Chapter 17.77 — TRANSFER OF DEVELOPMENT RIGHTS

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)