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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. ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- 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." 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 BJ/ORDDRFT.001 - 5