§ 23.04.440. Transfer of Development Credits - Cambria.

The purpose of this section is to implement portions of the Cambria Transfer of Development Credits (TDC's) Program by providing a procedure to allow simple transfers within the community of Cambria. Consistent with applicable planning area programs and standards of the Land Use Element, the objective of this section is to reduce potential development in environmentally sensitive within the Urban Reserve Line of Cambria (URL), and help implement a buildout reduction program within the boundaries of the Cambria Community Services District. Through the use of TDC's, potential development for lots within sensitive areas may be transferred, in terms of allowable building area (expressed in square footage), to more suitable sites within the URL. A lot from which development credits have been transferred is "retired", and loses its building potential through recordation of permanent conservation easement or other document. A TDC "receiver" site would then be allowed to be developed with a larger dwelling than would otherwise be allowed by planning area standards.

a.

Where allowed. Receiver sites shall be located within the Residential Single Family land use category and on parcels in a small-lot residential subdivision only. Small-lot residential subdivisions, as identified in North Coast Area Plan (Part II of the Land Use Element) for the Cambria Urban Area include East Lodge Hill, West Lodge Hill, Park Hill, Happy Hill, and Pine Knolls. Lots being retired for purposes of a transfer shall be in a location consistent with Combining Designations Program number 17 (Chapter 6, Section D of the North Coast Area Plan). Lots within Special Project Area #2 (Visible Hillside) may qualify as a receiver site (for additional GSA or footprint) provided retiring lots are within the same special project area, as shown on the following exhibits. Lots within Special Project Area #1 - Fern Canyon are not allowed to use TDCs as a receiver site.

b.

Permit requirement. Minor Use Permit for the proposed dwelling and site receiving the additional allowed square footage. No permit requirement for the lot to be retired into open space.

c.

Required findings. The Planning Director or applicable appeal body shall not approve a Minor Use Permit for a residence to be constructed with additional square footage gained through TDC until the following findings have been made:

(1)

Adequate instruments have been executed to assure that lot(s) to be retired will remain in permanent open space and that no development will occur; and

(2)

The "receiver" site can accommodate the proposed scale and intensity of development without the need for a variance (23.01.045), exception to height limitations (23.04.124b) or modification to parking standards (23.04.162h); and

(3)

The circumstances of the transfer are consistent with the purpose and intent of the applicable planning area programs and standards regarding transfer of development credits.

d.

Eligible purchasers of TDC's.

(1)

Owners of small residential single-family lots within the Cambria Urban Reserve Line. Through the transfer of development credits (TDC's), owners of property with sewer or water service by the Cambria Community Services District (CCSD) that are located on West Lodge Hill, East Lodge Hill, Park Hill, Happy Hill or Pine Knolls may be allowed an increase in the allowable footprint and gross structural area on their property.

(2)

Other properties. Owners of properties that have been required by planning area standards, conditions of development approval, or other provisions of the Local Coastal Program to offset impacts of development through purchase of TDC's may also participate.

e.

Application contents. In addition to meeting the application contents of section 22.02.033 (Minor Use Permit), an applicant proposing a TDC shall submit evidence that a preliminary agreement has been reached between the property owners and a non-profit corporation organized for conservation purposes approved by the Planning Director, and including the following:

(1)

The location of the lot(s) to be retired;

(2)

The size and approximate slope of both lots to be retired and lot(s) to receive additional square footage;

(3)

The method of permanent disposition of fee title of the lot(s) to be retired;

(4)

The type of conservation easement, deed restriction or other instrument utilized to guarantee the permanent open space of the lot(s) to be retired.

f.

Participation of a non-profit corporation required. A TDC shall not be approved unless a non-profit corporation or public agency, organized for conservation purposes and approved by the Planning Director, participates in the TDC process. The role of the non-profit corporation may include public information and TDC program development, a source of available square footage for purchase, recordation of easements, deed restrictions or other documents, and may be responsible for final disposition of lots to be retired.

[Amended 2018, Ord. 3365]