§ 120.09

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.

(Ord. No. 21-09, § 3, 11-10-2021)

Sec. 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.).

(Ord. No. 21-09, § 3, 11-10-2021)

Sec. 120.09.090. - Periodic reviews.

Each development agreement shall be reviewed at least once every 12 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.

(Ord. No. 21-09, § 3, 11-10-2021)

At any time the city council may, at a public hearing, consider whether there are grounds for termination of any development agreement. The community development director shall give notice of the intention to conduct a review under this section as provided in Government Code §§ 65090 and 65091. Notice of the hearing shall be given by posting notices thereof within 300 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.

(Ord. No. 21-09, § 3, 11-10-2021; Ord. No. 23-22, § 1, 2-8-2023)

Sec. 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.

(Ord. No. 21-09, § 3, 11-10-2021)

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.

(Ord. No. 21-09, § 3, 11-10-2021)

CHAPTER 120.10. - RESIDENTIAL OPPORTUNITY (RO) OVERLAY ZONE