§ 120.08

(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.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

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.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

CHAPTER 120.09. - DEVELOPMENT AGREEMENTS

Sec. 120-09.010. - Title.

This ordinance shall be known as the "Development Agreement Procedure Ordinance."

(Ord. No. 21-09, § 3, 11-10-2021)

Sec. 120.09.020. - Authority.

This article is enacted pursuant to the authority contained in Section 65864 et seq. of the California Government Code.

(Ord. No. 21-09, § 3, 11-10-2021)

Sec. 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.

(Ord. No. 21-09, § 3, 11-10-2021)

Sec. 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 $30,000.00, 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.

(Ord. No. 21-09, § 3, 11-10-2021)

Sec. 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.

(Ord. No. 21-09, § 3, 11-10-2021)

Sec. 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 Government Code §§ 65090 and 65091, 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 by the 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 Government Code §§ 65090 and 65091, 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.

(Ord. No. 21-09, § 3, 11-10-2021)