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)
Existing Development Rights
consist of the following:
1. 
Existing Floor Area.
The amount of nonresidential floor area of existing structures on a sending site; and
2. 
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
3. 
Demolished Floor Area.
Nonresidential floor area of a structure, demolished after October 1988 and not subsequently reconstructed; and
4. 
Converted Floor Area.
Nonresidential floor area of a structure, which has been permanently converted from nonresidential use to a residential use after October 1988.
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).
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.
Floor Area.
"Floor area" is defined in Section 28.85.020.
Hotel or Motel Room.
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.
Nonresidential Floor Area.
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.
Receiving Site.
A site to which Existing Development Rights are transferred.
Sending Site.
A site from which Existing Development Rights are transferred.
Transfer of Existing Development Rights.
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)
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)
The penalty for violating any provision of this chapter shall be pursuant to Chapter 28.98.002 of the municipal code.
(Ord. 4790, 1992)