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(A) The purpose of this article is to provide a procedure to preserve significant resource areas within the city, maximum public access and recreation at and near the ocean, and control development in potentially hazardous areas by the transfer of development rights from properties in such areas to qualified properties in other parts of the city.
(B) The transfer of development rights is found to be a reasonable approach to achieve such purposes for the following reasons:
(1) A transfer of development rights system was determined to be feasible in a study entitled “Oxnard Shores Restoration Program Project Feasibility Report,” dated July 18, 1983, and the city council concurs in such determination; and
(2) The transfer of development rights program has been incorporated into the Oxnard Shores, beach and development plan and is consistent with the general plan and local coastal program; and
(3) The transfer of development rights program will assist the city in implementing its responsibilities under the local coastal program; and
(4) The authority to establish a transfer of development rights program is within the scope of the police power granted by Article XI, Section 7 of the State Constitution.
(`64 Code, Sec. 37-6.1.0) (Ord. No. 2006, 2716)
For purposes of this article, the following words shall have the following meanings:
(A) DEVELOPMENT RIGHTS - The potential value of development on a parcel of real property, measured in dwelling units or units of commercial or industrial space. This chapter does not create any such potential that does not otherwise exist.
(B) SENDING AREA -
(1) An area designated as a sensitive resource area;
(2) An area containing potential development hazards in the city's adopted coastal land use plan; or
(3) Other areas designated by the city council from which development rights may be transferred.
(C) SENDING PARCEL OR SITE - A parcel or site located in a sending area.
(D) RECEIVING AREA - An area designated as appropriate for development beyond its base density through the transfer of development rights.
(E) RECEIVING PARCEL OR SITE - A parcel or site located in a receiving area.
(F) BASE DENSITY - The number of dwelling units or units of commercial or industrial space permitted by the zoning classification of a parcel in a receiving area without the use of transfer of development rights or other density bonuses.
(G) TRANSFER UNITS - The additional units of dwellings, commercial space or industrial space allowed on a receiving parcel over base density through the use of transferable development rights.
(H) CONSERVATION EASEMENT - As broadly defined in the California Conservation Easements Act of 1979 (Cal. Civil Code, Section 815-816), any restriction on real property imposed for conservation purposes and binding on future owners of the restricted land.
(I) OPEN SPACE EASEMENT - As broadly defined in Cal. Gov't Code, Sections 51070 through 51097, a restriction on real property which will preserve for public use or enjoyment the natural or scenic character of open space land.
(J) EXCHANGE RATE - The number of transfer units that can be built upon an acre of receiving area by extinguishing all of the transferable development right on one sending parcel.
(`64 Code, Sec. 37-6.2.0) (Ord. No. 2006, 2716)
(A) (1) In order to preserve the beachfront area of Oxnard Shores as a sensitive resource area and an area needed for public access and recreation, and in order to prevent development subject to geologic hazard, all vacant lots located between the ocean and the first public street, and between Fifth Street and Amalfi Way, are designated as sending areas.
(2) Interim determination of the development rights for a particular sending parcel shall be made by the commission upon application for a transfer of development rights. In any case, no more than six transferable development rights shall be assigned to any single legal parcel. Criteria used by the commission for assignment of transferable development rights to each parcel shall include the buildability of the parcel, lot size, existing zoning, exposure to wave runup and other hazards, and the owner's investment-backed expectations.
(B) Final determination of the development rights on each sending parcel shall be made by the commission upon completion of the requisite analysis of all parcels.
(`64 Code, Sec. 37-6.3.0) (Ord. No. 2006, 2716)
(A) Criteria for eligibility -
(1) Transfer units in receiving areas must be served within the existing or planned capacity of major infrastructure, including roads, sewer, water, and storm drainage systems.
(2) The higher density resulting from the addition of transfer units in receiving area will not result in a significant change in the basic character of a neighborhood or create a nuisance.
(3) The addition of transfer units in receiving areas will improve development patterns through providing an incentive for development.
(4) The transfer of development rights to any particular receiving area must provide a net public benefit and an overall reduction in cumulative impacts when compared to the alternative of development in both the sending and receiving areas.
(B) Designated receiving areas - All of the land in the following zoning categories designated as receiving areas:
(1) Coastal zone -
(a) R-W-2, townhouses, water-oriented;
(b) R-2-C, low density, multiple-family;
(c) R-3-C, coastal, medium density, multiple-family; and
(d) PUD-C, coastal, planned unit development.
(2) Noncoastal zone -
(a) R2, low density, multiple-family;
(b) R3, garden apartment zone; and
(c) R4, high rise residential.
(C) Other receiving areas - Eligibility for transfer of development rights to potential receiving areas in other zoning categories shall be determined on an individual case basis upon submittal of a special use permit application to the commission.
(D) Exchange rates -
(1) Purchase of one transferable development right from a sending area shall entitle the owner of a receiving site to build one transfer unit.
(2) In all zoning categories which are designated receiving areas, six per acre is the maximum number of transfer units. This maximum ensures that the criteria for receiving areas are met in any transfer of development rights. The number of transfer units to be added to any receiving area in other zoning categories shall be determined by the commission based on the same criteria.
(3) The exchange rate between the Oxnard Shores sending area and residentially zoned receiving areas shall be a maximum of six transfer units per acre in the receiving area for purchase of all the transferable development rights on each individual lot of record in the sending area. The exchange rate between the Oxnard Shores sending area and other receiving areas shall be determined by the commission upon submittal of a special use permit application.
(`64 Code, Sec. 37-6.4.0) (Ord. No. 2006, 2716)
(A) Subject to a coastal development permit, the city council may allow fee contributions in lieu of the requirements of section 17-70 for the following types of development:
(1) Vacation timeshare use and density bonus; and
(2) Residential density bonus.
(B) Where such a procedure is sought, the city council shall consider the following:
(1) The appropriate in-lieu fee contribution commensurate with the benefit and economic return to the contributor; and
(2) The land use impacts of the development for which the in-lieu fee contribution is sought.
(C) Requirements for in-lieu fee contributions:
(1) For every timeshare unit constructed, one transfer of development rights credit shall be secured.
(2) For every additional timeshare or residential unit over that allowed by zoning, one transfer of development rights credit shall be secured.
(3) Each transfer of development rights credit necessary to develop a project shall be secured prior to issuance of a building permit.
(4) The value of contributing in-lieu fees of each transfer of development rights credit shall be established by the commission at the time of consideration of a coastal development permit for the receiving project.
(5) Funds received from in-lieu fee contributions shall be used by the city to purchase beachfront lots.
(`64 Code, Sec. 37-6.4.1) (Ord. No. 2123, 2716)
(A) Initiation - An application for transfer of development rights shall be initiated as follows:
(1) Prior to any determination of development rights for all sending parcels, the owner of the receiving parcels shall initiate a transfer of development rights by submitting an application for a special use permit to the commission.
(2) Subsequent to final determination of development rights on sending parcels by the commission, the owner of the receiving parcel shall submit an application to the director for certification of the parcel.
(a) If the application meets all the requirements of this chapter and the receiving parcel is in a designated receiving area, the director shall certify that the receiving parcel is eligible to apply for a subdivision map, building permit, special use permit, planned development permit or other land use entitlement with the allowable base density and the additional transfer units.
(b) If the application meets all the requirements of this chapter except that the receiving parcel is not within a designated receiving area, or the applicant requests changes in design standards or street parking standards to accommodate the transfer units, the director shall submit the application to the commission for approval as a special use permit.
(B) Submittal requirements - All applications for the transfer of development rights shall include the following:
(1) A map showing the location and boundaries of the receiving parcel;
(2) The acreage of the receiving parcel;
(3) The zoning and current allowable base density of the receiving parcel;
(4) A site plan that demonstrates that all applicable design standards and off-street parking requirements can be met with the additional transfer units;
(5) If the commission has not determined the development rights on the sending parcel, a map shall be submitted identifying the specific sending parcel from which the applicant intends to acquire development rights; and
(6) If the commission has determined the development rights on sending parcels, the applicant shall submit a copy of all agreements by which sufficient development rights will be acquired to allow the transfer units requested on the receiving parcel.
(C) Requirements for final approval - Approval of transfer of development rights and issuance of a subdivision map or building permits for the receiving parcel shall not be finalized until such time as the following have been accomplished:
(1) Recordation with the Ventura county recorder of a deed of transferable development rights and submittal of a certified copy of that recorded deed to the director. The deed shall be approved as to form and content by the city attorney. The director shall certify that the deed contains adequate development rights to allow development of the approved transfer units on the receiving parcel.
(2) Recordation of an open space or conservation easement on all of the sending parcels from which development rights are obtained. A copy of the recorded easement shall be submitted to the director, who shall certify that all of the development rights on each sending parcel are removed, and the easement has been granted to and accepted by the city, the county, or the Ventura County Land Conservancy.
(3) The open space or conservation easement shall be subject to approval by the city attorney as to form and content. For all sending parcels in the Oxnard Shores area, the easement shall restrict all private residential or commercial development and provide for public access in perpetuity, pursuant to Section 170(h) of the Internal Revenue Code. Any easement granted in the manner provided for in this chapter is approved pursuant to Cal. Gov't Code, Section 51083.5 and Cal. Rev. and Tax. Code, Section 421-4322, provided that any prior conflicting rights in the property leave been subordinated to the easement.
(`64 Code, Sec. 37-6.5.0) (Ord. No. 2006, 2716)
(A) In order to encourage the use of the transfer of development rights program, approved transfer units shall be exempt from certain fees normally imposed by the city. Such exemption is appropriate because there is a clear public benefit to be gained through the program in the preservation of valuable environmental and recreational resources. In addition, exemption from certain city fees will benefit owners of receiving parcels who are providing open space and recreation land through the purchase of transferable development rights.
(B) Upon application for building permits or approval of a tentative subdivision or parcel map including transfer units, the owner may apply to the development services department for exemption from:
(1) Assembly fees for local park acquisition;
(2) Growth development fees;
(3) Park taxes; and
(4) Plan check fees.
(C) The fee exemption shall not apply to units allowed under the base density of the receiving parcel.
(D) The fee exemption shall be approved by the director after all requirements have been met and final project approvals have been obtained.
(`64 Code, Sec. 37-6.6.0) (Ord. No. 2006, 2716)