This chapter establishes a transfer of development rights program
whereby development rights from one parcel may be transferred to another
within the city for valuable consideration. The program provides an
effective and predictable incentive process for property owners to
protect and preserve open space, environmentally sensitive areas,
park sites, recreational areas, rural and resource lands, while ensuring
that sufficient residential density is developed within appropriate
areas of the city.
(Ord. No. 1015 § 3, 2023)
A.
Notwithstanding
any other provision of this title regarding residential density, the
number of dwelling units permitted to be built upon a sending site
may be transferred and developed upon a receiving site in accordance
with the provisions of this chapter and the Policies and Procedures
Manual.
B.
All
parcels within the city that hold a residential development right
are eligible to participate in the program as a sending site.
C.
All
parcels within the city where residential uses are permitted or conditionally
permitted are eligible to participate in the program as a receiving
site.
(Ord. No. 1015 § 3, 2023)
A.
There
is hereby established the City of Rancho Cucamonga Transfer of Development
Rights (TDR) authority. The TDR authority shall facilitate the purchase
and sale of development rights consistent with the Policies and Procedures
Manual adopted by the city council. The TDR authority shall facilitate
the sale of development rights between private parties and may act
as a market maker if needed. The TDR authority may buy, sell, and
hold development rights. Residential development credits may be purchased
by the city or donated to the city and retained in the TDR authority
for later sale.
B.
Development
rights purchased from the TDR authority may only be used on receiving
sites in the city. TDR development rights purchased by the TDR authority
through the outright purchase of a sending site property, or through
the purchase of only the development rights from a sending site property,
may be retained by the TDR authority indefinitely.
C.
In
order to effectuate and administer the TDR program, the city manager
shall have the authority on behalf of the TDR authority to issue all
consents and approvals under, and execute, program documents approved
by resolution of the city council on behalf of the TDR authority.
(Ord. No. 1015 § 3, 2023)
The procedures for applying to participate in the TDR program,
appraising and valuing, sending site residential development rights,
determining the number of residential development credits for receiving
sites, conserving the sending site as open space, and other related
matters shall be as set forth in the Policies and Procedures Manual.
(Ord. No. 1015 § 3, 2023)
Upon sale of a residential development right by the TDR authority
to a receiving site, the approving authority for any entitlement that
utilizes the residential development credit(s) shall permit in the
additional density authorized by the credit as part of the proposed
development upon finding that the criteria established by this chapter
has been met and that the transfer will result in the permanent preservation
of open space on the sending site.
(Ord. No. 1015 § 3, 2023)
