It is the purpose of this Chapter to facilitate orderly business development and provide for the public benefit without increasing the total NFA permitted under the General Plan. The goal of transfer of development rights is to reduce the impacts of potential increased development on properties west of Sepulveda Boulevard and allow new development east of Sepulveda Boulevard, while minimizing traffic impacts and maximizing the public benefit. This Chapter provides for the transfer of a minimum of twenty five thousand (25,000) square feet of net floor area (NFA) between properties under common ownership. Transfers may only occur from properties west of Sepulveda Boulevard, located in the C-3 and C-O Zones, to properties east of Sepulveda Boulevard and located in the C-3, CO, MU-N, and M-1 Zones. (Ord. 1286, 3-17-1998)

The following terms, whenever used in this Chapter, shall apply only to the transfer of development rights procedures as provided for in this Chapter:

   DONOR SITE: A parcel located west of Sepulveda Boulevard and located within the C-3 or CO Zone from which NFA is being transferred pursuant to the provisions of this Chapter.

   RECEIVING SITE: A parcel located east of the easterly right-of- way line of Sepulveda Boulevard, which does not abut or take access from Sepulveda Boulevard, and located within the C-3, CO, MU-N, or M-1 Zone that receives NFA from a donor site pursuant to the provisions of this Chapter.

   TRAFFIC ANALYSIS ZONE (TAZ): A specific area in the City of El Segundo which has been identified for traffic study and mitigation purposes.

   TRANSFER: The transfer of the unused allowable NFA of a parcel from a donor site to a receiving site, which is approved in accordance with the provisions of this Chapter.

   TRANSFER OF DEVELOPMENT RIGHTS (TDRs): Allowing a property to increase its building square footage above that permitted by the floor area ratio (FAR) standards by purchasing allowed building square footage from another site.

   TRANSFER PLAN: A plan that identifies and describes the donor site, receiving site, amount of the NFA to be transferred, the proposed uses of the donor site and receiving site, the public benefit of the transfer, and the proposed conditions of approval. (Ord. 1286, 3-17-1998)

   A.   Notwithstanding any provision of this Chapter to the contrary, no building permit shall be issued for any project that is inconsistent with the zoning restrictions on the lot, except for FAR restrictions.

   B.   Notwithstanding any provision of this Chapter to the contrary, only properties east of Sepulveda Boulevard, which do not abut or take access from Sepulveda Boulevard, can qualify as a receiving site. (Ord. 1286, 3-17-1998)

   A.   Application: Any person who owns both the donor site and the receiving site may apply for a transfer of NFA by submitting a written application for a transfer to the Community Development Department that identifies the donor site, receiving site, the amount of NFA proposed to be transferred, and the proposed uses of the donor site and receiving site.

   B.   Review By Planning Commission: The Planning Commission shall approve, conditionally approve or deny a transfer plan. The Planning Commission shall use the following criteria in making its determination:

      1.   That the transfer plan is in accord with the objectives of this Title and the purposes of the zone in which the sites are located.

      2.   That the proposed transfer plan will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

      3.   That the proposed transfer plan complies with each of the applicable provisions of this Chapter.

      4.   That the donor site and receiving site are located within the same traffic analysis zone (TAZ) as identified in Exhibit A located at the end of this Section.

      5.   That the total square footage of the transfer may not exceed ten percent (10%) of the total buildout square footage for each zone, as specified in the General Plan summary of buildout (Exhibit LU-3).

      6.   That the proposed transfer plan recognizes and compensates for potential impacts that could be generated by the proposed transfer, such as aesthetics, noise, smoke, dust, fumes, vibration, odors, traffic and hazards.

      7.   That the proposed transfer plan provides a public benefit such as improved traffic circulation, open space, recreation facilities, landscaping, pedestrian access, or other improvements which benefit the public.

      8.   That the proposed transfer plan is consistent with the General Plan.

   C.   Notice And Hearing: Upon filing of an application for a transfer plan by a property owner or an applicant with the consent of the owner, the Director of Community Development shall give public notice, as provided in Chapter 27 of this Title of the intention to consider at a public hearing the granting of a transfer plan. The notice shall be provided for the areas surrounding both the donor and receiving sites.

   D.   Appeal To City Council: The applicant or any person affected by the Planning Commission's decision respecting a transfer plan can appeal the Planning Commission's decision to the City Council pursuant to Chapter 25 of this Title.

   E.   Final Approval: A transfer plan approved by Planning Commission and/or City Council shall become final upon the completion of all applicable conditions of approval and the following:

      1.   Recorded Covenant: A covenant in a form approved by the City Attorney shall be recorded against the donor site and receiving site setting forth the details of the transfer plan and any conditions of approval imposed by the Planning Commission and/or the City Council. The covenant shall be executed by all parties that have a legal or equitable interest in the donor site or the receiving site. The covenant shall reflect that from the date of recording of the covenant that the donor site and receiving site shall thereafter in perpetuity be burdened by the covenant and the FAR for the donor site and receiving site will be set in the covenant pursuant to the FAR allowed at the time of approval of the transfer plan. The Director of Community Development may approve the removal of the covenant from the properties if the transfer has not been utilized by the receiving site and the legal and equitable owners of the property execute a request for removal in a form acceptable to the City Attorney. Any modification to an approved transfer plan must be submitted to the City for review utilizing the procedures set forth in this Chapter for approval of a transfer plan. Recording, modifying or removing a covenant shall require a title insurance policy as set forth below. (Ord. 1286, 3-18-1998; amd. Ord. 1315, 1-18-2000)

      2.   Title Insurance: Prior to recording, modifying or removing a covenant pursuant to subsection E1 of this Section, the applicant shall secure a title insurance policy benefiting the City in an amount equal to the value of the NFA being transferred. The applicant shall be responsible for all costs associated with procuring title insurance, including without limitation the cost of appraising the value of the NFA proposed to be transferred.

(Ord. 1286, 3-17-1998; amd. Ord. 1639, 9-20-2022)