Existing Development Rights.
Existing Development Rights consist of the following:
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's Nonresidential Growth Management Program (Chapter 30.170, Nonresidential Growth Management Program).
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A transfer of Existing Development Rights shall transfer to the receiving site only nonresidential floor area regulated by the City's Nonresidential Growth Management Program (Chapter 30.170, Nonresidential Growth Management Program), 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.
Floor Area is defined pursuant to the Nonresidential Growth
Management Program in Subsection 30.170.020.D, Floor Area.
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, Approved Floor
Area, 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
30.170, Nonresidential Growth Management Program, and the conditions of the transfer have been duly satisfied.
All Transfers of Existing Development Rights require a Transfer of Existing Development Rights (TEDR) Permit, pursuant to Chapter
30.270, Transfer of Existing Development Rights Permit.
The following actions shall be completed prior to the issuance
of any necessary permit relating to any Transfer of Existing Development
Rights.
A. 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
B. Any
Existing Development Rights, measured in square feet of floor area,
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 plans; and
C. 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
D. 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
E. 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.
In the case of any conflict between the terms of this chapter
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.