21.08.300 Critical Areas Residential Density Bonus.
A. Purpose. The purpose of this density bonus is to encourage the preservation of critical areas by allowing density to be transferred from these areas to other portions of the site.
B. Bonus.
1. Bonus. For properties zoned R-1, a 50 percent increase in density shall be given if all of the allowed density including the bonus is transferred from all of the following areas:
a. Class II, Class III, and Class IV landslide hazard areas;
b. Critical erosion hazard areas;
c. Type I, Type II, and Type III wetlands;
d. Streams;
e. Critical wildlife habitats;
g. Major concentrations of significant trees. 21.78.001, Definitions, defines significant trees;
2. The amount of the bonus shall be determined by multiplying the acreage within the areas listed above by the allowed density in the R-1 zone, one unit per acre, to get the number of housing units allowed as of right by the R-1 zone. This unrounded number shall then be increased by 50 percent to get the bonus. The bonus number shall then be rounded to the nearest whole number. To use the bonus, both the housing units allowed by right and the housing units allowed by the density bonus shall be transferred from the areas listed in subsection B.1 of this section above.
3. The receiving areas for this density transfer shall be outside the areas listed in subsection B.1 of this section, Bonus. If the receiving area is zoned R-1, it shall be contiguous to and in the same ownership as the land from which the density is transferred. If not in the R-1 zone and contiguous to, and in the same ownership as, the land from which the density is transferred, the properties shall be in a Single-Family Urban, Multifamily Urban or Downtown Mixed-Use zone. If the density transfer will increase the density of the receiving property by 50 percent or more, a master plan shall be approved using the master planned development process for the receiving property before the transferred density may be used. The receiving areas may also be in any of the above zones that have a “p” designation. Except for transfers within the R-1 zone and contiguous to and in the same ownership, the properties on which the bonus and the underlying density are used may be in the same ownership as the property from which the density is transferred or in a different ownership.
4. Optionally, the property owner may elect to transfer both the number of housing units allowed as of right and the bonus from all of the property zoned R-1. In that case, the bonus shall be determined by multiplying the area in acres of the property zoned R-1 by the allowed density in the R-1 zone, one unit per acre, to get the allowed number of housing units allowed as of right by the zone. This unrounded number shall than be increased by 50 percent to include the bonus. The bonus number shall then be rounded to the nearest whole number. To use the bonus, both the number of housing units allowed by right and the number of housing units allowed by the density shall be transferred from the area zoned R-1. If this option is used the receiving area shall comply with subsection B.3 of this section, and shall not be zoned R-1.
5. In all cases where this bonus is used, covenants or other legally binding agreements that run with the land shall preclude development of the land from which the density is transferred. If they are satisfactory, the Administrator and City Attorney shall approve the covenants or other legally binding agreements before they are recorded. The covenants or other legally binding agreements shall be recorded before the transferred density may be used. (Ord. 2803)