18.18.080   Transfer of Development Rights
   (a)   Purpose
      The purpose of this section is to implement the Comprehensive Plan by encouraging seismic rehabilitation of buildings in Seismic Categories I, II, and III, and encouraging historic rehabilitation of buildings or sites in Historic Category 1 and 2, and by establishing standards and procedures for the transfer of specified development rights from such sites to other eligible sites. Except as provided in subsection (e)(1) and for city-owned properties as provided in Chapter 18.28, this section is applicable only to properties located in the CD district, and is the exclusive procedure for transfer of development rights for properties so zoned.
   (b)   Establishment of Forms
      The city may from time to time establish application forms, submittal requirements, fees and such other requirements and guidelines as will aid in the efficient implementation of this chapter.
   (c)   Eligibility for Transfer of Development Rights
      Transferable development rights may be transferred to an eligible receiver site upon:
      (1)   Certification by the city pursuant to Section 18.18.070 of the floor area from the sender site which is eligible for transfer; and
      (2)   Compliance with the transfer procedures set forth in subsection (h).
   (d)   Availability of Receiver Sites
      The city does not guarantee that at all times in the future there will be sufficient eligible receiver sites to receive such transferable development rights.
   (e)   Eligible Receiver Sites
      A site is eligible to be a receiver site only if it meets all of the following criteria:
      (1)   It is located in the CD commercial downtown district, or is located in a planned community (PC) district if the property was formerly located in the CD commercial downtown district and the ordinance rezoning the property to planned community (PC) approves the use of transferable development rights on the site.
      (2)   It is neither an historic site, nor a site containing a historic structure, as those terms are defined in Section 16.49.020(e) of Chapter 16.49 of this code; and
      (3)   The site is either:
         (A)   Located at least 150 feet from any property zoned for residential use, not including property in planned community zones or in commercial zones within the downtown boundaries where mixed use projects are.
         (B)   Separated from residentially zoned property by a city street with a width of at least 50 feet, and separated from residentially zoned property by an intervening property zoned CD-C, CD-S, or CD-N, which intervening property has a width of not less than 50 feet.
   (f)   Limitations On Usage of Transferable Development Rights
      No otherwise eligible receiver site shall be allowed to utilize transferable development rights under this chapter to the extent such transfer would:
      (1)   Be outside the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 0.5 to 1 above what exists or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet.
      (2)   Be within the boundaries of the downtown parking assessment district, result in a maximum floor area ratio of 1.0 to 1 above what exists, or would otherwise be permitted for that site under Section 18.18.060, whichever is greater, or result in total additional floor area of more than 10,000 square feet.
      (3)   Cause the development limitation or project size limitation set forth in Section 18.18.040 to be exceeded.
      (4)   Cause the site to exceed 3.0 to 1 FAR in the CD-C subdistrict or 2.0 to 1 FAR in the CD-S or CD-N subdistricts.
   (g)   Parking Requirements
      Any square footage allowed to be transferred to a receiver site pursuant to this chapter shall be subject to the parking regulations applicable to the district in which the receiver site is located.
   (h)   Transfer Procedure
      Transferable development rights may be transferred from a sender site (or sites) to a receiver site only in accordance with all of the following requirements:
      (1)   An application pursuant to Chapter 18.76 of this code for major ARB review of the project proposed for the receiver site must be filed. The application shall include:
         (A)   A statement that the applicant intends to use transferable development rights for the project;
         (B)   Identification of the sender site(s) and the amount of TDRs proposed to be transferred; and
         (C)   Evidence that the applicant owns the transferable development rights or a signed statement from any other owner(s) of the TDRs that the specified amount of floor area is available for the proposed project and will be assigned for its use.
      (2)   The application shall not be deemed complete unless and until the city determines that the TDRs proposed to be used for the project are available for that purpose.
   (3)   In reviewing a project proposed for a receiver site pursuant to this section, the architectural review board shall review the project in accordance with Chapters 18.76 and 18.77 of this code; however, the project may not be required to be modified for the sole purpose of reducing square footage unless necessary in order to satisfy the findings for approval under Chapter 18.76 or any specific requirement of the municipal code.
      (4)   Following ARB approval of the project on the receiver site, and prior to issuance of building permits, the director of planning and development services or the director's designee shall issue written confirmation of the transfer, which identifies both the sender and receiver sites and the amount of TDRs which have been transferred. This confirmation shall be recorded in the office of the county recorder prior to the issuance of building permits and shall include the written consent or assignment by the owner(s) of the TDRs where such owner(s) are other than the applicant.
   (i)   Purchase or Conveyance of TDRs - Documentation
      (1)   Transferable development rights may be sold or otherwise conveyed by their owner(s) to another party. However, no such sale or conveyance shall be effective unless evidenced by a recorded document, signed by the transferor and transferee and in a form designed to run with the land and satisfactory to the city attorney. The document shall clearly identify the sender site and the amount of floor area transferred and shall also be filed with the department of planning and development services.
      (2)   Where transfer of TDRs is made directly to a receiver site, the recorded confirmation of transfer described in subsection (h)(4) shall satisfy the requirements of this section.
(Ord. 5494 § 3, 2020: Ord. 5373 § 15 (part), 2016; Ord. 5356 § 2, 2015: Ord. 5214 § 3, 2013: Ord. 4923 § 4 (part), 2006)