PCRES 1998-045PLANNING COMMISSION RESOLUTION 98- 045
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL AN AMENDMENT TO CHAPTER
9.140. - HILLSIDE/UNIQUE GEOLOGY OVERLAY DISTRICT
ZONING CODE AMENDMENT 97-057
CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California,
did, on the 24th day of February, 12d' day of May, 91h day of June, and the 23`d day
of June, 1998, hold duly -noticed Public Hearings to consider a Zoning Code
Amendment for Chapter 9.140.- Hillside/Unique Geology Overlay District; and,
WHEREAS, the Zoning Code Amendment is consistent with the goals,
objectives, and policies of the General Plan for development in the hillsides as defined
by the criteria in Exhibit "A"; and,
WHEREAS, approval of the Zoning Code Amendment will not create
conditions materially detrimental to the public health, safety and general welfare as
indicated by the environmental review conducted for ZCA 97-057;
NOW THEREFORE, BE IT RESOLVED by the Planning Commission for the
City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitutes the findings of
the Planning Commission in this case;
2. That it does hereby recommend to the City Council approval of Zoning Code
Amendment 97-057 for the reasons set forth in this Resolution and as noted
in Exhibit "A", attached hereto and made a part of.
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 23rd day of June 1998, by the following
vote, to wit:
AYES: Commissioners Abels, Gardner, Kirk, Seaton, Tyler, Woodard,
and Chairman Butler.
NOES: None
ABSENT: None
ABSTAIN: None
Planning Commission Resolution 98. 045
ZCA 97-057
RIC BUTLER, Chairman
City of La Quinta, California
ATTEST:
HER AN, Community Development Director
La 6uinta, California
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Planning Commission Resolution 98-045 EXHIBIT A
Conditions of Approval - Adopted
Zoning Code Amendment 97-057
City of La Quinta
June 23, 1998
9.140.040 HE HUGO Hillside/Unique Geology Overlay District Gonservation Regulations.
A. Purpose. The purpose of this chapter is as follows:
1. Ensure that development in the Hillside and Unique Geology Overlay (HUGO) District
is consistent with the goals, policies, and criteria of the General Plan;
2. Protect and preserve public and private open space as a limited and valuable resource;
3. Preserve significant features of the natural environmental including watersheds,
watercourses, canyons, knolls, ridge lines, boulder fields, and rock outcrops, while
minimizing disturbance to the natural terrain;
4. Protect significant native vegetation and wildlife;
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5. Protect significant cultural resources;
6. Limit development to a level consistent with available public services and road access
that can be reasonably provided to and within each parcel;
7. Ensure that development will not create or increase fire, flood, rock slide, or other
hazards to public health and safety;
8. Protect the health, safety, general welfare and property of people in the vicinity of steep
hillside and unique geological building sites;
This chapter establishes procedures and standards for the review of land divisions and the
construction of buildings, structures, and improvements necessary to meet this purpose.
AB. Applicability.
The HUGO District and the provisions of this Section apply to land meeting the criteria for
hillsides, canyons, boulderfields, and topographic aberrams. The!'G "ills"' Gott"rvation
HUGO District applies to a44 land within
shown on the Official Zoning Map as "HUGO." More-sfle , being-abeve
"flie toe of the slope," as defitted in t1jis Seetion. within the following Seetions of land (S
Bemardine) Base ejid Meridian) within the Gity:
The delineation of the HUGO District has been generally identified in the Zoning Map and
Ordinance, however, it is adjustable dependent upon more detailed boundary information
submitted to the City. The final determination of the HUGO District boundary will be made
by the Community Development and Public Works Department staff, Planning Commission,
and City Council.
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I. Boundary of the HUGO District. HUGO District includes all hillside land, except for sand
dunes, located above the toe of slope boundary. Ifsand is removed fioin against the hillside,
it will necessitate a new toe ofsiope analysis. The toe of slope boundary line shall be the
boundary between the HUGO conservation area and developable land The boundary shall
be confirmed by the Public Works Department per the requirements contained later in this
subsection. It is acknowledged, however there are some areas located above the toe of slope
which are flatter than the percent (20°yo) topographic gradient required for hillside
conservation. These areas may potentially be developed for certain uses, if certain findings
are made, under a conditional use permit, pursuant to Section G. In addition, the District
shall include canyon, boulderfields topographic aberrant as defined herein.;
2. Determination of the Toe of Slope. The toe of slope boundary line is the lower elevation of
a twenty-five foot (25 foot) wide calculation band where the topographic gradient within the
banded area exceeds twenty percent (20%). The topographic gradient within the banded
area may be calculated manually, or by digitizing/plotting software capable of producing
the desired analytical documents. The calculation method and analytical documents far
each method shall be as follows:
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Manual Method
Using the slope formula specified herein, the topographic gradient calculation must be
calculated using a map with five foot intervals between contour lines on a 40-scale map
(1 "=409 and the maximum size subarea for calculation purposes must not exceed 2,500
feet (0.057 acre); see Attachment 1 for an example of the graphic technique used to
implement the manual analysis method
S = 0.00229 x I x L S=average cross slope of ground in percent
A I = contour interval in feet
L = combined length of all contours (in feet)
A = area of the calculation subarea in acres
Note: When the analysis subarea is confined to 2,500 square feet in a 25 feet by
100 feet configuration using five-foot contour intervals, the maximum
allowable length of contour lines passing through the analysis area (banded
area) totals 100 feet.
The applicant shall submit the 40-scale contour map and calculations for each subarea
in the toe of slope band for review and approval by the City Engineer. If requested, the
applicant shall provide on the land in question, up to one survey stake per one hundred
feet of toe of slope boundary.
Automated Digital Method
Use computer software capable of calculating topographic gradient from digitized
contour data and then outputs the calculation results by shading the map areas that have
topographic gradients exceeding twenty percent (20%). The shaded calculation results
shall be plotted onto two different backgrounds: 1) an 80-scale rectified color aerial
photograph, and 2) an 80-scale topographic contour map with five feet contour intervals.
The applicant shall submit the two 80-scale analytic documents specified herein for
review and approval by the City Engineer. If requested, the applicant shall provide on
the land in question, up to one survey stake per one hundred feet of toe of slope
boundary, and a computer file of the analytic documents in a digitized graphic format
suitable for viewing on city -owned computers.
3. Canyons. The canyon areas where the canyon is less than 200 feet wide are included in
the HUGO District. The two hundred foot width is measured on the canyon floor
perpendicularly to the canyon centerline from the toe of slope boundary on one side of
the canyon to the toe of slope boundary on the other side. The applicant shall prepare
and submit analytical documentation on a 100-scale (1 "=1009, topographic map, or
larger scale (i.e., I inch equals less than 100 feet). The approved toe of slope shall be
drawn on the map, along with a canyon centerline that reasonably approximates the
center of the canyon.
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4. A boulder field is nominally defined as any area regardless of topographic gradient
(above or below the toe ofslope) in which there is an abundance of large loose boulders
lying on the ground surface exposed to sight and possessing the visual appearance and
geologic character of other rocky material readily visible on nearby hillside open space
areas.
Boulder fields are analytically determined by first requesting the City Engineer or
appointed representative, to visit the site and confirm the visual and geologic character
of the potential boulder field by making a generalized comparison of the boulders in the
potential boulder field with the rocky material readily visible on nearby hillside open
space. If the visual and geologic character of the potential boulder field is confirmed,
the applicant shall prepare a detailed analytical document in which a proposed boundary
is shown on a 40-scale rectified color aerial photograph. The City Engineer shall review
the document and proposed boundary for appropriateness. In general, but detailed
calculations are not required, an area shall be considered a boulder field if eighty
percent (80%) of the squares in a continuous grid of 10 feet by 10 feet squares are
occupied by at least one boulder, or if at least eighty percent (80%) of the squares in the
grid network have a third, or more, of the ground surface containing an exposed rock
outcropping.
For the purposes of this section, a large loose boulder is defined as any rock material
identified in the first phase of the boulder field determination, that is detached from its'
place of origin and its' largest caliper dimension is two (2) feet or larger. The City
Engineer's boundary review and analytical confirmation shall be the basis of a
recommendation to the Planning Commission for final approval. The Planning
Commission shall have final approval authority of the boulder field boundary and may
make any adjustments to the boundary it deems appropriate.
5. Topographic Aberrant - Unique or potentially significant topographic or geologic
features such as, waterfalls, watercourses, and rock outcroppings. These features are
typically different in character with the balance of developable land and not above the
toe of slope.
6. Sand Dunes - a sand dune is defined as a mound or ridge of loose sand piled up by the
wind and is not included in the HUGO District.
B. Permitted Uses in He HUGO District.
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The following uses within the HG HUGO District shall be permitted in areas of less than 20%
above the toe of slope
a. Golf courses (not including above -ground structures), including fairways, greens, tees, and
golf -cart paths to access them;
b. Flood -control structures;
C. Parks and lakes, emd passive reereation faeilities;
d. Water wells, pumping stations, and water tanks (if properly screened);
e Power, telephone, and cable substations and transmission lines (if properly screened or
undergrounded);
f T.V., cable, and radio antennas;
g. Hiking, bicycle and equestrian trails not permitting motorized vehicles;
h. Single family residential uses (ten acres per lot);
i. Accessory uses necessary to establish and maintain the permitted uses, such as roads,
gate -houses, on -site subdivision signs, parking lots, noncommercial community association,
recreation, and assembly buildings and facilities.
j. Fencing necessary to mitigate environmental impacts for State and Federally listed
endangered species.
The following uses within the HUGOG district shall be permitted on slopes exeeediiig equal
to or greater than 20 percent:
a. Hiking, bicycle and equestrian trails not permitting vehicles;
b. Access roads which shall be located in non -visible areas " unless
applicant can prove to the satisfaction of the City that the only access
must traverse a visible area. Access road in visible areas shall be mitigated to a level of
insignificance (/or example.* depressing the road, restoring rock eolaration, re=
contouring the cut and fill areas tiia natural appearance, ete,) (Ownership or
non -ownership of property is not sufficient proof of reason to place a road in a visible area.
Roads shall not exceed 15 percent grade.}
c. Golf course (not including above ground structures), including tees, greens, fairways,
and cart paths to access them.
d. Flood control structures.
e. Fencing necessary to mitigate environmental impacts forState and Federally listed
endangered species.
E. Conditional Use Permit Required. In addition to the requirements of this Section, all
development within the 44E HUGO District shall require approval of a conditional use permit pursuant
to Section 9.210.020, including City Council approval.
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PROPOSED PLANNING COMMISSION CHANGES
The following uses within the HG HUGO District shall be permitted in areas of
less than 20% above the toe ofslope
pereen :
a. Golf courses (not including above -ground structures), including fairways,
greens, tees, and golf -cart paths to access them;
b. Flood -control structures;
C. Parks and lakes, i ;
d. Water wells, pumping stations, and water tanks (if properly screened);
e Power, telephone, and cable substations and transmission lines (if properly
screened or undergrounded);
f. T.V., cable, and radio antennas;
g. Hiking, bicycle and equestrian trails not permitting motorized vehicles;
h. Single family residential uses (ten acres per lot);
i. Accessory uses necessary to establish and maintain the permitted uses,
such as roads, gate -houses, on -site subdivision signs, parking lots,
noncommercial community association, recreation, and assembly
buildings and facilities.
j. Fencing necessary to mitigate environmental impacts for State and
Federally listed endangered species.
2. The following uses within the HUGOG district shall be permitted on slopes
exceeding between 20 and 30 29 percent:
a. Hiking, bicycle and equestrian trails not permitting vehicles;
b. Access roads which shall be located in non -visible aieii .fia�arljaeetr
prope►tilles unless applicant can prove to the satisfaction of the City that the
only access to _ w - must traverse a visible area. Access road
in visible areas shall be mitigated to a level of insignificance (for
example: depressing the road, restoring rock coloration, reducing the
width of the travelway, re -contouring the cut and fill areas to a natural
appearance, etc.)' fOwnership or non -ownership of property is not
sufficient proof of reason to place a road in a visible area. Roads shall not
exceed 15 percent grade.}
e. Golf course (not including above ground structures), including tees,
greens, fairways, and cart paths to access them.
d. Flood control structures.
e. Fencing necessary to mitigate environmental impaetsfor State or
Federally listed endangered species.
3. No development shall occur on slopes greater'than 30 percenL.
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F. Site Development Review Required. All development in the HUGO District shall be subject
to site development review pursuant to Section 9.210.010. 'Development"
in this context shall include the following: grading, building, grubbing, or permitting any heavy
equipment (equipment whose function is digging, clearing, earth -moving, grading, or a similar function
disruptive to the natural terrain) access to the HG HUGO District property.
G. Criteria for Review of Grading Plans. The Pla
Consideration shall be given to the following matters of -par ietmaim-eettleern in reviewing of grading
proposals in the HG HUGO District. Conditions may be attached to the approval of grading plans so
as to achieve the purpose and intent of this Section and the following objectives:
The health and safety of the public;
2. The preservation of vegetation and animal habitat, designation of stream courses as open
space, preservation of habitat corridors, encouraging revegetation with drought -tolerant native
species;
The avoidance of excessive building padding or terracing and cut and fill slopes to reduce the
scarring effects of grading;
4. The encouragement of sensitive grading to ensure optimum treatment of natural hillside, -and
arroyo and unique geological features;
5. The encouragement of imaginative grading plans to soften the impact of grading on hillsides,
including rolled, sloping, or split pads, rounded cut and fill slopes, and post and beam
construction techniques; and
6. The maximum retention of vistas, and natural topographic features including mountainsides,
ridgelines, hilltops, slopes; rock outcroppings, arroyos, ravines, canyons, and boulder fields.
Z The addition of soil against the hillsides shall meet the City Codes for completed fill (f
filling on slope). Slopes shall be graded to conform with the surrounding hillsides,
mimicking the natural topography including swales, knolls, ridges, etc., in accordance with
the Grading Ordinance.
H. Engineering Reviews Required. For all
development within the HG HUGO District, the following reports shall be prepared by a
California -licensed engineer (licensed in the appropriate discipline), and filed with the City Engineer;
tIrIless speeifieally waived by the City Ettgineer based on a visit t&+h��:
1. Hydrology, drainage, and flooding report for all sites;
2. Soil survey of the sites proposed attesting to stability of all sites and the appropriateness of the
construction method proposed;
3. Underlying geology/engineering report attesting to stability of all sites;
4. Seismic analysis attesting to the stability of the site(s) and addressing the potential of material
above the site(s) impacting the site(s);
5. Access plan showing the preliminary engineering for roads giving access to the proposed
site(s);
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Grading plan for the construction site(s) and access routes; and
A utility plan demonstrating the feasibility of providing water for domestic and fire
suppression purposes, sewer, power, and other utilities, especially with regard to the scarring
effects of the grading necessary to install such utilities.
Toe of slope study.
I. Other Studies Required The following studies shall be filed with the Community Development
Department as a part of the application process:
All development in the HG HUGO District shall be subject to a report by a qualified biologist
addressing the following:
a. Natural vegetation and native plants which may be affected by the project;
b. Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native animal species; and
c. A plan to maintain corridors for wildlife habitat and movement of animals within HG
HUGO District.
2. All development in the BG HUGO District shall be subject to a review by a qualified
archaeologist addressing the following:
a. A review of the literature and records for any known and/or recorded historic or prehistoric
resources;
b. A survey of the project site for historic or prehistoric resources; and
c. A final report of findings including significance determinations, and recommended
mitigation and resource treatment shall be submitted to the Historic Preservation
Commission for review.
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3. A viewshed study, including plans and (cross sections) showing visibility of proposed project
and grading, as-`iewved-hmve is to include at least five locations as approved by staff, from
surrounding properties located at lower elevations.
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J. Development Standards.
1, Minimum Lot Size. In the 44G HUGO District, the maximum density
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permitted shall be one residential unit per ten acres. On a contiguous parcel which includes
areas both above and below the "toe of the slope," residential units may be clustered together
below the "toe of the slope" with an approved conditional use permit, to take advantage of
buildable areas with lower slope angles thereby, allowing for exceeding the density permitted
by the General Plan
exeeeded. Struetures shall remain single f�mily, separated, on individual lots having an are
of at least
2. Maximum Building Height. No
structure shall exceed 28 feet and/or be placed in such a way that its outline is visible above
a ridgeline.
Parking. Off-street requirements shall conform to Chapter 9.150.
4. Roof Equipment. No roof -top equipment for heating, cooling or other purposes shall be
permitted.
5. Utilities. All utilities shall be placed underground ,
K. Land Divisions in 4G HUGO District. In order to assure compliance with the provisions of
this Section, the following requirements shall apply to the proposed division of any property which is
partially or completely within the 1-iE HUGO District: A preliminary grading plan prepared in
accordance with the provisions of Municipal Code Title 13 and this Section shall be submitted (together
with other requirements of this Section) with every conditional use permit, tentative subdivision map
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or parcel map filed for approval. The preliminary grading plan shall show at least one practical, usable,
and accessible building site which can be developed in accordance with the provisions of this Section
within each proposed lot or parcel.
L. Transfer of Development Rights.
Transfers of development rights shall follow the procedures and standards set forth in Chapter
9.190.
2. Any owner of property within the 14C- HUGO District may transfer development rights from
the HG HUGO District on the basis of one residential unit per ten acres.
3. Development rights may be transferred as follows:
a. Transferred to a subdivided portion of the same property below "the toe of the slope," as
presented in a conditional use permit; or
b. By means of sale to any area of the City which has been zoned for residential purposes,
provided the increase for any particular parcel does not exceed 20 percent of the General
Plan density designation.
a. Development rights may be retained by an individual.
b. Transfer rights may be further sold as provided in Chapter 9.190.
4. Any owner of property within the HG HUGO District may sell, bequeath or transfer the
development rights of the property, in accordance with this Section and Chapter 9.190 to any
governmental jurisdiction or any properly organized nonprofit organization whose charter
allows for the ownership of public open space. The governmental jurisdiction or nonprofit
organization may retain or sell or transfer acquired development rights in accordance with
Chapter 9.190.
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M. Ownership and Maintenance of Recreation/Open Space.
Those areas located within a ltiflside development controlled by this Section which are to
remain as undeveloped open space, such as undevelopable slopes and natural landmarks, may
be offered for dedication for game preserve, recreation, or open space purposes. Such areas
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M. Ownership and Maintenance of Recreation/Open Space.
Those areas located within a ltiflside development controlled by this Section which are to
remain as undeveloped open space, such as undevelopable slopes and natural landmarks, may
be offered for dedication for game preserve, recreation, or open space purposes. Such areas
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may be offered to a public agency or to a nonprofit land trust conservancy or similar
organization whose charter allows for the ownership of recreation and open space which will
preserve the natural open space in perpetuity.
If an offer of dedication under PaTagraph N 1 ofthis Seetia or if such an offer is not accepted,
the developer shall make provisions for the ownership and care of the open space in such a
manner that there can be necessary protection and maintenance thereof. Such area shall be
provided with appropriate access and shall be designated as a separate parcel or parcels which
may be maintained through special fees charged to the residents of the subject development
or through an appropriate homeowner's association or maintenance district.
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