1991 04 24 ECCwily 10/ 9?a Q a ton la
AGENDA
OF
ENVIRONMENTAL CONSERVATION COMMITTEE
CITY OF LA QUINTA
A Regular Meeting to be held at the
La Quinta City Hall, 78-105 Calle Estado
La Quinta, California
April 24, 1991
7:00 P-M.
I. CALL TO ORDER - Flag Salute
II. ROLL CALL
III . BUSINESS SESSION
A. Organizational meeting to determine the function of the Committee, their
responsibility, and future meeting dates.
V. OTHER
VI. ADJOURNMENT
DRB/AGENDA
ENVIRONMENTAL CONSERVATION COMMITTEE
KATIE BARROWS Appointed:
53-277 Avenida Diaz
La Quinta, Calif. 92253
Telephone: 564-2413
(Planning Commission Appointee)
STEVE BRUMMEL Appointed:
50-026 Calle Rosarita
La Quinta, CA 92253
Telephone: 564-0830 (Res.)
564-1780 (Bus.)
(Mayor Pena's Appointee)
LAURA HINDERAKER Appointed:
79-925 Horseshoe
La Quinta, Calif. 92253
Telephone: 347-9480 (Res.)
(Council Member Rushworth's Appointee)
JACKIE JOHNSON Appointed:
55-043 Firestone
La Quinta, Calif. 92253
Telephone: 771-0125 (Res.)
(Council Member Franklin's Appointee)
SHARON KENNEDY Appointed:
77-350 Calle Arroba
La Quinta, Calif. 92253
Telephone: 564-2482 (Res.)
(Community Services Commission Appointee)
ROBERT METKUS
79-295 N. Sunset Ridge Dr.
La Quinta, CA 92253
Telephone: 345-8744 (Res.)
345-0254 (Bus.)
(Council Member Sniff's Appointee)
PAUL QUILL
51-245 Avenida Rubio
La Quinta, Calif. 92253
Telephone 564-2685 (Res.)
341-6470 (Bus.)
Council Member Bohnenberger's
Appointed:
Appointed:
Appointee)
12-04-90
12-04-90
12-04-90
12-04-90
12-04-90
12-04-90
12-04-90
' w
CONSENT CALENDAR 2
LA QUINTA CITY COUNCIL
MINUTES
SEPTEMBER 4, 1990
Regular meeting of the La Quinta City Council was called to order at
the hour of 3:00 P.M., Mayor Pena presiding, followed by the Pledge
of Allegiance.
PRESENT: Council Members Bohnenberger, Rushworth, Sniff, Mayor
Pena
ABSENT: Council Member Bosworth
CONFIRMATION OF AGENDA
Ron Kiedrowski, City Manager, asked that first reading of the
Ordinance be removed from Item No. 11.
Council Member Rushworth asked that Item No. 10 on Consent Calendar
be removed and made Item No. 9 on the Business Session agenda.
ANNOUNCEMENTS
Mayor Pena announced that the City has a baseball game tomorrow night
at 7:00 P.M.
WRITTEN COMMUNICATIONS- None
BUSINESS SESSION
1. CONTINUED DISCUSSION ON IMPLEMENTATION OF HILLSIDE ORDINANCE
JERRY HERMAN, Planning Director advised Council that the Planning
Commission considered the proposed motion of the City Council and
supported it on a 2-1-2 vote with the following changes;
a. The word "hillside" should be changed to read
"Open Space".
b. That staff should be identified as specific members
or departments.
Mr. Herman presented maps illustrating the properties that are
conditioned by approval conditions on various tract maps and
depicting the toe of the slope. He also presented a map
illustrating properties owned by the City; CVWD and other public
agencies.
Mr. Herman explained that the original Hillside Ordinance was
adopted in September, 1989 and to date no projects have been
submitted to the Planning Department for approval. Since that
time, they have talked to various public agencies about how to
start acquiring property and have talked to some property owners
about development potential.
7
City Council Minutes
2 September 4, 1990
Mr. Mark Moran has submitted a proposal with regard to hillside
preservation that is included in City Council's packet. However,
the Planning Commission didn't feel they had time to review and
respond to it.
Mayor Pena questioned whether Staff had a chance to review Mr.
Moran's proposal, and Mr. Herman advised not.
Council Member Sniff commented that if we can go forward with an
Implementation Plan, he suggested that Mr. Moran's comments and
suggestions be made a part of the Environmental Conservation
Committees considerations.
FRED WOLFF, 77-227 Calle Ensenada, Chairman of the Environmental
Conservation Committee, stated he was puzzled at where the
Hillside Ordinance is going. In April, the City Council adopted
a policy to convert privately owned land into public ownership
with emphasis made on no loss to the present owner. He proceeded
to outline the chronology of this issue. He questioned the
City's policy of allowing applications to be filed, if there is
no intent to approve them. Mr. Wolff stated that at no time did
the ECC recommend that the City acquire all the open space land.
ECC members agreed that City Council should negotiate with other
agencies that purchase land. Mr. Wolff noted that staff's report
states that the Planning Commission voted 2-1-2 that the City
Council take no action on the report at this time; whereas, the
minutes reflect that the Planning Commission, in fact, chose not
to make a recommendation to the City Council. He advised that he
reviewed Mr. Moran's report and agreed that there are some
portions that should be considered. He advised that the
Committee approved the Council's proposed motion with some minor
revisions. In conclusion, he hoped that the Council will stand
by their action in April.
Mr. Kiedrowski commented on Item 6G, advising that the City
Council has not enacted a moratorium, which is why we cannot deny
an individual from filing an application.
Mayor Pena asked if the Environmental Conservation Committee
considered Mr. Moran's proposal and Mr. Wolff advised not.
Council Member Sniff felt the City Council should decide if they
want to 'go forward with an Implementation Plan, which will
develop recommendations back to the City Council to make further
decisions at a future date. This is an attempt to examine the
subject over the next year, and come forth with periodic reports
with a final report on or before the expiration of one year.
City Council Minutes
3 September 4, 1990
Discussion ensued with regard to the action taken in April and
the direction the Council wishes to go at this time.
Mr. Kiedrowski explained that City Council has already adopted an
Ordinance that allows significant controls on any development
that is Hillside. Council has the ability to review any change
of the General Plan and zoning that deals with the open space.
Council Member
Sniff stated that this process would be helpful
to
get the City
to that point as Council will examine
the General
Plan next year.
In the mean time the Hillside
Ordinance is
in
place and this is just an examination of
and looking
to
possibilities of acquiring some of this land
by dedication
or
other means.
In the meantime everything is
still in place
and
effective.
MOTION - It was moved by Council Members Sniff/Rushworth to adopt
an Implementation Plan as follows:
1. The City Manager shall assign City Staff personnel the
responsibility of carrying out the program adopted by the
City Council on April 17, 1990 as a high priority item.
2. Assigned staff and the Environmental Conservation Committee
shall review and evaluate the options presented in the Staff
Report plus all other pertinent material.
3. Staff shall contact all organizations that buy or trade open
space lands as identified in Section D of the Staff report
obtaining commitments of action where possible.
4. Staff shall contact all owners of parcels in the open space
areas of La Quinta ascertaining:
a. which owners would be willing to sell or exchange
their parcels voluntarily.
b. which owners would be willing to dedicate their
parcels to the City.
c. Which owners would prefer to keep their parcels
zoned for no development.
5. City Staff shall serve as a middle man facilitator bringing
owners and appropriate organizations and entities together
wherever feasible.
6. City Staff and the Environmental Conservation Committee shall
develop a strategy for affected property owners not willing
to participate in any Implementation program for the City
Council review and approval.
City Council Minutes
4 September 4, 1990
7. City Staff shall provide a full report not later than October
1, 1991, plus periodic informational updates.
8. We shall re-form an Environmental Conservation Committee
promptly.
9. Lastly, the City Council reserves to itself all legal and
planning decisions.
Council Member Bohnenberger recommended adding the following to
Item No. 4;
d. To identify which owners would prefer to keep their parcels
zoned to allow development consistent with the open space and
hillside conservation ordinance.
e. None of the above.
Council Member Bohnenberger assumed that Item No. 2 is meant to
include review of Mr. Moran's report and Council Member Sniff
stated that is correct. He noted that a lot of the area around
Lake Cahuilla is controlled by the BLM and understood that they
are considering putting some of it out for lease for possible
development and we should communicate our plans with them to make
sure they don't do anything inconsistent with our plans.
Council Member Sniff suggested the Environmental Conservation
Committee be re-formed as follows:
1. The Committee should be advisory only.
2. The Committee shall have an initial time frame of one year.
3. The Committee shall be appointed by City Council.
4. The Committee should be composed of seven members including
one from the Planning Commission, two from the Community
Services Commission and four from the public sector to be
appointed by each City Council Member appointing one member.
5. The Committee should organize with a chairperson and vice
chairperson.
6. The committee should abide by all rules & regulations
required by law and allow and encourage public comment and
input.
7. The City shall provide all reasonable support.
City Council Minutes 5 September 4, 1990
8. The Committee shall meet at least once a month and provide
minutes and written reports to the City Council.
Council Member Sniff amended his motion be amended to add Council
Member Bohnenberger's two additions - Council Member Rushworth
concurred.
MOTION CARRIED UNANIMOUSLY. MINUTE ORDER NO. 90-94.
Council Member Sniff requested that the re-formation of the
Environmental Conservation Committee be placed on the next
agenda.
2. CONSIDERATION OF APPROVAL OF CONTRACT WITH WASTE MANAGEMENT OF
Ron Kiedrowski, City Manager stated the Contract with Waste
Management of the Desert expires in one year. Proposals have
been received from the two purveyors in the area.
Ray Burke, with Waste Management of the Desert briefly review the
contract.
Mr. Kiedrowski stated the City is checking into recycled paper
for City use.
Mr. Kiedrowski advised that Waste Management of the Desert would
like to amend Title 6, Chapter 6.04.140 of the City Ordinance at
a later date.
Kristy Franklin, 55900 Rivera, stated that PGA West residents
have tried to get recycling for two years without success.
There are residents in PGA West that want recycling bins.
MOTION - It was moved by Council Members Bohnenberger/Sniff to
authorize the Mayor to sign the Contract with Waste Management of
the Desert. Motion carried unanimously. MINUTE ORDER NO. 90-95.
COUNCIL ADJOURNED TO CLOSED SESSION to discuss negotiations with
Transpacific Development Co. regarding Specific Plan 89-14 pursuant
to Government Code, Section 54956.8.
Council reconvened having given direction to its negotiators
concerning the Transpacific Development Co. and Specific Plan 89-14.
City Council Minutes 6 September 4, 1990
BUSINESS SESSION
3.
Frank Reynolds, City Engineer, updated City Council on the Flood
Insurance Rate Map. Mr. Reynolds displayed and compared the old
Flood Insurance Rate Map with the revised one, and advised that
there will be publicity on this issue, as homeowners should
contact their insurance companies for lower rates.
Tom Hartung, Director of Building & Safety, advised the Council
that there would be little effect on the building pad height and
explained the areas of change on the map and the requirements of
fill dirt before building.
Council Member Sniff suggested the City put an article in the La
Quinta Newsletter and have staff prepare a document with a map
and the material mentioned so the residents can take it with them
to their insurance company.
Council Member Bohnenberger requested the Mayor draft a letter to
Congressman McCandless thanking him for his efforts in getting
the Flood insurance Rate Maps revised.
4. DESIGNATION OF VOTING DELEGATE AND ALTERNATE TO ANNUAL LEAGUE OF
CALIFORNIA CITIES CONFERENCE IN ANAHEIM OCTOBER
21-24.
MOTION - It was moved by Council Members Sniff/Pena to appoint
Council Member Rushworth as the voting delegate and Mayor Pena as
the alternate for the Annual League of California Cities
Conference. Motion carried unanimously. Minute Order No. 90-96
5. DISCUSSION OF MEMBERSHIP IN NATIONAL LEAGUE OF CITIES.
Mr. Kiedrowski advised that the City was a member in the National
League of Cities two years ago at which time it was decided not
to continue the membership. The membership cost is $886.00 per
year which is not budgeted.
Mayor Pena felt the cost was relatively cheap and felt the City
could benefit from the membership.
Council Member Bohnenberger felt it was important to become
involved in a stronger organization.
MOTION - It was moved by Council Members Bohnenberger/Rushworth
to obtain membership in the National League of Cities with the
membership costs coming out of the Council's travel budget.
Motion carried unanimously. MINUTE ORDER NO. 90-97.
C� �y
OF Tt
COUNCIL MEETING DATE: JULY 31, 1990
ITEM TITLE:
REPORT ON IMPLEMENTATION OF HILLSIDE
ORDINANCE
BACKGROUND:
AGENDA CATEGORY:
PUBLIC HEARING:
BUSINESS SESSION:
CONSENT CALENDAR:
STUDY SESSION:
Attached are identified options available to the City Council to
implement the Council policy of prohibiting development of the Open
Space designated areas in La Quinta.
FISCAL IMPLICATIONS:
None
APPROVED BY:
RECOMMENDATION:
Review the report and provide Staff direction.
Submitted by:
Approved for submission to
City Council:
RON KIEDROWSKI, CITY MANAGER
BJ/CC#9/6.F9
a
TO: HONORABLE MAYOR & MEMBERS OF THE CITY COUNCIL
FROM: PLANNING & DEVELOPMENT DEPARTMENT
DATE: JULY 31, 1990
SUBJECT: PROGRAM REGARDING THE HILLSIDE DEVELOPMENT
BACKGROUND:
As requested on April 7, 1990, a program implementation plan
has been prepared for Council consideration. The basic goal
stated by the City Council was to prepare an implementation
plan to enable and facilitate the transfer of public ownership
without interference with the owners' property value of all
currently held private parcels in the area designated as "open
space" in the General Plan.
EXISTING ACRES/OWNERSHIP
There exists approximately 6,743 acres of "open space"
designated and zoned hillside property in the City. The
following illustrates the acreage & percentages of ownership:
8 of % of
City Hillside
Ownership
City Acreage 15,520 100
Hillside Area 6,743 43
Acreage
Public Owned 2,723 18 40
Privately Owned 4,020 26 60
Privately Owned
Developable 650
Acreage in Mts.
(Private/public) 6,093 39
MEMOJH.095/BJ - 1 -
Some of the 6,743 acres are part of project proposals, which
limit development of the acreage, such as, Oak Tree West, PGA
West, Heritage Tract, Point Happy and the area the City is
acquiring for storm water control located in the upper end of
the Cove.
IMPLEMENTATION:
The goal of the City is to emphasize the conservation and
management of the natural resources of the cities open space
areas. The basic objective is to protect these natural
resources, prevent their destruction and preserve their
ecological value. The steps available to implement this
preservation are identified below as a plan of action:
A. Acquire Land In -Fee
Establish a city wide policy encouraging acquisition of
open space designated property. The City has undertaken
an acquisition action in conjunction with Coachella
Valley Water District (CVWD) for the stormwater
improvement in the upper cove area. Ultimately, the
future development of this property will be controlled by
the City. This area includes hillsides and alluvial fan
areas. The City could acquire other property if needed
for flood control.
B. Acquire Development Rights
Establish a City wide policy encouraging property owners
of open space designated property to dedicate or sell
their development rights to the City. A developer may
also buy the development rights and obtain density
bonuses for multi -family projects.
C. Development Limitations
Establish a City wide policy that would condition
development of hillside areas. Conditions that limit
hillside development would be attached to projects during
the review and approval process. This has been done in
the past as illustrated by the following.
1. The Oak Tree West Specific Plan identified the 115
acre mountain area as open space with golf course
development at the base. In addition the 115 acre
area was zoned R-5 which permits golf course
development, other development is limited.
2. The Heritage Club property contains 314 acres which
were originally zoned as National Assets (N-A)
which limited development. Subsequently the
property is now zoned Hillside Conservation.
MEMOJH.095/BJ - 2 -
3. Last, the PGA West Specific Plan prohibited
residential development on the 30 acre "Rocky Slope
Habitat" area west of the Coachella Canal. The
area is zoned R-5 which permits golf course
development, other development is limited.
In summary, currently the City has limited, through
Conditions of Approval, the development of approximately
459 acres of hillside area.
D. Other Government Agencies/Organizations
Currently surrounding the City of La Quinta are mountains
that are located in other jurisdictions, such as the
County, Palm Desert, and Indian Wells. These entities
could be encouraged to adopt stringent hillside
ordinances or to start there own program of acquiring
hillside areas and dedicating the hillside to a public
entity for preservation as open space. Letters
requesting their support could be sent.
In addition, there exists other public
agencies/organizations which can help in acquiring
mountain area for open space. A partial list of these
agencies are: The Bureau of Land Management, the State
of California Wildlife Conservation Board, the Trust for
Public Lands, the Coachella Valley Mountain Conservancy,
and the Coachella Valley Mountain Trust (see detailed
information attached). These organizations are
interested in preserving open space for one reason or
another be it for the Big Horn Habitat, Wildlife habitat
or just natural beauty. These organizations can be
contacted requesting letters of support.
E. General Plan Element
Current General Plan policies have been adopted which
encourage hillside preservation. A specific hillside
preservation element or open space element could be
developed which further delineates the encouragement of
obtaining hillside areas for open space preservation.
The General Plan update will be starting shortly and this
could be included as one or part of an element the
General Plan.
F. Moratorium
Another way of achieving hillside preservation is to
adopt a moratorium under the Urgency Ordinance provisions
of the Government Code. This moratorium can be adopted
for an interim period of 45 days as a means of protecting
the public safety and welfare. This Urgency Ordinance
may be adopted without any public hearing or comments.
This Urgency Ordinance may be extended after public
MEMOJH.095/BJ - 3 -
notice and hearing for up to a total period of two
years. During this period of time, the City will be
working on preserving the open space areas of La Quinta.
If a moratorium is used as an option, a point of
clarification is needed regarding the intent of the
Council. Should the City encourage the preservation of
the rocky mountain -area which includes all of the area
designated as open space by the General Plan Land Use Map
and Zone Hillside Conservation, or should the alluvial
fan areas having less than 20% slope and are not rock be
excluded.
G. Existing Ordinance
The City could rely on the adopted Hillside Conservation
Ordinance as the tool of preserving the hillside areas.
This Ordinance required detailed engineering studies to
be submitted when a property owner/developer proposed to
develop within the Hillside Conservation Zone. Each
proposal is reviewed on a case by case basis. Conditions
preserving the hillside could be attached similar to what
has been done in the past.
SUMMARY:
The options above are listed for City Council consideration.
The options are identified as a means of providing various
avenues that can be taken to accomplish the City Council policy
of prohibiting/limiting development of the Open Space
designated areas of La Quinta. The options can be implemented
jointly or independently depending upon direction given to
Staff.
As illustrated, the City has taken steps in the past in
limiting development of the Open Space areas/hillsides within
the City of La Quinta. Roughly 875 acres have development
limitations attached by the City or is currently being acquired
by the City as part of the storm water improvements in the
upper Cove area. This represents 47% of the total Open Space
designated areas.
As a reminder the Hillside Conservation Committee has indicated
their willingness to help implement preservation of the Open
Space areas of La Quinta.
MEMOJH.095/BJ - 4 -
ENVIRONMENTAL CONSERVATION COMMITTEE
CITY OF LA QUINTA
TO: Honorable Mayor and City Council Members
FROM: Fred Wolff,
Chairma 40
DATE: July 24, 1990
SUBJECT: Response to Implementation Plan for Hillside
Protection Policy
Today I had the first opportunity to review the
implementation plan 'prepared by staff for the policy adopted
by the City Council on our Committee's recommendations.
Since I'll be gone on vacation at the time you'll be
reviewing this document, please accept my comments in
writing.
I have some concerns about this document; it just doesn't
respond to the direction given by the Council at the meeting
in April for the following reasons:
1. It is NOT an implementation plan, but rather a menu for
the Council to chose from ... and then develop an
implementation process based on, your choice. In other
words, it's no plan for action.
2. The document introduces seven options, some of which may
be applicable in the process of meeting the Council's
policy. Some others are not practical for implementation.
3. Four months of the "Year of No Development" have now gone
by. More time will be wasted if no clear direction
is provided and a new plan has to be developed.
There was an informal commitment that our Committee would
be involved in the development of the implementation plan.
However, this is our first view of the product.
1 respectfully suggest that the implementation plan can be
very simple and that the three months period was really not
needed. Please consider the following:
The Council took the following actions:
1. It shall be the policy of the City to protect in
perpetuity the "open space" areas as designated in the
General Plan from any development.
2. No development shall be approved in the area designated
as "open space° for a period of one year.
3. During that year the City will make every effort to
convert all parcels now privately owned into public
ownership.
4. The City Council will assess the program at the end of
the year.
That's all! Here is how it can be easily implemented:
1. Assi`gn personnel the responsibility for carrying out this
program. If the Council is serious about this, a definite
assignment should be made, allowing for time —commitment
from staff. I strongly recommend that our Committee
participate in the implementation.
2. Let assigned staff (with our Committee) explore the
options presented in the document submitted to you.
2. Contact all organizations who buy or trade hillside land,
as identified in Section D of the staff plan. Obtain
firm commitments of action.
3. Contact all owners of parcels in the "open space" areas.
Ascertain.
3.1. Which owners would be willing to sell or exchange
their parcels voluntarily.
3.2. Which owners would be willing to dedicate their
parcels to the City.
3.3. Which owners would keep their parcels, zoned for no
development.
4. Serve as middleman for bringing owners and organizations
together.
5. Develop a strategy for owners not willing to participate.
6. Report to the City Council at the end of the year.
It's really a very simple plan. Please act on it at this
meeting; so much time.has already been wasted.
Thank you.
CHAPTER 9.145
H.C. ZONE (HILLSIDE CONSERVATION ZONE)
Sections•
9.145.005
.010
.015
.020
.025
.030
.035
.040
.045
.050
.055
.060
.065
.070
.075
Generally
Purpose and Intent
Application to Property
Permitted Uses
Plot Plan Review Required
Design Review Required
Engineering Reviews Required
Other Studies Required
Grading, Grubbing, Scarring Control
Development Standards
Division of HC Zoned Land
Transfer of Development Rights
Alteration of the Location of the Toe of the
Slope
Recreation/Open Space Ownership and
Maintenance
Change of Designation
9.145.005 GENERALLY.
A. The Hillside Conservation
within the City of La
Plan as "Open Space".
(H.C.) Zone applies to all land
Quinta designated in the General
B. The Hillside Conservation
specifically to land meeting
above "the toe of the slope",
"Application to Property",
sections (San Bernardino Base
City of La Quinta:
(H.C.) Ordinance applies
the definitions of being
as defined in 9.145.015
within the following 19
and Meridian) within the
TSS, R7E: Sections 19,
TSS, R6E: Section 36;
T6S, R6E: Sections 1,
T6S, R7E: Sections 6,
28, 29, 30.
25, 30;
12, 13, 24, 25;
7, 8, 17, 18, 19, 20,
C. The H.C. Ordinance shall also apply to each and every
parcel of land within the city (without otherwise being
noted on exhibit or map which is added to the City by
annexation, dedication, or other means) meeting the
definitions of being above "the toe of the slope".
BJ/ORDDRFT.003 - 1 -
D. Except as specifically provided elsewhere in this title,
any and all disturbance of natural terrain, grubbing,
grading, new use, and every new building and premises or
land in the H.C. zone shall be used for or occupied and
every building shall be erected, constructed, established,
altered, enlarged, maintained, moved into or within such
H.C. Zone exclusively and only in accordance with
regulations set forth in this chapter.
9.145.010 PURPOSE AND INTENT.
A. The purpose of this Chapter is twofold: 1) to define
those hillside areas which are not developable, from
either a public safety or engineering perspective, and to
prevent inappropriate, development on them; and 2) for
those hillside areas which are developable, to ensure the
safety of the public, and to ensure that the placement,
density, and type of all hillside development within the
City of La Quinta is suitable to the topography of the
existing terrain, that proposed developments will provide
for minimal disturbance of the existing terrain and
natural habitat, and that the natural hillside
characteristics will be retained wherever practicable.
B. It is the further purpose of this Chapter to implement
the goals and policies of the General Plan and to achieve
the following objectives:
1. To protect the public from hazards associated with
hillside development, including seismic activity,
landslides, flooding, inaccessibility from fire and
emergency services, lack of water for fire control,
wild fires, collapse of roads, and similar risks.
To protect and conserve hillside ecosystems through
the retention of unique natural topographic
features and hillside characteristics, including
drainage patterns, streams, slopes, ridgelines,
rock outcroppings, vistas, natural vegetation, and
the habitats and migratory routes of animals;
3. To maximize
the retention of the City's
natural
topographic
features, including, but not
limited
to, mountainsides,
mountain faces,
skyline
profiles,
ridgelines, ridgecrests, hilltops,
hillsides,
slopes, arroyos, ravines,
canyons,
prominent
vegetation, rock outcrops,
view
corridors,
and scenic vistas, through the
careful
limitation
and selection of building sites
and
building pads on said topographic features,
thereby
enhancing the
beauty of the City's landscape.
BJ/ORDDRFT.003 - 2 -
4. To assure that developmental use of said topographic
features will relate to the surrounding topography
and will not be conspicuous and obtrusive because of
the design and location of said developmental use;
5. To reduce the scarring effects of excessive grading
for roads, building pads, and cut and fill slopes.
6. To balance public and private interests while
preserving the hillsides.
9.145.015 APPLICATION TO PROPERTY.
A. In the La Quinta General Plan, all hillsides and some
alluvial fans are designated "open space". In general,
the dividing line between open space and other land uses
is meant to follow and be bounded by "the toe of the
slope." The area above "the toe of the slope" includes
not only hillsides, but also alluvial fans which are not
protected by flood control structures, and drainage ways
and stream courses which have some potential for
flooding. In general, alluvial fans not exceeding 20%
slope are developable consistent with this chapter either
through the transfer of residential units from contiguous
hillside areas, by change of designation (9.145.075) by
providing flood protection (9.145.065).
B. For any parcel subject to the jurisdiction of the City of
La Quinta, the City Engineer, upon viewing the site and
considering'a land suitability study (containing all the
requirements in .035) submitted by the applicant shall
determine the boundary between the developable and the
undevelopable portions of the parcel by locating "the toe
of the slope", using the following criteria (more than one
criterion may apply):
1. The point where water -borne alluvial material not
exceeding 20% slope begins to collect to a depth of
one foot or more;
2. The dividing line between steeper rock formations
and more gently sloping alluvium, i.e., where there
is a noticeable break in the angle of slope from
steep to shallow;
3. Where the angle of slope exceeds 20%;
4. An area unprotected from flooding potential, i.e.,
an area above the uppermost flood control
structure which intercepts runoff (in the form of
either natural water courses or as overland sheet
flow) and directs it to a controlled stormwater
diversion channel (see Section .065).
BJ/ORDDRFT.003 - 3 -
9.145.020 PERMITTED USES.
A. No development (except as provided under Subsection D,
below) shall be approved for slopes exceeding 20%.
B. The following are exempt from the requirements of this
Chapter: tracts and specific plans already approved.
C. The following uses within the HC Zone shall be permitted
on alluvial fans with slopes not exceeding 20%:
a.) Golf 'courses (not including above -ground
structures), but permitting fairways, greens, tees,
and golf -cart paths to access them;
b.) Flood -control structures;
c.) Parks, lakes, and passive recreation
facilities;
d.) Water wells, pumping stations, and water tanks
(if properly screened or painted);
e.) Power, telephone, and cable substations and
transmission lines (if properly screened or
painted);
f.) T.V., cable, and radio antennas;
g.) Hiking and equestrian trails;
h.) Single family residential uses;
i.) Accessory uses necessary to accomplish the
permitted uses such as roads, gate -houses, on -site
subdivision signs, parking lots, noncommercial
community association, recreation, and assembly
buildings and facilities.
D. The following uses within the HC Zone shall be permitted
on slopes exceeding 20%:
a.) Hiking and equestrian trails not permitting
vehicles;
b.) Access roads which shall be non -visible unless
applicant can prove to the City that the only access
to a non -visible area must traverse a visible area.
(Ownership or non -ownership of property is not
sufficient proof of reason to place a road in a
visible area.) Roads cannot exceed 15% grade.
9.145.025 CONDITIONAL USE PERMIT REVIEW REQUIRED.
All development within the H.C. Zone shall file and receive
approval (or modification) of plans by means of the Conditional
Use Permit approval processes described in Chapter 9.172 plus
all requirements of this chapter.
BJ/ORDDRFT.003 - 4 -
9.145.030 DESIGN REVIEW.
All development in the HC Zone shall be subject to Design
Review pursuant to Chapter 9.183 Design Review.
"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 H.C. Zone property.
9.145.035 ENGINEERING REVIEWS REQUIRED.
For every home site or for every subdivision proposed within
the H.C. Zone, the following reports shall be prepared by a
California -licensed engineer (licensed in the' appropriate
discipline), and filed with the City Engineer (unless
specifically waived by the City Engineer based on a site visit
to the proposed site):
a.) Hydrology, drainage, and flooding report for all
sites;
b.) Soil survey of the sites proposed attesting to
stability of all sites, and the appropriateness of the
construction method proposed;
c.) Underlying geology/engineering report, attesting to
stability of all sites;
d.) Seismic analysis attesting to the stability of the
site(s) and addressing the potential of material above
the site(s) impacting the site(s);
e.) Access plan showing the preliminary engineering for
roads giving access to the proposed site(s);
f.) Grading plan for the construction site(s) and access
routes.
g.) 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.
The City Engineer shall specifically approve each proposed site
and access route based on the submitted reports.
9.145.040 OTHER STUDIES REQUIRED.
The following studies shall be filed with the Planning and
Development Department as a part of the application process:
A. All development in the HC Zone shall be subject to a
review by a qualified biologist, which addresses the
following:
1. Natural vegetation and native plants which may be
affected by the project;
BJ/ORDDRFT.003 - 5 -
2. Wildlife habitats, migratory routes (e.g., for
Bighorn sheep), and native animal species;
3. Plan to maintain corridors for wildlife habitat and
movement of animals within H.C. Zone.
B. All development in the H.C. Zone shall be subject to a
review by a qualified archaeologist, which addresses the
following:
1. A thorough examination of the site for
archaeological remains;
2. A plan for the salvage of any significant findings;
3. A review of the site for any significant historic
or cultural resources.
C. A plan for the preservation of all areas exceeding slopes
above 10% (as per Section 9.145.045 J.), including:
1. The designation of all areas exceeding 10% slope,
with the degree of slope noted, and the calculation
of the percent to be left undisturbed;
2. The designation of all water courses both natural
and man-made, with plans for the preservation
and/or reintroduction of drought tolerant plants.
Water courses shall be designated as Open Space;
3. A monitoring program (following CEQA) for the
preservation of open spaces.
9.145.045 GRADING. GRUBBING AND SCARRING CONTROL.
A. No permits shall be issued for any grading, grubbing,
building or structure in the H.C. Zone until grading
plans, slope planting and irrigation plans, and building
elevations for design review have been submitted to the
Planning Commission for recommendation and to the City
Council for approval. In reviewing plans for grading,
slope planting and irrigation, native revegetation,
mitigation of scarring caused by grubbing and grading,
preservation of the natural state of the hillsides and
water courses (based on slope angle) and building
elevations, the Commission and Council shall consider the
purpose and intent of this chapter and the criteria
established in Section 9.145.050, together with
applicable standards and shall approve the design if all
applicable provisions are met.
BJ/ORDDRFT.003 - 6 -
B. Conditions may be applied when the proposed development
does not comply with applicable standards and shall be
such as to bring such development into conformity or the
plans and drawings may be disapproved and the City shall
specify the standard or standards that are not met.
C. The Applicant or Developer shall be responsible for the
maintenance of all slope planting and irrigation systems
until such time as the properties are occupied or until a
homeowner's association accepts the responsibility to
maintain the landscaping in common areas, or other
maintenance district formation is established.
D. Any person who fails to protect the natural terrain,
defaces, grades, grubs, scars, or otherwise disrupts the
natural terrain in the H.C. Zone without prior City
approval of plans for such work, subject to this Chapter,
shall have created a public nuisance which shall be
abated. Abatement may include the property owner
undertaking the restoration (under City supervision and
monitoring), or that failing, City -contracted restoration
of the disrupted area. The property owner may be charged
the cost of the restoration together with the direct
costs of supervision and monitoring of the restoration.
If the property owner fails to reimburse the City the
costs incurred, a lien against the property for payment
may be instituted and collected.
E. Any plans which are being considered by the City for
possible approval of development shall at the time of
discovery of the creation of the public nuisance be
denied by the considering body. After such time as the
public nuisance has been completely abated, the plans may
be resubmitted, upon payment of all required fees.
F. The provisions of this section shall be in addition to
other Municipal Code titles and regulations applicable to
grading activities within the City. No grading shall be
conducted, nor shall any grading permit be issued for any
grading in the H.C. Zone until grading plans and special
drawings showing grading and topography as viewed from
critical locations within the neighborhood or community
have been submitted to the Planning Commission for
recommendation and to the City Council for approval.
G. The Commission and Council shall consider the following
matters of particular concern in their review of grading
proposals in the H.C. Zone. Conditions may be attached
to the approval of grading plans so as to achieve the
purpose and intent of this chapter and the following
objectives:
1. The health and safety of the public;
BJ/ORDDRFT.003 - 7 -
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;
3. 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
features; and,
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;
6. The maximum retention of vistas, and natural
topographic features including mountainsides,
ridgelines, hilltops, slopes, rock outcroppings,
arroyos, ravines, and canyons.
H. All land areas with 20% or greater slope shall not be
graded in any manner except at the specific discretion of
the City Council, and only where it can be shown that a
minimum amount of development is in the spirit of, and
not incompatible with, the purposes and policies set
forth in this article.
I. The following table indicates those minimum percentages
of the ground surface of a site which shall remain in a
natural state (no cut or fill or grubbing) or be
developed solely for recreational purposes based on the
average percent slope of a parcel:
BJ/ORDDRFT.003 - 8 -
TABLE OF NATURAL SITE TO BE PRESERVED
MINIMUM PERCENT OF SITE TO REMAIN
IN NATURAL STATE (NO CUT OR FILL
AVERAGE PERCENT SLOPE OR GRUBBING) OR BE DEVELOPED
OF SITE SOLELY FOR RECREATIONAL/OPEN
SPACE PURPOSES
10.0 - 12.4 70.0
12.5 - 14.9 77.5
15.0 - 17.4 85.0
17.5 - 19.9 92.5
20.00 or more 100.0
"Average Percent Slope" means the average natural
inclination of the ground surface of a lot or parcel
expressed as a percent and as measured by the following
formula:
S = 0.002296xIxL
A
Where: S = Average Natural Slope in Percent
I = Natural Contour Interval in Feet
L = Length of Natural Contour in Feet
A = Acres of Property (Parcel of Record
Existing on November 13, 1979)
0.002296 = Constant which Converts Square Feet into
Acres and Expresses Slope in Percent
9.145.050 DEVELOPMENT STANDARDS.
A. Maximum density and minimum lot permitted. In the H.C.
Zone the maximum density permitted shall be one
residential unit per 10 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" to take advantage of buildable
areas with lower slope angles, provided the overall
density for the parcel of one unit per ten acres is not
exceeded. Structures shall remain single family,
BJ/ORDDRFT.003 - 9
separated, on individual lots having an area of at least
7,200 square feet.
B. Yard (setback) requirements. The requirements for R-1
zone shall apply,
C. Heights. The requirements for R-1 zone shall apply,
except that no structure shall be placed in such a way
that its outline is visible above a ridgeline.
D. Auto storage. On -site parking requirements shall follow
Chapter 9,.160 OFF STREET PARKING.
E. Equipment. No roof -top equipment for heating, cooling or
other purposes will be permitted.
F. Architectural treatment. The architectural treatment of
structures within the HC Zone shall be compatible with the
setting of the structure and shall be generally con-
sistent with requirements of the desert setting and other
architectural treatments found elsewhere in the City. Use
of indigenous materials for the structure of walls should
be encouraged. Fencing and walls must follow SR Zoning
requirements.
G. Landscaping. On the cut or pad occupied by the structure,
landscaping may be left to the choice of the homeowner,
providing some selection of drought -tolerant species is
observed. Elsewhere on the site (or open space), native
vegetation shall be undisturbed (or recreated after
approved grading).
H. Utilities. All utilities shall be placed underground,
except for water tanks and substations which shall be
appropriately screened and/or painted in colors to blend
into the background.
9.145.055 DIVISION OF H.C. ZONED LANDS.
In order to assure compliance with the provisions of this
chapter where a planned residential development is not required
pursuant to Chapter 9.148., there shall be submitted, for every
property within or partially within H.C. Zoned land, along with
every tentative subdivision map and parcel map filed for
approval, in accordance with the provisions of Municipal Code
Title 13, a preliminary grading plan (and other requirements of
this chapter) showing at least one practical, usable,
accessible building site which can be developed in accordance
with the provisions of this chapter for each lot or parcel.
BJ/ORDDRFT.003 - 10 -
9.145.060 TRANSFER OF DEVELOPMENT RIGHTS.
A. Transfers of development rights shall follow the
procedures and standards presented in Chapter 9.146,
Transfer of Development Rights.
B. Any owner of property within the H.C. Zone may transfer
development rights from the H.C. Zone on the basis of one
residential unit per 10 acres.
C. The property receiving the transfer of development rights
may be:
1. A subdivided portion of the same property below "the
toe of the slope," as presented in a Specific Plan;
or,
2. by means of sale to any area of the City which has
been General Plan designated as medium density (8
units per acre) or higher (except the SR zone
within the Cove area which is single family on
small lots in character), provided the increase for
any particular parcel does not exceed 20% of the
General Plan density designation.
D. Any owner of property with the H.C. Zone may sell,
bequeath or transfer the development rights of the
property, in accordance with this Chapter (9.145) and the
Chapter on Transfer of Development Rights or Credits
(9.146) to any governmental jurisdiction or any properly
organized nonprofit organization whose charter allows for
the ownership and/or transfer of development rights. Said
governmental jurisdiction or nonprofit organization may
retain or sell or transfer acquire development rights in
accordance with the Chapter on Transfer of Development
Rights (9.146).
9.145.065 ALTERATION OF THE LOCATION OF THE TOE OF THE SLOPE.
If, as a result of an approved developmental project, a flood
control structure is placed higher on a hillside area so that
an area of alluvial fan becomes protected from flooding
potential (or if the location of the toe of the slope is moved
by altering some other criterion), the new area below "the toe
of the slope" shall remain zoned H.C. (Hillside Conservation),
and the Conditional Use Permit approved for the site shall
determine the effective density of the developable portion by
virtue of the transfer of development rights from the hillside
areas to the developable portion of the property.
BJ/ORDDRFT.003 - 11 -
9.145.070 RECREATIONAL/OPEN SPACE OWNERSHIP AND MAINTENANCE.
A. Those areas located within a hillside development
controlled by this chapter which are to remain as
undeveloped open spaces, such as undevelopable slopes and
natural landmarks, etc., which are to be used for game
preserve, recreational, or open space purposes, may be
offered, through dedication, to a governmental
jurisdiction, or to a not -for -profit land trust,
conservancy, or similar organization whose charter allows
for the ownership of development rights which will
preserve the natural open space of the hillside. area in
perpetuity.
B. If, however, the public agency, or City, or land trust,
conservancy, or similar organization does not accept such
an offer (or if such an offer is not made), 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 separate 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. Where necessary and
appropriate, maintenance in perpetuity shall be
guaranteed through the bond of the Developer.
9.145.075 CHANGE OF DESIGNATION.
All lands within the Hillside Conservation Zone are designated
on the General Plan Land Use Map as "open space." A property
owner may propose a change of designation from "open space" and
"HC" zones by means all of the of the following procedures:
A. General Plan Amendment from "open space" designation to
an equally appropriate category.
B. A change of zone from HC to an equally appropriate zone;
C. Submission of a specific plan for the property;
D. Satisfaction of the engineering and other reviews
required in Section 9.145.035 and .040;
E. Compliance with all other sections of this Chapter except
9.145.020; 9.145.050 A,B,C; 9.145.060; and 9.145.065.
BJ/ORDDRFT.003 - 12 -
CHAPTER 9.146
TRANSFER OF DEVELOPMENT RIGHTS
SECTIONS:
9.146.05
Generally
9.146.10
Definitions
9.146.15
Procedures
9.146.20
Timing
9.146.25
Documentation
9.146.05 GENERALLY
A. All transfers of development rights 'or credits shall
follow the definitions, procedures, timing, and
documentation presented in this Chapter, and shall observe
the restrictions and guidelines presented in other
enabling chapters, such as Chapter 9.145, Hillside
Conservation Zone, and others which may be from time to
time adopted enabling transfers of development rights or
credits.
B. The purpose of this Chapter is to provide the process by
which development rights or credits may be transferred
from donor parcels to receiving parcels such as in Open
Space land use designations to enable it to be preserved
as open space, and other purposes which may be adopted in
other enabling legislation. Such transfers of development
rights or credits may be within the same property, or may
take place from one property to another by means of sale.
C. Transfers shall take place under the guidance of the City
and shall be documented by means of recordation.
9.146.10 DEFINITIONS
A. Development Right or Credit: A potential entitlement
created by a land use designation and, by adoption of a
zoning category, applying to a parcel of land, to
construct one dwelling unit per a given number of square
feet or per a given number of acres, which can only be
exercised when the development right or credit has been
transferred pursuant to the provisions of this Chapter and
the enabling Chapter, from a donor parcel to a receiving
parcel, and all other requirements of law are fulfilled.
BJ/ORDDRFT.001 - 1 -
B. Donor Parcel: A parcel, from which all potential
entitlements for residential development are transferred
(by means of sale, or transfer to another parcel) and
thereby extinguished. A subdivision shall be required to
separate developable from undevelopable portions of the
parcel.
C. Receiving Parcel: A parcel, to which. potential
entitlements for residential development are transferred
up to the limits of the enabling Chapters, and exist in
addition to any potential entitlements created by General
Plan Land Use Designation and Density Specification and in
addition to any zoning which applies to the parcel.
D. Fractions: Development rights or credits may be
transferred as a fraction carried to the second decimal
place, rounded up or down to the second place following
the rule of the third decimal being 0-4, round down; 5-9
round up to the next digit in the second decimal place.
When applied to the receiving parcel, the number of
credits (carried to the second decimal place) will be
spread across the acreage of the receiving parcel and will
be translated into an increment of additional development
entitlements carried to two decimal places per acre.
E. Density Bonuses: Transferred development rights or
credits shall not be counted in the basis for density
bonuses granted for providing for affordable housing or
good design or special amenities. The order in which
bonuses and transferred rights or credits are applied
shall be as follows:
1. The base density ranges as per the General Plan;
2. Density bonuses applied for providing affordable
housing (up to 30 percent of the base density alone);
3. Density bonuses for good design or special amenities
(up to 10 percent of the base density alone);
4. Transferred densities added to the final figure of
any density bonuses. Transferred densities shall
not become a part of the base on which bonuses are
figured.
5. In no case shall the sum of all density bonus and
tranferrerd densities (if all are maximized) exceed
60% of the base density in the General Plan.
F. Enabling Chapter: A chapter of Title 9 of the La Quinta
Municipal Code which creates and further specifies and
limits the transfer of development rights or credits, such
as 9.145 "Hillside Conservation Zone".
BJ/ORDDRFT.001 - 2
G. Timing: The time limits as specified in Section 9.146.20
Timing.
H. Documentation: The requirements for City approval,
recordation and notice to the City of La Quinta of such
recordation, following example language specified in
9.146.25 Documentation.
9.146.15 PROCEDURES
A. The enabling Chapter shall specify by class the donor
parcels and the receiving parcels; the number of
residential development rights or credits which can be
transferred per square footage or per acre; and the limits
of development rights or credits which can be transferred
to any one parcel.
B. The donor parcels, from which development rights are being
removed must:
1. Remove all development rights or credits at the same
time (residual development rights or credits cannot
be left on the property);
2. Be mappable; according to the Subdivision Map Act
requirements, i.e., a legal description and a total
acreage will be required to be recorded.
3. Record a document which acknowledges that all
development rights or credits for the described
parcel have been extinguished and that no further
residential development can occur on the parcel.
C. The receiving parcel, to which development rights or
credits are being transferred, must:
1. Be mappable; according to the Subdivision Map Act
requirements, i.e., a legal description and a total
acreage will be required to be recorded;
2. Record a document of affixture (or attachment) which
has been attested to by the City Clerk of the City
of La Quinta, tying the transferred development
rights or credits to a specific parcel, in
perpetuity, following the sense of the example of
language contained in Section 9.146.25 Documentation.
D. This document of transfer and affixture must be recorded.
Evidence of the Recordation must be supplied to the City
Clerk of the City of La Quinta within 30 days of the date
of attestation by the City Clerk.
BJ/ORDDRFT.001 - 3 -
E. The City Clerk shall only attest to a transfer of
development rights or credits upon receipt of written
authorization from the City Manager. The City Manager
shall only authorize such transfer after receiving a
report from the Planning and Development Department
containing a recommendation and a synopsis of the
engineering report from the Public Works Director.
F. If a property consists of both undevelopable and
developable portions, the applicant may apply for the
subdivision of the parcel to allow transfer of rights from
the undevelopable portion to the developable portion.
9.146.20 TIMING
A. A condition of approval of the development rights transfer
shall specify the donor and receiving parcels subject to
the transfer which shall be recorded no later than 90 days
from the date of Council approval.
B. In the event that a parcel of hillside land (with
development rights still attached) is granted, bequeathed,
sold, transferred, given or otherwise becomes the property
of a not -for -profit land trust, conservancy, or public
agency, the receiving entity shall have an unlimited
period from the date of receipt in which to dispose of the
development rights ' by sale or other means. When
development rights are transferred to a specific receiving
parcel, the 90 day time limit shall apply as in "A" above.
9.146.25 DOCUMENTATION
A. There shall be recorded for the donor parcel a document
having the sense of the following:
1. A legal description and a total acreage of the
parcel or portion of the parcel.
2. The total number of development rights or credits
being removed from the property.
3. An acknowledgement that no further residential
development rights or credits shall accrue to the
parcel in perpetuity.
4. The assessor's parcel number of the parcel to which
the development rights or credits are being
transferred.
5. An attestation by the City Clerk of the City of La
Quinta (dated).
6. The signature, name and address of the owner of the
parcel.
BJ/ORDDRFT.001 - 4 -
B. There shall be recorded for the receiving parcel a
document having the sense of the following:
1. "In addition to the number of dwellings units on
this parcel APN# (legal description and
total acreage attached as Exhibit A) which may be
permitted by the City of La Quinta by virtue of the
General Plan Land Use and Density Designations, this
parcel shall be permitted (number) of
additional dwelling units per acre, which have been
transferred to this parcel pursuant to Chapter 9.146
of the Municipal Code, Transfer of Development
Rights."
"These additional dwelling units are hereby affixed
to this parcel APN# Iand may not be
further transferred, sold, traded, or otherwise
removed from this parcel, except by the purchase by
the City of La Quinta or other public agency
authorized by the City."
The Assessor's Parcel Number(s) of the donor
parcel(s) from which the development rights or
credits have been removed and transferred and
affixed to this parcel.
4. The signature of the City Clerk of the City of La
Quinta affixed below attests to the legitimate
transfer of these development rights to this
property (as described in Exhibit A).
City Clerk, City of La Quinta Date
Owner of APN Date
ADDRESS
BJ/ORDDRFT.001 - 5 -
MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: PLANNING & DEVELOPMENT DEPARTMENT
DATE: SEPTEMBER 4, 1990
SUBJECT: IMPLEMENTATION OF THE HILLSIDE ORDINANCE
ACTIONS TO DATE:
The following is in summary of the actions taken to date regarding the Hillside
Conservation Ordinance.
1. After numerous months of preparation, Planning Commission hearings, the
City Council on September 19, 1989, conducted a public hearing regarding the
adoption of Ordinance 147, the Hillside Conservation Zone. After discussion
and public testimony, the City Council determined that preservation of the
hillside was a high priority and introduced for first reading Ordinance 147.
On October 3, 1989, the second reading for Ordinance 147 was conducted
making the effective date of the Hillside Conservation Zone November 4, 1989.
(Exhibit A)
2. On October 17, 1989, the Council considered a proposal to establish an
Environmental Conservation Committee, with responsibility of reviewing the
Hillside Conservation Ordinance and reporting back to the Council as to any
modifications or revisions that might be appropriate in its implementation.
The committee was established to run for 90 days expiring around January 17,
1990. The committee conducted numerous meetings and in January, 1990
prepared their report and recommendation on the Hillside Conservation
Ordinance.
3. January 16, 1990, the City Council received the report from the Environmental
Conservation Committee. In the report it indicated that the Hillside
Conservation Zone, Chapter 9.145 of the La Quinta Municipal Code did not
adequately protect the open space/hillside areas in La Quinta from
development. The Committee went on to request that as a long term goal the
City should, without the open space area, acquire all of the privately owned
parcels and put them into public ownership with no loss of value to the private
owners. The recommendation further requested a moratorium on development
in the open space designated areas. At the conclusion, the Committee
requested the Council to take action on their recommendations within 60-days.
The City Council, after hearing comments and discussion, referred the
MEMOJH.006
'r
Committee's report to the Planning Commission for review and comment within
60-days. In addition, the City Attorney was requested to review the proposal
to determine how the recommendation relates to current law.
4. On March 13, 1990, the Planning. Commission considered the Environmental
Committee's recommendation. The Commission discussed the ramifications of
the Committee's report and recommended, on a vote 2-1-2, that the City
Council take no action on the Committee's report at this time. Commissioners
Bund and Steding supported this motion. Commissioner Zelles in opposition
with Commissioner Moran and Chairman Walling abstaining.
5. On April 17, 1990, the Planning Commission's recommendation of no action was
considered by the City Council. After discussion, the Council adopted a
four-part policy in response to the recommendations of the Environmental
Conservation Committee.
In summary this motion encouraged the City to: 1. ) acquire privately owned
property and put that property in public ownership without interference with
the property owners value; 2. )Committed to a one year implementation period
in which time no development projects would be approved in the designated
areas; 3.) Have Staff prepare, within 90-days, an outline of an
implementation program and within 6 months the Council will review the
program; and 4.) At the end of one year will assess the success of the
program and provide appropriate adjustments or changes to continue the
implementation of the goal. (Exhibit B)
6. On July 31, 1990, Staff presented to the Council general background
information and a list of seven options (Exhibit C) available to the Council to
implement the policy. Basically the options identified are as follows:
a. Acquire land.
b. Acquire development rights.
c. Adopt development limitations.
d. Obtain other governmental organizational support and acquisition.
e. Broaden an element of the General Plan to deal with the hillside.
f. Adopt a moratorium prohibiting development.
g. Permit the existing Hillside Conservation Ordinance to function and deal
with projects on a project by project basis.
The Environmental Conservation Committee felt this was not an implementation
plan, but rather a menu from which the Council could choose. Therefore the
Committee provided a separate recommendation. (Exhibit D) After discussion
a motion was proposed, similar to the Conservation Committee's
recommendation, but was withdrawn. The proposed motion was then referred
to the Planning Commission and Environmental Conservation Committee for
their review and comment. (Exhibit E) In addition, the City Council
requested the Staff prepare maps identifying, as best as possible, the toe of
the slope, and what properties in the City have development restrictions.
These maps will be presented at the City Council meeting as they are to large
to reduce and attach to this report. There are approximately 875 acres that
have development limitations, be it property acquired by the City, or
properties that have been limited through the approval process. These
MEMOJH.006
properties are: Oak Tree West, The Heritage Club, PGA West, and the City's
acquisition in the upper Cove area for the storm water system.
7. On August 13, 1990, the Planning Commission considered the draft City
Council motion. The Commission received comments from interested
individuals. In addition, a written proposal was submitted by Mark Moran.
The Commission discussed the issues and comments received. The minutes
(attached Exhibit F) reflect these comments. On a 2-1-2 vote the Planning
Commission recommended that the Council change the word "hillside" in Item
#4 of the draft motion to "Open Space". Other changes were recommended
regarding Staff identification. In addition, the Commission recommended that
the Council review Mr. Moran's proposal and perhaps it could be considered
as an implementation option. (Exhibit G)
8. The Environmental Conservation Committee met on August 17th and proposed
modifications to the draft Council motion. (Exhibit H)
As you can see, it has been approximately one year since the adoption of the original
Hillside Conservation Ordinance. As of today no formal applications have been
submitted to the City for development in the hillside conservation zone. Numerous
discussions have taken place with property owners, Bureau' of Land Management,
and U. S. Forest Service regarding development and future land acquisitions. Also
letters have been sent to BLM asking for their help and support in acquiring
property for preservation.
In addition, a recent a letter (attached Exhibit I) was submitted from a property
owner threatening litigation.
ANALYSIS:
The City has adopted a very strong Hillside Conservation Ordinance, one of
the strongest in the Valley. The Ordinance requires very detailed
environmental and engineering reports before development can be proposed.
Public Hearings must be conducted before the Planning Commission and City
Council to allow citizen input. Mitigation conditions will be required as part
of the review process.
2. Some members of the community, do not think this is Ordinance is strong
enough. In response, the Council appointed a committee to review the
Ordinance and propose changes to improve the Ordinance.
3. The Planning Commission is divided on the issues of preserving the hillsides
versus the hillsides alluvial fans.
Therefore the question becomes, "What does the City want to protect/preserve? The
hillsides, alluvial fans, or both?
Looking around the community, you see that the City is developed on an alluvial fan.
The Cove area, La Quinta Hotel/Santa Rosa Cove development, Laguna de Is Paz,
Catholic Church, residential area north of the Church, future Heritage Club, Oak
Tree West, PGA West, and Lake Cahuilla or, every development along the mountains
are on an alluvial fan.
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The City is, or has been, acquiring land along the mountains as part of the storm
water system, conditioning development approvals regarding mountain development,
and talking/meeting with other governmental agencies trying to preserve our
hillsides.
OPTIONS/DIRECTIONS:
There are a number of options or directions the Council can take.
Rely on the existing Hillside Conservation Ordinance for the preservation of
the hillsides in the City of La Quints. Recognizing that both the Planning
Commission and City Council will have public hearing opportunities to review
these projects and attach conditions that will preserve or enhance the
preservation of the hillsides in the City of La Quints. This Ordinance is one
of the strongest ordinances in the Valley. It should probably be promoted to
the other communities that have a hillside as a means of preserving their
hillsides.
2. Adopt options from the menu identified by Staff, to be implemented as a means
of preserving the mountains.
3. Adopt the recommendation and report from the Environmental Conservation
Committee and direct a particular Staff or department to implement.
4. The last option is to send the matter back to the Planning Commission
providing Council guidance for further review and consideration on how to
strengthen, if needed, the Hillside Conservation Ordinance.
RECOMMENDATION:
It is recommended that the City Council adopt the following, which is a combination
of the existing Ordinance and the recommendation of the Planning Commission and
Environmental Committee.
Re-establish the Environmental Conservation Committee, not exceed seven
members. The Committees responsibilities will be to work with assigned City
personnel to carry out the following:
Work with the assigned City personnel in:
a. Contacting all organizations that buy and trade hillside lands as
identified in Section D of the July 31, 1990, Staff report, obtaining
commitments of action where possible;
b. Contacting all property owners in the "Open Space" areas of the City
of La Quints, ascertaining:
1.) Which ones would be willing to sell or exchange their parcels
voluntarily.
2.) Which ones would be willing to dedicate their parcels to the City.
3). Which ones would prefer to keep their parcels as currently
designated;
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C. Serving as a facilitator for bring owners and appropriate organizations
or entities together where feasible.
2. Allow the Hillside Conservation Ordinance to function. The intent of the
Council is to allow a case by case review of proposed projects in the hillside
conservation areas subject to all the criteria contained in the Ordinance.
Further it is the policy of the City Council not to permit the destruction or
development of the rocky hillsides in the City of La Quints.
3. A report of the actions taken shall be provided no later than August 1, 1991,
to the City Council for their review and analysis as to how the program is
working.
a
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5
ENVIRONMENTAL CONSERVATION COMMITTEE
Discussion issues:
Hillside Ordinance
2. Coachella Valley Mountain Conservancy
3. Solid Waste/Source Reduction Recycling
4. Air Quality
5. Water Conservation
Open Space Conservation
ENCC
Verde -Mar Limited
Post Office Box 1508
La Quinta, California 92253
May 3, 1991
Betty Anthony
Planning Department
City of La Quinta
Post office Box 1504
La Quinta, California 92253
Dear Betty:
MAY 0 6 10,
CITY Lit- LA VUINTA
3LANNING & DEVELOPMENT DEPT.
Thank you for sending the packet for the April
24, 1991 Environmental Conservation Committee
meeting. I apologize for missing the meeting.
I was laid up in bed for a couple of days
because of a back problem --under the care of Dr.
Pearl Knight.
I will make every effort to be available for
future meetings. When are they scheduled?
I
W. BRUMMEL
SWB:mlm