A.
To
ensure a strong economy by providing a voluntary mechanism which would
allow the transfer of existing nonresidential development rights from
certain properties to certain other properties within the City, thereby
encouraging economic vitality.
B.
To encourage new development, but not new floor area, in a manner consistent with the City Nonresidential Growth Management Program Ordinance (Chapter 28.85) and Traffic Management Strategy (as approved by City Resolution No. 13-010 and dated as of March 12, 2013).
C.
To
promote the efficient use of under used space, and creative re-use
of existing buildings.
D.
To
encourage uses compatible with surrounding areas.
E.
To
provide flexibility and opportunities for redirecting growth within
the growth cap.
F.
To
encourage the development of a balanced community with economic diversity.
G.
To
stimulate revitalization of existing commercial areas of the City.
H.
To accommodate large scale development that is consistent with the City Nonresidential Growth Management Program Ordinance (Chapter 28.85) and Traffic Management Strategy (as approved by City Resolution No. 13-010 and dated as of March 12, 2013).
I.
To
encourage the construction of housing.
(Ord. 4790, 1992; Ord. 5609, 2013)
consist of the following:
Existing Floor Area.
The amount of nonresidential floor area of existing structures
on a sending site; and
Approved Floor Area.
Nonresidential floor area which has received all discretionary
approvals from the City prior to the date of application for a transfer,
provided that none of those approvals has expired prior to the date
of such application; and
Demolished Floor Area.
Nonresidential floor area of a structure, demolished after
October 1988 and not subsequently reconstructed; and
Converted Floor Area.
Nonresidential floor area of a structure, which has been
permanently converted from nonresidential use to a residential use
after October 1988.
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Existing Development Rights may be aggregated from the above four categories but not so as to increase floor area above the amount allowed by the City Nonresidential Growth Management Program Ordinance (Chapter 28.85).
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A transfer of Existing Development Rights shall transfer to the receiving site only nonresidential floor area regulated by the City Nonresidential Growth Management Program Ordinance (Chapter 28.85), and shall not transfer any other right, permit or approval. A transfer of Existing Development Rights shall not transfer credit for resource use by existing development on the sending site to the receiving site for purposes including, but not limited to, environmental review, development fees, or conditions of approval. The traffic impacts of a proposed transfer of Existing Development Rights shall be analyzed using the approved "City of Santa Barbara Traffic Model" as such Model has most recently been approved by a resolution of the City Council. Existing Development Rights shall be measured in square feet of floor area, except that hotel and motel rooms may be measured by room when Existing Development Rights are developed as hotel or motel rooms on the receiving site. Hotel and motel rooms which are approved but not constructed at the time of transfer approval shall be measured only in square feet of floor area.
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"Floor area" is defined in Section 28.85.020.
A hotel or motel room includes only that floor area within
the walls of rooms let for the exclusive use of individuals as a temporary
abiding place, and does not include any other areas. No replacement
room shall be designed for rental or rented as more than one separate
accommodation.
Floor area is "nonresidential" if the Community Development
Director determines that the floor area was used exclusively for nonresidential
purposes in October, 1988; or that the floor area was vacant in October
of 1988, and the last use of the floor area prior to the proposed
transfer was nonresidential; or that the floor area was approved for
nonresidential purposes as described in paragraph A.2 above.
A site to which Existing Development Rights are transferred.
A site from which Existing Development Rights are transferred.
The transfer of Existing Development Rights as defined in subsection A above from a sending site to a receiving site. Existing Development Rights may be transferred by sale, exchange, gift or other approved legal means, but such transfer shall not be effective until the City has approved the transfer in accordance with the provisions of this chapter and the City's Nonresidential Growth Management Program, as specified in Chapter 28.85, and the conditions of the transfer have been duly satisfied.
(Ord. 4790, 1992; Ord. 5609, 2013)
A.
Application
Review. The application(s) and supporting documentation submitted
by the applicant(s) shall be reviewed by the Community Development
Department. If the application(s) for processing are determined to
be complete by the Community Development Department, the applicant(s)
shall proceed in accordance with the standard application process
in place at the time of submittal.
B.
Transfer
Approval.
1.
Existing
Development Rights may be transferred from Sending Site(s) to Receiving
Site(s) pursuant to the provisions of this chapter and any guidelines
adopted by a resolution of the City Council in order to effectuate
the purposes of this chapter.
2.
After approval, any change in the project, at either the Sending Site(s) or Receiving Site(s), which is not determined by the Planning Commission and/or the Community Development Director to be in substantial conformity with the approved project, shall be a new project and require a new application, review, and approval and/or disapproval. No transfer or receipt of Existing Development Rights shall be valid or effective unless the transfer and receipt, and development plans for both the Sending Site(s) and Receiving Site(s) comply with all requirements of this Municipal Code and have been reviewed and approved by the City in accordance with the provisions of this chapter and the City's Nonresidential Growth Management Program, as specified in Chapter 28.85, and all applicable conditions to the transfer have been satisfied.
C.
Community
Priorities. Any Existing Development Rights approved as a community
priority on a sending site may be transferred only if the new development
on the receiving site is also approved as a community priority.
D.
Multiple
Sending and Receiving Sites. Existing Development Rights may be transferred
from more than one sending site to a single receiving site. Existing
Development Rights may be transferred from one sending site to more
than one receiving site.
E.
Compliance with Approved Traffic Management Strategy. Every transfer of Existing Development Rights must comply with the City's Council-approved Traffic Management Strategy as implemented in Section 28.85.050 of this code. Any Existing Development Rights proposed for transfer must qualify for allocation at the Receiving Site.
(Ord. 4790, 1992; Ord. 5609, 2013)
A.
The
total amount of Existing Development Rights that can be transferred
to a receiving site is subject to the applicable zoning of that receiving
site, provisions of the municipal code, and any and all other applicable
City rules and regulations.
B.
The
total amount of Existing Development Rights that can be transferred
from a sending site is equal to the difference between the eliminated
floor area on the sending site and the floor area of all nonresidential
structures constructed or proposed to be constructed on the sending
site.
(Ord. 4790, 1992)
The following Transfers of Existing Development Rights must
receive Development Plan approval by the Planning Commission or the
City Council on appeal:
A.
Any
transfer of more than 1,000 square feet of Existing Development Rights
from a sending site,
B.
Any
transfer that involves the transfer of a hotel room on a room-for-room
basis, and
C.
Any
project that is constructing, adding, or converting more than 1,000
square feet of nonresidential floor area on a Receiving Site and which
includes any amount of transferred Existing Development Rights. Once
a Development Plan is approved for a Sending Site, the Sending Site
Development Plan approval may be used for subsequent transfers of
Existing Development Rights from the Sending Site as long as the Community
Development Director determines that the condition of the Sending
Site following such subsequent transfers will substantially conform
to the original Development Plan approval.
(Ord. 4790, 1992; Ord. 5609, 2013)
The Planning Commission, or the City Council on appeal, shall
review each application for a transfer of Existing Development Rights
and shall not approve any such transfer unless it finds that:
A.
The
proposed development plans for both the sending and receiving sites
are consistent with the goals and objectives of the General Plan of
the City of Santa Barbara and the municipal code; and
B.
The
proposed developments will not be detrimental to the site(s), neighborhood
or surrounding areas; and
C.
The
floor area of proposed nonresidential development on the receiving
site does not exceed the sum of the amount of Existing Development
Rights transferred when added to the amount of Existing Development
Rights on the receiving site, and does not exceed the maximum development
allowed by the applicable zoning of the receiving site.
D.
Each of the proposed nonresidential developments on the respective Sending Site(s) and Receiving Site(s) will meet all standards for review as set forth in Section 28.85.040 and all provisions of this chapter, and will comply with any additional specific conditions for a transfer approval.
E.
Development
remaining, or to be built, on a sending site is appropriate in size,
scale, use, and configuration for the neighborhood and is beneficial
to the community.
(Ord. 4790, 1992; Ord. 5609, 2013)
A.
The
Planning Commission, or the City Council on appeal, shall require
conditions of development plan approval for plans submitted for sending
and receiving sites. Conditions may include, but are not limited to
a development agreement, as defined in State law, executed by the
City and the sending site owner or the receiving site owner, or both.
The Planning Commission, or the City Council on appeal, may impose
other conditions and restrictions upon the proposed development plans
and transfer approval consistent with the General Plan and may require
security to assure performance of all conditions and restrictions.
B.
The
Planning Commission, or City Council on appeal, shall require as conditions
of development plan approval for plans submitted for the sending and
receiving sites that:
1.
Whenever
a sending site owner is required by this chapter to offer to dedicate
the sending site to the City or other governmental entity approved
by the City, and the floor area to be transferred will be eliminated
by demolition, a sending site owner shall make such offer prior to
issuance of a demolition permit for the sending site. If the City
or other governmental entity approved by the City rejects said offer
of dedication, the Planning Commission approval will be considered
null and void; and
2.
Any
Existing Development Rights, measured in square feet of floor area,
and/or number of hotel or motel rooms when appropriate, and whether
such Existing Development Rights derive from existing, approved, demolished
or converted floor area, shall be clearly and accurately designated
on both the sending and receiving site development plans; and
3.
Prior
to issuance of any necessary permit relating to any Existing Development
Rights approved for transfer from a sending site, the option, deed,
easement, covenant, or other legal instrument by which the existing
development rights are being transferred, and proof of recordation
of the development plan for both sending and receiving sites shall
be reviewed and approved by the Community Development Director.
4.
Proof
of the elimination of the transferred floor area from the sending
site must be reviewed and approved by the Community Development Director
prior to recordation of the approved instrument of transfer. The City
shall be a party to the instrument of transfer in a manner acceptable
to the City Attorney; and
5.
Prior
to the issuance of any building permit for the project proposed on
the receiving site pursuant to this chapter, proof of recordation
of the transfer instrument, and proof of elimination of the Existing
Development Rights on the sending site shall be accepted as satisfactory
by the Community Development Director.
C.
The Community Development Director, or the Director's designee, shall require the satisfaction of the following conditions prior to the issuance of any necessary permit relating to any transfer of existing development rights that did not require the approval of the development plan pursuant to this chapter or Chapter 28.85:
1.
Whenever
a Sending Site owner is required by this chapter to offer to dedicate
the Sending Site to the City or other governmental entity approved
by the City, and the floor area to be transferred will be eliminated
by demolition, a Sending Site owner shall make such offer prior to
issuance of a demolition permit for the Sending Site. If the City
or other governmental entity approved by the City rejects said offer
of dedication, the transfer will be considered null and void; and
2.
Any
Existing Development Rights, measured in square feet of floor area,
and whether such Existing Development Rights derive from existing,
approved, demolished or converted floor area, shall be clearly and
accurately designated on both the Sending and Receiving Site Development
Plans; and
3.
The
option, deed, easement, covenant, or other legal instrument by which
the Existing Development Rights are being transferred shall be reviewed
and approved by the Community Development Director and the City Attorney
as to form. The City shall be a party to the instrument of transfer;
and
4.
Proof
of the elimination of the transferred floor area from the Sending
Site must be reviewed and approved by the Community Development Director
prior to recordation of the approved instrument of transfer; and
5.
Proof
of recordation of the transfer instrument, and proof of elimination
of the Existing Development Rights on the Sending Site shall be accepted
as satisfactory by the Community Development Director.
(Ord. 4790, 1992; Ord. 5609, 2013)
Prior to the transfer of Existing Development Rights from a
sending site to a receiving site, all Existing Development Rights
to be transferred shall be eliminated from the sending site.
A.
Covenants
and Methods of Elimination. The owner of a sending site shall eliminate
floor area by one or more of the following methods and a covenant,
in a form satisfactory to the City Attorney, shall be executed and
recorded by each owner of the sending site. The covenant shall provide
that such elimination shall continue until such time as the covenant
may be released by the City, and the covenant shall be enforceable
by the City.
1.
Existing
floor area shall be eliminated by demolition or by converting such
floor area from a nonresidential to a permanent residential use.
2.
Approved
floor area shall be eliminated by relinquishing all development approvals
relating to the development of such approved floor area on the sending
site.
3.
Demolished
floor area shall be eliminated by relinquishing all rights to rebuild
such floor area on the sending site.
4.
Converted
floor area shall be eliminated by preserving such floor area for residential
use only.
B.
Dedication
of the Sending Site. If no nonresidential floor area is to remain
on the sending site, one or more of the following conditions must
be satisfied:
1.
The
sending site is approved for residential development or conversion;
or
2.
The
sending site has been offered by the owner to be dedicated to the
City, or other governmental entity approved by the City, for use as
a park, parking lot or other public use, and the City or other approved
governmental entity has accepted the dedication; or
3.
The
sending site shall be used as parking or open space in conjunction
with an approved development, and a covenant is recorded restricting
development and use of the sending site, and all improvements are
completed. If the City requires an owner to offer to dedicate a sending
site to the City or other governmental entity approved by the City,
such site shall be free of all defects and title shall be marketable
at the time of the offer to dedicate and at the time of any acceptance.
The City or other governmental entity approved by the City may accept
or reject such offer in its discretion. Rejection of such offer constitutes
disapproval of the proposed transfer.
(Ord. 4790, 1992)
A.
The
legal instrument by which the Existing Development Rights are transferred
shall be submitted with the development plan at the time of application
for a transfer approval. That legal instrument, and any required development
agreement shall be recorded with the County recorder after City approval
of the transfer.
B.
Prior
to any conveyance of real property which has been approved as a sending
site, the owner shall deliver to the prospective owner a written disclosure
statement which shall contain all of the following:
1.
A
legal description of the real property to be conveyed and if different,
a legal description of the sending site; and
2.
The
total amount of Existing Development Rights on the sending site prior
to the transfer of existing development rights, and whether such Existing
Development Rights derived from existing, approved, demolished, and/or
converted floor area; and
3.
The
total amount of Existing Development Rights that have been transferred
from the sending site, and whether such Existing Development Rights
derived from existing, approved, demolished and/or converted floor
area; and
4.
A
certification that the information is true and correct to the best
of the owner's knowledge as of the date signed by the owner. The City
shall not be liable for any error, omission, or inaccuracy contained
in such disclosure.
(Ord. 4790, 1992)
A.
An
approved development plan for either the sending site(s), the receiving
site(s), or both, may be terminated by the City, after a noticed public
hearing, if any condition of the approval of transfer of Existing
Development Rights is violated or any other permit or approval necessary
to approved development on either the sending or receiving site(s)
or both expires or is otherwise terminated.
B.
Recorded
Transfers of Existing Development Rights pursuant to this chapter
shall not terminate when the approved development plan for either
the sending site, receiving site(s) or both, expires or is otherwise
terminated, and such transferred Existing Development Rights shall
remain on the receiving site, and may either be developed pursuant
to a newly approved development plan, or may be transferred to a new
receiving site pursuant to this chapter.
(Ord. 4790, 1992)
Determinations by the Planning Commission are appealable to the City Council pursuant to Section 1.30.050.
(Ord. 4790, 1992)
In the case of any conflict between the terms of this chapter 28.95 and the provisions of the Development Agreement between the City of Santa Barbara and American Tradition, LLC dated June 23, 2016 (the "Development Agreement"), the provisions of the Development Agreement shall control.
(Ord. 5750, 2016)
Enforcement of this chapter shall be pursuant to Chapter 28.98 of the municipal code.
(Ord. 4790, 1992)
The penalty for violating any provision of this chapter shall
be pursuant to Chapter 28.98.002 of the municipal code.
(Ord. 4790, 1992)
