ORD 262ORDINANCE 262
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF LA QUINTA, CALIFORNIA,
AMENDING CHAPTER 9.145 AND 9.146 OF
THE LA QUINTA MUNICIPAL CODE
RELATING TO TRANSFER OF DEVELOPMENT
RIGHTS
CASE NO. ZONING ORDINANCE AMENDMENT 94-044
CITY OF LA QUINTA
An Ordinance of the City of La Quinta, California amending Chapters 9.145 and
9.146 relating to Transfer of Development Rights of the La Quinta Municipal Code.
The City Council of the City of La Quinta, California does hereby ordain as
follows:
SECTION 1: Chapter 9.145 of the La Quinta Municipal Code is hereby amended
as stated in Exhibit "A", and Chapter 9.146 of the La Quinta Municipal Code is hereby amended
— as stated in Exhibit "B", Zoning Ordinance Amendment 94-044.
SECTION 2: Environmental. The Zoning Ordinance Amendment has complied
with the requirements of "The Rules to Implement the California Environmental Quality Act of
1970" (as amended) and adopted by City Council Resolution 83-68 in that the Planning Director
conducted an Initial Study and has determined that the proposed Zoning Ordinance Amendment
will not have a significant adverse impact on the environment and a Negative Declaration of
Environmental Impact 94-281 is hereby certified.
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 three 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 its certification, together with proof of posting, to be entered into the Book of
Ordinances of this City.
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on this20thday of December--r,_1994 by the following vote:
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AYES: Council Members Bangerter, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: Council Member McCartney
ABSTAIN None
w
JO J. PENA , Mayor
City of La Quinta, California
A
SAUNDRA L. JUROLA, City Clerk
City of La Quinta, California
DAWN HONEYWEL , City Attorney
City of La Quinta, California
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EXHIBIT "A"
Chapter 9.145
HC ZONE (HILLSIDE CONSERVATION ZONE)
9.145.005
Generally.
9.145.010
Purpose and intent.
9.145.015
Application to property.
9.145.020
Permitted uses.
9.145.025
Conditional use permit review required.
9.145.030
Design review.
9.145.035
Engineering reviews required.
9.145.040
Other studies required.
9.145.045
Grading, grubbing, and scarring control.
9.145.050
Development standards.
9.145.055
Division of HC zoned land.
9.145.060
Transfer of development rights.
9.145.065
Alteration of the location of the toe of the slope.
9.145.070
Recreational/open space ownership and maintenance.
9.145.075
Change of designation.
9.145.005 GENERALLY.
A. The Hillside Conservation (HC) zone applies to all land within the City designated
in the General Plan as "Open Space".
B. The Hillside Conservation (HC) chapter applies specifically to land meeting the
definitions of being above "the toe of the slopes", as defined in Section 9.145.015, within the
following nineteen (19) sections (San Bernardino Base and Meridian) within the City:
T5S, R7E: Sections 19, 25, 30;
T5S, 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 HE chapter 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".
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
HC Zone shall be used for or occupied and every building shall be erected, constructed,
established, altered, enlarged, maintained, moved into or within such HC zone exclusively and
only in accordance with regulations set forth in the chapter. (Ord. 147 § 1 (part), 1989)
ORDDRF r.050
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 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;
2. To protect and conserve hillside ecosystems through the retention of unique
natural topographic features and hillside characteristics, including drainage patterns, stream
slopes, ridgelines, rock out-croppings, 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;
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. (Ord.
147 § 1 (part), 1989)
9.145.015 APPLICATION TO PROPERTY.
A. In the City's 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 twenty percent (20%) slope are developable consistent with this Chapter either through
the transfer of residential units from contiguous hillside areas, by change of designation (Section
9.145.075) by providing flood protection (Section 9.145.065).
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B. For any parcel subject to the jurisdiction of the City, the City Engineer, upon
viewing the site and considering a land suitability study (containing all the requirements in Section
9.145.035) 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 twenty percent
(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 twenty percent (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 an overland sheet flow) and directs it to a controlled stormwater diversion channel (see
Section 9.145.065). (Ord. 147 § 1 (part), 1989)
9.145.020 PERMITTED USES.
A. No development (except as provided under Subsection D of this Section) shall'be
approved for slopes exceeding twenty percent (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 twenty percent (20%):
1. Golf courses (not including above -ground structures), but permitting
fairways, greens, tees, and golf -cart paths to access them;
2. Flood control structures;
3. Parks, lakes, and passive recreation facilities;
4. Water wells, pumping stations, and water tanks (if properly screened or
painted);
5. Power, telephone, and cable substations and transmission lines (if properly
screened or painted);
6. Television, cable, and radio antennas;
7. Hiking and equestrian trails;
8. Single family residential uses;
9. 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 building and facilities.
D. The following uses within the HC zone shall be permitted on slopes exceeding
twenty percent (20%):
1. Hiking and equestrian trails not permitting vehicles;
2. 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 fifteen percent (15 %) grade. (Ord. 147 § 1 (part), 1989)
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9.145.025 CONDITIONAL USE PERMIT REVIEW REQUIRED.
All development with the HC zone shall file and receive approval (or modification) of
plans by means of the conditional use permit approval process described in Chapter 9.172 plus
all requirements of this chapter. (Ord. 147 § (part), 1989)
9.145.030 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 HC zone property.
(Ord. 147 § 1 (part), 1989)
9.145.035 ENGINEERING REVIEWS REQUIRED.
A. For every home site or for every subdivision proposed within the HC 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):
1. Hydrology, drainage, and flooding report for all sites;
2. Soil survey of the sites proposed attesting to stability of all sites, and
appropriateness of construction method proposed;
3. Underlying geology/engineering report, attesting to stability of all sites;
4. Seismic analysis attesting to the stability of the site(s) and addressing the
potential of material above the site(s) impacting the site(s);
5. Access plan showing the preliminary engineering for roads giving access
to the proposed sites;
6. Grading plan for the construction site(s) and access routes.
7. 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.
B. The City Engineer shall specifically approve each proposed site and access route
based on the submitted reports. (Ord. 147 § 1 (part), 1989)
9.145.040 OTHER STUDIES REQUIRED.
The following studies shall be filed with the Community 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;
2. Wildlife habitats, migratory routes (e.g., for Bighorn sheep), and native
animal species;
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3. Plan to maintain corridors for wildlife habitat and movement of animals
within HC zone.
B. All development in the HC zone shall be subject to the provisions of Title 7 -
Historic Preservation, and a review by a qualified archaeologist, which addresses the following:
1. A thorough examination of the site for archaeological or historic resources;
2. A plan for the salvage of any significant resources, if avoidance of the
archaeological resource is not possible;
C. A plan for preservation of all areas exceeding slopes above ten percent (10%) as
specified in Section 9.145.045(b, including:
1. The designation of all areas exceeding ten percent (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. (Ord.147 § 1 (part), 1989)
9.145.045 GRADING, GRUBBING, AND SCARRING CONTROL.
A. No permits shall be issued for any grading, grubbing, building or structure in the
HC 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 coursed (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.
B. Conditions may be applied when the proposed development does not comply with
applicable standards as set forth in this text 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 responsible to maintain the landscaping in common area, 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 HC 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.
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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 HC 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 HC 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;
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 scaring 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 twenty percent (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 chapter.
I. The following table indicates those maximum 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:
Average Percent Slopc Site
10.0 - 12.4
12.5 - 14.9
15.0 - 17.4
17.5 - 19.9
20.00 or more
Minimum Percent of Site to Remain in
Natural State (no Cut or Fill or Grubbing)
or be Developed Solely for Recreational/
70.0
77.5
85.0
92.5
100.0
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"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:
$ 1 1.1 • 0 . .
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
(Ord. 147 § 1 (part), 1989)
9.145.050 DEVELOPMENT STANDARDS.
A. Maximum density and minimum lot permitted. In the HC zone the maximum
density permitted shall be one residential unit per ten acres. On a contiguous parcel which
includes areas both above and below the "toe of the slope", residential units may be clustered
together below the "toe of the slope" to take advantage of buildable areas with lower slope angels,
provided the overall density for the parcel of one unit per ten acres is not exceeded. Structures
shall remain single family, separated, on individual lots having an area of at least seven thousand
two hundred 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 requirements shall follow Chapter 9.160.
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 consistent 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. (Ord. 147 § 1 (part), 1989)
9.145.055 DIVISION OF HC ZONED LANDS.
In order to assure compliance with the provisions of this chapter, there shall be submitted
for every property within or partially within HC zoned land, along with every conditional use
permit, tentative subdivision map or parcel map filed for approval, in accordance with the
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provisions of Title 13 of this code, 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. (Ord. 233 § 1 (Exh. "A")
(part), 1993: Ord. 147 § 1 (part), 1989)
9.145.060 TRANSFER OF DEVELOPMENT RIGHTS
A. Transfer of Development Rights shall follow the procedures and standards
presented in Chapter 9.146.
B. Any owner of property within the HC zone may transfer development rights from
the HC zone on the basis of one residential unit per ten acres.
C. Development rights may be transferred as follows:
1. To a subdivided portion of the same property below "the toe bf the slope",
as presented in a conditional use permit; or,
2. By means of sale to any area of the City which has been zoned for
residential purposes, provided the increase for any particular parcel does not exceed twenty
percent (20%) of the General Plan density designation.
3. Development rights may be retained by an individual. '
4. Transfer rights may be further sold as provided in Chapter 9.146.
D. Any owner of property within the HC zone may sell, bequeath or transfer the
development rights of the property, in accordance with this chapter and Chapter 9.146 to any
governmental jurisdiction or any properly organized nonprofit organization whose charter allows
for the ownership and/or transfer of development rights. The governmental jurisdiction or
nonprofit organization may retain or sell or transfer acquired development rights in accordance
with Chapter 9.146. (Ord. 233 § 1 (Exh. A) (part), 1993; Ord. 147 § 1 (part), 1989)
9.145.065 ALTERATION OF THE LOCATION OF THE TOE OF THE SLOPE.
If, as a result of an approved development 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 HC, and the conditional use permit approved
for the site shall determine the effective density of the developable portion of virtue of the transfer
of development rights from the hillside areas to the developable portion of the property. (Ord.
147 § 1 (part), 1989)
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
0RDDRFT.050
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. (Ord. 147 § 1 (part), 1989)
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 of the following procedures:
A. General Plan Amendment from "Open Space" designation in 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
9.145.040.
E. Compliance with all other sections of this chapter except Section 9.145.020;
9.145.050(A), (B), and (C); 9.145.060, and 9.145.065. (Ord. 147 § 1 (part), 1989)
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ATTACHMENT 2
EXHIBIT B
Chapter 9.146
TRANSFER OF DEVELOPMENT RIGHTS
Sections:
9.146.005
Definitions.
9.146.010
Definitions.
9.146.015
Procedures.
9.146.020
Timing.
9.146.025
Documentation.
9.146.030
Fees
Section 9.146.005. 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, 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 or individuals to receiving parcels or
individuals 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 between the same
individual, 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.
D. The retransfer or reversal of transferred development rights or credits back
to the donor parcel or individual may be permitted under the procedures in Section 9.146.015.
E. Development rights or credits can be transferred to non -mountainous
parcels.
Section 9.146.010. Definitions.
A. "Development right or credit" means a potential entitlement created by a
land use designation and, by adoption of a zoning category, applying to a parcel of land, to
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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.
B. "Donor parcel" means 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" means 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" means 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 zero through four, rounded down; five through nine rounded
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" means 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
thirty percent of the base density alone);
3. Density bonuses for good design or special amenities (up to ten
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 figures.
5. In no case shall the sum of all density bonuses and transferred
densities (if all are maximized) exceed sixty percent of the base density in the General Plan.
F. "Enabling chapter" means a chapter of Title 9 of this code which creates
and further specifies and limits the transfer of development rights or credits, such as Chapter
9.145.
G. "Timing" means the time limits as specified in Section 9.146.20.
H. "Documentation" means the requirements for City approval, recordation
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and notice to the City of such recordation, following example language specified in Section
9.146.25.
I. "Non -Mountainous" parcels are defined as those parcels that are less than
20% total slope, below the "toe of the slope", and buildable.
Section 9.146.015. 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 all involved parcels or individuals have been extinguished and that no further
residential development associates with the transfer can occur on said parcels or initiated by the
individual owner(s).
C. The receiving parcel, to which development rights or credits are being
transferred, must:
1. Be mappable; according to the Subdivision Map Act requirement,
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, tying the transferred development rights or credits to
a specified parcel or individual, following the sense of the example of language contained in
Section 9.146.25.
D. This document of transfer and affixture must be recorded. Evidence of
the recordation must be supplied to the City Clerk of the City within thirty days of the date of
attestation by the City Clerk.
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
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only authorize such transfer after receiving a report from the Community 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.
G. The application fee for transfer procedures that require a public hearing
before the City Council shall be $500.00. For those transfer procedures that do not require a
public hearing, the application fee shall be $400.00.
Section 9.146.020. 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
ninety 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
ninety day time limit shall apply as in Subsection A of this section.
Section 9.146.025. 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 (APN) of the parcel to which the
development rights or credits are being transferred.
5. An attestation by the City Clerk (dated).
6. The signature, name, and address of the owner of the parcel.
ORDDRFT.039
B. There shall be recorded for the receiving parcel a document having the
sense of the following:
1. "In addition to the number of dwelling units on this parcel identified
as 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
identified as 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 affixed below attests to
the legitimate transfer of these development rights to this property as described in Exhibit "A",
attached to the ordinance codified in this chapter and on file in the office of the City Clerk.
Section 9.146.030. Fees.
A. The application fees shall be established by City Council resolution
(Ord.242§ 6 (part), 1994).
ORDDRFT.049
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta,
California, do hereby certify the foregoing to be a full, true
and correct copy of Ordinance No. 147 which was introduced on
the 19th day of September, 1989 and was adopted at a regular
meeting held on the 3rd day of October, 1989, not being less
than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in
three (3) places with the City of La Quinta as specified in a
resolution of the City Council.
t
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF LA QUINTA )
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
the foregoing to be a full, true and correct copy of Ordinance No. 262 which was introduced
on the 6th day of December, 1994 and was adopted at a regular meeting held on the 20th day
of December, 1994 not being less than 5 days after date of introduction thereof.
I further certify that the foregoing ordinance was posted in three (3) places within the City of
La ui to as specified in a resolution of the City Council.
'SAUNDRA L. JUROLA, City Clerk
City of La Quinta, California
DECLARATION OF POSTING
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do hereby certify
that the foregoing ordinance was posted on December 22, 1994 pursuant to City Council
Res 1 ion.
AUNDRA L. JU OLA, City Clerk
City of La Quinta, California