MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.64.190 - TRANSFER OF DEVELOPMENT CREDITS

20.64.190.010             PREMISES OF THE TRANSFER OF DEVELOPMENT CREDIT ORDINANCE.

The Transfer of Development Credit Ordinance is based, in part, on the following premises:

1.         The California coast has been recognized as an area of special significance requiring state-enacted regulation of land use, with the most significant manifestation of this intent being the passage of Proposition 20 in 1972;

2.         The Big Sur was recognized as an area of statewide importance and of particular concern in the California Coastal Plan of 1975;

3.         The significance of cumulative impact concerns in the Big Sur area was legislatively recognized through the substantial increase in Coastal Act regulatory jurisdiction in the California Coastal Act of 1976 (up to several miles inland) in comparison with the 1,000 yard permit boundary of the California Coastal Zone Conservation Act of 1972;

4.         The California Coastal Act of 1976 places great stress on resolving land use and environmental protection problems at the local government level rather than having specific solutions imposed by the state regulatory agency (e.g., Public Resources Code Section 30500(c);

5.         Based on extensive studies, all levels of government concur in the view that Big Sur is an area of national significance whose resources would be threatened by the cumulative impact of development absent an effective regulatory program; and

6.         A major land use issue confronting the County is how cumulative impacts can be regulated in both an effective and equitable manner.

20.64.190.020             OBJECTIVES OF THE TRANSFER OF DEVELOPMENT CREDIT REGULATIONS.

Based on the foregoing premises, the Big Sur Transfer of Development Credits program is intended to carry out the following objectives:

1.            Maintain the natural and scenic resources of Big Sur for the benefit of County residents and of residents of the State of California;

2.            Maintain the natural and scenic resources of Big Sur to assure the vitality of the County's tourism industry which depends in large part on the Big Sur;

3.         Provide a system of land use regulation of the Big Sur that is controlled and implemented locally.

4.         Provide a means of implementing the policies of the Big Sur Local Coastal Program (certified pursuant to the provisions of the California Coastal Act of 1976), which, while publicly regulated, relies primarily on private involvement and participation to carry out the program.

5.            Establish regulations for transferring development credit from parcels rendered unbuildable by the viewshed policies of the Big Sur Land Use Plan to other sites within the Big Sur Land Use Plan area deemed viable for additional development beyond that normally allowed by the Big Sur Land Use Plan and zoning consistent with that Plan.

20.64.190.030            DEFINITIONS.

Chapter 20.06 of this Title includes those definitions applicable in the County and as are commonly used throughout this Title.  These definitions are also applicable in the Coastal Zone.

Definitions provided in this chapter specifically adopted to implement the Big Sur Coast LCP TDC Program shall apply only in the Big Sur Coastal segment.

In addition to the other definitions made in this Title the following terms are defined for the purposes of this chapter:

Buildable Parcel, a "buildable parcel" is any parcel which, regardless of size, contains a site which can be accessed and upon which at least one single family residence can be constructed in conformity with all of Monterey County's health and safety codes and all County Land Use Plan policies except the critical viewshed policy in effect at time of application for a development or building permit.

Donor Site, a "donor site" is a buildable viewshed lot within the Big Sur Coast Land Use Plan area which has been designated as a donor site at a public hearing pursuant to Section 20.84 to qualify for transferable development credits (TDCs).

Viewshed Policies, the "LCP viewshed policies" are the Critical Viewshed Policies set forth in the Big Sur Coast Land Use Plan.

Receiver Site, a "receiver site" is a buildable parcel designated to receive one or more TDCs for use in developing a specific project.  The designation is made after a noticed public hearing pursuant to Section 20.84 or Title 19 (Subdivision Ordinance) of the Monterey County Code.

Residential Building Site, a "residential building site" is a location within a buildable parcel upon which one single family residence can be constructed.

Rendered Unbuildable, to be "rendered unbuildable" means that a buildable parcel may not be developed because the parcel is subject to the constraints of the viewshed policies.  Public Resources Code ~ 30106.

Transfer, a "transfer" is the set of actions which result in an increase in development on one parcel-"receiver site"-over the level initially allocated under zoning by reducing the development on another parcel-"donor site"-by a like amount.  In a typical transaction, two parcel owners will contract to transfer between themselves to their mutual financial advantage.  The transfer of development is officially validated at the time the receiving site is issued a development permit to receive the increased development, and the donor site has been encumbered by documents permanently restricting its development potential.  A parcel from which development credits have been transferred may be retained by the owner or transferred subject to any restrictions encumbering the parcel.

Transferable Development Credit (TDC), a "transferable develop­ment credit" (TDC) is the right to transfer the right to develop a residential building site from a donor site to a receiver site within the Big Sur Coast Land Use Plan area.  One credit or TDC would equal the right to develop one residential building site on an eligible parcel designated as a receiver site.

Transferable Development Credit Decision, a "transferable development credit decision" is a written statement of decision rendered by the Planning Commission or the Board of Supervisors on appeal after noticed public hearing which is evidence that a donor site is entitled to one or more development credits.

Viewshed Lot, a "viewshed lot" is an otherwise buildable parcel upon which a residential building site can be located and accessed in conformity with all Big Sur Coast Land Use Plan policies except for the LCP viewshed policies.

20.64.190.040            DESIGNATION OF DONOR SITES.

1.         Donor sites may be designated by the Planning Commission or Board of Supervisors on appeal after an application by the property owner pursuant to the procedure set forth in Chapter 20.70 (Coastal Development Permits) of the Monterey County Code.

2.         The application to designate a donor site need not contain the information necessary to obtain a coastal development permit pursuant to Chapter 20.70, but it must contain sufficient information to determine whether a buildable parcel, and more specifically, a residential building site may be located on the parcel in conformity with all LCP policies except for those on viewshed.

If a parcel is a buildable parcel upon which a residential building site could be developed under the Big Sur Coast LCP's detailed exception policies, it cannot qualify as donor site.

3.         To designate a parcel as a donor site, the Planning Commission or Board of Supervisors on appeal, as the appropriate authority under Section 20.70.050, must make the following written findings:

a.            the parcel is a buildable parcel; and

b.            the parcel is a viewshed lot.

4.         Upon designation of a parcel as a donor site, the owner of the donor site shall be granted two transferable development credits.  This decision shall be recorded.  The transferable development credits (TDCs) may be transferred to designated receiver sites.

5.            Designation of a parcel as a donor site shall require an offer to dedicate to the County of Monterey a permanent, irrevocable scenic easement on the property, the text of which has been approved by the County.  Upon transfer of the first TDC, the County shall accept the easement offer.

The scenic easement may make exceptions for passive open space, agricultural and maintenance uses, but shall prohibit residential and commercial use of the property.

20.64.190.050            DESIGNATION OF RECEIVER SITES.

1.            Receiver sites may be designated by the Planning Commission, or Board of Supervisors on appeal, after an applica­tion by the property owner for a specific project utilizing transferred development credit has been filed:

a.         Pursuant to the procedure set forth in Chapter 20.70 (Coastal Development Permits) of the Monterey County Code;

b.         And, if applicable, pursuant to the procedures set forth in Title 19 (Subdivision Ordinance) of the Monterey County Code.

2.         To designate a parcel as a receiver site, the Planning Commission, or Board of Supervisors on appeal, as the appropriate authority under Section 20.70.050, must make the following written findings:

a.         The receiver site has the potential for development consistent with the policies of the Big Sur Coast Land Use Plan except for the maximum development otherwise allowed by the Big Sur Land Use Plan and implementing zoning.

b.         The new residential building sites made possible by the receipt of TDCs have the minimum feasible number of common driveway access onto Highway 1.

c.         The new development provided on the receiver site meets the septic, viewshed protection, resource protection, water supply, and geologic safety criteria specified in the Big Sur Coast Land Use Plan although the land use designation and zoning may have been amended to accommodate the receipt of the TDCs.

d.         The receiver site is not permitted to be developed to an overall density of more than one residential unit per net acre.

e.         The increase in residential density on the receiving property does not exceed twice that which is specified by the Development Policies contained in Chapter 5.4 of the certified Big Sur Coast Land Use Plan; or, although the increase in residential density on the receiving property exceeds that which is specified by the Development Policies contained in Chapter 5.4 of the certified Big Sur Coast Land Use Plan, the environmental impact analysis reveals that the site is suitable for more units, and traffic impacts will be mitigated through a reduction in the potential number of driveway encroachments onto State Highway Route 1.  (Big Sur L.U.P. 3.2.6.3).

20.64.190.060            TRANSFER OF DEVELOPMENT CREDIT.

1.            Application.

The application to transfer a development credit shall contain the following information in addition to the information required by Monterey County Procedure:

a.         Identification of the application for the proposed donor site which will generate the TDC to be transferred to the receiver site or identification of the transferable development credit and the donor site from which it is generated.

b.         Evidence of a binding commitment to transfer one or more development credits to the receiver site upon approval of designation of both donor and receiver sites; or in the alternative, evidence of a binding commitment to transfer one or more development credits upon approval of the designation of the receiver site.

2.         Timing of Transfer.

The TDC may be transferred from a designated donor site to a designated receiver site.  Transfer shall take place after the designation of both the donor and receiver sites.

3.         Right to Transfer TDCs.

The right to transfer a TDC shall be granted by the Planning Commission's written decision designating the receiver site and canceling a TDC on a donor site upon approval of a coastal development permit pursuant to Chapter 20.70, Monterey County Code.  The written decision of the Commission shall serve as the transfer of development credit defined in Section 20.64.190.030.

4.            Duration of TDC after Transfer.

After a TDC has been transferred to a receiver site, the right to its use continues as long as the right to use the approval for development granted to the receiver site.  For example, if a TDC is transferred to a receiver site which is subdivided with the use of the TDC, the life of the TDC is extended for the full period granted by law and the exercise of discretion by the advisory planning agency under the State Map Act.  In the case of a subdivision, the life of a TDC would be extended for or terminated upon the expiration of the period between the tentative map approval and the final map approval and discretionary extensions of these periods.

20.64.190.070            TDCs CREATED BUT NOT TRANSFERRED.

Because two TDCs are granted to the donor site at the time of its designation, it may be that both TDCs are not immediately transferred.  It may be that a receiver site may be granted only one TDC.  This section addresses those TDCs created but not immediately transferred upon their creation.

1.         Right to Transfer TDC.

The Planning Commission written decision designating the donor site shall serve as the record of the creation of development credits.  This decision shall be recorded as an inchoate right upon the property that is the donor site.  This right is extinguished upon transfer to a receiver site.

2.            Duration of Right to Transfer TDC.

The right to transfer a TDC from a donor site to a receiver site shall exist in perpetuity.  However, the duration of this right may be shortened by its transfer to a receiver site.  After its transfer the right to use the TDC would extend only for the period in which the owner of the receiver site must complete the conditions of development.

3.            Transfer and Assignment of TDCs.

A TDC may only be transferred from a donor site to a receiver site.

4.         Upon transfer of a TDC, the provisions of Section 20.64.190.040.5 shall apply.

20.64.190.080            FUND TO PURCHASE TDCs.

The Board shall establish a revolving fund to purchase the right to transfer TDCs for retirement or for transfer.  This fund may be funded by County funds, charitable contributions, non-profit trusts, or other governmental monies.