HomeMy WebLinkAbout2021-009 - Resolution RESOLUTION NO. 2021-009
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ADOPTING THE POLICIES AND
PROCEDURES MANUAL FOR THE TRANSFER OF DEVELOPMENT
RIGHTS (TDR) PROGRAM AND NAMING THE CITY OF RANCHO
CUCAMONGA AS THE TDR AUTHORITY, AS OUTLINED IN THE
ETIWANDA HEIGHTS NEIGHBORHOOD CONSERVATION PLAN
A. Recitals.
WHEREAS, On October 2, 2019, the City Council certified the Environmental Impact
Report and adopted the Etiwanda Heights Neighborhood Conservation Plan (EHNCP),
which allows for the conservation and preservation of open space within the
Rural/Conservation Area of the plan and development opportunity for high quality
neighborhoods within the Neighborhood Area of the plan, and
WHEREAS, The EHNCP includes Section 7.4, which provides a program known as
the Transfer of Development Rights (TDR), which allows the transfer of the value of the
development rights from the Rural/Conservation Area to the Neighborhood Area, and
WHEREAS, The TDR program is designed to help regulate and preserve the
conservation area by incentivizing property owners within the Rural/Conservation Area to
sever the development rights and transfer them to potential builders within the
Neighborhood Area, and
WHEREAS, The TDR Program is managed and monitored by the TDR Authority, and
WHEREAS, The TDR program process and requirements are outlined in the TDR
Policies and Procedures Manual, which is also managed and maintained by the TDR
Authority, and
WHEREAS, The City Council desires to formally name the City of Rancho Cucamonga
as the TDR Authority, and
WHEREAS, On February 17, 2021, the City Council of the City of Rancho Cucamonga
reviewed the information provided at a regular scheduled City Council Meeting.
WHEREAS, All legal prerequisites prior to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, the Rancho Cucamonga City Council does hereby find, determine,
conclude, and resolve as follows:
1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
Resolution No. 2021-009 - Page 1 of 3
2. The City Council adopts the TDR Policies and Procedures Manual attached hereto as Exhibit
A. City Staff shall administer the TDR Program substantially in accordance with the EHNCP
and the TDR Policies and Procedures Manual. In the event of any conflict between the EHNCP
and the TDR Policies and Procedures Manual, the terms of the Specific Plan shall prevail.
3. Included as part of the TDR Policies and Procedures Manual and identified in Exhibit A are the
following forms of transaction documents ("TDR Program Documents") to be used for the TDR
Program: (i) Policies and Procedures Manual; (ii) TDR Application Form; (iii) Application
Checklist; (iv) TDR Qualification Report; (v) TDR Certification; (vi) TDR Receiver Site
Willingness to Pay Offer; (vii) Letter of Intent to Issue TDR Credits Certificate (viii) Use
Restriction Template; (ix) Purchase and Sale Agreement Template; (x) City Escrow Instructions;
(xi) TDR Credits Certificate; and (xii) Qualified Appraisers List.
4. The City is designated and established as the "TDR Authority" under the EHNCP, Policies and
Procedures Manual, and the TDR Program Documents.
5. As the TDR Authority, the City is responsible for administering, managing and monitoring the
TDR Program in accordance with the ENHCP and the Policies and Procedures Manual. To that
end, the City Manager shall have the authority to administer and effectuate the TDR Program
and do all things necessary or convenient to administer and effectuate the TDR Program.
6. In order to effectuate and administer the TDR Program, the City Manager shall have the authority
on behalf of the City and the TDR Authority to: (i) Modify the TDR Policies and Procedures
Manual, provided such modifications are consistent with the EHNCP; (ii) negotiate and make
non-substantial changes to the forms of the TDR Program Documents for particular TDR
transactions; (iii) issue all consents and approvals under, and execute, TDR Program
Documents on behalf of the TDR Authority (City), and (iii) enter into non-substantial
amendments of executed TDR Program Documents.
7. The City Clerk shall certify to the adoption of this Resolution.
Resolution No. 2021-009 - Page 2 of 3
PASSED, APPROVED, and ADOPTED this 1711 day of February 2021.
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L. ennis Michael, M or
ATTEST:
/2 A41 A' to 44AAaa-
nice C. Reynolds, Ci Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify
that the foregoing Resolution was duly passed, approved, and adopted by the City Council of
the City of Rancho Cucamonga, at a Regular Meeting of said Council held on the 171h day of
February 2021.
AYES: Hutchison, Kennedy, Michael, Scott, Spagnolo
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 181h day of February, 2021, at Rancho Cucamonga, California.
Q"ei� r.
/dAnice C. Reynolds, City Clerk
Resolution No. 2021-009 - Page 3 of 3