§ 6.1050. Intensity of Development.

The ESL Landforms and Protected Peaks and Ridges Maps shall be used, unless otherwise exempted by Section 6.1022B or 6.1023.

The intensity of development in the lower desert and upper desert landforms shall be determined by the underlying zoning district, and shall not exceed the maximum as provided in Table B, Section 6.1081. Where the NAOS density incentive or cluster option is used, Table B shall serve as the "base" intensity on the parcel.

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The intensity of development in the hillside landform shall be determined as follows:

A.

The base and maximum intensities of development in the hillside landform on slopes less than twenty-five (25) percent, on exposed/shallow bedrock, or in major or minor watercourses, shall be as follows:

	Single-Family Detached D.U./Acre	Attached Multifamily D.U./Acre	Resort Hotel/Casita Units/Acre	Nonresidential Floor Area Ratio
Base	0.2	1.0	2.0	0.05
Maximum	1.0	3.0	8.0	0.20

 

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1.

The underlying zoning must permit the base intensities and uses.

2.

Intensities above the base level up to the maximum intensity may be approved by the City Council after notice and hearing as provided in Section 1.600 and 1.700, and upon a finding that the proposed intensity meets the guidelines set forth in Section 6.1031.

3.

Resort hotel/casita units are limited to resort hotel guest rooms or casitas that do not have individual driveway access to each unit. Parking areas for more than five (5) cars, restaurants, meeting rooms, and other ancillary uses must be located on land that is not a severely constrained area.

B.

Except when modified as provided in subparagraph (E) of this section, the maximum permitted intensity on land in the hillside landform with slopes from twenty-five (25) to thirty-five (35) percent or boulder features, shall be one (1) dwelling or resort unit per twenty (20) acres ( 1/20 or .05 d.u./ac.). Ancillary resort uses, such as restaurants, are not permitted.

1.

After recommendation by the Planning Commission, intensities up to a maximum intensity of one (1) dwelling or resort unit per five (5) acres (1/5 or .2 d.u./ac.) may be approved by the City Council, upon finding that the land proposed for the increased intensity is not visible from viewpoints, and that the proposed intensity is compatible with the considerations listed in Section 6.1031. In making its determination, the City Council shall consider the following factors:

a.

Visibility and viewpoints of the proposed developments from scenic corridors, collector and arterial streets.

b.

The impact of the development on the environmental conditions listed in Section 6.1021.

C.

Except when modified as provided in subparagraph E. of this section, the maximum permitted intensity on land in the hillside landform with slopes over thirty-five (35) percent or on unstable slopes shall be one (1) dwelling or resort unit per forty (40) acres ( 1/40 or .025 d.u./ac.). Ancillary resort uses, such as restaurants, are not permitted.

D.

General guidelines.

1.

If a lot encompasses two (2) slope categories the intensity limit is determined by reference to the slope category of the land on which the majority of the construction envelope is located. The purpose of this provision is to provide flexibility in lot configuration.

E.

The City Council may grant a special exception from the maximum intensities allowed by subparagraphs B. and C. of this section for parcels which meet the following requirements:

1.

Qualifications. Only parcels, which meet the following qualifications, are eligible for development as a special exception under the provisions of this subparagraph E.:

a.

The parcel consists of at least nine (9) acres, at least eighty (80) percent of which are severely constrained areas.

b.

On February 19, 1991, the parcel was a legally constituted lot on which development would have been permitted under the terms of the ordinance in effect at the time the lot was created or was annexed to the city.

c.

No density transfer is proposed.

d.

The area which will be disturbed by the proposed development is less than twenty (20) percent of the development site area.

e.

More than eighty (80) percent of the development site area will be preserved as natural area open space (NAOS).

2.

Findings. Higher intensities may be granted pursuant to the special exception permitted by this subparagraph only where the Council finds that:

a.

The maximum intensities otherwise permitted by this ordinance would create a substantial disincentive to develop the site with a desirable and appropriate use and/or intensity, and the requested change is the minimum required in order to remove excessive constraints on the development of the site.

b.

The requested intensity will not create increased health or safety hazards to people or property resulting from unstable slopes or other environmental hazards.

c.

Units will be placed at lower elevations or at other locations on the property selected to reduce the grading which will be required to access the structures.

d.

Visibility of development from viewpoints as defined in Section 3.100 is limited.

3.

Procedure.

a.

Before the City Council hears an application for special exception, the Development Review Board shall review the plans to ensure that any development proposed for unstable slopes, special features or other environmental conditions, is appropriate to these conditions, and preserves them to the maximum extent possible.

b.

Applications for exceptions under this section shall include the submittals set forth in Section 6.1090 of this Ordinance, and shall be subject to notice and hearing as provided in Sections 1.600 and 1.700.

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F.

The permitted development intensity in the hillside landform shall be calculated as follows:

1.

Determine the location of each environmental condition referenced in section 6.1050A., B., and C. If more than one (1) condition is present on the same land area that which imposes the greatest restriction shall determine the intensity for development on that land area.

Slope Category	Landform Condition	Base Lot Area Per Dwelling Unit	Potential Density
Under 25%	Major/Minor washes protected peaks/ridges	5 acres	*Subject to Council Approval
25—35%	Exposed bedrock shallow bedrock	20 acres	*Subject to Council Approval
Over 35%	Boulders, unstable slopes	40 acres	*Subject to Council Approval

 

2.

Determine the amount of land in acres impacted by each environmental condition.

3.

Multiply the total acreage impacted by each environmental condition by the intensity permitted by section 6.1050A. through C. for that condition.

4.

On parcels of twenty (20) or more gross acres, the permitted intensity for small areas of twenty thousand (20,000) square feet or less which have environmental conditions different than those of the surrounding area, shall be determined by the intensity permitted on the surrounding area. If a small area abuts both a lower and a higher intensity area, the small area shall be divided equally between the two (2) intensities.

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 3225, § 1, 5-4-99; Ord. No. 3395, § 1, 12-11-01; Ord. No. 3501, § 1, 4-1-03; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 154, 155), 5-6-14)

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