Where the property owner chooses, they may offer to the city or another public agency an easement, the ownership or another acceptable method of open space dedication for that portion of their property designated as NR natural resources. In such cases the city shall provide the property owner with a development agreement which provides for residential development density credit, above that permitted by the general plan, on the immediately adjacent non-NR area of the subject parcel. This provision shall be subject to meeting all of the following criteria:
A. The offered lands within the natural resources zone district shall be substantially in a natural undisturbed state;
B. The offer for dedication and development agreement shall be negotiated with the city and approved by the city council prior to recordation of the dedication. The development agreement shall be recorded at the same time as the dedication;
C. The residential density bonus shall be calculated based only on the geometric area zoned NR which is to be dedicated;
D. The density bonus granted shall not exceed one-third of the density which would be permitted if the natural resources zone were designated the same land use as the adjacent area. Where the adjacent area is designated for residential use its density shall be used. If the adjacent area is designated for commercial use, up to twelve or fifteen units per acre shall be used, as specified for the commercial area density by the general plan. Where two designations are adjacent the lower density shall be used as typical; however the additional units may be located in either area; and
E. The development agreement bonus units shall be located only on immediately adjacent lands owned by the same property owner which are not in the resource conservation area. The units may not be applied to lands not adjacent nor to lands owned by another party. However, provision may be made in the development agreement permitting the right to the additional units to transfer with property title if the owner wished to sell at a later date.
(Ord. 700(Exh. A), 2003)