§ 6.1081. Density transfer.

The density transfer option is intended to provide an incentive to move construction from portions of a parcel with severe environmental constraints to less constrained areas. A density transfer may be approved through the use of amended development standards and the approval processes in Sections 6.1083.A. and B. The benefits of transfer decline as development in the most sensitive areas increases. The use of this option can lead to the preservation of significant areas of environmentally sensitive lands including land slopes over fifteen (15) percent, watercourses, and special features.

A.

Density transfer for Conservation Area (CA).

1.

In order to qualify for the maximum rate of density transfer (1:1) the severely constrained areas (SCA) must be designated CA. The severely constrained areas are those portions of the hillside landform containing or surrounded by any one (1) of the following environmental conditions; provided that for purposes of density transfer only, SCA shall not include areas of ten (10) acres or more which do not contain any of the environmental conditions specified below, even if the area is surrounded by one (1) or more conditions, so long as any development proposed for the surrounded area is not visible from viewpoints established on the City's special features map:

a.

Land slopes over twenty-five (25) percent.

b.

Unstable slopes as listed in Section 6.1021.B.

c.

Special features as listed in Section 6.1021.C.

The rate of transfer for the parcel is reduced in proportion to reductions in the amount of SCA that is designated as CA.

2.

Undisturbed natural areas and land stripped of natural vegetation or scarred prior to January 1, 1990, which has been revegetated may be established as CA as follows:

a.

The entire NAOS area will be permanently maintained as Natural Area Open Space through easements, donation or dedication to the City or other organization. If NAOS is located in a common tract owned by a homeowners association, the property shall be maintained through a common maintenance agreement.

b.

Land designated CA may also be rezoned to the conservation open space (COS) district except that only the unimproved land in the COS district is eligible for density transfer calculations.

c.

The receiving area is the portion of the property that will receive the density transfer. The maximum permitted density in the receiving area is equal to the number of units being transferred from the CA or unimproved COS areas, plus the base intensity for the receiving area from Table 6.1081.A.

3.

Density transfer calculations. The base intensity for the existing zoning shall be determined using Table 6.1081.A. and shall be permitted to be transferred to another area of the parcel as follows:

a.

Determine the acreage of SCA on the gross parcel.

b.

Determine the percent of SCA that is designated CA by dividing the CA acreage by the SCA acreage. This percentage is the rate of density transfer for the parcel. Only the area of NAOS to be designated CA may be included in the calculation of land eligible for density transfer.

c.

Determine the base intensity for the land designated CA by multiplying the CA acreage times the intensity in Table 6.1081.A. for the applicable zoning district. Sensitive lands that are not SCA may also be selected for CA in order to transfer density to less constrained areas.

d.

Determine the number of units eligible for density transfer by multiplying the percent of land designated CA (b. above) times the base intensity for the land designated CA (c. above).

e.

The calculation established in a. through d. above may be summarized by the following formula:

Percentage of SCA designated CA

×

Acres designated CA

×

Base intensity of designated CA

=

Total permitted density transfer for the CA area

 

B.

Density transfer bonus for regional drainage. In order to promote regional drainage and flood control, the land area required for regional drainage facilities, as part of an approved City regional drainage and flood control plan developed by the City, may be used for a density transfer as follows:

1.

A one-hundred (100) percent transfer of the intensity permitted under the existing zoning by Table B may be used for a density transfer.

2.

The land area from which the density is transferred must be legally secured through conservation or open space easements or dedication. The land may be designated CA or rezoned to the open space district (OS) where appropriate.

C.

Eligible receiving areas. The portion of the development project that can receive density transfer shall have less sensitive environmental conditions than the CA or COS land from which the density is transferred. Eligible receiving areas are any portions of the development project that do not contain slopes over twenty-five (25) percent, unstable slopes, special features, minor watercourses or major watercourses.

D.

Off-site transfers. Density transfers to noncontiguous parcels may be approved, in order to encourage the transfer of development rights from more sensitive areas to those that are less sensitive. Noncontiguous transfers permit the property owners of less sensitive lands to join in a single application with the property owner of more sensitive areas, and to transfer development potential from the more sensitive to the less sensitive areas without the need for rezoning.

An application to make a noncontiguous transfer must be signed by the property owners of both parcels, and must meet the procedural requirements of this section, and Section 6.1083., and the following criteria:

1.

On February 19, 1991, the parcel was a legally constituted lot on which development would have been permitted under the terms of the Zoning Ordinance in effect at the time the lot was created or was annexed to the City.

2.

At least eighty (80) percent of the parcel from which density will be transferred (the "transfer parcel") must consist of severely constrained areas.

3.

No development will be permitted on the transfer parcel.

4.

The transfer parcel must be permanently secured as CA through easements, donation or dedication to the City or other organization, by a means approved by the City or zoned COS.

5.

The parcel to which density will be transferred (the "receiving parcel") must be located within the ESL in the upper desert or lower desert landform.

6.

No permits will be issued for the receiving parcel, until the transfer parcel has been permanently secured as CA or rezoned COS.

Table 6.1081.A.
Base Intensity by Zoning District*

*These numbers shall be used in calculating the following:

a.

The number of units or intensity to be used in a density transfer.

b.

The maximum number of units for any parcel where a density transfer is not being used.

c.

The "base" intensity on a parcel before the NAOS density incentive is applied.

1.

Residential uses, excluding guest rooms.

District	Factor (DU/AC)	District	Factor (DU/AC)
R1-190	0.21	R-3	12.93
R1-130	0.31	R-4	8.31
R1-70	0.55	R-4R	7.54
R1-43	0.83	R-5	23.00
R1-35	1.04	S-R	12.44
R1-18	1.87	PNC	4.00
R1-10	3.12	PCC	4.00
R1-7, MH	4.16	PCoC	4.00
R1-5	5.00	PCP	25.00
R-2	7.28

 

2.

Hotels, motels, and resorts.

District	Factor (Guest Rooms/Acre
R-4R	10.62
R-5	33.00
C-2	43.56
C-3	43.56
PRC	21.78
WP	43.56

 

3.

Nonresidential uses.

District	Factor (Floor Area Ratio)
S-R	0.4
C-O, I-G, I-1,	0.6
C-1, C-2, C-3, C-4, C-5, SS, PRC, WP, PCP	0.8
PNC, PCC	0.3
PcoC	0.2
P-3	1.0

 

(Ord. No. 2305, § 1, 2-19-91; Ord. No. 3395, § 1, 12-11-01; Ord. No. 3920, §§ 1(Exh. § 82, 83), 11-9-10; Ord. No. 4143, § 1(Res. No. 9678, Exh. A, §§ 167—174), 5-6-14)