ORD 147ORDINANCE NO. 147
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA
AMENDING TITLE 9 OF THE MUNICIPAL CODE
BY ADDING TWO CHAPTERS: 9.145
HILLSIDE CONSERVATION ZONE, AND 9.146
TRANSFER OF DEVELOPMENT RIGHTS, AND BY
ADOPTING A CHANGE OF ZONE FROM VARIOUS
ZONES TO H.C. (HILLSIDE CONSERVATION)
FOR ALL LAND PRESENTLY DESIGNATED OPEN
SPACE IN THE GENERAL PLAN.
The City Council of the City of La Quinta does
ordain as follows:
SECTION 1. Title 9 of the Municipal Code is hereby
amended by adding two chapters: 9.145 Hillside Conservation
and 9.146 Transfer of Development Rights, attached hereto as
ZOA No. 89-008 and ZOA No. 89-010.
SECTION 2. All land designated in the General Plan
as Open Space is hereby rezoned from various zones to Hillside
Conservation as depicted in the General Plan and on the map
attached hereto as CZ No. 89-043.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be
in full force and effect thirty (30) days after its adoption.
SECTION 4. POSTING. The City Clerk shall, within
15 days after passage of this Ordinance, cause it to be posted
in at least the three (3) public places designated by
resolution of the City Council; shall certify to the adoption
and posting of this Ordinance; and shall cause this Ordinance
and it's certification, together with proof of posting, to be
entered in the Book of Ordinances of this City.
The foregoing ordinance was approved and adopted at a
meeting of the City Council held on the 3rd day of October ,
1989, by the following vote:
AYES: Council Members Bohnenberger, Rushworth, Sniff,
Mayor Pena
NOES: NONE
ABSENT: Council Member Bosworth
ABSTAIN: NONE
r
JOHN J. ENA, ayor
City of La Quinta, California
BJ/ORDDRFT.007 - 1 -
ATTEST:
AUNDRA JUHOLA, tityy Clerk
City of La Quinta
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
DAWN HONEYWELL, Cit Attorney RON KIEDROWSKI, City Manager
City of La Quinta City of La Quinta
BJ/ORDDRFT.007 - 2 -
CHAPTER 9.145
H.C. ZONE (HILLSIDE CONSERVATION ZONE)
Cartinnc-
9.145.005
.010
.015
.020
.025
.030
.035
.040
.045
.050
.055
.060
.065
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
.070 Recreation/Open Space Ownership and
Maintenance
.075 Change of Designation
9.145.005 GENERALLY.
A. The Hillside Conservation (H.C.) Zone applies to all land
within the City of La Quinta designated in the Genera?.
Plan as "Open Space".
B. The Hillside Conservation (H.C.) Ordinance applies
specifically to land meeting the definitions of being
above "the toe of the slope", as defined in 9.145.015
"Application to Property", within the following 19
sections (San Bernardino Base and Meridian) within the
City of La Quinta:
TSS, R7E: Sections 19, 25, 30;
TSS, R6E: Section 36;
T6S, R6E: Sections 1, 12, 13, 24, 25;
T6S, R7E: Sections 6, 7, 8, 17, 18, 19, 20,
28, 29, 30.
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,
I
andslides, flooding, inaccessibility from fire and
emergency services, lack of water for fire control,
wild fires, collapse of roads, and similar risks.
2. 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 congp cuous 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 Chapteir9.183 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 diApproved 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 -
J.
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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
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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.
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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.
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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."
2. "These additional dwelling units are hereby affixed
to this parcel APN# and 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."
3. 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
NAME
ADDRESS
Date
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