Chapter 20.545 — TRANSFER OF DEVELOPMENT RIGHTS

This Chapter provides procedures for the transfer of development rights from a property (sending area) to one or more other properties (receiving area(s)) located within or proposed for annexation to the City. (Ord. 1017, 2013)

The provisions of this Chapter shall apply within all zones. (Ord. 1017, 2013)

• A. Density thresholds. Proposed transfers of development rights shall comply with the density thresholds in Section 20.210.040 (Residential Zone Density Thresholds and Incentives).

• B. 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.

• C. 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.

• D. Nonconforming developments. Where a transfer of development intensity involves a lot 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.

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

• (Ord. 1017, 2013)

• A. Conditional Use Permit required.

  1. A Conditional Use Permit shall be required to authorize the transfer of development rights.

  2. The Council shall be the applicable review authority for Conditional Use Permits proposing the transfer of development rights in compliance with this Chapter.

  3. At the voluntary request of the landowners in the sending areas and the receiving areas, the Council may increase densities in the receiving areas and reduce densities in the sending areas.

• B. Filing requirements. An application for a Conditional Use Permit shall be filed and processed in compliance with Chapter 20.500 (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 Subsection C . (Findings), below.

• C. Findings. When approving a transfer of development intensity, the Council shall make all of the following findings, in addition to those required under Chapter 20.550 (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 view corridor(s), increased parking, or other amenities;

     • b. Preservation of a historic building or property, or natural resources;

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

     • d. Reduction of local vehicle trips and traffic congestion; and

     • e. Consolidation of parcels to achieve a more efficient use of land.

  2. The transfer of development rights will not result in adverse traffic impacts;

  3. The increased development potential transferred to the receiver site will be compatible and in scale with surrounding development and will not create abrupt changes in scale or character; and

  4. The receiver site is physically suitable for the development proposed taking into consideration adjacent circulation patterns, protection of significant public views and open space, and site characteristics, including any slopes, submerged areas, and sensitive resources.

D. Conditions of approval.

1. 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 in Subsection C . (Findings), above.

2. Legally binding agreement required. Additionally, a covenant or other suitable, legally binding agreement that is approved by the City Attorney and Director shall be recorded against the donor site ensuring that all of the requirements of the transfer of development rights will be met by the current and future property owners and their successor(s)-in-interest.

• (Ord. 1017, 2013)

The procedures and requirements in Chapter 20-565 (Implementation, Time Limits, and Extensions), and those related to appeals and revocation in Article 6 (Administration) shall apply following the decision on a Conditional Use Permit application authorizing a transfer of development rights in compliance with this Chapter. (Ord. 1017, 2013)