Ordinance 21-08ORDINANCE NO. 2021-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE,
CALIFORNIA, ADDING A NEW CHAPTER 120.08 (NO NET LOSS PROGRAM)
TO THE EASTVALE MUNICIPAL CODE
WHEREAS, Senate Bill 330, The Housing Crisis Act of 2019, went into effect on January 1,
2020, and places limitations on the ability of the City to change the general plan land use
designation, specific plan land use designation, or zoning of any parcel in the City where housing
is an allowable use.
WHEREAS, SB 330 allows the City to approve a land use designation or zoning change that
reduces the intensity of housing that can be built on a parcel of land, provided that the City
concurrently takes measures to ensure that there is "no net loss of residential capacity" in the
City.
WHEREAS, the purpose of this Ordinance is to create a mechanism that will allow the City
to re -designate and/or re -zone parcels where housing is an allowable use to a land use
designation and/or zone that allows less housing, or no housing at all, while still ensuring that
the residential development capacity of the City remains the same, in satisfaction of the "no net
loss" requirements of SB 330.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS
FOLLOWS:
SECTION 1. Adoption of Chapter 120.08. A new Chapter 120.08 (No Net Loss Program) is
added to the Eastvale Municipal Code and shall read as shown in Exhibit "A" to this Ordinance.
SECTION 2. Addition of Units to Unit Bank. To ensure the City is in full compliance with
the requirements of Senate Bill 330, 14 units shall be added to the Unit Bank established by this
Ordinance to account for the loss of residential capacity from the following general plan
amendments (GPA) and changes of zone (COZ) that were approved by the City Council after
January 1, 2020.
a. PLN19-20000 (Chandler and Archibald Commercial Retail Center) — 2.71 acres - GPA
from LDR to CR; COZ from A-1 to C -1/C -P — 6 units
b. PLN19-20047 (Chandler Self -Storage Facility) — 4.1 acres - GPA from LDR to CR; COZ
from A-2 to C -1/C -P - 8 units
SECTION 3. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would have adopted
this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion
thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its
passage by the City Council.
SECTION 5. City Clerk Action. The City Clerk is authorized and directed to cause this
Ordinance to be published within fifteen (15) days after its passage in a newspaper of general
circulation and circulated within the City in accordance with Government Code Chapter 36933(a)
or, to cause this Ordinance to be published in the manner required by law using the alternative
summary and pasting procedure authorized under Government Code Chapter 39633(c).
PASSED, APPROVED AND ORDAINED this 27th day of October, 2021.
APPROVED AS TO FORM:
Erica Vega
City Attorney
1::Z
Jocel now
Mayor
ATTEST:
Marc A. Donohue, MMC
City Clerk/Communications Director
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §
CITY OF EASTVALE
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do
hereby certify that the foregoing Ordinance No. 2021-08, was introduced at a regular meeting of
the City Council of the City of Eastvale held on the 13th day of October, 2021, and was passed by
the City Council of the City of Eastvale at a regular meeting held on the 27th day of October,
2021, by the following vote:
AYES: Councilmembers Dinco, Plott, Rigby, Mayor Pro Tem Lorimore and Mayor Yow
NOES:
ABSENT:
ABSTAIN:
i
Marc A. Donohue, MMC
City Clerk/Communications Director
EXHIBIT "A"
CHAPTER 120.08. — NO NET LOSS PROGRAM
Sec. 120.08.010. — Purpose.
The City desires to ensure its compliance with Senate Bill (SB) 330 and establish a no Net Loss
Program for certain residential projects. This Chapter provides that, concurrent with the approval
of any change of zone from a residential use to a less intensive residential or non-residential use,
the City will transfer the residential units being eliminated into a Unit Bank, and make a Density
Bonus available as provided in this Chapter to project applicants subsequently seeking to develop
property for residential use within the City. This will ensure that there is no net loss of residential
capacity within the City as required by SB 330.
Sec. 120.08.020. — Definitions.
The following definitions apply to this Chapter:
Community Development Director means the Community Development Director of the City
of Eastvale.
Density Bonus means a density increase of up to the percentages above the otherwise
Maximum Residential Density as specified in this Chapter.
Density Bonus Housing Agreement means a legally binding agreement between a developer
of a Housing Development as defined herein and the City, containing such terms and
conditions as determined by the City Attorney, which ensures that the requirements of this
Chapter are satisfied.
Density Bonus Units means those residential units granted pursuant to the provisions of this
Chapter that exceed the Maximum Residential Density forthe Housing Development and that
are available in the Unit Bank.
Housing Development means a use consisting of residential units only, mixed-use
developments consisting of residential and nonresidential uses with at least two-thirds of the
square footage designated for residential use, and/or transitional housing or supportive
housing.
Maximum Residential Density means the maximum number of residential units permitted by
the City's General Plan Land Use Element and Zoning Code, applicable to the subject property
at the time an application for the construction of a Housing Development is deemed complete
by the City, excluding the additional units permitted by this Chapter.
Unit Bank means the number of units available to the No Net Loss Program as a result of a
change of zone from a residential use to a less intensive residential use or a non-residential
use. The Community Development Director, or their designee, shall have the sole authority
to administer and maintain the Unit Bank balances, credits and availability as they determine,
which determination shall be final.
Sec. 120.08.030. — Eligibility.
The City shall grant a Density Bonus through the No Net Loss Program to Housing Development
projects that meet the following criteria:
(a) The Housing Development project is on a parcel of at least one acre, or the applicant
is concurrently processing an application for a subdivision map or a parcel merger to
create a parcel of not less than one -acre.
(b) The Housing Development project takes place in the following zone classifications:
(1) R-1 One -Family Dwellings
(2) R-2 Multiple Family Dwellings
(3) R-3 General Residential
(4) PRD Planned Residential Developments
(5) R-6 Residential Incentive
(c) The development standards applicable to a Density Bonus Housing Development shall
be those of the underlying zone classification, except that those development
standards shall not be construed to prohibit the additional density being granted to
the Density Bonus Housing Development pursuant to this chapter.
(d) A Density Bonus Agreement shall be required for any project seeking a Density Bonus
as part of this Chapter.
Sec. 120.08.040. — Incentive Calculation.
In determining the number of Density Bonus Units to be granted pursuant to this Chapter, the
maximum allowable residential density for the site shall be calculated as follows:
(a) R-1 Zone — the total number of allowed dwelling units shall be calculated by
multiplying the Maximum Residential Density for that zone classification by 1.1, for a
10 percent Density Bonus.
(b) R-2, R-3, PRD and R-6 Zones — the total number of allowed dwelling units shall be
calculated by multiplyingthe Maximum Residential Densityforthat zone classification
by 1.2, for a 20 percent Density Bonus.
(c) Density Bonuses in this Chapter can be combined with other density bonus programs
as established in Section 120.05.090 of the Eastvale Municipal Code or with a program
in the City's Housing Element.
(d) In no case shall the number of Density Bonus Units awarded under the No Net Loss
Program exceed the number of units in the Unit Bank.
(e) In no case shall the total number of units awarded under any density bonus program
exceed 100 percent of those available under this Chapter and Chapter 120.05.
Sec. 120.08.050. — Processing of No Net Loss Applications.
A request for a Density Bonus pursuant to this Chapter shall be processed as a part of the Housing
Development application. The process for obtaining preliminary approval of the Density Bonus
Housing Agreement shall be as follows:
(a) Filing. An applicant proposing a Housing Development pursuant to this chapter shall
submit an application for a Density Bonus Housing Agreement as part of the submittal
of any formal request for approval of a Housing Development. The application,
whether a pre -application or a formal application, shall include:
(1) A brief description of the proposed Housing Development, including the total
number of units, and Density Bonus Units proposed;
(2) The zone classification, General Plan land use designation and assessor's
parcel number(s) of the project site;
(3) A vicinity map and preliminary site plan, drawn to scale, including building
footprints, driveways, and parking layout; and
(4) If an additional incentive or program available under the Eastvale Municipal
Code or the Housing Element is requested, a description of why the additional
incentive or program is applicable to the Density Bonus Units.
(5) Any additional information and submittal requirements as noted on the
development application.
(b) Review of No Net Loss Program Request.
(1) Within 90 days of receipt of the application for a No Net Loss Program the City
shall provide to an applicant a letter, which identifies project issues of concern,
and the procedures for compliance with this Chapter.
(2) If additional incentives are requested under Section 120.05.090, the
Community Development Director shall inform the applicant that the
requested additional incentives either are or are not available thereunder for
the proposed development and provide justification for said recommendation.
Sec. 120.08.060. — Density Bonus Agreement.
(a) The terms of the draft Density Bonus agreement (the "agreement") shall be reviewed
and revised as appropriate by the Community Development Director and the City
Attorney, who shall formulate a recommendation to the Planning Commission for
review and the City Council for final approval.
(b) At a minimum, the agreement shall include the following:
(1) The total number of units proposed within the Housing Development;
(2) A schedule for completion and occupancy of the units;
(3) A description of any additional incentive being provided by the City;
(4) A description of remedies for breach of the agreement by either party; and
(5) Any other provisions to ensure implementation and compliance with this
chapter and other density bonus provisions established in Section 120.05.090
or in the City's Housing Element, as applicable, including but not limited to:
a. A description of the household income group to be accommodated by
the Housing Development, and the standards for determining the
corresponding affordable rent or affordable sales price and housing
cost;
b. The location, unit sizes (square feet), and number of bedrooms of
target units, as described in Section 120.05.090; and
c. Tenure of use restrictions for target units.
Sec. 120.08.070. — Implementation.
(a) The provisions of this Chapter shall be administered by the Community Development
Department. Project approval processes are established in Eastvale Municipal Code
Chapter 120.01. —Administration and Procedures.
(b) Projects requesting Density Bonuses through the No Net Loss Program are subject to
processing through both Eastvale Municipal Code Chapter 120.01. and the
requirements of this Chapter.