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 sections, such as Section 9.140.040 (Hillside conservation regulations), 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 (1) 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.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

For the purposes of this chapter and this code, certain words and terms shall be defined as follows:

"Density bonuses" means transferred development rights or credits shall not be counted in the basis for density bonuses granted for providing for affordable housing. 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 (30%) of the base density alone);

3.

Density bonuses for good design or special amenities (up to ten percent (10%) 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 transferred densities (if all are maximized) exceed sixty percent (60%) of the base density in the general plan.

"Development right" or "development 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 construct one (1) 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 section, from a donor parcel to a receiving parcel, and all other requirements of law are fulfilled.

"Documentation" means the requirements for city approval, recordation and notice to the city of such recordation, following example language specified in Section 9.190.050.

"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.

"Enabling section" means a section of Title 9 of this code which creates and further specifies and limits the transfer of development rights or credits, such as Section 9.140.040 (HC hillside conservation regulations).

"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 (0) through four (4), rounded down; five (5) through nine (9) 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 (2) decimal places per acre.

"Receiving parcel" means a parcel to which potential entitlements for residential development are transferred, up to the limits of the enabling sections, 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.

"Timing" means the time limits as specified in Section 9.190.040.

(Ord. 550 § 1, 2016; Ord. 325 § 1, 1998; Ord. 284 § 1, 1996)

A.

The enabling section 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 (1) 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, tying the transferred development rights or credits to a specific parcel, in perpetuity, following the sense of the example of language contained in Section 9.190.050.

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 (30) 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 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.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

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 (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 ninety (90)-day time limit shall apply as in subsection A of this section.

(Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)

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 acknowledgment 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 (dated).

6.

The signature, name and address of the owner of the parcel.

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 9.190 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 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.

(Ord. 584 § 2, 2020; Ord. 550 § 1, 2016; Ord. 284 § 1, 1996)