§ 22.24

The following procedures shall be used to complete the sending site designation.

A.

Guarantees of conservation. Credits cannot be officially recognized as attached to a legal parcel and available for purchase by a Receiver Site or other qualified individual until such time as a conservation easement or other instrument that qualifies under either the Open Space Easement Act or the Conservation Easement Act, is granted in perpetuity to a qualified public or private non-profit organization (as defined by

the regulations of the Internal Revenue Service) created for the purposes of protecting and managing resources. A list of approved qualified organizations is on file at the Department. Non-profit organizations that are qualified to hold easements in compliance with this ordinance shall be subject to approval by the Director prior to inclusion on the list.

The grant of a conservation easement does not authorize the public or any member thereof any right of public access unless such is specifically set forth in the easement and agreed to by the property owner.

1.

Agricultural. Where a property qualified as a sending site based on agricultural criteria, the property shall be restricted, at a minimum, to prohibit the following uses listed in Section 22.06.030, Table 2-2 (Allowable Land Uses and Permit Requirements): caretakers residence, mobilehomes, residential accessory uses, residential care and single family swellings. Additional uses may be relinquished where the landowner wishes to receive a higher number of credits, as this should increase the development value of the property.

2.

Natural Resources/Antiquated Subdivisions. Where a property qualified as a sending site based on natural resources or antiquated subdivision criteria, the property shall be restricted, at a minimum, to allow only the following uses in compliance with Section 22.06.030, Table 2-2 (Allowable Land Uses and Permit Requirements): agricultural accessory structures, agricultural processing, animal raising and keeping, crop production and grazing, farm equipment and supplies, nursery specialties, specialized animal facilities, libraries and museums, membership organization facilities, schools -specialized education and training, agricultural worker housing, fisheries and game preserves, warehousing and wholesaling and distribution. These uses may also be relinquished where the landowner wishes to receive a higher number of credits, as this should increase the development value of the property.

3.

Recordation of easement. After review and approval by the Department, the easement shall be recorded in the Office of the County Recorder by the Director upon payment by the applicant of the required recording fee. The easement shall be recorded within five years of the receipt of the Notice of Eligibility.

For sending sites that have a Notice of Eligibility, or a property wide Notice of Eligibility that other site specific Notices tier from, dated prior to February 16, 2000, the Notice shall expire ten years from the date of the Notice of Eligibility. This section acts to automatically extend those Notices of Eligibility dated prior to February 16, 2000 for a period of ten years from the date of the Notice of Eligibility, notwithstanding the effective date of this amendment.

If the easement has not been recorded within the time frame specified, the Notice of Eligibility shall expire and become void. Once an easement has been recorded that covers all property described in the Notice, the Notice of Eligibility shall become void.

B.

Issuance of sending site certificate.

1.

Original certificate. After recordation of the easement, a landowner shall request that the TDC Administrator issue the record owner of the property a Certificate of Sending Credits. Such Certificate shall only be assigned in the name of the record owner and only for the total number of credits assigned to the property. Each credit shall be given an individual unique registration number. This number shall never be repeated to describe any other credit.

2.

TDC Administrator review. The TDC Administrator shall review the Notice of Eligibility for authenticity and the easement for county approval and recordation information. A Certificate shall only be issued where the Administrator finds that these conditions have been satisfied.

3.

Certification upon sale. If the holder of a Sending Site Certificate sells credits, the holder shall record the transfer of these credits through the TDC Administrator. The TDC Administrator shall issue a Receipt of Transfer to the purchaser that specifies the registration number(s) of the credit(s) obtained. Concurrently with this action, the TDC Administrator shall permanently alter the Certificate of Sending Credits to reflect the transfer of the credits, by removing the registration number(s) of the credits transferred. In order for the TDC Administrator to record the transfer of credits, the holder of the Certificate of Sending Credits and the individual to whom the credits are being transferred, shall provide to the TDC Administrator the following:

a.

A copy of the recorded documents that describe the terms and conditions of the sale. All documents related to the sale of the credits shall be recorded in the Office of the County Recorder; and

b.

Evidence that the credits are to be used to record a final or parcel map that was conditioned to require the use of TDCs or on an approved receiving site within an incorporated city. Such evidence shall consist of the adopted and signed resolution or other declaration of approval from the Review Authority or incorporated city with the findings and conditions affixed thereto; or

c.

Evidence that the credits are being transferred to a non-profit organization. Such evidence shall consist of a copy of the letter from the Internal Revenue Service verifying the organization is a valid tax-exempt charity under Internal Revenue Code section 501(c)(3).

4.

Receipt of Transfer. If the holder of a Receipt of Transfer wishes to sell or otherwise transfer the Receipt to a subsequent owner, the holder shall record the transfer through the TDC Administrator. The TDC Administration shall issue a new Receipt of Transfer to the purchaser that specifies the registration number(s) of the credit(s). Concurrently with this action, the TDC Administrator shall permanently revoke the original Receipt of Transfer. In order for the TDC Administrator to transfer a Receipt of Transfer to another party the following information shall be provided to the TDC Administrator:

a.

A copy of the recorded documents that describe the terms and conditions of the sale or transfer. All documents related to the sale of the credits shall be recorded in the Office of the County Recorder; and

b.

Evidence that the credits are to be used to record a final or parcel map that was conditioned to require the use of TDCs or on an approved receiving site within an incorporated city. Such evidence shall consist of the adopted and signed resolution or other declaration of approval from the Review Authority or incorporated city with the findings and conditions affixed thereto; or

c.

Evidence that the credits are being transferred to a non-profit organization. Such evidence shall consist of a copy of the letter from the Internal Revenue Service verifying the organization is a valid tax-exempt charity under Internal Revenue Code section 501(c)(3).

C.

General Plan. When a conservation easement or other instrument that qualifies under either the Open Space Easement Act or the Conservation Easement Act has been recorded, the county will amend the general plan to designate the site in the TDC Sending Site Combining Designation (TDCS).

[Added 1996, Ord. 2776; Amended 1999, Ord. 2883; 2004, Ord. 3034; 2020, Ord. 3417] [22.04.540]

A request for designation of a receiving site in the county, using the regulations set forth in Section 22.24.070, shall require the filing and processing of an application for receiving site status in compliance with the following requirements:

A.

Application content. In addition to meeting the application contents of Sections 21.02.044, 046, 048 of Title 21 for a tentative map, an applicant requesting status as a receiving site shall provide the following information:

1.

Statements, maps or other information necessary to show how the property meets the criteria used for determining if the property qualifies as a receiving site as set forth in Section 22.24.070A.

2.

Supporting information for the issuance of a density bonus in compliance with Section 22.24.070C.

3.

Information regarding the location and availability of sending credits within the designated region as set forth in Section 22.24.080 for the proposed receiving site.

4.

Evidence that the required notice was provided in compliance with Subsection B.2.

B.

Application processing. A determination on whether the property would qualify as a receiver site shall be determined as follows:

1.

Determination with tentative map approval. A determination on the suitability of the site to receive credits shall be accomplished concurrently with the processing of a tentative map. The Review Authority shall use the criteria as set forth in Section 22.24.070.A. to determine if the site is eligible to be receiving site. The process shall be the same as would otherwise be required for the processing of the tentative map except that notice of the neighboring property owners in compliance with Subsection B.3. shall occur in addition to the required public hearing notice.

2.

Notification of property owners. The applicant shall submit evidence that the neighboring property owners were notified of the request to become a receiving site prior to submission of a request for a tentative map. This notice shall be provided by the applicant sending a letter using the form provided by the Department. The letter shall be mailed or delivered at least 10 days prior to application submittal to all owners of real property as shown on the latest equalized assessment roll within 300 feet of the subject site.

[Added 1996, Ord. 2776; Amended 2004, Ord. 3034; 2011, Ord. 3212] [22.04.550]

22.24.070 - Receiving Site Eligibility, Transfer of Development Credits Required and Determination of Bonus Development.

The criteria of this section shall be used in determining if a property is eligible for receiving site status. If the property meets all the criteria used to determine receiving site status, the property would then be eligible to qualify for bonus density. Bonus density may be added to the base density as set forth in Section 22.24.070.C.

Properties located within the South County Planning Area as defined by Part II of the Land Use Element are subject to Section 22.24.200. Receiving Sites located within the South Atascadero area, as defined by Section 22.24.300 are subject to Section 22.24.300.

A.

Eligibility criteria. The following criteria shall be used in the review of potential receiving sites. Credits are assigned only to individual legal lots. Land may be considered for designation as receiving sites only when all of the following describe the site that is requesting receiver status.

1.

An Exemption (Categorical or General Rule), a Negative Declaration or a Final Environmental Impact Report, that does not identify significant, unavoidable adverse environmental effects, or exacerbation of such effects, relating to the additional density that would be allocated to the site, has been prepared or will be necessary as part of environmental determination for the proposed project.

2.

The site is not in the Agriculture land use category.

3.

The site is within an urban or village reserve line or within a Community-Based TDC program area.

4.

The footprint of the area proposed for development (including new access roads and driveways) is less than 30 percent slope.

5.

The footprint of the area proposed for development is outside of the Sensitive Resource Area (SRA), Flood Hazard (FH), Geologic Study Area (GSA), Earthquake Fault Zone, or Very High Fire Hazard Area as defined by the Land Use Element.

6.

The footprint of the area proposed for development is outside of a Natural Area or Significant Biological Geographical or Riparian Habitat as defined by the Natural Areas Plan, the Land Use Element, or a subsequent revision or update of any element of the general plan.

7.

The development will comply with: all development standards, water, sewage disposal and access standards, and land division standards as contained in Titles 19, 21, 22 and 23 of the county code.

8.

The site was not an approved sending site, and also has a valid conservation easement recorded against the sending site.

B.

Transfer of Development Credits Required. In all cases described in this Subsection, retirement of transfer of development credits shall be required. Credits shall be retired in accordance with Section 22.24.090 at the time of subdivision recordation following approval of the general plan amendment or land division.

1.

Property-owner initiated general plan amendments. Transfer of development credits shall be required to be retired when a property owner requests a general plan amendment which would result in an increase in development density over what is currently allowed. The specific use of transfer of development credits shall be set through establishment of planning area standards. The number of credits retired shall be equal to the net increase in the number of units/parcels allowable under the new land use category

2.

Land Divisions. Transfer of development credits shall be required to be retired for each lot created by any parcel map or tract map when located outside of an urban or village reserve line. The number of credits retired shall be equal to the net new parcels/lots created by the map.

3.

Exception.

a.

Credits shall not be required pursuant to Subsections B.1 or B.2., where the Review Authority first finds that:

(1)

Retirement of credits is unnecessary due to a specific circumstances applicable only to the subject site (for example if credits are not available within the areas defined in Section 22.24.080), or

(2)

A reduced number of credits is applied in the specific case, or

(3)

Where the general plan amendment will facilitate affordable housing and is restricted to meet Affordable housing resale prices as set forth in Section 22.12.030, or

(4)

The general plan amendment is consistent with the strategic growth policies in Framework for Planning.

C.

Amount of bonus. There are two sets of criteria used to determine the amount of a bonus granted on a receiver site. The bonus granted is an increase over the allowable base density.

1.

Determining base density. Base density is the maximum number of lots that may be allowable on a given site under the County Code. Establishing the base density is necessary to determine the amount of the bonus that may be granted. Base density as determined under this Section does not affect the provisions of the County Code for review of proposed land divisions, including approval of such land divisions at a density equal to this base density.

The base density for a site is equal to the minimum parcel size required by Chapter 22.22 for the particular category or where planning area standards (Article 9) establish minimum parcel size requirements different from the provisions of Chapter 22.22, the planning area standards for minimum parcel size shall control and determine the base density.

2.

Determining allowable density with bonus. If the site meets the criteria for receiving site status, the site may qualify for a bonus as follows. All measurements shall use the straight line method as defined in Article 8 (Distance- Measurement). Where a site is within an incorporated city's urban or village reserve line, but outside of the city limit line, the bonuses shown to apply within an urban or village line shall be granted only where the density increase would be consistent with adopted city policies, programs or standards, and where the city supports the location of the sending credits. Support of the project shall be in the form of a letter received from the affected city.

a.

Within an urban or village reserve line: A bonus may be granted up to 50 percent of the base density, except within the California Valley village reserve line, which shall not be eligible for bonus density in compliance with this section.

3.

Additional receiving site bonus. In addition to the density bonus set forth in Subsection C.2, where the receiving site project offers special permanent amenities in excess of the basic requirements as determined by the Review Authority (e.g. cluster subdivision design, trails, coastal access, open space, significant public parkland, telecommuting work centers, design features such as community focal points (squares, greens, plazas) and transit accessibility, etc.), an additional bonus of up to 25 percent of the base density may be granted to the receiving site.

[Added 1996, Ord. 2776; Amended 1999, Ord. 2883; 2004, Ord. 3034; 2006, Ord. 3095; 2011, Ord. 3212] [22.04.560]

A proposed project on a site that meets the criteria for receiving site status shall use credits from sending sites located within a five mile radius of the receiving site, as measured using the straight line method as defined in Article 8 (Distance - measurement). If insufficient credits are available within a five mile radius from the subject receiving site, credits shall be used from other sending sites in the same geographical region as the receiving site as follows, except as needed to accommodate the existing Coordinated Agriculture Stewardship Program (CASP) in the Arroyo Grande and Cienega Valleys. In that case credits may be transferred between the areas described in both Subsections D. and F. :

A.

North County. Receiving sites located within the Nacimiento, Adelaida, Salinas River, and El Pomar-Estrella planning areas shall use credits from sending sites within any of those planning areas.

B.

North Coast. Receiving sites located within the North Coast and Estero planning areas shall use credits from sending sites within any of those planning areas.

C.

Central County. Receiving sites located within the San Luis Obispo and San Luis Bay (Inland) planning areas shall use credits from sending sites within any of those planning areas.

D.

South County. Receiving sites located within the South County (Inland) planning area shall use credits from sending sites within that planning area.

E.

East County. Receiving sites located within the Las Pilitas, Los Padres and Shandon-Carrizo planning areas shall use credits from sending sites within any of those planning areas.

F.

South Coast. Receiving sites located within the South County (Coastal) and San Luis Bay (Coastal) planning areas shall use credits from sending sites within any of those planning areas.

G.

Huasna. Receiving sites located within the Huasna planning area shall use credits from sending sites within that planning area.

[Added 1996, Ord. 2776; Amended 1999, Ord. 2883; 2004, Ord. 3034] [22.04.570]

22.24.090 - Designation of Receiving Site and Retiring Development Credits.

The following procedures shall be used to complete the receiving site designation and to retire credits required under Section 22.24.070.B.

A.

Use of credits. Prior to recordation of the final or parcel map, the applicant shall release their ownership in the Receipt of Transfer or the Certificate of Sending Credits to the Department. Acceptance of the release shall only occur if the credits are located in conformance with Section 22.24.080. The Director shall notify the TDC Administrator of the release and specify the registration number(s) of the credits that were used. After release, the credits are no longer valid and available for use.

B.

Additional map sheet. The final or parcel map shall include a clear and legible note placed on an additional map sheet in compliance with Section 21.06.020(a)(3) of Title 21. The note shall state that the approval of the land division included the use of TDCs, the number of credits used and their registration number(s), and the location and assessor parcel number of the sending site.

C.

General Plan. Receiving sites that have received sending site credits shall be placed in the TDC Receiving Site Combining Designation (TDCR) by general plan amendment initiated by the county.

[Added 1996, Ord. 2776; Amended 2004, Ord. 3034; 2011, Ord 3212] [22.04.580]

The TDC Administrator is the individual, organization or corporation identified and approved by the County that issues, monitors and maintains records of Certificates of Sending Credits and Receipts of Transfer. The TDC Administrator may charge a fee for these services.

A.

Appointment of TDC Administrator. The TDC Administrator shall be the Director or designee. The Board may choose to appoint a TDC Administrator outside of the staff of the Department. This appointment shall be by resolution of the Board of Supervisors. The performance of the TDC Administrator will be evaluated from time to time. The Board of Supervisors may choose to modify the procedures for issuance, monitoring and record keeping of Certificate of Sending Credits or Receipts of Transfer as deemed necessary. The Board of Supervisors may also choose to replace the TDC Administrator.

B.

Program review. The TDC Administrator shall comply with all provisions of Sections 22.24.010 et seq. On an as needed basis, the TDC Administrator shall provide the Board of Supervisors with a full accounting of all transactions that occurred since the previous reporting period.

C.

Report review. The Board of Supervisors shall annually review a report from the TDC Administrator and the Department regarding the operation of the TDC program. This report shall be considered on the Board's agenda. The report will be available to all interested parties, including community advisory groups. The Commission shall be provided a copy of the report which may be considered on their consent agenda.

[Added 1996, Ord. 2776; 2004, Ord. 3034; 2012, 3233] [22.04.600]

A.

Purpose and Intent. This section implements the South County Community Based Voluntary Transfer of Development Credits Program established by the Land Use Element, by providing a procedure to allow the voluntary transfer of development credits from one parcel of land to another. Consistent with applicable Land Use Element goals, policies and programs, the objective of this section is to relocate development from environmentally sensitive land, land with agricultural capability or antiquated subdivisions, to more suitable areas. This program is voluntary, incentive-based, and market-driven between willing sellers and buyers. Landowners are not obligated to use this technique to request an amendment to the general plan or subdivide property in conformance with Chapter 22.22.

B.

Where allowed. The following standards apply only to properties in the South County Planning Area (Inland) as defined by Part II of the Land Use Element.

C.

Applicable Standards. Sending and Receiving Sites shall comply with Sections 22.24.010 et seq.

D.

Eligible purchasers of TDC's. Receiving Sites approved after July 1, 2002 shall only purchase credits from any valid non-profit corporation organized for conservation purposes approved by the Board of Supervisors, except as provided in Subsection D.1. If no valid non-profit corporation exists, credits shall be transferred as set forth in Sections 22.24.010 et seq.

1.

Sending sites approved prior to July 1, 2002, may elect to work directly with an approved Receiver Site instead of selling approved credits to a valid non-profit corporation organized for conservation purposes approved by the Board of Supervisors. This provision is effective for five years from August 10, 2004.

[Added 2004, Ord. 3034]

A.

Purpose and Intent. This section implements the South Atascadero Community Based Voluntary Transfer of Development Credits Program established by the Land Use Element, by providing a procedure to allow the

voluntary transfer of development credits from one parcel of land to another. Consistent with applicable Land Use Element goals, policies and programs, the objective of this section is to relocate development from environmentally sensitive land, land with agricultural capability or antiquated subdivisions, to more suitable areas. This program is voluntary, incentive-based, and market-driven between willing sellers and buyers. Landowners are not obligated to use this technique to request an amendment to the general plan or subdivide property in conformance with Chapter 22.22.

B.

Where allowed. The following standards apply only to properties in the Salinas River Planning Area, Residential Suburban ,South Atascadero Area as defined by Figure 24-1 with boundaries as follows: Atascadero City limits on the north, Highway 101 on the west, Santa Margarita Road on the south and all lots within the Atascadero Colony lying beyond the Southern Pacific railroad tracks on the east.

==> picture [205 x 191] intentionally omitted <==

Figure 3-1: South Atascadero Area

C.

Applicable Standards.

1.

Sending Sites. Sending Sites shall comply with Sections 22.24.010 et seq.

2.

Receiving Sites. Receiving Sites shall comply with Sections 22.24.010 et seq. in addition to the following:

a.

Minimum Parcel Size. Proposed receiving sites shall be a minimum of four acres or greater in size. The minimum parcel size for lots created using the South Atascadero Community Based program shall be no less than two acres.

b.

Percolation Tests. A percolation test shall be submitted with the land division application. The percolation test shall be performed during the wet season between December and March.

c.

Groundwater monitoring. A Groundwater monitoring well shall be established on each proposed parcel. Monitoring shall be conducted from November to April. Groundwater levels shall be measured continuously using a piezometer to record the seasonal high level. The piezometer may be a float device that mechanically or electrically records the highest water level. The results of the monitoring shall be submitted with the land division application.

d.

Community water. The existing and proposed parcels shall be served by community water. A water will serve letter shall be submitted with the land division application.

e.

Riparian/Drainage setback. Future development on proposed parcels shall be setback a minimum of 50 feet from any natural drainage swales and from any riparian vegetation. For the purposes of this section, natural drainage swales are defined as any naturally occurring drainage areas.

f.

Drainage. Future development on proposed parcels shall use methods for minimizing run-off rates and volumes of storm water on-site to allow percolation to the underlying aquifer including, but are not limited to, the use of pervious paving materials, vegetated swales and other low impact development techniques and retention basins designed to allow percolation.

g.

Tree removal. Future development on proposed parcels shall avoid native vegetation removal. Where vegetation removal can not be avoided then removal shall be minimized. No removal of trees having a diameter of more than six inches at four feet above grade shall occur.

h.

Botanical Survey. A comprehensive botanical survey report shall be submitted with the land division application. The report shall be prepared by a County-approved consultant. The field survey shall comply with California Department of Fish and Game (CDFG) guidelines and be conducted during the flowering (blooming) period after rains have subsided. The report shall include survey findings, a map showing the location of any sensitive, special-status plant species, and recommended mitigation measures.

i.

Archaeology. Phase I Cultural Resources Survey be conducted by a County-approved consultant for any proposed receiver site that is located within 100 feet of the bank of a creek (appearing as a solid, dotted or dashed blue line on the applicable U.S. Geological survey 7.5 -minute topographic quadrangle map) or within 300 feet of a creek where the slopes of the site is less than 10 percent. The associated report shall

be submitted with the land division application. If significant cultural resources are found during the survey, the report shall include recommendations for mitigation, which may include further study, site design modifications, and construction monitoring.

[Added 2007, Ord. 3131]