Chapter 17.645 — Transfer of Development Rights

This chapter provides requirements for the transfer of development rights from one site to one or more other sites located within or proposed for annexation to the City.

(Ord. 24-13, 10/1/2024)

• A. Availability.

  1. An existing agricultural use may be relocated to another site in the RE, RL and RR Zones in compliance with the provisions of this chapter and the following:

     • a. Relocated uses and structure shall cease operations prior to the initiation of use or activity on the relocated site;

     • b. Development on a transfer site shall comply with the development standards of the applicable zone; and

  • c. Opportunity to initiate this provision shall cease on December 8, 2017.

  • 2. All other types of development.

• B. Conditional use permit required.

  1. A conditional use permit shall be required to authorize the transfer of development rights in compliance with Chapter 17.605 (Conditional Use Permits and Minor Use Permits) and this chapter.

  2. The Council shall be the applicable review authority for conditional use permits proposing the transfer of development rights in compliance with this chapter.

• (Ord. 24-13, 10/1/2024)

• A. Total gross floor area. The combined total gross floor area allowed on all of the sites involved in the transfer of development rights shall not exceed the combined total gross floor area allowed for the sites by the zone in which they are located.

• B. Floor area for a donor site. The maximum gross floor area allowed on a donor site shall be reduced by the amount of the transfer of development intensity to the receiver site.

• C. Nonconforming developments. Where a transfer of development intensity involves a parcel that does not conform to current development intensity limits, the nonconforming condition shall be eliminated and the total gross floor area following the transfer of development rights shall be as provided in Subsection A , above.

• D. Traffic study. Depending upon the distance between sites involved in a transfer of development rights, a traffic study may be required by the Director in order to ensure against a net negative effect on the circulation system.

• (Ord. 24-13, 10/1/2024)

An application for a conditional use permit shall be filed and processed in compliance with Chapter 17.600 (Permit Application Filing and Processing). The application shall include the information and materials specified in the Department handout for conditional use permit and minor use permit applications, together with the required fee in compliance with the City's Planning Fee Schedule. It is the responsibility of the applicant to provide evidence in support of the findings required by Section 17.645.050 (Findings and Decision), below. (Ord. 24-13, 10/1/2024)

• A. Commission's action. Following a public hearing, the Commission shall forward a written recommendation, and findings and supporting documentation for the recommendation, to the Council whether to approve, conditionally approve, or disapprove the conditional use permit application, based on the findings identified in Subsection C (Required findings), below.

• B. Council's action. Upon receipt of the Commission's recommendation, the Council shall conduct a public hearing and either approve, conditionally approve, or disapprove the conditional use permit application, based on the findings identified in Subsection C (Required findings), below.

• C. Required findings. When approving a conditional use permit, the review authority shall first make all of the following findings in addition to those required under Chapter 17.605 (Conditional Use Permits and Minor Use Permits):

  1. The reduced density/intensity on the donor site provides benefits to the City, for example;

     • a. The provision of extraordinary open space, public visual corridor(s), parking or other amenities;

     • b. Preservation of an historic building or property or natural landscapes;

     • c. Improvement of the area's scale and development character;

     • d. Consolidation of parcels to achieve a better architectural design than could be achieved without parcel consolidation; and/or

     • e. Reduction of local vehicle trips and traffic congestion.

  2. The transfer of development rights will result in a more efficient use of land for both sites;

  3. The transfer of development rights will result in a net benefit to the aesthetics of both areas;

  4. The increased development on the receiver site does not create abrupt changes in scale between the proposed development and development in the surrounding area;

  5. The proposed uses on both sites are compatible with the surrounding area;

  6. The increment of development transferred to the receiver site complements and is in scale with surrounding development and does not materially degrade the local circulation system or environmental quality;

  7. The increased development on the receiver site will not result in significant impairment of public views; and

  8. The receiver site is physically suitable for the development proposed taking into consideration site characteristics, including any slopes and sensitive resources.

• (Ord. 24-13, 10/1/2024)

• A. Council may impose conditions. In approving a conditional use permit, the Council may impose any conditions deemed reasonable and necessary to ensure that the approval will comply with the findings required by Section 17.645.050 (Findings and Decision), above.

• B. Legally binding agreement required. Additionally, a covenant or other suitable, legally binding agreement subject to the approval of the City Attorney and Director shall be recorded against the donor site ensuring that all of the above requirements will be met by the current and future property owners and their successor(s)-in-interest.

• (Ord. 24-13, 10/1/2024)

The procedures and requirements in Chapter 17.660 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 7 (Administration) shall apply following the decision on a conditional use permit application authorizing a transfer of development rights in compliance with this chapter.

(Ord. 24-13, 10/1/2024)