Ordinance 21-09ORDINANCE NO. 21-09
AN ORDINANCE OF THE EASTVALE CITY COUNCIL ADDING CHAPTER 120.09 TO
ESTABLISH A STANDARD PROCESS FOR REVIEW OF DEVELOPMENT AGREEMENTS
Section 1. The City Council finds as follows:
WHEREAS, the City of Eastvale, pursuant to the police powers delegated to it by
Article 11 of the California Constitution, has the authority to enact laws, which promote
the public health, safety and general welfare of its residents;
WHEREAS, the City has a legitimate interest in protecting the health, safety and
well-being of its citizens;
WHEREAS, the City desires to create a standard process by which development
agreements shall be processed by the City;
WHEREAS, a development agreement provides assurance to developers that they
may proceed with a project in accordance with existing policies, rules and regulations and
subject to certain conditions of approval;
WHEREAS, a development agreement provides greater latitude in advancing local
planning policies and goals of the City and provides the City with assurances that a
developer will proceed with a project pursuant to the negotiated terms of the agreement;
WHEREAS, this assurance strengthens the public planning process, encourages
private participation in comprehensive planning, and reduces economic costs of
development;
WHEREAS, the Eastvale Planning Commission held a duly noticed public hearing
on the proposed Zoning Code Amendment on October 20, 2021 and recommended that
the City Council approve the Zoning Code Amendment described in PLN 21-20059; and
WHEREAS, the Eastvale City Council held a duly noticed public hearing on the
proposed development code amendment on October 27, 2021, and thereafter
introduced the proposed ordinance described in PLN21-20059.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN
AS FOLLOWS:
Section 2. Recitals.
The City Council of the City of Eastvale does hereby find that the above referenced recitals
are true and correct and material to the adoption of this Ordinance.
Section 3. Amendment.
Title 120, "Planning and Zoning" of the Eastvale Municipal Code is hereby amended to
adopt a new Chapter which shall read as follows:
"Chapter 120.09. - Development Agreements.
120-09.010
This ordinance shall be known as the "Development Agreement Procedure Ordinance."
120.09.020 — Authority.
This article is enacted pursuant to the authority contained in Section 65864 et seq. of the
California Government Code.
120.09.030 — Purposes.
The purposes of this chapter are:
(a) To prescribe the procedure for consideration of development agreements;
(b) To encourage private participation in comprehensive planning; and
(c) To reduce the economic costs of development.
120.09.040 — Application.
Application for a development agreement shall be made by a person, or the authorized
agent of a person, having a legal or equitable interest in the affected property.
Application shall be made on a form prescribed by the Community Development
Director and shall be filed with the Planning Division. The application shall be
accompanied by a deposit in the amount of $30,000, and a project description, which
may, at the discretion of the Community Development Director, include the following:
(a) A legal description of the affected property, a listing of property owners,
and the proposed parties to the agreement;
(b) A description of the development project, indicating the permitted uses
of the property, floor -area ratio or density, building height and size, phasing of
development, provisions for the reservation and dedication of land for public
purposes and such additional information as may be required to allow the
applicable criterion and factors to be applied to the proposal. Such information
may include, but is not limited to, site and building plans, elevations,
relationships to adjacent properties, and operational data. Where appropriate,
the description may distinguish between elements of the project that are
proposed to be fixed under the agreement and those that may vary;
(c) An identification of any planned unit development permit or other
special zoning approval that has already been obtained for the development
project;
(d) The special conditions, if any, to be imposed;
(e) The timing of the development project;
(f) Public facilities financing plan;
(g) A statement of the relationship to the specific plan and to the general
plan; and
(h) Other items specific to the project proposal, as determined by the City
Manager, City Attorney or Community Development Director.
120.09.050 — Initial Review.
The Community Development Director, or his or her designee, shall review the application
to determine whether it is complete and schedule a public hearing before the Planning
Commission pursuant to Section 120.09.060. If the application is not complete, the
applicant shall be given an opportunity to provide additional information.
120.09.060 — Procedure.
(a) An application for a development agreement shall be considered by the
Planning Commission, which shall hold a public hearing on the application.
Notice of the hearing shall be given as provided in Sections 65090 and 65091 of
the California Government Code in addition to any other notice required by law
for other actions to be considered concurrently with the development
agreement. The Planning Commission shall determine whether the proposal is
consistent with the city's General Plan and any applicable specific plan and may
recommend approval or disapproval of the application, or recommend its
approval subject to changes in the development agreement or conditions of
approval, giving consideration to the factors set forth in Section 120.09.070.
(b) After a recommendation has been rendered bythe Planning Commission,
the City Council shall hold a public hearing on the application. Notice of the
hearing and the intention to consider adoption of a development agreement
shall be given as provided in Sections 65090 and 65091 of the California
Government Code, in addition to any other notice required by law for other
actions to be considered concurrently with the development agreement. The
City Council shall review the recommendation of the Planning Commission and
determine whether the proposal is consistent with the City's General Plan and
any applicable specific plan, and may approve or disapprove the proposed
development agreement, or approve it subject to changes therein or conditions
of approval, giving consideration to the factors set forth in Section. 120.09.070.
If the City Council approves the development agreement or approves it subject
to changes or conditions, it shall do so by ordinance.
120.09.070 — Factors for consideration.
In reviewing an application for a development agreement, the Planning Commission and
City Council shall give consideration to:
a) Other pending applications and approved projects;
b) The traffic, parking, public service, visual, and other impacts of the proposed
development project upon abutting properties and the community;
c) Ability of the applicant to address public facility needs and financing obligations;
d) The relationship of the project to the City's growth management program in the
General Plan and applicable Specific Plan;
e) The provisions included, if any, for reservation, dedication, or improvement of
land for public purposes or accessibility to the public;
f) The type and magnitude of the project's economic effects to the City of Eastvale
through a fiscal impact analysis, and of its contribution, if any, toward meeting
the City's housing needs, including affordable housing; and
g) Any other comparable, relevant factor or factors.
120.09.080 — California Environmental Quality Act.
Any development agreement that is considered for approval by the Planning
Commission and City Council shall also be reviewed to ensure compliance with the
California Environmental Quality Act (Public Resource Code § 21000 et seq.).
120.09.090 — Periodic reviews.
Each development agreement shall be reviewed at least once every twelve months by
the Community Development Director, or his or her designee, and the review period
shall be specified in the agreement. The applicant or successor in interest shall be
required to demonstrate good faith compliance with the terms of the agreement. If the
Community Development Director finds that such compliance has been deficient, he or
she shall forward this finding and his or her recommendation to the City Council for
consideration in accordance with Section 120.09.100.
120.09.100 — Termination.
At any time the City Council may, at a public hearing, consider whether there are
grounds for termination of any development agreement. The Planning Director shall
give notice of the intention to conduct a review under this section as provided in
Government Code sections 65090 and 65091. Notice of the hearing shall be given by
posting notices thereof within three hundred feet of the property involved. Notice of
the hearing shall also be given by mail or delivery to the holder of the development
agreement, to all parties who have commented on the initial application, and to other
interested parties as deemed appropriate. All such notices shall be given not less than
ten days prior to the date set for the hearing. At the hearing, the applicant or successor
in interest shall be required to demonstrate good faith compliance with the terms of
the agreement. If as a result of such review, the City Council finds and determines, on
the basis of substantial evidence, that the applicant or successor thereto has not
complied in good faith with the terms or conditions of the agreement, the City Council
may terminate or modify the agreement in whole or in part.
120.09.110 — Adherence to development agreement, and amendment or cancellation
by mutual consent.
A development agreement shall not be transferred or assigned to a new person without
the written consent of the City. A successor in interest shall provide proof of ability to
fulfill the applicant's obligations pursuant to the development agreement. In any case,
the burdens of such agreement shall also bind, and its benefits shall also inure to, all
successors in interest. A development agreement may be amended, or canceled in
whole or in part, by the mutual consent of the parties to the agreement or their
successors in interest. Such amendments and cancellations shall be processed in the
same manner as an original application and shall be subject to the same procedural
requirements.
120.09.120 — Recording.
No later than ten calendar days after the City enters into a development agreement, the
City Clerk shall record with the County Recorder a copy of the agreement, which shall
describe the land subject thereto. If the agreement is amended, canceled, or revoked
pursuant to Sections 120.09.100 and 120.09.110, the City Clerk shall record notice of
such action with the Recorder."
Section 4. California Environmental Qualitv Act (CEQA) Determination.
Adoption of this Ordinance is exempt from environmental review as the adoption of this
Ordinance does not qualify as a "project" pursuant to Public Resource Code section
21065, since it can be seen with certainty that there is no possibility that adoption of this
Ordinance would cause either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment.
Section 5. Severability.
If any section, subsection, subdivision, paragraph, sentence clause, or phrase of this
chapter or any part thereof is for any reason held to be unconstitutional, such decision
shall not affect the validity of the remaining portion of this chapter or any part thereof.
The City Council hereby declares that it would have passed each section, subsection,
subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or
phrases be declared unconstitutional, invalid or unenforceable.
Section 6. Effective Date.
This Ordinance shall take effect thirty (30) days after adoption as provided by Government
Code section 36937.
Section 7. City Clerk Action.
The City Clerk shall attest to the adoption of this Ordinance and cause the same to be
published in accordance with State law.
PASSED, APPROVED AND ADOPTED this 101h day of November 2021.
1
Erica Vega
City Attorney
ATTEST:
Marc A. Donohue; MMC
City Clerk
(STATE OF CALIFORNIA)
(COUNTY OF RIVERSIDE) §
(CITY OF EASTVALE)
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the
foregoing City Council Ordinance No. 21-09, was duly adopted by the City Council of the
City of Eastvale, California, at a meeting held on the 10th day of November 2021, by the
following vote:
AYES: Councilmembers Dinco, Plott, Rigby, Mayor Pro Tem Lorimore and Mayor Yow.
►[07*1
ABSTAIN:
Marc A. Donohue, MMC
City Clerk