Chapter 17.68
TRANSFER DEVELOPMENT RIGHTS, DENSITY BONUS, AND CLUSTER DEVELOPMENTS
Sections:
17.68.020 Cluster Developments.
17.68.030 Density Bonus Requirements.
17.68.040 Transfer Development Rights Program.
17.68.010 Purpose.
It is the purpose of this chapter to establish regulations for applications for cluster developments, density bonuses, and transfer development rights. These standards are in addition to the property development standards of this code unless, where applicable, they are superseded by those standards to provide for these types of development. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 20-10 § 6, 12/8/20)
17.68.020 Cluster Developments.
A. Purpose. The purpose of this section is to minimize the disruption of natural resources and major physiographic features, preserve land as permanent open space by encouraging innovative development alternatives, and/or create opportunities for parks and other recreation facilities that would not otherwise be feasible under traditional development standards.
B. Conditions. In conjunction with the submittal of an application for a tentative map, an applicant may submit an application for a conditional use permit to allow for a cluster development. In approving a conditional use permit for a cluster development, the approving authority shall impose conditions pertaining to the following:
1. Preservation of Commonly Owned Areas.
a. The approving authority shall require the permanent reservation of all commonly owned areas. Such reservation shall be by establishment of a homeowners’ association, maintenance district or other appropriate means or methods to ensure to the satisfaction of the approving authority the permanent reservation and continued perpetual maintenance of required commonly owned areas.
b. As a means to further ensure the reservation of commonly owned areas, the approving authority shall also require that where lots or parcels of land are sold or are otherwise separated in ownership, no dwelling unit shall be sold, conveyed or otherwise alienated or encumbered separately from an undivided interest in any commonly owned areas comprising a part of such development. Such undivided interest shall include either:
i. An undivided interest in the commonly owned areas; or
ii. A share in the corporation or voting membership in an association owning the commonly owned area.
2. Dwelling Unit Type. The approving authority shall require that all dwelling units be single-family residences unless a multifamily development is requested and approved.
3. Location, Separation and Height of Buildings. The approving authority shall impose conditions as it deems necessary to govern the location, separation and height of buildings to ensure compatible placement on the proposed site and with relationship to the surrounding area.
C. Additional Conditions. In addition to the conditions listed above, the approval authority may impose conditions pertaining to the following:
1. Location of Automobile Parking Facilities. Where the approval authority determines that the proposed development will contain design features offering amenities equal to or better than a development plan incorporating required automobile parking facilities on the same lot or parcel of land, such automobile parking may be located on a separate lot or parcel; provided, that such parking facility is:
a. In full compliance with all other provisions of Section 17.51.060 (Parking Standards); and
b. Located on a separate lot or parcel of land under common ownership; and
c. Conveniently located and easily accessible to the dwelling it is intended to serve; and
d. No greater than two hundred (200) feet from the residence it is intended to serve.
2. Architecture. The approving authority may impose conditions governing the suitability of architecture as necessary to integrate the proposed development project within the proposed site and the surrounding area, including appearance of the proposed development from surrounding property.
3. Yards/Lot Size. The approving authority may modify any or all yard and lot size requirements of the basic zone wherein a cluster development is proposed. In reaching its determination to modify these requirements and to what extent, the approving authority shall base its decision on whether such modification will:
a. Encourage design features promoting amenities equal to or better than a development plan incorporating required yards and minimum lot size; and
b. Assist in integrating the proposed development in relation to its location on the site and its relationship to the surrounding area.
Nothing in this subsection shall be construed to prohibit imposition of yards and lot sizes exceeding the minimum provided in the zone.
4. Landscaping. The approving authority may require a plan for the landscaping of any or all parts of the development submitted to and approved by the approving authority in order to ensure that the development will be complementary to and compatible with the uses in the surrounding area.
5. Utilities. The approving authority may require the applicant to submit and be made a condition of approval for a cluster development, satisfactory evidence that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development. (Ord. 13-8 § 4 (Exh. A), 6/11/13; Ord. 20-10 § 6, 12/8/20)
17.68.030 Density Bonus Requirements.
A. A density bonus shall be available consistent with the requirements of Government Code Section 65915 and sections amendatory or supplementary thereto. Any applicant for a density bonus shall make such application on a form approved by the Director at the time of submitting any entitlement application for the development for which a density bonus is requested. The application shall include, at a minimum, the following information:
1. A description of how the proposed project meets the criteria for a density bonus under Government Code Section 65915;
2. What concession(s), if any, are requested by the applicant;
3. An explanation of how the requested concession(s) are necessary to provide for affordable housing costs;
4. Whether a parking reduction is requested;
5. A depiction of the intended use or location of the density bonus housing within the proposed development.
B. As required by Government Code Section 65915 and sections amendatory or supplementary thereto, the Director shall require an instrument recorded against title, enforceable by the Director, to ensure the continued affordability of the affordable units within a project receiving a density bonus. Such instrument may include, but is not limited to, an equity sharing agreement, an affordability covenant, a deed of trust, a development agreement, or some combination thereof at the discretion of the Director; provided, that such instrument(s) does not unreasonably restrict title of any of the units and/or does not make the project economically infeasible. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.68.040 Transfer Development Rights Program.
A. Purpose. The purpose of the transfer development rights (TDR) program is to transfer development rights from an appropriate sending site to an appropriate receiving site within the General Plan area, on a voluntary basis. These provisions are intended to supplement land use regulations, resource protection, open space acquisition, and to encourage increased residential and commercial land use densities in areas where infrastructure, especially public transportation, is readily available, subject to the issuance of a conditional use permit per Section 17.25.100 (Conditional Use Permit). Final action by the Council will be required for the approval of a TDR request.
B. Requirements. A TDR program shall include a sending site which is a parcel, or parcels for which land use densities are relinquished, and transferred, to a receiving site which can accept the relinquished density.
1. Sending Site Criteria. The sending site can be located in either the City or unincorporated Los Angeles County that is designated as open space, open space—National Forest, open space—Bureau of Land Management, or any non-urban designated land within a significant ecological area (SEA) on the City’s General Plan land use map. In addition, any area that is considered an agricultural resource or other site acceptable to the approving authority can be considered.
2. Receiving Site Criteria. The receiving site shall be located in the City and designated as mixed use, community commercial, or regional commercial land on the City’s General Plan land use map. In addition, any area that is considered a transit oriented development, an underutilized infill site or other site acceptable to the approving authority. The receiving site shall not be a site subject to Sections 17.23.130 (Hillside Development Review).
C. Findings. In addition to the findings required in Section 17.25.100 (Conditional Use Permit), the following findings shall also be met:
1. The sending site contains unique natural or cultural features, allows for a higher-level resource management, the preservation of agricultural lands or allows the acquisition of open space.
2. The receiving site shall be located with access to, or in close proximity of, all the needed infrastructure including, but not limited to, public transportation, schools and commercial services.
D. Conditions. In addition to the conditions required in Section 17.25.100 (Conditional Use Permit), the following condition shall also be required:
1. The development rights of the sending site shall be transferred to the City either through dedication of the site, a public use and access easement or other method acceptable to the Council to ensure that the site remains open space. In the case of an agricultural sending site, the easement shall allow for the continuation of agricultural operations. (Ord. 13-8 § 4 (Exh. A), 6/11/13)