This chapter establishes a process for consideration and review of Transfer of Existing Development Rights (TEDR) Permits.
Approval of a Transfer of Existing Development Rights (TEDR) Permit is required for uses or developments specifically identified in any section of this title that refers to a requirement for a TEDR Permit.
The following bodies shall approve, conditionally approve, or deny applications for TEDR Permits based on consideration of the requirements of this chapter.
A. 
Planning Commission. The following projects require action on a TEDR Permit by the Planning Commission:
1. 
Any transfer of more than 1,000 square feet of Existing Development Rights from a Sending Site,
2. 
Any transfer that involves the transfer of a hotel room on a room-for-room basis, and
3. 
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.
a. 
Once a TEDR Permit is approved for a Sending Site, the Sending Site TEDR Permit 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 TEDR Permit.
B. 
Community Development Director. All other Transfers of Existing Development Rights must receive a TEDR Permit approval from the Community Development Director.
Applications for TEDR Permits shall be accepted and processed pursuant to Chapter 30.205, Common Procedures, and the specific requirements of this chapter. In addition to any other application requirements, the application for a TEDR Permit shall include data or other evidence in support of the applicable findings required by Section 30.270.060, Required Findings, below.
TEDR Permits reviewed by the Planning Commission shall require public notice and hearing pursuant to Chapter 30.205, Common Procedures.
A TEDR Permit shall only be approved if the Review Authority makes all of the following findings in addition to any other findings required by this title.
A. 
The proposed development 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 this title;
B. 
The proposed developments will not be detrimental to the site(s), neighborhood or surrounding areas;
C. 
Each of the proposed nonresidential developments on the respective Sending Site(s) and Receiving Site(s) will comply with all applicable provisions of this title, and with any additional specific conditions for a transfer approval;
D. 
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; and
E. 
The proposed development is consistent with the policies of the City of Santa Barbara Traffic Management Strategy (as approved by City Resolution No. 13-010 dated as of March 12, 2013) as expressed in the allocation allowances specified in Section 30.170.030, Traffic Management Strategy.
In approving a TEDR Permit, the Review Authority may impose reasonable conditions or restrictions deemed necessary to:
A. 
Achieve the general purposes of this title or the specific purpose of the zoning district in which the project is located;
B. 
Achieve the findings for TEDR Permit approval stated in this title; or
C. 
Mitigate impacts identified as a result of environmental review conducted in compliance with the California Environmental Quality Act.
The Review Authority may require reasonable guarantees and evidence that the applicant is complying, or will comply, with the conditions of approval. Violation of any such condition may be grounds for suspension or revocation of the TEDR Permit approval or any permit or certificate of occupancy issued with respect to the TEDR Permit.
TEDR Permits are effective, and may only be extended or revised as provided in Chapter 30.205, Common Procedures.
A. 
An approved permit for either the Sending Site(s), the Receiving Site(s), or both, may be revoked by the City, pursuant to Section 30.205.140, Revocation of Permits, 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 shall not terminate when the approved permit 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 new approval, or may be transferred to a new Receiving Site pursuant.