(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)