Chapter 19.34 — TRANSFER OF DEVELOPMENT RIGHTS (TDR)

The purpose of this chapter is to provide for the transfer of development rights (TDR) to relocate potential development from areas where adverse environmental or land use impacts could occur, to other areas where impacts can be eliminated or minimized, while still granting appropriate development rights to each site. (Ord. 2185)

A. The number of dwelling units allowed on one site (the donor site) may be transferred and constructed on another contiguous or noncontiguous site (the receiving site). The result may be a higher density than the receiving site would normally be allowed under the General Plan designation and/or the applicable zoning district, under the circumstances described in this section.

B. The participation of a property owner in TDR shall be on a voluntary basis only and shall be subject to approval of a planned development permit, specific plan, or development agreement. Through the approval process, the applicant(s) shall demonstrate that it is necessary to conserve the site from which density is being transferred, and that the site which receives this additional density can accommodate it. (Ord. 2185)

In addition to the information required for a planned development permit, specific plan, or development agreement application, in compliance with Chapters 19.28 (Planned Development), 19.36 (Specific Plans), and 19.32 (Development Agreements), the following additional information shall be provided where TDR is being considered:

A. Affidavits of consent from all registered property owners of all property subject to the planned development permit, specific plan, or development agreement. This shall include the donor site being conserved and the receiving site which is being developed with the transferred density rights;

B. A description of the donor site and a statement outlining how the receiving site fulfills the TDR conservation program;

C. A calculation of the number of units available to be transferred. The calculation shall be made as follows: the area of the donor site (in acres), multiplied by the number of dwelling units per gross acre allowed by the zoning district, minus the existing and proposed number of dwelling units on the donor site. The number of dwelling units allowed per gross acre shall be consistent with the assumed average densities listed in the General Plan and the density range identified for the subject zoning district, in Chapter 19.42 (Residential Zones);

D. A description of the receiving site and a statement outlining the availability of support services and infrastructure necessary for the development; and

E. A description of the proposed conservation easement or restriction, as described and required in compliance with Section 19.34.050 (Conservation easements or restrictions), below. (Ord. 2185)

A planned development permit, specific plan, or development agreement involving TDR shall require the same approval process contained in Chapters 9.28 (Planned Development), 19.36 (Specific Plans), and 19.32 (Development Agreements).

(Ord. 2185)

The donor site shall have conservation easements or restrictions to reflect the conditions of approval of the planned development permit, specific plan, or development agreement which restricts the future development or division of the donor site. The conservation easements or restrictions shall be recorded against the donor site prior to the recordation of a parcel map, final map, or other development entitlement for the receiving site. (Ord. 2185)