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.
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TEDR Permits are effective, and may only be extended or revised as provided in Chapter
30.205, Common Procedures.