply. Unless otherwise waived by the City, all development within the boundaries of the specific plan shall require the consideration and approval of a development agreement pursuant to Chapter 17.84 of the Municipal Zoning Ordinance.

implement the final vision of the specific plan. If the specific plan does not address a particular standard, the provisions of the base-zoning district shall apply. Unless otherwise waived by the City, all development within the boundaries of the specific plan shall require the consideration and approval of a development agreement pursuant to Chapter 17.84 of the Municipal Zoning Ordinance.

• D. Failure to Utilize Plan. Failure to utilize a plan, by an applicant or his/her successor, within 2 years of its effective date (unless extended by action of the Planning Commission) will automatically void such plan. In the event construction work is involved, such work must actually commence within the stated period and be diligently pursued. If the City should find that there has been no construction of substantial character taken or if such construction should lapse for more than 6 months, the plan shall be void. This subsection dealing with failure to utilize is of no force and effect when applicant has an approved development agreement on file covering the same area as the specific plan.

• E. Extension of Time. Extension of time up to a maximum of 1 year may be granted from the date of expiration of the plan by the Planning Commission when extenuating circumstances can be clearly shown by the applicant. Said 1-year extension(s) are limited to 3. This subsection dealing with extension is of no force and effect when applicant has an approved development agreement on file covering the same area as the specific plan.

• (Prior code § 159.14.040)