Note: Prior ordinance history: Ords. 80 and 212.
The purpose and intent of this chapter is to:
A. 
Clearly state a citizens' policy governing preservation of the Santa Rosa Mountains located within the city limits, the sphere of influence or the jurisdiction of the city, or any lands proposed for annexation by the, city, particularly lands from the area of Palm Springs, California designated the Palm Hills Sector.
B. 
Protect and preserve significant open space areas, including hillsides, ridgelines, view corridors, scenic vistas, and other environmentally sensitive habitat portions of the Palm Hills Annexation Sector.
C. 
Guarantee the right of Cathedral City citizens to determine land use policies for those portions of the Santa Rosa Mountains within the city limits or sphere of influence, or lands annexed by, or under the jurisdiction of the city.
D. 
Preserve and promote the public health, safety, and general welfare by limiting development in the Santa Rosa Mountains so as to avoid impacts to visual and biological resources, and limit the potential for erosion and flooding.
E. 
Ensure adequate citizen participation in, and monitoring of, discretionary land use approvals by the city within the Santa Rosa Mountains.
F. 
Provide for developments which will result in preservation of the natural character of the hillside.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
A. 
The Santa Rosa Mountains are a Valuable Natural Resource. This resource provides a visually appealing backdrop to the city and is an environmental and biological ecosystem of importance to all citizens of the city. The quality of life in the city is uniquely enhanced by sweeping views of the tranquil hills surrounding the community. These hills constitute a significant natural topographical feature of the community because they are visible to citizens residing in and around Coachella Valley as well as to all persons, residents, or visitors traveling the major highway arterials. It is essential to preserve and respect the natural topographical features of the hills surrounding this community.
B. 
Continued Rapid Growth is Projected. Coachella Valley's population is projected, by the Riverside County department of finance, to more than double in the twenty-year period 1990—2010 from 215,256 to 498,754. Cathedral City's population is projected to increase sixty-eight percent in the same period. The Palm Hills Annexation is a potential expansion area for development requiring appropriate means of protection from projected growth. The absence of protection will cause severe social, economic and environmental problems. Palm Hills Annexation Sector protection is necessary to maintain the health, safety, welfare, and quality of life of the citizens of the city. Therefore, the public health, safety, and general welfare will be enhanced and promoted by the adoption of this chapter.
C. 
This Chapter is Necessary to Protect the Health, Safety, and Welfare of the Citizens of the City. The citizens of the city have considered the effect, if any, this action may have on development of the hillside and have balanced development needs against the public service needs of its residents and have determined that this chapter is necessary to promote and protect the public health, safety, and welfare.
D. 
This Chapter Allows Balanced and Prudent Development in the Palm Hills Annexation Sector. This chapter insures that Palm Hills Annexation Sector development will occur in a balanced and prudent manner, which will allow Palm Hills Annexation Sector landowners a reasonable use of their land while protecting the city's residents through appropriate regulatory mechanisms and policies to the extent, if any, to which this chapter operates.
E. 
Increased Opportunity for Citizen Participation is Desirable. As preservation of this natural resource is of importance to all citizens, the existing practice of notifying only those property owners within three hundred feet of a proposed project site provides inadequate opportunity for affected parties to participate in the city's decision-making process. Typically, hillsides and undeveloped areas contain few land owners. Consequently, by increasing the radius, more individuals will be given notice, which will result in an increased and more desirable level of community involvement.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
The people of the city do hereby adopt a Palm Hills Annexation Protection Plan as part of the general plan and direct the city council to amend all other elements of the general plan, any zoning ordinance, and the municipal code as necessary to ensure their consistency with the Palm Hills Annexation Protection Plan. The Palm Hills Annexation Protection Plan may consist of the objectives, policies, and programs set forth in this chapter.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
In order to preserve and protect the open space resources of the Palm Hills Annexation Sector, including the visual, biological, and nonintrusive recreational resources, the following objectives, policies and programs shall be implemented:
A. 
The Palm Hills Annexation Sector, as defined in Section 9.52.050, will be permanently protected to preserve the visual, biological and non-intrusive recreational values of this area.
1. 
The city will require protection of the Palm Hills Annexation Sector through the following programs:
a. 
Prior to annexation, a minimum of sixty-five percent of all lands in the Palm Hills Sector will be reserved as open space. Such open space shall be left in a natural state, except that land developed as golf courses and public parks shall constitute open space.
b. 
Single-family residential development is allowed at a density of one residential unit per twenty acres, except that one dwelling unit may be approved for lots less than twenty acres existing as of the effective date of the ordinance codified in this chapter. Clustering of residential units will be allowed at a density of one residential unit per one acre lot if the terrain prohibits building in the aforementioned manner.
c. 
Development in the Palm Hills Annexation Sector is restricted to residential uses only.
d. 
Grading shall be limited to building pads and access roads in order to preserve environmentally sensitive habitat lands, to discourage scarring of the hillside areas and to encourage the maximum retention of natural topographic features, such as natural drainage swales, slopes, rock outcropping, vistas, and natural plant assemblages. Said grading limitation shall be required as a condition of approval for all discretionary approvals in the Palm Hills Annexation Sector.
e. 
Ridgelines shall not be subject to development.
f. 
Development, grading, clearing, or any other activity or use damaging to environmentally sensitive habitat lands shall be prohibited unless measures necessary to protect and preserve the environmentally sensitive habitat lands and scenic vistas are guaranteed.
g. 
The city shall develop design criteria, building techniques, building forms, materials and colors, landscape concepts, including use of native vegetation, and other standards to protect and preserve open space values and scenic vistas, and to ensure compatibility of structures with the surrounding terrain.
h. 
Access road design shall respect the natural contours of the land, minimize grading requirements and minimize the percentage of land devoted to streets. The land graded for road right-of-ways purposes through slopes not otherwise permitted to be graded herein does not include or permit construction of an increased number of building pads other than those permitted within the sector.
i. 
Development of golf courses shall be limited to only those lands in the eastern portion of the Palm Hills Annexation Sector, more particularly described as: Sec. 3, T5S, R5E, SBM; Sec. 4, T5S, R5E, SBM; Sec. 9, T5S, R5E, SBM, in the County of Riverside, State of California. (See Exhibit A attached to the ordinance codified in this chapter.
j. 
Development in the Palm Hills Annexation Sector shall not be permitted in areas where the slope of the property exceeds ten percent.
k. 
The city shall fully cooperate in intergovernmental planning and development of programs to achieve conservation of natural resources in the Santa Rosa Mountains valleywide.
2. 
The city council may, upon receiving a four-fifths vote, modify and vary the terms of the aforementioned programs, excluding the programs set forth in subsections (A)(1)(b), (e) and (i) of this section, if the slope of the property does not exceed twenty percent and if unusual circumstances exist. The city council shall consider, but not be limited to, the following factors when evaluating whether unusual circumstances exist:
a. 
The physical location of the property;
b. 
The visibility of the property to other parts of the community; and
c. 
The effect the development will have on the surrounding environment.
B. 
The Palm Hills Annexation Protection Plan will be extended to those lands within the Santa Rosa Mountains which may in the future fall within the city's jurisdiction.
1. 
The city shall require any lands within the Santa Rosa Mountains, which in the future fall within the city's jurisdiction, to be designated as part of the Palm Hills Annexation Protection Sector, thereby extending the same protections this chapter affords through the following programs:
a. 
Prior to the annexation of any lands within the Santa Rosa Mountains, the city shall prepare a Palm Hills Annexation Protection Plan for the ultimate development of the area proposed for annexation. Until such plan is adopted by the city, the city shall not, unless otherwise compelled by law to do so, initiate or approve such annexations or annexation agreements to the city. Upon adoption of the plan required by this section, the city shall only initiate and/or approve annexations and annexation agreements that are consistent with the law and the plan.
b. 
The Palm Hills Annexation Protection Plan for the proposed annexation area shall meet, at a minimum all of the following:
i. 
The plan shall extend the provisions of this chapter to the proposed annexation area;
ii. 
The residents of the proposed annexation area, if any, shall participate in the adoption and the implementation of the plan. Said residents shall be afforded notice in accordance with this chapter's notice provisions.
C. 
Citizens shall have the opportunity to participate in decisions affecting the Palm Hills Annexation Sector.
1. 
The city will require the following notices to be given:
a. 
The city shall provide timely notice of all public hearings, preparation of Environmental Impact Reports and Notices of Intent to adopt Negative Declarations or Exemptions regarding projects within the Palm Hills Annexation Sector. Said notice shall be given to all property owners and occupants of property who will be affected by the project. At a minimum, the city shall mail a notice to all property owners and occupants of property within one thousand feet of the subject property.
D. 
In order to protect the natural environment and preserve the open space resources of the Palm Hills Annexation Sector, including the visual, biological, and non-intrusive recreational resources, the city council shall establish a Cathedral City mountain conservancy or a Cathedral City land-holding trust.
1. 
A Cathedral City mountain conservancy or a Cathedral City land-holding trust shall enhance the efficiency and governmental effectiveness of the Palm Hills Annexation Sector.
a. 
The governing body of the conservancy or land-holding trust shall be comprised of five voting members appointed by the city council.
b. 
The conservancy or land-holding trust may select and acquire real property or interests therein, for the purposes of protecting the natural environment and preserving the open space resources of the Palm Hills Annexation Sector.
c. 
The conservancy or land-holding trust may improve and develop lands, in accordance with this chapter and the general plan of the city, for the purposes of protecting the natural environment and the open space resources of the Palm Hills Annexation Sector.
d. 
The conservancy or land-holding trust may conduct hearings and make recommendations to the planning commission regarding development within the scope of this measure or amendments to this chapter.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
For purposes of this chapter, the following words and phrases shall have the following meanings:
"Effective date"
means the date on which the ordinance codified in this chapter was adopted by the city council or ten days after its adoption by the voters at the polls, whichever occurs first.
"Environmentally sensitive habitat"
means all lands which support unique, rare, endangered, threatened, or sensitive species of animals or plants, including buffer areas. This definition shall be broadly interpreted to give the maximum possible protection to environmental resources.
"Indian Tribal Lands"
include, but are not limited to, all lands within the limits of an Indian Reservation, all dependent Indian communities and all Indian allotments granted by a governmental agency.
"Palm Hills Annexation Protection Sector"
means those portions of the Santa Rosa Mountains located outside the city limits on the effective date of the ordinance codified in this chapter, including, but not limited to, Assessors No. 686-130-009 and No. 686-130-011. Palm Hills Annexation Protection Sector shall not include any Indian Tribal Lands. (See Exhibit B attached to the ordinance codified in this chapter.)
"Residential development"
means development of any type of dwelling unit or units suitable or designed for human habitation, including, but not limited to, single-family homes, "homes", as allowed by this title, but not including hotels, motels, licensed convalescent homes, commercially operated retirement homes, time share units, or the like. "Residential development" shall not include remodeling or reconstruction where no new dwelling unit is created.
"Santa Rosa Mountains",
as affected by this chapter, means generally the mountainous area surrounding the Cathedral Canyon Cove Sector South of Highway 111 as designated in the city's general plan. The area includes the ridgelines and hill faces, which provide the mountainous back drop to the city. The area excludes any Indian Tribal Lands.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
The city council and all city agencies, boards, and commissions are directed to take any and all further actions necessary to carry out this chapter, including, but not limited to, adoption and implementation of any amendments to the general plan, the zoning ordinance, and the municipal code. The city shall commence implementation of this chapter as a matter of the highest priority within six months after the ordinance codified in this chapter is adopted.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
The city council may adopt guidelines to implement and interpret this chapter following public notice and public hearing, provided that any such guidelines shall be consistent with the purposes, intent, findings, and content of this chapter.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
A. 
This chapter shall apply to all properties and projects covered by its terms, except it shall not apply to any project which has obtained a vested right to develop under California or federal law as of the effective date of the ordinance codified in this chapter.
B. 
The construction of one single-family home on a legal lot of record in existence on the effective date of the ordinance codified in this chapter shall be exempt to the extent necessary to avoid an unconstitutional taking of private property.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022)
This chapter may be amended only after the following steps have been taken:
A. 
Conservancy/Land-Holding Trust — Public Hearing. The Cathedral City mountain conservancy or the Cathedral City land-holding trust shall hold at least one public hearing before any amendment is made to this chapter. Notice of the public hearing shall be provided in accordance with Chapter 9.09 of this title. In addition, notice shall be mailed to residents in accordance with Section 9.52.040(C)(1)(a) of this chapter.
B. 
Conservancy/Land-Holding Trust — Action. The approval by the conservancy or land-holding trust of an amendment to this chapter shall be by resolution carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the conservancy or land-holding trust, the amendment to this chapter shall be transmitted to the planning commission.
C. 
Planning Commission — Public Hearing. The planning commission shall hold at least one public hearing before any amendment is made to this chapter. Notice of the public hearing shall be in accordance with Chapter 9.09 of this title. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.
D. 
Planning Commission — Action. The approval by the planning commission of an amendment made to this chapter shall be by resolution of the commission carried by the affirmative vote of not less than a majority of its total voting members. Upon approval by the planning commission, the amendment to this chapter shall be transmitted to the city council.
E. 
City Council — Public Hearing. Before adopting the amendment to this chapter, the city council shall hold at least one public hearing. Notice of the public hearing shall be in accordance with Chapter 9.09 of this title. In addition, notice shall be mailed to residents in accordance with the provisions of Section 9.52.040(C)(1)(a) of this chapter.
F. 
City Council — Action. No amendment to this chapter shall pass unless carried by the affirmative vote of four-fifths of the city council.
(Ord. 434 § 2, 1996; Ord. 862 § 2, 2022; Ord. 891, 7/9/2025)