This Chapter contains the regulations for the Natural Preserve
Zone established by the City.
(Ord. 387 § 1, 1996)
The purpose of this Zone is to provide regulations for the development of those areas in the City which, due to their topography, require special consideration to assure that they are developed in a way that will substantially maintain their natural character, and environmental and aesthetic values in accordance with the policies set forth in Section 21.22.160 below. However, prior to approving any development in the Natural Preserve Zone, the City shall determine if the project site is appropriate for preservation as a wildlife habitat area according to resource management plans.
(Ord. 387 § 1, 1996)
(a)
Preservation of the natural environment shall be the primary use
permitted in the Natural Preserve Zone;
(b)
The following uses shall be permitted in the Natural Preserve Zone subject to approval of a Conditional Use Permit in accordance with Section 21.60.040:
(1)
Single family detached residential uses and cluster residential developments;
(2)
Accessory uses and structures related to the primary use;
(3)
Agricultural uses;
(4)
Ancillary quarters, including Accessory Living Quarters and Second
Dwelling Units, in conjunction with the primary use, subject to the
requirements of Chapter 21.80;
(5)
Country clubs/golf courses;
(6)
Recreational facilities, including but not limited to tennis courts;
and
(7)
Small and large family day care.
(c)
Pursuant to a Conditional Use Permit, the following uses may be authorized
if it is deemed they are compatible with maintaining the natural condition
of the property and are consistent with the General Plan:
(1)
Watershed, hiking and equestrian trails not permitting vehicles;
(2)
Game preserve, scientific and educational facilities (public or private)
or study programs;
(3)
Low intensity recreation or other similar uses;
(4)
Parks, lakes, and passive recreation facilities;
(5)
Accessory uses necessary to support the foregoing uses;
(6)
Flood-control structures (if properly screened);
(7)
Water wells, pump stations, and water tanks (if properly screened);
and
(8)
Power, telephone, and cable substations (if properly screened).
(Ord. 387 § 1, 1996)
The minimum lot area upon which a primary use may be established
is forty (40) acres.
(Ord. 387 § 1, 1996)
(a)
Lot Dimensions. There are no minimums.
(b)
Setbacks. Setback minimums are as follows:
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Front yard:
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50 feet
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Side yard:
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25 feet
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Rear yard:
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100 feet
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(Ord. 387 § 1, 1996)
The number of residential lots/units per gross acre of area,
calculated on a tract map basis, shall not exceed one (1) dwelling
unit per forty (40) acres.
(Ord. 387 § 1, 1996)
Buildings and structures erected in this zone shall have a height
over seventy (70) percent of the horizontal roof area, not exceeding
fifteen (15) feet, with no point of the roof extending above eighteen
(18) feet in height. In no case shall building exceed one (1) living
story above the pad elevation of the building site.
(Ord. 387 § 1, 1996)
The minimum dwelling unit size permitted in this zone shall
be two thousand (2,000) square feet of gross floor area.
(Ord. 387 § 1, 1996)
Garage requirements shall be in accordance with Section 21.20.080 of the Residential Development Standards, General.
(Ord. 387 § 1, 1996)
Accessory structure requirements shall be in accordance with Section 21.20.090 of the Residential Development Standards, General.
(Ord. 387 § 1, 1996)
Structural appendages and projection requirements shall be in
accordance with Section
21.20.100 of the Residential Development Standards, General.
(Ord. 387 § 1, 1996)
Private tennis court requirements shall be in accordance with Section 21.20.120 of the Residential Development Standards, General.
(Ord. 387 § 1, 1996)
Outdoor lighting requirements shall be in accordance with Section 21.20.170 of the Residential Development Standards, General.
(Ord. 387 § 1, 1996)
All roof mounted equipment including but not limited to heating,
venting, cooling and antenna shall be screened so as to preclude viewing
of same from adjacent residences, public ways and golf courses (public
or private).
(Ord. 387 § 1, 1996; Ord. 606 § 1, 2007)
All landscaping shall be accordance with Chapter 21.60, Architecture and Landscape Review.
(Ord. 387 § 1, 1996)
The policies of the City with regard to development in the Natural
Preserve Zone are as follows:
(a)
Maximize the retention of environmentally sensitive areas;
(b)
Minimize the effects of grading and ensure that the natural character
of the environment is retained;
(c)
Preserve visually significant rock outcroppings, native plant materials,
natural hydrology, and areas of historical or visual significance
identified by the general plan or through the environmental impact
report procedure to the maximum extent possible;
(d)
Preserve and maintain existing wildlife through the retention of
natural habitats, and the migratory routes of animals;
(e)
Encourage a variety of housing types, padding techniques, grading
techniques, lot sizes, site design, density, arrangement, and spacing
of homes and developments;
(f)
Encourage innovative architectural, landscaping, circulation and
site design to preserve open space and protect natural features;
(g)
Discourage mass grading;
(h)
Minimize the scarring effects of grading for roads, building pads,
and cut and fill slopes;
(i)
Permit only that development which is not detrimental to the public
health, safety, and welfare;
(j)
Orient development to the site so that grading and other site preparation
is kept to an absolute minimum; and
(k)
Encourage development which will relate to the surrounding topography
and will not be conspicuous and obtrusive.
(Ord. 387 § 1, 1996)
To initiate a project on any parcel within a Natural Preserve Zone, the property owner(s) or assignee(s) shall submit a Conditional Use Permit Application in accordance with the provisions of Section 21.60.040 plus any additional requirements of this Chapter.
(Ord. 387 § 1, 1996)
Each and every parcel of land within the City meeting the definitions of "hillside" area as defined in Section 22.04.085(w) shall be developed in accordance with Chapter 22.04 of the Municipal Code, Hillside Management.
(Ord. 387 § 1, 1996)
The applicant shall submit the following information in the
number and at the scale specified by the Community Development Director.
(a)
Required Reports. The following reports shall be prepared by a California
licensed Engineer (licensed in the appropriate discipline), unless
specifically waived by the Community Development Director and City
Engineer based on a site visit to the proposed site, or otherwise
directed:
(1)
Hydrology, Drainage and Flooding Reports . Hydrology, drainage, and
flooding reports for all sites;
(2)
Conceptual Drainage and Flood Control Plan. A conceptual drainage
and flood control plan describing planned drainage improvements;
(3)
Soil Survey. Soil survey of the sites proposed attesting to stability
of all sites, and the appropriateness of the construction method proposed;
(4)
Geology/Engineering Report. Underlying geology/engineering report,
attesting to stability of all sites;
(5)
Seismic Analysis. Seismic analysis attesting to the stability of
the site(s);
(6)
Access Plan. Access plan demonstrating the feasibility of providing
access routes to the proposed site(s), in addition to the scarring
effects of the grading necessary to install such roads;
(7)
Utility Plan. 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;
(8)
Conceptual Grading Plan. A conceptual grading plan for the construction
site(s) and access routes with sufficient information demonstrating
the feasibility of such grading in addition to the scarring effects
of undertaking such grading activities. The conceptual grading plan
should include the following items:
(i)
Area boundaries;
(ii)
Areas to be left undisturbed (not graded);
(iii)
Areas which will not be developed;
(iv)
Areas of proposed cut and fill (in contrasting colors) clearly
showing where cut and fill exceed depths established in the hillside
development guidelines. Additionally, the areas of cut and fill, calculated
as a percentage of the total site area, shall be included on the plan;
(v)
Contours shall be shown for existing and natural land conditions
and proposed work. Existing contours shall be depicted with a dashed
line with every fifth contour darker, and proposed contours shall
be depicted as above except with a solid line according to the following
schedule:
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Slope
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Maximum Interval
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|---|---|
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2% or less to 19.9%
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2 feet
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20% or greater
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5 feet
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(9)
Slope Analysis Map. A slope analysis map for the purpose of determining
the amount and location of land as it exists in its natural State
falling into each slope category as specified below. For the slope
map, the applicant shall use a base topographical map of the subject
site, prepared and signed by a registered civil engineer or licensed
land surveyor, which shall have a scale of not less than one (1) inch
to one hundred (100) feet and a contour interval of not more than
two (2) feet provided that the contour interval may be five (5) feet
when the slope is more than twenty (20) feet. This base topographical
map shall include all adjoining properties within one hundred fifty
(150) feet of the site boundaries.
Delineate slope bands in the range of:
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0% up to 5%
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5% up to 10%
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10% up to 15%
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15% up to 20%
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20% up to 25%
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25% up to 30%, and
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30% or greater.
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Also included shall be a tabulation of the land area
in each slope category specified in acres. The exact method for computing
the percent slope and area of each slope category should be sufficiently
described and presented so that a review can be readily made.
(b)
Required Studies. As part of the application process the following
studies shall be filed with the Director of Community Development:
(1)
Natural Features Map. A natural features map identifying all slope
banks, ridgelines, natural drainage courses, rock outcroppings, existing
vegetation and other natural features determined to be worthy of consideration
for preservation. Also depicted shall be landslides and other existing
geologic hazards. Each feature depicted shall be noted for its visual
(V) significance, environmental function (E) or both.
(2)
Review by a Biologist. All development shall be subject to a review
by a qualified biologist, who shall address the following:
(3)
Survey and Site Evaluation by an Archaeological Consultant. A survey
and site evaluation, prepared by a qualified archaeological consultant,
indicating whether the project location contains archaeological, historic,
or cultural resources, and if so, whether the resource is considered
an "important archaeological resource."
In the event a development project is proposed within a area
containing a known archaeological site or within a high sensitivity
area for archaeological resources those procedures as outlined in
the adopted "Archaeological Resource Policy for the City of Indian
Wells" shall be followed.
(4)
Plan for Preservation of Natural Areas. A plan for the preservation
of all areas to remain in natural State including the designation
of all water courses both natural and man-made, with plans for the
preservation and/or reintroduction of drought tolerant plants.
(5)
Conceptual Landscape Plan. A conceptual landscape plan which addresses
entryway treatments, streetscapes and other overall landscape elements.
(6)
Additional Items for Submittal. To aid in the analysis of the proposed
project to illustrate existing or proposed conditions or both the
following items shall be required:
(c)
Additional Items to be Submitted to the Director of Community Development.
As part of the application process the following items shall be filed
with the Director of Community Development:
(1)
A Statement of conditions for ultimate ownership and maintenance
of all parts of the development including street, structures, and
open spaces;
(2)
In the event that no grading is proposed, i.e. custom lot subdivision,
a Statement to that effect shall be filed with a plan which shows
possible future house plotting, lot grading, and driveway design for
each parcel proposed, to be prepared on a topographic map drawn at
the same scale as the conceptual grading plan;
(3)
When unit development is proposed, illustrative building elevations
that show all sides of the proposed structure(s) and which accurately
depict the building envelope for each lot, shall be provided.
(Ord. 387 § 1, 1996)
In addition to those findings required for the approval of a
Conditional Use Permit set forth in Section 21.60..040(d), prior to
recommending approval or approving the proposed development, the Planning
Commission and City Council shall find that:
(a)
The proposed development concepts and plans are compatible with the
natural topography of the site; and
(b)
Are in conformity with the spirit and intent of the Natural Preserve
district policies and guidelines.
(Ord. 387 § 1, 1996)
A Master Development Plan or Specific Plan shall be submitted for approval in accordance with Section 21.60.030 for neighborhood or enclave size areas proposed within a Natural Preserve Zone or as required by the Director of Community Development.
In addition to the items required for the submission of a Master Development Plan or Specific Plan as per Section 21.100.030(b)(3), the applicant shall submit the following information in the number and at the scale specified by the Director of Community Development:
(b)
In addition to those findings required for the approval of a development project as set forth in Section 21.22.190 of this Chapter, prior to recommending approval or approving the proposed development, the Planning Commission and City Council shall make the findings as set forth, for the approval of a Master Development Plan or Specific Plan, in Section 21.60.030(d).
(Ord. 387 § 1, 1996)
In order to assure compliance with the provisions of this Chapter, there shall be submitted, for every property within or partially within a designated Natural Preserve Zone, along with every tentative subdivision map and parcel map filed for approval, in accordance with the provisions of the Indian Wells Subdivision Code [ 20], those items required in Section 21.22.100 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.
The requirements of this Section shall not apply to those individual parcels of a subdivision map or parcel map designated a "donor parcel" per Section 22.04.130, Transfer of Development Rights.
(Ord. 387 § 1, 1996)
Prior to the issuance of grading or building permits, prints
of the final grading plans, in the number and at the scale specified
by the Community Development Director, shall be submitted to and approved
by the Director of Community Development and the City Engineer. The
final grading plans shall be approved only if they are in substantial
conformance with conceptual grading plans previously approved by the
City Council. In the absence of previous conceptual grading plan approval
by the City Council, the approval of the final grading plan shall
be granted by the City Council.
(Ord. 387 § 1, 1996)
