Agenda packet — Eastvale City Council, May 25, 2022 (part 10 of 11)

uses and densities produce average sewer flows of 544,710 GPD. The proposed project is 1.85% less than the maximum allowed average sewer flows from the site.

Please see the attached summary comparing current design sewer generation flows with maximum acceptable sewer generation flows.

We sincerely trust these calculations will provide sufficient insight to the proposed and existing facilities that will serve the Leal Ranch Development Area. Please contact me at (949) 458-5437 with any questions.

KO:klo
Enclosures
W.O. 2749-44
(F:\0736\Planning\SY_WS STUDIES\H&A LETTERHEAD_Leal Ranch Summary.doc) 1876 2322
LOT - 14 LOT - 12 LOT - 5 LOT - 4 LOT - 2 LOT - 1 LOT - 6 LOT - 9 LOT - 3 LOT - 8 LOT - 13 LOT - 11 LOT - 10 58TH STREET LIMONITE AVE LOT - 7

HAMNER AVE
SCHOLAR WAY NOTE: LEGEND
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Appendix L
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EASTVALE LEAL PROPERTY
Water Supply Assessment
DECEMBER 2021 | FINAL
Prepared By:
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Table of Contents
Section 1. Introduction .......................................................................................................................1 Purpose ................................................................................................................................................... 1 Project Description ................................................................................................................................. 1 Project Relation to Urban Water Management Plan ............................................................................. 1 Section 2. Water Demand Analysis .....................................................................................................5 Project Water Demand ........................................................................................................................... 5 Demographic Factors.............................................................................................................................. 6 JCSD Water Demand ............................................................................................................................... 7 Summary................................................................................................................................................. 8 Section 3. Water Supply Analysis ........................................................................................................9 Wholesale Water Supplies ..................................................................................................................... 9 Water Supplies ..................................................................................................................................... 10 Descriptions of All Water Supply Projects ............................................................................................ 16 Normal, Single-Dry, and Multiple-Dry Year Conditions ........................................................................ 16 Summary............................................................................................................................................... 18 Section 4. Groundwater Analysis ...................................................................................................... 19 Review of Urban Water Management Plan ......................................................................................... 19 Groundwater Basin Descriptions .......................................................................................................... 19 Legal Right to Pump from the Chino Basin ........................................................................................... 19 Recorded Use of Groundwater ............................................................................................................. 21 Projected Use of Groundwater ............................................................................................................ 22 Sufficiency of Groundwater Basin ........................................................................................................ 22 Summary............................................................................................................................................... 25 Section 5. Conclusions ...................................................................................................................... 29 References ....................................................................................................................................... 30 1880 2326
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List of Tables
Table 2-1. Project Land Use Summary .................................................................................................5 Table 2-2. Project Water Demand .......................................................................................................6 Table 2-3. Service Area Population, 2020-2045....................................................................................6 Table 2-4. Recorded and Future Water Demand (AFY) .........................................................................7 Table 3-1. Recorded CDA Wholesale Deliveries ...................................................................................9 Table 3-2. Recorded DYY Program Deliveries .................................................................................... 10 Table 3-3. Recorded Rubidoux Community Services District Deliveries .............................................. 12 Table 3-4. Current Water Supplies .................................................................................................... 12 Table 3-5. Actual and Projected Water Supplies ................................................................................ 13 Table 3-6. Normal Year Supply and Demand (AFY) ............................................................................ 17 Table 3-7. Single-Dry Year Supply and Demand (AFY) ........................................................................ 17 Table 3-8. Multiple-Dry Year Supply and Demand (AFY) .................................................................... 18 Table 4-1. Groundwater Rights Summary .......................................................................................... 21 Table 4-2. Recorded Groundwater Production .................................................................................. 21 Table 4-3. Projected Use of Groundwater ......................................................................................... 22 List of Figures
Figure 1-1. Regional Location and Project Vicinity ...............................................................................3 Figure 1-2. Proposed Site Location and Land Use Plan .........................................................................4 Figure 4-1. Groundwater Basin Map ................................................................................................. 27 Figure 4-2. Chino Basin Management Zones ...................................................................................... 28 1881 2327
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Section 1. Introduction
Purpose
This document prepared for the New Home Company is a Water Supply Assessment (WSA) intended to meet the requirements of Senate Bill (SB) 610. The water demand for the Eastvale Leal Property (“proposed project”) is calculated and the adequacy of water supplies to meet the proposed project is evaluated.

SB 610 established the primary legal standards for assessing the sufficiency of water supplies for new development projects. These statutes require as part of the environmental review conducted for a qualifying project pursuant to the California Environmental Quality Act (CEQA), the public water supplier or land use agency – in this case Jurupa Community Services District – must prepare a “water supply assessment” of the reliability of water supplies for the project, considering normal, single dry, and multiple dry years over a 20-year horizon. The basic requirement is that a WSA must “include a discussion with regard to whether the public water system’s total projected water supplies available during normal, single dry, and multiple dry water years during a 20-year projection will meet the projected water demand associated with the proposed project, in addition to the water system’s existing and planned future uses, including agricultural and manufacturing uses.”1
References used in preparing this document include the following:
 JCSD 2020 Urban Water Management Plan (UWMP)
 JCSD Draft 2020 Water Master Plan
 Chino Basin Desalter Authority 2015 UWMP
This Assessment follows the report outline suggested by the DWR Guidebook for Implementation of Senate Bill 610 and Senate Bill 221 of 2001.

Project Description
The Eastvale Leal Property project is located within the City of Eastvale, California. The site is known as the Leal property located at 58th Street, Hamner Avenue, Limonite Avenue and Scholar Way and is approximately 160 acres. The proposed project will include mixed uses including mixed-use retail, office, housing, and civic development including police and fire stations and community center as well as a hotel and community spaces. Jurupa Community Services District (JCSD) is the water supplier for the Project site. Site location is shown in Figure 1-1, and a land use plan is provided in Figure 1-2.

For the purposes of this WSA, it is assumed that only potable water will be available to meet the project’s water demand.

Project Relation to Urban Water Management Plan
JCSD is the water supplier for the Project and has prepared a 2020 UWMP, a copy of which is provided in Appendix A. The 2020 UWMP was adopted by JCSD Board of Directors on June 28, 2021 and reviewed by the state Department of Water Resources (DWR). The 2020 UWMP assumptions on growth projections within the service area were derived from an analysis of the additional water demand from the land uses assigned to vacant parcels by City-approved General Plans that could be developed in the future. As part 1 California Water Code Section 10910(c)(3).
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of this Assessment, it is assumed that there have been no substantial changes to the water supply portfolio as described in the 2020 UWMP.

As discussed further in Section 3 – Water Supply Analysis, JCSD is a member agency of the Chino Basin Desalter Authority (CDA), a Joint Exercise of Powers Agency from which JCSD purchases treated groundwater from the Chino Groundwater Basin. CDA has prepared a 2015 UWMP which is provided in Appendix B.
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Source: JCSD Urban Water Management Plan 2020 Figure 1-1: Regional Location and Project Vicinity 1884 2330
Source: The New Home Company Figure 1-2: Proposed Site Location and Land Use Plan 1885 2331
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Section 2. Water Demand Analysis
The purpose of this section is to evaluate whether the proposed project was considered in the water supplier’s planning for water demand. This section will: 1) show the calculated water demand of the proposed Project, 2) identify the various water use sectors, 3) identify water demand by those sectors for the next twenty years, and 4) compare the calculated water demand of the proposed Project to the water demand assumed in the most recent Urban Water Management Plan (UWMP) for the same property.

Project Water Demand
In the 2020 UWMP, the Project site was assumed to be half high-density residential (HDR) and half commercial-retail (CR). Water demand projections in the UWMP were based on developed properties and their underlying General Plan designations.

To calculate individual project water demands, JCSD currently uses the “Unit Values of Applied Water” from Table 5-1 of JCSD’s 2020 Draft Master Water Plan (dated March 2021). Based on this table, JCSD uses a unit water demand factor of 3,600 gpd/ac for high density residential and 2,000 gpd/ac for commercial-retail and parks. As determined by the land use summary of the 158-acres for the proposed Project (Table 2-1), the Project water demand is estimated to be 461 AFY, as shown in Table 2-2.

Table 2-1. Project Land Use Summary
Lot Land Use Category Area (ac)
1 Residential 7.33
2 Mixed Usea 12.79
3 Commercial 9.80
4 Mixed Usea 6.45
5 Mixed Usea 4.66
6 Residential 5.61
7 Residential 14.13
8 Residential 3.94
9 Residential 4.39
10 Mixed Usea 4.52
11 Residential 16.49
12 Residential 17.20
13 Residential 13.15
14 Commercialb 1.22
A – I Roadway 25.61
J – L Open Space Recreation 7.16
M - V Roadway 4.15
Total Area 158.58
(a) Mixed use area was split 50-50 between residential and commercial (b) Lot 14 is designated for a fire station, but was considered commercial land usage 1886 2332
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Table 2-2. Project Water Demand
Land Use Category Duty Factor (gpd/ac) Area (ac) Demand (gpd) Demand (AFY) Residential 3,600 82.23 296,021 331.59
Mixed Use (Residential) 3,600 14.21 51,151 57.30
Mixed Use (Commercial) 2,000 14.21 51,151 57.30
Commercial Retail 2,000 11.02 22,040 24.69
Open Space Recreation 2,000 7.16 14,312 16.03
Roadway 0 29.76 0 0
Total -- 158.58 411,940 461.43
In the 2020 UWMP, the Eastvale Leal Property was assumed to be 50% high density residential and 50% commercial retail, for a total demand of 450,800 gpd or 505 AFY.

Demographic Factors
A variety of demographic factors may affect water use. The Urban Water Management Planning Act lists several demographic factors to be detailed in UWMP’s including climate, current and projected population, density, and the mix of customer types. As suggested by DWR, these data are provided herein and are taken generally from the Jurupa Community Services District’s latest UWMP.

Climate
JCSD’s service area is located within the greater Chino Basin valley, which is generally semi-arid and warm.

Summers are dry with average temperatures as high as 95ºF and maximum daily temperatures that sometimes exceed 100ºF. Winters are cool with average temperatures as low as 40ºF. As shown in the UWMP, average annual rainfall between 2001-2019 was approximately 8 inches per year, whereas the historical average rainfall from 1908-1988 was approximately 13 inches per year. Recent rainfall measured from 2016 to 2019 at U.C. Riverside had an annual average of 9 inches per year. The elevations within the service area range from 560 feet to 2,230 feet above mean sea level.

Population
The City of Eastvale and approximately 65 percent of the City of Jurupa Valley make up the JCSD service area. Each year the JCSD Board of Directors adopts a population estimate for the District service area; in 2020, the estimated population is 130,546 persons, which includes the Swan Lake Mobile Home Park (not yet within the service area) in Eastvale. Population projections from the UWMP are shown in Table 2-3.

Based on each City’s General Plans and anticipated development patterns, JCSD service area population at buildout in 2040 is estimated at 171,300 persons.

Table 2-3. Service Area Population, 2020-2045
2020 2025 2030 2035 2040a 2045
Service Area Population 130,546 140,735 150,923 161,112 171,300 171,300 Source: 2020 UWMP, Table 3-1, p. 3-19.
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JCSD actively tracks the status of properties within their service area as they develop (e.g. whether residential or non-residential; vacant, proceeding through development process, or under construction; undeveloped or inactive) for the primary purpose of forecasting future water demand.

JCSD Water Demand
JCSD’s most recently reported water demand data was for calendar year (CY) 2020. As of 2020, JCSD delivered to its customers approximately 28,505 acre-feet (AF) of potable water and 767 AF of nonpotable water for a total of approximately 29,272 AF. The recorded and projected water demands by customer type for the JCSD service area are provided in Table 2-4. The recorded data is for 2016-2019, and the data from 2020 to 2040 is from the 2020 Urban Water Management Plan.

Table 2-4. Recorded and Future Water Demand (AFY)
Description 2016 2017 2018 2019 2020 2025 2030 2035 2040 Single Family Residentiala 15,173 15,737 16,869 15,280 17,300 18,551 20,082 21,174 22,375 Multifamily Residential 1,237 1,311 1,400 1,375 1,323 1,606 1,731 1,821 1,919 Commercialb 2,174 2,289 2,505 2,253 2,282 2,251 2,451 2,595 2,752 Industrial 631 649 631 607 675 722 782 825 872
Landscape 2,203 2,390 2,812 2,470 2,945 3,007 3,758 3,437 3,634 Otherd 297 280 272 251 190 210 228 241 254
Total Urban Retail Demand 21,714 22,655 24,489 22,236 24,715 26,347 29,032 30,093 31,806 Sales, transfers, and exchanges 1,353 1,487 1,517 1,468 1,658 1,624 1,759 1,856 1,962 Lossese 901 2,064 1,229 1,530 2,133 2,255 2,444 2,578 2,726 Other (Non-Potable) 654 693 815 876 627 500 500 500 500 Losses (Non-Potable) -- -- -- -- 140 140 140 140 140
Total Demand 24,621 26,899 28,050 26,110 29,272 30,865 33,375 35,165 37,135 Source: 2020 UWMP
(a) Includes water-only customers that do not have sewer service with JCSD. (b) Includes governmental/institutional and non-billing meters for commercial landscape irrigation. (d) Includes fire hydrants for fire suppression, dust control, and construction. Includes line breaks. (e) From 2020-2040, includes non-potable losses with potable losses.

AFY = acre-feet per year
The water demand projections in the UWMP are based on site development information tracked by the District that includes the underlying or known land use designations and the where the project (if any) is in the development process with the respective city. Specifically, the assigned land use designations of undeveloped properties. These assumptions projected an increase of 9,460 AFY of potable water consumption for the service area by buildout (i.e. 2040).

The City of Eastvale makes up 30 percent of the JCSD service area and Eastvale is nearly built-out. JCSD anticipates buildout of the City of Eastvale within the next 10 years, and buildout of JCSD’s service area within the City of Jurupa Valley is projected to be between 2040 and the year 2060.

JCSD is currently working on developing a recycled water plan for its customers within selected areas of the City Tang Amendment 4. JCSD has applied for grants and loans from the State Water Resources Control Board and other public agencies for the non-potable water system. The 2020 UWMP plans for 500 AFY of recycled water being available for landscape irrigation (excluding golf courses) from 2025 to 2040. 1888 2334
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This WSA is required by the Water Code to address demand from existing and planned future uses, including agricultural and manufacturing uses. Agricultural activities have decreased in the JCSD service area as a result of planned urbanization according to approved city land use plans. JCSD expects water use for agricultural activities to continue declining and potentially replaced with non-potable sources. As shown in Table 2-4, JCSD expects an increase in the water demands from commercial and industrial properties combined, consistent with known projects and approved city land use plans.

Summary
The land use types for the Project site that were used in the 2020 UWMP water demand projections are similar to the land use types which are proposed by the subject Project. The 2020 UWMP projected a water demand of 505 AFY for the Eastvale Leal Property. Based on the District’s current unit water demand factors, the Project will generate a potable water demand of approximately 461 AFY (Table 2-3).

Therefore, the Project’s water demands were accounted for in the most recent UWMP. 1889 2335
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Section 3. Water Supply Analysis
This section identifies the sources of potable water utilized and available to Jurupa Community Services District (JCSD or District), which is the water supplier for the proposed Eastvale Leal Property (Project), The purpose of this section is to evaluate the water supplies that could be utilized by the proposed Project during normal, single-dry and multiple-dry water years during a 20-year projection.

Wholesale Water Supplies
Many retail water suppliers in California, including JCSD, receive supplies from one or more water wholesalers. SB 610 requires this Assessment to document wholesale supplies received, by: i) describing the quantities of water received from each wholesaler in prior years; ii) identifying existing entitlements, water rights, and/or water service contracts held by the District for the wholesale supply; iii) provide proof of entitlements, water rights, service contracts, relevant capital outlay programs, and construction permits for necessary infrastructure to deliver wholesale supplies, if any; and iv) regulatory approvals required to convey or deliver the wholesale supply.

Wholesale Supplies Received
JCSD is a member of the Chino Basin Desalter Authority (CDA), a Joint Exercise of Powers Agency, along with Santa Ana River Water Company, Inland Empire Utilities Agency (wholesaler), and the Cities of Chino, Chino Hills, Ontario, and Norco (UWMP, p. 6-2). CDA is a wholesale water supplier and its 2015 UWMP is provided in Appendix B. Each of the retail members of CDA have contractual “take or pay” commitments to purchase water produced by CDA (CDA, p. ES-2).

JCSD is currently entitled to 11,733 AFY of potable water from CDA. As of calendar year 2020, JCSD received 11,414 AF from CDA and the District projected CDA supplies is 11,733 AFY. Quantities of water received by JCSD in prior years from CDA are provided in Table 3-1.

Table 3-1. Recorded CDA Wholesale Deliveries
2016 2017 2018 2019 2020
Volume (AF) 8,073 8,164 8,971 9,574 11,414
Note: From JCSD 2020 UWMP, Table 6A, p. 6-2.

AF = acre-feet
CDA provides high-quality drinking water from two desalters (salt removers) that was anticipated to treat approximately 35,200 AFY of Chino Basin groundwater in 2020 and thereafter. The Chino I Desalter, located at 6905 Kimball Avenue in Chino, was completed in 2000 and expanded in August 2005 to its current rated capacity of 15,906 AFY (14.2 mgd). However, the Chino I Desalter cannot provide this rated capacity due to the high total dissolved solids in the raw water supply. The Chino II Desalter was completed in 2006 and is located at 11202 Harrel Street in the City of Jurupa Valley. The current rated capacity is 11,201 AFY (10 mgd) and permitted capacity is 16,802 AFY (15 mgd), including 5,600 AFY (5 mgd) raw water bypass. As of March 2021, Plant 1 produced 11.97 MGD. Although Chino Desalter I capacity will not be increased, additional raw water capacity will be provided by five new wells in the Chino Creek Well Field. All five wells have been drilled and equipped. The Chino II Desalter is in the process of achieving their permitted capacity as a result of the construction of the South Archibald Plume Cleanup project. CDA is currently expanding the Chino II Desalter to a rated capacity of 25,427 AFY (22.7 mgd). As of March 2021, Plant 2 produced 20.3 mgd.
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As stated in CDA’s 2015 UWMP:

Its primary authority is to desalinate brackish groundwater for its member agencies. The supply is 100 percent reliable under all water year types because pumping is in response to the OBMP [Optimum Basin Management Plan] to remove salts and nitrates from the basin and prevent highly saline groundwater from reaching the Santa Ana River. No water shortages are anticipated due to the mandate to continually pump 40,000 AFY from the basin. (CDA 2016, p. ES-2) During calendar year 2020, JCSD negotiated the purchase of WMWD’s CDA supply totaling 3,445 AF. JCSD is currently in negotiations with WMWD to purchase Mills Gravity Pipeline water supply in addition to WMWD’s CDA supply. In addition, JCSD is in negotiations with Cucamonga Valley Water District to purchase imported and groundwater from them. A Preliminary Design Report has been prepared for JCSD’s proposed Etiwanda Pipeline to CVWD.

Dry Year Yield Storage Program
The Dry Year Yield (DYY) storage program is a cooperative Conjunctive Use Program Agreement (No. 49960) between The Metropolitan Water District of Southern California (MWD), Inland Empire Utilities Agency (IEUA), Chino Basin Watermaster, Three Valleys Municipal Water District, and the Chino Basin groundwater producers (Appendix D). Under the DYY Program, MWD can store up to 100,000 AFY of imported water in the Chino Basin during wet years when surplus water is available, and to reduce imported water deliveries up to 33,000 AFY in dry, drought, or emergency periods, but not to exceed the amount of water in the MWD storage account. The DYY program provides MWD the right to store groundwater in the basin, in exchange for paying the costs of developing the facilities that deliver that water.

DYY funds were used by JCSD for the construction of the Roger D. Teagarden Ion-Exchange Facility. When MWD makes a call for its stored water, JCSD can operate this facility and utilize water from the CDA to meet the District’s water supply obligation.

Through a Local Agency Agreement with the City of Ontario, JCSD can purchase Ontario’s portion of CDA water during years when MWD is not making a call for the stored water (i.e. “wet” or “non-call” years) (Appendix E). Up to 2,000 AF over 12 months is anticipated. During dry or “call” years, JCSD will stop receiving Ontario’s portion of CDA water and return to District well supply. (UWMP, p. 6-31) Water deliveries received from the DYY Program from calendar year (CY) 2015 to 2020 are provided in Table 3-2.

Table 3-2. Recorded DYY Program Deliveries
2015 2016 2017 2018 2019 2020
Volume (AF) 1,667 2,031 2,002 1,805 0 1,446
Note: From JCSD Staff, Water Supply History.

AF = acre-feet
Water Supplies
Water within the JCSD service area is entirely from groundwater production. The majority of that comes from the Chino Basin, which is supplemented with groundwater produced from the Riverside-Arlington Basin (aka Riverside South Basin). Water is obtained by way of District-owned wells and agreements with 1891 2337
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neighboring agencies. JCSD does not directly rely on imported water, surface water, stormwater, or recycled water to supplement the water supply. However, these sources can, and are, being used by other agencies in the Chino Basin to recharge the basin supply. (UWMP, p. 6-1) Wholesale water from CDA and DYY Program deliveries are described previously in Section 3.1. The following is a description of the supplies produced and projected supplies reasonably available to JCSD.

JCSD Wells in Chino Basin
The Chino Basin covers approximately 240 square miles and is one of the largest groundwater basins in Southern California. There is an estimated five million AF of water in storage, and an unused storage capacity of approximately one million AF (UWMP, p. 6-8). The Chino Basin has been adjudicated, and pumping activities are closely monitored by the court-appointed Chino Basin Watermaster. A copy of the 1978 Chino Basin Judgment is provided in Appendix F. This is discussed in detail in Section 4.0 – Groundwater Analysis.

JCSD currently operates 18 potable water wells in the Chino Basin that have a theoretical maximum production rate of 33,090 gallons per minute (gpm). However, JCSD does not operate its wells at maximum capacity, but rather they fluctuate on and off as demand changes (UWMP, p. 6-7). The ultimate well production capacity is estimated at 43,315 gpm (JCSD 2020). JCSD’s current production (2019-2020) right to this source is 19,547.9 AF, as recorded in the Watermaster’s (2019/2020) annual report. During 2020, JCSD produced 11,051.8 AF from its potable wells in the Chino Basin (JCSD 2020). JCSD has assumed in the UWMP that the future pumped volumes from its potable well field, within JCSD service area in the Chino Basin, will peak at 14,000 AFY, beginning in 2030. This level of production aims to minimize a decline in the groundwater table in the vicinity of JCSD’s well field.

Two new potable wells are expected to be operational within the next five years (Wells 29 and 30). They will each contribute an additional 2,500 AFY. With the additional two wells, the total maximum day groundwater production capacity will be approximately 54.8 MGD (38,000 GPM). (UWMP, p. 6-7) JCSD operates five non-potable wells within the Chino Basin. In 2020, the District produced 275.881 AF from this supply source to serve local park landscape irrigation-only accounts, and future production is estimated at 310 AFY (UWMP, p. 6-33).

The District operates two ion-exchange plants to denitrify water from several wells. The first is the Roger D. Teagarden Ion Exchange Facility which removes nitrates from seven potable wells. The other plant is the Well 17/18 Ion Exchange Facility that removes nitrates from JCSD Well Nos. 17 and 18. (UWMP, p. 6- 7)
JCSD Wells in Riverside South Basin
The Riverside South Basin is the Riverside County portion of the larger Riverside-Arlington Basin. This basin has been adjudicated by the 1969 Orange County Judgment located in Appendix G, and basin pumping rights are further defined in the 1969 Western-San Bernardino Judgment located in Appendix H. JCSD operates two non-potable wells within the Riverside South Basin. Water from these wells is used to irrigate Oak Quarry Golf Club located at 7151 Sierra Avenue in Jurupa Valley. During CY 2020, JCSD pumped 490.774 AF from this source. JCSD expects future production from this source will be approximately 450 AFY. (UWMP, p. 6-8)
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Rubidoux Community Services District
Since 2000, JCSD has purchased water extracted from the Riverside South Basin from Rubidoux Community Services District (RCSD). Through an agreement established in 2014, JCSD can pump potable water from RCSD’s system into the District’s 1,110 Pressure Zone through the Jewel Street Booster Station (Appendix I). As shown in Table 3-3, no supply was received by JCSD from this source since CY 2018 (JCSD Staff). JCSD anticipates future annual purchases of approximately 2,000 AF from RCSD. (UWMP, p. 6-2) Table 3-3. Recorded Rubidoux Community Services District Deliveries 2016 2017 2018 2019 2020
Volume (AF) 2,029 2,322 0 0 0
Note: From JCSD 2020 UWMP, Table 6B, p. 6-3.

AF = acre-feet
The current water supplies reasonably available to JCSD are summarized in Table 3-4, including the mechanism by which the District can use the water (e.g. water supply entitlement, water right, or water service contract), pursuant to SB 610 guidance.

Table 3-4. Current Water Supplies
Supply Type Supply Method Water Quality Form of Right Supply (AFY) Groundwater JCSD Wellsa Potable Right 19,550
Wholesaler CDA potable Contract 11,733
Groundwater RCSD Potable Contract 2,000
Groundwater DYY Program Potable Contract 2,000
Groundwater JCSD Wellsb Non-potable Right 450
Total 35,733
Note: From District staff, Jan. 17, 2020.
(a) Annual production rights in the Chino Basin (Production Year 2019-2020). (b) Within Riverside South Basin.

AFY = acre-feet per year
The water supply used by the District is only that which is required to meet actual demand. JCSD can extract, from the Chino Groundwater Basin, above their annual production rights, which is permitted with payment of appropriate fees to the Chino Watermaster.

According to information reasonably available to JCSD during preparation of the 2020 UWMP, Table 3-5 provides the recorded and projected water supply sources for the District. This includes three sources that have not yet been used by JCSD: imported water from WMWD, Cucamonga Valley Water District, and recycled water from the WRCRWA Plant through a pending grant project authorization from the State Water Resources Control Board.
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Table 3-5. Actual and Projected Water Supplies
Supply
Type Source Water Quality
Ever
Used?
Past (AF) Current
(AF)
Reasonably Available
Future Volume (AF)
2011 2012 2013 2014 2015 2018 2020 2025 2030 2035 2040
Groundwater JCSD
Wellsa Potable Yes 15,174 12,599 16,724 16,249 8,993 14,829 11,052 14,000 18,000 18,000 18,000 Purchased CDAb Potable Yes 8,088 8,032 8,642 8,690 8,616 8,972 11,414 11,733 11,733 11,733 11,733 Purchased
WMWD
and/or
CVWD
Potable Yes -- -- -- -- -- -- 3,446 10,000 10,000 10,000 10,000 Purchased ECSD Potable Yes 808 702 774 1,062 2,250 -- -- 2,000 2,000 2,000 2,000 Other DYY
Program Potable Yes -- -- -- 457 1,677 1,805 1,446 2,000 -- -- -- Recycled Water WRCRWA
Plant Non-Potable No -- -- -- -- -- -- -- 660 660 660 660 Transfers CDA Potable Yes 1,200 1,200 1,200 1,200
Groundwater JCSD
Wellsc Non-Potable Yes 509 532 511 484 464 516 491 500 500 500 500 Groundwater JCSD
Wellsa Non-Potable Yes 324 330 295 343 266 304 276 - - - - Total1 24,903 22,195 26,963 26,963 22,381 26,426 28,124 42,093 44,093 44,093 42,093 Note: From JCSD 2020 UWMP, p. 6-28, p. 6-29.
(a) Located within Chino Basin.
(b) Wholesale agency. No project has been determined; wholesaler supplier subject to change. (c) Located within Riverside South Basin.

AF = acre-feet
(1) Due to rounding, sum of the individual items may not equal the total value. 1894 2340
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As shown in Table 3-5, recycled water from WRCRWA has not been used by JCSD but grants and loans are currently being pursued by JCSD. Pursuant to SB 610 guidance, availability must be demonstrated for supply sources that have never been used by the water supplier. This can be done by identifying other water suppliers or contract holders that receive and have rights, entitlements, or contracts to the same source.

Western Municipal Water District
JCSD is one of 14 local retail agencies within the WMWD service area, and as such, JCSD can receive water from WMWD. WMWD is a member agency of MWD with responsibility to provide wholesale imported water to the retail agencies within its service area (CDA 2016, p. ES-1). This includes imported water supplies from the State Water Project obtained through WMWD’s membership with MWD. WMWD provides supplemental water and/or water resources management to the cities of Norco, Corona, and Riverside and the water agencies of JCSD, SARWC, Box Springs Mutual, Eagle Valley Mutual, Elsinore Valley, Lee Lake, and Rancho California, and unincorporated areas of El Sobrante, Eagle Valley, Temescal Creek, Woodcrest, Lake Mathews, and March Air Reserve Base (CDA 2016, p. 2-2).

WMWD noted in their 2015 UWMP that JCSD may purchase water from them in the future (WMWD, p. 3-6). Further, WMWD’s demand projections in the 2015 UWMP include 5,000 AFY to JCSD starting in 2020, increasing to 7,500 in 2025, then 10,000 from 2030 to 2040, which is consistent with the District’s projection in Table 3-5 (ibid, p. 4-7). Future water supply projects between JCSD and WMWD would directly connect imported supplies to JCSD; however, no project has yet been determined (UWMP, p. 6- 32). Because of the assurance from MWD to its member agencies, WMWD’s accounting for potential future demand from JCSD in their UWMP, and WMWD’s ability to meet the demands of its other member agencies, the availability of future supply from WMWD is demonstrated.

Western Riverside County Regional Wastewater Authority
WRCRWA is a Joint Powers Authority consisting of the cities of Norco, Corona, JCSD, Home Gardens Sanitary District, and WMWD. The WRCRWA treatment plant is a tertiary treatment facility with an ultimate capacity of 32 mgd (WMWD, p. 6-11). JCSD is entitled to the recycled water generated from the District’s share of sewage flow into the treatment plant. In 2020, approximately 5,120 AF of wastewater from the JCSD service area was sent to the WRCRWA Plant for treatment2. Currently, the effluent from the WRCRWA facility is discharged directly to the Santa Ana River immediately upstream of Prado Dam (IEUA, p. 6).

WRCRWA is in the final planning stages of providing recycled water to the City of Norco. As of 2015, seven miles of recycled water pipeline, a small reservoir, and a pump station have been installed. Norco is anticipated to take delivery of up to 895 AFY of recycled water. Western Riverside County Regional Wastewater Authority obtained an order approving a change of use permit (February 5, 2018) that would allow the WRCRWA member agencies to use recycled water from the treatment plant. (WMWD, p. 6-12).

JCSD is in the process of developing a recycled water system that will deliver irrigation water to parks and playgrounds utilizing a portion of the recycled water that they are entitled to from the WRCRWA facility.

To further conserve local water supplies, JCSD would like to deliver the remaining portion of its recycled water entitlement to IEUA for reuse and replenishment of the Chino Basin (IEUA, p. 1). Therefore, IEUA and JCSD have partnered on a grant application to the State Water Resources Control Board under Prop. 1 and the Clean Water State Revolving Fund (CWSRF) Loan program for a joint regional recycled water intertie project (CWSRF No. 8167-110). The availability of this water supply source is demonstrated through the District’s right to its share of sewer flow, the successful distribution of recycled water to the 1895 2341
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City of Norco and ongoing efforts to distribute recycled water to other member agencies, and the District’s ongoing efforts to create a distribution network.

Etiwanda Intervalley Pipeline
Jurupa Community Services District (JCSD) and Cucamonga Valley Water District (CVWD) are collaborating to develop a domestic water supply and conveyance project that will benefit both Districts by increasing water supply, improving water quality, enhancing infrastructure resiliency, and promoting sustainability.

By working together, both Districts will benefit financially and operationally due to facilities that can be utilized by either or both Districts depending on needs and availability of the various water supplies. The total Etiwanda Water Quality and Water Resiliency Project is a model for how independent water purveyors can work together to benefit their stakeholders and provide increased reliability regarding water quality, availability, and sustainability.

JCSD’s ultimate average daily demand for potable water is projected to be approximately 36,340 acre-feet per year (AF/YR) by about the year 2040. This demand will be supplied from a portfolio of sources including existing groundwater wells, Chino Basin Desalter Authority, and imported supply.

In order to meet ultimate demand of 36,340 AF/YR, JCSD needs to secure additional water supply of approximately 10,800 AF/YR. The Etiwanda lntervalley Water Quality and Water Resiliency Project will be the water supply and conveyance mechanism to satisfy the long-term water supply deficit. Water will be supplied from one of CVWD’s surface water treatment plants and new wells to be drilled in the upper portion of the Chino Basin. CVWD owns and operates two surface water treatment plants that are fed water from the Rialto Feeder. The Rialto Feeder is a large diameter pipeline owned by The Metropolitan Water District of Southern California (MWD) that delivers raw water from the State Water Project (SWP) to local water purveyors who treat and deliver SWP water to their customers. CVWD currently operates the Lloyd Michael Water Treatment Plant (LMWTP), which has a permitted capacity of 30 MGD. CVWD also owns the Royer Nesbit Water Treatment Plant (RNWTP), which was permitted at 11.5 MGD but has been taken out of service and not currently operational. It has not been determined yet whether the LMWTP or the RNWTP will be the point of connection on the north end of the project but the southern connection will be at JCSD’s 1110 and 980 pressure zone facilities near the Jurupa Hills along Country Village Road. The backbone conveyance portion of this project is called the Etiwanda Pipeline and it will be utilized to move water south into JCSD’s service area and/or north into CVWD’s service area. This project will be able to deliver the required imported water and allow JCSD to complete its water portfolio.

CVWD’s long-term water supply will be provided through a combination of SWP water coming though the Rialto Feeder, local surface water captured in the local watershed, and groundwater wells in the Chino and Cucamonga Basins. It is anticipated that these sources are adequate to satisfy CVWD’s demands.

CVWD will benefit from this project through the development of additional groundwater wells, recharge of the aquifer during times of excess water on the SWP, additional storage facilities, enhanced ability to transfer water to multiple pressure zones, and to generate electricity to offset operating costs.

In general, the Etiwanda Intervalley Water Quality and Water Resiliency Project includes the following components:
 Etiwanda Pipeline (63,070 LF in 3 Phases)
 Storage reservoir(s) totaling approximately 10 million gallons  Pressure reducing / flow control station(s)
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 Upgrade existing pumping facilities to deliver water from CVWD’s Reservoir 2C to their upper pressure zones
 Five (5) new wells, to be constructed in the northern portion of the Chino Groundwater Basin, including aquifer storage recharge (ASR) capabilities on two of the wells  Upgrade/Expansion of either the LMWTP or the RNWTP
 Groundwater treatment of existing JCSD groundwater wells  Hydroelectric generating facilities on the diversion from the Rialto Feeder to the LMWTP and Etiwanda Pipeline near the JCSD 1110 and 980 pressure zone tanks Descriptions of All Water Supply Projects
JCSD has budgeted $10,875,000 for water source development in fiscal year (FY) 2021-2022, and a total of $192,616,900 from FY 21/22 to beyond 2024-25, as shown in Table 3-6.

Normal, Single-Dry, and Multiple-Dry Year Conditions
JCSD has various sources of water supplies available to meet demands during, normal, single-dry, and multiple-dry years. In the 2010 and 2015 UWMPs, JCSD assumed 2004 as its Normal Year and 1977 as the Single Dry Year. The Multiple-Dry Year period was established at 2012-2015 for the recent UWMP.

JCSD expects 100 percent of its supply to be available in all year types because the District’s supply source is groundwater, and in particular the Chino Basin has five million AF in storage. Therefore, production of water would be a function of cost and not a lack of supply. Because JCSD does not operate its wells at full capacity, it can be assumed that groundwater pumping could increase to meet demand if drought conditions persisted or worsened.

A normal water year is a year, or an average of years, that most closely represents the average water supply available to the agency. The normal year water supplies available to JCSD and the normal year water demand projections are compared in Table 3-7. The District has determined with the addition of an imported water source, it will have sufficient supply and groundwater pumping capacity to meet maximum day water demands through 2040 (UWMP, p. 7-5)
As shown previously in Table 3-5, the projected supply from an imported water source is 7,500 AFY in 2025, and 10,000 AFY beginning in 2030. Also, the projected recycled water supply from WRCRWA is 500 AFY beginning in 2020. If both supply sources were subtracted from the total supply in Table 3-7, then a potential shortfall would not appear until sometime between 2025 and 2030.

The single dry year is the year that represents the lowest water supply available to the District. JCSD established in the 2010 UWMP that this is best represented by the dry year in 1977 (UWMP, p. 7-3). As shown in Table 3-8, JCSD has assumed the same water supply and demand as the Normal Year scenario shown in Table 3-7.

JCSD expects by 2025 that recycled water will meet some of the irrigation water demand, thus making available several hundred acre-feet of potable groundwater potentially available for urban use.

JCSD has observed in recent years reductions in water demand due to significant water conservation efforts on behalf of customers. Current and future drought regulations could further decrease water demands and ensure that existing supplies meet future demands during single or multiple dry years. (UWMP, p. 7-3)
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The multiple dry year period is the range of years representing the lowest average water supply available to the District for a consecutive multiple year period (three years or more). This was established as 2012 to 2015 in the UWMP. Notably, JCSD had sufficient supplies to meet demands during the drought period from 2011-2017.

Because the District’s supply source is groundwater, and specifically the Chino Basin has five million AF of water in storage, the District’s ability to provide water during drought conditions would result in increased pumping costs but not the ability to produce water.

The multiple dry year supply and demand comparisons are shown in Table 3-9. Demand is expected to gradually decrease in response to drought regulations and water conservation. During the first dry year, JCSD assumes no change in projected water demand. During the second, third, and fourth dry years, JCSD assumes a decrease in water use of 5, 10, and 20 percent, respectively (as measured from the first-year baseline). This demonstrates the expected time-lag between the first dry year until water conservation efforts start to show an impact in water use. A multiple dry year decrease in demand of 20 percent has been demonstrated by JCSD, which reduced water production by 23 percent from 2013 to 2015. (UWMP, p. 7-5)
Table 3-6. Normal Year Supply and Demand (AFY)
2025 2030 2035 2040 2045
Supply Totals 42,093 44,093 44,093 44,093 44,093
Demand Totals 31,525 34,035 35,825 37,795 37,795
Difference 10,568 10,058 8,268 6,298 6,298
Note: From JCSD 2020 UWMP, Table 7-2.

AFY = acre-feet per year
Table 3-7. Single-Dry Year Supply and Demand (AFY)
2025 2030 2035 2040 2045
Supply Totals 42,303 44,534 44,446 44,402 44,313
Demand Totals 31,714 34,477 36,506 38,740 39,004
Difference 10,589 10,057 7,940 5,662 5,309
Note: From JCSD 2020 UWMP, Table 7-3.

AFY = acre-feet per year
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Table 3-8. Multiple-Dry Year Supply and Demand (AFY)
2025 2030 2035 2040 2045
First Year
Supply Totals 41,883 43,608 43,432 43,255 43,079
Demand Totals 31,462 34,443 36,470 38,702 38,928
Difference 10,420 9,165 6,962 4,554 4,150
Second Year
Supply Totals 41,883 43,608 43,432 43,255 43,079
Demand Totals 28,316 30,999 32,823 34,832 35,036
Difference 13,567 12,609 10,609 8,424 8,043
Third Year
Supply Totals 41,883 43,608 43,432 43,255 43,079
Demand Totals 25,170 27,554 29,176 30,961 31,143
Difference 16,713 15,054 14,256 12,294 11,936
Fourth Year
Supply Totals 41,883 43,608 43,432 43,255 43,079
Demand Totals 22,024 24,110 25,529 27,091 27,250
Difference 19,859 19,498 17,903 16,164 15,829
Fifth Year
Supply Totals 41,883 43,608 43,432 43,255 43,079
Demand Totals 18,877 20,666 21,882 23,221 23,357
Difference 23,005 22,942 21,550 20,034 19,722
Note: From JCSD 2020 UWMP, Table 7-4.

AFY = acre-feet per year
As shown in Tables 3-6, 3-7, and 3-8 above, JCSD expects to have adequate water supplies to meet future planned water demands during normal, single-dry, and multiple-dry years through the 20-year planning period.

Summary
As described in Section 2, the projected annual potable water demand for the proposed Eastvale Leal Property is estimated at 461 AFY. Based on the information provided in the 2020 UWMP, the District has sufficient water supplies to meet the water demands of the Project by purchasing water from CDA that is within their contractual rights and by using existing groundwater supplies and pumping capacities that are more than adequate to meet the additional water demand of the proposed Project during normal, single-dry, and multiple-dry water years. With the ongoing water conservation efforts, JCSD will further ensure its ability to provide sufficient supply for the proposed Project. Section 4 will discuss the District’s water rights in light of this water supply and capacity analysis. 1899 2345
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Section 4. Groundwater Analysis
SB 610 requires specific groundwater information to be included in the WSA if groundwater will be a source of water for the proposed project. As discussed in Section 3, groundwater is a source of supply for the proposed Eastvale Leal Property Project.

Review of Urban Water Management Plan
The 2020 Urban Water Management Plan (UWMP), prepared by Albert A. Webb Associates (WEBB) on behalf of the Jurupa Community Services District (JCSD or District) was adopted by the Board of Directors on June 28, 2021 (Appendix A). The UWMP includes information relevant to the identified water supply for the proposed Project and is incorporated herein. Relevant information includes: 1) current and projected water demands through year 2040; 2) a description of the Chino Groundwater Basin; 3) the reliability of the water supply, projected supply and demand comparisons, and water shortage contingency plans; and 4) water demand management efforts.

Groundwater Basin Descriptions
As discussed in Section 3, the Chino Groundwater Basin (Chino Basin) is the direct source of groundwater for JCSD. The use of groundwater from the Riverside South Basin is limited to non-potable wells used for irrigation purposes. Figure 4-1, Groundwater Basin Map shows the JCSD service area in relation to underlying groundwater basins.

Chino Basin Description
The Chino Basin covers approximately 240 square miles in the upper Santa Ana River Watershed, and underlies parts of Los Angeles, San Bernardino, and Riverside Counties. The state Department of Water Resources (DWR) identifies the Chino Basin as No. 8-002.01, a sub-basin of the Upper Santa Ana Valley (Bulletin 118). While still considered a single basin for hydrologic purposes, the Chino Basin is divided into five management zones based on similar hydrologic conditions, and shown in Figure 4-2, Groundwater Management Zones.

It is estimated the Chino Basin has approximately 5 million acre-feet (AF) of water in storage, and an estimated 1 million AF of additional unused storage capacity (UWMP, p. 6-8). Geographically speaking, JCSD’s service area covers the southeast corner of the Chino Basin.

Legal Right to Pump from the Chino Basin
Water rights to the Chino Basin were adjudicated by the Superior Court of the State of California for the County of San Bernardino in 1978 (a copy of the Judgment is provided in Appendix F). The Judgment created the Chino Basin Watermaster (Watermaster) which is comprised of three stakeholder committees (or “pools”): Overlying Agricultural Pool Committee (representing dairymen, farmers, and the State of California); Overlying Non-Agricultural Pool Committee (representing businesses and industries); and Appropriative Pool Committee (representing local cities, public water districts and private water companies). The Watermaster carries out the provisions of the Judgment including monitoring of the basin and files an annual report on pumping and replenishment.

JCSD is a member of the Appropriative Pool and therefore has adjudicated production rights to the basin.

The Judgment established the total Appropriative Right for the Appropriative Pool at 78,763.82 AF. The District’s portion of the Appropriative Right is 2,960.60 AF, which does not change from year to year. 1900 2346
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The court’s original Judgment declared the safe yield of the Chino Basin at 140,000 AFY. The Watermaster may determine that the operating safe yield (OSY) can be higher from year-to-year depending on factors including favorable precipitation and management efforts that maximize the beneficial use of the groundwater Basin. On July 31, 2020, the Court ordered that the safe yield be set at 131,000 AFY for the period of July 1, 2020 to June 30, 2030. The Judgment does not limit a Party’s groundwater production to its share of safe yield.

As of June 30, 2020, the Judgment allocated an OSY of 44,834 AFY to the Appropriative Pool. Because JCSD has rights to 3.759 percent of the OSY, the District’s current share of the OSY is 1,685.31 AF. This amount will change from year to year as directed by the Watermaster.

JCSD also gains water rights through agricultural land use conversions. Since 2000, JCSD has been credited two AF per acre per year of water rights for every acre converted to non-agricultural use within the JCSD service area. As of fiscal year 2019/2020, total land use conversion rights claimed by JCSD is 15,051 AF.

Annual adjustments to this right may be made by the Watermaster as part of their “Reallocation of Agricultural Pool Safe Yield” calculations.

The Judgment allocates safe yield of the Chino Basin according to the three pools. There is a clear expectation that parties, including JCSD, would produce water in excess of their adjudicated production rights. The injunction in Paragraph 13 of the Judgment should thus be interpreted to mean that parties are enjoined from producing water in excess of their adjudicated rights except to the extent that they will pay a replenishment assessment.

The ability to produce water from the Chino Basin is accordingly not a matter of availability, as contemplated and sanctioned by the Judgment for the reasons discussed above, but rather a matter of cost. Water produced in excess of production rights will cost more than water produced within a party's production rights. Thus, the quantity and reliability of groundwater supplies under the Judgment for purposes of this Assessment is a matter of cost of the water produced from the Basin rather than limitations on production which may otherwise operate to reduce the sufficiency of the groundwater supply.

In addition to the Appropriative Pool water rights, the contract obligations in the Dry Year Yield (DYY) Program, purchases from RCSD and CDA as described in Section 3, the District has groundwater rights held in the Chino Basin as described below:

Annual Early Transfers. The Watermaster can approve an “Early Transfer” of water to the Appropriative Pool equal to the quantity of water not produced by the Overlying Agricultural Pool that is remaining after all land use conversions are satisfied, pursuant to the Peace Agreement.

The Early Transfer Water is annually allocated among the Appropriative Pool members in accordance with their pro-rata share of the initial Safe Yield. For JCSD, this is 3.759 percent of the amount transferred and therefore changes from year to year. In FY 2019/2020, JCSD was allocated 938.3 AF as its share of the Early Transfer.

Groundwater Storage Accounts. JCSD has rights to store water in the Chino Basin. Currently (Production Year 2019-2020), there is a total of 31,861.3 AF in storage as recorded by the Watermaster (Table 4-1). As such, this is enough water in the District’s storage accounts to meet at least one year of total demands, should its other water supply sources be unavailable. 1901 2347
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Table 4-1. Groundwater Rights Summary
Description Fiscal Year 2019/2020
Appropriative Right 2,960.60 AFY
Percent of OSY 3.759%
Carryover Beginning Balance 1,685.3 AFY
Assigned Share of OSY 1,685.3 AFY
Net Ag Pool Reallocationa 16,177.2 AFY
Total Annual Production Right
in Acre-Feet Per Year 19,547.9
Groundwater Storage Accountsb
27,795 AF
(Beginning Balance)
(19.5)
(Storage Loss)
(1,535.2)
(Transfer To/From)
5,621
(From Under Production)
Storage Account Subtotal In
Acre-Feet 31,861.3
Note: From CBWM 2020.
(a) For Production Year 2019-2020 (CBWM pp. N-12)
(b) Ending balances for production year 2019-2020 (CBWM, pp. N-13, N-14, N-15).

OSY = operating safe yield, AFY = acre-feet per year.

Recorded Use of Groundwater
JCSD currently operates 18 potable water wells in the Chino Basin that have a current production rate of 33,090 gallons per minute (gpm), and ultimate capacity is estimated at 43,315 gpm (JCSD 2020). JCSD does not operate its wells at maximum capacity, but rather they fluctuate on and off as demand changes. JCSD also operates seven non-potable wells in the Chino and Riverside South basins. Recorded groundwater production of potable and non-potable JCSD wells are listed in Table 4-2.

Table 4-2. Recorded Groundwater Production
Year Potable (AFY) Non-Potable (AFY)
2020 16,695 51
2005 18,913 --
2010 13,688 591
2015 8,993 845
2016 10,716 712
2017 12,906 795
2018 14,829 750
2020 11,052 767
Note:
2000, 2005, 2010 from DWR Public Water Systems Statistics (PWSS) reports. 2015 from UWMP, p. 6-4.
2016-2018 from JCSD Staff, Water Supply History.

Values are rounded to nearest whole number.
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Projected Use of Groundwater
Projected groundwater use by JCSD is dependent upon the cost of extracting, treating, and transporting the water to customers. Groundwater from the Chino Basin will be utilized by JCSD either directly by pumping into its distribution system or by obtaining groundwater through the CDA, RCSD, and/or through the DYY program.

Table 4-3. Projected Use of Groundwater
Supply Type Source Water Quality Projected Use (AFY)
2020 2025 2030 2035 2040
Groundwater JCSD Wellsa Potable 11,029 14,000 18,000 18,000 18,000 Purchased CDAb Potable 11,414 11,733 11,733 11,733 11,733 Purchased RCSD Potable -- 2,000 2,000 2,000 2,000
Other DYY Program Potable 1,446 2,000 -- -- --
Transfers CDA (for SARWC) Potable 1,170 1,200 1,200 1,200 1,200 Potable Sub-Total 25,059 30,933 32,933 32,933 32,933
Recycled Water WRCRWA Plant Non-Potable -- 660 660 660 660 Groundwater JCSD Wellsc Non-Potable 491 500 500 500 500 Groundwater JCSD Wellsa Non-Potable 276 -- -- -- --
Non-Potable Sub-Total 767 1,160 1,160 1,160 1,160
Total 25,826 32,093 34,093 34,093 34,093
Note: See Table 3-5 of this report. From JCSD 2020 UWMP, p. 6-28, p. 6-29. (a) Located within Chino Basin.
(b) Wholesale agency. No project has been determined; wholesaler supplier subject to change. (c) Located within Riverside South Basin.

AF = acre-feet
(1) Due to rounding, sum of the individual items may not equal the total value.

The amount of water that JCSD plans to produce from the Chino Basin as shown in Table 4-3 is well within their rights pursuant to the Chino Basin Judgment (Appendix F). Further, projections of groundwater obtained by JCSD from the other sources listed in Table 4-3 are also within the District’s rights and agreements. Therefore, the projected supplies needed to meet future demands are met from the various sources discussed in this report.

Sufficiency of Groundwater Basin
JCSD’s legal right to pump water in an amount necessary to meet all demands as sanctioned and protected by the Judgment as discussed above, is buttressed by several programs and projects directed at ensuring the sufficiency of groundwater supplies from the Basin, particularly during dry years. An adjudicated water right has perhaps the most substantial indicia of reliability of any water right that currently exists in California. An adjudicated right is based upon long-term studies whose purpose it is to protect the longterm functionality of the water source. These rights are coordinated in an established and binding manner with all the other users of the Basin and are overseen by Watermaster which has the authority to mandate and proscribe activities whose purpose is to protect the water source and maximize its long-term beneficial use.
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All Watermaster processes are governed by Rules and Regulations and receive active oversight from the Court which, as noted above, retains continuing jurisdiction over the administration of the Judgment.

Consequently, the sufficiency of the groundwater is not only directed by rigorous Watermaster management processes but validated and ensured by continuing Court oversight.

The Optimum Basin Management Program (OBMP) for the Chino Basin has guided the Chino Basin Watermaster’s activities since its adoption in 1998. Watermaster-led basin management activities to ensure the maximization of safe yield and OSY of the Chino Basin include objectives, projects, and programs identified in the Peace Agreement and the OBMP. Progress is reported in annual reports, biennial and triennial reports.

As stated, the referenced elements of the OBMP collectively comprise a comprehensive regimen directed to ensuring and maximizing the long-term beneficial use of water in the Chino Basin. In particular, and specific to the location of current and future groundwater production facilities upon which JCSD relies or will rely to provide water to meet water demands within its service area, OBMP Program Element No. 3, “Develop and Implement Water Supply Plan for the Impaired Areas of the Basin” and Program Element No. 5, “Develop and Implement Regional Supplemental Water Program”, address the sufficiency of groundwater from the Basin. Fundamentally, the goal of Program Elements 3 and 5 is to develop a regional, long range, cost-effective, equitable, water supply plan for producers in the Chino Basin that incorporates sound basin management.

The JCSD service area overlies groundwater supplies in the southern part of the Chino Basin which must be pumped for purposes of meeting new demands, maintaining safe yield, and to protect water quality in the Santa Ana River. The JCSD service area overlies groundwater supplies in the southern part of the Chino Basin which must be pumped for purposes of meeting new demands, maintaining safe yield, and to protect water quality in the Santa Ana River. As agricultural production in the southern part of the Chino Basin declines, it will be necessary for these reasons to increase production for municipal uses. This is being achieved through the Chino I and Chino II Desalters, of which the JCSD has a contractual right to purchase 8,200 AFY pursuant to the original agreement, and 11,733 AFY as a result of subsequent amendments and expanded treatment facilities (Appendix C). Thus, not only was increased Chino Basin water production by JCSD foreseen in the OBMP but sanctioned and encouraged for purposes of achieving OBMP objectives.

The sufficiency of the groundwater supply that is available to JCSD is assured due to the abundance of groundwater in the central and southern portion of the Chino Basin, OBMP objectives that prioritize and assure production from the southern Chino Basin coupled with desalting and ion-exchange treatment facilities that enable the use of this abundant supply for municipal (potable) purposes. As indicated in the quoted text of the OBMP, southern basin production, where JCSD is partially located, is the linchpin of several critical OBMP objectives. Thus, the sufficiency of groundwater is heightened and prioritized by the necessity of continued pumping from the southern Chino Basin under the OBMP which is administered by the Watermaster and ultimately enforced by continuing Court jurisdiction over the Judgment.

The other referenced OBMP Program Elements are collectively directed to ensuring the sufficiency of Chino Basin groundwater supplies, particularly during dry years, and comprehensively address water quality and quantity, thus maximizing beneficial use over the long-term. Sufficiency of groundwater from the Chino Basin is further assured for the following reasons:
• Inland Empire Utilities Agency (IEUA) is a member agency of MWD, which provides imported water from the State Water Project for direct use by parties to the Judgment in the Chino Basin 1904 2350
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and for Chino Basin recharge purposes (when supplies are available). IEUA has also reviewed the sufficiency of supplies for its service territory that includes the Chino Basin in connection with its 2015 UWMP (Appendix J).
• IEUA’s UWMP is consistent with, and reiterative of, OBMP projects and programs (see Section

7.4 of Appendix J). IEUA anticipates increased limitations for imported water for direct and recharge use while noting reductions during dry years (due to increased reliance on groundwater from the Basin) and in the higher amount otherwise required in the absence of OBMP projects and programs. The UWMP also analyzes the sufficiency of water supplies for single and multiple year drought scenarios and concludes the region is expected to meet 100 percent of its dry year demand under every scenario. Key assumptions included:
o Reliance on assurances provided by MWD in its 2015 UWMP (Appendix K) that it could meet 100 percent of projected supplemental full-service water supply demands through 2040;
o Implementation of MWD’s Chino Basin DYY Storage Program consistent with the contractual shift obligations of the participating agencies of up to 33,000 AF in a twelvemonth period; and o Sustain per capita water use reductions of 10 percent by 2015 and 20 percent by 2020.

IEUA concluded in its 2015 UWMP that the projected available water supply will meet projected water demand due to diversified water supply and water conservation measures. Based on IEUA water supply projections, there are sufficient water supplies to meet normal year water demands and single dry year demands. However, in the multiple dry year scenario a local supply gap of 283 AF is projected for 2040.

IEUA and retail agencies plan to close the supply gap through utilizing local supplemental water supply opportunities and securing additional imported water as needed to accommodate for the variability in supply from the State Water Project (Appendix J, p. 3-16).

CWC section 10631(j) provides that urban water suppliers, that rely upon a wholesale agency for a source of water may rely upon water supply information provided by the wholesale agency in fulfilling UWMP informational requirements.

IEUA’s independent analysis of contemporary regional water conditions in conjunction with MWD’s most recent report, provide additional and reliable assurances concerning the sufficiency of imported water supplies that comprise a portion of overall Chino Basin supply sufficiency. As stated in the above-quoted OBMP text, however, “expanded use of imported water in the northern part of the Chino Basin will have a lower priority than maintaining groundwater production in the southern part of the Chino Basin.” JCSD’s participation in the DYY Storage Program described in Section 3, along with future water storage and recovery projects will drought-proof the Chino Basin and all other appropriative pool members from imported water shortages. This program is consistent with OBMP Program Element No. 9, “Develop and Implement Storage and Recovery Program.” Benefits to the Chino Basin associated with this program include the construction of facilities to enhance imported water deliveries and the production of water from the Chino Basin. Further demonstrating the sufficiency of Chino Basin groundwater is MWD’s program to use the Chino Basin for dry year supply purposes, thus underscoring that sufficient Chino Basin groundwater is available during dry years not only for local use by agencies like JCSD but also in connection with MWD’s regional reliability programs.
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In conclusion, the sufficiency of groundwater supplies available to JCSD is assured because of the OBMP programs overseen by the Chino Basin Watermaster and conducted under the auspices of continuing Court jurisdiction that specifically direct and assure the long-term production of water pursuant to the District’s legal rights to produce such water necessary to meet ultimate water demands.

Summary
As discussed in Section 2, the proposed Project’s annual water demand is estimated at 461 AFY. The proposed land use types are similar to the 2020 UWMP, which estimated an annual demand of 505 AFY.

For the purposes of this analysis potable water is assumed. District-wide potable water consumption in CY 2020 was 27,357 AF (JCSD 2020). With passage of recent statewide water conservation standards, unit water consumption of potable water is anticipated to decline.

As of CY 2020, the potable groundwater production by JCSD was approximately 11,502 AF, which is less than the District’s projected peak groundwater production of potable ground water (Table 4-2). Further, the District currently uses their total rights to potable water available from the CDA (Table 4-3).

Currently, JCSD’s annual production right in the Chino Basin as calculated by the Watermaster totals 19,547.9 AF, with an additional 31,861.3 AF in storage (Table 4-1).

Although annual fluctuations to rights and storage accounts will occur, the District’s rights are projected to increase over the next 20 years due to more land use conversions.

In conclusion, the water supplies available to JCSD currently meet and exceed water demands.

As discussed in Section 2, the proposed Project’s annual water demand is estimated at 461 AFY. For the purposes of this analysis potable water is assumed. District-wide potable water consumption in CY 2020 was 27,357 AF (JCSD 2020). With passage of recent statewide water conservation standards, unit water consumption of potable water is anticipated to decline.

As discussed in Section 3, the water supply portfolio available to serve the Project includes local potable water from District wells, CDA, RCSD, and the DYY Program. The District also maintains water storage accounts through the Chino Basin Watermaster. As of 2020, the potable water supplies utilized by JCSD totaled approximately 27,357 AF, which is commensurate with the District-wide potable demand during the same time period (JCSD 2020).
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As of CY 2020, the potable groundwater production by JCSD was approximately 11,502 AF, which is less than the District’s projected peak groundwater production of potable ground water (Table 4-2). Further, the District currently uses their total rights to potable water available from the CDA (Table 4-3).

Currently, JCSD’s annual production right in the Chino Basin as calculated by the Watermaster totals 19,547.9 AF, with an additional 31,861.3 AF in storage (Table 4-1).

Although annual fluctuations to rights and storage accounts will occur, the District’s rights are projected to increase over the next 20 years due to more land use conversions.

In conclusion, the water supplies available to JCSD currently meet and exceed water demands.

Groundwater production by JCSD is currently less than their existing rights and within their groundwater well production capacity. Regardless, JCSD has the means and right to exceed their groundwater allocation in the Chino Basin when required to meet demand pursuant to the Judgment. Further, JCSD has rights to water held in storage that would supply customer demands for more than one year. On the other hand, JCSD also can supply water to the Project purchased from CDA that is within their existing entitlements and capacities. Therefore, the District can meet the planned water demand of the proposed Project by utilizing JCSD’s existing water supply.
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Figure 4-1. Groundwater Basin Map
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Water Supply Assessment
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Figure 4-2. Chino Basin Management Zones
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Section 5. Conclusions
Jurupa Community Services District (JCSD) has been identified as the water supplier for the proposed Eastvale Leal Property (“Project”). JCSD prepared an Urban Water Management Plan (UWMP) in 2020.

The Project is in the City of Eastvale and consists of 158 acres of proposed development. The proposed project will include mixed uses including mixed-use retail, office, housing, and civic development including police and fire stations and community center as well as a hotel and community spaces.

The estimated potable water demand for the Project is 461 acre-feet per year (AFY) (Table 2-3). No recycled water is assumed available to serve this Project at this time. The Project site was accounted for in the 2020 UWMP, which estimated a demand of 505 AFY for the Project site. Thus the Project was accounted for in the water demand projections of the most recent UWMP.

JCSD produced 11,051.8 AF of groundwater for potable use in CY 2020. JCSD has water production rights in the Chino Groundwater Basin that currently total 19,547.9 AF, as well as groundwater storage accounts that total 31,861.3 AF (Table 4-1).

JCSD holds a contractual commitment as a member of the Chino Basin Desalter Authority (CDA) for potable supplies in the amount of 11,733 AFY, and an agreement to purchase potable water from Rubidoux Community Services District (RCSD) in the amount of approximately 2,000 AFY. During dry years, JCSD can also purchase the City of Ontario’s share of CDA water in the amount of approximately 2,000 AF through the DYY Program. In CY 2020, JCSD received 11,414 AF from CDA and 1,446 AF through the DYY Program. No supply was received from RCSD in CY 2020 (Table 3-5). In addition, JCSD obtained WMWD’s CDA’s supply of 3,445.5 AF of WMWD’s CDA supply in CY 2020.

JCSD has forecasted excess water supplies will be available to meet customer demand during single-dry and multiple dry water years over the next 20 years (Tables 3-8 and 3-9), assuming a new water supply source is brought online around 2025. Current projects and supply sources include Western Municipal Water District and Cucamonga Valley Water District (Table 3-6). The District currently has an application before the State Water Resources Control Board to obtain grant funding and a low interest rate loan for a recycled water system.

Potable water demand in the JCSD service area was 27,357.3 AF as of CY 2020. By 2040, ultimate potable water demands are estimated at 36,289 AFY (Table 2-2). The current groundwater pumping capacity (33,090 gpm) will be increased ultimately to 43,315 gpm to meet customer demands under buildout conditions.

Based on the evidence provided herein, the total projected water supplies available to JCSD during normal, single dry, and multiple dry water years over a 20-year projection will be sufficient to meet the projected water demand associated with the proposed Project in addition to the water supplier’s existing and planned future uses, including agricultural and manufacturing uses. State mandated conservation efforts will reduce demand in the future.
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References

1. Jurupa Community Services District, 2020 Urban Water Management Plan.

2. Jurupa Community Services District, 2020 Draft Water Master Plan. March 2021.

3. Chino Basin Desalter Authority, 2015 Urban Water Management Plan. June 2016.

4. Western Municipal Water District 2015 Urban Water Management Plan Update, Final Report. June 2016.

5. The Metropolitan Water District of Southern California, 2015 Urban Water Management Plan. June 2016.

6. Chino Basin Watermaster, Fiscal Year 2019-20, 43rd Annual Report.

7. Amendment No. 8 to Groundwater Storage Program Funding Agreement No. 49960 By and Among The Metropolitan Water District of Southern California and Inland Empire Utilities Agency and Chino Basin Watermaster. September 17, 2014.

8. Judgment, Chino Basin Municipal Water District v. City of Chino, et al., San Bernardino Ct. No. 164327 (filed Jan. 30, 1978). Includes amendments thereto.

9. Agreement by and between the City of Ontario and Jurupa Community Services District establishing an operational plan for Metropolitan Water District/Chino Basin Groundwater Storage Program, Providing for Water Supply to Ontario’s New Model Colony and Interconnection to Increase Water Supply Reliability. November 21, 2014.

10. Judgment, Orange County Water District v. City of Chino, et al., Superior Court for the State of California for the County of Orange No. 117628 (filed April 17, 1969).

11. Judgment, Western Municipal Water District, et al. v. East San Bernardino County Water District, et al., Superior Court of the State of California in and for the County of Riverside No. 784726 (filed April 17, 1969).
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Mitigation Monitoring and Reporting Program – April 2022

MITIGATION MONITORING AND REPORTING PROGRAM
ENVIRONMENTAL DOCUMENT REFERENCE NUMBER (SCH 2015031028) PROJECT NAME: Leal Master Plan Addendum No. 1 (SCH No 2015031028) PROJECT LOCATION: 12741 and 12745 Limonite Avenue, and 12740 58th Street, Eastvale, California PROJECT DESCRIPTION: The Modified Project proposes residential dwellings, commercial uses, Civil uses, recreation, and a fire station.

LEAD AGENCY: City of Eastvale
CONTACT PERSON/ TELEPHONE NO.: Gina Gibson-William, Community Development Director | (951) 703-4425 Note: The Prior EIR included mitigation measures for development of Project site. Where noted below, certain mitigation measures have been satisfied as part of the Addendum and are shown in light grey format. One mitigation measure has been revised to clarify the results of further analysis. The other measures remain in place and are listed below.

No. Mitigation Measure
Timing
/Implementation
Enforcement
/ Monitoring
Verification of Compliance
Initial
s
Date Remarks
Aesthetics
MM 3.5.1 Nonglare glass shall be used in all nonresidential buildings to minimize and reduce impacts from glare.

Buildings that are allowed to use semi-reflective glass must be oriented so that the reflection of sunlight is
minimized. Types of nonglare glass shall be specified on final development plans.

Prior to approval
of final
development
plans
City of
Eastvale
Planning
Department
Air Quality
AQ PDF-1 A Construction Management Plan will be prepared that includes the requirements for Air Quality mitigation
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measures as specified in the Addendum to be submitted
to the City of Eastvale for all phases of construction.

AQ PDF-2 The Project commits to following the standard South Coast Air Quality Management District (SCAQMD) rules
and requirements with regards to fugitive dust control, which includes, but are not limited to the following:

1. All active construction areas shall be watered two (2) times daily.

2. Speed on unpaved roads shall be reduced to less than 15 mph.

3. Any visible dirt deposition on any public roadway shall be swept or washed at the site access points within 30
minutes.

4. Any on-site stockpiles of debris, dirt or other dusty material shall be covered or watered twice daily.

5. All operations on any unpaved surface shall be
suspended if winds exceed 15 mph.

6. Access points shall be washed or swept daily.

7. Construction sites shall be sandbagged for erosion
control.
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8. Apply nontoxic chemical soil stabilizers according to manufacturers’ specifications to all inactive construction areas (previously graded areas inactive for 10 days or
more).

9. Cover all trucks hauling dirt, sand, soil, or other loose materials, and maintain at least 2 feet of freeboard space in accordance with the requirements of California Vehicle Code (CVC) section 23114.

10. Pave or gravel construction access roads at least 100 feet onto the site from the main road and use gravel
aprons at truck exits.

11. Replace the ground cover of disturbed areas as
quickly possible.

12. A fugitive dust control plan should be prepared and submitted to SCAQMD prior to the start of construction.

AQ PDF-3 All construction equipment, to the extent feasible, will have Tier 4 low emission “clean diesel” engines (Original Equipment Manufacturer(OEM) or retrofit) that include
diesel oxidation catalysts and diesel particulate filters that meet the latest California Air Resource Board (CARB)
best available control technology.

AQ PDF-4 Construction equipment will be maintained in proper tune 1914 2360
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AQ PDF-5 All construction vehicles will be prohibited from excessive idling. Excessive idling is defined as five (5) minutes or longer.

AQ PDF-6 The Project will minimize the simultaneous operation of multiple construction equipment units, to the maximum
extent feasible.

AQ PDF-7 The use of heavy construction equipment and
earthmoving activity will be suspended during Air Alerts when the Air Quality Index reaches the “Unhealthy” level.

AQ PDF-8 The Project will establish an electricity supply to the construction site and use electric powered equipment
instead of diesel-powered equipment or generators,
where feasible.

AQ PDF-9 Staging areas for the construction equipment will be located as distant as possible from adjacent residential homes.

AQ PDF10To the extent possible, the Project will use haul trucks with on-road engines instead of off-road engines for onsite hauling.

3.3.5a
A site-specific air toxics pollutant analysis shall be
conducted in accordance with the SCAQMD (2008) Final
Localized Significance Threshold Methodology for
construction activities. If SCAQMD screening thresholds would be exceeded, air toxic reduction measures shall be The site-specific
air toxics
pollutant analysis
and any
necessary
City of
Eastvale
Planning,
Building and
Safety, or
- - Completed
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s
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identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance
thresholds despite the imposition of air toxic reduction measures, project-specific construction-related
dispersion modeling acceptable to the SCAQMD shall be
used to identify potential toxic air contaminant impacts, including diesel particulate matter. If SCAQMD risk
thresholds would be exceeded, additional measures shall be identified in the air toxics analysis to address potential impacts and shall be based on site-specific information such as the distance to the nearest sensitive receptors, project site plan details, and construction schedule. The City shall ensure that construction contracts include all identified measures and that the measures reduce the
health risk below SCAQMD risk thresholds. Constructiongenerated air toxics pollutant mitigation measures may include but not be limited to:

1. Limiting the amount of acreage to be graded in a single day.

2. Restricting intensive equipment usage and intensive
ground disturbance to hours outside of hours typically
spent at home.

3. Notifying affected sensitive receptors one week prior to commencing on-site construction so that any
necessary precautions (such as rescheduling or
modeling shall
be completed
prior to grading
permit issuance,
and measures
implemented
during
construction
activities
Public Works
Departments
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relocating outdoor activities) can be implemented. The
written notification shall include the name and telephone number of the individual empowered to manage
construction of the project. In the event complaints are received, the individual empowered to manage
construction shall respond to the complaint within 24
hours. The response shall include identification of
measures being taken by the project construction
contractor to reduce construction-related air pollutants.

Such measures may include but are not limited to the
relocation of equipment or the rescheduling of
construction outside of hours typically spent at home.

3.3.5b
A site-specific air toxics pollutant analysis shall be
conducted in accordance with the SCAQMD (2008) Final
Localized Significance Threshold Methodology for
operational activities. If SCAQMD screening thresholds
would be exceeded, air toxic reduction measures shall be identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance
thresholds despite the imposition of air toxic reduction measures, project-specific operations-related dispersion modeling acceptable to the SCAQMD shall be used to
identify potential toxic air contaminant impacts, including diesel particulate matter generated by heavy-duty haul
trucks. If SCAQMD risk thresholds would be exceeded,
additional mitigation measures shall be identified in the air toxics analysis to address potential impacts and shall The site-specific
air toxics
pollutant analysis
and any
necessary
modeling shall
be completed
prior to grading
permit issuance,
and measures
implemented
during
construction
activities
City of
Eastvale
Planning,
Building and
Safety, or
Public Works
Departments
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be based on site-specific information such as the
distance to the nearest sensitive receptors, project site plan details, and merchandise delivery schedule. The
City shall ensure that operations include all identified measures and that the measures reduce the health risk
below SCAQMD risk thresholds. Operations-generated
air toxic pollutant mitigation measures may include but not be limited to:

1. Redesigning the project site plan to locate proposed loading dock facilities as far from sensitive receptors as possible.

2. Posting signage stating the State-mandated
prohibition on all project trucks idling in excess of 5 minutes under the Heavy-Duty Vehicle Idling Emission
Reduction Program.

3. Restricting the number of daily heavy-duty haul truck deliveries.

Biological Resources
MSHCP
Standard
Condition
The MSHCP requires that projects pay a mitigation fee,
perform species-specific habitat assessments and
surveys, and be reviewed for consistency with Section

6.1.2–Protection of Species Associated with
Riparian/Riverine Areas and Vernal Pool, Section 6.1.3– Protection of Narrow Endemic Plan Species, Section

6.3.2–Additional Survey Needs and Procedures, and
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Section 6.1.4–Guidelines Pertaining to the
Urban/Wildlands Interface of the MSHCP.

The following requirements of the MSHCP apply to the
proposed Project and will be required of all subsequent development plans and/or projects within the Leal Master Plan area:

A. The Project applicant shall submit fees to the City in accordance with the requirements of the MSHCP
Mitigation Fee Ordinance (Chapter 4.62 of the City of
Eastvale Municipal Code).

B. The project applicant shall assess the proposed
project’s consistency with Section 6.1.2, Section 6.1.3, Section 6.3.2, and Section 6.1.4 of the MSHCP.

C. A qualified biologist shall conduct a burrowing owl
habitat assessment. If needed, focused surveys and
preconstruction surveys shall be conducted, as well as
appropriate avoidance and minimization (Section 6.3.2 of the MSHCP).

D. A qualified biologist shall conduct habitat assessments for the required Narrow Endemic Plant Species. If
needed, focused surveys and shall be conducted, as well as appropriate avoidance and minimization (Section

6.1.3 of the MSHCP).
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E. A qualified biologist shall conduct a habitat
assessment for Delhi sands flower-loving fly in areas
underlain by Delhi soil series (Species-specific Objective 1B).

As noted above, because the City has adopted the
MSHCP and enforces its provisions, these requirements
are fully enforceable under the City’s Code as standard conditions.

MM 3.7.1 All construction and clearing activities shall be conducted outside of the avian nesting season (January 15–August
31), when feasible. If clearing and/or construction
activities occur during the nesting season,
preconstruction surveys for nesting raptors, specialstatus resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of
construction activities. The qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds.

If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the Project applicant shall establish an exclusion zone (no ingress of
personnel or equipment at a minimum radius of 100 feet
Requirements
shall be
incorporated into
all rough and/or
precise grading
plan documents.

The Project
applicant’s
construction
inspector shall
monitor to
ensure that
measures are
implemented
during
construction.

City of
Eastvale
Planning
Department
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s
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or 250 feet, as appropriate, around the nest). Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City
shall be notified if altered exclusions zones widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged.

MM 3.7.2 Prior to breaking ground, a qualified biologist shall be retained to determine whether potentially jurisdictional waters are present. If potentially jurisdictional features are identified, the project applicant shall submit a
preliminary jurisdictional determination to the US Army Corps of Engineers for verification. The verified
delineation will be submitted to the City for its records.

Prior to approval
of grading
permits
City of
Eastvale
Planning
Department
- - Completed
MM 3.7.3 Projects shall result in no net loss of sensitive habitats, riparian vegetation, and/or federally protected waters
through impact avoidance, impact minimization, and/or
compensatory mitigation, as determined in Clean Water
Act Section 404 and 401 permits and/or a 1602
Streambed Alteration Agreement. Evidence of
compliance with this mitigation measure shall be
provided to the City prior to approval of each individual grading permit.

Prior to approval
of grading
permits
City of
Eastvale
Planning
Department
- - Completed
Cultural Resources
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MM 3.8.1 A detailed cultural resources field survey of the subject property shall be conducted prior to approval of the
project. The cultural resources field survey shall identify any cultural resource finds and will set out measures to mitigate any impacts to any significant resources as
defined by CEQA, the California Register of Historical
Resources, and/or the National Historic Preservation Act.

Mitigation methods to be employed include but are not
limited to the following:
 Redesign of the development project to avoid the
resource. The resource site shall be deeded to the City or a nonprofit agency to be approved by the City for
maintenance of the site.
 If avoidance is determined to be infeasible by the City, the resource shall be mapped, stabilized, and capped
pursuant to appropriate standards.
 If capping is determined to be infeasible by the City, the resource shall be excavated and recorded to
appropriate standards.

Prior to approval
of development
plan or project
City of
Eastvale
Planning
Department
- - Completed
MM 3.8.2 If cultural resources (i.e., prehistoric sites, historic sites, and isolated artifacts) are discovered during grading or construction activities in the Project area, work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and a
professional archaeologist who meets the Secretary of
the Interior’s Professional Qualifications Standards in As a condition of
project approval
and implemented
during grading
and/or
construction
activities
City of
Eastvale
Planning
Department
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s
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archaeology and/or history shall be retained to determine the significance of the discovery.

The City shall consider mitigation recommendations
presented by a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history for any
unanticipated discoveries. The City and the Project
applicant of the site where the discovery is made shall consult and agree on implementation of a measure or
measures that the City deems feasible. Such measures
may include avoidance, preservation in place,
excavation, documentation, curation, data recovery, or
other appropriate measures. The Project applicant shall be required to implement any mitigation necessary for the protection of cultural resources.

MM 3.8.3 If human remains are discovered during any grounddisturbing activities in the Project area, all work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and the
Riverside County Coroner must be notified per California Public Resources Code Section 7050.5 and California
Health and Safety Code Section 5097.98. If the remains
are determined to be Native American, the coroner will
notify the Native American Heritage Commission, and the As a condition of
project approval
and implemented
during grading
and/or
construction
activities
City of
Eastvale
Planning
Department
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s
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procedures outlined in CEQA Section 15064.5(d) and (e)
shall be followed.

Geology and Soils
GEO
PDF-1
The Project will implement the recommendations
included in the geotechnical report, “Preliminary
Geotechnical Evaluation Including Near Surface Organic
Content for the Proposed Approximately 160‐Acre “Leal”
Property, City of Eastvale, California,” prepared by LGC Geotechnical, Inc. and dated June 21, 2021.

MM 3.8.4 Prior to issuance of a grading permit, a certified professional paleontologist will be retained by the
developer to provide professional paleontological
services, which will include survey, education of
construction workers, onsite construction monitoring,
appropriate recovery, and reporting.

A paleontological monitor shall be present during ground disturbing activities in the eastern half of the Project. The monitor shall work under the direct supervision of a
qualified paleontologist (B.S./B.A. in geology, or related discipline with an emphasis in paleontology and
demonstrated competence in paleontological research,
fieldwork, reporting, and curation).

1. The qualified paleontologist shall be on-site at the preconstruction meeting to discuss monitoring protocols.

2. The paleontological monitor shall be present full-time As a condition of
project approval
and implemented
during grading
and/or
construction
activities
City of
Eastvale
Planning
Department
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during ground disturbance in the eastern half of the
Project, including but not limited to grading, trenching, utilities, and offsite easements. If, after excavation
begins, the qualified paleontologist determines that the sediments are not likely to produce fossil resources,
monitoring efforts shall be reduced.

3. The monitor shall be empowered to temporarily halt or redirect grading efforts if paleontological resources are discovered.

4. In the event of a paleontological discovery the monitor shall flag the area and notify the construction crew
immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area.

5. In consultation with the qualified paleontologist the monitor shall quickly assess the nature and significance of the find. If the specimen is not significant it shall be quickly mapped, documented, removed, and the area
cleared.

6. If the discovery is significant the qualified
paleontologist shall notify the CLIENT and CITY
immediately.

7. In consultation with the CLIENT and CITY the qualified paleontologist shall develop a plan of mitigation which will likely include full-time monitoring, salvage excavation, scientific removal of the find, removal of sediment from around the specimen (in the laboratory), research to
identify and categorize the find, curation of the find in a 1925 2371
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local qualified repository, and preparation of a report summarizing the find.

For the remaining portions of the Project site, if If any paleontological resources (fossils) are discovered during grading or construction activities in the Project area, work shall be halted immediately within 50 feet of the
discovery, and the City Planning Department shall be
immediately notified. At that time, the City will coordinate any necessary investigation of the discovery with a
qualified paleontologist.

The City shall consider the mitigation recommendations
of the qualified paleontologist for any unanticipated
discoveries of paleontological resources. The City and
the Project applicant shall consult and agree on
implementation of a measure or measures that the City
deems feasible and appropriate. Such measures may
include avoidance, preservation in place, excavation,
documentation, curation, data recovery, or other
appropriate measures. The Project applicant shall be
required to implement any mitigation necessary for the
protection of paleontological resources.

Hazards and Hazardous Materials
MM

3.10.2a
Asbestos. Prior to the issuance of any permit for the
demolition or alteration of existing structure(s), a letter shall be provided to the Planning Department from a
Prior to the
issuance of
demolition permit
City of
Eastvale
Building and
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qualified asbestos abatement consultant indicating that no asbestos-containing materials (ACM) are present in
the building. If ACMs are found to be present, they will need to be abated in compliance with the South Coast Air Quality Management District’s Rule 1403 and all other
applicable state and federal rules and regulations.

Lead Paint. Prior to issuance of any permit for the
demolition or alteration of the existing structure(s), a leadbased paint survey shall be performed to the written satisfaction of the Eastvale Building Safety and
Inspection Department. Should lead-based paint
materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA
regulations.

Polychlorinated Biphenyls. Prior to issuance of a
demolition permit, a polychlorinated biphenyls (PCB)
abatement contractor shall conduct a survey of the
Project site to identify and assist with compliance with applicable state and federal rules and regulations
governing PCB removal and disposal.

Planning
Departments
MM

3.10.2b
Prior to the issuance of any individual grading permit, a Phase I Environmental Site Assessment (ESA) shall be
conducted to determine the potential for contaminated
soil or groundwater on the site. If the Phase I ESA
determines that the potential exists for contaminated soil Prior to issuance
of individual
grading permit
City of
Eastvale
Building and
Planning
Departments
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s
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or groundwater on-site, the project applicant shall
conduct a Phase II ESA and shall follow its
recommendations to remediate any potentially
contaminated soil or groundwater. On-site contaminants
must be addressed to the satisfaction of either Cal/EPA or the Riverside County Waste Management
Department, with their approval of completion of
activities/remedial action plans (RAP) submitted to the Eastvale Department of Building and Construction prior
to the issuance of a grading permit.

3.10.2c
All trash and debris observed on-site shall be removed
prior to construction activities and disposed of at a landfill or approved dumpsite.

Prior to
construction
activities
City of
Eastvale
Building and
Planning
Departments
Noise
NOI
PDF-1
Prior to the issuance of building permits, the Project will demonstrate that building construction will achieve the minimum interior noise standard of 45 dBA CNEL for all
residential units located along arterial roadways and/or adjacent to commercial uses, per the California Building Standards Code. The following noise control measures
may be required for dwelling units located near adjacent roadways:
 Install sound barriers (masonry walls or walls with
earth berms) between residences and noise sources.
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 Install double-paned or upgraded sound
transmission class (STC) sound rated windows.
 Provide sound insulating exterior walls and roofing
systems.
 Locate and/or design attic vents to minimize sound
propagation into each home.
 Provide forced-air ventilation systems.
 Provide the necessary setbacks for dwelling units
fronting along major roadways.

NOI
PDF-2
The Project will comply with California Title 24 building insulation requirements for exterior walls, roofs and
common separating assemblies (e.g. floor/ceiling
assemblies and demising walls).

NOI
PDF-3
For proper acoustical performance, all exterior windows, doors, and sliding glass doors will have a positive seal and leaks/cracks must be kept to a minimum.

NOI
PDF-4
The final building plans will ensure that heating,
ventilation, and air conditioning (HVAC) units are not
located within an area of the Project site that would
contribute to a noise level exceedance at any adjacent
property line, per the City of Eastvale Municipal Code
requirements. To meet the City’s noise standards the
following measures should be followed:
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 All HVAC equipment shall be shielded or enclosed
from the line of sight of adjacent residential uses.
 The combined noise level of all units operating
simultaneously shall not exceed the City of Eastvale
daytime and nighttime exterior standards at the
nearest surrounding property lines.

NOI
PDF-5
Future residents, property management personnel, and
commercial tenants will be required to comply with the
City of Eastvale Municipal Code Noise Regulations,
Chapter 8.52, which specify that no person shall create loud, unnecessary, or unusual noise that disturbs the
peace or quiet of any neighborhood, or that causes
discomfort or annoyance to any person of normal
sensitiveness.

To help ensure compliance with the City’s Noise
Regulations, the following recommendations are
provided:
 Deliveries, loading and unloading activities, and trash pick-up hours should be limited to daytime hours only
(8 a.m. – 10 p.m.).
 Limit engine idling time for all delivery vehicles and moving trucks to 5 minutes or less.
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s
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NOI
PDF-6
The Project will prepare a construction management plan and obtain a construction work permit from the City of
Eastvale prior to starting construction. The construction management plan will ensure all contractors implement
construction best management practices to reduce
construction noise levels. Examples of best management
practices may include the following:
 All construction equipment shall be equipped with
muffles and other suitable noise attenuation devices
(e.g., engine shields).
 Grading and construction contractors shall use
quieter equipment as opposed to noisier equipment
(such as rubber-tired equipment rather than track
equipment), to the maximum extent feasible.
 If feasible, electric hook-ups shall be provided to
avoid the use of generators. If electric service is
determined to be infeasible for the site, only whisperquiet generators shall be used (i.e., inverter generators capable of providing variable load.
 Use electric air compressors and similar power tools
rather than diesel equipment, where feasible.
 Locate staging area, generators and stationary
construction equipment as far from the adjacent
residential homes as feasible.
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 Construction-related equipment, including heavyduty equipment, motor vehicles, and portable equipment, shall be turned off when not in use for
more than 5 minutes.
 Provide notifications and signage in readily visible
locations along the perimeter of construction sites
that indicate the dates and duration of construction
activities, as well as provide a telephone number
where neighbors can enquire about the construction
process and register complaints to a designated
construction noise disturbance coordinator.
 Construction activities shall not take place between
the hours of 6:00 p.m. and 6:00 a.m. during the
months of June through September and 6:00 p.m. to
7:00 a.m. during the months of October through May.

NOI
PDF-7
The Project will not include pile driving or blasting
activities during construction. If impact pile driving or blasting is required, a follow-up noise and vibration
impact assessment will be conducted prior to start of any activity.

MM 3.6.1 An acoustical assessment shall be prepared that evaluates potential environmental noise impacts
associated with the proposed project. Where the
acoustical analysis determines that noise levels would
Prior to approval
of development
plan or project
City of
Eastvale
Planning
Department
- - Completed
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exceed applicable City noise standards, noise reduction measures shall be identified and included in the project.

MM 3.6.2 A vibration assessment shall be prepared for construction projects that would involve the use of major vibrationgenerating equipment (e.g., pile drivers, vibratory rollers) within 200 feet of existing structures. Measures to reduce ground vibration levels shall be identified for any potential vibration impacts exceeding a vibration threshold of 0.2 in/sec ppv.

Prior to approval
of development
plan or project
City of
Eastvale
Planning
Department
- - Completed
MM 3.6.3 A construction-related noise mitigation plan shall be submitted to the City for review and approval prior to
issuance of a grading permit. The plan shall depict the location of construction equipment and specify how the
noise from this equipment will be mitigated during
construction of the project.

Prior to issuance
of grading permit
City of
Eastvale
Planning
Department
- - Completed
MM 3.6.4 The following mitigation measures shall be implemented and specified on all project construction plans:
a) Clearing and construction activities shall be
conducted outside of 6:00 p.m. and 6:00 a.m. during
the months of June through September, and outside
of 6:00 p.m. and 7:00 a.m. during the months of
October through May. (Municipal Code Chapter 8.52,
Noise Regulation).
b) All construction equipment shall be kept properly
tuned and use noise reduction features (e.g., mufflers
During
construction
activities, noted
on all project
construction
plans
City of
Eastvale
Planning
Department
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and engine shrouds) that are no less effective than
those originally installed by the manufacturer.
c) Construction equipment staging areas shall be
centrally located on the Project site or located at the farthest distance possible from nearby residential land uses.
d) All motorized construction equipment and vehicles
shall be turned off when not in use.

Transportation and Traffic
MM

3.2.1a
Fair share of funding shall be paid for widening Limonite Avenue along the Project frontage from two to three
lanes in each direction. Funding shall be determined
and paid via the Riverside County Transportation
Uniform Mitigation Fee (TUMF). Project plans and/or
phasing shall establish the timing of this improvement to ensure it is in place prior to LOS D operations and
consistent with the Master Plan’s infrastructure phasing provisions.

Prior to approval
of development
plan or project
City of
Eastvale
Planning
Department
MM

3.2.1b
A focused traffic study shall be prepared that
demonstrates the project’s consistency with the
transportation impact assessment (TIA) for the Leal
Master Plan prepared by Fehr & Peers (2015). The
traffic study shall assess the following:
• Parking;
• Site access and on-site circulation;
Prior to approval
of development
plan or project
City of
Eastvale
Planning
Department
- - Completed
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• Interaction of driveways with adjacent intersections (if appropriate);
• Impacts on local intersections;
• Impacts to pedestrian, transit, and bicycle facilities; and
• Trip generation monitoring study to ensure that, as
land develops in the Leal Master Plan area, the total
development generates traffic at or below the levels
assumed in this Draft EIR.

MM 3.2.1c Hamner Avenue shall be widened between Limonite Avenue and Bellegrave Avenue to three lanes in each
direction either directly or through fair-share funding as determined by infrastructure and/or facility financing
plans approved for the Leal Master Plan. Project plans
and/or phasing shall establish the timing of this
improvement to ensure it is in place prior to LOS F
operations and consistent with infrastructure phasing
provisions established as part of Master Plan
implementation.

Prior to approval
of development
plan or project
City of
Eastvale
Planning
Department
1935 2381
LEAL MASTER PLAN AMENDMENT #1
APRIL 2022

CITY OF EASTVALE
Eastvale City Council
Mayor Clint Lorimore
Mayor Pro Tem Todd Rigby
Council Member Brandon Plott
Council Member Christian Dinco
Council Member Jocelyn Yow
Eastvale Planning Commission
Chair Houston Laney
Vice Chair Kevin Mensen
Commissioner Josh Lee
Commissioner Andrea Hove
Commissioner Michael Rochelle
Executive
Henry Garcia, Interim City Manager
Gina Gibson Williams, Community Development Director
Erica L. Vega, City Attorney
Planning
Gustavo Gonzales, Planning Manager
Jamie Cerda, Senior Planner
Allen Lim, Assistant Planner
Engineering
Jimmy Chung, City Engineer
Cassandra Sanchez, Principal Civil Engineer
Dahi Kim, Senior Engineer
Consultant
Peter Minegar, MBI
Mark Teague, Placeworks

DEVELOPER
A.J. Jarvis, The New Home Company
Matt Gibson, The New Home Company
Peter Carlson, Carlson Strategic Land Solutions
John Moreland, KTGY
Xiaofan Li, KTGY
Doug Staley, Hunsaker & Associates
Joey Valadez, Hunsaker & Associates
Sarah Kleinberg, Jackson Tidus
1936 2382
CHAPTER 1 – INTRODUCTION
CITY OF EASTVALE LEAL MASTER PLAN AMENDMENT #1

1.1 DRAFTAPRIL 2022
1 INTRODUCTION AND VISION

1.1. BACKGROUND AND PURPOSE
In the City of Eastvale, a recently
incorporated and rapidly growing city in
northwestern Riverside County, the Leal
property holds significance as one of two
major undeveloped pieces of land in the city.

The idea of planning for the site’s
development originated in the 2012 Eastvale
General Plan. The Land Use Chapter of the
General Plan adopted at that time supported
the development of a mixed-use project on
the site in cooperation with the property
owner and/or the developer.

In 2013, the City of Eastvale City Council
initiated a long-range planning process for
the property. The effort was born out of the
desire to create the mixed-use town center
project on the site and to safeguard against
unsatisfactory development taking the
project’s place. The Leal Master Plan is the
product of this planning process and is a
critical step toward bringing unique,
regionally significant development to the site.

In December of 2017, the City of Eastvale adopted the initial Leal Master Plan. The multiple step process was established in the original Master Plan. This Leal Master Plan is the first amendment to the initial Master Plan as contemplated in the development process.

1.1.1. What Is a Master Plan?
This Master Plan is a long-range planning document that documents how the site will be developed. This Master Plan describes the community’s vision for the project area, identifies appropriate land uses, includes the development standards that are necessary to achieve the vision, defines the character of the project’s development, lists the steps involved with the development process, and provides guidance on implementation of the plan.

The adoption of this Master Plan represents the second step in planning for the site’s development. This document establishes general parameters for development of the Leal property (and the process for defining more specific standards tailored to the ultimate project to be proposed by the property owner/developer). Subsequent development plans will provide precise City of Eastvale Demographics
Eastvale offers the developers of the Leal
Master Plan excellent opportunity to serve an
affluent and growing population. Current
projections for 2018 show the following:

Eastvale 10-Mile
Radius
Population 68,706 1,070,150
Average
Household Income
$130,730 $90,507
Average Annual
Increase in
Household Income
2013-2018

0.94% 3.47%
Eastvale is the most diverse high-income city in
California, with a population that includes 40
percent Latino residents, 9 percent black, 24
percent Asian and 24 percent white.
1937 2383
CHAPTER 1 – INTRODUCTION
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DRAFT APRIL 2022 1.2
development plans for each planning area, facilitating the actual construction of developments.

Note to the Reader: See Chapters 4 and 5 of this Master Plan for detailed information on required future submittals.

Implementation of this Master Plan will ensure that desirable, high-quality development is constructed on the site in an orderly and cohesive fashion. All development occurring on the site is required to comply with this Master Plan.

1.1.2. Community and Stakeholder Input
The original adopted Leal Master Plan was created and adopted in a public forum. The document represents a blending of the City’s goals, the owner’s ambitions, and the public’s aspiration for the property. The participants’ contributions to the project are as follows:

1.1.2.1. City Council and Planning Commission
Throughout the planning process, staff was provided with input from the City Council and Planning Commission on important aspects of this Master Plan.

Ultimately, the Planning Commission and City Council were responsible for selecting the Master Plan Amendment’s overall concept and the land use program and for reviewing and approving the final Master Plan Amendment.

1.1.2.2. Property Owner
Before and during the preparation of
this Master Plan, City staff met
regularly with the Leal family who has
for decades owned the property and
the property owner’s development
representatives. These meetings
helped establish the vision for the
property and the legacy that the
family hopes to leave in the form of
the proposed new development.

1.1.2.3. Public Outreach
The preparation of the original Master
Plan included a significant online
public outreach campaign, including
a website dedicated to the project
and numerous postings on the City’s
social media outlets.

The project website provided
background information on the
Big Ideas for the Leal Property
When the City asked for “big ideas” and themes
for the project site, residents provided
thousands of responses, mostly via social
media. The following were the top listed
categories:
• Lifestyle Centers
• Downtown
• Indoor Regional Mall
• Amusement
• Arts/Cultural
• Concerts/Special Events Venue
• Hospital/Medical Center
• Civic Uses
• 1950s Main Street
• University or Community College
• Sports/Recreation
• Hotel/Resort
• Giant Cow Statue
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1.3 DRAFT APRIL 2022
project and the property, as well as City and project-related documents, and kept the public apprised of upcoming meetings. The website also featured an interactive section that allowed users to share their input on important aspects of the project.

Initially, participants were asked to submit their suggestions for “big ideas” and “themes” for the project site. Residents responded to the City’s call for ideas, submitting thousands of comments. Subsequently, an online poll was created to see which of the ideas held the greatest level of support in the community. Of the nearly 2,000 survey responses received, the three most popular categories were:
• Lifestyle Centers
• Downtown
• Indoor Regional Mall
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1.2. OBJECTIVES
The General Plan goal of bringing a mixed-use development to the site will be realized through the adoption and the implementation of the Leal Master Plan. This Master Plan seeks to achieve the following objectives:
• Facilitate transformation of the project area into Eastvale’s Downtown. • Encourage a mix of uses, including retail, experiential uses, office, civic, residential, and recreation/entertainment, that respond to market demand. • Create a Downtown Village destination in Eastvale to meet the needs of patrons from the community and the region.
• Include heavily landscaped spaces, further reinforcing Eastvale’s Tree City USA designation.
• Implement high-quality architecture and design that creates a sense of place and enhances the aesthetic and visual quality of the neighborhood. • Design the site in an efficient fashion that perpetuates a compact, urban form of development.
• Provide safe and entertaining gathering places for Eastvale residents. • Develop the site in an orderly, comprehensive, and cohesive manner that avoids the piecemeal development of the site with a mix of incompatible uses that do not relate to one another.
• Expand the city’s economic base by generating substantial property and sales tax revenue.
• Provide employment opportunities for residents, improving the city’s jobs/housing balance and reducing vehicle miles traveled.
• Provide the infrastructure necessary to meet project needs in an efficient and costeffective manner. • Provide medium- and high-density housing opportunities. • Provide ample access for pedestrians, bicyclists, and automobiles throughout the site.
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1.3. VISION
The City envisions the project area emerging as the City’s Downtown and a destination within the region. The area will be anchored by a downtown village and surrounded by a mixture of complementary office, civic, residential, and recreation/entertainment uses.

All aspects of the project will exhibit the hallmarks of thoughtful, high-quality design and landscape.

Note to the Reader: For more information on the vision and the quality of the project’s design, refer to Chapter 2, Project Character.
1941 2387
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1.4. LOCATION
The project area encompasses the Leal property, an approximately 160-acre landholding that (as of 2014) included one of the city’s last operating dairies and a horse farm.

Shown in Figure 1.1: Regional Context Map, the project area is in the northeastern section of Eastvale, approximately one-half mile from the Interstate 15/Limonite Avenue interchange, and south of State Route 60. The site is bounded by 58th Street to the north, Hamner Avenue to the east, Limonite Avenue to the south, and Scholar Way to the west, as shown in Figure 1.2: Local Context Map. The project area is situated immediately west and north of existing commercial and retail developments and is south and east of established and newly developed residential neighborhoods of varying densities. 1942 2388
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1.5. RELATIONSHIP TO OTHER DOCUMENTS

1.5.1. General Plan
The Leal Master Plan implements the City of Eastvale General Plan. The land uses permitted by this Master Plan are consistent with the goals, policies, and general land uses described in the General Plan.

1.5.2. Municipal Code
This Master Plan functions as the zoning document for the project area, except as discussed below.

This Master Plan incorporates zoning provisions that vary from, and supersede, those included in the City of Eastvale Zoning Code and introduces additional provisions not found in the Zoning Code. For these development standards, the Master Plan distinguishes between those provisions that apply to the entire project area and the provisions that only apply to individual land uses.

This Master Plan references regulations in the Eastvale Zoning Code. Where the Zoning Code is referenced, the Zoning Code in place at the time of a development project’s submittal will be used.

Where this Master Plan is silent on any issue, the applicable standard in the Eastvale Zoning Code will be used.
1943 2389
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Figure 1.1: Regional Context Map
1944 2390
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CITY OF EASTVALE LEAL MASTER PLAN AMENDMENT #1

1.9 DRAFT APRIL 2022
Figure 1.2: Local Context Map
1945 2391
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1.6. PLAN ADMINISTRATION

1.6.1. Use of This Master Plan
This Master Plan will be used as the basis for establishing standards of development and evaluating proposed development projects for the Leal property and is intended to be used by a broad range of persons, including:
• The City Council and Planning Commission in decision-making activities. • City staff in evaluating project consistency with the standards set forth in this Master Plan.
• The development community in preparing development proposals. • Residents and citizens seeking to understand the vision for the Leal property and the type of development which may occur.

1.6.2. Interpretations of the Master Plan
The City of Eastvale Planning Department is responsible for the administration, implementation, and enforcement of this Master Plan. The Community Development Director or their designee is responsible for making determinations of consistency with this Master Plan as follows:

1.6.2.1. Determination of Intent
Whenever the Community Development Director determines that an ambiguity exists in how a particular standard or regulation applies, or a formal request for an interpretation is made by an applicant, property owner, or interested party, the Community Development Director or their designee will prepare an official interpretation of intent in accordance with the procedure set forth in Eastvale Zoning Code Section 1.5.1 (Official Zoning Interpretation).

1.6.2.2. Determination of Similar Land Use
Recognizing that every conceivable land use cannot be identified in this Master Plan and anticipating that new land uses will evolve over time, the Community Development Director or their designee has the authority to approve uses when their operation, impacts, and scale are similar to those land uses listed in this Master Plan.

Determinations of similar land use will be made pursuant to Section 1.5.1 (Official Zoning Interpretation) of the Eastvale Zoning Code.

1.6.2.3. Amendments to the Master Plan
Over time, various sections of this Master Plan may need to be revised, as economic conditions or City needs dictate. The policies presented in this Master Plan contain some degree of flexibility, but any Master Plan amendments must be judged by relatively fixed criteria. Minor modifications to the plans, guidelines, 1946 2392
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regulations and standards contained in this Master Plan may be approved at the discretion of the Community Development Director or their designee as described in Section 5.4.1. Major modifications that do not meet the criteria for minor modifications described in Section 5.4.1 shall require a formal amendment to the adopted Master Plan. Major modifications are described in Section 5.4.2.

Amendments to this plan may be initiated by a developer, any individual property owner, or the City, in accordance with the Eastvale Zoning Code.

1.6.2.4. Actions Which Are Not Amendments to this Master Plan The following are not considered amendments to this Master Plan:
• Determinations of similar use, as discussed in this chapter. • Minor modifications to the Master Plan, as outlined in Chapter 5 of this Master plan.
1947 2393
CHAPTER 2 – PROJECT CHARACTER
CITY OF EASTVALE LEAL MASTER PLAN AMENDMENT #1

2.1 DRAFT APRIL 2022
2 INTRODUCTION AND VISION

2.1. INTRODUCTION
The City’s vision for the Leal Master Plan area is a development that provides employment, retail, public uses, entertainment, and housing in a carefully laid out environment designed to create a memorable and enjoyable experience for both visitors and residents. The City and community expect that development of the Leal property will be of the highest quality, both in design and construction.

The envisioned level of quality is reflected in other regionally significant projects in Southern California, such as Downtown Claremont, downtown Temecula, and downtown Brea. All of these developments are noteworthy for their focus on creating a vibrant and attractive experience for visitors, incorporating vertical development (multiple stories) into a village setting, and for their attention to detail in a variety of features.

This Chapter expresses the City’s vision for the Leal Master Plan. The expected level of quality is shown as it should be expressed in various aspects of the project, including:
• Site design
• Circulation
• Architecture
• Landscaping
• Public Spaces
• Buffers/Adjacencies
• Street Furnishings
• Thematic Features
• Signage

2.2. PROJECT CHARACTERISTICS
Attention to detail and incorporation of high-quality materials is a key aspect of developing high quality projects. While the examples provided on the following pages focus on distinguishing characteristics within the Downtown concept, all portions of the project will be required to achieve a similar level of quality and attention to detail. 1948 2394
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2.2.1 Site Design
The following principles accompany the vision for Leal Master Plan to form the foundation for the planning and design of the community. • Create a magical destination.
• Provide energy, vitality and create a central gathering place within the City. • Public and private spaces are designed to enhanceand complement one another.
• Along retail corridors, wide sidewalks and shaded paseos lined with street trees and outdoor seating create an inviting environment for both window shopping and socializing, focusing on the human scale and experience. • Diversify Eastvale’s economy by providing a range of uses within close proximity to each other.
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2.2.1 Site Design
Effective site design facilitates access and mobility and integrates building design and orientation, private space, and public space to create a vibrant destination. The following bullets describe the site design vision.
• Downtown will provide opportunities for retail commercial and office uses, as well as central gathering places for residents to interact and connect. This commercial/retail hub should be visually prominent, as it is strategically located at the intersection of Limonite and Hamner Avenue to capture visibility and attract shoppers and direct visitors to this destination center. • Downtown will be surrounded by higher density neighborhoods that gradually transits to lower density neighborhoods.
• A village green located adjacent to the Downtown will provide a wide variety of active and passive recreation amenities.
• Neighborhoods will be designed to connect to open space and park amenities, shopping, public and civic facilities, and recreational facilities via streets, paseos and pedestrian trails.
• A community wide linear park system will provide focus on community connections and pedestrian experience.
• Wide sidewalks and shaded paseos lined with trees and outdoor seating create an inviting environment both in the Downtown and residential areas. • Public and private spaces are designed to enhance and complement one another.
• The project is integrated into the surrounding environment to provide for multiple points of access.
• On-street parking, landscaped bulb-outs, and special paving treatments provide convenient access in an aesthetically pleasing manner.
• Parking is conveniently located to destinations and should be tucked away or integrated into parking structures so as not to dominate the experience. 1950 2396
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2.2.2 Circulation
A carefully devised circulation network allows pedestrians, bicyclists, automobiles, and delivery vehicles to operate without conflict.
• Entries and gateways into the project are distinct and identifiable. • Circulation patterns are simple and obvious.
• Paving and landscaping materials distinguish the types of circulation routes. • Plant and material selection along circulation routes are used to identify distinct districts within the overall project.

The Leal Master Plan has six major points of access: two points of access from Limonite Avenue, two points of access from Hamner Avenue, one point of access from 58th Street, and one point of access from Scholar Way, as shown in Figure 3.1, Land Use Plan.

In addition to these major entry points, secondary access may be provided from the major streets surrounding the project as part of subsequent Major Development Review for the Planning Areas.

All of the project’s access points will provide an opportunity to create a sense of arrival by creating entryway statements or gateways with landscaping, signage, and buildings. See Section 4.3.3 in Chapter 4 for the design standards for the major entry points.

An internal circulation system is established and shall be designed to be consistent with Chapters 4 and 5 of the Design Standards and Guidelines for residential and nonresidential site and street design.

Pedestrian paths and bicycle lanes identified on circulation cross sections on Section

6.2 shall be designed to comply with the following:
• Pedestrian and bicycle access shall be provided along all major roadways and internally within each development to allow connectivity from the streets to the businesses and residences.
• Pedestrian and bicycle connections shall be provided from the street to the interior of the development that minimize conflicts with vehicular traffic. • Sidewalks shall be shown on each street section.
• Pedestrian and bicycle access shall be consistent with Chapters 4 and 5 of the Design Standards and Guidelines for residential and nonresidential site design. 1952 2398
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2.2.2 Circulation
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2.2.3 Architecture
The Leal Master Plan is designed to include distinctive, identifiable neighborhoods of a walkable size and scale with an appropriate mix of housing types. This section provides the framework for high quality design and expresses the desired character of future development.

Community-wide Residential Development
This section identifies key architectural and site design elements that should be considered in all residential areas within the Leal Master Plan community. These guidelines intend to establish a diversified, yet cohesive level of quality in home design that reflects the character of the surrounding environment while allowing for flexibility in design.

Architecture Forward Design
• Within the Downtown, buildings fronting onto the street shall be designed so that active and articulated architecture visually dominates the street and allows for direct views of the street and outdoor living space to enhance the sense of security. This can be achieved by orienting doors and windows toward the streets and public areas.
• Garages shall be set behind the front face of the building or be oriented to alleys or motorcourt drives to minimize the visual dominance of garages along the street.

Building Siting and Orientation
• In general, buildings shall be located and oriented to define public streets and primary open space areas, as appropriate to the product type. • Front entries shall face the streets, courtyards, paseos, or open spaces. • Units shall be sited and design so that each building shall have roof exposure to the south or east, or a portion of the roof with a flat roof. • Unit entries shall not be provided on 58th Street, Hamner Avenue, or Limonite Avenue.

Corner Lot Buildings
• Corner lots for single-family detached homes generally have wider than minimum required side setbacks from the adjacent public rights-of-way as compared to interior side setbacks (refer to product-specific standards in Chapter 4, Development Standards). This additional setback area is intended for landscaping and/or single-story architectural elements such as porches and courtyards.
• To respond to adjacent streets and intersections appropriately, buildings on corner lots shall be designed for a two-sided corner exposure, addressing the increased public visibility by allowing for architectural enhancements on the side elevation facing the street.
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• Corner lot buildings shall feature enhanced elevations that provide a similar level of detail on the street side as the front elevation. Enhancements may include. o Wrap-around porches or courtyards
o Principal window treatments
o Roof plane breaks
o Accent colors, materials and detailing
o Garage access from the side street for conventional single-family homes
Building Form, Massing and Articulation
• Building massing (three-dimensional form of a building, referring to the perception of the general shape and form, and size) along the street shall be varied to create a quality streetscene.
• To reflect a variety of forms and create massing breaks, use horizontal and vertical offsets, such as interconnection and lapping of building forms and heights.
• Plane offsets cantilevered upper floors and varied roof forms are encouraged to avoid large expanses of flat, monotonous walls and roofs in alleys and motorcourts.
• To add interest to building facades, building articulations such as roof overhangs, balconies, and projections should be used in the design of building frontages. • For attached residential buildings, break down the scale of the buildings into smaller elements through varied building massing and forms, such as varying setbacks on building elements/facades, varying roof lines and directions, incorporating single-story elements or open balconies that provide negative space at prominent corners, utilizing shed roof forms and trellis elements, etc. • To prevent long expanses of blank walls, walls shall be articulated at least every 20 feet horizontally on each floor. Articulation shall mean a change in material, massing break of at least one foot (1’), or including a window, projecting porch, balcony (recessed or projecting), or other decorative element (e.g. decorative attic vent).

Colors and Materials
• Building materials and colors shall be appropriate to the overall neighborhood design theme and relate to the selected architectural style. Frequent changes in materials shall be avoided.
• Provide a variety in texture and color to allow for diversified expressions of individuality on building elevations, while maintaining visual cohesiveness throughout the community.
• Where color or material changes occur on the building, such changes shall only occur at inside corners or wrapped to appropriate termination points where they provide a finished appearance from the street.
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• Color and materials should wrap columns and posts in their entirety. • Exposed gutters and downspouts must be colored to match or complement the surface to which they are attached.
• Colors shall be neutral tones or muted colors complementary to the chosen architectural style and compatible with the character of surrounding development. Reserve bright or dark colors for trim or accents only.

Roofs
• Select simple and efficient roof forms, pitches and materials that are consistent with the architectural style of the building. Consider roof forms in relationship to the building mass to improve massing relief along public streets and on other publicly visible elevations.
• Varied roof forms, offsets and materials consistent with the architectural style of the building are encouraged to create variation in the skyline and diversity in the streetscene.
• Flat roofs with parapets or decorative cornices are permitted where appropriate to the architectural style of the building.

Mechanical Equipment
• All exposed air conditioning/heating equipment, soft water tanks, and pool and spa equipment shall be hidden from view in vaults, wells, enclosures, behind walls/fences or screened by landscape. Enclosures shall be constructed similarly and finished to match the building or material which they are attached.

Trash Enclosures
• Areas provided for trash and recycling bins shall be concealed from public view. • Where trash and recycling material collection facilities are shared by several units/buildings, the collection facilities shall be screened by architectural enclosures. The screening enclosure materials and colors shall be similar or complementary to the exterior materials and colors used on the adjacent principal buildings.
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Detached Residential Development Design Guidelines and Standards • Side entries are allowed to give the product design greater flexibility and varies the curb appeal.
• For rear loaded and detached cluster homes, front yard and common area landscaping will be provided by the builders.
• Provide visual harmony by applying a common family of details throughout the cluster complex.
• Provide paving within the courtyards to enhance their use and identity as pedestrian entries to the homes.
• Individual unit entries of cluster homes shall be clearly discernible from the courtyard or access drive.
• Where a central courtyard is provided for detached cluster homes, living space windows shall orient toward the courtyard.
• Provide a minimum of three (3) floor plans in each Planning Area. • There shall be a minimum of three (3) elevations for each floor plan, for a minimum total of nine elevations.
• No more than two buildings in a row may be plotted with the same elevation style.
• The same plans may be plotted adjacent to each other or across from each other, provided they have different elevation styles.
• Detached cluster units with front facades bordering streets I, E, F, H & G shall have their entries oriented to these streets.
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Attached Residential Development Design Guidelines and Standards Attached residential buildings tend to have larger building masses. As such, attached residential design should be carefully considered to convey a sense of human scale.

Building typology and chosen architectural style should reflect the building’s location within the community, and all buildings should exemplify quality design.

Townhomes and Attached Motorcourt Homes
• Where attached residential buildings are located adjacent to single family detached homes, minimize impacts on the adjoining residences with a sensitive transition in scale, massing and height, and design the transition to ensure resident privacy.
• Design the front elevation of attached residential buildings to clearly delineate individual units as a way of breaking up mass.
• Articulate the front building facades to promote individual unit identity by incorporating overhangs, recesses, porches, glazed doors, accent materials and colors, etc., consistent with the architectural style of the building. • External unit and building entries shall be designed in a manner that is clearly visible to pedestrian and/or vehicular approaches.
• Rear facades along alleys, driveways, or visible from backbone streets shall not be void of articulation. These elevations shall include massing breaks and/or architectural details (i.e. shutters, gable vents), as appropriate to the architectural style of the building.
• Attached residential buildings sited adjacent to lower-density residential neighborhoods should be sensitive to the scale of those neighborhoods. Step down building heights to match the adjacent buildings as a transition to lower adjacent development heights.
• When located next to open space or a paseo, arrange groups of attached residential buildings so that the buildings front onto paseos or the open space. In the event that fronting onto these open spaces is not feasible, the residential buildings shall front onto a courtyard, pathway, or other gathering space that would directly connect to the open space or paseo.

Apartment/Flats
• Building configuration shall form adequately-sized courtyards and gathering spaces, where applicable. Accessible from inside the building or from external pedestrian pathways, courtyards or gather spaces should feature enhancements such as trellises, shade trees, or outdoor furniture. • Step down corners and ends of multi-family buildings over two-stories in height at highly visible locations, softening the building edges and enhancing the streetscene.
• Provide pedestrian-oriented elements and details on facades facing public sidewalks. Elements such as balconies and awnings can add visual interest and richness to the street environment.
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• Transitional spaces such as porches, covered entries or stoop entries shall be provided for ground floor units facing public street. Where common building entries are provided, they should be well defined along the street and/or parking lot edges.
• Arrange attached residential buildings and site landscaping in such a way that they screen parking areas from public view and minimize the impact of parking lots and garages on the public streetscape.
• Parking lots shall be broken up into smaller segments by landscaped islands, but should remain connected to facilitate internal circulation for a common complex.
• Provide a minimum of two (2) unit plans for each building, and a minimum of two (2) building plans (with the ability to add elements to corner units as necessary) in each Planning Area.
• Residential development adjacent to internal Street E, F, G, H and I shall include a primary pedestrian entry along this street frontage facing either the street or a courtyard or a paseo that is accessible by the residents. • All primary entrances for multi-family dwellings shall provide unit identification. • ... Exterior elevations shall include at least three (3) materials that accentuate or correspond to variations in building massing and plane changes, but not having too many different materials to avoid a chaotic appearance. Glazing (windows) and accent materials such as shutters and railings may count towards this requirement.
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Downtown District Design Guidelines and Standards
The Downtown District will function as a vital commercial center for the City.

Appropriate land uses for these areas include residential, commercial, retail services, restaurants, offices, paseos, recreational facilities, community venues, and civic facilities. The mixed- use areas are a place for working, shopping, dining and gathering.

Businesses will be situated along the street and provide convenient access for vehicles, pedestrian walkways and landscape areas.

General Criteria
• Buildings shall front onto a street or spine, which may be designed either as a vehicle free zone or in such a manner as to allow for use by both pedestrians and motor vehicles. When vehicles are allowed, design features shall be incorporated to define pedestrian movement through changes in paving materials or grade, articulated walks with landscaping, or overhead structures. • Both vertical (different uses within the same building, with commercial or office uses located on the ground floor and with office or residential uses located above) and horizontal (single-use buildings located side-by-side or adjacent to each other on a development site) mixed-use are encouraged in the Downtown District. The mix of land uses may be, but are not limited to, commercial mixed with residential or mix of uses of retail, restaurant, office, and civic uses. • Vertical mixed-use projects are encouraged for 3-story and higher buildings, such as first floor retail with office or residential uses above. Visually, this arrangement divides the façade into two basic parts: the upper façade and the storefront. • Large monolithic buildings, such as movie theaters and cultural venues, must be set back from a street designated for pedestrian activity and lined with smaller businesses in front to create a more appealing streetscene. • Plaza areas in mixed-use settings are encouraged and may include seating, fountains, and landscaping.
• Open views into the retail space at the storefront level will enhance the pedestrian experience by providing a visual connection to the use inside the building. On upper levels, windows should continue the aesthetics of the building while serving the occupants’ need for privacy.
• Primary entrances into retail buildings shall be clearly marked and provide a sense of welcome and convenient access into the building interior. • Corner buildings shall be designed with enhanced treatments. These treatments may include: larger building element at the corner, more ornamentation than adjacent buildings, or a plaza to define the space. In addition, corner buildings typically have both primary and secondary façades that relate to the streets on which they front.
• The ground floor of the commercial component of a mixed-use building shall have a finished ceiling height of a minimum of 12 feet. 1963 2409
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Building Form, Massing, and Articulation
• Iconic buildings in the Downtown District are encouraged and may include architectural features such as bell or clock tower or similar statements. • Architecture shall address public areas with high quality materials and should contain architectural elements and other detail relating to the human scale. • Groups of buildings shall be arranged in clusters around elements such as pedestrian walkways or landscaped areas.
• Retail and restaurant buildings with facades parallel to the street with covered pedestrian arcades are encouraged. Long unarticulated facades shall be avoided along the primary pedestrian corridor.
• No building wall facing a public street should extend more than 25 feet vertically or horizontally without a visual break created by a minimum 1 foot architectural/massing offset. (See graphic footnote 1 in below) • Within PA3 and PA5, the ground floor shall incorporate abundant glazing. At least thirty (30) percent of the exterior walls on the ground floor facing the identified pedestrian corridor shall include glass windows, glazed doors, or other openings, as illustrated in below. Percentage of fenestration shall be calculated based on the length of the facade frontage and the floor-to-ceiling height of the ground floor, excluding the areas for parking garage ingress/egress. (See graphic footnote 2, above)
• Adjacent to Streets H or G within Planning areas 2, 3, 4 and 5, at least 50 percent of the building (commercial, civic, or residential) shall be located within the 0 to 15 feet of the right-of-way from Streets H and G. The other 50 percent may be reserved for expanded outdoor dining opportunities, courtyards, paseos, or 1964 2410
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driveways connecting to surface lots behind the building. Parking lots are not allowed between the building and the street along these corridors.

Materials and Colors
• A mixture of high-quality materials in highly visible locations and in varying quantities have a large impact on the perceived quality of the area. • Colors should be carefully chosen to complement the architectural style or tenant of each building.
• Exterior elevations shall include at least three (3) materials that accentuate or correspond to variations in building massing and plane changes, but not having too many different materials to avoid a chaotic appearance. Glazing (windows) and accent materials such as shutters and railings may count towards this requirement.
• Colors shall be neutral tones or muted colors complementary to the chosen architectural style and compatible with the character of surrounding development. Reserve bright or dark colors for trim or accents only.

Services, Utilities, and Storage
• Service, loading, and storage areas should be located away from the streets and activity area. When service areas are not able to be located away from streets or activity areas, screening elements such as walls, fences, architectural treatments, landscaping, or similar screening element shall be incorporated. In all cases, the screening shall be integrated into the design and not appear as an afterthought.
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2.2.4 Landscape
Landscaping can have a significant visual impact on a project through the quality of landscaping materials selected and the how landscaping is integrated throughout the project site. Landscaping both visually ties a project together and identifies distinct districts.

The City of Eastvale has been proudly designated as a “Tree City USA” by the Arbor Day Foundation by providing commitments to installing and maintaining an urban forest. The City and this Master Plan continues this commitment to provide an urban forest to improve the visual appeal, increase property values, reduce home colling costs, and remove air pollutants. The following landscape guidelines are required for the Master Plan:
• To create an urban forest as quickly as possible, fast-growing tree species appropriate to the area and climate shall be used.
• Trees shall be planted as soon as practicable in project phasing to encourage more mature tree growth once buildings are occupied.
• The project should have a consistent plant palette, though variations may occur from street to street.
• Streets, promenades, public plazas, and smaller open spaces should have distinctive planting and landscaping treatments, making them unique and enjoyable pedestrian experiences.
• Plants are selected for specific purposes to enhance the project experience. • Plant and material selection along circulation routes are used to identify distinct districts within the overall project.
• Streets designated as “Enhanced Parkways’ on Figure 3.2: Open Space/Parks shall include a double-row planting of trees where the trees are planted at an average of least 20 feet on center. This requirement does not include intersecting streets or driveways. Special exceptions may be made for portions of the right-of-way that include utilities that preclude the planting of trees and for visibility of non-residential buildings.
• Surface parking lots shall have a minimum 6-foot wide landscape buffer from all street rights of way, measured from property line. Curbs and parking overhangs may be included within this required buffer.
• Where pedestrian circulation crosses a vehicular travel zone, a change in material, color, or grade is required.
• Landscape must permit adequate sight distance for vehicular and nonvehicular circulation. • All new landscape areas must have irrigation installed.

No plants from the California Invasive Plant Council List shall be planted. 1968 2414
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2.2.4 Landscaping
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2.2.5 Public Spaces
Public spaces bring people together and allow for
community events such as concerts, markets,
exhibits, and celebrations.
• Public spaces reflect the needs of the
community and project.
• Furniture, signage, paving materials and
patterns, colors, landscaping, and other
design features of the public space are used
to create a sense of place and purpose.
• Surrounding buildings and uses are designed
to interact with the public space and viceversa.
• Common outdoor open space in the form of
a pocket park, plaza, courtyard, garden,
play area or outdoor amenity should be
provided. Common outdoor open space
must have a minimum dimension of 15 feet
in all directions.
• In the Downtown District, the sidewalk along
the designated pedestrian corridor shall
have a minimum clear width of 10 feet
(illustrated below). The sidewalk may
incorporate pedestrian-friendly amenities
such as tables and chairs and outdoor
seating, but these elements shall be located
outside of the 10-foot clear dimension.
•
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2.2.5 Public Spaces
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2.2.6 Buffers & Adjacencies
The need to create buffers and address adjacencies between uses also provides an opportunity for continuation of the project theme and elevation of the quality of development.
• Freestanding and retaining walls shall have a minimum 30-inch planter on each exposed side of the wall to allow for the planting of shrubs, flowers, and/or groundcovers to help conceal the wall. Private yards for single-family and multifamily dwellings, open fencing (e.g. tubular steel), and enclosed private areas (e.g. pool deck) are not subject to this guideline.
• Landscaping shall be used as a transition between public and private space. • Planters matching the theme of the project and planted with colorful flowers are used to separate vehicle and foot traffic and add to visual appeal of the project.
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2.2.6 Buffers & Adjacencies
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2.2.7 Screens, Fences, & Walls
Screens, fences, and walls act as buffers between land
uses, distinguish private space from public space and
provide privacy.
• Fences and walls incorporate the project theme
and add to the overall visual continuity of the
project.
• Landscaping is effectively employed to screen
undesirable uses from sight.
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2.2.7 Screens, Fences, & Walls
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2.2.8 Street Furnishings
Street furnishings shall reflect and complement the
overall character of the project and provide consistency between distinct districts, creating an enjoyable and
memorable experience.
• Benches and other features are designed to
reflect the project theme.
• Tree grates and other project features
incorporate the project logo.
• Trash receptacles, newspaper kiosks, light fixtures
all feature similar design aesthetic and accent
details.
• Bicycle racks are designed for form and function.
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2.2.8 Street Furnishings
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2.2.9 Thematic Features
Thematic elements incorporated into various design features have a significant impact on establishing a sense of place and identity for a project. • Project logo may be incorporated into street furnishings, walkways, and signage. • Artwork/mural on walls within the Downtown District is allowed. Utility boxes may be wrapped with art to provide visual interest on utilitarian infrastructure and may be permitted throughout the entire Master Plan area. • Material selection and special paving patterns for public spaces shall continue the project theme.
• Project themes are incorporated into building design to reinforce project identity. 1978 2424
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2.2.9 Thematic Features
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2.2.10 Signage
Signage plays a significant role in the visual quality of a community. Signs announce one’s arrival at a distinct location, direct the flow of traffic, and provide information to the community through a variety of sign types, which are coordinated around a common theme.

General Signage Guidelines
• Signs shall be limited to a maximum of three (3) colors unless the use of corporate color schemes or logos dictates the use of more than three (3) colors. There should be a significant contrast between lettering colors and background colors for legibility.
• Signs for the Downtown District shall be enhanced, including halo-lit, reverse halo-lit, externally illuminated, non-illuminated, or other acceptable “highquality” design acceptable to the City and approved through a comprehensive sign program.
• Sign conduits, transformers, junction boxes, etc. must be concealed from view. • No sign shall be placed in such a manner that visibility of signs on an adjacent property is obscured.
• Signs should not extend above the eave line or parapet of the buildings on which they are located, except where such signs form an integral part of the building.
• Select sign colors and materials that contribute to legibility and design integrity. • The sign copy shall be appropriately sized for the sign structure or wall. Signs should not be too large to overwhelm the elevation, nor should they be too small to be illegible. Sign shall not be more than 80 percent of the width of the unit frontage to which is attached.
• The sign structure shall be consistent with the architectural style of the building that it is placed on or close to.
• Signage may move or rotate, but the mechanism for moving or rotating shall not be visible.
• The use of propellors, flags, or noise-creating devices as part of a permanent sign shall not be allowed.
• The use of light-reflecting materials, messages appearing for less than 30 seconds, or flashing/moving lights is prohibited.

Major and Minor Tenant Identification
The purpose of these signs is to identify major and minor tenants within the Master Plan area. There are typically three (3) different types of signs utilized for tenant identification:
• Monument sigs.
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• Walls signs.
• Projecting signs.

Monument Sign Guidelines
• Use a consistent color scheme and design on all free-standing signs within the Downtown District.
• Signs shall be constructed of permanent, durable materials. • Monument signs should be designed with the width of the base of the sign equal to or more than the width of the sign face.
• Plastic is prohibited except for use for the sign copy. Exterior grade acrylic (e.g. plexiglass) is acceptable.

Wall and Projecting Sign Guidelines
• Locate signs as close to the customer entrance as possible. • Raceways and sign supports shall not be visible.
• Internally illuminated box signs and banners used as permanent signs are prohibited.
• Projecting signs shall be placed perpendicular to the building wall and should not extend above building eave of a sloped roof or highest point on a flat roof. • Projecting signs shall be attached to the building fascia or canopy with an attractive and decorative support.
• Exterior signs shall be constructed of permanent and durable materials. • Creative signage designs and techniques are encouraged.

Changeable Signage
The purpose of changeable signage is to create excitement and provide a visually interesting commercial area. Two (2) styles of this signage used in within the Downtown District to achieve this goal are “pageantry” and “marquee signs.” Pageantry
Pageantry includes flags, pole-mounted banners, kiosks, canopies, lights, directories, ground-mounted graphics, wrapped utility boxes, or other similar, temporary or permanent (but changeable) elements. The intent is to allow regular changes to the pageantry elements in terms of color, design, and other visual content so the pageantry signage can always look current. The intent of pageantry is to help advertise for special events such as fairs, public gatherings, concerts in the park, farmer’s markets, etc. and to allow for a variety of different methods to advertise community events within the plan area.

Guidelines for pageantry include:
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• Pageantry may be located in any portion of the Downtown District. Pageantry may be placed on street lights and over the public rights-of-way, provided applicable permits have been obtained from Public Works. • Air-inflated signs, moving signs, paper, cardboard, Styrofoam, stickers, and decals are not acceptable forms of pageantry (directories and kiosks excepted). • Pageantry shall not include flashing, flickering, rotating, or moving lights. • Temporary promotional advertising (banners) is not considered to be pageantry. • Kiosks and directories should provide vertical breaks in the sign structure. • Individual panels shall be recessed, framed, or treated to avoid a flat appearance of the sign face.

Marquee Signs
Marquee signs are typically used to provide information about current showings or events for theaters and live entertainment uses. Guidelines for marquee signs include:
• Marquee signs may project or be integrated into the building to promote enhanced articulation.
• Plain, rectangular marquee signs without any articulation are discouraged.
• Marquee signs may be manual or electronic.
• Marquee signs may include advertisements.

Directional Signage
The purpose of directional signage is to direct the flow of vehicular and pedestrian traffic within the Mixed-Use District.

Directional and Wayfinding Signs
Directional and wayfinding signs are typically horizontal signs with tenant names and directional arrows. Guidelines for directional/wayfinding signs include:
• Directional and information signs shall be attractive, clear, and consistent in theme, location, and design.
• Place directional signs at strategic locations throughout the Downtown district, providing directions to key destinations and facilities such as parking facilities for automobiles and bicycles, transit stops, and walking and bicycling routes to nearby parks, plazas, neighborhoods, shopping, civic and other destinations. • The project name may be located on the sign in a smaller, more understated manner to not detract from the wayfinding.
• Directional and signs with exposed Unistrut supports shall be avoided. • The placement of directional signs shall not limit sight lines. 1982 2428
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• Wayfinding signs may be co-located with other streetscape furniture in the Downtown district, such as light standards and transit shelters, where possible, to enhance visibility and reduce visual clutter in the public realm. • Provide consistency between wayfinding/information signs and street furniture throughout the Downtown district. This can include customized poles and mounts for regulatory signs and lighting fixtures, and an area logo, font, and color scheme.
• Elements such as pole banners or decorative paving elements can serve as public art, branding, and wayfinding.

Temporary Signage
The purpose of temporary signage is to inform the public of a special event of limited duration, such as a grand opening. The duration and requirements for Temporary Signs shall adhere to the provisions within Section 5.7 of the EMC. The guidelines below apply to temporary signage:
• Temporary signage should not be affixed onto the roof of a building, a window or landscape area.
• Temporary signage material should consist of vinyl, nylon, canvas, or cloth. • Temporary signage should be well maintained.
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3 LAND USE PROGRAM

3.1. INTRODUCTION
On December 13, 2017, the City of Eastvale City Council adopted a General Plan Amendment to change the land use designation for the Leal Property from Business Park, High Density Residential, and Medium Density Residential to “Leal Property” or as shown on the General Plan Land Use Map, the “Leal Policy Area.” As part of this General Plan Amendment, the City Council adopted Policy LU-8.1, which is a land use table that specifies permitted land uses and development intensities. This chapter further describes the land use program for the Leal Master Plan and its consistency with General Plan Policy LU-8.1. The land use program establishes the types and intensity of development allowed within the Leal Master Plan. A land use map specifying locations for these uses is provided in Figure 3.1, Land Use Plan. Access roads showing in the Land Use Plan are described in Section 2.2.2, Circulation Plan.

Concurrent with the City Council’s adoption of a General Plan Amendment in 2017 for the Leal Property, the City Council certified an Environmental Impact Report (EIR) (State Clearinghouse No. 2015031028). The adoption of this Master Plan Amendment was accompanied by an Addendum to the Leal Master Plan EIR, which provides further detailed environmental review of the land use program. The environmental analysis presented in the Addendum to the Leal Master Plan EIR determined that to avoid new or more severe significant impacts, the maximum development intensity on the Leal Property is 2,500 residential units and 595,000 square feet of general commercial, office, and civic center uses. Since that land use limitation has been established by the environmental analysis, this Master Plan Amendment incorporates that limitation as the maximum permitted land use intensities.
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Figure 3.1: Land Use Plan
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3.2. LAND USE TYPES AND DEVELOPMENT POTENTIALS
The City of Eastvale General Plan Policy LU-8.1 references a land use table that has been summarized as follows:

Table 3-1:General Plan Land Use Table
Land Use Type
Minimum/
Maximum
Permitted
Details
Lifestyle Center 325,000 SF to 1,300,000
SF
Standard and mixed-use
retail
General Commercial Up to 225,000 SF “Big Box” Retail
Commercial Office Up to 920,000 SF
No Minimum
Hotel Up to 450 rooms
No Minimum
Permitted in Lifestyle and
General Commercial
Civic Center Not Specified Permitted anywhere on
Project
Residential Medium Density
(14 – 21 du/ac)
No Minimum
No Maximum
Single Family Attached,
condominiums,
townhomes,
Residential High Density (22 –
40 du/ac)
Minimum 500 du
Maximum 660 du
Townhomes,
condominiums, stacked
flats, and apartments
This land use table was incorporated into the General Plan as a general guide to the development of the Leal Property, recognizing that further development planning and detail would occur subsequent to the General Plan Amendment. The Leal Master Plan Amendment provides the next stage in refinement of the development plan and thus refines the proposed land use mix of uses and intensities.

General Plan Policy LU-8.1 includes two residential land use categories, Medium-Density and High-Density. The two residential land use types include density ranges provided in dwelling units per acre and a general description of the types of residential products associated with each residential category.

The Leal Master Plan Amendment distinguishes between the two residential densities by location. The High-Density Residential is located within the Downtown area and consists of either vertical or horizontal mixed use, and primarily consisting of apartments1. Within the approximately 52-acre Downtown, residential uses could occur on approximately 21 acres2. The maximum of 660 dwelling units planned within the approximately 21 acres 1 The Leal Master Plan does not regulate ownership of residential units, therefore, there are no limitations on the number of rental or owned units.
2 The residential acreage within the downtown includes the aggregate of Planning Areas 2, 4, and 10. 1988 2434
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where residential is permitted represents a density of approximately 31.0 dwelling units per acre, consistent with the High-Density residential category within the General Plan.

The remaining 1,840 dwelling units allowed on the project site would occur over approximately 87.54 acres3. This represents a density of approximately 21 dwelling units per acre, which is within the Medium-Density category.

As shown in Figure 3-1, the project site has been organized into different Planning Areas.

The Planning Areas represent specific development areas that would be developed either with commercial, residential or mixed-use developments. Other planning areas have been designed for parks and open space and others for right-of-way. Table 3-2, Land Use Summary by Planning Area, shows detailed information for each planning area within the Leal Master Plan area, including land use category and acreages.

Table 3-2:Land Use Summary by Planning Area
Planning Area
(PA)
Land Use
Category
Approximate
Area (AC)
Minimum
Intensity
DU/AC or

SQFT/FAR
Maximum
Intensity
DU/AC or

SQFT/FAR
2 Mixed Use4 12.6
660 DU5
102,575 sqft6
660 DUs7
Max 40
du/ac
No Max sqft
4 Mixed Use 6.5
5 Commercial Core 4.6
10 Mixed Use 4.5
3 Commercial Core 9.8 None None
1 Residential 7.3
3 The residential acreage within the Medium Density category includes the aggregate of Planning Areas 1, 6, 7, 8, 9, 11, 12, 13, K, and L. The two parks are included in this acreage calculation because they serve those residential planning areas.
4 Subsurface detention and water quality features may be located in Planning Area 2 or Planning Area 1, or a combination of both.
5 A minimum density of 660 dwelling units is required within the Mixed Use portion of the Downtown, which equals over approximately 21 acres. The dwelling units may be allocated evenly across each planning area or clustered in one or more planning area provided the net density of any individual project does not exceed 40 dwelling units per acre. Net density is calculated by the number of dwelling units applied to only the acreage of the development less any streets, roads, parks, trails, or common open space. 6 A minimum FAR of 0.10 is applied to Planning Areas 2, 4, and 10, resulting in a minimum requirement of approximately 102,575 square feet. The minimum square footage requirement is approximate based on project site design and for purposes of calculating the minimum square footage per this section including Table3-1, square footage is calculated based on the gross size of the building, including storage, stairwells, mechanical rooms, etc.

The City may administratively reduce this minimum square footage requirement without the need for a Master Plan amendment if the City decides it would like additional commercial square footage under the 595,000 square foot cap on Lot 3 or if specific building design and/or site use warrants less square footage. 7 A maximum of 660 dwelling units is permitted in the Downtown area for consistency with the General Plan, since General Plan density is calculated by the total number of units applied to the approximately 21 acres of Mixed Use residential area.
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Planning Area
(PA)
Land Use
Category
Approximate
Area (AC)
Minimum
Intensity
DU/AC or

SQFT/FAR
Maximum
Intensity
DU/AC or

SQFT/FAR
6 Residential 5.6 20 du/ac8 1840 DUs
Max 40
du/ac9
7 Residential 14.1
8 Residential 3.9
9 Residential 4.4
11 Residential 16.6
12 Residential 17.3
13 Residential 13.2
14 Public Facility 1.2 0.6
A - D Right-of-Way 9.4 N/A
E - I Internal Streets 13.5 N/A
J-V Parks and Trails 14.1 N/A
Total 158.59
Maximum Development Intensity10 2,500 DU 595,000

3.2.1. Downtown (DT)
The Downtown District (DT) land use category accommodates a mix of residential uses, commercial and office uses such as retail and restaurants, general commercial and commercial office, civic center, and residential. The vision for a lifestyle center included in the City’s General Plan occurs within the Downtown District. The DT category applies to approximately 52 gross acres within planning areas 2, 3, 4, 5 and 10 located to the northwest of the Limonite Avenue/Hammer Avenue intersection, in the southeast corner of the Master Plan area. The Master Plan provides for up to 595,000 square feet of commercial, office and civic uses, under the DT land use category. Approximately 21 acres within the DT area can accommodate residential uses. A minimum of 660 dwelling units is required. The 8 Within the 87.54 acres of Residential Uses (Planning Areas 1, 6, 7, 8, 9, 11, 12, 13, K, and L), a minimum of 730 dwelling units shall be constructed at a minimum net density of 20 dwelling units per acre. The dwelling units may be allocated within one or more planning areas provided the net density of any individual project does not exceed 40 dwelling units per acre. Net density is calculated by the number of dwelling units applied to only the acreage of the development less any streets, roads, parks, trails, or common open space. 9 A maximum of 1840 dwelling units is permitted in the Residential Uses area for consistency with the General Plan, since General Plan density is calculated by the total number of units applied to the 87.54 acres of Residential Uses area.
10 Maximum development intensity was determined through the Leal Master Plan EIR and Leal Master Plan EIR Addendum.
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dwelling units may be allocated within one or more planning areas provided the net density of any individual project does not exceed 40 dwelling units per acre.

3.2.2. Residential Uses (RU)
The Residential Uses (RU) land use category applies to planning areas 1, 6, 7, 8, 9, 11, 12 and 13. The Master Plan envisions variation in product types, including both detached and attached residential housing types, within the residential category to promote diversity and dynamic neighborhoods. The appropriate residential product types are discussed in Chapter 4, Development Standards. Within the

87.54 acres of Residential Uses (Planning Areas 1, 6, 7, 8, 9, 11, 12, 13, K, and L), a minimum of 730 dwelling units shall be constructed at a minimum net density of 20 dwelling units per acre. The dwelling units may be allocated within one or more planning areas provided the net density of any individual project does not exceed 40 dwelling units per acre. Net density is calculated by the number of dwelling units applied to only the acreage of the development less any streets, roads, parks, trails, or common open space. A maximum of 1,840 dwelling units11 is permitted in the Residential Uses area for consistency with the General Plan, since General Plan density is calculated by the total number of units over the 87.54 acres of Residential Uses area.

3.2.3. Public Facilities (PF)
The Public Facility (PF) land use category applies to a 1.2-acre area within planning area 14 located at northwest corner of the Master Plan area. The PF land use designation provides for the development of a fire station.

3.2.4. Parks and Open Space (P/OS)
The Master Plan also provides for compatible recreational uses serving the needs of the residents, such as paseo, parks, recreation facilities and open space, as shown in Figure 3.2, Open Space/Parks Plan, which totals approximately 14.12 acres.
11 The maximum number of dwelling units of 2,500 was determined by the Addendum to the Master Plan EIR to avoid new or more severe significant impacts. Assuming 660 units are constructed in the DT area, the remaining 1,840 units may be constructed in the RU area.
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Figure 3.2: Open Space/Parks
Illustrative purpose only, final design may vary.
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3.3. PERMITTED USES

3.3.1. Permitted Uses by Land Use Category
Permitted uses within the Leal Master Plan area are identified on Table 3-3, Permitted Uses. Other use or activity not listed in Table 3-3 may be permitted within the Master Plan area if it is compatible with the intent of the Master Plan and is similar to a permitted use, subject to approval by the Community Development Director or his/her designee.

Table 3-3:Permitted Uses
Permitted (P): Permitted by right
Conditional (C): Permitted upon issuance of a Conditional Use Permit Not Permitted (blank): Not permitted
Temporary Use (T): Permitted short-term activities

LAND USE RU DT PF P/OS
Agricultural Workers Housing
Bungalow Courts P
Caretakers Unit P
Congregate Care Facilities (7 or more persons) P P
Dwelling, Multiple Family2 P P1
Dwelling, Second Unit2 P P1
Dwelling, Single Family2 P P1
Dwelling, Two Family2 P P1
Emergency Shelters
Family Day Care, Large P P
Family Day Care, Small P P
Group Homes (6 or fewer persons) P P
Home Occupations P P
Live-Work Units, subject to Section 3.4.2.2 of the
Leal Master Plan P
Planned Residential Developments P P P P
Restricted Single-Family Residential Subdivisions P P P P Senior Housing P P P P
Banks and Financial Institutions P
Barber and Beauty Shops P
Bars and Cocktail Lounges C
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LAND USE RU DT PF P/OS
Boutique Wine and Beer Stores (Type 20 ABC
Licenses), per Section 3.3.2.5 of the Leal Master
Plan
P
Breweries, Wine Blending Businesses, and
Distilleries (without a tasting room), subject to
Section 3.3.2.4 of the Leal Master Plan
Breweries, Wine Blending Businesses, and
Distilleries (with a tasting room), less than 1,000
square feet subject to Section 3.3.2.4 of the Leal
Master Plan
P
Breweries, Wine Blending Businesses, and
Distilleries (with a tasting room), greater than
1,000 square feet subject to Section 3.3.2.4 of
the Leal Master Plan
C
Cigar, Cigarette and Tobacco Sales
Cigar, Hookah, and Cigarette Lounges
Clinics/Office, including Medical, Dental,
Chiropractic P
Day Care Centers
Department Stores
Drive-In or Drive-Through Operations or Facilities
(any use)
Farmers Markets, Carnivals, and other similar
temporary events, subject to Eastvale Zoning
Code Section 1.5.G, Temporary Events and
Permits
T
Fortune-Telling, Spiritualism, or Similar Activity
Grocery Stores/Market/Specialty Food Stores P
Hardware and Home Improvement Centers
Hotels C
Liquor Stores (Type 21 ABC Licenses), subject to
Section 3.3.2.5 of the Leal Master Plan
Massage Parlors, Turkish Baths, or similar personal
service establishments
Medical Marijuana Dispensary
Motels
Nurseries and Garden Supply Stores
Outdoor Kiosks and Vendor Carts C
Religious Institutions C C C C
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LAND USE RU DT PF P/OS
Restaurants and other eating establishments,
including fast food restaurants and sandwich
shops (excluding drive-through uses), without
alcoholic beverage consumption
P
Restaurants and other eating establishments
with alcoholic beverage consumption (Types 41
and 47 ABC Licenses), subject to Section 3.4.2.3
of the Leal Master Plan
C
Retail Sales and Services, <30,001 sq. ft. P
Retail Sales and Services, >30,000 sq. ft.

Schools, Business and Professional, including Art,
Barber, Beauty, Dance, Drama, Music and
Swimming
P
Swap Meets
Tattoo Parlors
Theaters, not including Drive-Ins
Tourist Information Centers
Wedding Chapels
Animal Hospitals
Animal Training
Apiaries
Aquaculture
Auction Houses
Automobile Parts and Supply Stores
Automobile Service and Repair
Bail Bonds/Pawnshops
Blueprint and Duplicating Services
Boat and other Marine Sales and Rental
Boat Services
Body and Fender Shops and Spray Painting
Building Materials Sales Yards
Building Movers Storage Yard
Car Washes
Casinos, including Card Clubs/Rooms
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LAND USE RU DT PF P/OS
Check-Cashing and Payday Advance
Discount Stores (i.e., 99 Cents Only Store, Dollar
General, Dollar Tree, etc.)
Employment Agencies
Equipment Rental Services
Equipment Sales and Storage
Feed and Grain Sales
Gasoline Service Stations, with or without the
concurrent sale of beer and wine for offpremises consumption Golf Cart Sales and Service
Golf Courses, not including the construction of
buildings
Laboratories, Film, Dental, Medical, Research, or
Testing
Liquid Petroleum Service Stations
Lumber Yards, including only incidental mill work
Meteorological Towers
Mini Storage
Mobile Home Sales and Storage, Trailer Sales
and Rental House Trailers
Mobile Home Sales Lot
Parcel Delivery Services
Petroleum and Bulk Fuel Storage, above ground
Printers or Publishers
Professional Offices P
Real Estate Offices, Temporary P P P P
Sale, Rental, Repair, or Demonstration of
Motorcycles, Scooters, and Motorbikes
Sex-oriented Businesses
Stations, Bus and Taxi
Tire Recapping
Tire Sales and Service, not including recapping
Trailer and Boat Storage
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LAND USE RU DT PF P/OS
Travel Trailers and Recreational Vehicle Sales
and Service
Truck and Trailer Sales and Rental
Truck Service
Airports
Ambulance Services
Cemeteries, Crematories and Mausoleums
Communications and Microwave Installations
Fire and Police Stations P P
Hazardous Waste Facilities
Heliports
Hospitals
Mortuaries
Public Infrastructure Facilities, including, but not
limited to, drainage, water quality and flood
control facilities and public communications
facilities

P P P P
Public Utility Substations and Storage Yards
Sewage Treatment Plants
Art Gallery, Library, Reading Room, Museum P
Community Auction and Sales Yards P
Fraternity and Sorority Houses
Indoor Amusement/Entertainment Facility:

Establishments providing indoor amusement and
entertainment services as primary uses for a fee
or admission charge, including dance halls,
ballrooms, electronic game arcades, dance
classes, karate, yoga, etc.

C
Establishments with four or more electronic
games or coin-operated amusements, or where
50 percent or more of the floor area is occupied
by amusement devices, are considered an
electronic game arcade as described above;
three or fewer machines are not considered a
land use separate from the primary use of the
site.

C
Indoor Fitness and Sports Facility:

Predominantly participant sports and health
activities conducted entirely within an enclosed
building. Typical uses include bowling alleys,
C
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LAND USE RU DT PF P/OS
billiard parlors, ice/roller skating rinks, indoor
racquetball courts, indoor climbing facilities,
soccer areas, athletic clubs, and health clubs.

Outdoor Commercial Recreation:

Facility for various outdoor participant sports
and types of recreation where a fee is charged
for use (e.g., amphitheaters, amusement and
theme parks, golf driving ranges, health and
athletic clubs with outdoor facilities, miniature
golf
courses, skateboard parks, stadiums and
coliseums, swim and tennis clubs, water slides,
zoos)
C P
Private Recreation or Event Facilities P
Public Recreation, Nonprofit Community Centers
and Clubhouses, Social Halls, Parks, Playgrounds,
Community Recreation Facilities, Plazas, Trails
and Paseos, Community Gardens, Open Space
and other similar recreational uses
P
Recycling Collection Facilities
Schools, Private C
Note 1: Residential uses, including live-work, are not allowed in the Planning Area 3 and 5 in Downtown (DT), except as outlined in the Development Agreement.

Note 2: Residential use types are further defined in Chapter 4.

3.3.2. Standards Related to Specific Uses
The following standards apply to specific uses within the Leal Master Plan. Uses not listed here will be subject to a determination by the Community Development Director.

3.3.2.1. Outdoor Kiosks and Vendor Carts
A. Signage: All signs on outdoor kiosks and vendor carts shall be regulated by Section 4.5, Signage, of this Master Plan.

B. Minor Development Review: Prior to commencement of each outdoor kiosk and vendor cart on public property, the business owner shall obtain approval from the Community Development Director for the size, design, and aesthetic characteristics, to ensure the facility is consistent with the overall characteristic of the development.
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3.3.2.2. Live-Work Units
For live-work development in the Planning Areas 2, 4, and 10, the following commercial/residential activities, conducted wholly within enclosed buildings, shall be permitted, provided the commercial/office uses shall occur in conjunction with residential uses and are not standalone uses:

A. Apparel - custom tailoring and sales of apparel, clothing and other sewing products made on the premises
B. Artists and craft/sculpture products, sales galleries, and studios C. Internet-based commerce (no inventory, no pornography) D. Office - creative/tech-based offices and services
E. Office - professional offices and services
F. Photographer/photography studios
G. Residential uses in conjunction with office, retail or other work-related uses as permitted herein for live-work development
H. Spas and personal care to include esthetician/body sculpting with proof of training, nail salons and hair salons (for single patron use only and subject to Homeowners Association/Property Owners Association approval)
I. Similar uses permitted by the determination of the Community Development Director.

The property development standards set forth below shall apply to all live-work units within the confines of the Leal Master Plan:

A. Live-work units include the combination of residential living units and workspace of a building for self-employed residents. Ground floor residential living may be permitted in live-work units.

B. Where live-work uses are operated, the workspace shall be limited to a maximum of 50 percent of the entire unit (minus porches and garages).

C. The working area of a live-work unit shall be used exclusively for work activities and not for residential purposes.

D. Storage of hazardous materials necessary for work activities in live-work occupancies may be stored in controlled areas per the current California Building Code used by the City of Eastvale.

E. The residential portion of the live-work unit shall only be occupied by the individual and his/her household that has their professional occupation established in the same unit.
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F. Live-work units are single-tenant spaces that include both residential and commercial/office square footage in a single unit providing for a business to be conducted solely by the resident. In no instance shall the work portion of the live-work unit be sub-leased.

G. Noise levels generated by live-work spaces shall conform to the requirements of the Eastvale Municipal Code for residential use.

H. All signage and lighting shall comply with the requirements of the Leal Master Plan and the Eastvale Zoning Code and must be approved the City of Eastvale.

3.3.2.3. Alcohol Sales with a Bona-Fide Eating Establishment The sale of beer, wine, or spirits is permitted as an accessory use for any bona-fide eating establishment under a “Type 41 License” or a “Type 47 License” of the California Department of the Alcoholic Beverage Control (ABC) Board.

In addition to the design guidelines and development standards contained in the Leal Master Plan, the following performance standards shall apply to accessory alcohol sales with a bone-fide eating establishment:

A. Food shall be available for purchase at all times during restaurant operating hours.

B. Alcohol sales shall not exceed 50 percent of gross receipts for the establishment.

C. Any sale of spirits for consumption off-premises is strictly prohibited. The consumption of spirits shall be limited to the restaurant area as defined per applicable license from the ABC Board.

D. Beer and wine may be purchased for off-premises consumption; however, the beer and wine sold for off-premises consumption may not be consumed on the premises that it was purchased on.

3.3.2.4. Breweries, Wine Blending Businesses, and Distilleries Accessory beer, wine, or distilled spirit tastings is permitted within an alcoholic beverage manufacturing facility, provided the area devoted to tastings shall provide parking at the same rate as a restaurant or bar as described in Chapter 4, Table 4-8. The alcohol production area shall provide parking at the same rate as a manufacturing use as described in Chapter 4, Table 4-8. All such uses described within this section shall have an active, valid license from the ABC Board, as applicable.

In addition to the design guidelines and development standards contained in the Leal Master Plan, the following requirements shall apply to craft breweries, wine blending businesses, distilleries, and accessory tasting rooms:
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A. A brewery, wine blending, or distillery use with a tasting room equal to or less than 1,000 square feet shall be permitted by right. An accessory tasting room of more than 1,000 square feet shall be required to apply for a Conditional Use Permit.

B. A brewery, wine blending or distillery use may not exceed production of 15,000 barrels per year.

C. All production activities and on-site storage shall be located completely within the facility. Off-site storage is permitted, provided it meets all applicable provisions of the underlying zone. The display of alcoholic beverages shall be located within the manufacturing area and accessory tasting room facility.

D. The brewery, wine blending, or distillery use and accessory tasting room use shall be allowed to operate and be open to the public during the following hours:
i. Manufacturing and Operation: 7:00 A.M. to 7:00 P.M. Monday through Saturday; and
ii. Accessory Tasting Room Open to the Public: 11:00 A.M. to midnight daily, 11:00 A.M. to 1:00 A.M. on Friday and Saturday.

E. Service trucks used for the purposes of loading and unloading materials, ingredients, products, and equipment shall be restricted to the hours of 7:00 A.M. to 6:00 P.M. Monday through Friday and 9:00 A.M. to 6:00 P.M. on Saturday.

F. The consumption, tasting and sales of alcoholic beverages shall be limited to only those products produced on site.

G. Ancillary retail sales shall be limited to only those retail items directly associated with the on-site facility and accessory tasting room.

H. The brewery, wine blending, or distillery use or accessory tasting room shall not charge an admission fee, cover charge or require a minimum purchase.

I. A security plan, including a video surveillance system and exterior lighting plan, satisfactory to the Community Development Director, or his/her designee, shall be submitted to and approved prior to the issuing of a Certificate of Occupancy. The video surveillance system shall be installed to assist with monitoring the property on both the interior and exterior. A Digital Video Recorder (DVR) or similar video-recording device, capable of exporting images in TIFF, BMP, or JPG format shall be used. Recording shall be retained for no less than 30 days. Exterior lighting shall clearly illuminate the common areas surrounding the building including, but not limited to, the entrance and exit doors, as well as the business address.
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J. No more than 10 percent of the window display area (including any transparent doors) shall be allowed to bear advertising, signs or any other obstructions. All advertising, signage or other obstructions shall be placed and maintained to ensure a clear and unobstructed view of the establishment’s interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above 3 feet or below 6 feet in height of all windows measured from grade.

K. Tours of the brewery, wine blending, or distillery use and accessory tasting room use shall occur on regularly scheduled days and times. The operator shall ensure that tours do not negatively impact adjacent businesses or property owners.

L. The use is not considered a nuisance as defined in the Eastvale Municipal Code;

3.3.2.5. Off-Premises Alcohol Sales
Boutique Wine and Beer Stores may permit the sale of wine and beer for offpremises consumptions under a “Type 20 License” of the ABC Board. General Liquor Stores may permit the sale of general alcohol sales, wine, and beer for offpremises consumptions under a “Type 21 License” of the ABC Board.

In addition to the design guidelines and development standards contained in the Leal Master Plan, the following performance standards shall apply to Boutique Wine and Beer Stores and General Liquor Stores:

A. The use does not result in any adverse effects, jeopardize, or endanger the health, peace, or safety of persons residing, visiting, or working in the surrounding area; The exterior lighting and security measures shall comply with applicable requirements.

B. The use is operated and maintained in a neat, quiet, and orderly condition and operated in a manner so as not to be detrimental to surrounding properties and occupants. This shall encompass the upkeep and maintenance of exterior facades of the building, landscaping, designated parking areas serving the use, fences, and the perimeter of the site, including all public sidewalks, alleys, and parkways; C. The use is not considered a nuisance as defined in the Eastvale Municipal Code;
D. The exterior lighting and security measures shall comply with applicable requirements (including, but not limited to Sections 120.05.050, Outdoor Lighting; 120.05.080, Neighborhood Preservation Standards; 120.05.060, Off-Street Vehicle Parking as applicable)
E. No more than 10 percent of the square footage of the windows and transparent doors of the premises shall be allowed to bear advertising, signs or any other obstructions including products, shelving, display items 2002 2448
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and/or coolers. All advertising, signage, product, shelving, display items and/or coolers shall be placed and maintained to ensure a clear and unobstructed view of the establishment’s interior. Window signs displaying prices shall be prohibited. No advertising or signage shall be placed in the area above 3 feet or below six (6) feet in height of all windows measured from grade.

F. A copy of these performance standards, additional City or ABC Board imposed operating conditions, and a 24-hour complaint telephone number shall be posted in a conspicuous and unobstructed place visible from the entrance of the establishment in public view. 2003 2449
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4 DEVELOPMENT STANDARDS
This chapter contains the permitted uses and development standards for the Leal Master Plan. Standards not addressed in this chapter are subject to the City of Eastvale Municipal Code in effect at the time of approval of this Master Plan. Additionally, in order to be approved by the City, development will need to comply with the quality expectations and community features identified in Chapter 2 of this Master Plan.

4.1. DEVELOPMENT STANDARDS

4.1.1. Downtown Development Standards
The Downtown (DT) District is envisioned to be the focal point in the City. The intent is to develop an open-air marketplace for retail and specialty uses that are not currently present in Eastvale and in nearby communities (including Live/Work units).

The mix of uses may be horizontal (different uses within a Planning Area separated horizontally) or vertical (different uses within the same building, with commercial or office uses located on the ground floor and with office or residential uses located above). The residential component of this land use district is intended to provide for the development of multi-family residential dwellings in an urban atmosphere.

Minimum and maximum development intensities and densities are outlined in Chapter 3 of this Master Plan.

DT District includes planning areas 2, 3, 4, 5 and 10.

Table 4-1 establishes the development standards for the Downtown District. A conceptual plotting example illustrating the setback requirements is shown in Figure 4.1.

Residential uses within the Downtown District are subject to the development standards provided in Table 4-1. Where Table 4-1 is silent on a development standard, the development standards presented later in this chapter for specific product types would apply for the project type proposed. If there is a conflict in development standards between Table 4-1 and the development standards for product types, Table 4-1 shall govern.
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Table 4-1:Downtown Development Standards

RESIDENTIAL

BUILDINGS

NON-RESIDENTIAL/

MIXED-USE

BUILDINGS
Maximum Site Coverage 75% N/A
Maximum Building Height 65’ (4 stories)
Minimum Building Setbacks From
Hamner Avenue ROW 30’ 30’
Limonite Avenue ROW 30’ 30’
Lot Line Along Internal Street 6’ 6’
Minimum Building Separation
Residential - Front to Front (entries) - at
open space
20’ N/A
Residential - Side to Side (no entries) -
at open space
15’ N/A
Non-Residential/Mixed-Use – Side to
Side
N/A 15’
Figure 4.1 Downtown Setback Diagram
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4.1.2. Residential Development Standards
The development standards and product types included herein are intended to establish the minimum design parameters. An appropriate mix of building types shall be incorporated into the residential land use and mixed-use districts to avoid monotonous neighborhoods.

Table 3-2 within Chapter 3 establishes permitted uses, including Dwelling – Multiple Family, Second Unit, Single Family, and Two-Family. Those permitted residential land use categories are further defined in this Chapter through the following description of residential product types permitted in the Master Plan area.

Development standards for residential uses within the Downtown District are presented above in Table 4-1. Development standards for residential uses within the Residential Uses District (Planning Areas 1, 6, 7, 8, 9, 11, 12 and 13) are presented below by housing type.

Conventional Single Family Detached Homes typically have street front orientation where primary entries and walks face the street or the side, and have private rear and side yards. Garages are in the front or side and face the street. Resident parking spaces are provided in garages and guest parking spaces are provided in driveways or on local streets.

Zero-Lot Line Homes are designed to fit together along a common property line by providing one home with a deeply recessed garage. Reciprocal use easements are used to maximize the side yard areas. Zero-lot line homes typically have street front orientation where primary entries face the street, and have private rear and side yards. Garages with driveways face the street. Resident parking spaces are provided in garages and guest parking spaces are provided in driveways or on local streets.

Rear Loaded Homes have street-facing primary entries and are designed to take garage access from a shared access drive behind the homes. Private yard space is provided in a side yard, a courtyard behind the front portion of the house or behind the house between a detached garage and the home. Resident parking spaces are provided in garages and guest parking spaces are provided in driveways (18’ minimum in length where provided), on the street or in a common parking area. Reciprocal use easements may be used to maximize side yard areas.

Detached Cluster Homes are single-family detached dwellings oriented on a shared access drive. Each cluster module typically consists of 4 to 10 dwelling units.

Resident parking spaces are provided in garages and guest parking spaces are provided on the street or in a common parking area. Reciprocal use easements may be used to maximize side yard areas.

Row Townhomes are single-family attached homes with primary entries facing street or common open space. The units have private outdoor living space.

Automobile access is via an alley or shared access drive. Resident parking spaces 2006 2452
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are provided in garages, and guest parking spaces are provided on public or private local streets or in designated parking areas.

Attached Motorcourt Homes are buildings mixed with townhomes and flats. The entries are from the street or common open space. Automobile access is via an alley or shared access drive. Resident parking spaces are provided in garages, and guest parking spaces are provided on public or private local streets or in designated parking areas.

Apartments/Flats are buildings with either walk-up units or flats in multiple story configurations. The entries can either be external from the street or common open space, or internal and elevator served. Resident parking spaces are provided either in garages, surface parking, or in multiple story parking structures. The units tend to be for rent as opposed to for sale.

Detailed design standards per product types are presented below and shown in Tables 4-2 to 4-7.
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4.1.2.1. Conventional SFD Residential
The development standards provided in Table 4-2 have been established to encourage forward-facing living space. A conceptual plotting example illustrating the setback requirements is shown in Figure 4.3. These standards allow for the placement of entries, windows, front porches and living spaces closer to the street to provide more active and visually interesting streetscape.

Table 4-2:Conventional SFD Residential Development Standards Conventional SFD Homes
Minimum Lot Size 2,500 sq. ft.

Minimum Lot Width1 40’
Maximum Building Coverage 70%
Maximum Building Height 50’ (3 stories)
Minimum Front Setback (from Property Line)
Living Space 8’ (15’ at the corner lots)
Porch, Courtyard or Balcony 4’
Front Entry Garage 18’ (full driveway)/
2’-5’ (no full driveway)
Minimum Side Setback (from Property Line)
Interior Side 4’
Internal Street Right-of-Way Side 6’
Minimum Rear Setback (from Property Line)
Living Space 10’
Patio Cover, Balcony or Deck 3’
1 The minimum lot width for knuckle and cul-de-sac lots shall be the average of the widths measured at the front and rear edges of the lot
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Figure 4.3 Conventional SFD Residential Setback Diagram 2009 2455
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4.1.2.2. Zero-Lot Line and Rear Loaded SFD Residential
Table 4-3 establishes the development standards for front loaded zero-lot line and rear loaded SFD residential development. A conceptual plotting example illustrating the setback requirements is shown in Figure 4.4. Note: Zero-Lot Line Homes may be front or rear loaded. In the event that a rear-loaded Zero-Lot Line Home is proposed, the Rear-Loaded Homes standards shall apply (with a maintenance easement for the side yard).

Table 4-3:Zero-Lot & Rear Loaded SFD Residential Development Standards Zero-Lot Line
Homes
Rear Loaded
Homes
Minimum Lot Size 2,500 sq. ft. 2,000 sq. ft.

Maximum Building Height 50’ (3 stories) 50’ (3 stories) Maximum Building Coverage 70% 70%
Minimum Front Setback (from Property Line)
Living Space 6’ 6’
Porch, Courtyard or Balcony 4’ 4’
Front Entry Garage 18’ (full
driveway/2’- 5’)
N/A
Minimum Side Setback (from Property Line)
Interior Side (one side/between
buildings)
3’/6’ 3’/6’
Internal Street Right-of-Way
Side
6’ 6’
Minimum Rear Setback (from Property Line)
Living Space 5’ 5’
Patio Cover, Balcony or Deck 3’ 3’
Rear Entry Garage Setback (from
Access Drive)
N/A 3’ to 8’ or 18’ min.
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Figure 4.4 Front Loaded Zero-Lot & Rear Loaded SFD Residential Setback Diagrams
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4.1.2.3. Detached Cluster Residential Development
Table 4-4 establishes the development standards for detached cluster residential development. A conceptual plotting example illustrating the setback requirements is shown in Figure 4.5.

Table 4-4:Detached Cluster Home Development Standards
Front-Loaded
Cluster Homes
Rear-Loaded
Cluster Homes
Minimum Lot Size 1,500 sq. ft. (or
Condo Map)
1,500 sq. ft. (or
Condo Map)
Maximum Building Height 50’ (3 stories) 50’ (3 stories) Maximum Building Coverage 70% 70%
Minimum Front Setback
Living Space from Internal
Street Right-of-Way
6’ 6’
Living Space from Access
Drive
4’ N/A
Living Space from Paseo
Walkway
N/A 10’
Minimum Side Setback
Interior Side (one
side/between buildings)
3’-3”/6’-6” 3’-3”/6’-6”
Internal Street Side (from
internal street right-of-way)
6’ 6’
Minimum Rear Setback (from Lot Line)
Living Space 4’ 4’
Patio Cover, Balcony or Deck 3’ N/A
Garage Face from Access Drive 3’ to 8’ or 18’ min. 3’ to 8’ or 18’ min. 2012 2458
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Figure 4.5 Detached Cluster Home Setback Diagram
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4.1.2.4. Row Townhomes
Table 4-5 establishes the development standards for row townhomes. A conceptual plotting example illustrating the setback requirements is shown in Figure 4.6.

Table 4-5:Row Townhome Development Standards
Row Townhomes
Minimum Parcel Size 1 ac
Maximum Site Coverage N/A
Maximum Building Height 50’ (3 stories)
Minimum Front Setback (from Internal Street Right-of-Way) Front Living Space 10’
Porch, Courtyard or Balcony 4’
Minimum Side Setback (from Internal Street Right-of-Way) Street Side 6’
Minimum Building Separation
Living Space 8’
Patio Cover, Balcony or Deck 3’
Front to Front (entries) - at open
space
20’
Side to Side with entries 20’
Garage Door to Garage Door at
Alley
28’
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Figure 4.6 Row Townhome Setback Diagram
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4.1.2.5. Attached Motorcourt Homes
Table 4-6 establishes the development standards for attached motorcourt homes.

A conceptual plotting example illustrating the setback requirements is shown in Figure 4.7.

Table 4-6:Attached Motorcourt Home Development Standards Attached Motorcourt Homes
Maximum Site Coverage 75%
Maximum Building Height 50’ (3 stories)
Minimum Front Setback (from Internal Street Right-of-Way) Front Living Space 10’
Porch, Courtyard or Balcony 3’
Minimum Side Setback (from Internal Street Right-of-Way) Street Side 6’
Minimum Building Separation
Front to Front (entries) - at open
space
20’
Side to Side (entries) 20’
Side to Side (no entries) 10’
Garage Door to Garage Door at
Alley
28’
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Figure 4.7 Attached Motorcourt Home Setback Diagram
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Apartments/Flats
Table 4-7 establishes the development standards for residential apartments/flats.

A conceptual plotting example illustrating the setback requirements is shown in Figure 4.8.

Table 4-7:Apartments/Flats Development Standards
Apartments/Flats
Maximum Site Coverage 75%
Maximum Building Height 65’ (4 stories)
Minimum Front Setback (from Internal Street Right-of-Way) Front Living Space 10’
Porch, Courtyard or Balcony 3’
Minimum Side Setback (from Internal Street Right-of-Way) Living Space 10’
Porch, Courtyard or Balcony 5’
Minimum Building Separation
Front to Front (entries) - at open
space
20’
Side to Side (no entries) - at open
space
15’
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Figure 4.8 Apartments/Flats Setback Diagram
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4.1.3. Public Facility Standards
PA 14 is a public-institutional planning area for a fire station located at the southeast corner of Scholar Avenue and 58th Street.
• Maximum Building Height: None.

4.1.4. Parks and Open Space Standards
The Parks and Open Space (P/OS) District includes Panning Areas J through V.

Planning Areas J, K, and L are parks and Planning Areas M through V are trails and open space areas. Planning Area J (PA J) is a village green located between PA 5 and 3, which could be used for community events, such as concerts, movies, art fairs, farmers markets, etc. Planning Area L (PA L) is adjacent to PA 6 and 8 and planned for a community park. Planning Area K (PA K) is adjacent to PA 7 and 12 and is planned as a private recreation facility for the residents of the Leal Master Plan.
• Parking Area Setback from Internal Backbone Street Right-of-Way: 10’ • Building and Structure Setback from Internal Backbone Street Right-of-Way:
6’
• Maximum Building Height: 40’ (2 stories); 15’ for accessory structure

4.1.5. Allowable Projections and Encroachments
An encroachment is a permitted allowance into a ground-floor or upper-level setback. A projection is an element that is allowed to project above the height limit. In all cases, all encroachments and projections shall comply with the California Building Code (CBC), as well as other applicable codes and regulations such as the American Disability Act. The permitted encroachments and projections are discussed below.

A. Detached accessory buildings, including garages, or parking spaces required in the absence of garages, may occupy not more than 25 percent of a required rear or interior side yard, provided such building is not more than 15 feet in height and the wall of such building or parking space is located not less than 6 feet from the nearest wall of a main building on the same lot or a contiguous lot.

B. A breezeway connecting a main building to another building may be permitted. Such breezeway shall remain open on one side and shall not be considered part of a main building.

C. A covered patio, attached or unattached, which is enclosed on not more than 3 sides may encroach into any setback provided the distance between the property line and the patio at the nearest point is not less than 6 feet.
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D. Eaves, cornices, canopies, belt courses, sills, buttresses, bay windows, planter boxes, light fixtures, or other similar architectural features may encroach into any required setback, provided such extensions shall not be nearer than 2 feet to any property line. Where more than one building is located on the same lot or parcel, such features shall not be nearer than 2 feet to a line midway between the main walls of such buildings. Chimneys and fireplaces may encroach into any setback not more than 2 feet, provided such chimneys or fireplaces shall not be nearer than 3 feet to any property line. Where more than one building is located on the same lot or parcel, such chimneys or fireplaces shall not be nearer than 3 feet to a line midway between the main walls of such buildings.

E. Open, unenclosed stairways or balconies not covered by roofs or canopies may encroach into any setback not more than 3 feet.

F. Uncovered porches, platforms, or landings which do not extend above the level of the first floor of the building may encroach into any setback not more than 6 feet; provided, however, an open-work railing, glass or glass like material, no more than 3 ½ feet in height may be installed or constructed on such porch, platform, or landing.

G. Open-work fences, hedges, guard railings, or other landscaping or architectural devices for safety protection around depressed ramps may encroach into any required setback provided such devices are not more than 3 ½ feet in height.

H. Fences and walls, pursuant to Section 5.3 of the Eastvale Zoning Code.

I. Signs may project and/or encroach into any required setback or public right-of-way, subject to applicable requirements in this Master Plan and the Eastvale Zoning Code.

J. Landscape elements such as benches, fountains, and other decorative features may encroach into any setback, provided they do not obstruct any path of travel or intersection visibility requirements per the Eastvale Zoning Code.

K. Mechanical equipment may encroach into any required setback area up to the property line, provided the equipment is screened by landscape or material (e.g. wall) to the maximum extent feasible and allowed by the applicable utility provider.

L. Stairwells, elevator penthouses, mechanical equipment, and roof attachments such as flagpoles, towers, wireless masts, television antennas, and similar diminutive roof attachments, may project above the height limits set forth within the Leal Master Plan, provided such projections shall not exceed 20 feet above the prescribed height limit.

M. Parapets, security railing, and other appurtenances on a flat roof may project above the height limits set forth within the Leal Master Plan, 2021 2467
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provided such appurtenances shall not exceed forty-two (42) inches above the prescribed height limit.

4.2. COMMUNITY FEATURES STANDARDS
Community features such as entry monuments, parks, and trails are significant components in the Leal Master Plan. The development and design standards for entryway statements shall be consistent with Chapter 2, Project Character, of this Master Plan and the following:

A. Entryways into the Master Plan shall be identified with special gateway treatments to announce arrival into the project area. The minimum sizes of each are shown in the figures below.

B. Entryway feature treatments may include public art and/or special architectural elements such as sculptures, signage, or enhanced landscaping. All entry points shall be defined through the use of landscaping, trees, and/or architectural elements.

C. Entryway statements shall satisfy the design guidelines provided in the Eastvale Design Standards and Guidelines.

D. Entryways should be designed to provide a clear sense of arrival and set the tone for the overall design quality in Eastvale.
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4.3. PARKING

4.3.1. Parking Requirements
Vehicular and bicycle parking shall comply with the parking standards and requirements listed in Table 4-8, Parking Requirements, below.

Table 4-8:Parking Requirements

USE TYPE PARKING REQUIREMENTS
General Commercial/Retail Uses
General Retail including, but
not limited to, neighborhood,
community and regional
shopping centers, including
those with restaurants1
4 spaces/1,000 sq ft. of net leasable floor area,
except where reduced through a shared parking
and/or TDM (see Section 4.3.4)
Professional Business Offices 3 spaces/1,000 sq. ft. of net leasable floor area Breweries, Wine Blending
Businesses and Distilleries
2 spaces/3 employees on the largest shift plus 1
parking space per 100 square feet of tasting area.

Medical Uses
Medical and Dental Offices,
Clinics, and Medical Business
Offices
4 spaces/1,000 sq. ft. of net leasable floor area
Civic Uses
Civic Center, Police Station, Fire
Station and the like
3 spaces/1,000 sq. ft. of net floor area. Areas
devoted to storage, hallways, restrooms, utility
rooms and the like shall not be included within this
calculation.

Residential Uses
Single Family Detached
Residential - Conventional SFD,
Front-loaded Zero-lot Line SFD,
Rear-loaded SFD, and
Detached Cluster Homes
1 space/unit within a garage, 1 open space/unit
within the lot
Attached Residential - Row
Townhomes and Attached
Motorcourt Homes
1-bedroom or studio unit: 1.25 spaces/unit
2-bedroom dwelling unit: 1.5 spaces/unit
3+ bedroom dwelling unit: 2.0 spaces/unit
Attached Residential –
Apartments and Flats,
Residential Units in Mixed-Use
Residential Buildings
1-bedroom or studio unit: 1.25 spaces/unit
2-bedroom dwelling unit: 1.5 spaces/unit
3+ bedroom dwelling unit: 2.0 spaces/unit
1 For designated outdoor dining areas, no parking spaces are required for the first 500 square feet. Any outdoor dining area that is more than 500 square feet in size shall provide 1 space per 100 square feet for the area beyond 500 square feet.
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Parking requirements for uses not indicated in Table 4-8, Parking Requirements, shall be reviewed and approved by the Community Development Director. Uses not specified shall be compared to a similar use or uses that could satisfy the minimum parking demand. When there is no similar use in Table 4-8, Parking Requirements, parking requirements found in Section 5.6 of the Eastvale Zoning Code shall apply or a parking study prepared by a firm acceptable to the Community Development Director shall be submitted that provides justification, and data supporting the proposed minimum parking requirement.

Parking may be shared within the Leal Area Master Plan, with some limitations.

Figure 4.9, Parking Distribution identifies the location of where parking may be shared for residential and commercial uses within the Master Plan area.

Figure 4.9 Parking Distribution
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4.3.2. On-Street Parking
On-street parking spaces immediately adjacent to and on the same side of the street of a property along the internal backbone streets may be counted toward meeting the off-street parking requirement for that property. These spaces may be parallel or angled spaces. With respect to parallel parking spaces that are not marked, each 24-foot length may be counted as one space. No credit is allowed for street frontage where parking is prohibited, such as loading zones and red curb areas.

4.3.3. Tandem Parking
Tandem parking is permitted for both residential and commercial uses within the Leal Master Plan area. Two tandem parking spaces shall have a minimum depth of 36 feet and shall meet the Development Standards for Off-Street Parking Facilities in Section 5.6 of the Eastvale Zoning Code.

4.3.4. Alternative Programs for Parking
Shared parking and other alternative programs for parking may be permitted pursuant to Section 5.6.B of the Eastvale Zoning Code.

A Parking Management Plan/Transportation Demand Management is required for all non-residential uses that increase parking demand by ten (10) parking spaces.

The Parking Management Plan/Transportation Demand Management Plan may reduce the overall parking requirements by up to 25 percent, depending on the findings of said plan. This plan shall include at least the following items:
• Information related to carpooling, van pools and staggered work hours. • Projected effectiveness of carpool, vanpool, staggered work hours or similar transportation programs.
• Proximity to public transportation facilities serving a significant portion of employees and/or customers.
• Shared parking/overlapping parking demands.
• Specific parking management programs increasing parking efficiency, such as valet parking.
• Evidence that employees and/or customers utilize on transportation alternatives on a consistent basis.

4.3.5. Parking Lot Design
The design standards for the parking area shall be consistent with the Eastvale Design Standards and Guidelines and with the following:

A. Parking lots and structures shall be designed to be functionally and visually integrated and connected. Developments on separate parcels shall provide common access and parking areas.
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B. All parking areas shall be screened with landscaping and/or decorative walls from all residential developments and pedestrians along the public right-of-way.

C. Parking lots should be visually separated into smaller units with landscaping or low walls however adjacent parking lots shall be connected for vehicle and pedestrian access.

D. Different landscape design should be used to differentiate major access aisles from the rest of the parking area.

E. Common parking areas shall be landscaped with shade trees to create an attractive pedestrian environment.
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4.4. SIGNAGE
Except as identified in the Leal Master Plan, signage shall conform to the applicable provisions of Eastvale Zoning Code, Section 5.7, Signs.

Downtown District: A comprehensive Sign Program for the DT District identifying the location and design standards of thematic signage elements, including the sign type, size, material, and illumination, shall receive the Community Development Director’s approval prior to the installation of signs. The standards shall include design standards for signs provided in the DT District and a Master Plan Area Map, consistent the signage guidelines included in Section 2.2.10 of the Leal Master Plan.

Residential Use Districts: Signage for the Residential Use (RU) Districts identifying the signage location and design standards, including the sign type, size, material, and illumination, shall receive Community Development Director’s approval prior to the installation of signs.

In addition to the sign types listed in Section 2.2.10, Signage, of the Leal Master Plan, the sign standards for the DT and RU Districts shall also address standards for the following, as applicable:
• Grand opening/coming soon signs for commercial and residential development
• For sale/lease signs for commercial and residential development • Model home signs
• Signs on kiosks

4.4.1. General Sign Standards
The following requirements shall apply to signs within the Leal Master Plan area:

A. All signs and community monumentation in the DT District shall be included as part of an approved Sign Program.

B. Projecting Signs Clearance. A minimum eight (8) feet vertical clearance is required from the bottom of a projecting sign, marquee, blade or awning to the sidewalk or grade immediately below the sign.

C. Moving or Animated Signs. Unless otherwise permitted herein, signs that include, but are not limited to, rotating, flashing, swinging, blinking, strobing, or otherwise changing appearance are prohibited, except for signs that include time and/or temperature that are located at least 100 feet away from a residential land use District. In cases where illuminated signs display temperature and time, said sign shall receive City approval and shall include a mechanism to reduce the brightness of said sign when in proximity to a residential neighborhood. Signs, except for public service time and temperature signs, shall not be flashing, animated, or revolving in nature.
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D. Sign Illumination. All signs may be internally or externally illuminated. All direct light rays from all signs shall be confined onto the site on which the sign is located and shall not shine directly upon neighboring property. All exposed raceways are prohibited. Temporary lighting, such as search or flood lights that are used on a permanent basis, are prohibited.

E. Approval of Sign Modifications. The Planning Commission may grant approval of signs that do not comply with the regulations contained in the Leal Master Plan or in the approved Sign Program.

4.4.2. Changeable Signage
A. Pageantry
Pageantry is allowed in the DT District and includes flags, pole-mounted banners, community banners over the right-of-way, kiosks, canopies, lights, directories, ground-mounted graphics, and other similar temporary or permanent (but changeable) elements. The purpose of changeable pageantry signage is to create excitement and provide a visually interesting commercial area. The intent is to allow regular changes to the pageantry elements in terms of color, design, and other visual content so the pageantry signage can look current. Pageantry signage shall comply with the following:
1) No limit on the number of permitted pageantry signs. Maximum sign area per sign face shall be 24 square feet. Maximum height of the sign shall not exceed 20 feet. Minimum setbacks for the freestanding signs shall be the same as the setbacks established for the DT District.

Banners over or within the public rights-of-way do not have any size limitation, however, applicable permits from Public Works shall be obtained.
2) Pageantry may consist of murals or other decorative graphics for products sold or offered on or off the premises. All pageantry with offpremises signage must be located within the commercial portion of the project and shall be oriented towards internal uses and shall not be readily visible from properties outside of the Master Plan area. 3) Pageantry may be located in any portion of the DT District, except that pageantry shall not be located at least 20 feet from the curved portion of the street corner to maintain visibility for motorists. 4) Air-inflated signs, moving signs, paper, cardboard, freestanding billboards, styrofoam, stickers, and decals are not acceptable forms of pageantry (directories and kiosks excepted).
5) Pageantry shall not include flashing, flickering, rotating, or moving lights.
6) Temporary promotional advertising (banners) is not considered to be pageantry.
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7) Kiosks and directories should provide vertical breaks in the sign structure.
8) Individual panels shall be recessed, framed, or treated to avoid a flat appearance of the sign face.

B. Marquee Signs
The height of manual letters located on a marquee shall be affixed flat to the surface of the sign and shall not have a vertical height of more than 2 feet and shall not extend vertically or horizontally beyond the marquee. An electronic marquee display is permitted, provided that the individual letters shall not have a vertical height of more than 2 feet.

4.4.3. Exempted Signs
The following signs and/or sign structures are exempt from any sign permit requirement as identified in Section 5.7 of the Eastvale Zoning Code; provided, however, that such signs shall comply with all other applicable requirements of the Leal Master Plan and Eastvale Zoning Code.

A. Exempted signs identified in the Eastvale Zoning Code.

B. Temporary contractor’s, future development and building sale signs that comply with the provisions in the Eastvale Zoning Code.

C. Public Notices and Signs. Public notices posted pursuant to law, signs erected by governmental agencies and public utilities and warning or information signs required by law for public health and safety.

D. Copy or Message on Changeable Copy Signs. The changing of advertising copy or message on bulletin boards and pageantry, where the basic board or pageantry is permitted under the provisions of this Master Plan, may be changed digitally or manually.
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4.5. MASTER PLAN AREA MAPS
Large area maps should be placed at the information booths in the Downtown District. These maps could be combined with local area information/history, advertising, events calendars, etc.

4.6. LANDSCAPING
Landscaping within the Leal Master Plan area shall comply with Section 5.4, Landscaping, General Provisions, of the Eastvale Zoning Code. 2030 2476
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5 DEVELOPMENT PROCESS
The goal of the Leal Master Plan is to encourage development of the desired development and level of quality (see Chapter 2, Project Character, and Chapter 3, Land Use Program), while allowing flexibility in the design and implementation of the project. To achieve this, a staged development process has been established which provides for the developer(s) flexibility while this document serves as a guide for the development of the project.

The intent of the staged development process is to allow prospective developers to respond to market demand by first creating a framework of development standards and design guidelines at the time of project conception instead of establishing strict requirements prior to any development being proposed for the Leal Master Plan. In the second phase, an amendment to the Master Plan will be conducted to establish development standards and enhanced guidelines, ensuring that overall design quality meets the City’s goals for the project as stated in Chapter 2.

While the City intends to allow flexibility in the project design and layout through implementation of the staged development process, this Master Plan also establishes specific parameters for the design and quality of the project, which must be met by any future development.

Phasing requirements have also been established to ensure that a unifying theme for the Leal Master Plan and comprehensive project-wide plans are developed prior to any development taking place. These phasing requirements will ensure that the City’s goal of a comprehensive, high-quality project may be updated.

This chapter establishes the process through which all proposed development is submitted, reviewed, and approved, including requirements for the staged development process and requirements for phasing of developments.

5.1. GENERAL PROVISIONS
The City of Eastvale shall administer the provisions of the Leal Master Plan in accordance with the City of Eastvale General Plan, the City of Eastvale Municipal Code, the Subdivision Map Act, and other applicable State and City regulations. The Master Plan development procedures, regulations, standards, and specifications shall supersede the relevant provisions of the City’s Municipal Code, as they currently exist or may be amended in the future. Any development regulation and building requirement not addressed in this Master Plan shall be subject to the City’s adopted codes and regulations.

5.1.1. Interpretation
In instances where any section, subsection, sentence, clause, phrase, portion or word contained within this Master Plan is undefined, unclear or vague, then the 2031 2477
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Community Development Director, or his/her designee, shall make a determination as to its meaning and intent. The Community Development Director may elect to forward any item to the Planning Commission for final determination.

Said determination shall be judged to be final.

5.1.2. Severability
If any section, subsection, sentence, clause, phrase, or portion of this Master Plan, or any future amendments or additions hereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Master Plan, or any future amendments or additions hereto. The City hereby declares that it would have adopted these requirements and each sentence, subsection, clause, phrase, or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, subsections, clauses, phrases, portions or any future amendments or additions thereto may be declared invalid or unconstitutional.

5.2. STAGED DEVELOPMENT PROCESS SUMMARY
The staged development process has been established for all proposed developments in the Leal Master Plan. The process consists of the following stages:
• Stage 1, Initial Leal Master Plan
• Stage 2, Master Plan Amendment to Create Development Standards and Enhanced Guidelines
• Stage 3, Rough Grading Permit
• Stage 4, Development Plan Review
• Stage 5, Precise Grading and Building Permits
Table 5-1, Staged Development Process, illustrates these steps. 2032 2478
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Table 5-1: Staged Development Process
Stage 1: Initial Leal Master Plan (Adopted in 2017)
• Identified Project Objectives and Project Character
• Established Permitted and Conditionally Permitted Uses and Other Development Requirements
• Outlined the Staged Development Review Process
• Amended the General Plan and Zoning Code.

Stage 2: Master Plan Amendment to Create Development Standards and Enhance Guidelines (this document)
• Refine land use and zoning designations within the Master Plan. • Establish project-wide Land Use Plan, Circulation Plan, and Infrastructure Plans. • Determine project-wide development standards, design guidelines and project theme.

Stage 3: Rough Grading Permit
• Tentative Tract Map (A Map) will be reviewed and approved to allow to grade the site.
• The site would be cleared and backbone infrastructure such as streets and utilities would be installed.

Stage 4: Development Plan Review
• Submittal of detailed development plans. Development Plans will be reviewed per the Leal Master Plan and the Eastvale Municipal Code, as applicable. • Any required conditional use permits for specific uses will be reviewed and approved as provided in the Eastvale Municipal Code.

Stage 5: Precise Grading and Building Permits
• Will be reviewed and issued based on the approved Development Plan. • May occur concurrently with Stage 4.
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Stage 1: Initial Leal Master Plan
This first stage in the approval process was completed with the adoption of the Initial Leal Master Plan and the associated General Plan Amendment and Change of Zone. These approvals accomplished the following:
• Identified the project objectives and project character. • Established permitted and conditionally permitted uses and other development requirements.
• Outlined the staged development review process.
• Created an expanded General Plan policy for the Leal Master Plan and amended the General Plan Land Use Map to show uses consistent with the new Leal Master Plan policy.
• Amended the Zoning Code to provide for the creation and adoption of Master Plans (including this Master Plan) and amended the Zoning Map to reflect the Leal Master Plan.

The Stage 1 process also included the certification of a Final Environmental Impact Report (FEIR), which provided an analysis of the impacts of this Master Plan.

Stage 2: Master Plan Amendment to Create Development Standards and Enhance Guidelines
Stage 2 prepares project-wide development criteria and guidelines which are not included in the Initial Master Plan. The 2022 Amendment conducts this phase. The submittals required in Stage 2 will amend the initial Master Plan to:
• Refine land use and zoning designations within the Master Plan. • Establish project-wide land use plan, circulation plan, and infrastructure plans. • Determine project-wide development standards and design guidelines. • Establish the project theme.
• Refine the permitted and conditionally permitted uses to better reflect anticipated, future development trends.

The submittal of the Stage 2 materials triggered additional environmental review in the form of an Addendum to the Leal Master Plan EIR, which concluded that no new or more severe impacts would occur as a result of the State 2 submittal. The Addendum to the Leal Master Plan EIR prepared for this stage established land use intensity limits within this Master Plan.

Stage 3: Rough Grading Permit
In Stage 3, rough grading permit(s) will be reviewed and issued pursuant to an approved Tentative Tract Map and established grading permit processes in the 2034 2480
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City of Eastvale. This phase will consist of clearing the site and installing backbone infrastructure.

Stage 4: Development Review
Stage 4 will consist of the submittal of specific development projects through the Development Review process established in the Leal Master Plan and in the Eastvale Zoning Code, as applicable. During this stage, any required Conditional Use Permits for specific uses will be reviewed and approved as provided in the Eastvale Zoning Code.

Table 5-2, Development Process Approvals, is intended to clarify the process of entitlement through the City of Eastvale for various applications and actions. Table 5-2 applies only to future developments being implemented within the Leal Master Plan area.

Table 5-2: Development Process Approvals
Action Required By:

Community
Development Director
Planning
Commission City Council
Development Plan Review and
Conditional Use Permits X
Master Plan – Interpretations X
Master Plan – Minor
Adjustments X
Master Plan – Amendments X X
Tentative Tract Map X
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The following administrative provisions apply to the implementation of development applications (e.g., Development Plan Reviews) for future developments within the Master Plan area:

A. No vertical development shall occur or building permits issued within the Master Plan area until the proposed development is reviewed by the City’s Planning Division and found to be consistent with the adopted Master Plan.

Criteria for review and approval of proposed development shall include, but not be limited to, the following:
i. Conformance with the land use program;
ii. Conformance with the specific development standards, goals, and policies of the Master Plan; and
B. All Tentative Tract or Parcel Maps shall be consistent with this Master Plan.

Stage 5: Precise Grading and Building Permits
Finally, grading and building permits will be reviewed and issued based on the approved development plans. This process may occur concurrently with Stage 3, pursuant to existing permit processes in the City of Eastvale. 2036 2482
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5.3. STAGED DEVELOPMENT PROCESS SUBMITTAL REQUIREMENTS
The following sections describe the items that must be submitted at various points in the development process. Since Stages 1 and 2 were completed with the adoption of the Master Plan and subsequent amendment, no submittal requirements apply and are therefore not shown here.

5.3.1. Stage 1: Initial Leal Master Plan
The Leal Master Plan is the implementing mechanism for the MP (Master Plan) zone district for the Leal property. It sets the vision for development of the project site, assigns a land use program, establishes development standards, and outlines the process by which the property will develop, and the Master Plan will be implemented. As noted above, there are no submittal requirements for Stage 1, which was completed with the adoption of the initial Master Plan.

5.3.2. Stage 2: Master Plan Amendment to Create Development Standards and Enhance Guidelines
The Master Plan Amendment establishes the project-wide development plan components and development standards/enhanced guidelines. As noted above, there are no submittal requirements for Stage 2, which was completed with the adoption of the Master Plan Amendment. Future amendments or adjustments to the Master Plan are discussed in Section 5.4, Master Plan Adjustments and Amendments.

5.3.3. Stage 3: Rough Grading Permits
Submittals of rough grading permits for development within the Leal Master Plan area shall be pursuant to the submittal requirements and procedures established by the City of Eastvale Community Development Department.

5.3.4. Stage 4: Development Review
Each development within the Leal Master Plan must submit a development entitlement application to the City of Eastvale Planning Division for review per the Major or Minor Development Review provisions of the Eastvale Zoning Code (Section 2.1).

5.3.5. Stage 5: Precise Grading and Building Permits
Submittals of precise grading and building permits for development within the Leal Master Plan area shall be pursuant to the submittal requirements and procedures established by the City of Eastvale Community Development Department. 2037 2483
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5.4. MASTER PLAN ADJUSTMENTS AND AMENDMENTS

5.4.1. Minor Adjustments to the Master Plan
Minor adjustments to the plans, guidelines, regulations, and standards contained in the adopted Master Plan be approved at the discretion of the Community Development Director, or his/her designee; provided, however, that such deviations are deemed to be in substantial conformance with this Master Plan and are not detrimental to the public health, safety, and welfare. Minor adjustments to the Master Plan must be consistent with the purpose and intent of the originally approved Master Plan. Any decisions made by the Community Development Director may be appealed to the Planning Commission. Decisions of the Planning Commission may be appealed to the City Council. Decisions by the City Council shall be deemed final.

All minor adjustments must comply with the following findings:

A. The total number of dwelling units within the Leal Master Plan area shall not exceed 2,500 dwelling units.1
B. The total gross leasable commercial area (office, retail, city hall, library, police station etc.) within the Leal Master Plan shall not exceed 595,000 square feet.1
C. The public health, safety, and welfare shall not be jeopardized by the proposed adjustments.

D. No potentially significant environmental impacts are expected to occur as a result of the proposed adjustments, unless if the significant impacts have already been analyzed in a previously environmental document.

E. Substantial conformance to the design guidelines included in Chapter 2, Project Character.

The following modifications constitute “minor adjustments” to the approved Master Plan and may be approved without amending the Master Plan.

A. Slight modifications to the Master Plan area boundaries, as shown in Figure

3.1, Land Use Plan, that respond to more accurate or recent data or actual on-site conditions.
1 As established by the Leal Master Plan EIR Addendum to avoid new or more severe significant impacts. 2038 2484
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B. Minor adjustments to a development standard or intensity limitation not exceeding 20%.

C. Modifications to individual park sizes, provided a total of 14.06 acres is provided for parks or open space.

D. Minor changes to the circulation concept to accommodate actual conditions on-site or modify ingress and egress locations, or to respond to new information that was not available at the time the Master Plan was approved.

E. Minor changes to the design of the street cross sections, provided that the streets have adequate capacity to handle the anticipated volumes of traffic and the design changes are deemed acceptable by the City’s Traffic Engineer.

F. Modifications to the Master Plan that allow the Project master developer to move and adjust components of the plan; provided, however, that a plan is submitted to the City and reviewed and approved by the Community Development Director, or his/her designee, and the City Engineer. The plan shall depict the location of all land uses and the relationships of the uses to one another. In evaluating the plan, all of the following conditions must be met for the site plan to be approved:
i. A maximum of 2,500 dwelling units and 595,000 square feet of commercial gross leasable area (which does not include any civic or public facility uses) shall be allowed within the Master Plan area.2 The land use modifications would not result in any new
environmental impacts that were not previously assessed in the approved California Environmental Quality Act (CEQA)
documentation for the Master Plan
G. Minor modifications to the architectural or landscape design guidelines included in Chapter 2. Project Character.

H. Minor modifications to the water, sewer, and/or drainage plan(s).

I. Any modifications to the Master Plan phasing.
2 As established by the Leal Master Plan EIR Addendum to avoid new or more severe significant impacts. 2039 2485
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5.4.2. Master Plan Amendments
A. The Project master developer, property owner, or designee shall have the authority to initiate an amendment to the adopted Master Plan at any time.

No authorization by City staff, the Planning Commission, or the City Council shall be necessary to initiate a Master Plan Amendment for The Leal Master Plan area. However, the City shall be the approving authority of any requested amendments.

B. Said amendment shall not require a concurrent General Plan Amendment unless it is determined by the City of Eastvale that the proposed amendment would substantively affect the General Plan goals, objectives, policies, or programs for the Leal Master Plan area.

C. All Master Plan Amendments shall be subject to the requirements of CEQA and any applicable City of Eastvale environmental guidelines.

D. The Planning Commission shall review at a noticed public hearing all proposed amendments to the adopted Master Plan. Upon the close of the required public hearing, the Planning Commission shall act by resolution to recommend to adopt, reject, or modify the proposed Master Plan Amendment and forward its recommendation and findings to the City Council for action.

E. The City Council, at a noticed public hearing, shall review the Planning Commission’s findings and recommendations. Upon the close of the required public hearing, the City Council shall act by resolution to adopt, reject, or modify the proposed Master Plan Amendment.

F. Prior to approving or conditionally approving any Master Plan Amendment, the Planning Commission and City Council must make the following findings regarding the Amendment:
i. It is consistent with the goals and policies of the City of Eastvale General Plan;
ii. It is consistent with the vision, purpose and intent of the Master Plan; iii. Results in development of desirable character that will be compatible with existing and proposed development in the surrounding neighborhoods; and
iv. Respects the aesthetic assets of the community consistent with economic realities.
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6 IMPLEMENTATION PLAN
This chapter describes the implementation of this Master Plan, including the phasing of infrastructure and development. Information on the administration of this Master Plan can be found in Chapter 1.

6.1. PHASING
A conceptual Phasing Plan is shown in Figure 6.1. Phasing of the infrastructure as described below shall begin along Limonite Avenue and move north through the project site. The development of uses and the boundaries of each phase will be determined by market forces1 and the developer(s) of the property, however phasing of residential uses shall be such that several different types of housing shall be offered concurrently. 1 Since phasing is tied to market conditions, changes to the conceptual phasing plan do not require administrative approval. The Phasing Plan provides information only and is not regulatory. Phasing is at the sole discretion of the developer and may adjust according to market conditions. 2041 2487
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Figure 6.1: Phasing Plan
Source: Hunsaker & Associates
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6.2. INFRASTRUCTURE COORDINATION
To ensure that infrastructure is developed in a coordinated way and so that all phases of development will have sufficient infrastructure capacity, the following requirements are imposed. Should the project be developed in a single phase, all infrastructure will be installed in the first phase.

The following requirements relate to the coordination of infrastructure with development of uses:
1) Backbone Sewer/Water/Storm Drain Infrastructure – This infrastructure must be developed in conjunction with each phase of development as shown in Figure

6.2. Preparation of an infrastructure plan for backbone water/sewer/drainage infrastructure is a required Stage 3 component (see Chapter 5, Development Process).

Backbone water/sewer/storm drainage infrastructure includes:
• Water – Hamner and Limonite Avenues have 30-inch water mains located within the rights-of-way. Water services for the project will use these existing lines to serve the project area.
• Sewer – Sewer service is available in all of the streets bordering the project (Hamner, Limonite, Scholar, and 58th). Sewer service inside the project area will be built to accommodate development as it proceeds and will all connect to the existing sewer in Limonite.
• Storm Drainage – These improvements will include water quality and drainage improvements to ensure that stormwater runoff from the site does not degrade downstream environments. Integration of water quality improvements into parks, parkways, and landscaped areas is encouraged throughout the Leal Master Plan.
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Figure 6.2: Water Plan
Source: Hunsaker & Associates
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Figure 6.3: Sewer Plan
Source: Hunsaker & Associates
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Figure 6.4: Storm Drainage Plan
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2) External Circulation – Half-width public improvements to Hamner Avenue, Limonite Avenue, Scholar Way and 58th Street shall be constructed with the Phasing Plan as shown in Figure 6.1. Improvements to Scholar Way and 58th Street may be provided in the form of half-width pavement and sidewalks, with the provision that landscaping must be installed at the time that development occurs adjacent to the street. Class I trails are provided on both sides of Limonite Avenue. Class I trails are also provided on one side of Scholar Way, 58th Street and Hamner Avenue.

One bike lane is provided on one side of Limonite Avenue. Bike lanes are also provided on both sides of Scholar Way.
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Source: Hunsaker & Associates
3) Internal Circulation – Internal roadways within the proposed phase will be constructed to provide adequate ingress/egress to all proposed development in the phase. As needed, roadways in the undeveloped portions of the site shall be constructed to provide adequate emergency access.

Source: Hunsaker & Associates
4) Major/Minor Entries – Major and minor entries shall be developed at the time that a phase containing the entry(ies) is developed. Preparation of a detailed design for both types of entries and a plan for their locations is a required Stage 3 component (see Chapter 5).
5) Signature Iconic Element (Clock-tower, art, etc.) - A unique iconic element such as an art sculpture, mural, clock-tower, or the like that helps define the project and would be unique to the City shall be provided as part of the project. The element shall be located within a publicly accessible space or at a focal point or project entry.

Additional development standards and requirements related to each increment of development are included in Chapter 4, Development Standards, and Chapter 5, Development Process.
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6.3. MAINTENANCE
Successful operation of maintenance districts and associations are important in ensuring that the Master Plan area is well-maintained. Maintenance responsibilities for the open spaces, landscape areas, lighting, and common project facilities will be maintained by the homeowner association’s property manager.2 Table 6-1, Maintenance Responsibilities, identifies the maintenance responsibilities for various infrastructure and landscape improvements associated with the project.

Table 6-1: Maintenance Responsibilities
Maintenance Area City/JCSD HOA POA
Internal Streets X
Perimeter Right-of-Way X
The commercial area, including any
parking structures
X
Water System X
Sewer System X
Internal Storm Drainage Systems X
Water Quality Basins X
Parks and trails3 X
2 Funding for private maintenance responsibilities may occur through the homeowner’s association, community facilities district, or other maintenance district. 3 Except for Planning Area J, which will be a City-owned and maintained park. 2049 2495
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Figure 3.1: Land Use Plan
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Figure 3.2: Open Space/Parks
Illustrative purpose only, final design may vary.
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Figure 6.1: Phasing Plan
Source: Hunsaker & Associates
2052 2498
City of Eastvale SHEET TENTATIVE TRACT NO.38290 CUT FILL TENTATIVE TRACT MAP NO. 38290 COVER SHEET NUMBERED LOTS Lot # S.F. Acres 1 315,892.10 7.252 2 550,731.85 12.643 3 426,869.17 9.800 4 279,624.41 6.419 5 198,540.25 4.558 6 244,324.99 5.609 7 613,599.82 14.086 8 171,451.45 3.936 9 191,384.23 4.394 10 195,395.18 4.486 11 724,736.51 16.638 12 754,749.47 17.327 13 574,268.61 13.183 14 53,083.07 1.219 Total 5,294,651.11 121.548 LETTERED LOTS Lot # S.F. Acres A 139,937.69 3.213 B 147,811.51 3.393 C 84,478.50 1.939 D 38,267.77 0.879 E 246,244.32 5.653 F 44,673.74 1.026 G 113,590.68 2.608 H 115,905.65 2.661 I 67,321.01 1.545 J 89,220.27 2.048 K 68,998.58 1.584 L 153,611.43 3.526 M 44,835.28 1.029 N 31,408.46 0.721 O 32,546.77 0.747 P 84,078.57 1.930 Q 46,663.19 1.071 R 42,155.07 0.968 S 21,801.21 0.500 Total 1,613,549.70 37.042 2053 2499
City of Eastvale SHEET TENTATIVE TRACT NO.38290 TENTATIVE TRACT MAP NO. 38290 ROUGH GRADING & SECTIONS 2054 2500
City of Eastvale SHEET TENTATIVE TRACT NO.38290 TENTATIVE TRACT MAP NO. 38290 UTILITIES LAYOUT 2055 2501
1532336.9

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Eastvale
12363 Limonite Ave. Suite 910
Eastvale, CA 91752
Attn: City Clerk
Space Above Line for Recorder’s Use Only
Exempt from Recording Fees per Gov’t Code § 6103, 27383 DEVELOPMENT AGREEMENT NO. _______
By and Between

CITY OF EASTVALE
and

THE NEW HOME COMPANY SOUTHERN CALIFORNIA LLC
May 11, 2022
2056 2502
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DEVELOPMENT AGREEMENT
This Development Agreement (“Agreement”), dated May 11, 2022 (the “Entry Date”), is entered into by and between the City of Eastvale, a California municipal corporation (“City”) and The New Home Company Southern California LLC, a Delaware limited liability company (“Developer”). The City and Developer are sometimes referred to individually as a “Party” and collectively as the “Parties” throughout this Agreement.

RECITALS
A. The Legislature of the State of California has adopted California Government Code Sections 65864 through 65869.5, which authorizes a city to enter into a binding development agreement with persons having legal or equitable interests in real property located within a city’s municipal boundaries for the development of such property in order to, among other things: encourage and provide for the development of public facilities and reimbursement to applicants for financing of public facilities; to support development projects; provide certainty in approval of development projects in order to avoid a waste of resources and escalation in project costs and encourage an investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; and provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to the conditions of approval of such projects as provided in such development agreements.

B. Developer has a legal or equitable interest in that certain real property located at the northwest corner of Hamner and Limonite Avenues (APNs: 164-030-010, -012, -013, -014, - 024 and -025) within the City of Eastvale, California, hereinafter referred to as the “Property” and as more particularly described herein. Developer proposed to implement the Leal Master Plan (as defined below and as amended) and to improve, develop and use the Property for up to 2,500 dwelling units, 595,000 square feet of general commercial, office and civic center uses (with the City to improve and develop any civic center uses), a 12,200 square foot fire station (with the City to improve and develop the fire station) and approximately 14.12 acres of public and private open space and recreational uses (the “Project”) in accordance with State laws and the existing Eastvale Municipal Code.

C. The Property is owned by James Borba and Mark Korte, Co-Trustees of the Bradley William Leal Family Trust dated September 18, 2015 (the “BWL Trust”), and John Craig Leal, Trustee of the John Craig Leal Revocable Trust dated December 15, 2016 (the “JCL Trust”), each as to an undivided fifty percent (50%) interest as tenants in common. The BWL Trust and JCL Trust are hereinafter referred to collectively as “Property Owner”. The Property Owner has provided notarized written consent to the terms of this Agreement and the recordation thereof, attached hereto as Exhibit C.

D. In 2014-2015, the City prepared a planning document to establish the framework for a major development on the Property with various uses including: (i) a lifestyle retail center between 325,000 square feet (“sf”) to 1,300,000 sf; (ii) general commercial uses up to 225,000 sf; (iii) office uses up to 920,000 sf; (iv) hotel with up to 450 rooms; (v) a civic center to accommodate uses such as a city hall, library, police station and community center; (vi) 2057 2503
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residential medium density development with a range of 14-21 dwelling units per acre (with no minimum or maximum unit count); (vii) residential high density development with a range of 22- 40 units per acre with 500 to 660 units; and (viii) additional community features including parks, trails and open space. The initial planning document is hereinafter referred to as the “Leal Master Plan.”
E. On December 13, 2017, the City Council (i) certified an environmental impact report (SCH# 2015031028) (“EIR”) for development of the Property (SCH# 2015031028); (ii) adopted a statement of overriding considerations for significant but unavoidable environmental impacts in three environmental topic areas (transportation and traffic, air quality and noise); (iii) amended the General Plan to incorporate the Leal Master Plan, including amending land use policies and the land use map; (iv) introduced for first reading an ordinance to amend the Eastvale Zoning Code to add a chapter called “Master Plans”; and (v) introduced for first reading an ordinance to adopt the Leal Master Plan and to rezone the Property to Leal Master Plan. On January 10, 2018, the City Council held a second reading and adopted Ordinance No. 2017-08, amending the Zoning Code by adding a chapter on “Master Plans” and Ordinance 2017-09, adopting the Leal Master Plan and changing the Property’s zoning to Leal Master Plan. The statement of overriding considerations lists several benefits that outweigh the projected impacts, including diversity of development and job creation, location near existing transportation facilities, retail sales tax, unified project design and efficient goods movement.

F. The City subsequently conducted environmental analysis for the Project under the California Environmental Quality Act (“CEQA”). The environmental analysis presented in the Addendum to the EIR determined that to avoid new or more severe significant environmental impacts, the maximum development intensity for the Property is 2,500 dwelling units, 595,000 square feet of general commercial, office, and civic center uses and a 12,200 square foot fire station. Therefore, Leal Master Plan Amendment No. 1 refines and provides further specificity to the uses within the Leal Master Plan and includes implementing development standards and design guidelines as directed by the Leal Master Plan.

G. On April 25, 2022, the Planning Commission considered, at a duly noticed public hearing, and voted to recommend to the City Council adoption of an Addendum to the EIR, Leal Master Plan Amendment No. 1, this Agreement, Tentative Tract Map No. 38290 and Major Development Review No. PLN22-20020 DR001.

H. On May 11, 2022, the City Council held a duly noticed public hearing and voted to adopt the Addendum in accordance with CEQA, approve the Existing Development Approvals for the Project and introduced and held a first reading of Ordinance No. ______ approving this Agreement, and Ordinance No. ______ approving Leal Master Plan Amendment No. 1. The City has determined that none of the conditions in Public Resources Code Section 21166 or CEQA Guidelines Sections 15162, 15163 and 15164 calling for preparation of a subsequent or supplemental environmental impact report have occurred because of the following: (i) the Project does not propose substantial changes that would require major revisions to the previously certified EIR due to new significant environmental effects or a substantial increase in the severity of previously identified significant environmental effects; (ii) no substantial changes in circumstances have occurred that require major revisions to the previously certified EIR due to new significant environmental effects or a substantial increase in the severity 2058 2504
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of previously identified significant effects; and (iii) no new information of substantial importance as described in Section 15162 (a)(3) has been identified that shows any of the following: (a) the project will have one or more significant effects not discussed in the EIR, (b) significant effects previously examined will be substantially more severe than shown in the EIR, (c) mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or (d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

I. On May 25, 2022, the City Council held a second reading and considered and approved this Agreement (DA 003) by adopting Ordinance No.___ and Leal Master Plan Amendment No. 1 by adopting Ordinance No. ___.

J. In adopting this Agreement, City understands that Developer will acquire certain vested rights regarding development of the Project on the Property and that this Agreement will bind future City Councils to its terms to the extent allowed by law.

K. City acknowledges the benefits the Project will provide to the community and desires to encourage the undertaking and completion of the Project and to provide a greater level of development certainty for the Developer by entering into this Agreement. The Project will provide local and regional public benefits to the City, including without limitation: (i) development in accordance with the Leal Master Plan Amendment No. 1 will result in increased real property and sales taxes and other revenues to the City; (ii) the Project proposes a range of housing types, sizes and prices, including housing that may assist the City in the City meeting its Regional Housing Needs Assessment allocation; (iii) the Project provides an opportunity for a new “Downtown” within the City; (iv) the Project provides the City with land available for the City’s future development of new civic uses, including a city hall, library and police station; (v) the Project dedicates over one (1) acre for the City’s future development of a new fire station; (vi) the Project provides approximately 14.12 acres of new public and private parks, trails and open space on the Project site and the potential for payment of park fees to the City for acquisition and improvement of parks within the City; (vii) the Project encourages pedestrian mobility and connection through the provision of walking paths, trails and preservation of open space to encourage walking; and (viii) the Project includes improvements, such as the widening of Limonite Avenue and Hamner Avenue along the Project frontage and contributes fees to improvements to reduce congestion on local streets and the regional transportation network.

L. Developer acknowledges the benefits that this Agreement provides to Developer.

The Agreement and the Leal Master Plan Amendment No. 1 (i) vest the land use entitlements for the Project for a specified term, (ii) fix specified development impact fees applicable to the Project at current scheduled levels and exempt the Project from future adjustments and imposition of new development impact fees, if any occur in the future, on the terms provided herein, (iii) grant credit against development impact fees otherwise due in exchange for specified land conveyances of significantly greater value, and (iv) eliminate the requirement of Section 6.2 of the original Leal Master Plan to construct 325,000 square feet of commercial development within a Lifestyle Center before the total development of other uses reaches 40 acres. Because 2059 2505
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of such considerations, Developer is willing to enter into this Agreement and to, among other things, convey to City parcels of land for civic and economic development purposes early in the Project lifecycle on the terms provided herein.

M. In addition, the State Legislature has determined that California is experiencing a housing supply crisis, with housing demand far outstripping supply, that is stifling economic opportunities for workers and businesses, worsening poverty and homelessness and undermining the State’s environmental and climate objectives. According to the State, California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over the next 7 years. Further, State law requires the City to plan for housing across all income categories and specifically requires the City’s Housing Element to identify sufficient sites to meet the City’s Regional Housing Needs Assessment (RHNA) allocation. The City’s recently adopted 2021-2029 Housing Element identifies the Property as a site that can accommodate housing development at varying densities.

N. City finds and determines that it will be in the best interests of its citizens and the public health, safety and welfare will be served by entering into this Agreement.

OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the above Recitals and of the mutual covenants and agreements hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby covenant and agree as follows:

1. DEFINITIONS
In this Agreement, unless the context otherwise requires, the following words and phrases shall have the meaning set forth below.

1.1 “Action” means any suit (whether legal, equitable, or declaratory in nature), proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other instrument.

1.2 “CFD” means a community facilities district established pursuant to the MelloRoos Community Facilities Act of 1982 (Government Code §§ 53311 et seq.), as it may be amended from time to time, authorizing the imposition of special taxes to fund capital facilities, impact fees and services.

1.3 “City” means the City of Eastvale, a general law, municipal corporation formed and existing under the laws of the State of California.

1.4 “Claim or Litigation” means any challenge by any third party (whether legal, equitable, declaratory, administrative or adjudicatory in nature or by referendum) (i) to the legality, validity or adequacy of this Agreement, Existing Development Approvals or other actions of the City pertaining to the approval of the Project, whether such actions are brought 2060 2506
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under CEQA, the Planning and Zoning Law, the Subdivision Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other State, federal or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction, (ii) seeking damages against the City as a consequence of the foregoing actions, for the taking or diminution in value of their property as a consequence of the foregoing actions, or for any other reason arising from or related to this Agreement, Existing Development Approvals or other actions of the City pertaining to the approval of the Project or (iii) compliance with state or federal laws, including but not limited to Prevailing Wage Law (as defined in Section 2.5) and specifically including any liability arising under Labor Code section 1781, as to Development undertaken by Developer or its contractors or subcontractors (and not as to development undertaken by City or another party); provided, however, “Claim or Litigation” shall not mean or include any challenge arising from or relating to (i) exercise or assignment of the Option (as defined in Section 3.2 and as the Option may be amended), (ii) the purchase or sale contemplated by the Option (as defined in Section 3.2 and as the Option may be amended), (iii) entitlement or Development by another party or City of the Option Property (as defined in Section 3.2), Lot 5 (as defined in Section

3.3.3), Lot J (as defined in Section 3.3.3), Fire Station Parcel (as defined in Section 3.5) or Civic Center or other uses of the Civic Center land (as defined in Section 3.3), or (iv) the collection or expenditure of park, open space or recreation related impact fees, the dedication or improvement of land for park, open space or recreational related purposes or the authorization or use of credits against such requirements.

1.5 “County” means the County of Riverside.

1.6 “Developer” means The New Home Company Southern California LLC, a Delaware limited liability company, with its principal office in California at 15231 Laguna Canyon Road, Suite 250, Irvine, California, 92618, and which is authorized to conduct business, and is doing business, within California. As of the Entry Date of this Agreement, the Developer has entered into a purchase and sale agreement with the Property Owner. The term “Developer” shall also include all assignees, to the extent permitted under this Agreement, of the rights and obligations of Developer under this Agreement, and any successor-in-interest to Developer having a legal and/or equitable interest in the Property.

1.7 “Develop” or “Development” means to improve or the improvement of the Property for the purpose of completing the structures, improvements and facilities comprising the Project, including but not limited to: grading; the construction of infrastructure and public improvements and facilities directly related to the Project, whether located within or outside the Property; the construction of all of the private improvements and facilities comprising the Project; the maintenance, repair or reconstruction of any structures, improvements and facilities after the construction and completion thereof on the Property; and the installation of landscaping.

The terms “Develop” and “Development,” as used herein, do not include the maintenance, repair, reconstruction, replacement, or redevelopment of any structure, improvement, or facility after the initial construction and completion thereof.

1.8 “Development Exaction” means any requirement of the City in connection with or pursuant to any Land Use Regulation or the Existing Development Approvals for the dedication of land, the construction of improvements for public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or 2061 2507
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other public interests, consistent with this Agreement. Development Impact Fees, as defined below, are one type of Development Exaction.

1.9 “Development Impact Fees” means those fees imposed and levied by the City with respect to development and/or its impacts pursuant to applicable governmental requirements, including Government Code Sections 66000 et seq. (the “Mitigation Fee Act”), including impact fees, park and recreation fees (including but not limited to under Government Code Section 66477 as implemented under City Land Development Code Section 130.20.020), linkage fees, exactions, assessments, fair share charges or other similar impact fees or charges imposed on or in connection with new development. Development Impact Fees do not mean or include (i) the City’s customary and typical fees for processing applications to recover the City’s costs associated with such processing and review consistent with the City’s adopted fee schedule; or (ii) regional pass-through fees, including, but not limited to, Transportation Uniform Mitigation Fee (“TUMF”), the Mira Loma Road and Bridge Benefit Assessment District Fee (“MLRBA”) and the Multiple Species Habitat Conservation Plan (“MSHCP”) fee; provided however, that park and recreation fees under City Land Development Code Section 130.20.020 or park, recreation or open space fees under Government Code Sections 66000 et seq. (Mitigation Fee Act) shall not be considered regional pass-through fees. The Development Impact Fees applicable to the residential development within the Project (including any residential development within a Project mixed-use development), and associated rates for residential development within the Project (including any residential development within a Project mixed-use development), are set forth on Exhibit D attached hereto and incorporated herein by reference and Exhibit E attached hereto and incorporated herein by reference (if Exhibit E is applicable under Sections 4.1.6 and 4.1.6.1, and if not, as otherwise provided in Section 4.1.6.2). The Development Impact Fees that are shown on Exhibit D and in effect on the Entry Date and on Exhibit E (if Exhibit E is applicable under Sections 4.1.6 and 4.1.6.1, and if not, as otherwise provided in Section 4.1.6.2) are the only Development Impact Fees that the City may impose or levy on the residential development within the Project (including any residential development within a Project mixed-use development) during the term of this Agreement and only at the rates in effect on the Entry Date and on Exhibit E (if Exhibit E is applicable under Sections 4.1.6 and 4.1.6.1, and if not, as otherwise provided in Section 4.1.6.2).

1.10 “Effective Date” means the later of (i) the date the Ordinance adopting this Agreement becomes effective, which date is thirty (30) days following the date the City Council adopted such Ordinance and (ii) the date after either Developer or a Land Banking Entity acquires any portion of the Property. In no event shall the Effective Date be later than one (1) year from second reading and adoption of Ordinance No. ___ approving this Agreement; provided, however, that such date shall be automatically extended during the period of any Claim or Litigation or for force majeure extensions or delays set forth in Section 10.6 below.

1.11 “Entry Date” means the date indicated on the first paragraph of this Agreement.

1.12 “Existing Development Approval(s)” means all land use development permits and approvals issued, approved, and/or certified for the Project by the City Council, Planning Commission, Community Development Director, or Building Official, including the EIR and Addendum to the EIR (including the Mitigation Monitoring and Reporting Program), Leal Master Plan Amendment No. 1, this Agreement, Tentative Tract Map No. 38290 and Major 2062 2508
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Development Review No. PLN22-20020 DR001 and any other land use or other permit or approvals that are issued, approved, and/or certified as of the Entry Date of this Agreement by the City Council, City’s Planning Commission, Community Development Director or Building Official for the Project. The Existing Development Approvals do not require affordable housing, inclusionary housing, deed restrictions, income restrictions, price restrictions, cost restrictions or the like for the Project.

1.13 “Existing Land Use Regulation” or “Existing Land Use Regulations” means Leal Master Plan Amendment No. 1, the 2021-2029 Housing Element and a Land Use Regulation issued, approved, existing, effective, and/or made a matter of public record as of the Entry Date of this Agreement. The Existing Land Use Regulations do not require affordable housing, inclusionary housing, deed restrictions, income restrictions, price restrictions, cost restrictions or the like for the Project.

1.14 “General Plan” means the City’s General Plan as of the Entry Date.

1.15 “Land Banking Entity” means the entity under a land banking structure whereby (i) any of Developer or its owners, members or principals shall be the sole beneficiary (e.g., an optionee) of the land bank with an exclusive right to acquire some or all of the Property from such land banking entity and (ii) any of Developer or its owners, members or principals shall remain in full control of, and be primarily responsible for, the processing and completion of remaining entitlements for some or all of the Property to be processed by Developer and the construction and completion of improvements on some or all of the Property.

1.16 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations, and official policies of City, including but not limited to the City’s General Plan, Municipal Code, Zoning Code, building regulations and Development Impact Fees, which affect, govern or apply to the development of the Project and use of the Property, including, without limitation, those governing the development and use of land including, without limitation, the permitted use of land; the density or intensity of use; subdivision requirements; the maximum height and size of proposed buildings; the provisions for reservation or dedication of land for public purposes; and the design, improvement, and construction standards and specifications applicable to the development of the Property which have been adopted, whether adopted by means of an ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever by the City, City Council, Planning Commission, Community Development Director, or Building Official or any other board, agency, commission or department of City, or any officer or employee thereof, or the voters.

Prior to approval of this Agreement, City has created an appendix of all Land Use Regulations, which appendix shall be on file in the City Planning Department during the Term, and provided a copy of the same to Developer. “Land Use Regulations” does not include any County or City ordinance, resolution, code, rule, regulation, or official policy, governing:
(a) The licensing or regulation of businesses, professions, and occupations; (b) Sales taxes, ad valorem property taxes, transient occupancy taxes, or voter approved general or special taxes not imposed for the privilege of developing property;
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(c) The control and abatement of nuisances;
(d) The granting of encroachment permits and the conveyance of rights and interests which provide for the use of or the entry upon public property; and/or
(e) The exercise of the power of eminent domain.

1.17 “Litigation Expenses” means all costs and expenses, to the extent such are reasonable in amount, that are actually and necessarily incurred in good faith by the Prevailing Party (as defined in this Agreement) directly related to the Action, including, but not related to, court costs, filing, recording, and service fees, copying costs, exhibit production costs, special media rental costs, attorneys’ fees, consultant fees, fees for investigators, witness fees (both lay and expert), deposition and transcript costs, and any other cost or expense reasonably and necessarily incurred by the Prevailing Party (as defined in this Agreement) in good faith and directly related to the Action. Where attorneys’ fees are to be paid by Developer to the City’s law firm on behalf of, or in defense of, City, the rate to be paid shall be the full litigation rate charged by the City’s law firm to the City in accord with the City’s contract with that law firm.

1.18 “Prevailing Party” shall have the meaning ascribed in Code of Civil Procedure Section 1032(a)(4).

1.19 “Project” is defined in Recital B.

1.20 “Property” is defined in Recital B, and more particularly described in the legal description in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein by this reference.

1.21 “Property Owner” is defined in Recital C.

1.22 “Subsequent Development Approvals” means any ministerial and discretionary permits, licenses, or other similar entitlements or approvals that must be secured by the Developer in order to Develop the Project on the Property, other than the Existing Development Approvals, that are: (i) sought or agreed to in writing by Developer, in its sole and absolute discretion; (ii) approved by the City; (iii) consistent with this Agreement and the Existing Development Approvals; and (iv) approved, adopted, effective or issued after the Entry Date.

1.23 “Subsequent Land Use Regulation” means any change in or addition to the Existing Land Use Regulations adopted, effective, and made a matter of public record after the Entry Date of this Agreement including, without limitation, any such change or addition by means of an ordinance, initiative, referendum, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever by the City, City Council, Planning Commission, Community Development Director, or Building Official or any other board, agency, commission or department of City, or any officer or employee thereof, or by the voters, as the case may be.

2. VESTING AND SCOPE OF DEVELOPMENT
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2.1 Term.

2.1.1 This Agreement shall become operative on the Effective Date. The term of this Agreement shall commence on the Effective Date and shall be for an initial period of twenty (20) years (the “Term”).

2.1.2 In addition to the terms of Section 10.6 [Enforced Delays; Extension of Times], in the event of Claim or Litigation, then Developer shall have the right to toll commencement of the Term and any obligations of Developer under the Agreement during the period of such Claim or Litigation. The tolling shall terminate when (i) a final judgment or a final order is issued in said litigation that upholds the Project and the Existing Development Approvals; (ii) the Claim or Litigation is successfully resolved in the City and Developer’s favor; or (iii) the litigation is dismissed with prejudice by all parties, whichever occurs first.

Notwithstanding the foregoing, to the extent that a court of competent jurisdiction issues a temporary restraining order, preliminary injunction or other order affecting the Parties’ obligations under this Agreement, such obligations shall be automatically tolled to the extent required by such order or injunction.

2.1.3 This Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after exhaustion of any appeals, directed against the City to set aside, withdraw, or abrogate the approval by the City Council of the City of this Agreement.

2.1.4 Notwithstanding anything set forth in this Agreement, a member of the home buying public purchasing a completed residence or leasing a residence for a period longer than one year as evidenced by a written lease within the Project shall not have any liability or obligation under this Agreement. In addition, upon the request of a Developer, this Agreement shall terminate with respect to any lot or condominium unit, and such lot or condominium unit shall be released and no longer subject to this Agreement without the execution or recordation of any further document, when a certificate of occupancy has been issued for the last building on the lot or condominium unit or, if no certificate is issued, when the final inspection for the last building on the lot or condominium unit has taken place. Upon the request of a Developer, City agrees to execute such documents as are reasonably requested to remove this Agreement from the public records to carry out this Section.

2.2 Vesting. During the Term of this Agreement, and subject to the Reservations of Authority in Sections 5.1 and 5.2, Developer shall be entitled to, and shall have a vested right to, Develop the Project on the Property to the fullest extent permitted by the Existing Development Approvals and this Agreement and in accordance with the Existing Land Use Regulations. The Existing Development Approvals and Existing Land Use Regulations shall exclusively control the development of the Property (including the uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes and the design, improvement and construction standards and specifications applicable to the Project). The maximum number of residential units authorized to be constructed hereunder, based on the EIR and Addendum, and the square footage of general commercial, office and civic center uses is 2,500 dwelling units, 595,000 square feet of general commercial, office and civic center uses and a 12,200 square foot fire station. In 2065 2511
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furtherance of the foregoing, the Developer retains the right to apportion the uses, intensities and densities, between itself and any subsequent developers, upon the sale, transfer or assignment of any portion of the Property, so long as such apportionment is consistent with the Existing Development Approvals and this Agreement.

2.3 Existing Land Use Regulations; Subsequent Land Use Regulations. The Existing Land Use Regulations shall be applicable to the Project. Any Subsequent Land Use Regulations which would, absent this Agreement, otherwise be applicable to the Project and which would conflict or be inconsistent with, in any way, the Existing Land Use Regulations, the Existing Development Approvals or this Agreement, or which would, in any way, delay, hinder, restrict, condition, impair or impede the purpose or effect of Developer’s vested rights, shall not be applied to the Project unless agreed to by Developer in writing, subject to the Reservation of Authority set forth in Sections 5.1 and 5.2 hereof. Without limiting the foregoing, and notwithstanding any other provision of this Agreement to the contrary, a Subsequent Land Use Regulation, including but not limited to any General Plan amendment, Leal Master Plan amendment, zoning ordinance or regulation, or any other law, policy or procedure adopted by the voters of the City after the Entry Date (“Voter Measures”), or any moratorium or other similar limitation, shall not apply in whole or in part to the Property and/or the Project during the Term of this Agreement unless agreed to by Developer in writing. Any and all Voter Measures shall not impede the vested right Developer has to Develop the Project pursuant to the terms of this Agreement.

2.4 Subsequent Development Approvals. Successful implementation of the Project may require the Developer to obtain Subsequent Development Approvals from City. Subject to the City’s Reservation of Authority set forth in Sections 5.1 and 5.2 below, the Developer shall have a vested right: (i) to receive from the City all Subsequent Development Approvals for the Property that are consistent with, and implement, the Existing Land Use Regulations, Existing Development Approvals and this Agreement, provided that Developer has submitted a completed application for such approval and all prerequisites for the issuance of such approval have been met; (ii) not to have such Subsequent Development Approvals be conditioned or delayed for reasons which are inconsistent with the Existing Land Use Regulations, Existing Development Approvals or this Agreement; and (iii) to Develop the Property in a manner consistent with such approvals in accordance with the Existing Land Use Regulations and this Agreement.

Notwithstanding the foregoing, nothing herein is intended to prevent the City from denying or conditionally approving any Subsequent Development Approval for failure to conform to this Agreement or the Existing Land Use Regulations or to limit the City’s discretion with respect to environmental approvals that may be required under CEQA. All Subsequent Development Approvals for the Property shall, upon approval by the City, be vested in the same manner as provided in this Agreement for the Existing Development Approvals and Existing Land Use Regulations for the Term of this Agreement. The City shall process all applications for Subsequent Development Approvals in a reasonably expeditious manner provided they are in a proper form and acceptable for processing in accordance with the Existing Land Use Regulations and the provisions of this Agreement. City and Developer shall cooperate and use reasonable efforts in coordinating the implementation of the Project with other public agencies, if any, having jurisdiction over the Property or the Project. City acknowledges that the Developer may in the future desire to change or modify the Project based on precise planning, changes in market demand, changes in development occurring in the vicinity of the Property, or other factors. In 2066 2512
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such event, City shall cooperate with Developer to review and take final action on such requested changes, however, such changes are not Subsequent Development Approvals for the purposes of this Agreement and Developer has no rights under this Agreement with respect to any such changes, unless otherwise set forth in an amendment or operating memoranda to this Development Agreement.

2.5 Prevailing Wages. If and to the extent applicable, the Developer shall carry out the Development of the Property by Developer, its contractors and subcontractors, in conformity with California Labor Code section 1720 et seq. and the federal Davis-Bacon Act (40 U.S.C. 3141 et seq.) (collectively, “Prevailing Wage Laws”). The Parties believe that the Project is not a “public work” for the purposes of Prevailing Wage Laws because, among other things, the Project will receive no financial assistance or “public funds” from City, will not include work done for an improvement or other district and will not include street, sewer or other improvement work done under the direction and supervision of a political subdivision or district, however, Developer and its contractors shall be solely responsible for determining and effectuating compliance with Prevailing Wage Laws for Development of the Project by Developer, its contractors and subcontractors, if and to the extent applicable. City makes no representations to Developer as to the applicability or non-applicability of Prevailing Wage Laws to the Project.

This Section 2.5 shall not apply to the Developer with respect to Development that is undertaken by the City or another party.

2.6 Development Impact Fees. The only Development Impact Fees that may be applied to the residential development within the Project (including any residential development within a Project mixed-use development) shall be those existing on the Entry Date identified on Exhibit D and those identified on Exhibit E if applicable under Sections 4.1.6 and 4.1.6.1 (and if Exhibit E is not applicable, then as otherwise set forth under Section 4.1.6.2). Development Impact Fees for the residential development within the Project (including any residential development within a Project mixed-use development) shall be paid at the rate in effect on the Entry Date, as shown on Exhibit D, and the rate shown on Exhibit E if applicable under Sections

4.1.6 and 4.1.6.1 (and if Exhibit E is not applicable, then as otherwise set forth under Section

4.1.6.2), for the portion of the Property to which such fees apply and shall be paid at the time of issuance of a building permit on a per unit/individual building basis. Notwithstanding the foregoing, Developer and City anticipate that Developer will receive credits against such Development Impact Fees (“DIF Credits”) as set forth further in Sections 3 and 4, and in at least the approximate amount indicated in Exhibits D and E, and such DIF Credits shall be applied to the Project’s obligation to otherwise pay Development Impact Fees. In addition to the DIF Credits set forth in Exhibits D and E, City shall utilize its reasonable best efforts to assist Developer in receiving credits to apply to TUMF fees and MLRBA fees based on applicable land dedication and improvements including but not limited to dedications for and improvements to Limonite and Hamner Avenues. The Development Impact Fees applicable to non-residential development within the Project are not subject to vesting under this Agreement. Nothing in this Agreement shall be construed as limiting the Development Impact Fees that may be imposed on non-residential development within the Project, or providing Developer with DIF Credits for non-residential development within the Project.

2.7 Development Exactions. All Development Exactions applicable to the Project are included in the Existing Development Approvals and this Agreement as of the Entry Date. 2067 2513
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Concurrently with the approval of a Subsequent Development Approval, the City may impose only those Development Exactions set forth in the Existing Development Approvals and this Agreement as of the Entry Date. In recognition of the significant contributions and dedications by Developer, Developer shall not be required to dedicate, convey, or transfer any interest in the Property or to construct or install public improvements or facilities in conjunction with the Project, except as expressly provided for in the Existing Development Approvals and this Agreement as of the Entry Date.

2.8 Subdivision Maps and Approvals. In accordance with California Government Code Section 66452.6, all tentative subdivision maps or tentative parcel maps, whether vesting or not, shall be granted an extension of time for the greater of (i) the Term of this Agreement, in which case no application to extend the expiration date of any tentative map need be filed, or (ii) such time approved in accordance with State law or the Existing Land Use Regulations. The Parties also agree that phased final subdivision maps may be processed and recorded, and City agrees to process multiple tentative subdivision maps, tentative parcel maps and final maps. In accordance with California Government Code Section 65639.9, all Existing Development Approvals and Subsequent Development Approvals for any portion of the Project that have a term or expiration shall automatically be extended for a term ending concurrently with the applicable tentative subdivision maps or tentative parcel maps for the Project as set forth in this Section.

2.9 Water Availability. Any final subdivision map prepared for the Property, or any portion of the Property, shall comply with the provisions of Government Code Section 66473.7.

2.10 Schedule of Performance. The Parties acknowledge that the substantial public benefits to be provided by the Developer to the City pursuant to this Agreement are in consideration for, and in reliance upon, assurances that the City will permit development of the Property and Project in accordance with the terms of this Agreement. Accordingly, the City shall not attempt to restrict or limit the development of the Property or Project in any manner that would conflict with the provisions of this Agreement. Without limiting the foregoing, Developer shall not be required to commence or complete construction, or to commence or complete construction within an established period of time, nor shall Developer be required to commence or complete a portion of the Project prior to the release of grading permits, building permits, finalizing of building permits or certificates of occupancy, except as otherwise required by law. The Parties acknowledge that Developer cannot at this time specifically predict when, or the rate at which, the Project will be constructed and completed. Such decisions depend upon numerous factors, which are not within the control of Developer, such as market orientation and demand, availability of financing, interest rates, absorption, competition, and other similar market factors.

Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later-adopted initiative restricting the timing of development to prevail over such parties, it is the intent of City and Developer to cure any possible deficiency in this Agreement arising from the same legal infirmity, by acknowledging and providing that the Developer shall have the vested right to Develop the Project on the Property in such order, at such rate, and at such times during the Term of the Agreement, as the Developer deems appropriate within the exercise of its independent business judgment. In addition to, and not in limitation of, the foregoing or any other provision of this Agreement, it is the intent of the Parties that no City 2068 2514
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moratorium or other similar limitation relating to the rate or timing of the development of the Project or the Property or any portion thereof, whether adopted by initiative, referendum or otherwise, shall apply to the Project or the Property to the extent that such moratorium, referendum or other similar limitation is in conflict or inconsistent, in any way, with this Agreement, the Existing Land Use Regulations or the Existing Development Approvals or would, in any way, delay, hinder, restrict, condition, impair or impede development of the Project or the purpose or effect of Developer’s vested rights.

2.11 Fees, Taxes and Assessments. During the Term of this Agreement, City shall not, without the prior written consent of Developer, which Developer may grant or withhold in its sole and absolute discretion, impose any new or additional fees, taxes or assessments on all or any portion of the Project or Property, except such fees, taxes and assessments as are specifically authorized by this Agreement or the Existing Development Approvals. Notwithstanding the foregoing, this Agreement shall not prohibit the application of new fees, taxes or assessments pursuant to any CFD or other assessment district established within the Project that is proposed and consented to by Developer in its sole and absolute discretion.

2.12 CFD; SCIP. If requested by Developer, City agrees to participate in the formation of one or more CFDs or other public financing mechanisms for the purpose of financing infrastructure, public facilities, Development Impact Fees and/or public services, as requested by Developer, that may be required in connection with development of the Project. It is anticipated that two (2) annual special taxes will be authorized to be levied within each CFD, which shall be referred to herein as the “Facilities Special Tax” and “Services Special Tax.” The “Facilities Special Tax” will be authorized to be levied on all non-governmentally owned assessor’s parcels within each CFD to fund, in order of priority: (i) administrative expenses of the CFD; (ii) scheduled debt service on bonds for the CFD that are issued to fund eligible public facilities and Development Impact Fees (including but not limited to, as may be permitted by the City and other agencies, public facilities in lieu of Development Impact Fees); (iii) replenishment of a reserve fund for the bonds; and (iv) on a pay as you go basis, eligible public facilities and Development Impact Fees (including but not limited to, as may be permitted by the City and other agencies, public facilities in lieu of Development Impact Fees). The “Facilities Special Tax” will be authorized to increase annually by an amount equal to two percent (2.0%). The “Services Special Tax” will be authorized to be levied on assessor’s parcels in the CFD for which a building permit for residential construction and a certificate of occupancy or final inspection has been issued by the City in an initial amount of one hundred and sixty dollars ($160.00) per residential dwelling unit per year, subject to increase annually, beginning on July 1, 2023, by an amount equal to two percent (2.0%). Such financing mechanism may include, but is not limited to, a CFD or assessment district(s) through the California Statewide Communities Development Authority (“CSCDA”). If requested by Developer, City agrees to register for the Statewide Community Infrastructure Program (“SCIP”) offered by CSCDA, and Developer and City shall work together and cooperate in good faith to authorize SCIP financing, including but not limited to authorizing use of the Mello-Roos Community Facilities Act of 1982 by CSCDA and authorizing proceedings and financings for Project financing by CSCDA. City agrees that the maximum effective tax rate for assessor’s parcels within each CFD, including without limitation, the Facilities Special Tax and Services Special Tax, may not exceed two percent (2.0%) of the reasonably expected value of the parcel with planned vertical improvements determined at the time of approval of the CFD and the Rate and Method of Apportionment. If 2069 2515
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requested by Developer, Developer and City shall work together and cooperate in good faith to form such CFDs or other assessment district(s) and to cooperate in good faith to facilitate associated bond financings as requested by Developer.

2.13 Developer’s Representations and Warranties. Developer represents and warrants that, to the best of its knowledge, the following are accurate and true as of the Entry Date of this Agreement:

2.13.1 Title. Developer has entered into a purchase and sale agreement with the Property Owner that as of the Entry Date contemplates three closings, with the first closing comprising approximately seventy (70) acres, the second closing comprising approximately forty (40) acres and the third closing comprising approximately forty eight (48) acres, as such agreement and acreages may be amended or adjusted.

2.13.2 No Legal Actions. No Action to acquire, partition, or quiet title to any interest in the Property, or any Action that is reasonably likely to impair, encumber, or otherwise adversely impact title to the Property or Developer’s rights, title, or interest to or in the Property is pending or otherwise imminent (including written threats to commence such Action), and to the best of Developer’s knowledge there are no facts upon which a third party could reasonable base, maintain, or threaten such an Action.

2.13.3 No Legal Impediments to Agreement. No contract, lease, or other agreement, whether recorded or unrecorded, bars, prohibits, limits or otherwise impairs Developer’s ability to enter into this Agreement and to encumber the Property with this Agreement.

3. PUBLIC BENEFITS

3.1 Public Benefits. The Parties acknowledge and agree that this Agreement confers private benefits on the Developer that should be balanced by commensurate public benefits.

Accordingly, the Parties intend to provide consideration to the public to balance the private benefits conferred on the Developer as forth in this Article 3 and agree that each section of this Article 3 standing alone is sufficient to support the benefits and consideration to the public.

3.2 Option. The General Plan and Leal Master Plan identify a “Lifestyle Center,” more specifically referred to in the Master Plan as the “Downtown” or the “Downtown District,” as an area with a mix of potential complementary commercial, civic, residential and open space uses. The Parties agree to negotiate an option agreement (“Option”) granting City the option to purchase an approximately 9.8-acre downtown lot (Lot 3 of Tentative Tract Map No. 38290) (“Commercial Core” or the “Option Property”), under the terms set forth in the Option and subject to Section 3.2.1. Under the terms set forth in the Option and subject to Section 3.2.1, provided that the Parties approve and enter into the Option, Developer purchases the Option Property and the Parties are not in default under this Agreement or the Option, from the effective date of the Option the City shall have until expiration of the Term to exercise the option to purchase the Option Property in one or more phases, and the Option is assignable to one or more parties.
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3.2.1 The Parties intend to execute and enter into the Option following Developer’s purchase of the Option Property, subject to the terms provided in this Section and provided further that the Option shall not become effective until issuance of the first residential building permit to Developer. The City commissioned an appraisal (“Appraisal”) to establish fair market value for property being granted, dedicated or conveyed by Developer under this Agreement, including the Option Property, to evaluate the value being provided to the City under the Development Agreement and Option, and the Appraisal identified land value to be granted, dedicated or conveyed by Developer that is significantly greater than the commensurate value of DIF Credits Developer anticipates receiving from the City under this Development Agreement, as set forth in Exhibit D. Based on the Appraisal, Exhibit D and receipt of DIF Credits as set forth herein, if the Parties approve the Option, the purchase price for the Option Property shall be Zero Dollars ($0.00), Developer shall receive DIF Credits from the City for the Option Property upon the effective date of the Option based on the fair market value of the Option Property set forth in Exhibit D, and the Parties shall execute and enter into the Option following Developer’s purchase of the Option Property. Based on the value of the Option Property as set forth in the Appraisal, the Development Impact Fees set forth in Exhibit D are fully satisfied for all residential development within the Project, including any residential development within a Project mixed-use development, by the DIF Credits set forth in Exhibit D. If the Parties enter into the Option for the Option Property in accordance with this Section 3.2.1 and thereafter (i) circumstances arise that preclude or render infeasible the provision or application of DIF Credits for the Option Property in the manner provided for in this Agreement, (ii) the City does not or cannot provide the agreed upon DIF Credits for the Option Property in the manner provided for in this Agreement, or (iii) Developer is unable to apply the agreed upon DIF Credits for the Option Property in the manner provided for in this Agreement, then the Parties agree that, upon the request of either Party, they will meet and confer in good faith in a reasonable attempt to modify the Option for the Option Property in light of the changed circumstances in the Parties’ reasonable discretion; provided, however, that in no event shall a Party be required to modify the Option and Developer retains the right to terminate the Option. The circumstances listed in (i), (ii), or (iii), and Developer’s termination of the Option pursuant to this Section 3.2.1, shall not constitute a default under Section 9 of this Agreement. If Developer terminates the Option pursuant to this Section 3.2.1, the Option Property may be Developed by Developer in accordance with the Existing Development Approvals unrestricted by the terms of the Option, and Developer shall only be entitled to receive DIF Credits for land value and land acreage based on grants, dedications or conveyance of land, or binding commitments to convey land, whether under the Agreement, Option or otherwise, occurring before termination of the Option. If the Parties do not approve and enter into the Option, such event shall not constitute a default under Section 9 of this Agreement, the Option Property may be developed by Developer in accordance with the Existing Development Approvals unrestricted by the terms of the Option, and Developer shall only be entitled to receive DIF Credits for land value and land acreage based on grants, dedications or conveyance of land occurring absent the Option. Notwithstanding any other provision or statement contained in this Agreement to the contrary, if the Developer terminates the Option for the Option Property pursuant to this Section 3.2.1, the Developer shall no longer have a vested right to the Development Impact Fees set forth in Exhibit D and the Development Impact Fees applicable to the Project as of the date the Option for the Option Property is terminated shall be the Development Impact Fees that are in effect at the time building permits are issued for Development and Development Impact Fees under Section 4.1.6.1 and Exhibit E 2071 2517
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(if Exhibit E is applicable under Sections 4.1.6 and 4.1.6.1). Notwithstanding any other provision or statement contained in this Agreement, if the Parties do not approve and enter into the Option for the Option Property, the Developer shall no longer have a vested right to the Development Impact Fees set forth in Exhibit D and the Development Impact Fees applicable to the Project shall be the Development Impact Fees that are in effect at the time building permits are issued for Development and Development Impact Fees under Section 4.1.6.1 and Exhibit E (if Exhibit E is applicable under Sections 4.1.6 and 4.1.6.1).

3.3 Downtown Planning Process. The Parties acknowledge the importance of coordinating the planning process for the “Downtown” areas intended for mixed-use development (Lots 2, 4 and 10 of Tentative Tract Map No. 38290) (“Mixed Use Areas”), the area intended to accommodate a city hall, library, police station, public space, open space and other community serving, civic or public uses (within Lots 3 and/or 5 of Tentative Tract Map No. 38290) (“Civic Center”) and the Commercial Core.

3.3.1 Within one (1) month following the later of Project Approval (as defined herein) and execution of the Option, Developer shall provide the City with Two Hundred and Fifty Thousand Dollars ($250,000) for City’s hiring of an architectural/land planning firm to land plan and prepare design guidelines for the Civic Center and Commercial Core. Developer shall also land plan and prepare design guidelines for the Mixed Use Areas concurrent with the Civic Center and Commercial Core land plan and design process for the Parties to coordinate compatibility within the “Downtown” to the extent commercially reasonable. To assist in coordinating compatibility, City shall (i) keep Developer informed on a regular basis as to the status of the Civic Center and Commercial Core land planning and design guidelines, (ii) provide Developer with at least three (3) days’ notice (by e-mail to [email protected]) before any scheduled meetings or telephone calls with the architectural/land planning firm regarding the land planning and design guidelines for the Civic Center and Commercial Core and (iii) allow a Developer representative to attend and participate in such meetings or calls. Both the planning process for the Civic Center and Commercial Core, and the Developer’s planning process for the Mixed Use Areas, shall result in detailed plans equivalent to “Major Development Review” under City Land Development Code Section 120.02.010, as set forth in Section 3.3.3 below.

Notwithstanding the foregoing, if the Parties do not enter into the Option, then Developer shall not be obligated to make such funding available or to otherwise participate in such hiring or planning and the terms of this Section 3.3.1 shall have no force or effect. “Project Approval” for purposes of this Article 3, means that the City has given final approval of the Existing Development Approvals and all appeal periods for such final approval have expired without the filing of any challenge or appeal (or if a challenge or appeal is filed, then “Project Approval” means that the challenge or appeal has been resolved on terms satisfactory to Developer).

3.3.2 [Reserved.]

3.3.3 City shall provide to Developer, for Developer’s review, a detailed plan for the Civic Center, Commercial Core, Lot 5 of Tentative Tract Map No. 38290 (“Lot 5”) and public park, open space and other community serving uses on Lot J of Tentative Tract Map No. 38290 (“Lot J”) that (i) is compatible with and consistent with the Existing Development Approvals (including but not limited to Leal Master Plan Amendment No. 1), (ii) is compatible with and complementary to the Mixed Use Areas, to the extent commercially reasonable, (iii) 2072 2518
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includes precise planning and location of uses within the Civic Center, Commercial Core, Lot 5 and Lot J, with such location of uses to be compatible with and complementary to the nonresidential uses within the Mixed Use Areas, (iv) includes a “main street” concept, (v) includes design guidelines for the Civic Center, Commercial Core, Lot 5 and Lot J, and (vi) includes the materials required for “Major Development Review” under City Land Development Code Section 120.02.010 (collectively, the “Commercial Core Plan”). The Parties shall reasonably cooperate with each other in the review process and avoid unreasonable delay. Following Developer’s review of the Commercial Core Plan and coordination between the Parties, City shall sponsor and process Major Development Review for the decision-making body under City Land Development Code Section 120.02.010 as an applicant or as a co-applicant with a builder of the Commercial Core or Civic Center.

3.3.4 Developer shall submit one or more applications for Major Development Review for one or more of the Mixed Use Areas (individually a “Mixed Use Area Plan,” and collectively, the “Mixed Use Areas Plan”), under City Land Development Code Section 120.02.010. The location of the non-residential portions of the Mixed Use Areas shall be compatible with and complementary to the location of the non-residential uses within the Commercial Core, Lot J and Lot 5, to the extent commercially reasonable and provided that such non-residential uses within the Commercial Core, Lot J and Lot 5 are clearly identified in advance of the submittal of a Mixed Use Area Plan, which may occur at any time, in order for the Mixed Use Area Plan to address such location. In no event shall the planning, review or approval of the Commercial Core Plan delay or restrict a Mixed Use Area Plan from review and approval. Each Mixed Use Area Plan shall show either land area accommodation for or actual non-residential square footage equal to a floor area ratio (“FAR”) of 0.10 of the applicable lot on Tentative Tract Map No. 38290 included in the Mixed Use Area Plan. If a Mixed Use Area Plan shows accommodation for or actual non-residential square footage in excess of 0.10 FAR on lot 2, 4 or 10 of Tentative Tract Map No. 38290, then such excess FAR may, in Developer’s discretion, be credited to and applied against the FAR requirement for other lots in the form of a reduction in the FAR requirement for lots 2, 4 or 10 of Tentative Tract Map No. 38290.

3.4 Civic Center, Lot J and Lot 5 Dedications or Conveyances. Developer shall (i) grant, dedicate or otherwise convey Lot 5 to City in fee simple or include Lot 5 under the terms governing the Option through an amendment to the Option (without an extension of the then remaining term and time for the Option rights specified in Section 3.2 above) and (ii) grant, dedicate or otherwise convey Lot J to City in fee simple or include Lot J under the terms governing the Option through an amendment to the Option (without an extension of the then remaining term and time for the Option rights specified in Section 3.2 above), following the latter of (a) and (b), and provided the following conditions in (a) and (b) have occurred:
(a) City takes action to ensure that no “public agency” (as defined in City Land Development Code Section 130.20.020 and Government Code Section 66477) other than City has authority to determine and receive dedications and fees and to issue and determine fee credits pursuant to City Land Development Code Section 130.20.020 and Government Code Section 66477, to the Parties’ reasonable satisfaction, and the expiration of the challenge and appeal periods for such action(s) has occurred before the earlier of (i) final map recordation, (ii) approval of a further tentative subdivision map or (iii) approval of a further Major Development Review and 2073 2519
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(b) Developer’s completion of the improvements identified in Section 3.6 below.

If the City takes action in accordance with clause (a) above and a challenge or appeal is filed and not dismissed in its entirety with prejudice before the earlier of (i) final map recordation, (ii) approval of a further tentative subdivision map or (iii) approval of a further Major Development Review, if the pendency of a challenge or appeal interferes with the City’s ability to provide, or Developer’s ability to apply, the credits under Section 4.1.6.1, as determined by Developer in its reasonable discretion, then during the pendency of the challenge or appeal Developer shall include Lots 5 and J under the terms governing the Option through an amendment to the Option as provided above, but City agrees (1) City shall not exercise its rights under the Option as to Lot J or Lot 5, including but not limited to exercising rights to purchase Lots J or 5 or assigning the Option to a third party with respect to Lots J or 5, (2) City shall place any park dedication and improvement fees paid by Developer for the Project pursuant to this Agreement into an escrow account or shall otherwise restrict and prohibit City’s ability to expend such fees (as the Parties may specify further pursuant to an operating memorandum), and (3) City shall continue to process and approve any Subsequent Development Approvals for the Project pursuant to Section

2.4, unless prohibited from doing so by court order, and to proceed under the terms of Section

2.12, without delay. If, upon conclusion of the challenge or appeal of the action taken in accordance with clause (a), the matter is resolved in a manner that does not interfere with City’s ability to provide, or Developer’s ability to apply, the credits under the terms of Section 4.1.6.1, then the limitations on the City in (1) and (2) shall be lifted. If the condition in clause (a) above is not satisfied and interferes with the City’s ability to provide, or Developer’s ability to apply, the credits under Section 4.1.6.1, as determined by Developer in its reasonable discretion, or if a court order prohibits City from processing and approving any Subsequent Development Approvals, or if the challenge or appeal of the action taken in accordance with clause (a) is resolved in a manner that interferes with the City’s ability to provide, or Developer’s ability to apply, the credits under the terms of Section 4.1.6.1 as determined by Developer in its reasonable discretion, then the Parties, upon request of either Party, shall meet and confer in good faith in a reasonable attempt to negotiate an amendment to this Agreement and/or the Option with respect to Lot J and/or Lot 5 and the terms of Section 4.1.6.1. If the Parties are not able to reach an agreement during the meet and confer process, the Developer shall not be required to grant, dedicate or convey Lots 5 and J to the City, may terminate the Option with respect to Lots 5 and J, may apply any fees that were placed into the escrow account or otherwise restricted or prohibited towards fees under Section 4.1.6.2 (or as otherwise set forth pursuant to an operating memorandum) and may proceed with Development of Lots 5 and J in accordance with the Existing Development Approvals unrestricted by the terms of the Option, and the Parties shall not be in default under Section 9 of this Agreement for not granting, dedicating or conveying Lots 5 and J, for terminating the Option, for not providing the credits under Section 4.1.6.1 or for Developer proceeding with Development of Lots 5 and J, and the Project shall be subject to Section 4.1.6.2. Further, notwithstanding any other provision or statement contained in this Agreement to the contrary, if the Developer does not grant, dedicate or convey Lot J or Lot 5 to the City, does not include Lot J or Lot 5 under the terms governing the Option, or terminates the Option with respect to Lot J or Lot 5 pursuant to this Section 3.4, the Developer shall no longer have a vested right to the Development Impact Fees set forth in Section 4.1.6.1 and Exhibit E, and the Project shall be subject to those parkland dedication and improvement impact fees that that are in effect at the time building permits are issued for Development, as provided for in Section 4.1.6.2.
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If the Developer grants, dedicates, conveys or includes Lot 5 under the terms governing the Option, development or use of Lot 5 for residential purposes shall be prohibited unless Developer provides written consent, not to be unreasonably withheld, conditioned or delayed.

City shall promptly and unconditionally accept Developer’s grant, dedication or conveyance of Lot J and Lot 5, if such grant, dedication or conveyance occurs, and provided that title is conveyed to the City free of monetary liens or easements that materially and adversely impact or prohibit City’s ability to use the land for public purposes. At Developer’s request, City shall promptly execute an amendment to the Option that includes Lot 5 and/or Lot J.

3.5 Fire Station Dedication. The Existing Development Approvals have identified an approximately 1.223-acre parcel (Lot 14 of Tentative Tract Map No. 38290) as the site for a fire station (“Fire Station Parcel”). Developer shall grant, dedicate or otherwise convey the Fire Station Parcel to City in fee simple promptly following Developer’s completion of the improvements identified in Section 3.7 below. Title to the Fire Station Parcel shall be conveyed to the City free of monetary liens or easements that materially and adversely impact or prohibit City’s ability to use the land for its intended purposes. City shall promptly and unconditionally accept Developer’s grant, dedication or conveyance of the Fire Station Parcel for City’s future development of the Fire Station Parcel.

3.6 Commercial Core, Civic Center and Lot J Improvement. Within thirty (30) days following Project Approval, City shall provide Developer a metes and bounds description with the City’s preferred location for utility connections to be stubbed to the Commercial Core property boundary, Lot 5 property boundary and Lot J property boundary. Developer shall improve the Commercial Core, Lot 5 and Lot J in Blue Top Condition and shall include backbone wet and dry utilities stubbed to the Commercial Core property boundary, Lot 5 property boundary and Lot J property boundary at the City’s preferred location (and if such location is not provided by City in accordance with this Section 3.6, then at such location as determined by Developer in its reasonable discretion) prior to the issuance of the Project’s first (1st) residential building permit. Developer shall construct the following roadways in accordance with the Existing Land Use Regulations and Existing Development Approvals prior to the issuance of the Project’s first (1st) residential certificate of occupancy: (i) lot H of Tentative Tract Map No. 38290 from Hamner Avenue to the northern boundary of Lot 5 and (ii) lot G of Tentative Tract Map No. 38290 from Limonite Avenue to the western boundary of Lot 5 (collectively, the “Commercial Core Roadways”). For purposes of this Article 3, “Blue Top Condition” shall mean and refer to grading the land with pad elevation tolerance to 0.2’ accuracy vertically, and with horizontal tolerance to 0.5’ accuracy for the tops and toes of slopes, in accordance with the rough grading plans (but excluding precise grading) approved by the City in its regulatory capacity, and as approved by the City to be in accordance with the rough grading plan, with a pad certified concerning line and grade by the “Civil Engineer,” and certified concerning compaction by the “Soils Engineer,” with such certifications addressed to both Developer and City. For purposes of this Article 3, “Civil Engineer” and “Soils Engineer” shall mean, respectively the civil engineer and soils engineer engaged by Developer.

3.7 Fire Station Improvement. Leal Master Plan Amendment No. 1 Chapter 6 identifies a phasing plan that may be amended from time to time (“Phasing Plan”). Developer shall improve the Fire Station Parcel in Blue Top Condition and provide a means of ingress and 2075 2521
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egress to the Fire Station Parcel sufficient for the operation of the parcel as a fire station prior to the issuance of the Project’s first (1st) residential certificate of occupancy in “phase 2.”

3.8 [Reserved.]

3.9 Park and Recreational Areas. The Project includes approximately 6.966 acres of park, linear park, trail and open space uses (lots M through S of Tentative Tract Map No. 38290) that will be privately owned and maintained by one or more private owners association formed for the Project and available for public use, as set forth further in a declaration of covenants, conditions and restrictions for the owners association, which shall be reviewed and approved by the City. The terms for public use may be set forth under the terms of a separate written agreement between City and either the Developer or one or more private owners association formed for the Project. Lot P of Tentative Tract Map No. 38290 is subject to an easement that may preclude it from being developed and used as a linear park.

3.10 Housing Types and Housing Need. The Project includes a range of potential housing product types (including but not limited to front loaded zero-lot line homes, rear loaded homes, detached cluster homes, row townhomes, attached motor court homes and apartments), and range of potential housing sizes. As of the Entry Date, the City is required to identify sites to accommodate 3,028 new housing units at varying ranges of density throughout the City for the 2021-2029 planning period to meet its Regional Housing Needs Assessment (“RHNA”) allocation. To assist the City in the City meetings its RHNA requirement, the City identified 1,390 new housing units on the Property in its 2021-2029 Housing Element with a minimum net density of 20 dwelling units per acre. This Project satisfies income categories based on density.

For illustration purposes, and as set forth further in the Leal Master Plan Amendment No. 1, the Project currently proposes (i) a minimum density of 31 dwelling units per acre over 21 acres within the Mixed Use Areas (totaling 660 units over 21 acres), and these associated dwelling units may be allocated evenly across each mixed use planning area or clustered in one or more mixed use planning area provided the net density of any individual project does not exceed 40 dwelling units per acre and (ii) within the remaining approximately 87.54 acres of residential and residential serving uses (lots 1, 6, 7, 8, 9, 11, 12, 13, K and L of Tentative Tract Map No. 38290), 730 dwelling units at a minimum net density of 20 dwelling units per acre, and these associated dwelling units may be allocated within one or more residential planning area provided the net density of any individual project does not exceed 40 dwelling units per acre. To the extent consistent with market conditions, Developer shall not leave rental dwellings to the last phase of construction and instead, to the extent consistent with market conditions, shall either provide the majority of rental units in the early phases of construction phasing or provide a range of housing types, including rental units, to be offered concurrently.

3.11 Hamner Avenue. Developer shall use commercially reasonable efforts to secure land to be dedicated for right-of-way (portion of Lot A as shown on TTM 38290) outside of “phase 1” on Hamner Avenue from Eastvale Gateway to 58th Street (“Additional R/W”).

Should Developer be successful in acquiring the Additional R/W, Developer shall complete only roadway improvements (travel lanes, curb, gutter) within the Additional R/W in a reasonable timeframe following acquisition of the Additional R/W. If Developer is unable to secure the Additional R/W and the City acquires the Additional R/W in accordance with applicable laws, Developer shall complete only roadway improvements (travel lanes, curb, gutter) within the 2076 2522
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Additional R/W in a reasonable timeframe following City’s acquisition of the Additional R/W.

Following acquisition of the Additional R/W by either Developer or City, the off-site subdivision improvement bond for the off-site roadway improvements within “phase 1” shall be amended to include bonding for the roadway improvements included within the Additional R/W area.

3.12 The Existing Development Approvals identify 9.424 acres of right-of-way for dedication (“ROW Dedication”). The ROW Dedication shall be dedicated by Developer to City in accordance with the Existing Development Approvals and promptly accepted by the City.

4. IMPROVEMENTS AND CREDITS

4.1 Improvements; DIF Credits. Developer shall undertake the design, construction and installation of the public improvements required to be provided by Developer under this Agreement and the Existing Development Approvals in accordance with Developer’s phasing and development schedule. Any such improvement work shall be performed under the direction and supervision of Developer. City shall cooperate with Developer for the purpose of coordinating all public improvements constructed under the Existing Development Approvals or this Agreement, whether located within or outside of the Property. In no event shall Developer be obligated to undertake the design, construction and installation of the Commercial Core, the Civic Center, Lot J, Lot 5 or Fire Station. Developer is not obligated to provide any additional public improvements except for those public improvements required of Developer by this Agreement and the Existing Development Approvals. City shall issue DIF Credits to Developer as set forth in this Agreement. DIF Credits shall be applied to the Project’s obligation to otherwise pay Development Impact Fees or dedicate land or improvements for the residential development within the Project. Based on the value of the property being granted, dedicated or otherwise conveyed by Developer as set forth in the Appraisal, except as set forth in Sections

3.2.1, 3.4 and 4.1.6 of this Agreement, Development Impact Fees are fully satisfied for all residential development within the Project, including any residential development within a Project mixed-use development, by the DIF Credits. DIF Credits as described in this Agreement are provided to and for the benefit of The New Home Company Southern California LLC, a Delaware limited liability company. DIF Credits may be transferred or sold by The New Home Company Southern California to a third-party, including but not limited to a successor Developer, for such third-party’s use in The New Home Company Southern California’s discretion. City will issue the following DIF Credits to The New Home Company Southern California LLC under the terms set forth below:

4.1.1 The Existing Development Approvals identify an approximately 1.223- acre Fire Station Parcel (Lot 14 of Tentative Tract Map No. 38290). Based on the City’s Appraisal and Exhibit D, Developer shall receive DIF Credits as set forth on Exhibit D to be applied towards the Development Impact Fees in exchange for the Fire Station Parcel.

4.1.2 [Reserved.]

4.1.3 [Reserved.]

4.1.4 Lot 3 of Tentative Tract Map No. 38290 (approximately 9.8 acres) is available for future development as Commercial Core (which may include Civic Center) under 2077 2523
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the terms set forth in the Option and subject to Section 3.2.1. Based on the City’s Appraisal and Exhibit D, and subject to Section 3.2.1, Developer shall receive DIF Credits from the City for the Commercial Core, upon the effective date of the Option, as set forth on Exhibit D to be applied towards the Development Impact Fees in exchange for the Commercial Core.

4.1.5 [Reserved.]

4.1.6 Lot J and Lot 5 have been identified to accommodate a city hall, library, police station, public space, public park, open space and/or other community serving, civic or public uses, subject to Section 3.4 (including but not limited to the conditions in Section 3.4) and this Section. If Developer grants, dedicates or otherwise conveys Lot J and/or 5 to the City or includes Lot J and/or 5 under the terms governing the Option through an amendment to the Option in accordance with Section 3.4, then Developer shall receive credit from the City on an acre per acre basis applied against and credited towards the Project’s park and recreation dedication requirements in accordance with Section 4.1.6.1 below upon the earlier of (i) the grant, dedication or conveyance to the City or (ii) the effective date of an amendment to the Option adding the acreage to the Option (which shall not occur before issuance of a building permit), in exchange for Lot 5 and/or J. If Developer does not grant, dedicate or otherwise convey Lot J and/or 5 to the City, does not include Lot J or Lot 5 under the terms governing the Option through an amendment to the Option, or terminates the Option with respect to Lot J or Lot 5 in accordance with Section 3.4, then the terms of park, open space, recreation and improvement fees and dedication requirements shall be governed by Section 4.1.6.2.

4.1.6.1 Park Dedication and In-Lieu Fee; Park Improvement Fee.

4.1.6.1.1 Park Dedication and In-Lieu Fee.

The Project’s maximum park, open space and recreation dedication requirements under this Section, including under City Land Development Code Section 130.20.020, as such provision may be amended, revised or replaced, Government Code Section 66477 and Government Code Sections 66000 et seq. (Mitigation Fee Act), are specified in Exhibit E. City approves the following credits for the Project against the obligation to provide park, open space and recreation dedication, with the credits granted upon a phase by phase basis or as provided otherwise in this Agreement: (i) acre for acre credit for on-site land that is available for public use; (ii) acre for acre credit for Lot J (if granted, dedicated or conveyed to the City or included in the Option); (iii) acre for acre credit for Lot 5 (if granted, dedicated or conveyed to the City or included in the Option); and (iv) one-half acre credit for private recreational facilities or private open space. Remaining park, open space and recreation dedication under this Section not satisfied by the dedications provided in clauses (i) through (iv) shall be satisfied in one or more of the following manners and as provided further in the subsequent paragraph: (a) providing additional park, trail, open space or private recreational facilities or private open space within the Project; (b) providing off-site acreage and/or improvements approved by the City under separate agreement; (c) incurring construction costs (as defined in Section 4.1.6.1.2) for park, trail, open space or private recreational facilities or private open space within the Project or off-site, which shall be converted to acres of credit based upon a factor of five hundred thousand dollars ($500,000) per acre (for example, construction costs of $750,000 shall convert to 1.5 acres of credit); and/or (d) payment of an in-lieu fee in the amount of five hundred thousand dollars ($500,000) per acre.
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At the time of Major Development Review for phase 1 and each subsequent phase, City and Developer shall determine the following: (i) the amount of park, open space and recreation dedication obligation based upon the number of units and type of units within the phase in accordance with the methodology described in Exhibit E; (ii) the amount of park, trail, open space or private recreational facilities or private open space identified within the phase; and (iii) the amount of park, trail, open space or private recreational facilities or private open space within the phase eligible for and to receive credit in the Parties’ reasonable discretion and in accordance with the terms of this Section and Exhibit E. If the amount of credit for a phase exceeds the obligation for the phase after application of credits for the phase and, for the first phase, credit for Lot J and 5 (if granted, dedicated or conveyed to the City or included in the Option), the surplus credit shall be carried forward by the Parties and applied against future obligations in subsequent Project phases. If the amount of obligation exceeds the credits for the phase after application of credits, then Developer may satisfy the remaining obligation for the phase in one or more of the following manners: (a) providing additional park, trail, open space or private recreational facilities or private open space within the Project for credit; (b) providing off-site acreage and/or improvements approved by the City under separate agreement for credit; (c) incur construction costs (as defined in Section 4.1.6.1.2) for park, trail, open space or private recreational facilities or private open space approved by the City within the Project or off-site, which shall be converted to acres of credit based upon a factor of five hundred thousand dollars ($500,000) per acre (for example, construction costs of $750,000 shall convert to 1.5 acres of credit); and/or (d) payment of an in lieu fee totaling five hundred thousand dollars ($500,000) per acre, converted to a per unit fee payable at the issuance of a building permit per individual building in the phase.

4.1.6.1.2 Park Improvement Fee.

The Project’s maximum park, open space and recreation improvement requirements under this Section, including as authorized under City Land Development Code Section 130.20.020, as such provision may be amended, revised or replaced, Government Code Section 66477 and Government Code Sections 66000 et seq. (Mitigation Fee Act), (the “Parkland Improvement Fee”) are specified in Exhibit E and this Section. City approves a dollar for dollar credit against the Park Improvement Fee for (i) construction costs for constructing public park, trail or open space within the Project and (ii) construction costs for constructing off-site public park, trail or open space improvements, as provided further in the subsequent paragraph. City approves a half-dollar credit for each dollar expended against the Park Improvement Fee for (i) construction costs for private recreational facilities or open space within the Project, or (ii) construction costs for constructing off-site private recreational facilities or open space as provided further in the subsequent paragraph. For purposes of this Section, “construction costs” shall include hard costs, including design, construction, installation, obtaining and maintaining in effect security instruments for such improvements, and soft costs, including contingency allowances and project management and administration fees.

At the time of Major Development Review for phase 1 and each subsequent phase, the Developer shall provide a conceptual park improvement plan and an estimate of improvement construction costs prepared by a reputable landscape contractor. The landscape contractor shall calculate improvement construction costs and shall use costs based on industry standards. The City may rely on a third party for review of the construction costs. City shall review and approve, conditionally approve or disapprove the construction costs in its reasonable discretion 2079 2525
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and in accordance with this Agreement and Exhibit E. Upon approval or conditional approval, the construction costs shall be credited against the Park Improvement Fee on a dollar for dollar basis (for example, one dollar of construction costs equals one dollar of Park Improvement Fee credit, subject to the exception for private facility construction costs). If the amount of credit for a phase exceeds the obligation for the phase after application of credits, the surplus credit shall be carried forward by the Parties and applied against future obligations in subsequent Project phases. If the amount of obligation exceeds the credits for the phase after application of credits, then Developer may satisfy the remaining obligation for the phase in one or more of the following manners: (a) constructing park, trail, open space or private recreational facilities or private open space within the Project for construction costs credit; (b) constructing off-site park, trail, open space or private recreational facilities or private open space improvements approved by the City under separate agreement for construction costs credit; and/or (c) payment of a Parkland Improvement Fee totaling five hundred thousand dollars ($500,000) per acre, converted to a per unit fee payable at the issuance of a building permit per individual building in the phase.

4.1.6.2 If Developer does not grant, dedicate or otherwise convey Lot J and/or 5 to the City, include Lot J or Lot 5 under the terms governing the Option through an amendment to the Option, or terminates the Option with respect to Lot J or Lot 5 in accordance with Section 3.4 then, notwithstanding any other provision or statement contained in this Agreement to the contrary, the Developer shall no longer have a vested right to the park, open space, recreation and improvement fees forth in Section 4.1.6.1 and Exhibit E, and the Project shall be subject to such park, open space, recreation and improvement fees that that are in effect at the time each building permit is issued for Development of the Project and such park, open space and recreation dedication requirements that are in effect at the time of submittal of a further tentative subdivision map or Major Development Review.

4.1.7 City shall utilize its reasonable best efforts to assist Developer in receiving credit to apply towards TUMF fees and MLRBA fees based on applicable land dedication and improvements, including but not limited to dedications for and improvements to Limonite and Hamner Avenues.

4.2 Additional Credits, Reimbursements & Reimbursement Agreements. Without limiting anything set forth in this Agreement, if, and to the extent that, the Developer dedicates land, constructs or installs any infrastructure and/or facilities that have a capacity or size in excess of that required to serve the Project or to mitigate its impacts, or that exceed Developer’s fair share obligation, including but not limited to roadway widening, traffic signals and utilities, the City shall require benefitted parties and properties to reimburse the Developer for all costs and expenses incurred by the Developer in constructing or installing improvements, and land value, for that portion of the dedications, public facilities and/or infrastructure as set forth further herein. Such reimbursement shall be paid to the Developer at the earliest opportunity by means of reimbursement or, at Developer’s election, by means of additional DIF Credit. The City further shall adopt ordinances, including but not limited to those authorized by Government Code §§ 66485 et seq., as may be required in order to impose a reimbursement obligation on other parties and properties which may be served or benefited by the oversized infrastructure or facilities. City shall impose a reimbursement obligation upon benefitted parties and properties at the earliest opportunity as a condition of approval for any discretionary land use application equal to the fair share obligations imposed upon the benefitted parties and properties. 2080 2526
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5. RESERVATION OF AUTHORITY

5.1 Federal and State Laws. Notwithstanding any other provision in this Agreement to the contrary, the Project shall be subject to subsequently enacted State or federal laws or regulations that preempt the City’s ordinances, resolutions, rules, regulations, and policies, or require the same be amended, or require the City to adopt new ordinances, resolutions, rules, regulations, and policies. As provided in California Government Code Section 65869.5, in the event State or federal laws or regulations enacted after the Entry Date prevent or preclude compliance with one or more provisions of this Agreement, such provisions shall be modified or suspended as may be necessary to comply with such State or federal laws or regulations. Upon discovery of a subsequently enacted federal or State law meeting the requirements of this Section, City or Developer shall provide the other Party with written notice of the State or federal law or regulation, and a written statement of the conflicts thereby raised. Promptly thereafter, City and Developer shall meet and confer in good faith in a reasonable attempt to modify this Agreement, as necessary, to comply with such federal or State law or regulation provided City and Developer shall not be obligated to agree to any modification materially increasing its respective obligations or materially adversely affecting its respective rights and benefits hereunder. In such discussions, City and Developer will attempt to preserve the terms of this Agreement and the rights of Developer derived from this Agreement to the maximum feasible extent while resolving the conflict. If the Parties are not able to agree on modifications to this Agreement after meeting and conferring in good faith and City, in its reasonable judgment, determines it necessary to modify this Agreement to address such conflict, City shall have the right to unilaterally modify this Agreement, and shall not have any liability to Developer for doing so or be considered in breach or default of this Agreement; provided, however, that in such event, and if Developer’s obligations are materially increased, or the cost of the Project materially increases or if Developer’s rights and benefits hereunder are materially adversely affected, Developer may terminate this Agreement and/or the Option in Developer’s discretion and shall not have any liability for doing so or be considered in breach or default. If Developer terminates the Option in accordance with this Section, Developer shall only be entitled to receive DIF Credits for land value and land acreage based on grants, dedications or conveyance of land, or binding commitments to convey land, whether under the Agreement, Option or otherwise, occurring before termination of the Option. City also agrees to process, in accordance with the provisions of this Agreement, Developer’s proposed changes to the Project that are necessary to comply with federal or State law and that such proposed changes shall be conclusively deemed to be consistent with this Agreement without further need for any amendment to this Agreement and vested in the same manner as provided in this Agreement for the Existing Development Approvals.

5.2 Reservation of Authority. Notwithstanding any other provision of this Agreement, the City reserves its authority to impose any of the following rules, policies, regulations, ordinances, or requirements on Development of the Project:

5.2.1 Processing Fees. Developer shall pay City’s customary and typical fees for processing applications to recover the City’s costs associated with application processing and review consistent with the City’s adopted fee schedule then in effect. 2081 2527
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5.2.2 Procedural Requirements. Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals, and any other matter of procedure.

5.2.3 Taxes of General Applicability. Any law, ordinance, or resolution that imposes a general or special tax of general applicability to be applied uniformly to business in the City, whether such tax is for licensing or other purposes.

5.2.4 Uniform Codes. This Agreement does not prevent the City from adopting and amending in compliance with State law certain uniform codes or uniform standards which are based on recommendations of a multi-state professional organization and which become applicable throughout the City -- including the Project and the Property subject to this Agreement. Such Uniform Codes include, but are not limited to, the Uniform Building Code, Uniform Mechanical Code, National Electrical Code and Uniform Fire Code.

5.2.5 Regulation by Other Public Agencies. It is acknowledged by the Parties that other public agencies not within the control of City possess authority to regulate aspects of the development of the Property separately from or jointly with City and this Agreement does not limit the authority of such other public agencies.

5.2.6 Police Power. In all respects not provided for in, or limited by, this Agreement, the City shall retain full rights to exercise its police power to regulate the Development of the Property, and any uses requiring a site plan, tentative tract map, master plan, or other discretionary permit or approval as required pursuant to the Existing Land Use Regulations or Existing Development Approvals. The City’s discretion with respect to such actions shall be exercised consistent with the Developer’s vested rights under this Agreement and the terms of this Agreement. The City acknowledges, pursuant to Government Code Section 65865.2, that the conditions, terms, restrictions and requirements for subsequent discretionary actions or permits shall not prevent Development of the Property in accordance with this Agreement or for the uses and to the density or intensity of Development set forth in this Agreement.

5.3 Changes and Amendments. Amendments of this Agreement shall be subject to the following:

5.3.1 Amendment or Cancellation of Agreement. This Agreement may be amended or canceled in whole or in part only by mutual consent of the Parties and in the manner provided for in Government Code Sections 65868, 65867, and 65867.5. The provisions of this Section do not impact the right of a Party to terminate this Agreement in accordance with Sections 9.8, 9.9 or 9.10 or because of breach or failure to comply in good faith with the requirements of this Agreement.

5.3.2 Review by City Council. Any amendment to this Agreement shall require review and approval by the City Council.

6. RIGHTS OF MORTGAGEES.
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6.1 Mortgagee Protection. Neither entering into this Agreement nor committing a default under this Agreement shall defeat, render invalid, diminish, affect the priority or impair the lien of mortgagees having a mortgage on any portion of the Property made in good faith and for value. No mortgagee shall have an obligation or duty under this Agreement to perform Developer’s obligations, or to guarantee such performance prior to any foreclosure or deed in lieu of foreclosure, but upon acquiring the right to possession pursuant to a mortgage on the Property or any portion thereof, the mortgagee shall be subject to the terms and conditions of this Agreement. Notwithstanding the foregoing, mortgagee shall have no obligation or duty under this Agreement to construct or complete the construction of improvements, or to guarantee such construction or completion thereof; provided, however, that mortgagee shall not be entitled to devote the Property to any uses or to construct any improvements thereon other than those improvements provided for or authorized by this Agreement. The term of this Agreement shall not be extended based on the fact that a mortgagee held title to the Property for all or any part of the term of this Agreement. For purposes of this Agreement, “mortgagee” shall mean and include a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security device, a lender, or each of their respective successors and assigns.

6.2 Notice of Default to Mortgagee; Right to Cure.

6.2.1 If the City Clerk timely receives notice from a mortgagee requesting a copy of any notice of default given to Developer under the terms of the Agreement, the City shall provide a copy of that notice to the mortgagee concurrently with sending the notice of default to Developer. City shall have no liability for damages or otherwise to Developer, Developer’s successor, or to any mortgagee or successor therefor for failure to provide such notice.

6.2.2 The mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from the City to cure or remedy, or to commence to cure or remedy, the default unless a further extension of time to cure is granted in writing by the City. However, a mortgagee, to avail itself of the rights provided by this Section, must notify the City in writing of its intent to attempt to remedy or cure within forty-five (45) days of the date of the notice of default from City to mortgagee. A failure by a mortgagee to provide such timely notice to City shall extinguish the rights and protections provided by this Section.

6.3 Mortgagee Rights. The Parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust, or other security device securing financing with respect to the Property. City acknowledges that the lenders providing such financing may require certain Agreement subordinations, interpretations and modifications and agrees upon request, from time to time, to meet with the Developer and representatives of such lenders to negotiate in good faith any such request for subordination, interpretation or modification. City will not unreasonably withhold its consent to any such requested subordination, interpretation or modification provided such subordination, interpretation or modification is consistent with the intent and purposes of this Agreement.

Developer shall reimburse City for any and all of City’s reasonable costs associated with said negotiations, interpretations, and modifications and shall make reimbursement payments to City within thirty (30) days or receipt of an invoice from City. 2083 2529
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7. INDEMNITY

7.1 Participation in Litigation: Indemnity. The Developer shall indemnify, protect and defend the City and its elected boards, commissions, officers, agents and employees (each, an “Agent”) and will hold and save them and each of them harmless from any and all Claim or Litigation (including but not limited to reasonable attorneys’ fees and costs) against the City and/or Agent for any Claim or Litigation and shall be responsible for any judgment arising therefrom except to the extent arising from the gross negligence or willful misconduct of the City or Agent. The City shall provide the Developer with notice of the pendency of such action and shall request that the Developer defend such action. The Developer may select legal counsel providing the Developer’s defense and it is expressly agreed that the City shall have the right to approve separate legal counsel providing the City’s defense. The Developer shall reimburse City for any reasonable attorneys’ fees, costs and expenses incurred by the City in the course of the defense. Developer agrees that City will forward monthly invoices to Developer for attorneys’ fees, costs and expenses it has incurred related to its defense of any Claim or Litigation and Developer agrees to timely payment within thirty (30) days of receipt of the invoice. City shall cooperate with Developer in the defense of any Claim or Litigation.

The Developer’s obligation to pay the cost of the action, including judgment, shall extend until judgment. After judgment in a trial court, Developer may determine as to whether any appeal will be taken or defended. The Developer shall have the right, in its sole and absolute discretion, to determine it does not want to defend any litigation, or appeal any judgment, in which case the City shall allow the Developer to settle the litigation on whatever terms the Developer determines, in its sole and absolute discretion, but Developer shall confer with City before acting and cannot bind City. In that event, the Developer shall be liable for any costs incurred by the City up to the date of settlement but shall have no further obligation to the City beyond the payment of those costs. In the event of an appeal, or a settlement offer, the Parties shall confer in good faith as to how to proceed.

7.2 Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement for any reason unless the basis for the termination of the Agreement was for the City’s default.

8. PERIODIC REVIEW PROCEDURE

8.1 Timing. Pursuant to Government Code Section 65865.1, City shall review Developer’s compliance with the terms, conditions, and covenants of this Agreement. Such review shall be undertaken at least once during every twelve (12) month period from the Effective Date of this Agreement. The Developer or successor shall reimburse City for the reasonable and necessary costs of this review, excluding cost incurred under Article 9 [Default and Enforcement], within thirty (30) days of written demand from City.

8.2 Evidence for Annual Review. Within thirty (30) days of City’s written request, Developer shall deliver to City evidence to demonstrate the Developer’s good faith compliance with the terms of this Agreement. The City shall bear no responsibility or obligation to research, investigate, or otherwise obtain evidence of Developers good faith compliance with this Agreement. It shall be Developer’s sole responsibility and obligation to provide evidence of its 2084 2530
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good faith compliance with this Agreement upon City’s written request. Prior to making a determination, the City shall make available to the Developer any public staff reports and documents to be used or relied upon by City to determine Developer’s good faith compliance with this Agreement. The Developer shall be permitted an opportunity to respond to the City’s evaluation of its performance, either orally or at a public hearing or in a written statement. Such response shall be made to the Director or its designee for purposes of review of compliance with this Agreement.

8.3 Certificate of Compliance. With respect to each year for which an annual review of compliance with this Agreement is conducted, and for which the City has determined that Developer is in good faith compliance with this Agreement, the City, upon written request of the Developer, shall provide Developer with a written certificate of good-faith compliance, in recordable form, duly executed and acknowledged by the City. The Developer shall have the right, in the Developer’s sole discretion, to record this notice of compliance. In addition, at any time during the term of this Agreement, any mortgagee or Party may request the other Party to confirm that (1) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications); (2) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults; and (3) any other information reasonably requested. Each Party hereby agrees to provide the foregoing confirmation to such mortgagee or other Party within thirty (30) days of receipt of the written request therefor. The failure of any Party to provide the requested confirmation within such thirty (30) day period shall constitute a confirmation that this Agreement is in full force and effect without modification except as may be represented by the requesting Party and that to the best of such Party’s knowledge, no defaults exist under this Agreement, except as may be represented by the requesting Party.

9. DEFAULT AND ENFORCEMENT

9.1 Default. Either Party’s failure or unreasonable delay in performing any term, provision or covenant of this Agreement constitutes a default of this Agreement. In the event of a default, the injured Party shall give written notice of default to the defaulting Party, specifying the default. If the defaulting Party fails to cure the default within forty-five (45) business days after receipt of a notice of default, or, if the default is of a nature that cannot be cured within forty-five (45) business days, the defaulting Party fails to commence to cure the default within said forty-five (45) business days and thereafter diligently prosecute such cure to completion, then the defaulting Party may be liable to the injured Party for any and all damages actually and necessarily caused by such default, unless otherwise provided for by this Agreement.

9.2 Default by Developer. Developer is in default under this Agreement upon the happening of one or more of the following events or conditions and failure to cure such default in accordance with Section 9.1 hereof:

9.2.1 If a warranty or representation made or furnished by Developer to City is false or proves to have been false in any material respect when it was made. 2085 2531
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9.2.2 More than forty-five (45) days have passed since City’s making of a written request to Developer for payment or reimbursement for a fee or service that is due and payable for payment or reimbursement and authorized or agreed to pursuant to this Agreement.

9.2.3 Substantial evidence supports that Developer failed to substantially comply with any material term, condition, or covenant of this Agreement.

9.2.4 Subject to Section 10.3, Developer assigns or attempts to assign the Agreement or any rights herein in violation of this Agreement and fails to cure such default within the time set forth in Section 9.1 [Default] hereof;

9.3 Default by City. Without limiting the provisions of Section 9.1, City is in default under this Agreement if substantial evidence supports that City failed to substantially comply with any material term, condition, or covenant of this Agreement. If City has failed to cure its default after notice and an opportunity to cure as provided in Section 9.1 hereof, Developer may pursue any legal or equitable remedy available to it under this Agreement without further notice to City, except as may be required under the law for service of summons and other legal papers.

9.4 No Recovery for Monetary Damages. As part of the bargained for consideration for this Agreement, the Parties agree that any action or proceeding to cure, correct or remedy any default or to enforce any covenant or promise herein shall be limited solely and exclusively to those remedies expressly provided herein. City and Developer may institute legal or equitable proceedings to cure, correct or remedy any Default, or to enforce any covenant or promise herein, enjoin any threatened or attempted violation, or enforce by specific performance, declaratory relief or writ of mandate the obligations and rights of the Parties hereto. In no event shall Developer or City, or any of their officers, agents, representatives, officials, employees or insurers, be liable to Developer or City for damages for any breach or violation of this Agreement. The enforceability and validity of the above limitations on the remedies available to the Parties, including, without limitation, the specific provision prohibiting the recovery of damages, is part of the bargained for, negotiated consideration for the City’s agreement to enter into this Agreement, and it is acknowledged that the City would not have entered this Agreement if it were to be liable in damages under this Agreement. In the event Developer seeks or accepts damages in any action or proceeding brought for breach or violation of this Agreement or to enforce any provision hereof, such award shall destroy the consideration supporting the City’s agreement to enter into this Agreement, and shall, in turn, entitle the City to terminate this Agreement immediately. Accordingly, the remedy of monetary damages is not available to any Party except as provided below.

For purposes of enforcement, stated positively, the Parties shall have the equitable remedies of specific performance, injunctive and declaratory relief, or a mandate or other action determining that the City has exceed its authority, and similar remedies, other than recovery of monetary damages, to enforce their rights under this Agreement. The Parties shall have the right to recover their attorney fees and costs in such action as set forth in Section 9.6.3.

In the event the Developer fails to perform any monetary obligation under this Agreement, City may sue for the payment of such sums to the extent due and payable. 2086 2532
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9.5 Waiver. Failure or delay in giving notice of default, or failing to commence a legal or equitable action as a result of the default, shall not waive a Party’s right to give future notice of the same or any other default.

9.6 Legal and Equitable Actions. The following provisions shall apply to any legal action to require the cure of any default:

9.6.1 Jurisdiction and Venue. Legal actions must be instituted and maintained in the Superior Court of the County of Riverside, Central Division, State of California, or in the United States District Court for the Central District of California. Developer specifically waives any rights provided to it pursuant to California Code of Civil Procedure Section 394 or federal or state statutes or judicial decisions of like effect.

9.6.2 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement.

9.6.3 Litigation Expenses. In the event either Party commences an Action against the other Party which arises out of a default of, breach of, failure to perform this Agreement, then the Prevailing Party in the Action shall be entitled to recover its Litigation Expenses from the other Party in addition to whatever relief to which the Prevailing Party may be entitled.

9.7 Remedies are Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by a party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different time, of any other rights or remedies for the same default or any other default by another Party.

9.8 Termination. This Agreement shall terminate upon the occurrence of any of the following:

9.8.1 Expiration of the Term;

9.8.2 Mutual written consent of the Parties;

9.8.3 Entry of a final judgment by a court of competent jurisdiction, after exhaustion of any appeals, directed against the City setting aside, voiding or annulling the adoption of the ordinance approving this Agreement;

9.8.4 Failure of the Developer, or a Land Banking Entity, to acquire any phase of the Property by one (1) year from second reading and adoption of Ordinance No. ___ approving this Agreement; provided, however, that such date shall be automatically extended during the period of any Claim or Litigation or for force majeure extensions or delays set forth in Section 10.6 below;

9.8.5 The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement;

9.8.6 Termination in accordance with this Agreement (Sections 9.9 or 9.10). 2087 2533
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9.9 Termination of Agreement by City. City may terminate this Agreement upon the occurrence of any of the following:

9.9.1 Developer no longer has a legal or equitable interest in the Property for a period of at least thirty (30) consecutive days and fails to cure within the time set forth in Section

9.1 [Default] hereof, with the ability to terminate limited to the portion or portions of the Property for which Developer no longer has a legal or equitable interest;

9.9.2 Subject to Section 10.3, Developer assigns or attempts to assign the Agreement or any rights herein in violation of this Agreement and fails to cure such default within the time set forth in Section 9.1 [Default] hereof;

9.9.3 Substantial evidence supports that Developer is otherwise in material default of this Agreement by failing to substantially comply with any material term, condition or covenant, and fails to cure such default within the time set forth in Section 9.1 [Default] hereof.

9.10 Termination of Agreement by Developer. Developer may terminate this Agreement upon the occurrence of any of the following:

9.10.1 Substantial evidence supports that City is in material default of this Agreement by failing to substantially comply with any material term, condition or covenant, and fails to cure such default within the time set forth in Section 9.1 [Default] hereof;

9.10.2 A challenge by any third party (whether legal, equitable, declaratory, administrative or adjudicatory in nature or by referendum) (i) to the legality, validity or adequacy of this Agreement, Existing Development Approvals or other actions pertaining to the Project or this Agreement, or (ii) seeking damages against the City or Developer as a consequence of the foregoing actions, for the taking or diminution in value of their property as a consequence of the foregoing actions, or for any other reason arising from or related to this Agreement, Existing Development Approvals or other actions pertaining to the Project or (iii) for any other reason arising from or related to this Agreement, Existing Development Approvals or other actions pertaining to the Project;

9.10.3 Developer or a Land Banking Entity does not close escrow on any portion of the Property under the purchase and sale agreement with the Property Owner;

9.10.4 Receipt of a notice, determination, opinion, ruling, decision or the equivalent from a public agency, state agency, state department or state official that prevents, prohibits, delays or materially impairs the use of the Existing Development Approvals or construction of the Project or that materially increases the cost of the Project, subject to compliance with DIF Credit true-up provisions of Section 5.1 as applicable;

9.10.5 Termination by Developer in accordance with Section 5.1;

9.10.6 If the Project is not Approved. For purposes of this Section, “Approved” means that the Existing Development Approvals and all appeal periods for such approvals have expired without the filing of any challenge or appeal (or if a challenge or appeal is filed, then 2088 2534
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“Approved” means that the challenge or appeal has been resolved on terms satisfactory to Developer).

9.11 Rights and Duties Following Termination. Upon the termination of this Agreement, no Party shall have any further right or obligation hereunder except with respect to (1) any obligations to have been performed prior to said termination; (2) any default in the performance of the provisions of this Agreement which has occurred prior to said termination; or (3) any rights or obligations that expressly survive termination under this Agreement.

Termination of this Agreement shall not affect either Party’s rights or obligations with respect to any Existing Development Approval or Subsequent Development Approval granted prior to such termination.

10. GENERAL PROVISIONS

10.1 Waiver of Challenges. In exchange for the vested right to Develop pursuant to this Agreement, Developer expressly waives for itself and for any successor thereto, the right to challenge or contest the validity of any condition of approval attached to the Existing Development Approvals.

10.2 Bankruptcy. The obligations of this Agreement shall not be dischargeable in bankruptcy.

10.3 Assignment. The qualifications and identity of an Assignee are of particular concern to City. The Parties acknowledge that City has negotiated the terms of this Agreement in contemplation of the construction of the proposed Project and the public revenues and other civic benefits to be generated by the development of the Project. Accordingly, for the term of this Agreement no sale, transfer or assignment of the Property or the rights and obligations under this Agreement (“Transfer”) shall occur without the prior written consent of City, except as provided herein. If any Transfer occurs without City consent if required herein, the transferring Developer shall continue to be liable for the performance of the designated obligations of the transferring Developer after the date of the Transfer with respect to the portion of the Property so transferred.

10.3.1 Notwithstanding any provision of this Agreement to the contrary, City approval of a Transfer under this Agreement shall not be required in connection with any of the following:
a. Any transfer to an entity or entities in which Developer retains a minimum of fifty-one percent (51%) of the ownership or beneficial interest and retains management and control of the transferee entity or entities. b. The conveyance or dedication of any portion of the Property to City or other appropriate governmental agency, or the granting of easements or permits to facilitate construction or operation of the Project.
c. Any requested assignment for financing purposes, including the grant of a deed of trust to secure the funds necessary for land acquisition, construction and permanent financing of the Project.
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d. Any transfer of interests in Developer for estate planning purposes to the heirs of such Developer, provided that such heirs retain a minimum of fifty-one percent (51%) of the ownership or beneficial interest of the transferor entity and retain management and control of the transferee entity.
e. Any transfer to a Land Banking Entity or from a Land Banking Entity to The New Home Company Southern California LLC, a Delaware limited liability company.
f. Any transfer from the Property Owner to Developer or a Land Banking Entity.

10.3.2 In the event of a Transfer or an assignment by a Developer under Section

10.3.1 above, excluding (b), not requiring City’s prior approval, Developer nevertheless agrees that prior to such assignment it shall give written notice to City of such assignment and satisfactory evidence that the assignee has assumed the applicable obligations of this Agreement.

10.3.3 City Consideration of Requested Transfer. City agrees that it will consider a written request for approval of a Transfer, and such approval shall not be unreasonably withheld, delayed or conditioned. Such request shall be accompanied by sufficient evidence regarding the proposed transferee’s development qualifications and experience, and its financial commitments and resources, in sufficient detail to enable City to evaluate the proposed assignee pursuant to the criteria set forth herein, as determined by City in its reasonable discretion.

10.3.4 An assignment and assumption agreement, in form reasonably satisfactory to City’s legal counsel shall be required for all proposed Transfers except as set forth above in Section 10.3.1. Within thirty (30) days after the receipt of Developer’s written request for City approval of a Transfer, City shall either approve or disapprove such proposed Transfer in its reasonable discretion, as evidenced by execution of such assignment and assumption, or shall respond in writing by stating what further information, if any City reasonably requires in order to determine whether to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to City such further information as may be reasonably requested. Failure to approve, disapprove or respond within such thirty (30) day period shall be deemed approval of such proposed Transfer.

10.3.5 Assignee Subject To Terms Of Agreement. Following an approved Transfer, or for Transfers as set forth above in Section 10.3.1, the Developer successor’s exercise, use, and enjoyment of that portion of the Property so transferred shall be subject to the terms of this Agreement to the same extent as if the Developer successor were one of the original Developers. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement.

All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each and every portion thereof; and (c) is binding upon each party, each of Developer's permitted assignees and successors in interest, during their respective ownership of the Property or any portion thereof. 2090 2536
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10.3.6 Release Upon Transfer. If the City’s approval of a Transfer is required, then upon the written consent of the City to a Developer’s partial or complete assignment of this Agreement (which consent shall not be unreasonably withheld, conditioned or delayed), or in the event of an assignment not requiring City approval, upon the express written assumption, the transferring Developer shall be relieved of its legal duty to perform such assigned obligations, except to the extent such Developer is in default hereunder with respect to the particular assigned obligations prior to said Transfer. If the City’s approval of a Transfer is not required or is not provided within the timeframe provided in Section 10.3.4, the transferring Developer shall be relieved of its legal duty to perform such assigned obligations, except to the extent such Developer is in default hereunder with respect to the particular assigned obligations prior to said Transfer. Effective upon the Transfer, the obligations of Developer shall be come several and not joint with respect to the transferred Property, and thereafter, (i) a default under this Agreement by the transferring Developer, with respect to the transferred Property, shall not be considered or acted upon by the City as a default by the transferee Developer and shall not affect the transferee’s rights or obligations hereunder and (ii) a default under this Agreement by the transferee Developer relating to the transferred Property shall not be considered or acted upon by the City as a default by the transferring Developer and shall not affect the transferring Developer’s rights and obligations hereunder. For purposes of clarification, City may not terminate this Agreement as to a transferring Developer based on a default of the transferee, nor may City terminate this Agreement as to the transferee based on a default by a transferring Developer.

10.4 Successors and Assigns. Any and all successors, assigns and transferees of Developer shall have all of the same rights, benefits and obligations of Developer as used in this Agreement and the term “Developer” as used in this Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein, or in the assignment agreement, to the contrary.

10.5 Partial Termination. Developer shall have the right to request the City to approve a partial termination of the Agreement to release a portion(s) of the Property from the Agreement’s obligations and benefits. A partial termination may be approved by the City if Developer demonstrates to the City that the portion of the Property to be released from the Agreement obligations is not needed to satisfy any of the obligations established in the Agreement. If the City makes such a determination, such released Property shall not be subject to any of the obligations created in this Agreement, and similarly, will not receive any of the benefits created in this Agreement.

10.6 Enforced Delays; Extension of Times. In addition to specific provisions of this Agreement, performance by either Party hereunder shall not be deemed to be in default, and all performance and other dates specified in this Agreement, including the Term, shall be extended, where delays or defaults are due to: Claim or Litigation; litigation challenging the validity of this Agreement, the Project or any element thereof or the right of either Party to engage in the acts and transactions contemplated by this Agreement; receipt of a notice, determination, opinion, ruling, decision or the equivalent from a public agency, state agency, state department or state official that prevents, prohibits, delays or materially impairs the use of the Existing Development Approvals or construction of the Project or that materially increases the cost of the Project; inability to secure necessary labor, labor materials or tools; delays of any contractor, sub2091 2537 1532336.9
contractor or supplier; withdrawal of financing not caused by any act or omission of Developer; war; insurrection; strikes; lockouts; labor disputes; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; pandemics; epidemics; quarantine restrictions; freight embargoes; lack of transportation; condemnation; shortage of fuel, electricity or natural gas; governmental agency or entity (other than the acts or failures to act of the City which shall not excuse performance by the City) or utility; or any other causes beyond the control or without the fault of the Party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period or the enforced delay and shall commence to run from the time of the commencement of the cause.

Times of performance under this Agreement may also be extended in writing by the mutual agreement of the City and Developer.

10.7 Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of the Agreement inure to the successors-in-interest to the Parties to it in accordance with the provisions of and subject to the limitations of this Agreement.

10.8 Project as a Private Undertaking/Relationship of Parties. It is specifically understood and agreed by and between the Parties hereto that the Development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants, and conditions contained in this Agreement. No partnership, joint venture, or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the developer of such property.

10.9 Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or sent by registered mail, postage prepaid to the person and address provided below. Delivery shall be presumed delivered upon actual receipt by personal delivery, electronic delivery (e-mail), or within three (3) days following deposit thereof in United States Mail, provided that if notice is by e-mail, then a copy of the notice shall also be contemporaneously sent by regular mail, postage prepaid to the person and address provided below.

Notice required to be given to City shall be addressed as follows:

To City: City of Eastvale
Attn: Community Development Director
12363 Limonite Ave. Suite 910
Eastvale, CA 91752
[email protected]
With a copy to: Burke, Williams & Sorensen, LLP
Attn: Erica Vega
1770 Iowa Ave. Suite 240Riverside, CA 92507
[email protected]
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Notices required to be given to Developer shall be addressed as follows:

To Developer: The New Home Company Southern California
Attn: A. J. Jarvis, President, Southern California
15231 Laguna Canyon Rd, Suite 250
Irvine, CA 92618
[email protected]
With a copy to: The New Home Company Southern California Attn: Miek Harbur, SVP, General Counsel and Secretary
15231 Laguna Canyon Rd, Suite 250
Irvine, CA 92618
[email protected]
With a copy to: Jackson Tidus
Attn: Sarah Kleinberg
2030 Main Street, 12th Floor
Irvine, CA 92614
[email protected]
A party may change the address by giving notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

10.10 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent necessary to implement this Agreement.

Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgement or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary to implement this Agreement or to evidence or consummate the transactions contemplated by this Agreement. In the event Developer or Developer’s successor requires supplemental or additional agreements for purposes of securing financing or similar purposes, City will endeavor to assist in this respect, provided, however, Developer or Developers successor shall reimburse the City for any and all costs associated with processing, reviewing, negotiating, or acting on such agreements.

Developer or Developers successor agrees to reimburse City within thirty (30) days of written demand therefor.

10.11 No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the City and Developer. No other parties or entities are intended to be, or shall be considered, a beneficiary of the performance of any of the Parties’ obligations under this Agreement.

10.12 Entire Agreement. This Agreement and the attachments hereto contain the complete, final, entire, and exclusive expression of the agreement between the Parties hereto, except for the Option if executed, and are intended by the Parties to completely state the agreement in full. Except for the Option, any agreement or representation respecting the matters dealt with herein or the duties of any Party in relation thereto not expressly set forth in this Agreement shall be null and void.
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10.13 Recitals and Definitions. The Recitals set forth at the beginning of this Agreement and definitions are a substantive and integral part of this Agreement and are incorporated by reference in the operative provisions portion of this Agreement.

10.14 Integration. This Agreement constitutes the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof except for the Option.

10.15 Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or any of its terms.

References to section numbers are to Sections of this Agreement unless expressly stated otherwise.

10.16 Interpretation. City and Developer acknowledge that this Agreement is the product of mutual arms-length negotiation and drafting and each represents and warrants to the other that it has been represented by legal counsel in the negotiation and drafting of this Agreement. Accordingly, the rule of construction that provides that the ambiguities in a document shall be construed against the drafter of that document shall have no application to the interpretation and enforcement of this Agreement. In any action or proceeding to interpret or enforce this Agreement, the finder of fact may refer to such extrinsic evidence not in direct conflict with any specific provision of this Agreement to determine and give effect to the intention of the parties hereto.

10.17 Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term “holiday” shall mean all holidays as specified in Government Code Sections 6700 and 6701. If any act is to be done by a particular time during a day, that time shall be Pacific Standard Zone time

10.18 Severability. Each provision, term, condition, covenant, and/or restriction, in whole and in part, in this Agreement shall be considered severable. In the event any provision, term, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term, condition, covenant, and/or restriction, of this Agreement and the remainder of the Agreement shall continue in full force and effect.

10.19 Operating Memoranda. The provisions of this Agreement require a close degree of cooperation between the City and the Developer. Clarifications to this Agreement and the Existing Land Use Regulations may be appropriate with respect to the details of performance of the City and the Developer. To the extent allowable by law, the Developer shall retain a certain degree of flexibility as provided herein with respect to all matters, items and provisions covered in general under this Agreement, except for those which relate to an increase in density or intensity of use. When and if the Developer finds it necessary or appropriate to make changes, adjustments or clarifications to matters, items or provisions not enumerated in (i) or (ii) above, the Parties shall effectuate such changes, adjustments or clarifications through operating memoranda (the “Operating Memoranda”) approved by the Parties in writing which reference 2094 2540
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this Section 10.19. Operating Memoranda are not intended to constitute an amendment to this Agreement but mere ministerial clarifications; therefore public notices and hearings shall not be required. The City Manager shall be authorized, upon consultation with, and approval of, the Developer, to determine whether a requested clarification may be effectuated pursuant to this Section or whether the requested clarification is of such character to constitute an amendment to this Agreement which requires compliance with the provisions of Section 5.3 or 10.20 below. On behalf of City, the City Manager shall have the authority to enter into and execute Operating Memoranda.

10.20 Amendments to Agreement. Each Party agrees to consider reasonable requests for amendments to this Agreement which may be made by the other Party, lending institutions, bond counsel or financial consultants. Any amendments to this Agreement must be in writing and signed by the appropriate authorities of City and Developer. On behalf of City, the City Manager shall have the authority to make minor amendments to this Agreement, including, but not limited to, the granting of extensions of time to Developer, on behalf of City so long as such actions do not materially change the Agreement or make a commitment of additional funds of City. All other changes, modifications, and amendments, other than as set forth in Section 10.19 above, shall require the prior approval of City Council.

10.21 Exhibits. The following exhibits are attached to and incorporated into this Agreement:

Exhibit A — PROPERTY LEGAL DESCRIPTION
Exhibit B — SITE DIAGRAM
Exhibit C — PROPERTY OWNER CONSENT
Exhibit D — DEVELOPMENT IMPACT FEES
Exhibit E—PARK, OPEN SPACE AND RECREATION EXHIBIT

10.22 Authority to Execute. Each Party hereto expressly warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of his/her/their corporation, partnership, business entity, or governmental entity and warrants and represents that he/she/they has/have the authority to bind his/her/their entity to the performance of its obligations hereunder.

10.23 Counterparts. This Agreement may be executed in multiple counterparts, each of which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterpart executed by the other party to this Agreement is in the physical possession of the party seeking enforcement thereof.

IN WITNESS WHEREOF this Agreement has been executed by the authorized representatives of the Parties hereto.

CITY:
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CITY OF EASTVALE
By:

Henry Garcia
Interim City Manager
ATTEST:

By:

Marc A. Donohue, MMC
City Clerk
APPROVED AS TO FORM:

By:

Erica Vega
City Attorney
The New Home Company Southern California
LLC, a Delaware limited liability company
By:

Name:

Title:
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

STATE OF CALIFORNIA

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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EXHIBIT A

PROPERTY LEGAL DESCRIPTION
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EXHIBIT B

SITE DIAGRAM
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EXHIBIT C

PROPERTY OWNER CONSENT
James Borba and Mark Korte, Co-Trustees of the Bradley William Leal Family Trust dated September 18, 2015 (the “BWL Trust”), and John Craig Leal, Trustee of the John Craig Leal Revocable Trust dated December 15, 2016 (the “JCL Trust”), each as to an undivided fifty percent (50%) interest as tenants in common, being the owners of the real property described in Exhibit C-1 to this Development Agreement by and between the City of Eastvale and The New Home Company Southern California LLC, a Delaware limited liability company, dated as of _____________________, 2022 (the “Agreement”), do hereby consent to and expressly authorize the recordation of said Agreement in the Official Records of the County of Riverside.

James Borba and Mark Korte, Co-Trustees of the Bradley
William Leal Family Trust dated September 18, 2015
By: _________________________________________
James Borba, Co-Trustee
By: _________________________________________
Mark Korte, Co-Trustee
John Craig Leal, Trustee of the John Craig Leal Revocable Trust dated December 15, 2016
By: _________________________________________
John Craig Leal, Trustee
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EXHIBIT C-1

PROPERTY OWNER CONSENT LEGAL DESCRIPTION
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LAND BANKING ENTITY PROPERTY OWNER CONSENT
[Land Banking Entity], being the owners of the real property described in Exhibit C-2 to this Development Agreement by and between the City of Eastvale and The New Home Company Southern California LLC, a Delaware limited liability company, dated as of _____________________, 2022 (the “Agreement”), do hereby consent to and expressly authorize the recordation of said Agreement in the Official Records of the County of Riverside.
[Land Banking Entity]
By: [Insert Signature Block]
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EXHIBIT C-2

LAND BANKING ENTITY PROPERTY OWNER CONSENT LEGAL DESCRIPTION 2104 2550
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the
officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the
officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On , , before me,
(here insert name and title of the
officer)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
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EXHIBIT D

DEVELOPMENT IMPACT FEES
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EXHIBIT E

PARK, OPEN SPACE AND RECREATION EXHIBIT
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Exhibit D - DIF Fee Credits
1 DIF Fees Aggregated (Civic, Fire, Transportation)
Single Family $ 2,116 per unit
Multi-Family $ 1,469 per unit
2 Appraised Value Per Acre
Appraisal per acre 2022 2024
Lot 14 - Fire station $ 1,045,939 $ 1,109,639
Lot 3 - Commercial Core $ 1,045,408 $ 1,109,074
3 Value of Land Dedication
Lot Acreage 2022 Value 2024 Value1
Lot 14 - Fire station 1.219 $ 1,275,000 $ 1,352,650
Lot 3 - Commercial Core 9.800 $ 10,245,000 $ 10,868,921 Total 11.019 $ 11,520,000 $ 12,221,571
4 Maximum DIF Fee Obligation
Fee per Unit Number of Units2 DIF Fee Obligation
Single Family $ 2,116 1,840 $ 3,893,440
Multi-Family $ 1,469 660 $ 969,540
Total 2,500 $ 4,862,980
5 Value of Land Dedication Compared to DIF Fee Obligation 2022 Value 2024 Value
Total Land Value Dedication $ 11,520,000 $ 12,221,571
Total DIF Fee Obligation $ 4,862,980 $ 4,862,980
Value Over / (Value Under) $ 6,657,020 $ 7,358,591
6 TUMF Fees
For purposes of DIF fees, multi-family dwelling units are defined as all apartments and all housing where a dwelling unit is stacked above another residential unit or commerical use, whether for sale or rent. Single Family units include all detached units and all attached units with a side-by-side footprint. 2 The number of units represents the maximum number of units based on the environmental analysis and a conceptual split between single family and multi-family.

1. Developer shall dedicate right-of-way for Limonite and Hamner (approximately 6.06 acres).

2. Developer shall construct roadway, bicycle, and landscape improvements within the right-of-way.

3. City shall facilitate TUMF fee credit/reimbursement for all eligible improvement costs within Limonite and Hamner. 1 The 2024 Value is provided for information purposes since 2024 is the projected year when the first DIF fees would be due and the City would receive the benefit of Lot 3 - Commercial Core. 2110 2556
Exhibit E

1. Population Projections
• Determine the number of Single Family and Multi-Family dwelling units.1 • Multiply 3.9 persons per dwelling unit to the number of Single Family units. • Multiply 2.69 persons per dwelling unit to the number of Multi-Family units.

2. Park Dedication Standard
• The Park Dedication Standard is 3.5 acres per 1,000 persons. • Calculate the number of total persons (#1 above), multiply by 3.5, and divide by 1,000. • (# of persons)*(3.5)/1000 = Total Park Acreage Obligation

3. Park Dedication and Park Improvement Fee
A. Park Dedication In-Lieu Fee
• Total Park Acreage Obligation
• $500,000 per acre
• (Total Park Acreage Obligation)*($500,000) = Total Parkland Fee B. Park Improvement Fee
• $500,000 per acre
• (Total Park Acreage Obligation)*($500,000) = Total Park Improvement Fee

4. Park Dedication Credits
A. Credits Against Park Dedication Standard
• Lot J (approximately 2.048 acres)2
• Lot 5 (approximately 4.558 acres)3
• 1 acre credit for 1 acre of on-site parkland for public use • ½ acre credit for 1 acre of on-site parkland for private use • 1 acre credit for 1 acre of off-site parkland for public use • Incur construction costs for park, trail, open space, or private recreational facilities or private open space4 within the Project or off-site via separate agreement, which shall be converted to acres of credit based upon a factor of $500,000 per acre 1 For purposes of Section 4.1.6.1 of the Development Agreement, Multi-Family dwelling units include all for-rent units (apartments) and all housing where a dwelling unit is stacked above another unit, whether for sale or rent.

Single Family units include all detached units and all attached units with a side-by-side footprint. 2 Upon effective date of Developer’s grant, transfer, or conveyance of Lot J to the City or effective date of an amendment to the Option adding Lot J to the Option in accordance with the Development Agreement. 3 Upon effective date of Developer’s grant, transfer, or conveyance of Lot 5 to the City or effective date of an amendment to the Option adding Lot 5 to the Option in accordance with the Development Agreement. 4 Private recreational facilities or private open space improvements receive credits at $0.50 for each dollar. 2111 2557
• Excess Credits as defined in Section 6 for any subsequent phase after phase 1.

B. Eligible Parkland
• Any area provided for the use and enjoyment of people that is maintained by a homeowner’s association, the City, or a special district (CFD, landscape, etc.), provided easements or other restrictions do not materially and adversely impact or prohibit the ability to use the land for park purposes or prevent reasonable improvements to the land. Landscaped areas that are not accessible to people, such as landscaped slopes, do not qualify for credit. Examples of eligible parkland areas include, but are not limited to, active parks, passive parks, linear parks, tot lots, dog parks, paseos, courtyards/plazas, community gardens, water features, private recreation facilities, sports courts, trails, and other areas as determined by the Community Development Director.

C. Total Park Acreage Obligation (acres) – Credits Against Park Dedication Standard (acres) = Revised Total Park Acreage Obligation

5. Park Improvement Fee Credits
A. Credits Against Total Park Improvement Fee
5 • $1 credit for $1 spent on park, trail, and open space improvements on-site for public use
• $1 credit for $1 spent on park, trail, and open space improvements off-site for public use
• $0.50 credit for $1 spent on park, trail, and open space improvements on-site or offsite for private use • Excess Credits as defined in Section 6 for any subsequent phase after phase 1.

B. Eligible Park, Trail, and Open Space Improvements
• Subgrade preparation
• Drainage
• Irrigation
• Landscape planting
• Decorative rock
• Hardscape
• Trails (concrete, asphalt, decomposed granite)
• Walls (retaining and perimeter), fencing, and gates
• Lighting
• Shade
• Furniture
• Amenities, play equipment, water features, sport/recreation facilities, exercise equipment
5 The process for determining construction costs is outlined in Section 4.1.6.1.2 of the Development Agreement. 2112 2558
• Other improvements at the discretion of the Community Development Director C. Total Park Improvement Fee (dollars) – Credits Against Total Park Improvement Fee `(dollars) = Revised Total Park Improvement Fee

6. Remaining Park Obligations
A. Park Dedication
• For each phase, if the Revised Total Park Acreage Obligation for the phase is less than zero (i.e. approved credits exceed obligations), Excess Credits shall be carried forward to a subsequent phase.
• For each phase, if the Revised Total Park Acreage Obligation for the phase is greater than or equal to zero (i.e. obligations exceed approved credits), Developer shall pay the Park Dedication In-Lieu Fee of $500,000 per acre.
• The Park Dedication In-Lieu Fee of $500,000 per acre shall convert to a per unit fee payable at the issuance of a building permit per individual building in the Project or, at Developer’s option, paid as part of a CFD in accordance with Section 2.12 of the Development Agreement.

B. Park Improvement Obligation
• For each phase, if the Revised Total Park Improvement Fee for the phase is less than zero (i.e. approved credits exceed obligations), Excess Credits shall be carried forward to a subsequent phase.
• For each phase, if the Revised Total Park Improvement Fees is greater or equal to than zero (i.e. obligations exceed approved credits), Developer shall pay the Park Improvement Fee of $500,000 per acre.
• The Park Improvement Fee of $500,000 per acre shall convert to a per unit fee payable at the issuance of a building permit per individual building in the Project or, at Developer’s option, paid as part of a CFD in accordance with Section 2.12 of the Development Agreement.
2113 2559
Leal Master Plan Amendment
Gina Gibson Williams
Community Development Director
2114 2560
Developer Presentation
2115 2561
Vicinity Map
2116 2562
Vacant to Viable
• Property owner enters
escrow
• The New Home Company to
purchase the land and
develop the site
2117 2563
Applications Filed

1. Addendum to the Environmental Impact Report
(EIR)

2. Amend Leal Master Plan

3. Development Agreement

4. Tentative Tract Map

5. Major Development Plan Review
2118 2564
Decisions to Make
EIR Addendum
• Does the project
exceed the scope of
the original EIR?
• Confirm there are no
new new impacts
2119 2565
Decisions to Make
Master Plan Amendment
• Modify approved plan
• Set the Zoning, Development
Standards and Design footprint for
the 150+ acres
2120 2566
Decisions to Make
Development Agreement
• Define public benefit and developer
certainty for a project by contract
• City to take the lead on the civic center
construction and design and leasing
495,000 sq. ft. of commercial land
2121 2567
Decisions to Make
Development Agreement
• Define public benefit and developer
certainty for a project by contract
• City to take the lead on the civic center
construction and design and leasing
495,000 sq. ft. of commercial land
2122 2568
Development Agreement
• Most square foot per
acre out of closest
“Downtown Centers” PHOTO
Property Gross Leasing Area Land Acres
Square Feet
Per Acre
Leal Downtown 595,000 9.8 60,714.29
Victoria Gardens 1,130,849 115.58 9,784.12
Dos Lagos 351,830 31.18 11,283.84
Eastvale Gateway 556,840 68.12 8,174.40
The Shoppes at Chino Hills 313,758 25.7 12,208.48
Hamner Place 41,753 44.9 929.91
Source: Costar
2123 2569
Decisions to Make
Tentative Tract Map
• Subdivide land
• Location and size of lots
• Street configuration
2124 2570
Decisions to Make
Major Development Plan
• Conceptual layout of uses, lot lines,
open space
• Subsequent PC approval to construct
2125 2571
Formal Review
Planning Legal Public
Works
Peer
Review
Technical
studies
CEQA
2126 2572
Next Steps
Community
Workshop
• April 4, 2022
Planning
Commission
• April 25, 2022
City Council
• May 11, 2022
2127 2573
QUESTIONS?
Recommendation:
• Conduct public workshop
• Discuss developer’s proposal
• Receive public comment
• Direct staff as deemed appropriate.
2128 2574
QUESTIONS?
2129 2575
2130 2576
2131 2577
2132 2578
2133 2579
2134 2580
2135 2581
2136 2582
2137 2583
2138 2584
2139 2585
2140 2586
2141 2587
2142 2588
2143 2589
2144 2590
2145 2591
2146 2592
2147 2593
2148 2594
2149 2595
2150 2596
2151 2597
1 DO YOU WANT

ROOFTOP
GARDENS?

COMMERCIAL VILLAGE

LEAL KEY MAP
2152 2598

CIVIC CENTER

LEAL KEY MAP
2 WHAT DO YOU

WANT IN YOUR
LIBRARY?
2153 2599

COMMUNITY PARK

LEAL KEY MAP

DO YOU WANT
A COFFEE SHOP 3IN YOUR PARK?
2154 2600

COMMUNITY
MASTER PLAN STAGE 1
• ORIGINAL LEAL MASTER PLAN ADOPTED IN DECEMBER 2017
• AMENDED MASTER PLAN CONSIDERED BY THE CITY
• PLANNING COMMISSION HEARING | APRIL 25TH
• CITY COUNCIL HEARING | MAY 25TH
• COLLABORATE WITH THE CITY ON DESIGN OF DOWNTOWN
• SUBMIT DETAILED DEVELOPMENT PLANS FOR EACH PLANNING AREA • DELIVER TO THE CITY OF EASTVALE THE COMMERCIAL AND CITY

HALL LAND AREAS
MASTER PLAN STAGE 2
MASTER PLAN STAGE 3

IMPLEMENTATION
2017
2022 (CURRENT)
(MID)
(LATE)
2023
2023
4 WHY DOES IT

TAKE SO
LONG?
ADOPTED DECEMBER 13, 2017
ADOPTED DECEMBER 13, 2017
2155 2601

DOWNTOWN EASTVALE

LEAL KEY MAP
5 WHAT RETAIL

IS MISSING
IN EASTVALE?

DOWNTOWN
2156 2602
6 DO YOU WANT
SAFER
STREETS?
TRAFFIC + WALKABILTY

LEAL KEY MAP

STREET SECTION A - LIMONITE AVENUE

STREET SECTION B - SCHOLAR WAY
STREET SECTION C - 58TH STREET

STREET SECTION D - HAMNER AVENUE

STREET SECTION E - INTERNAL STREET
B
C
X
X
A
E
E
D
2157 2603

RESIDENTIAL

LEAL KEY MAP
7 WHAT STYLE
DO YOU LIKE?
2158 2604
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA,

ADOPTING AN ADDENDUM TO LEAL MASTER PLAN PROGRAM

ENVIRONMENTAL IMPACT REPORT (PEIR) FOR ENTITLEMENTS RELATED TO THE 158.6-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF HAMNER AND

LIMONITE AVENUES COMMONLY KNOWN AS THE LEAL PROPERTY
WHEREAS, the applicant (The New Home Company) submitted Planning Application No. 21- 20039, for approval of entitlements related to the 158.6-acre site located at the northwest corner of Hamner and Limonite Avenues commonly known as the Leal Property, herein as the “project”; and
WHEREAS, the applicant requests Amendment No. 1 to the Leal Master Plan (SPA001) which establishes zoning for the entire site, specifies backbone streets, identifies planning areas, parks, and open space, lists development standards such as setbacks, height limits, and design guidelines to facilitate development of the project; and WHEREAS, the applicant requests a Tentative Tract Map (TTM 38290) to subdivide the 158.6- acre site and create 14 numbered lots and 19 lettered lots. The lots are collectively allocated for residential and commercial development, public and private streets, public and private open space, parks, and trails. TTM 38290 also describes improvements for Hamner Avenue, Limonite Avenue, 58th Street and Scholar Avenue; and
WHEREAS, the applicant requests a Major Development Plan Review (PLN22-20020 DR001) for the conceptual layout and design of the approximately 158.6-acre parcel to facilitate the development of up to 2,500 residential units, 595,000 square feet of commercial development, including a hotel, a civic center (City Hall, Library, Police Station) and Fire Station; and WHEREAS, the applicant requests a Development Agreement (DA003) by and between the City of Eastvale and The New Home Company, which vests the land use entitlements for the project for a term of 20 years, establishes the amount and timing of development impact fees payable by the project, secures other public benefits including but not limited to land for a future civic center and fire station, and authorizes certain credits or reimbursements to The New Home Company; and
WHEREAS, the proposed project (Project No. PLN21-20039) is considered a “project” as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and
WHEREAS, a Program Environmental Impact Report (PEIR) was certified for the Leal Master Plan (SCH# 2015031028) that addressed physical development of the subject site; and 2159 2605
WHEREAS, a Statement of Overriding Considerations was approved by the City Council in conjunction with the PEIR for the Leal Master Plan (SCH# 2015031028); and WHEREAS, pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines the City conducted an analysis of the proposed project that concluded there were no new significant environmental effects, or a substantial increase in the severity of identified significant effects previously identified in the Leal Master Plan PEIR; and WHEREAS, the City determined that none of the findings of Section 15162 of the State CEQA Guidelines required preparation of a subsequent or supplemental EIR and prepared an Addendum to the Leal Master Plan PEIR consistent with State CEQA Guidelines Section 15162; and
WHEREAS, on April 14, 2022, the City of Eastvale City Clerk published a legal notice concerning Project No. PLN21-20039 in the Press Enterprise, a local newspaper of general circulation, regarding the Planning Commission hearing on April 25, 2022; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 25, 2022, at which public testimony was received concerning Project No. PLN22-20039; and WHEREAS, the Planning Commission recommended that the City Council adopt the addendum to the Leal Master Plan PEIR; and
WHEREAS, on April 28, 2022, a public hearing notice was mailed to each property owner and tenant within a 600-foot radius of the project site, indicating the time and place of the City Council public hearing for Project No. PLN21-20039; and WHEREAS, on April 30, 2022, the City of Eastvale City Clerk published a legal notice concerning Project No. PLN21-20039 in the Press Enterprise, a local newspaper of general circulation, regarding the City Council hearing on May 11, 2022; and WHEREAS, the City Council conducted a duly noticed public hearing on May 11, 2022, at which public testimony was received concerning Project No. PLN21-20039;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. FINDINGS FOR CEQA:

The addendum to the Leal Master Plan Program Environmental Impact Report, certified in 2017 (State Clearinghouse Number 2015031028), concluded that implementation of the proposed project would not result in any of the conditions outlined in California Environmental Quality Act (CEQA) Guidelines Section 15162(a)(1) through (3), as the proposed changes would not result in 2160 2606
new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the certified Leal Master Plan Final PEIR.

The City Council, in light of the whole record before it, including but not limited to, the Addendum to Leal Master Plan Final Environmental Impact Report (SCH# 2015031028) for the proposed project and all documents incorporated by reference therein, any comments received and responses provided, and other substantial evidence (within the meaning of Public Resources Code § 21080(e) and § 21082.2) within the record and/or provided at the public hearing, finds and determines that a subsequent or supplemental EIR is not required under CEQA Guideline Section 15162 based upon the following:

Finding 1. No substantial changes are proposed in the project which will require major revisions of a previous EIR due to an involvement of new significant environmental effects, or a substantial increase in the severity of previously identified significant effects.

Evidence. Table 7 in the Addendum compares the original project analyzed under the certified PEIR with the revised project in the Leal Master Plan Amendment. The table shows that construction and operations for the revised project have similar or less impacts than what was contemplated in the original PEIR and as such, no new or increased significant impacts will occur.

Finding 2. No substantial changes will occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR.

Evidence. There have been no changes to the project boundary or size. Given that construction and operations for the revised project have similar or less impacts than what was contemplated in the original PEIR, no substantial changes have occurred in the circumstances for the proposed project that require revisions to the previous PEIR.

Finding 3. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified has been identified.

Evidence. The Addendum, technical studies have not identified any new information of substantial importance, which was known or could have been known with the exercise of reasonable diligence at the time the previous PEIR was certified.

Finding 4. The project will have not have any significant effects that are not discussed in the previous EIR, and there are no newly feasible, or considerably different, mitigation measures or alternatives which would substantially reduce one or more significant effects of the project which the applicant declines to adopt.

Evidence. All significant impacts were identified in the original PEIR. Potential impacts associated with the proposed project are identified in the Mitigation Monitoring and Reporting 2161 2607
Program. The project will not result in new mitigation measures. All Mitigation Measures are included in the Resolution and Conditions of Approval and the applicant agrees to comply.

The City evaluated the potential environmental impacts of the proposed revised project against the criteria set forth in CEQA Guidelines §§ 15162, 15163, 15164, and 15168(c). The City, acting as the Lead Agency, has determined that substantial evidence throughout the Addendum supports the determination that the project would not have any reasonably foreseeable environmental consequences beyond that analyzed in the PEIR and its associated administrative record, that none of the conditions listed above trigging preparation of a subsequent or supplemental EIR apply and that an Addendum to the Leal Master Plan PEIR (SCH No. 2015031028) is appropriate for the proposed project and related entitlements, and fully complies with CEQA, as described in Public Resources Code section 21166 and the CEQA Guidelines. The original EIR was prepared as a Program EIR and as such was evaluated pursuant to CEQA Guidelines § 15168(c). The Lead Agency determined that the effects of the later activity, in this case the revised project, were examined in the PEIR and pursuant to Section 15162 no subsequent or supplemental EIR is required.

SECTION 2. RECORD OF PROCEEDING
The documents and other materials that constitute the record of the proceedings upon which the City Council’s decision is based, which include but are not limited to the staff reports as well as all materials that support the staff reports for the proposed project, are located in the Planning Division of the City of Eastvale at 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752. The custodian of these documents is the City Clerk’s Office of the City of Eastvale.

SECTION 3. DETERMINATION
Based upon the findings outlined in Sections 1 and 2, the City Council of the City of Eastvale hereby approves the Addendum to the Certified Program EIR for the Leal Master Plan attached as Attachment A to the May 11, 2022 staff report for this Resolution.

SECTION 4. EFFECTIVE DATE
This Resolution shall take effect immediately upon adoption. 2162 2608
PASSED, APPROVED AND ADOPTED this 11th day of May, 2022. ____________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Erica Vega Marc Donohue
City Attorney City Clerk
2163 2609

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 Resolution No. 22-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 11th day of May 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
2164 2610
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING MAJOR DEVELOPMENT PLAN REVIEW (PLN22-20020 DR001) FOR THE CONCEPTUAL LAYOUT AND DESIGN OF APPROXIMATELY 158.6 ACRES TO FACILITATE THE DEVELOPMENT OF UP TO 2,500 RESIDENTIAL UNITS, 595,000

SQUARE FEET OF COMMERCIAL DEVELOPMENT, INCLUDING A HOTEL, A CIVIC

CENTER (CITY HALL, LIBRARY, POLICE STATION) AND FIRE STATION RELATED TO

A SITE LOCATED AT THE NORTHWEST CORNER OF HAMNER AND LIMONITE

AVENUES COMMONLY KNOWN AS THE LEAL PROPERTY
WHEREAS, the applicant (The New Home Company) submitted Planning Application No. 21- 20039, for approval of entitlements related to the 158.6-acre site located at the northwest corner of Hamner and Limonite Avenues commonly known as the Leal Property, herein as the “project”; and
WHEREAS, the applicant requests Amendment No. 1 to the Leal Master Plan (SPA001) which establishes zoning for the entire site, specifies backbone streets, identifies planning areas, parks, and open space, lists development standards such as setbacks, height limits, and design guidelines to facilitate development of the project; and WHEREAS, the applicant requests a Tentative Tract Map (TTM 38290) to subdivide the 158.6- acre site and create 14 numbered lots and 19 lettered lots. The lots are collectively allocated for residential and commercial development, public and private streets, public and private open space, parks, and trails. TTM 38290 also describes improvements for Hamner Avenue, Limonite Avenue, 58th Street and Scholar Avenue; and
WHEREAS, the applicant requests a Major Development Plan Review (PLN22-20020 DR001) for the conceptual layout and design of the approximately 158.6-acre parcel to facilitate the development of up to 2,500 residential units, 595,000 square feet of commercial development, including a hotel, a civic center (City Hall, Library, Police Station) and Fire Station; and WHEREAS, the applicant requests a Development Agreement (DA003) by and between the City of Eastvale and The New Home Company, which vests the land use entitlements for the project for a term of 20 years, establishes the amount and timing of development impact fees payable by the project, secures other public benefits including but not limited to land for a future civic center and fire station, and authorizes certain credits or reimbursements to The New Home Company; and
WHEREAS, the proposed project (Project No. PLN21-20039) is considered a “project” as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and
2165 2611
WHEREAS, a Program Environmental Impact Report (PEIR) was certified for the Leal Master Plan (SCH# 2015031028) that addressed physical development of the subject site; and WHEREAS, a Statement of Overriding Considerations was approved by the City Council in conjunction with the PEIR for the Leal Master Plan (SCH# 2015031028); and WHEREAS, pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines the City conducted an analysis of the proposed project that concluded there were no new significant environmental effects, or a substantial increase in the severity of identified significant effects previously identified in the Leal Master Plan PEIR; and WHEREAS, the City determined that none of the findings of Section 15162 of the State CEQA Guidelines required preparation of a subsequent or supplemental EIR and prepared an Addendum to the Leal Master Plan PEIR consistent with State CEQA Guidelines Section 15162; and
WHEREAS, on April 14, 2022, the City of Eastvale City Clerk published a legal notice concerning Project No. PLN21-20039 in the Press Enterprise, a local newspaper of general circulation, regarding the Planning Commission hearing on April 25, 2022; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 25, 2022, at which public testimony was received concerning Project No. PLN22-20039; and WHEREAS, the Planning Commission recommended that the City Council approve the requested Major Development Plan Review (PLN22-20020 DR001) for the conceptual layout and design of the approximately 158.6-acre parcel to facilitate the development of up to 2,500 residential units, 595,000 square feet of commercial development, including a hotel, a civic center (City Hall, Library, Police Station) and Fire Station; and
WHEREAS, on April 28, 2022, a public hearing notice was mailed to each property owner and tenant within a 600-foot radius of the project site, indicating the time and place of the City Council public hearing for Project No. PLN21-20039; and WHEREAS, on April 30, 2022, the City of Eastvale City Clerk published a legal notice concerning Project No. PLN21-20039 in the Press Enterprise, a local newspaper of general circulation, regarding the City Council hearing on May 11, 2022; and WHEREAS, the City Council conducted a duly noticed public hearing on May 11, 2022, at which public testimony was received concerning Project No. PLN21-20039;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. FINDINGS FOR MAJOR DEVELOPMENT REVIEW (PLN22-20020) 2166 2612
Pursuant to Section 120.02.010(c)(6) of the Eastvale Municipal Code, the City Council makes the following findings pertaining to the approval of a Major Development Review:

Finding 1. The proposed project is consistent with the objectives of the general plan, and complies with applicable zoning regulations, specific plan provisions, special planning area provisions, design guidelines, and improvement standards adopted by the city Evidence. The proposed Project is consistent with the General Plan and when developed will be consistent with the Master Plan Amendment site characteristics, design guidelines and development standards.

Finding 2. The proposed architecture, site design, and landscape are suitable for the purposes of the building and the site and will enhance the character of the neighborhood and community Evidence. The proposed architecture, site design, and landscape are suitable for the purposes of the mixed-use, downtown, lifestyle center contemplated for the site in the General Plan Master Plan and will enhance the character of the neighborhood and community with novel architecture and a medley of housing options.

Finding 3. The architecture, including the character, scale and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting and signing and similar elements, establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties Evidence. The proposed land uses in the Master plan are harmonious with the existing land uses along 58th Street and Hamner Avenue. As conditioned, the color pallet and materials in the Master Plan will establish a clear, unparalleled design concept to Eastvale. There are six distinct residential product types that will create unique neighborhood environments and add to the variety of housing options in Eastvale. As conditioned, the site characteristics and development standards in the amended Master Plan will complement traditional architectural styles and introduce novel design features that will create an array of housing options in Eastvale.

Finding 4. The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation
Evidence. The Tentative Tract Map and circulation plan show that the Project will not create conflicts with vehicles, people who walk and bike or use other transportation modes.

Finding 5. For residential subdivisions, the subdivision is well-integrated with the city's street network, creates unique neighborhood environments, reflects traditional architectural styles, and establishes a pedestrian-friendly environment
2167 2613
Evidence. The Tentative Tract Map utilizes the City's existing street network for entrance and exit to and from the Project site and as such is well integrated with the City's street network. There are six distinct residential product types that will create unique neighborhood environments and add to the variety of housing options in Eastvale. As conditioned, the site characteristics and development standards in the amended Master Plan will complement traditional architectural styles and introduce novel design features that will create an array of housing options in Eastvale. The network of linear parks, pathways and open space in the Master Plan are integrated and friendly to people who wish to walk.

Finding 6. If the project is located within the Chino Airport influence area, the proposed project is consistent with the most recently adopted version of the airport land use compatibility plan Evidence. The project is not located within the China Airport influence area and no consistency analysis is required.

SECTION 3. DETERMINATION
Based upon the findings outlined in Sections 1 and 2, the City Council of the City of Eastvale hereby approves Major Development Plan Review (PLN22-20020 DR001) for the conceptual layout and design of the approximately 158.6-acre parcel to facilitate the development of up to 2,500 residential units, 595,000 square feet of commercial development, including a hotel, a civic center (City Hall, Library, Police Station) and Fire Station.

SECTION 4. EFFECTIVE DATE
This Resolution shall take effect thirty (30) days after adoption of Ordinance No. 22-__ approving Amendment No. 1 to the Leal Master Plan (SPA001).
2168 2614
PASSED, APPROVED AND ADOPTED this 11th day of May, 2022. ____________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Erica Vega Marc Donohue
City Attorney City Clerk
2169 2615

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
2170 2616
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 1 CONDITIONS OF APPROVAL
Planning Application Number and Description: Project No. PLN22-20060 - Major Development Review for the conceptual layout and design of a 158.6-acre parcel (approximately) to facilitate the development of up to 2,500 residential units, 595,000 square feet of commercial development, including a hotel, a civic center (City Hall, Library, Police Station) and Fire Station.

Assessor’s Parcel Numbers: 164030010; 16430012-14; 164030024-25 City Council Review Date: May 11, 2022
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
General Conditions/Requirements

1. The applicant shall review and sign below verifying the “Acceptance of the Conditions of Approval” and return the signed page to the Eastvale Planning Department. The signed statement of acceptance is required and must be returned to the Planning Division prior to submittal for Building and Grading plan check and issuance of Building and Grading Permits.

Applicant Signature Date
Planning Division

2. The applicant shall indemnify, protect, defend, and hold harmless the City as provided for in the Development Agreement by and between the applicant and the City for the project.

Ongoing Planning Division
2171 2617
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 2 3. The project shall be developed in accordance with the Major Development Review application approved by the City Council on May 11, 2022, including the approved site plan, architectural elevations, conceptual landscape plan, etc.

The applicant may request modifications or revisions to the approved project as outlined in the Eastvale Zoning Code.

Ongoing Planning Division

4. The applicant shall ensure the deposit account with the Planning Division has a balance of at least $10,000 to cover time for follow-up, monitoring, and other post-approval work by staff. The City reserves the right to request additional deposits to cover post-approval staff work and to halt work if the deposit account is exhausted. Make check payable to the City of Eastvale and include Major Development Review No. PLN22-20020 on the check.

Ongoing Planning Division

5. The applicant shall ensure the deposit account with the Public Works Division has a balance of at least $10,000 to cover staff time to follow-up, monitoring, and other post-approval work by staff. The City reserves the right to request additional deposits to cover post-approval staff work and to half work if the deposit account is exhausted.

Ongoing Public Works
Division
Amendments to the Leal Master Plan

6. The Leal Master Plan shall be amended to require site specific parking studies for development projects, subject to approval by the Planning Division.

Upon approval of
the Leal Master
Plan Amendment
Planning
Division

7. As part of subsequent Major Development Reviews, a parking management plan shall be submitted to the Planning Division for review and approval. The parking management plan shall incorporate the phasing and construction of parking structures as needed to accommodate the parking needs of the overall project.

Upon approval of
the Leal Master
Plan Amendment
Planning
Division

8. The Leal Master Plan shall be amended to provide maximum building setbacks. Upon approval of the Leal Master
Plan Amendment
Planning
Division
Prior to approval of development plan or project

9. All development projects shall adhere to the requirements of the Leal Master Plan. Prior to approval of development
plan or project
Planning
Division
2172 2618
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 3 10. MM 3.2.1a: Fair share of funding shall be paid for widening Limonite Avenue along the project frontage from two to three lanes in each direction. Funding shall be determined and paid via the Riverside County Transportation Uniform Mitigation Fee (TUMF). Project plans and/or phasing shall establish the timing of this improvement to ensure it is in place prior to LOS D operations and consistent with the Master Plan’s infrastructure phasing provisions.

Prior to approval
of development
plan or project
Planning
Division/Public
Works

11. MM 3.2.1b: A focused traffic study shall be prepared that demonstrates the project’s consistency with the transportation impact assessment (TIA) for the Leal Master Plan prepared by Fehr & Peers (2015). The traffic study shall assess the following:
• Parking;
• Site access and on-site circulation;
• Interaction of driveways with adjacent intersections (if appropriate); • Impacts on local intersections;
• Impacts to pedestrian, transit, and bicycle facilities; and • Trip generation monitoring study to ensure that, as land develops in the Leal Master Plan area, the total development generates traffic at or below the levels assumed in this Draft EIR.

Prior to approval
of development
plan or project
Planning
Division/Public
Works
Satisfied

12. MM 3.2.1c Hamner Avenue shall be widened between Limonite Avenue and Bellegrave Avenue to three lanes in each direction either directly or through fairshare funding as determined by infrastructure and/or facility financing plans approved for the Leal Master Plan. Project plans and/or phasing shall establish the timing of this improvement to ensure it is in place prior to LOS F operations and consistent with infrastructure phasing provisions established as part of Master Plan implementation.

Prior to approval
of development
plan or project
Planning
Division/Public
Works

13. MM 3.5.1: Nonglare glass shall be used in all nonresidential buildings to minimize and reduce impacts from glare. Buildings that are allowed to use semi-reflective glass must be oriented so that the reflection of sunlight is minimized. Types of nonglare glass shall be specified on final development plans.

Prior to approval
of development
plan or project
Planning
Division/Public
Works

14. MM 3.6.1 An acoustical assessment shall be prepared that evaluates potential environmental noise impacts associated with the proposed project. Where the acoustical analysis determines that noise levels would exceed applicable City noise standards, noise reduction measures shall be identified and included in the project.

Prior to approval
of development
plan or project
Planning
Division/Public
Works
Satisfied
2173 2619
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 4 15. MM 3.6.2 A vibration assessment shall be prepared for construction projects that would involve the use of major vibration generating equipment (e.g., pile drivers, vibratory rollers) within 200 feet of existing structures. Measuresto reduce ground vibration levels shall be identified for any potential vibration impacts exceeding a vibration threshold of 0.2 in/sec ppv.

Prior to approval
of development
plan or project
Planning
Division/Public
Works
Satisfied

16. MM 3.8.1: A detailed cultural resources field survey of the subject property shall be conducted prior to approval of the project. The cultural resources field survey shall identify any cultural resource finds and will set out measures to mitigate any impacts to any significant resources as defined by CEQA, the California Register of Historical Resources, and/or the National Historic Preservation Act. Mitigation methods to be employed include but are not limited to the following:
• Redesign of the development project to avoid the resource. The resource site shall be deeded to the City or a nonprofit agency to be approved by the City for maintenance of the site.
• If avoidance is determined to be infeasible by the City, the resource shall be mapped, stabilized, and capped pursuant to appropriate standards. • If capping is determined to be infeasible by the City, the resource shall be excavated and recorded to appropriate standards.

Prior to approval
of development
plan or project
Planning
Division
Satisfied

17. Commercial Projects submitted for major design review shall include a minimum of three paint colors, three building materials and three-foot building projections above the roof line and three-foot projections from the plane of the wall on all four elevations, or as specified in the Master Plan, whichever results in higher quality design.

Prior to approval
of development
plan or project
Planning
Division
Prior to demolition permit issuance

18. MM 3.10.2a Asbestos. Prior to the issuance of any permit for the demolition or alteration of existing structure(s), a letter shall be provided to the Planning Department from a qualified asbestos abatement consultant indicating that no asbestos-containing materials (ACM) are present in the building. If ACMs are found to be present, they will need to be abated in compliance with the South Coast Prior to
demolition permit
issuance
Planning
Division
2174 2620
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 5 Air Quality Management District’s Rule 1403 and all other applicable state and federal rules and regulations.

Lead Paint. Prior to issuance of any permit for the demolition or alteration of the existing structure(s), a lead-based paint survey shall be performed to the written satisfaction of the Eastvale Building Safety and Inspection Department. Should lead-based paint materials be identified, standard handling and disposal practices shall be implemented pursuant to OSHA regulations.

Polychlorinated Biphenyls. Prior to issuance of a demolition permit, a polychlorinated biphenyls (PCB) abatement contractor shall conduct a survey of the project site to identify and assist with compliance with applicable state and federal rules and regulations governing PCB removal and disposal.

Prior to grading permit issuance

19. MM 3.3.5a: A site-specific air toxics pollutant analysis shall be conducted in accordance with the SCAQMD (2008) Final Localized Significance Threshold Methodology for construction activities. If SCAQMD screening thresholds would be exceeded, air toxic reduction measures shall be identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance thresholds despite the imposition of air toxic reduction measures, project-specific construction-related dispersion modeling acceptable to the SCAQMD shall be used to identify potential toxic air contaminant impacts, including diesel particulate matter. If SCAQMD risk thresholds would be exceeded, additional measures shall be identified in the air toxics analysis to address potential impacts and shall be based on site specific information such as the distance to the nearest sensitive receptors, project site plan details, and construction schedule. The City shall ensure that construction contracts include all identified measures and that the measures reduce the health risk below SCAQMD risk thresholds. Construction generated air toxics pollutant mitigation measures may include but not be limited to:

1. Limiting the amount of acreage to be graded in a single day.

2. Restricting intensive equipment usage and intensive ground disturbance to hours outside of hours typically spent at home.

3. Notifying affected sensitive receptors one week prior to commencing on-site construction so that any necessary precautions (such as rescheduling or relocating outdoor activities) can be implemented. The written notification shall include the Prior to grading
permit issuance
Planning
Division/Public
Works
Satisfied
2175 2621
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 6 name and telephone number of the individual empowered to manage construction of the project. In the event complaints are received, the individual empowered to manage construction shall respond to the complaint within 24 hours. The response shall include identification of measures being taken by the project construction contractor to reduce construction related air pollutants. Such measures may include but are not limited to the relocation of equipment or the rescheduling of
construction outside of hours typically spent at home.

21. MM 3.3.5b: A site-specific air toxics pollutant analysis shall be conducted in accordance with the SCAQMD (2008) Final Localized Significance Threshold Methodology for operational activities. If SCAQMD screening thresholds would be exceeded, air toxic reduction measures shall be identified in order to reduce potential impacts to a level that is less than significant. If it is the case that emissions remain in excess of SCAQMD localized significance thresholds despite the imposition of air toxic reduction measures, project-specific operations-related dispersion modeling acceptable to the SCAQMD shall be used to identify potential toxic air contaminant impacts, including diesel particulate matter generated by heavy-duty haul trucks. If SCAQMD risk thresholds would be exceeded, additional mitigation measures shall be identified in the air toxics analysis to address potential impacts and shall be based on site-specific information such as the distance to the nearest sensitive receptors, project site plan details, and merchandise delivery schedule. The City shall ensure that operations include all identified measures and that the measures reduce the health risk below SCAQMD risk thresholds. Operations-generated air toxic pollutant mitigation measures may include but not be limited to:

1. Redesigning the project site plan to locate proposed loading dock facilities as far from sensitive receptors as possible.

2. Posting signage stating the State mandated prohibition on all project trucks idling in excess of 5 minutes under the Heavy-Duty Vehicle Idling Emission Reduction Program.

3. Restricting the number of daily heavy-duty haul truck deliveries.

22. MM 3.5.1: Nonglare glass shall be used in all nonresidential buildings to minimize and reduce impacts from glare. Buildings that are allowed to use semi-reflective glass must be oriented so that the reflection of sunlight is minimized. Types of nonglare glass shall be specified on final development plans.

Prior to issuance
of grading
permit/ground
disturbance
Planning
Division
2176 2622
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 7 23. MM 3.6.3 A construction-related noise mitigation plan shall be submitted to the City for review and approval prior to issuance of a grading permit. The plan shall depict the location of construction equipment and specify how the noise from this equipment will be mitigated during construction of the project.

Prior to issuance
of grading
permit/ground
disturbance
Planning
Division
Satisfied

24. MM 3.6.4: The following mitigation measures shall be implemented and specified on all project construction plans:
a) Clearing and construction activities shall be conducted outside of 6:00 p.m. and 6:00 a.m. during the months of June through September, and outside of 6:00 p.m. and 7:00 a.m. during the months of October through May (Municipal Code Chapter 8.52, Noise Regulation).
b) All construction equipment shall be kept properly tuned and use noise reduction features (e.g., mufflers and engine shrouds) that are no less effective than those originally installed by the manufacturer.
c) Construction equipment staging areas shall be centrally located on the project site or located at the farthest distance possible from nearby residential land uses. d) All motorized construction equipment and vehicles shall be turned off when not in use.

Prior to issuance
of grading
permit/ground
disturbance
Planning
Division

25. MM 3.7.1 All construction and clearing activities shall be conducted outside of the avian nesting season (January 15– August 31), when feasible. If clearing and/or construction activities occur during the nesting season, preconstruction surveys for nesting raptors, special-status resident birds, and other migratory birds protected by the Migratory Bird Treaty Act shall be conducted by a qualified biologist, up to 3 days before initiation of construction activities. The qualified biologist shall survey the construction zone and a 250-foot radius surrounding the construction zone to determine whether the activities taking place have the potential to disturb or otherwise harm nesting birds. If an active nest is located within 100 feet (250 feet for raptors) of construction activities, the project applicant shall establish an exclusion zone (no ingress of personnel or equipment at a minimum radius of 100 feet or 250 feet, as appropriate, around the nest).

Alternative exclusion zones may be established through consultation with the CDFW and the USFWS, as necessary. The City shall be notified if altered exclusions zones widths are authorized by these agencies prior to the initiation of work. The exclusion zones shall remain in force until all young have fledged.

Prior to issuance
of grading
permit/ground
disturbance
Planning
Division

26. MM 3.7.2 Prior to breaking ground, a qualified biologist shall be retained to determine whether potentially jurisdictional waters are present. If potentially Prior to issuance
of grading
Planning
Division
Satisfied
2177 2623
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 8 jurisdictional features are identified, the project applicant shall submit a preliminary jurisdictional determination to the US Army Corps of Engineers for verification. The verified delineation will be submitted to the City for its records. permit/ground
disturbance

27. MM 3.7.3 Projects shall result in no net loss of sensitive habitats, riparian vegetation, and/or federally protected waters through impact avoidance, impact minimization, and/or compensatory mitigation, as determined in Clean Water Act Section 404 and 401 permits and/or a 1602 Streambed Alteration Agreement.

Evidence of compliance with this mitigation measure shall be provided to the City prior to approval of each individual grading permit.

Prior to issuance
of grading
permit/ground
disturbance
Planning
Division
Satisfied

28. MM 3.10.2b: The project applicant shall conduct a Phase II ESA and shall follow its recommendations to remediate any potentially contaminated soil or groundwater. On-site contaminants must be addressed to the satisfaction of either Cal/EPA or the Riverside County Waste Management Department, with their approval of completion of activities/remedial action plans (RAP) submitted to the Eastvale Public Works Division prior to the issuance of a grading permit.

Prior to issuance
of grading
permit/ground
disturbance
Public Works

29. Prior to the issuance of a grading permit, the developershall pay all applicable fees for the area encompassed by the grading permit as determined by the City Engineer including but not limited to grading permit fees.

Prior to issuance
of grading permit
Public Works
Division

30. Grading in excess of 199 cubic yards will required performance security to be posted with the City.

Prior to issuance
of grading permit
Public Works
Division

31. A permit for the hauling of material to and fromthe projectsite shall be submitted to the City for approval.

Prior to issuance
of grading permit
Public Works
Division

32. Submit a California civil engineer prepared earthwork cut and fill certification letter to the Engineering Division for review. If the required earthwork in cubic yards is 50 CY or less, a Precise Grading/Paving Plan will not be required; however, the applicant is required to pull an NPDES/Public Works permit prior to issuance of a Building Permit for record purposes.

Prior to issuance
of grading permit
Public Works
Division

33. Development of the site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) Permit for the City of Eastvale, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010- 0036. Pursuant to the NPDES Permit, the developer shall ensure development of Prior to issuance
of grading permit
Public Works
Division
2178 2624
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 9 the site incorporates post-construction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The developer is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval. The site specific WQMP shall be submitted to the City
Engineer for review and approval with the Precise Grading/Paving Plan.

34. Prior to commencing with any grading, the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:
a. 6-foot high tan or green colored perimeter screened fencing b. Contractor information signage including contact information along the street frontage.
c. Post dust control signage with the following verbiage: “Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800-CUT-SMOG/1-800-228-7664”
Prior to issuance
of grading permit
Public Works
Division

35. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer.

The General Construction Permit requires the developer’s contractor to prepare and maintain a Storm Water Pollution Prevention Plan (“SWPPP”). The SWPPP requires all appropriate measures be implemented to prevent erosion and water pollution during construction.

Prior to issuance
of grading permit
Public Works
Division
2179 2625
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 10 36. A California registered Geotechnical Engineer prepared Geotechnical/Soils Report shall be required for and incorporated as an integral part of the grading/paving plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of the Precise Grading/Paving Plan.

Prior to issuance
of grading permit
Public Works
Division
2180 2626
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 11 37. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. All on-site City Engineer approved retention or other facilities are required to contain the increase stormwater runoff generated from the proposed development. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. The City Engineer must approve the final retention basin sizing and other stormwater runoff mitigation measures determined upon review and approval of the hydrology and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The existing “pre-developed” condition compared to the proposed “developed” condition shall be used to calculate the volume of increased stormwater runoff to retain on-site under the 100-year frequency storm.

Prior to issuance
of grading permit
Public Works
Division

38. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains.

On-Going Public Works
Division
Prior to Issuance of Encroachment Permit for Street Improvements

39. The minimum pavement section for all on-site pavements shall be 3 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The pavement section shall be determined using appropriate Traffic Index (“TI”) accepted by the City Engineer. A California registered Geotechnical Engineer shall design the pavement section using "R" values from the project site and submitted to the City Engineer for approval.

Prior to issuance
of encroachment
permit
Public Works
Division
2181 2627
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 12 40. Traffic Control Plan, for construction and hauling operations, prepared by a licensed civil/traffic engineer shall be submitted to the City Engineer for review and approval.

Prior to issuance
of encroachment
permit
Public Works
Division
Prior to Issuance of Building Permit

41. Prior to issuance of Building Permit, the site plan, building footprints and elevations, shall adhere to the requirements of the Leal Master Plan.

Prior to issuance
of building permit
Planning Division

42. The public street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of required improvements; however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required herein.

Prior to issuance
of building permit
Public Works
Division

43. The Precise Grading/Paving Plan shall be City Engineer approved prior to issuance of a building permit.

Prior to issuance
of building permit
Public Works
Division
2182 2628
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 13 44. A WQMP and Storm Water BMP Transfer, Access and Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Storm Water BMP Transfer, Access and Maintenance Agreement shall be approved prior to issuance of a building permit and shall be Public Works Staff recorded at the San Bernardino County Recorder’s Office prior to issuance of a Certificate of Occupancy.

Prior to issuance
of building permit
Public Works
Division

45. Provide pad elevation certifications for all building pads in conformance with the approved Precise Grading Plan to the Engineering Division prior to construction of any building foundation.

Prior to issuance
of building permit
Public Works
Division

46. The developer shall connect to the JCSD sewer system and apply for a sewer connection account with JCSD
The project applicant, developer, or successor in interest shall provide written verification that the Jurupa Community Services District can and will provide potable water service to the project.

Prior to issuance
of building permit
Public Works
Division

47. Submit California registered civil engineer prepared sewer improvement plans to the JCSD/Engineering Division. The plans shall be JCSD/City Engineer approved prior to issuance of any building permits.

Prior to issuance
of building permit
Public Works
Division

48. The developer is advised that domestic water service is provided by JCSD. The developer shall be responsible for coordinating with JCSD and complying with all requirements for establishing domestic water service to the property.

Prior to issuance
of building permit
Public Works
Division

49. The developer is responsible for requesting from the Planning Division any addresses needed for any building(s) and/or any electrical/water single/dual irrigation meter pedestal(s).

Prior to issuance
of building permit
Planning Division
2183 2629
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 14 An address map shall be prepared and submitted by the applicant for review and approval by the Planning Division.

Note: Apartment addresses shall use a main address with a suite #.

Note: Meter addresses shall use a whole address or unit #.

50. Any proposed signage must be reviewed and approved by the Planning Division and must comply with the City's Sign Ordinance.

Prior to submittal
of building plan
check and building
permit issuance
Planning Division

51. A minimum of one (1) Electric Vehicle charging station per commercial parcel shall be installed to the satisfaction of the Community Development Director.

Prior to issuance
of building permit
Planning Division

52. Plans shall reflect that all street lights and other outdoor lighting are hooded or shielded to prevent either the spillage of lumens or reflection into the sky or above the horizontal plane.

Prior to issuance
of building permit
Planning Division

53. Landscape plans shall be submitted to the Planning Division and approved by the City Landscape Architect. A licensed Landscape Architect shall prepare the plans. Landscape plans shall be drawn at a minimum scale of 20 feet equal to 1 foot.

Three sets of construction landscape plans shall be submitted to the Planning Division for review and approval. The plan shall be certified by a licensed landscape architect as required, taking into account approved preliminary landscape plan (if any), adopted plant palette guides, applicable scenic and specific plan requirements, and water conservation measures. This submittal shall be made to the Planning Division with the appropriate Application and Fee.

Prior to issuance
of building permit
Planning Division
2184 2630
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 15 54. The above-described plans shall be in substantial conformance with the conceptual plans and renderings shown to City Council as approved by the City Landscape Architect, City Administrative Staff, Planning Commission and/or City Council. Notes, details, and specifications shall be included.

Prior to issuance
of building permit
Planning Division

55. All landscape and irrigation plans shall be consistent with the City of Eastvale Zoning Code, with Section 5.4 Landscaping General Provisions, the City of Eastvale Design Standards and Guidelines, and the City of Eastvale Chapter

14.24 Water Efficient Landscape Regulations, and other current applicable codes and guides.

Prior to issuance
of building permit
Planning Division

56. Planter areasshall contain a minimum width of 5 feet or greater of planting space, unless otherwise approved.

Prior to issuance
of building permit
Planning Division

57. Mature specimen trees in 36-inch and/or 48-inch boxes shall be supplied in sufficient quantity to provide prominent project entry statements and at major focal areas.

Prior to issuance
of building permit
Planning Division

58. Shrubs and vines shall be installed from a minimum of 5-gallon containers unless approved by the City of Eastvale Landscape Architect. Shrubs and ground covers shall be designed for installation at reasonable spacing to allow for growth to relative maturity.

Prior to issuance
of building permit
Planning Division

59. Canopy shade treesshall be located directly adjacent to uncovered parking spaces at no farther than 30 feet on center. Shade trees located in tree wells or planter islands shall be located at approximately 27 feet on center.

Prior to issuance
of building permit
Planning Division

60. Plant materials within planting areas shall be hydro-zoned using WUCOLS IV, Region 4.

Prior to issuance
of building permit
Planning Division

61. A top mulch layer of approved wood bark mulch shall be applied to the soil a minimum of 3 inches deep.

Prior to issuance
of building permit
Planning Division
2185 2631
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 16 62. Root barriers shall be installed for all trees located within 5 feet of paving in 10 to 12 foot lengths. Trees located within 10 feet of curbs, city sidewalks, within planted parkways, and street medians shall utilize 20 lineal feet of root barrier.

Prior to issuance
of building permit
Planning Division

63. Utility and trash enclosure walls shall be appropriately screened within planting areas at least 5 feet wide with shrubs and/or vines that mitigate the view of the walls and the equipment within the enclosure.

Prior to issuance
of building permit
Planning Division

64. Above ground utility locations shall be screened from public view to the extent possible. Developer shall work with the utility companies, including SCE, to the extent possible to provide a minimum of 3-foot wide planting area located outside the SCE setback to the transformer.

Prior to issuance
of building permit
Planning Division

65. A weather-based smart irrigation controller shall be installed. A rain shut off device or weather station shall be installed connected with the irrigation controller.

Prior to issuance
of building permit
Planning Division

66. All fertilizers and soil amendments used during planting preparation and installation shall be derived from organic based materials. Humate at 50 pounds per 1,000 square feet and mycorrhizae shall be included. Organic soil amendments at a ratio of 4 cubic yards per thousand square foot shall be incorporated into the planting preparation, unless otherwise recommended by the soil management
plan.

Prior to issuance
of building permit
Planning Division
Prior/During Ground Disturbance and Construction

57. If cultural resources (i.e., prehistoric sites, historic sites, and isolated artifacts) are discovered during grading or construction activities in the project area, work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history shall be retained to determine the significance of the discovery.

The City shall consider mitigation recommendations presented by a professional archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards in archaeology and/or history for any unanticipated discoveries. The City and the project applicant of the site where the discovery is made shall consult and agree on implementation of a measure or measures that the City deems feasible. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate During project
construction
Planning Division
2186 2632
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 17 measures. The project applicant shall be required to implement any mitigation necessary for the protection of cultural resources.

68. MM 3.8.3 If human remains are discovered during any ground-disturbing activities in the project area, all work shall be halted immediately within 50 feet of the discovery, the City Planning Department shall be notified, and the Riverside County Coroner must be notified per California Public Resources Code Section 7050.5 and California Health and Safety Code Section 5097.98. If the remains are determined to be Native American, the coroner will notify the Native American Heritage Commission, and the procedures outlined in CEQA Section 15064.5(d) and (e) shall be followed.

During project
construction
Planning Division

69. MM 3.8.4 Prior to issuance of a grading permit, a certified professional paleontologist will be retained by the developer to provide professional paleontological services, which will include survey, education of construction workers, onsite construction monitoring, appropriate recovery, and reporting.

A paleontological monitor shall be present during ground disturbing activities in the eastern half of the Project. The monitor shall work under the direct supervision of a qualified paleontologist (B.S./B.A. in geology, or related discipline with an emphasis in paleontology and demonstrated competence in paleontological research, fieldwork, reporting, and curation).

1. The qualified paleontologist shall be on-site at the pre-construction meeting to discuss monitoring protocols.

2. The paleontological monitor shall be present full-time during ground disturbance in the eastern half of the Project, including but not limited to grading, trenching, utilities, and offsite easements. If, after excavation begins, the qualified paleontologist determines that the sediments are not likely to produce fossil resources, monitoring efforts shall be reduced.

3. The monitor shall be empowered to temporarily halt or redirect grading efforts if paleontological resources are discovered.

4. In the event of a paleontological discovery the monitor shall flag the area and notify the construction crew immediately. No further disturbance in the flagged area shall occur until the qualified paleontologist has cleared the area.

During project
construction
Planning Division
2187 2633
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 18 5. In consultation with the qualified paleontologist the monitor shall quickly assess the nature and significance of the find. If the specimen is not significant it shall be quickly mapped, documented, removed, and the area cleared.

6. If the discovery is significant the qualified paleontologist shall notify the CLIENT and CITY immediately.

7. In consultation with the CLIENT and CITY the qualified paleontologist shall develop a plan of mitigation which will likely include full-time monitoring, salvage excavation, scientific removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the find, curation of the find in a local qualified repository, and preparation of a report summarizing the find.

For the remaining portions of the Project site, if any paleontological resources (fossils) are discovered during grading or construction activities in the Project area, work shall be halted immediately within 50 feet of the discovery, and the City Planning Department shall be immediately notified. At that time, the City will coordinate any necessary investigation of the discovery with a qualified paleontologist.

The City shall consider the mitigation recommendations of the qualified paleontologist for any unanticipated discoveries of paleontological resources.

The City and the Project applicant shall consult and agree on implementation of a measure or measures that the City deems feasible and appropriate. Such measures may include avoidance, preservation in place, excavation, documentation, curation, data recovery, or other appropriate measures. The Project applicant shall be required to implement any mitigation necessary for the protection of paleontological resources.

70. MM 3.10.2c All trash and debris observed on-site shall be removed prior to construction activities and disposed of at a landfill or approved dumpsite.

During project
construction
Planning Division
Prior to Occupancy

71. Exterior finishes of superior quality, color and materials shall be used for the buildings and open plaza areas in accordance with the Leal Master Plan Prior to
Occupancy
Planning Division
2188 2634
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 19 72. Decorative lighting fixtures, trash receptacles, street furniture, bicycle racks and planters shall be placed at every major commercial tenant and pad entrance.

Prior to
Occupancy
Planning Division

73. The design of commercial buildings shall incorporate variation in parapet treatment, rooflines, and building wall lines with a minimum dimension of three (3) feet for every 100 linear feet of building wall.

Prior to
Occupancy
Planning Division

74. The project shall incorporate the use of shadow play through the use of deeply recessed or projecting features including pop-out window masses, built up relief details, cornices, trim, recessed windows and entrances with a minimum dimension of three (3) feet, or as provided in the Master Plan.

Prior to
Occupancy
Planning Division

75. The project shall incorporate decorative, fully defined architecture on all facades facing the public right of way or paseo, including windows, doors and other architectural details.

Service doors shall be recessed and integrated into the overall design of the building. All building facades shall be treated with an architectural quality finish.

Rain gutters and downspouts, vents and other roof protrusions shall be incorporated into the design of the building. Unfinished galvanized roof metal flashing is not acceptable.

All major commercial tenants and pad buildings shall have a defined highly visible pedestrian entrance with a canopy, overhang, recession/projection a minimum of 3 feet, arches, patios, display windows, tile work, and molding integrated into the building structure and design; and Integral landscape areas and/or places for sitting.

Lighting shall be provided for all pedestrian movement paths such as walkways and where stairs, curbs, ramps, and crosswalks occur at night.

Loading facilities shall be located out of sight of streets used by the public, to the extent possible. Loading docks shall be located at the rear of the buildings and screened from view by walls and/or landscaping to the extent practical.

Prior to
Occupancy
Planning Division
2189 2635
Eastvale City Council
Project No. PLN22-20020 Major Development Review for Leal Master Plan 20 Barbed wire, razor wire or similar wire or security fences shall not be permitted.

Chain link and wood fencing and barb wire shall not be permitted.

A speaker system shall be incorporated into the overall commercial core site design for ambient music.

76. All signs and entry monumentation shall be lit and setback a minimum of five feet from the property line.

Prior to
Occupancy
Planning Division

77. A minimum of ten percent (10%) of the parking area shall be landscaped. One tree shall be planted for every five (5) parking spaces within the parking area.

Fifty percent of the trees shall be a minimum size of fifteen (15) gallons and fifty percent of the trees shall be a minimum size of twenty-four (24) inch box, or as specified in the Master Plan.

Planting areas shall be placed at each end of a parking row and shall contain a maximum of ten contiguous parking spaces without curbed parking planting areas.

Prior to
Occupancy
Planning Division
2190 2636
2191 2637
RESOLUTION NO. 22-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP (TTM 38290) TO SUBDIVIDE 158.6 ACRES AND CREATE 14 NUMBERED LOTS AND 19 LETTERED LOTS AT A SITE LOCATED AT

THE NORTHWEST CORNER OF HAMNER AND LIMONITE AVENUES COMMONLY

KNOWN AS THE LEAL PROPERTY
WHEREAS, the applicant (The New Home Company) submitted Planning Application No. 21- 20039, for approval of entitlements related to the 158.6-acre site located at the northwest corner of Hamner and Limonite Avenues commonly known as the Leal Property, herein as the “project”; and
WHEREAS, the applicant requests Amendment No. 1 to the Leal Master Plan (SPA001) which establishes zoning for the entire site, specifies backbone streets, identifies planning areas, parks, and open space, lists development standards such as setbacks, height limits, and design guidelines to facilitate development of the project; and WHEREAS, the applicant requests a Tentative Tract Map (TTM 38290) to subdivide the 158.6- acre site and create 14 numbered lots and 19 lettered lots. The lots are collectively allocated for residential and commercial development, public and private streets, public and private open space, parks, and trails. TTM 38290 also describes improvements for Hamner Avenue, Limonite Avenue, 58th Street and Scholar Avenue; and
WHEREAS, the applicant requests a Major Development Plan Review (PLN22-20020 DR001) for the conceptual layout and design of the approximately 158.6-acre parcel to facilitate the development of up to 2,500 residential units, 595,000 square feet of commercial development, including a hotel, a civic center (City Hall, Library, Police Station) and Fire Station; and WHEREAS, the applicant requests a Development Agreement (DA003) by and between the City of Eastvale and The New Home Company, which vests the land use entitlements for the project for a term of 20 years, establishes the amount and timing of development impact fees payable by the project, secures other public benefits including but not limited to land for a future civic center and fire station, and authorizes certain credits or reimbursements to The New Home Company; and
WHEREAS, the proposed project (Project No. PLN21-20039) is considered a “project” as defined by the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq.; and
WHEREAS, a Program Environmental Impact Report (PEIR) was certified for the Leal Master Plan (SCH# 2015031028) that addressed physical development of the subject site; and 2192 2638
WHEREAS, a Statement of Overriding Considerations was approved by the City Council in conjunction with the PEIR for the Leal Master Plan (SCH# 2015031028); and WHEREAS, pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines the City conducted an analysis of the proposed project that concluded there were no new significant environmental effects, or a substantial increase in the severity of identified significant effects previously identified in the Leal Master Plan PEIR; and WHEREAS, the City determined that none of the findings of Section 15162 of the State CEQA Guidelines required preparation of a subsequent or supplemental EIR and prepared an Addendum to the Leal Master Plan PEIR consistent with State CEQA Guidelines Section 15162; and
WHEREAS, on April 14, 2022, the City of Eastvale City Clerk published a legal notice concerning Project No. PLN21-20039 in the Press Enterprise, a local newspaper of general circulation, regarding the Planning Commission hearing on April 25, 2022; and WHEREAS, the Planning Commission conducted a duly noticed public hearing on April 25, 2022, at which public testimony was received concerning Project No. PLN22-20039; and WHEREAS, the Planning Commission recommended the City Council approve the requested Tentative Tract Map (TTM 38290); and
WHEREAS, on April 28, 2022, a public hearing notice was mailed to each property owner and tenant within a 600-foot radius of the project site, indicating the time and place of the City Council public hearing for Project No. PLN21-20039; and WHEREAS, on April 30, 2022, the City of Eastvale City Clerk published a legal notice concerning Project No. PLN21-20039 in the Press Enterprise, a local newspaper of general circulation, regarding the City Council hearing on May 11, 2022; and WHEREAS, the City Council conducted a duly noticed public hearing on May 11, 2022, at which public testimony was received concerning Project No. PLN21-20039;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:

SECTION 1. FINDINGS FOR TENTATIVE TRACT MAP (TTM 38290) Pursuant to Section 130.12.190 of the Eastvale Municipal Code, the City Council approves Tentative Tract Map 38920 based on the following findings:
(1) The proposed land division is consistent with applicable general and Master plans 2193 2639
The site has a General Plan designation of Leal Master Plan. This designation permits the proposed land uses in the revised Master Plan.
(2) The design or improvement of the proposed land division is consistent with applicable general and Master Plans
As conditioned, the proposed subdivision will be designed to meet City standards which provide satisfactory pedestrian and vehicular circulation, including emergency vehicle access and on site improvements, such as streets, utilities, and drainage facilities have been designed and are conditioned to be constructed in conformance with City standards. (3) The site of the proposed land division is physically suitable for the type of development The site is generally flat and consists of approximately 158.6 acres. The site is not located within a flood plain and no major geologic hazards have been reported on the site or other limited conditions that would render it unsuitable for residential and commercial development. (4) The site of the proposed land division is physically suitable for the proposed density of the development
The site is rectangular shaped and accessible from major streets. The size, 158.6 acres will accommodate the proposed density of the Project.
(5) The design of the proposed land division or proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat
CSLS biologists conducted an analysis of biological resources and jurisdictional waters within the Project Area on June 9, 2021, and focused burrowing owl surveys and narrow endemic plant surveys were conducted on June 16, 23, July 1 and 13, 2021. A Delhi Sands Flower Loving Fly Assessment was performed on June 18, 2021. Based on the updated 2021 detailed Biological Surveys, the Project is not anticipated to have a greater impact than what was originally analyzed in the 2015 EIR and is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat.
(6) The design of the proposed land division or the type of improvements are not likely to cause serious public health problems
The design of the subdivision is in conformance with the City's General Plan, Master Plan, and Subdivision Ordinance, the construction of all improvements on the site has been conditioned to comply with all applicable City of Eastvale ordinances, codes, and standards including, but not limited to, the California Uniform Building Code, the City's Ordinances relating to stormwater runoff management and controls. In addition, the design and construction of all improvements for the subdivision has been conditioned to be in conformance with adopted public works 2194 2640
standards. The City's ordinances, codes, and standards have been created based on currently accepted standards and practices for the preservation of the public health, safety and welfare.

Finally, the proposed street system throughout the subdivision will provide emergency vehicular access in the immediate neighborhood.
(7) The design of the proposed land division or the type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed land division
Easements Nos. 6 and 4 will be vacated prior to construction of Planning Areas 12 and 8 respectively. No other easements of record or easements established by judgment of a court of competent jurisdiction for public access across the site have been disclosed in a search of the title records for the site and the City does not otherwise have any constructive or actual knowledge of any such easements.

SECTION 3. DETERMINATION
Based upon the findings outlined in Sections 1 and 2, the City Council of the City of Eastvale hereby approves Tentative Tract Map (TTM 38290) to subdivide the 158.6-acre site and create 14 numbered lots and 19 lettered lots, subject to the conditions of approval attached hereto and incorporated herein by reference.

SECTION 4. EFFECTIVE DATE
This Resolution shall take effect thirty (30) days after adoption of Ordinance No. 22-__ approving Amendment No. 1 to the Leal Master Plan (SPA001).
2195 2641
PASSED, APPROVED AND ADOPTED this 11th day of May, 2022. ____________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Erica Vega Marc Donohue
City Attorney City Clerk
2196 2642

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
2197 2643
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 1 of 19

CONDITIONS OF APPROVAL
Planning Application Number and Description: Project No. PLN21-20039 – Tentative Tract Map (TTM 38290) to subdivide the 158.6- acre site and create 14 numbered lots and 19 lettered lots. The lots are collectively allocated for residential and commercial development, public and private streets, public and private open space, parks, and trails. TTM 38290 also describes improvements for Hamner Avenue, Limonite Avenue, 58th Street and Scholar Avenue.

Assessor’s Parcel Number: 164030010; 16430012-14; 164030024-25 City Council Review Date: May 11, 2022
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
General Conditions/Requirements

1. The applicant shall review and sign below verifying the “Acceptance of the Conditions of Approval” and return the signed page to the Eastvale Planning Division. Project approval is not final until a signed copy of these conditions is filed with the City.

Applicant Signature Date
Must be
completed to
finalize approval
Planning
Division

2. The applicant shall indemnify, protect, defend, and hold harmless the City as provided for in the Development Agreement by and between the applicant and the City for the project.

Ongoing Planning
Division

3. The applicant shall ensure the deposit account has a balance of at least $10,000 at the time that the applicant signs these conditions of approval (per Condition No. 1) to coverstaff time for follow-up, monitoring, and other post-approval work by staff. The City reserves the right to request additional deposits to cover post- approvalstaff work and to halt work if the deposit account is exhausted. Make check payable to the City of Eastvale and include Project No. PLN21-20039 on the check.

Ongoing Planning
Division
2198 2644
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 2 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

4. Applicant understands and agrees that failure to comply with all conditions of approval may result in the City Council/Planning Commission taking action resulting in modification of conditions of approval and/orsuspension or revocation of the Tentative Tract Map.

Ongoing Planning
Divisions
Tentative Tract Map (TTM)

5. TTM No. 38290 is approved as shown on the tentative tract map submitted to the Planning Division, and as approved by the APPROVING AUTHORITY, subject to all requirements of the City of Eastvale Municipal Code. If the Conditions of Approval specified herein are not satisfied or otherwise completed, the Project shall be subject to revocation.

Ongoing Public Works
Division

6. The applicant shall submit a proposed final tract map and all supporting documents to PW for review and approval.

Prior to Map
Recordation
Public Works
Division

7. At the discretion of the Developer, the development may be annexed into a new City of Eastvale owned and administered CFD and/or LMD for traffic signals, street lights, and landscape maintenance of raised landscape median and public parkways, trails, linear parks, which shall be to the satisfaction of the City Engineer, or Developer shall pay applicable fees.

Priorto each
applicable “B”
Map
Recordation
Public Works
Division

8. The applicant shall enter into a Subdivision Improvement Agreement with the City, and shall guarantee by posting security(ies) to include all public improvements that the developer is conditioned to construct as part of this approval.

Prior to each
applicable “B”
Map
Recordation
Public Works
Division

9. The applicant shall submit to the City Engineer for review and approval of CC&Rs and/or Property Owners Association document to maintain and operate common areas and/or facilities including but not limited to water quality basins.

Prior to each
applicable “B”
Map
Recordation
Public Works
Division
2199 2645
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 3 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

10. Show on the Final Map dedication of the public ROW for Hamner Ave, Limonite Ave, Scholar Way, 58th St to the satisfaction of the City Engineer
Prior to each
applicable “B”
Map
Recordation
Public Works
Division

11. The applicant shall provide will-serve letters from all utility agencies. Prior to each applicable “B”
Map
Recordation
Public Works
Division

12. The applicantshall record appropriate easement(s) and agreement(s) for the construction and maintenance of water quality facilities to meet the Storm Water Permit/Water Quality Management Plan Requirements.

Any retention/detention basin shall be undergrounded with useable public open space above ground.

Prior to each
applicable “B”
Map
Recordation
Public Works
Division

13. Provide plans (landscape, grading, etc.) showing a multipurpose trail/Class I trail/linear park fronting the property along Hamner, Limonite Ave, Scholar Way, and 58th St.

Prior to each
applicable “B”
Map
Recordation
Public Works
Division

14. Improvements along Scholar, 58th, Hamner, and Limonite per Specific Plan shall be coordinated and confirmed with Planning and Public Works Dept prior to submittal of street improvement plans.

Prior to each
applicable “B”
Map
Recordation
Public Works
Division

15. Additional right of way widths than thatshown in TTM may be required to accommodate the improvements required per Master Plan, Specific Plan, General Plan or any other City documents/policies.

Prior to each
applicable “B”
Map
Recordation
Public Works
Division
2200 2646
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 4 of 19

16. All public road dedications as part of this Conditions of Approval shall utilize the following design criteria to the satisfaction of the City Engineer:
- 11 feet for left/right turn pockets on Scholar and 58th - 12 feet for general purpose travel lanes
- 14 feet for general purpose travel lanes adjacent to the right curb - 14 feet for right turn pocket adjacent to curb on Limonite and Hamner
- southbound Hamner near Limonite shall have three through lanes, two left turn pockets, one right turn pocket, plus all other amenities (trails, landscaping, and bike lanes) shown in TTM.

Off-site Street
Improvement
Plans
Public Works
Division
2201 2647
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 5 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
- - southbound Hamner north of Eastvale Gateway shall have three through lanes, one left turn pocket, one right turn pocket, plus all other amenities (trails, landscaping, and bike lanes) shown in TTM. - - southbound Hamner at all other intersections shall be non-signalized, have three through lanes, one right turn pocket, plus all other amenities (trails, landscaping, and bike lanes) shown in TTM. For intersection located at Swan Lake, it shall have three through lanes, one left turn pocket and one right turn pocket.
- - northbound Scholar near Limonite shall have one through lane plus all other amenities (trails, landscaping, and bike lanes) shown in TTM in addition to the existing southbound two through lanes, one right turn pocket, and one left turn pocket.
- northbound Scholar near LOT F shall have one through lane, one right turn pocket, plus all other amenities (trails, landscaping, and bike lanes) shown in TTM
- 58th St near Lot I shall have one through lane in each direction, striped median lane, and one eastbound right turn pocket, plus all other amenities (trails, landscaping, and bike lanes) shown in TTM - - 58th St near Hamner shall have one through lane in each direction, one eastbound left turn pocket, and one eastbound right turn pocket plus all other amenities (trails, landscaping, and bike lanes) shown in TTM.
2202 2648
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 6 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
17-18 Intentionally left blank

19. Underground all existing electrical and telecommunications distribution utilities fronting the property along Limonite.

Prior to first
occupancy of
Phase 1

20. Concurrent with each street improvement, install fiber optics conduit per City standard along property frontage and pull fiber through conduit along property frontage to support current and future synchronization, ITS, and public safety upgrades to the satisfaction of the City Engineer Concurrent
with each
street
improvement

21. Concurrent with each street improvement install/pull fiber optics fiber through existing conduit along property frontage to support current and future synchronization, ITS, and public safety upgrades to the satisfaction of the City Engineer
Concurrent
with each
street
improvement

22. Upgrade traffic signals within 100' of the property to support current and future synchronization, ITS, and public safety upgrades to the satisfaction of the City Engineer
Prior to first
occupancy of
Phase 1

23. Install and provide operational License Plate Reader, PTZ, and Vehicle Detection cameras at every signalized frontage intersection that are compatible with current and future synchronization, ITS, and public safety upgrades to the satisfaction of the City Engineer. LPR shall be provided at Hamner/Limonite intersection only. Provide coverage for both directions of travel on both streets along the project frontage. PTZ and Vehicle Detection Cameras shall be provided at all signalized intersections along the project frontage of Hamner and Limonite.

Prior to first
occupancy of
Phase 1
2203 2649
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 7 of 19

24. Provide an amendment to the Geotechnical Evaluation Report ("Subject: Preliminary Geotechnical Evaluation Including Near Surface Organic Content for the Proposed Approximately 160-Acre "Leal" Property, City of Eastvale, California", dated June 21, 2021), concurrently with street improvement plans and Final Map, for the amended evaluation to include the unimproved areas between existing street and subject property line along Scholar Way, 58th St, Hamner Ave, and Limonite Ave for the tests shown in Figure 2, page 31 of 111, to the satisfaction of the City Engineer
Prior to each
applicable “B”
map
recordation
2204 2650
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 8 of 19
Conditions of Approval Timing/
Implementation
Enforcement
/
Monitoring
Verifica
tion
(Date
and
Signatur
e)

25. Offsite street improvements along the entire Limonite frontage shall be completed prior to the first certificate of occupancy within Phase 1 Prior to first
occupancy of Phase
1 26. Offsite street improvements along Hamner between Limonite and Eastvale Gateway shall be completed prior to the first certificate of occupancy of Phase 1.

Prior to first
occupancy of Phase
1 27. Prior to the issuance of the last certificate of occupancy in Phase 1 or the first building permit in Phase 2, whichever occurs first, all off-site street improvements shall be completed on Hamner between Eastvale Gateway and 58th Street.

Prior to last
certificate of
occupancy in Phase
1 or first building
permit in Phase 2

28. Offsite street improvements along Scholar contiguous to Phase 1 as shown in the Master Plan Amendment shall be completed prior to the first certificate of occupancy in Phase 1.

Prior to first
occupancy of Phase
1 29. Offsite street improvements along Scholar between the north boundary of Phase 1 and 58th Street contiguous to Phase 3 shall be completed prior to the first building permit of Phase 3.

Offsite street improvements along Scholar between the north boundary of Phase 1 and 58th Street contiguous to Phase 2 shall be completed prior to the first building permit of Phase 2.

Prior to first building
permit in Phase 3
Prior to first
residential
occupancy in Phase
2 30. Offsite street improvements along 58th Street contiguous to Phase 2 shall be completed prior to the first certificate of occupancy in Phase 2.

Prior to first
residential
occupancy of Phase
2205 2651
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 9 of 19
2 31. Offsite street improvements along 58th Street between Phase 2 and Scholar shall be completed prior to the first building permit in Phase 3.

Prior to first building
permit in Phase 3

32. Prior to the first occupancy of Phase 2, access driveways shall be installed, to the satisfaction of the City Engineer, to Lot 14 from Scholar and 58th to serve the future fire station. Ultimate street improvements to 58th and Scholar shall be phased such that emergency services vehicle ingress, egress, and path of travel to the fire station along Scholar and 58th is not impeded.

Prior to first
residential
occupancy of Phase
2 33. Street Improvement Plans for all perimeter streets shall be submitted for plan check prior to the issuance of the first precise grading permit within Phase 1 at the following states of plan completion:
- Limonite 100% plan complete
- Hamner 100% plan complete
- Scholar 60% plan complete
- 58th Street 30% plan complete
Prior to first building
permit within Phase
1 34. Street improvements for Limonite, Scholar contiguous to Phase I and Hamner between Eastvale Gateway and 58th shall be included in one performance bond (Off-Site Street Improvement Map 1 of 2 Performance Bond) and accepted by the City before issuance of Phase 1 precise grading permit.

Prior to issuance of
Phase 1 precise grading
permit.

35. All dedications and each applicable “B” Final Map recordation shall be completed prior to the applicable precise grading plan review Prior to precise
grading plan review

36. 2206 2652
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 10 of 19

37. All trails, landscape, pedestrian zone/linear park shall be maintained by the developer to the satisfaction of the City Engineer/ Planning Manager until CFD or Special District formation is completed and appropriate levies are collected. Developer shall continue maintaining areas around Phase 2 and Phase 3 until CFD levies for subject areas are collected.

On-going

38. All street light and traffic signal poles within the Project and along all four frontages of the Project site, and all four corners of the intersection at Limonite/Scholar and Limonite/Hamner, shall be decorative poles to the satisfaction of the Plan Manager.

Concurrent with
Applicable Street
Improvements
39 Developer shall complete coordination with RTA for any required bus pads along Hamner prior to submission of street improvement plans Prior to applicable
Street Improvement
Plans

40. Landscape plans for all landscaping improvements within existing or future right-of-way shall be submitted to Public Works and Planning Dept concurrently with the second submittal of applicable street improvements plans following first plan check comments.

Applicable Street
Improvement
Plans
2207 2653
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 11 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

41. Developer shall post performance bonds prior to the issuance of each grading permit for the area subject to the grading permit.

Developer shall post performance and material bonds for Hamner, Limonite, Scholar, and 58th per its’ specific condition pertinent to offsite street improvement.

Prior to the
issuance of
each grading
permit

42. Water and electric meter for all CFD/LMD area shall be designed and located independently from non-CFD/non-LMD areas
Prior to each
applicable “B”
map recordation

43. The applicant shall enter into a Subdivision Improvement Agreement with the City for each applicable “B” Map, and shall guarantee by posting security(ies) to include all public improvements that the developer is conditioned to construct as part of this approval, as included in the conditions of approval for Major Development Review and per proposed off-site interim and ultimate conditions plans applicable to each “B” Map.

Prior to each
applicable “B” map
recordation

44. Various blanket and specific transportation and/or utility easements that are no longer in use are to be quitclaimed/abandoned on each applicable final “B” map.

Prior to each
applicable “B”
map recordation

45. Easement Number 4 shall be removed prior to development of Lot 12 Prior to each applicable “B”
map recordation

46. Unidentified easement across lot 11 and 12 shall be removed prior to “B” map recordation
Prior to each
applicable “B”
map recordation

47. All easements must be shown on cross sections of Final “B” Map Prior to each applicable “B”
map recordation
2208 2654
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 12 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

48. Provide photometric of street lighting. All light shall be Edison LS-3 tariff and utilize decorative luminaires per City Specifications on the street improvement plans.

Street
Improvement
Plans

49. For any conditions on this list that are contradicting or are inconsistent with any other conditions, master plan, general plan, specific plan or any other City documents, City Engineer and Planning Manager shall determine the precedence
Ongoing

50. The Applicant shall submit street improvement plans prepared by a registered California civil engineer to the Public Works Division for review. The plans shall be approved by the City Engineer prior to the issuance of any building permits.

Prior to Issuance
of Building
Permit
Planning and
Public Works
Division

51. Any improvements within the public right-of-way require a City of Eastvale Encroachment Permit.

On-Going Public Works
Division

52. The Applicant shall ensure development of the site incorporates postconstruction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The Applicant is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval.

Prior to Issuance
of Grading
Permit
Public Works
Division
2209 2655
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 13 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

53. An accessible pedestrian path of travelshall be provided throughout the site, as required by applicable state and federal laws.

Prior to Issuance
of Precise
Grading Permit
Planning and
Public Works
Division

54. The Applicant shall connect the development to JCSD sewer system and apply for a sewer connection.

Prior to Issuance
of Precise
Grading Permit
Public Works
Division

55. The Applicant shall submit sewer improvement plans prepared by a California registered civil engineer to the Public Works Division. The plans shall be approved by the City Engineer prior to issuance of any building permits.

Prior to Issuance
of Precise
Grading Permit
Public Works
Division

56. All sewer mains constructed by the applicant and to become part of the public sewer system shall be pressure tested and digitally video recorded by the City’s wastewater system operator JSCD prior to acceptance of the sewer system for maintenance by the City. The developer shall be responsible for all costs associated with testing and inspection services. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance.

Prior to
Certificate of
Occupancy
Public Works
Division

57. The sewer lines shall require connections to occur at a manhole and no direct lateral connections to the mainlines are allowed.

Prior to Issuance
of first
Occupancy
Public Works
Division

58. The Applicant shall provide certification from JCSD Water Services demonstrating that all water and/or wastewater service accounts have been documented, prior to the issuance of a Certificate of Occupancy.

Prior to
Certificate of
Occupancy
Public Works
Division

59. The applicant must provide the District with fire flow requirements from the Fire Department to determine the adequacy of the existing water system.

Prior to Issuance
of Building
Permit
Public Works
Division
2210 2656
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 14 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

60. The Applicant shall submit a Water Quality Management Plan identifying site specific Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The site specific WQMP shall be submitted to the City Engineer for review and approval with the Precise Grading Plan. A WQMP Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Maintenance Agreement shall be approved prior to issuance of a building permit, unless otherwise allowed by the City Engineer.

Prior to Issuance
of Grading
Permit
Public Works
Division

61. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of the Precise Grading Plan.

Prior to Issuance
of Grading
Permit
Public Works
Division

62. The Applicant shall provide pad elevation certifications for all building pads in conformance with the approved Precise Grading Plan, to the Public Works Division prior to construction of any building foundation.

Prior to Issuance
of Building
Permit
Public Works
Division

63. Prior to issuance of a certificate of occupancy or final City approvals, the Applicant shall demonstrate that all structural BMP’s have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.

Prior to
Certificate of
Occupancy
Public Works
Division

64. All stormwater runoff passing through the Site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site detention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to On-Going Public Works
Division
2211 2657
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 15 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
determine required stormwater runoff mitigation measures for the proposed development. Final detention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The volume of increased stormwater runoff to retain on-site shall be determined by comparing the existing “pre-developed” condition and proposed “developed” condition, using the 100-year frequency storm.

65. Direct release of on-site nuisance water or storm-water runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the Project Site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a storm-water runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains.

On-Going Public Works
Division

66. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Eastvale Standard Drawings. The Applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. JCSD, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.).

Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City On-Going Public Works
Division
2212 2658
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 16 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development.

67. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer.

On-Going Public Works
Division

68. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing “as-built” information and returned to the Public Works Division prior to issuance of a final certificate of occupancy.

Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction.

Prior to
Certificate of
Occupancy
Public Works
Division

69. Revisions to the Tentative Tract Map required shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Planning and Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Tract Map to the Engineering Division as part of the review of the Map. The Final Tract Map shall be approved by the City Engineer and the City Council prior to issuance of any building permits.

On-Going Public Works
and Planning
Division

70. All damaged, destroyed, or modified pavement legends, traffic control devices,signing,striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy.

On-Going Public Works
Division
2213 2659
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 17 of 19
Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

71. The Applicant shall submit traffic striping and signage plans prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed concurrently with required street improvements, to the satisfaction of the City Engineer.

Concurrent with
Street
Improvements
Public Works
and Planning
Division

72. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the 2012 California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.

On-Going Public Works
Division

73. Expiration/Renewal of Approval:

Tentative Tract Map No. 38290 shall expire 36 months after such approval unless within that period of time a final map shall have been approved and filed with the county recorder. Prior to the expiration date, the land divider may apply in writing for an extension of time. Each application shall be made to the planning director 30 days prior to expiration date of the tentative map and shall be accompanied by the fee.

On-Going Planning
Division

74. The applicant shall submit a proposed final tract map and all supporting documents to Public Works for review and approval.

Prior to map
recordation
Public Works
Division

75. Include assessment of traffic signal synchronization, LPR and cameras and streetlights in the CFD or LMD for ongoing maintenance.

Prior to each
applicable “B”
map
recordation
Public Works
Division
2214 2660
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 18 of 19
General Compliance Items/Requirements and Information
The following items are noted for the applicant’s information. These items are required by the City, other local agencies, or state and federal agencies, and are not conditions of approval of the project.

1. The applicant shall obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Amended entitlement approvals may be necessary as a result.

2. Submit a final tract map and all supporting documents for review and approval to the satisfaction of the City Engineer and Public Works Department.

3. Applicants are responsible for all costs associated with off-site right-of-way acquisition, including any costs associated with the eminent domain process, if necessary.

4. Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are otherwise deferred.
2215 2661
Eastvale City Council
Project No. PLN21-20039 Tentative Tract Map No. 38290 for Leal Master Plan Final Conditions of Approval Page 19 of 19
2216 2662
ORDINANCE NO. 22-XX

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT (DA003) BY AND

BETWEEN THE CITY OF EASTVALE AND THE NEW HOME COMPANY, WHICH VESTS THE LAND USE ENTITLEMENTS FOR THE PROJECT FOR A TERM OF 20

YEARS, ESTABLISHES THE AMOUNT AND TIMING OF DEVELOPMENT IMPACT

FEES PAYABLE BY THE PROJECT, SECURES OTHER PUBLIC BENEFITS INCLUDING

BUT NOT LIMITED TO LAND FOR A FUTURE CIVIC CENTER AND FIRE STATION,

AND AUTHORIZES CERTAIN CREDITS OR REIMBURSEMENTS TO THE NEW HOME COMPANY RELATED TO THE 158.6-ACRE SITE LOCATED AT THE NORTHWEST

CORNER OF HAMNER AND LIMONITE AVENUES COMMONLY KNOWN AS THE

LEAL PROPERTY
THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:

SECTION 1: ENVIRONMENTAL FINDINGS
The City Council of the City of Eastvale, in light of the whole record before it, including, but not limited to, the City’s local CEQA Guidelines and thresholds of significance, the Addendum to the Leal Master Plan Program Environmental Impact Report (PEIR) and other documents incorporated therein by reference, any written comments received and responses provided, and other substantial evidence, within the meaning of Public Resources Code Sections 21080(e) and 21082.2, within the record and/or provided at the public hearing, hereby finds, determines, and certifies as follows:

A. CEQA. The approval of this Amendment No. 1 to the Leal Master Plan is in compliance with requirements of the California Environmental Quality Act (“CEQA”), in that on May 11, 2022 at a duly noticed public hearing, the City Council approved and adopted an Addendum to the Leal Master Plan PEIR reflecting its independent judgment and analysis and documenting that there was not substantial evidence, in light of the whole record, that a supplemental or subsequent EIR is not required under CEQA Guideline Section 15162. The documents comprising the City’s environmental review for the project are on file and available for public review at Eastvale City Hall, Suite 910, Eastvale, CA 91752.

B. Multiple Species Habitat Conservation Plan (MSHCP). The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area and mitigation is provided through payment of the MSHCP Mitigation Fee.

SECTION 2. FINDINGS FOR DEVELOPMENT AGREEMENT (DA003)
Finding 1. The proposal is consistent with the General Plan and any applicable Specific Plan.

Evidence. The Development Agreement facilitates development contemplated in the Master Plan 2217 2663
Amendment and the General Plan goal to develop the Leal property as a civic center and mixeduse commercial development and as such the Development Agreement is consistent with the General Plan.

SECTION 3. DEVELOPMENT AGREEMENT (DA003)
Development Agreement (DA003) by and between the City of Eastvale and The New Home Company, which vests the land use entitlements for the project for a term of 20 years, establishes the amount and timing of development impact fees payable by the project, secures other public benefits including but not limited to land for a future civic center and fire station, and authorizes certain credits or reimbursements to The New Home Company, is approved. The Development Agreement (DA003) is attached as Attachment H to the May 11, 2022 staff report for this Ordinance, and is incorporated herein by reference.

SECTION 4. 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 5. EFFECTIVE DATE
This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 6. 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).
2218 2664
PASSED, APPROVED AND ADOPTED this 25th day of May, 2022. ____________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Erica Vega Marc Donohue
City Attorney City Clerk
2219 2665

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
2220 2666
ORDINANCE NO. 22-XX

AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE LEAL MASTER PLAN FOR ENTITLEMENTS RELATED TO THE 158.6-ACRE SITE LOCATED AT THE NORTHWEST

CORNER OF HAMNER AND LIMONITE AVENUES COMMONLY KNOWN AS THE

LEAL PROPERTY
THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:

SECTION 2. FINDINGS FOR AMENDMENT NO. 1 TO THE LEAL MASTER PLAN (SPA001) Finding 1. That the proposed master plan is consistent with the goals, policies, and objectives of the general plan.

Evidence. The Eastvale General Plan identified the Leal Property as a "significant development opportunity" and designates the site for mixed development. All the land uses identified in the General Plan Land Use Policy 19 are retained and refined in the proposed Project. The proposed Project as conditioned, will implement the General Plan policies for the Leal site and is therefore consistent with the goals, policies and objectives of the General Plan. 2221 2667
Finding 2. The proposed master plan meets the requirements set forth for a Master Plan.

Evidence. As conditioned, the proposed Amendment meets the requirements for a Master Plan according to the Eastvale Municipal Code. The Plan will contain sufficient detail to allow city staff to implement its provisions and to describe to developers how properties within a master plan may be developed. The Plan will contain mandatory contents of the master plan including a schedule or program of existing services and facilities including transit.

Finding 3. If the master plan site, or any portion thereof, is located within the Chino Airport influence area, the city council must find that:
a. The master plan and amendment has been reviewed by the airport land use commission; and
b. The master plan is consistent with the most recently adopted version of the Chino Airport land use compatibility plan.

Evidence. The Leal Master Plan is not located within the Chino Airport Land Use Compatibility zone and is not subject to review by the airport commission or consistency with the airport compatibility plan.

Finding 4. The language and contents of the master plan shall be acceptable and must meet all applicable city standards.

Evidence. The Master plan was reviewed by the City of Eastvale Community Development Department and the City's planning consultant team. As conditioned, the Master Plan is acceptable and will meet all applicable city standards in terms of design, architecture, land use standards, circulation, permitted uses, development standards, public services, administration, and implementation.

SECTION 3. AMENDMENT NO. 1 TO THE LEAL MASTER PLAN
The Leal Master Plan is hereby amended in its entirety to read as shown in Attachment D to the May 11, 2022 staff report for this Ordinance, which is incorporated herein by reference.

PASSED, APPROVED AND ADOPTED this 25th day of May, 2022. ____________________________________
Clint Lorimore
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________ ______________________________ Erica Vega Marc Donohue
City Attorney City Clerk
2223 2669

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk
2224 2670
The New Home Company
Leal Ranch Development Project
Fiscal Impact Analysis
For
City Council Hearing
May 11, 2022
PREPARED FOR: CITY OF EASTVALE
DATE: APRIL 29, 2022
Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 1230 Rosecrans Ave., #630 Manhattan Beach, CA 90266 www.kosmont.com Manhattan Beach, CA 90266 2225 2671
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
2 | P a g e

EXECUTIVE SUMMARY
Kosmont Companies (“Kosmont”) has prepared this fiscal impact analysis (“Analysis”) to assist the City of Eastvale (“City”) in evaluating economic impact for The New Home Company Southern California LLC (“TNHC” or “Developer”) Development Agreement (“Agreement”) regarding the proposed master planned 158.6-acre development project on the Leal Ranch property (“Project”).

Net Fiscal Impact – General Fund
Kosmont’s Analysis indicates that a full Project Buildout will yield an annual General Fund surplus estimated at $1,213,700 (not adjusted for inflation) as shown below.

Net Fiscal Impact
TNHC Leal Ranch Master Planed Project
Source: Kosmont Companies, City 2021/22 Budget
It is important to note that all of the park land developed on TNHC land will be maintained by the Home Owner’s Association (“HOA”). This Analysis also assumes an annual Community Facilities District (“CFD”) special tax equal to $160 per residential unit that will go to the City.

For the fiscal year, the County receives $7.6 million in annual revenue from property taxes and fees.

With a population of 67,600 and a workforce of 15,300, the resident-equivalent population is approximately 75,000. Thus annual revenues are equal to approximately $100 per resident equivalent.

Annual operating costs for the fire service and related costs is $6.9 million per the Mid-Year budget review, or approximately $92 per resident-equivalent.

TNHC master planned Project is projected to increase the resident-equivalent population by 9,600.

Based on the County Fire 6.4% share of property taxes, Kosmont estimates annual County revenues will increase by approximately $1 million.

The City has estimated the annual costs for a full engine company at full buildout to be $2.5 million per year. Because the new station will improve service levels throughout the City, Kosmont is using the $92 per resident-equivalent as basis for estimating TNHC’s fair share of fire service costs to be $880,000.
2227 2673
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
4 | P a g e

BACKGROUND
TNHC is in the process of acquiring the 158.6-acre Leal Ranch property on the NWC of Limonite and Hamner in Eastvale. While the master planning process is not finalized, it is expected the property will be developed with the following Project components: approximately 1,840 single family homes and townhomes, approximately 660 apartment units, and up to 500,000 SF of commercial buildings (retail, hotel, office) plus approximately 100,000 SF for City Hall, Library and other public facilities.

The City has requested an analysis of the fiscal impact on the City’s General Fund. The City has estimated the increased residential population to be 3.9 per single family dwelling (SFD) unit and 2.69 per multifamily (MF) unit (less 3.9% vacancy factor) for a total of 8,882 residents. Developer estimated sales value of single family and townhome units at $550,000 to almost $900,000 and apartments at $350,000 to $400,000 to generate residential(A) of $1.41 billion as outlined below.

Table 1 Residential Program
Source: The New Home Company, City of Eastvale
Units Acres Density Unit Size Price/SF Unit Price Assessed Value HH Size Population Det 68 9.2 7.4 2425 $ 365 $ 885,500 $ 60,214,000 3.9 265 Det 65 6.9 9.4 2250 364 819,500 53,267,500 3.9 254
Det 60 6.6 9.1 1950 392 764,500 45,870,000 3.9 234
Det 132 9.9 13.3 1842 394 726,000 95,832,000 3.9 515
Det 195 11.6 16.8 1633 414 676,500 131,917,500 3.9 761
Subtotal 520 $ 387,101,000 2,028
TH 106 4.9 21.6 1692 387 654,500 69,377,000 3.9 413
TH 201 8.5 23.6 1500 414 621,500 124,921,500 3.9 784
TH 620 8.9 69.7 1333 437 583,000 361,460,000 3.9 2,418
TH 280 9.1 30.8 1275 440 561,000 157,080,000 3.9 1,092
TH 113 4.1 27.6 1083 477 517,000 58,421,000 3.9 441
Subtotal 1320 $ 771,259,500 5,148
Apt 130 9.4 13.8 1150 350 402,500 52,325,000 2.69 350
Apt 425 9.3 45.7 1050 350 367,500 156,187,500 2.69 1,143 Apt 105 5.5 19.1 1150 350 402,500 42,262,500 2.69 282
Less: Vacancy Factor 3.9% (69)
Subtotal 660 $ 250,775,000 1,706
Total 2,500 104 24.1 $ 1,409,135,500 8,882
2228 2674
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
5 | P a g e
Commercial Program
The Project plan calls for 595,000 SF of commercial and civic space, primarily on the City controlled lots, but with 103,000 SF of commercial planned on high density multi-family lots controlled by TNHC. A Civic Center is planned to be included, totaling approximately 100,000 SF, leaving approximately 397,000 SF for retail, restaurant, entertainment, hotel and office. Kosmont estimated the commercial SF to have average assessed value of $400 per SF.

General Fund Revenues
Per the 2021-22 Budget, the City General Fund is expected to receive $27 million in revenues. The assessed value increase is driving a major revenue increase from property taxes and In Lieu Vehicle License Fees (“MVLF”). Kosmont estimated the annual household income for each product type to determine the disposable personal income per household and estimated that City retail establishments are likely to capture 60% of the annual spending. Kosmont also estimated the spending potential from new commercial employees and hotel guests.

For other revenue categories such as utility franchisee fees, business taxes, fines and forfeitures, Kosmont examined the annual budgeted revenue and using the current population of Eastvale and average daily employees who work in the City and its business establishments to determine the annual revenue per resident equivalent.

Property Taxes
The City collects $0.0248 of every dollar in base property taxes. For MVLF, the City collects an amount equivalent to $0.0477 of every dollar of base property taxes. With approximately $1.41 billion in residential assessed value and $1.61 billion with $200 million in commercial, less the existing assessed value of $47.2 million, the City is expected to receive the following annual property tax revenue:

Full Buildout
Property Taxes $395,000
MVLF $750,000
Subtotal $1,145,000
Sales Taxes
The City collects 1% tax on retail sales within the City limits, plus it receives its allocated share of County Pool use tax that approximates 12% of sales tax.

Offsite/Indirect Sales Taxes
Kosmont estimated average household income of $90,000 for apartment units to $150,000 to $160,000 for the new market rate single family units. Assuming each household spends 20% of gross income on retail goods, Kosmont estimated resident retail spending potential of $70 million, of which the City would capture approximately 60%, plus an additional 30% capture of potential spending by new employees and hotel guests, yielding approximately $465,000 in annual offsite sales and use tax revenue, as shown in Table 2 on the following page.
2229 2675
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
6 | P a g e
Table 2 - Indirect Sales Tax
Full Buildout
SFD and TH
Estimated Annual Taxable Spending / HH $31,000
Estimated Capture within City (Off-Site) 60% $18,600
Estimated # Households 1,840
Total Resident Taxable Spending within City $34,224,000 Multi Family Apts
Estimated Annual Taxable Spending / Empl. $18,000
Estimated Capture within City (Off-Site) 60% $10,800
Estimated # Householdss 660
Total Employee Taxable Spending within City $7,128,000
Retail & Restaurant Employees
Estimated Annual Taxable Spending / Empl. $12,343
Estimated Capture within City (Off-Site) 30% $3,703
Estimated # Employees 1,030
Total Employee Taxable Spending within City $3,814,056
Hotel / Office Employees
Estimated Annual Taxable Spending / Empl. $23,412
Estimated Capture within City (Off-Site) 30% $7,024
Estimated # Employees 430
Total Employee Taxable Spending within City $3,020,159
Hotel Guests
Estimated Annual Taxable Spending / Guest Room $20,531
Estimated Capture within City (Off-Site) 30% $6,159
# Guest Rooms - Avg Occupied 100
Total Taxable Sales Captured $615,938
Total Indirect Taxable Sales $48,802,153
Estimated % Capture On-Site 15%
Less Estimated Capture On-Site $7,320,323
Total Off-Site / Indirect Taxable Sales $41,481,830
Annual Sales Tax to City 1.0% $414,818
City Share of Pool Taxes 12.0% $49,778
Annual Sales & Use Tax to City (Off-Site/Indirect) $464,600 2230 2676
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
7 | P a g e
Onsite Sales Taxes
For onsite sales taxes, Kosmont assumed a commercial development with 50,000 SF of restaurants, 150,000 SF of retail shops, 120,000 SF of commercial services, and an upscale 100-room hotel.

Taxable retail sales revenues from those uses are estimated at $82.7 million. With the City’s share of County pool revenues total sales tax is estimated at $926,000.

Table 3 - Onsite Sales Tax
Source: Kosmont Companies
Combining the net sales tax to the City estimated at $926,000 with the Leal Ranch resident spending offsite (previously counted) yields a grand total sales and use tax of $1,390,000 at full Project buildout generated throughout the City.

Other Taxes
A new hotel could be well suited for the City controlled “Town Center” parcel. Kosmont estimates a 100-room upscale hotel would be feasible over the long term. Based on $170 per night average daily rate (ADR) and 75% occupancy, such a hotel could generate approximately $465,000 in transient occupancy tax (TOT) with a 10% tax rate.

For a large project, property transfer taxes are a significant source of revenue to the City. The City collects $0.55 per $1,000 of value transferred. Assuming a 10% annual turnover of housing units and commercial buildings, Kosmont estimates annual transfer taxes of $80,000 at full Project buildout.

For other General Fund categories of revenue (franchise fees, fines and penalties and animal control), Kosmont estimated the incremental annual revenue per new resident equivalent and multiplied by the estimated new residents and employee equivalents, as shown in Table 4 on following page.

Sales Generating Components
Taxable
Sales/Unit
Full Buildout
Stabilized
Restaurant 50,000 SF $500 PSF $25,000,000
Retail 150,000 SF $250 PSF $37,500,000
Services 120,000 SF $150 PSF $18,000,000
Hotel 100 SF $60 /rm $2,190,000
Total 320,000 SF $82,690,000
Annual Sales Tax to City 1.0% $826,900
City Share of Pool Taxes 12.0% $99,228
Total Sales and Use Tax to City (On-Site / Direct) $926,100

TAXABLE SALES
2231 2677
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
8 | P a g e
Table 4 - General Fund Revenue
Source: Kosmont Companies, City Budget 2021-22
General Fund Expenses
Per the 2021-22 Budget, the City General Fund is expected to incur approximately $27 million in expenses.

To illustrate the potential incremental impact of the Project on the General Fund, Kosmont analyzed the City budget categories to determine the marginal operating costs for each major General Fund category.

Kosmont interviewed City staff and examined the annual budgeted expenses, using the current population of Eastvale and average daily employees who work in the City and its business establishments to determine the annual cost per resident and/or employee.

For this Analysis, Kosmont assumed that a variable factor of 90% for public safety based on recent County Sheriff contract discussions with the City. Kosmont assumed a factor of 60% as appropriate for General Government, with 40-50% for Community Development, while approximately 30-40% variable factor was applied to Community Safety, increasing costs proportionately with the expected population and employment increase.

For each category of expense, Kosmont estimated the incremental annual cost per new resident and multiplied by the estimated 8,882 new residents, plus the 730 employee resident equivalents for full Project buildout scenario, and reduced employment for the alternatives as shown in the Table 5 on following page:

Budget Category
FY 2021-22
Budget
Variable
%
Per Capita
Factor
Resident
Equivalent
Population
Full Buildout
Annual
Revenue
General Fund Revenues
Property Taxes + MVLF $9,554,000 100% NA 8,882 $1,132,000 Sales & Use Taxes $11,700,000 100% NA 8,882 $1,390,700
Property Transfer Taxes 100% NA 8,882 $89,000
Franchise Fees $1,647,000 50% $10.94 8,882 $97,000
Fines & Penalties $490,000 50% $3.26 8,882 $29,000
CFD Special Taxes NA NA NA NA $400,000
Hotel TOT $0 0 0 NA $465,000
Permits / Fees /Use of Money $3,578,000 0 0 NA $0
Animal Control $100,000 100% $1.33 8,882 $12,000
Total General Fund Revenues $27,069,000 $15.53 $3,615,000 2232 2678
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
9 | P a g e
Table 5 - General Fund Expenditures
Source: Kosmont Companies, City of Eastvale budget
Incremental Fiscal Impact
To assist the City in understanding the relative contribution of various land use types, Kosmont’s estimated incremental revenue from various types of commercial development is shown below:
o For every 50,000 SF of freestanding restaurant, Kosmont estimates increase in annual General Fund revenue of approximately $295,000.
§ Property taxes + MVLF of $14,500
§ Sales taxes of $280,000
o For every 50,000 SF of freestanding retail, Kosmont estimates increase in annual General Fund revenue of $155,000.
§ Property taxes + MVLF of $14,500
§ Sales taxes of $140,000
o For a 100 room upscale hotel, Kosmont estimates increase in annual General Fund revenue of approximately $510,000.
§ Property taxes + MVLF of $20,000
§ Hotel TOT of $465,000
§ Sales taxes of $25,000
o For every 50,000 SF of ground floor commercial services, Kosmont estimates increase in annual General Fund revenue of $100,000.

Budget Category
FY 2021-22
Budget /1
Variable
%
Per Capita
Factor
Resident
Population
Full Buildout
Annual
Expense
General Fund Expenditures
General Gov't Services $7,184,000 60% $57.28 8,882 $550,595 Public Safety /1 $13,389,000 90% $133.08 8,882 $1,524,000 Community Development
Planning Division $840,000 50% $5.58 8,882 $53,649
Engineering Division $1,864,000 40% $9.91 8,882 $95,240 Public Works Division $697,000 10% $0.93 8,882 $8,903
Administration $1,106,000 50% $7.35 8,882 $70,638
Community Safety
Building & Safety $1,300,000 0% $0.00 8,882 $0
Emergency Services $1,028,000 75% $10.25 8,882 $98,485
Administration $236,000 30% $0.94 8,882 $9,044
Total General Fund Expenses $27,644,000 $225.31 $2,411,000 2233 2679
Fiscal Impact Analysis
Leal Ranch Development Project
April 29, 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
10 | P a g e
§ Property taxes + MVLF of $14,500
§ Sales taxes of $85,000
o For every 50,000 SF of office, Kosmont estimates increase in revenue of $25,000. § Property taxes + MVLF of $14,500
§ Sales taxes of $10,000
Net Fiscal Impact
The Analysis shows at full buildout, the Project is estimated to result in $3.6 million in annual general fund revenues and $2.4 million in expenditures, for an annual surplus of approximately $1.2 million, as shown in Table 6 below.

Table 6 - Net Fiscal Impact
Source: Kosmont Companies, City 2021/22 Budget
Disclaimer
The analyses, projections, assumptions and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Actual results may differ from those expressed in this Analysis, as results are difficult to predict as a function of market conditions, natural disasters, pandemics, significant economic impacts, legislative, and administrative actions.

Primary Fiscal Revenues
Full Buildout
Stabilized
Property Tax & VLF $1,132,000
Property Transfer Taxes $89,000
Sales & Use Tax (On-Site) $926,100
Sales & Use Tax (Off-Site) $464,600
Transient Occupancy Tax $465,000
CFD Special Taxes $400,000
Franchise Fees $105,000
Animal Control $12,000
Fines & Penalties $31,000
Total General Fund Revenues $3,624,700
Primary General Fund Expenditures
General Gov't Services $550,595
Public Safety $1,524,000
Community Development $228,431
Community Safety $107,528
Total General Fund Expenditures: $2,411,000
NET FISCAL IMPACT: $1,213,700
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1 DRAFT MEMORANDUM
To: Gina Gibson Williams, Community Development Director, City of Eastvale Robb Steel, Advisor to City of Eastvale
From: Ken K. Hira, President Kosmont Companies
Thomas Jirovsky, Sr. Advisor Kosmont Companies
Date: May 4, 2022
Subject: Leal Ranch Project – Summary Analysis of Development Agreement ___________________________________________________________________________________ Pursuant to your request, Kosmont Companies (“Kosmont”) has reviewed the draft Development Agreement (“Agreement”) by and between the City of Eastvale (“City”) and The New Home Company Southern California LLC (“TNHC” or “Developer”) in connection with the proposed Leal Ranch master plan as amended (“Project”). Because Kosmont was not involved in any negotiations with Developer, Kosmont relied upon Planning Commission hearing and City Council hearing staff reports to understand the more technical details.

TNHC has a legal and equitable interest in the Leal Ranch property, currently owned by James Borda and Mark Korte, co-trustees of the Bradley William Leal Family Trust (“BWL Trust”) and the John Craig Leal Revocable Trust (“JCL Trust”). The 158.6 acre property is located on the NWC of Limonite Avenue and Hamner Avenue in the City.

The purpose of Kosmont’s analysis is to provide a summary of key financial aspects of the Agreement, identifying Developer and City obligations and benefits.

EXECUTIVE SUMMARY
The original Leal Master Plan document providing over 2 million square feet of commercial was approved in 2018, and the program EIR was certified in 2017. An updated environmental analysis performed in 2020 indicated that maximum land use entitlements would allow the Project to be developed with no more than 2,500 single family homes, townhomes and apartment units, and up to 595,000 SF of commercial buildings (retail, hotel, office) and City Hall, Library and other public facilities.

In adopting this Agreement, the City understands that the Developer will acquire certain vested rights that will bind future City Councils to its terms to the extent allowed by law. In exchange, the Project will provide the City with significant public benefits, including options to acquire 16.4 acres of land for the Town Center (Lots 3, 5 and J), plus an estimated $3.6 million increase in annual taxes. Kosmont’s Fiscal Impact Analysis indicates there would be a General Fund surplus after an allowance for increased police and other costs, estimated at $1.2 million per year at full buildout.

Kosmont Companies
Mailing Address: 1601 N. Sepulveda Blvd., #382 (424) 297-1070 Physical Address: 1230 Rosecrans Ave., #630 Manhattan Beach, CA 90266 www.kosmont.com Manhattan Beach, CA 90266 2235 2681
DRAFT Summary Analysis
Leal Ranch Development Agreement
May 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
2 | P a g e

KEY POINTS OF DEVELOPMENT AGREEMENT
The purpose of the Agreement is to mitigate the Developer's development risk with respect to the development process and to promote orderly and efficient development, which will improve the local economy. The Agreement sets forth mitigation measures that limit the Project's exposure to certain land use and entitlement procedures and Development Impact Fees during the term of the Agreement. The City and the Developer have negotiated financial consideration and construction of certain public infrastructure improvements in exchange for mitigation of the potential land use and entitlement risk.

Term
The Agreement has a term of 20 years.

Residential Program
The Project plan envisions a broad mix of housing types, comprised of approximately 660 apartment units, 1,320 townhomes and zero lot homes and 520 single family detached homes, ranging in size from 1,000 square feet to 2,500 square feet.

Commercial Program
The Project calls for 495,000 SF of commercial space, primarily on the City controlled lots. A 100,000 square foot Civic Center is planned, along with a 12,200 square foot fire station on City controlled parcels.

Developer Responsibilities
The Agreement imposes the following obligations upon the Developer:
• Widening of Limonite Avenue, Hamner Avenue, Scholar and 58th Street along the property frontage, plus all internal streets, traffic signals, storm drains and utilities at Developer’s sole cost estimated to be over $140 million.
• Transportation fees for local and regional traffic improvements. • Agreement defines Quimby Act dedication to be 31.3 acres, based on the proposed methodology, which can be met by a combination of in lieu fees, offsite parkland acquisition and onsite parkland or improvements.
• Developer will provide approximately 7 acres of park and open space (Lots M thru S) that will be privately owned and maintained by the HOA, but will be available for public use. Developer also proposes to provide 5.1 acres of private recreational facilities for exclusive use of its residents. • Developer is providing an option to the City to acquire 16.4 acres for Town Center and agrees to construct all necessary infrastructure and Blue Top the Town Center parcels in Phase 1. • Developer agrees to provide Blue Top infrastructure improvements for a 1.223-acre parcel (Lot 2236 2682
DRAFT Summary Analysis
Leal Ranch Development Agreement
May 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
3 | P a g e
14) prior to the first Certificate of Occupancy in Phase 2 housing, and to convey the property to the City, free of monetary liens.
• A Facilities Special Tax will be authorized to be levied on all residential parcels in an initial amount of $160 per unit, with 2% annual increases.
• Developer to pay City $250,000 within one month of approval of Agreement to be used for architectural and land planning of the Civic Center and Commercial Core. Developer will also fund coordinated design guidelines for the adjacent Mixed Use areas controlled by TNHC.

City Responsibilities
• The Agreement imposes the following requirements on the City:
• Developer is freed from the original Leal Master Plan requirement to build 325,000 SF of commercial in Phase 1. Developer does not have any binding schedule of performance for investment in private improvements.
• City grants Developer flexibility to satisfy the parkland dedication and improvement requirements by allowing various on-site or off-site solutions, or payment of in lieu fees. • The City is prohibited from altering the Existing Land Use Rules with respect to the Project for a period of 20 years, with certain exceptions for public health and safety. • The City agrees that Development Impact Fees imposed by the City on the Project will not be subject to any increase for the term of the Agreement, and foregoing an indeterminate, but potentially significant increase in future fee revenues. (This provision does not apply to fees imposed by other governmental agencies).
• In exchange for giving the City an option to acquire 16.4 acres of land at no cost for the future Town Center, the City is providing the Developer credits against current Residential Impact Fees estimated at $4.9 million.
• City grants 6.558 acres of Quimby Fee Credits in exchange for the option/conveyance of Lot 5 and Lot J, and 4.558 acres of Parkland Improvement Credits (i.e. $500,000 per acre) for Lot 5.

Benefits to City

1. The Project will meet the stated goal of a mixed-use community with a range of housing products. It will provide the City with sufficient land to design and build a mixed use civic center, commercial town center and public park, as well as a freestanding fire station.

2. The current appraised value of the 16.4 acres is $17.4 million, but the City has up to 20 years to 2237 2683
DRAFT Summary Analysis
Leal Ranch Development Agreement
May 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
4 | P a g e
exercise the option at zero cost.

3. The new housing will help the City meet the State mandated Regional Housing Needs Assessment.

4. The City will receive $250,000 for architectural and land planning for the Civic Center Commercial Core.

5. The Project is expected to generate approximately $3.6 million in annual tax revenues at buildout.

The four main revenue sources are: Property Taxes, Sales Taxes, Hotel Taxes and CFD Special Taxes.

Property Taxes
The Project yields a major increase from property taxes and In Lieu Vehicle License Fees (“MVLF”).

The City collects $0.0248 of every dollar in base property taxes. For MVLF, the City collects an amount equivalent to $0.0477 of every dollar of base property taxes. With approximately $1.4 billion in residential assessed value and $200 million in commercial, less the existing assessed value of $47.2 million, the City is expected to receive $1.1 million in annual property tax revenues.

Sales Taxes
The City collects 1% tax on retail sales within the City limits, plus an allocated share of County Pool use tax that approximates 12% of sales tax. Kosmont estimated $1.3 million in annual retail sales from the Project commercial development, plus the spending potential from new residents, commercial employees and hotel guests at other retail establishments in the City.

Hotel Taxes
Following construction of a potential 100-room hotel, Kosmont estimates $465,000 in transient occupancy taxes based on 10% tax rate.

CFD Special Tax
Per the Agreement, Developer will impose a Services CFD tax on all new residential units equal to $160 per year, for an annual total of $400,000 at buildout plus inflationary adjustments of 2% per annum to offset municipal service costs.

Total Fiscal Impact
Kosmont’s Analysis indicates that full buildout of the entire plan, would result in an annual General Fund surplus or net fiscal impact before inflation of an estimated $1.2 million, as shown in table on the following page.
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DRAFT Summary Analysis
Leal Ranch Development Agreement
May 2022
Kosmont Companies
(424) 297-1070
www.kosmont.com
5 | P a g e
Net Fiscal Impact
Source: Kosmont Companies, City 2021/22 Budget
Conclusion
This Agreement yields significant benefits to the City and the Developer. The City receives option on land valued at over $17 million, millions in infrastructure improvements, $250,000 planning grant, a $160 per unit Services Special Tax obligation, yielding $400,000 per year, plus an estimated annual General Fund surplus of $800,000 from property, sales and hotel taxes, net of increase municipal service costs.

The Developer receives fee credits valued by the City at $10.5 million, plus a guarantee of no new fees nor any increase in any City fees, above the current level that have been in place since 2012, whose value is significant, but like the fiscal revenue benefits to the City, the value will depend on future inflation rates, housing construction and absorption rates and financial discount rates.

The analyses, projections, assumptions and any examples presented herein are for illustrative purposes and are not a guarantee of actual and/or future results. Actual results may differ from those expressed in this Analysis, as results are difficult to predict as a function of market conditions, natural disasters, pandemics, significant economic impacts, legislative, and administrative actions.

AGENDA STAFF REPORT
City Council Meeting

PUBLIC HEARINGS
Agenda Item No. 12.1
May 25, 2022
Revoca(on of Riverside County Board of Supervisors Resolu(on 97-276 Designa(ng Jurupa Community Services District as a Public Agency Eligible for Receipt of Land Dedica(ons and Fees for Parks and Recrea(on Services from New Subdivisions Under Sec(on 130.20.020 of the Eastvale Municipal Code
Prepared By:

Gina Gibson Williams, Community Development Director
Recommended Action(s)
Staff recommends that City Council conduct the public hearing and adopt the proposed Resolu on
revoking Riverside County Resolution No. 97-276.

Summary
Sec
on 130.20.020 of the Eastvale Municipal Code ("Quimby Ordinance") requires certain new subdivisions to dedicate land, or pay fees in lieu thereof, for park and recrea on purposes. The
Quimby Ordinance was in place prior to the City's incorpora on and is in need of update. It was
determined that the County Board of Supervisors adopted a resolu on thirteen years prior to the
City's incorpora
on authorizing the Jurupa Community Services District (JCSD) to receive land dedica
ons and fees under the Quimby Ordinance. Per the terms of the Quimby Ordinance, this County resolu
on can only be revoked a:er a public hearing is held and it is determined that JCSD has not been complying with the requirements of the Quimby Ordinance. Revoca on of the County
Resolu
on designa
ng JCSD to receive land dedica
ons and fees under the Quimby Ordinance is
proposed at this
me as an ini
al step toward a comprehensive update to the City's Quimby Ordinance. The proposed revoca
on does not preclude JCSD from in the future reques
ng the City
Council re-designate it as eligible to receive land dedications and fees under the Quimby Ordinance. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
2686
Background
The Quimby Act (Government Code sec
on 66477) authorizes ci
es and coun
es to adopt
ordinances requiring the dedica
on of land or payment of fees in lieu thereof as a condi on of
approval on certain tenta
ve tract maps or parcel maps. Prior to the City's incorpora on, the County
had such an ordinance in place within the Eastvale area (Sec on 10.35 of County Ordinance No.
460). At the January 26, 2011 mee
ng, a few months a:er Eastvale became an incorporated City, the City Council adopted Ordinance No. 2011-04, which kept in effect all County ordinances, resolu
ons, rules and regula
ons that were applicable in the Eastvale area prior to incorpora on
un
l such
me as the City Council takes ac
on to supersede such ordinances, resolu
ons, rule and
regula
ons. Sec
on 10.35 of County Ordinance No. 460 is codified in Sec on 130.20.020 of the
Eastvale Municipal Code and has not been substan
vely amended since Ordinance No. 2011-04 was
adopted.

The Quimby Ordinance authorizes the City Council (and prior to incorpora on, the County Board of
Supervisors) to adopt a resolu
on designa
ng other public agencies that may receive land
dedica
ons and fees pursuant to the Quimby Ordinance. The City Council has not taken such ac on.

In 1997, the County Board of Supervisors adopted Resolu on No. 97-276 designa
ngJCSD as a
public agency able to receive land dedica
ons and fees for park facili
es and services under Sec
on

10.35 of County Ordinance No. 460. Through Ordinance No. 2011-04, County Resolu on No. 97-276
remains in effect within the City.

The Quimby Ordinance requires a public agency designated to receive land dedica ons and fees
thereunder to adhere to certain requirements. If these requirements are not met, the City Council may revoke, suspend or modify the resolu
on designa
ng the agency as able to receive land
dedica
ons and fees a:er holding a public hearing. JCSD has not complied with several of the requirements of Sec
on 130.20.020. It adopted its new Parks and Recrea
on Master Plan in 2012
and amended the Plan in 2019. Neither document was submiAed to the City Council for review and approval as required by the Quimby Ordinance. Further, the Quimby Ordinance requires JCSD to hold annual public hearings to consider whether updates to the Master Plan are required, which have not occurred. The Quimby Ordinance also requires an annual report to be submiAed to the City detailing land dedica
ons received and the fees received, among other things. The City has not received annual reports as required.

Environmental
Adop
on of the proposed Resolu
on is not a Project as defined by the California Environmental Quality Act (CEQA) and is such no environmental review is required.

Strategic Plan Action - Priority Level: 1 | Target #: 5 | Goal #: 3 The proposed Resolu
on support the following Priori
es, Ac
ons and Goals in the Strategic Plan
Action Plan adopted by the City Council:

Evaluate Parks and Recreation as a City Service;
Develop and construct a Civic Center; and
Create "Destination Eastvale".

Fiscal Impact
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
2687
The proposed Resolu
on could result in an increase to fund balances from fees received. A full analysis of fiscal impacts will be included with any development project that is required to pay fees or dedicate land; un
l an analysis is completed for specific proposed developments, it is unknown what revenue would be generated by the development.

Prior City Council/Commission Action
The City Council approved Ordinance 2011-04 In January of 2011.

Attachment(s)
Attachment A - Resolution Revoking JCSD Designation under Quimby Ord.docx 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
2688
RESOLUTION NO. 22-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, REVOKING RIVERSIDE COUNTY BOARD OF SUPERVISORS RESOLUTION NO. 97- 276 DESIGNATING THE JURUPA COMMUNITY SERVICES DISTRICT AS A PUBLIC

AGENCY ABLE TO RECEIVE LAND DEDICATIONS AND FEES FOR PARK AND RECREATION FACILITIES PURSUANT TO SECTION 130.20.020(K) OF THE

EASTVALE MUNICIPAL CODE
WHEREAS, on October 7, 1997, the County Board of Supervisors adopted Resolution No. 97-276 designating the Jurupa Community Services District (JCSD) as a public agency able to receive land dedications and fees for park and recreational facilities pursuant to Section 10.35 of County Ordinance No. 460.

WHEREAS, on January 26, 2011, the Eastvale City Council adopted Ordinance No. 2011- 04 providing that all County ordinances, resolutions, rules and regulations which had been applicable within the City prior to incorporation shall remain in full force and effect until the City Council takes action to supersede said ordinances, resolutions, rules and regulations.

WHEREAS, Section 10.35 of County Ordinance No. 460 is codified in Section 130.20.020 of the Eastvale Municipal Code and has not been substantively changed since the adoption of Ordinance No. 2011-04.

WHEREAS, County Resolution No. 97-276 has not been previously repealed, rescinded, revoked or otherwise superseded by action of the City Council since the adoption of Ordinance No. 2011-04.

WHEREAS, Section 130.20.020 of the Eastvale Municipal Code requires a public agency that has been designated as able to receive land dedications and fees for park and recreation facilities to adhere to certain requirements, including submitting its community parks and recreation plan (and any amendments thereto) to the City Council for approval, hold annual public hearings to consider the need for amendments to its community parks and recreation plan, and submit annual reports to the city council detailing land dedications and fees received, among other things.

WHEREAS, paragraph (k) of Section 130.20.020 provides that the City Council may revoke, suspend or modify any resolution designating a public agency to receive land dedications and fees if, after a public hearing, it finds the public agency has not complied or is not complying with any provision of Section 130.20.020.

Eastvale City CouncilMay 25, 2022

Eastvale City Council
May 25, 2022