Agoura Hills Municipal Code Div. 3 Transfer of Development Rights

To provide a procedure whereby development credits may be transferred from open space parcels which, because of visibility, access, geology, slope or other factors, are desirable to retain as open space, to other parcels not located in a hillside area or SEA and, furthermore, to provide conditions for ownership and use of open space.

A. Donor parcel. Parcel from which development credits are transferred.

B. Receiver parcel. Parcel to which development credits are transferred.

C. Development credit. A development credit is a potential entitlement to construct one (1) dwelling unit on property in the OS district, which can only be exercised when the development credit has been transferred pursuant to the provisions of this section from a donor to a receiver parcel and all other requirements of law are fulfilled.

The transfer of development credits may be authorized when the following conditions are met:

A. Donor parcels are within the OS district;

B. Receiver parcels are in the RS, RM, RMH or RH districts;

C. The city council, after recommendation by the planning commission, finds the receiver parcel has sufficient area designated in the general plan to accommodate development otherwise permitted under city regulations plus the development credits to be transferred, and that such total development meets all of the applicable requirements of the city's general plan and regulations.

The transfer of development credits shall be authorized as part of a development agreement. A development agreement application shall include both the donor and receiver parcels.

A. When development credits are transferred, all such credits for a parcel shall be transferred and they are thereafter extinguished with regard to the donor parcel.

B. The number of development credits which may be transferred shall not exceed the number of dwelling units provided for in section 9652.13.

C. The fee title to the donor parcel may, upon approval of the city, be retained by the owner of the donor parcel, be transferred to the receiver parcel, be transferred to a quasi-public agency or private institution or body, or be transferred to a public body. Approval by the city must be based on findings that the option is consistent with the general plan and provides for the longterm maintenance of the property as open space.

D. The donor parcel, after development credits have been extinguished, shall be kept in a natural condition. However, the city may, pursuant to a conditional use permit, authorize the following uses if it deems they are compatible with maintaining the natural condition of the property and are consistent with the general plan:

1. Watershed

2. Pasture

3. Trails

4. Other uses of a similar nature

5. Such accessory uses as are necessary to support those uses specified in the above subparagraphs.

E. Parcels 1 and 4 above, from which development credits have been transferred shall be made subject to open space easements dedicated to the city or other agreements with the city, which ensure that such parcels remain as open space in perpetuity.

A. The maximum number of allowable dwelling units that may be transferred to a receiver parcel shall not be in excess of twenty (20) percent of the density otherwise prescribed for that parcel.

B. These provisions shall not affect the receiver parcel and shall comply with all low-moderate income housing requirements of this article.

C. The transfer shall not unduly increase the mass, population density or intensity of use on the receiver parcel to the detriment of neighboring properties.

Before approving the transfer of development rights, the city must find that:

A. The transfer will result in the dedication, protection, and preservation of open space;

B. Appropriate guarantees exist and will be provided to ensure that the transfer conforms to the intent and purposes of the general plan;

C. The transfer will not result in a detrimental effect on the area surrounding the receiver parcel.

Donor parcel, located within the OS district, is entitled "X" number of dwelling units. Receiver parcel, located within either the RS, RM, RMH or RH districts is entitled "Y" number of units. Subject to prior city approval the donor parcel can transfer its "X" number of units to the receiver parcel. Receiver parcel may be approved for its "Y" number of units, plus the "X" number of units not to exceed twenty (20) percent more than the density otherwise prescribed for the receiver.

The council may adopt those rules and procedures it considers necessary to implement these provisions to facilitate the transfer of allowable development. Such rules and procedures shall be adopted by resolution.