Eastvale City Council
September 11, 2024

222

FIRST AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF EASTVALE

AND THE COUNTY OF RIVERSIDE
IN WITNESS WHEREOF, COUNTY and CITY have: caused their- duly authorized representatives to execute this I- irst Amendment.

COUNTY OF RIVERSIDE
Kevin Jeffries. Chair
Board of Supervisors
ATTEST:

Kimberly Rector
Clerk ' the Board
V
4By:

APPROVED AS TO FORM:

Minh Tran
County Counsel
By: / 9- -
13RUCF. G. FORDON
Deputy County Counsel

CITY OF EASTVALE
I3y:

Mark Orme
Cite Manager
ATTI : S" I-:

City Clerk
13N :

APPROVED AS TO FORM:
4) eputp' City Attorney

lt. pS- N?, 3 3,-
223
Department of Animal Services

Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director

Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387  FAX (951) 358-7300  TDD (951) 358-5124 Website: www.rcdas.org

May 30, 2024

City of Eastvale
Attn: Stephanie Vasquez
12363 Limonite Ave. Ste. 910
Eastvale, CA 91752

Re: Increase to Contract Rates - Recommendation to the Board of Supervisors on June 25, 2024

Greetings City Partner,

As we approach the end of Fisca l Year 2023-2024, the Riverside County Department of Animal Services, and all County departments, received strategic direction from the County Executive Office and Board of Supervisors (the Board) to increase rates by five percent on all contracts for Fiscal Year 2024- 2025. This includes all contracts w ith our partner Cities where the Department of Animal Services (the Department) provides field, shelter and/or licensing services to the City. The proposed contract rates for the upcoming fiscal year, as shown in the attachment to this letter, will be recommended to the Board on Tuesday, June 25, 2024. If adopted, the new rates will go into effect on August 1, 2024, unless otherwise indicated in a City’s service agreement. Starting in August, the billing statement will reflect the increase in contract rates. The first statement will be sent out in September and subsequent statements following thereafter. Please be advised, the Department will be offering one year contract amendments to all of our cities to continue providing services.

The County conducted a rates study and determined that implementing a full cost recovery approach was not the most reasonable option for our City partners . The fees would be substantially higher if the County were to adopt the full cost recovery model instead of the proposed five percen t increase.

Essentially, there would be a conside rable difference between the current amount pa id by the City and the amount that the City would pay under the full cost re covery model. County Board Policy No. B-4 requires that County departments recover the actual cost of providing services.

Finally, please be advised that the Department of Animal Services will soon be proposing amendments to Ordinance No. 534 and Ordinance No. 630. These Ordinance Amendments will streamline processes , increase efficiency, and update practices to be in l ine with what is practiced nationwide. We encourage your City to promptly adopt any revised versions of these County Ordinances once adopted by t he Riverside County Board of Supervisors.

224
Department of Animal Services

Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director

Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387  FAX (951) 358-7300  TDD (951) 358-5124 Website: www.rcdas.org

During this fiscal year ( from July 1, 2023 to April 30, 2024), the Department of Anim al Services has impounded a total of 31,140 live and dead ani mals. To help d ecrease the amount of impounds at the shelters, the staff at Animal Servic es remain dedicated to reuniting pets with their owners a nd we encourage residents to do the same. Our shelter team works tirelessly to find loving hom es for animals promptly which reduc es their length of stay. In February 2024, the Department initiated the 5,000 Cat Challenge with the goal of saving the lives of an additional 5,000 cats. This initiative is intended to promote trap-neuter-return and shelter -neuter-return, the health of Riverside County cats and improve the outcomes . Other public provided s ervices that the department offers are mobile spay and neut er clinics, wellness clinics , and adoption events . The se efforts also help reduce costs for City partners , improve shelter conditions and lower euthanasia rates.

The County Department of Animal Services appreciates the opportunity to continue the positive partnerships that we have developed with your City. If you have any questions or want to di scuss this further, please contact Harold Jones at email: [email protected] or 951-903-0996 or T haiese Sermons-
Krishnan at email: [email protected] or (951) 358-7545.

Sincerely,

Erin Gettis
Director of Animal Services

225
Department of Animal Services

Erin Gettis, Director
Dr. Kim Youngberg, Deputy Director

Riverside County

DEPARTMENT OF ANIMAL SERVICES
6851 Van Buren Blvd, Jurupa Valley, CA 92509
(951) 358-7387  FAX (951) 358-7300  TDD (951) 358-5124 Website: www.rcdas.org

DEPARTMENT OF ANIMAL SERVICES
FY 24-25 CONTRACT CITY RATES

PROPOSED ANIMAL CONTROL OFFICER (ACO) RATES

POSITION CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
ACO (Hourly Rate) $131.31 $137.88
ACO (Overtime/Hourly-
minimum call out of 2 hours)
$170.15 $178.66

PROPOSED DAILY SHELTERING RATE

SERVICE CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
Daily Sheltering Rate $34.10 $35.81

PROPOSED LICENSE PROCESSING FEES

SERVICE CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
License Processing Fee $11.35 $11.92

PROPOSED IMPOUND FEES

LOCATION CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
Blythe $6.90 $7.25
San Jacinto $10.44 $10.96
CVAC $10.86 $11.40
Jurupa Valley $12.53 $13.16

OTHER PROPOSED FEES

SERVICE CURRENT RATE FY
2023/2024

PROPOSED RATE FY
2024/2025
Large Animal-Horses $20.00 $21.00
Large Animal-Donkey, Sheep $12.00 $12.60
Deads $70.00 $73.50
Wildlife $138.00 $144.90
226

SECOND AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF EASTVALE AND THE

COUNTY OF RIVERSIDE
This Second Amendment to the AGREEMENT FOR ANIMAL CONTROL FIELD AND SHELTER SERVICES between COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of its Department of Animal Services (“COUNTY”) and the CITY OF EASTVALE (“CITY”), herein referred to as the “Second Amendment”, dated as of the Effective Date (defined herein), amends the Agreement as follows:

RECITALS
WHEREAS, COUNTY and CITY entered into an Agreement for Animal Control Field and Shelter Services Between the City of Eastvale and the County of Riverside for the provision of animal field and shelter services (“Original Agreement”) for a term commencing July 1, 2020 through June 30, 2023 (“Agreement”); and
WHEREAS, the COUNTY’s Board of Supervisors ratified and approved the Agreement on March 2, 2021, in Minute Order 3.5; and
WHEREAS, the COUNTY has continuously provided the CITY with Animal Control Field and Shelter Services since July 1, 2020; and
WHEREAS, the Agreement authorizes amendments to the Agreement with the approval of the Board of Supervisors of COUNTY and City Council of CITY; and WHEREAS, COUNTY and CITY entered into a First Amendment to Agreement for Animal Control Field and Shelter Services Between the City of Eastvale and the County of Riverside effective July 1, 2023, through June 30, 2024; and WHEREAS, COUNTY and CITY desire to extend the term of the Agreement until June 30, 2025; and
WHEREAS, COUNTY and CITY desire to amend the Agreement to reflect changes in the compensation, license fees and payment provisions.

NOW, THEREFORE, in consideration of the foregoing, COUNTY and CITY agree as follows:

1. Recitals – The recitals set forth above are true and correct and incorporated herein by reference.

2. Effective Date and Term. “The “Effective Date” of this Second Amendment shall be July 1, 2024 and shall terminate on June 30, 2025 unless terminated earlier as provided herein under Section VI, Termination.”

3. Section I: Obligations of Parties; C. City Obligations: 3. is hereby amended and replace with the following: In order for COUNTY to provide the full scope of services to CITY under this Agreement, within six (6) months following the Effective Date of this 227

Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534 and 630 codified as Riverside County Code of Ordinances Title 6-Animals and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. CITY will revise its municipal code within sixty (60) days of the COUNTY’s notification. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction.

4. Exhibit “A,” Exhibit “B” and Exhibit “C” of the Agreement are hereby removed in their entiretyand replace with Exhibit “A-2,” Exhibit “B-2,” and Exhibit “C-2” attached hereto and incorporated herein by this reference.

5. Entire Understanding. This Second Amendment, the First Amendment and the Original Agreement contain the entire understanding and agreement of the Parties. There are no oral or written representations, understandings, or ancillary covenants, undertakings or agreements that are not contained or expressly referred to within this Second Amendment, First Amendment and Original Agreement.

6. Further Assurances. The Parties agree to execute such other documents and to take such other actions as may be necessary to further the purpose of this Second Amendment.

7. Agreement in Full Force and Effect. Except as otherwise expressly modified herein, all other terms and conditions of the Original Agreement remain unmodified and in full force and effect.

8. Counterparts. This Second Amendment may be executed in several counterparts, each of which shall be deemed to be an original but all of which together will constitute one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
228

SECOND AMENDMENT TO

AGREEMENT FOR ANIMAL CONTROL FIELD AND

SHELTER SERVICES

BETWEEN THE CITY OF EASTVALE AND THE

COUNTY OF RIVERSIDE
IN WITNESS WHEREOF, COUNTY and CITY have caused their duly authorized representatives to execute this Second Amendment.

COUNTY OF RIVERSIDE
By:

Chuck Washington, Chair
Board of Supervisors

CITY OF EASTVALE
By:

Mark Orme
City Manager
ATTEST:

Kimberly Rector
Clerk of the Board
By:

ATTEST:

Marc Donohue
City Clerk
By:

APPROVED AS TO FORM:

Minh Tran
County Counsel
By:

Bruce G. Fordon
Deputy County Counsel
APPROVED AS TO FORM:

By:

Erica Vega
City Attorney
229

CITY OF EASTVALE
EXHIBIT “A-2”

SCOPE OF ANIMAL CONTROL FIELD SERVICES
The County of Riverside (“COUNTY”), agrees to provide the following Animal Control Field Services for the City of Eastvale (“CITY”):

1. Provision of Field Services: The Animal Control Field Services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities:

1.1 Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in this Exhibit “A-2” below.

1.2 Impoundment: County shall impound all animals found at large and collect and retain such impound fees as established by COUNTY’s Board of Supervisors.

1.3 Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal in accordance with State law.

1.4 Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reported bites by dogs or by suspected rabid or wild animals. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.5 Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the California Department of Public Health, and COUNTY policy.

1.6 Nuisance Animal Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints, as referenced in Riverside County Ordinance 630, codified at Title 6 of the Riverside County Municipal Code (“Title 6”). CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.7 Dead Animals: Remove dead animals from the public right-of-way except in such cases where the animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State of California Department of Transportation by telephone, facsimile, email or other means.

1.8 Return of Impounded Animals : Encourage the return of any lost/stray animal (impounded by field personnel) to the rightful owner in the field, subject to the payment of impound fees.

1.9 Kennels and Catteries: COUNTY shall inspect and issue permits to operate dog kennels and catteries within CITY pursuant to Title 6 and collect fees in connection therewith.

1.10 Issuance of Warnings and Citations: Enforce all appropriate provisions of Riverside County Ordinances, codified at Title 6 of the Riverside County Municipal Code, as necessary, including the issuance of warning notices or citations, for violations of the provisions of said Code. CITY shall be responsible for handling, whether directly or by its own legal counsel, administrative or criminal proceedings, including and without limitation, appeals and enforcement actions, arising hereunder; COUNTY shall reasonably facilitate and make Animal Control Officers available for such court proceedings.

1.11 Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding, COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as described in Section 5 below.

1.12 Complaints: The CITY and COUNTY shall designate a primary and alternate contact person for 230

the purpose of addressing complaints. "Complaint" as used herein shall mean any dissatisfaction or problem in the performance of services under this contract. When a complaint is received that requires a response from either PARTY, the CITY and COUNTY representatives designated for addressing complaints shall meet and confer to investigate and address the complaint within a reasonable time period.

2. Shelter Care and Disposition Services: The COUNTY shall shelter CITY’s animals at the County Animal Shelter, or other COUNTY operated shelter at the COUNTY’s discretion.

3. Provision of Supplies, Vehicles and Radio Equipment: COUNTY shall provide animal control vehicle(s) and equip it with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. Vehicles shall be replaced at the COUNTY’s discretion. The COUNTY shall fuel and maintain said vehicles. COUNTY shall also provide all other supplies, medications, pharmaceuticals, and equipment necessary for the efficient and effective operation of animal control field services provided herein.

4. Missing or Stolen Animals: COUNTY shall file a report with the appropriate law enforcement agency within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance.

5. Priority of Field Services:

5.1 Definitions:

5.1.1 “Services” are those enforcement activities rendered by COUNTY pursuant to the relevant sections of Title 6, related State law, and where applicable, County of Riverside Ordinances, and are assembled for expediency into two categories: Emergency and Non- Emergency.

5.1.2 “Priority Ranking” refers to the order of priority with which a call will be handled. All calls shall go directly to the dispatcher or assigned clerical staff for relay to the Animal Control Officer. If a call is exceptional, as defined in Section 5.4 of this Exhibit “A,” it shall be referred to the supervisor for evaluation and processing.

5.1.3 “Regular Service Hours” are the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted.

5.1.4 “Limited Service Hours” are the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on holidays.

5.1.5 “Holidays” are as those days as established by the COUNTY and the CITY wherein the CITY or COUNTY is closed for service on a day that would otherwise be a regular service day.

5.2 Field service activities shall be performed daily and are generally based on both the Priority Ranking and on Limited Service Hours. All calls involving imminent danger will be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited Service Hours and on Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances. COUNTY shall provide a means for responding to calls for service that take place during Limited Service Hours which are of an emergent nature pursuant to this Exhibit “A-2.” Field service personnel shall be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY.

5.3 Telephone service: The COUNTY shall answer all telephone calls for field services during 231

Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined in this Exhibit “A-2.” The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days. The CITY and COUNTY agree that any incident reports to the COUNTY by residents or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and requires immediate action by the COUNTY pursuant to this Agreement.

Calls for service received during Limited Service Hours that are not of an emergent nature shall be answered by an answering service and referred to call back on the next business day during phone center operational hours. These calls then be scheduled for response in accordance with this Exhibit “A.”

5.4 Calls considered as Emergencies to be handled Without Delay:

5.4.1 Animals endangering health or safety of the community.

5.4.2 Police Department requests for service.

5.4.3 Sick or injured stray animals.

5.4.4 Animals in distress.

5.4.5 Humane investigations – life threatening. (Depending on immediate circumstance)

5.4.6 Venomous snakes

5.4.7 Dead animal removal, Summer months only between June 1 and August 31 during Regular Business Hours

5.5 Calls Considered as Non-Emergency to be handled during Regular Business Hours:

5.5.1 Pick-up confined, healthy, stray-animals.

5.5.2 Dead animal removal, between September 1 and May 31.

5.5.3 Quarantine investigations.

5.5.4 Leash law enforcement.

5.5.5 Nuisance animal investigations.

5.5.6 Permit investigations.

5.6 Exceptions:

The Director of Animal Control or the deputies of the Animal Control Director may, on a case- by-case basis, authorize variations of priority when circumstances require.

6. Quarterly Reports:

COUNTY shall furnish to the City Manager, or designee, quarterly and annual reports detailing field services provided that quarter. Upon reasonable notice to COUNTY, CITY may inspect any facility or records to verify the data contained in the reports. 232

CITY OF EASTVALE
EXHIBIT “B-2”

SCOPE OF ANIMAL SHELTERING SERVICES
The County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following Animal Shelter Services for the City of Eastvale (“CITY”). All capitalized terms set forth herein are defined in Section B below.

A. COUNTY ANIMAL SHELTER LOCATION

1. Shelter Location : The COUNTY shall maintain CITY’s animals at the Western Riverside County/City Valley Animal Campus (“Shelter”), or other shelter operated by COUNTY at COUNTY’s discretion.

The COUNTY shall be responsible for the operation and maintenance of its shelters and the care of the animals on a twenty-four (24) hour basis.

2. Shelter Hours of Operation: COUNTY shall maintain hours of operation at the Shelter to provide maximum public access to the animals, to the extent possible.

B. DEFINITIONS

1. “Animal Shelter Services” shall include the following activities and services:
a. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals.
b. Redemption, treatment, sale, adoption, and/or disposal of all animals. c. Counseling and advising animal owners.
d. Posting on Shelter’s website of photographs of all newly impounded animals and identifying each animal individually.
e. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals at the owner’s expense.
f. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing those animals that are euthanized and the reasons for such euthanasia on an animal-by-animal basis. This log shall include whether the animal was unhealthy and/or unsuitable for adoption.
g. Proper disposal of dead animals at the rate as set forth in Exhibit C, Payment Provisions. h. “Care” includes, but is not limited to providing a safe, temporary refuge for any animal impounded, and providing needed medical services for injured/sick animals or transfer of animal to the appropriate agency.

2. “Adoptable Animal” shall mean an animal eight (8) weeks of age or older that at or subsequent to the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. Dogs declared “vicious” or “potentially dangerous” under State and/or local laws shall be deemed unadoptable.

3. “Treatable” shall mean an animal with a medical condition such as skin problems, bad flea or skin infestations, a broken limb, abscesses, or problems that may be treated with appropriate resources, holding space, treatment and/or time. “Treatable” shall also mean an animal with 233

behavioral conditions that may be corrected with time and proper training, such as chasing animals/objects, food aggression, etc.

4. “Untreatable Animal” shall mean any animal that is irremediably suffering from a serious illness or physical injury or behavioral condition and shall not be held for owner redemption or adoption.

5. “Impounded Animal” shall include animals found running at large, removed from private property, or that are taken into the shelter by COUNTY or law enforcement.

6. “Seized Animal” shall include animals that are confiscated under Penal Code 597.1 from an owner when ordered by a court of competent jurisdiction, whether the seizure was determined justified or not, when exigent circumstances exist.

C. SCOPE OF ANIMAL SHELTER SERVICES

1. Treatment of Animals: COUNTY shall provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care.

2. Level of Service Provided : COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

3. Feeding Protocols : All animals shall be fed in amounts appropriate to meet their nutritional needs.

4. Disease Control and Sanitation : COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association and American Veterinary Medical Association.

5. Provision of Personnel and Supplies : COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the Animal Shelter Services described herein.

6. Holding Periods : COUNTY shall hold all stray-impounded animals, not otherwise owner identifiable, for the holding periods as required by State law.

7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such animal is not reclaimed by the animal’s owner and is deemed not adoptable by COUNTY. Untreatable Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time, and location where animal was found; method of euthanasia, and reason for use of method.

8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control 234

and Prevention, State law, and COUNTY policy, all animals suspected of being rabid, or involved in a bite investigation.
a. Impoundments and Quarantines: COUNTY shall house, feed, and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location.

9. Animals Surrendered by their Owners: Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. a. Animals Surrendered by their Owners: Owner Surrenders will be impounded on a case- by-case basis. Diversion programs will be offered to assist with pet retention. CITY shall direct their constituents to consult with COUNTY to surrender their pet. COUNTY will offer CITY’s constituents assistance through diversion programs.

10. Any pet surrendered by the owner to an Animal Control Officer and transported to the COUNTY shelter shall incur prevailing owner surrender charges. Such fees shall be collected from the owner and conveyed to the COUNTY or be charged directly to the CITY at the established stray animal rate. CITY Animal Control Officers shall refer constituents requesting to surrender their animal to COUNTY for a diversion consultation. CITY shall not accept owner surrenders in the field prior to the constituent consulting the COUNTY.

11. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation.

12. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion.

13. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags and scanned for microchip by qualified Shelter staff within one (1) hour of arrival at the Shelter.

Shelter staff shall make all attempts to notify owners within twenty-four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals to the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags, or research license numbers in an effort to reunite animals in the field.

14. Incoming Animal Examinations/Assessments: A cursory exam of an animal shall be performed within twelve (12) hours, except during Limited Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessment shall include the following:
a. A physical examination to determine if a medical condition exists which requires a veterinarian’s attention
235

b. Routine vaccinations and de-worming, as needed
c. External parasite treatment, as needed
d. Document the animal’s incoming weight
e. Scan for microchip identification
f. Establish unique identifier for the animal
g. Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed.

15. Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter.

16. Adoption: Animals identified as being available for adoption shall be up for adoption in the shelter or off-site location, or by posting online.

17. Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition.

In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs.

18. Microchipping: In accordance with California Food and Agricultural (“F&A”) Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter.

19. Community Adoption Partners: COUNTY shall comply with F&A Code Sections 31108 and 31752 that provide that any stray dog or cat that is impounded “shall, prior to the euthanasia of that animal be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue or adoption organization if requested by the organization prior to the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with any animal organization or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to any required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released.”

20. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers.

21. Community Cat Program (CCP): COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and eartipped. 236

Once the cat has recovered, the cat will be returned to place of origin.

22. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (DEA) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances.

23. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary, and other areas of the Shelter. Staffing shall include any and all full or part-time personnel and shall include the recruitment, supervision, and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and any and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY.

24. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody.

25. CITY Access: COUNTY shall provide access of the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice.

26. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter.

Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. Such expenses shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY.

27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws.

28. LICENSE FEES (Section 2 of Riverside County Ordinance 630): Licenses shall be issued upon payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time.

29. RABIES VACCINATION CERTIFICATE DATA: Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been scrubbed of inconsistencies. Reminders of licensing requirements shall be automatically generated and mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. Remittance options include the web licensing portal on COUNTY’s website, www.rcdas.org. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY shall also provide an automated or manual verification system whereby owners can verify the status of their animal’s 237

license by telephone.

30. COLLECTION OF LICENSE FEES: CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain $11.92 per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY on a monthly basis and the COUNTY shall remit to CITY the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the total of $11.92 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in Section III. Compensation .

CITY shall be responsible for a one-time conversion fee for new data, which is estimated to cost the City approximately $10,000 - $20,000. This cost does not include the expected ongoing annual maintenance fee of approximately $1,000. entered into COUNTY’s licensing database.

D. COMPENSATION

1. Compensation for Animal Shelter Services: Additional compensation for Animal Shelter Services may be required. Additional costs for large animal sheltering are incurred at $21 per animal, per day for horses and cattle, and $12.60 per animal, per day for swine, goats, and sheep in accordance with COUNTY’s Animal Control Ordinances and shall be billed based on actual sheltering on a monthly basis.

2. Impound/Quarantine Fees: CITY shall be responsible for all costs associated with any and all animals seized within the CITY boundaries and brought to COUNTY which are held in Shelter, including facilities that have agreements with the COUNTY to provide additional shelter services under the supervision of the COUNTY. This includes, but is not limited to, animals held in association with any criminal prosecution of animal abuse and welfare cases, animals being held as evidence in a court filing, or rabies quarantine. The COUNTY agrees to assist the CITY in seeking reimbursement from the owner by providing invoices for all services provided. All services provided to each animal involved shall be charged as of the current date including but not limited to the following: IMP 1-collection; State Fine 1-collection, Board collection- all fees due; QT Board collection-if applicable; Rabies Vaccination collection- if applicable; DA2PPV collection; Bordatella collection; microchip collection; any and all medications provided to each animal; and personnel charges. All fees will be in accordance with the COUNTY’s current fee schedule.

3. Outreach Activities: CITY shall work with COUNTY to promote responsible pet ownership, lost and found animals, mutually agreeable animal welfare programs, Spay/Neuter Services, and through its own social media pages. If requested by CITY, the daily flat rates for vaccination clinics or spay/neuter clinics shall be billed based on actual outreach days specified in Exhibit C:
a. Vaccination or Spay/Neuter Clinic: The cost includes staff, vaccinations, and microchips, free to constituents with two hundred (200) animal cap per event for vaccination clinic OR thirty (30) animal cap per event for spay/neuter. The clinics are billed on actual use. 238

CITY OF EASTVALE
EXHIBIT “C-2”

PAYMENT PROVISIONS
City of Eastvale (“CITY”) shall compensate the County of Riverside (“COUNTY”) on a monthly basis arrears, with a monthly billing and accounting thereof by COUNTY to CITY those fees as established by the CITY’s Master Fee Schedule, as amended from time to time, and COUNTY’s Board of Supervisors’ fee schedule, as amended from time to time; relative to the services to be performed under this Agreement as follows:

Field and Shelter Services Estimate
Service Quantity Cost Annually Monthly
Half-time Animal
Control Officer 1,040 $137.88/hour $143,395.20 $11,949.60 Estimated Overtime* 182.50 $178.66/hour $32,605.45 $2,717.12 Animal Sheltering 1,940 $35.81/day x 8-day avg. $69,471.40 $5,789.28 Wildlife Impounds 23 $144.90 $3,332.70 $277.72
DeceasedAnimal Pick-
Up and Disposal 148 $73.50 $10,878.00 $906.50
O&M 396 $13.16/impound $5,211.36 $434.28
License Processing*** 2,128 $11.92 per license $25,365.76 $2,113.81 Total Estimated Cost $290,259.87/FY $24,188.32/month
* Overtime/stand-by field services $178.66 per hour (minimum call out of 2 hours). * Cost will fluctuate based on actual overtime, wildlife calls and deceased animal pickups. **Rates are subject to change as adopted by the Board of Supervisors, as specified in Section III of this Agreement.
***License processing cost may vary based on number of licenses sold. County shall retain $11.92 for each license sold, and remaining balance of license will be credited back to the City on a monthly basis.

Sheltering:

Animal Sheltering costs at the Western Riverside Valley Animal Campus is $35.81 per kenneling day, and it would be billed based on actual impounds. County shall provide the Cities with a monthly invoice that includes actual impound statistics. The invoice will detail the number of animals impounded and the total number of kenneling days, plus all other applicable fees.

Operational and Maintenance (O&M):

O&M is charged at $13.16 per stray dog or cat impound.

Livestock and Other Impound Fees:

Large Animal Sheltering @ $21/animal (horses, ponies, cattle) per day of sheltering (additional cost billed on 239

actual use).

Large Animal Sheltering @ $12.60/animal (swine, goats, sheep) per day of sheltering (additional cost billed on actual use).

Wildlife impound fee: $144.90 per impound
Deceased animal pickup fee: $73.50 per animal
Optional Services
Daily flat rates for shot clinics and/or spay and neuter bus services will be billed based on actual outreach days scheduled. Compensation accounts for full staff time to provide service for one day. The maximum time possible will be afforded for actual outreach activity; however actual outreach activity time will be reduced by travel and preparation time the day of the event.

Shot Clinic or Spay/Neuter Bus Services:
$3,000 per event flat rate billed actual use**
(The cost to provide three (3) clinic services staff and one veterinarian for 9 hours, to be billed based on actual usage as requested by City.)
240

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.9
September 11, 2024
Acceptance of Traffic Signal Maintenance Easement at 4700 Hamner Avenue for a New Traffic Signal
Prepared By:

Jimmy Chung, Public Works Director/City Engineer
Recommended Action(s)
Staff recommends that the City Council adopt Resolu on 24-XX, accep ng the easement of Right-of- Way at Hamner Avenue for a new traffic signal.

Summary
City of Ontario development project PDEV22-001 is comprised of approximately 54.28 acres of land and located at the northwest corner of Cantu Galleano Ranch Road and Hamner Avenue. As part of the offsite improvements required for the project by the City of Ontario, a new traffic signal is proposed to be installed at 4700 Hamner Avenue. Two of the traffic signal poles will be located on private property that is owned by W.W Grainger, Inc. and within the City of Eastvale. An easement is required to install, operate, maintain, and replace traffic signal facili es and related equipment and all appurtenances.

Background
On June 2, 2022, Fuscoe Engineering, inc., design engineer for the project, submi:ed offsite improvements plans to City of Eastvale for plan check. The proposed project is located in City of Ontario at the northwest corner of Cantu Galleano Ranch Rd D and Hamner Avenue. The proposed public improvements include, but are not limited to: construc on of a raised median and construc on of concrete pavement at the southern por on of the intersec on. One of the proposed improvements includes installing a traffic signal at the exis ng driveway to 4700 Hamner Avenue.

This is to safely allow vehicles in and out of the newly proposed street within the project site. City staff has reviewed Traffic Impact Analysis and determined that the project should not cause any 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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significant impacts on Eastvale Street network with the surrounding streets, such as Hamner Avenue, being proposed to be ultimately developed to 6-lane major roadway standards.

Environmental
There is no new significant environment impacts.

Strategic Plan Action - Priority Level: N/A
| Target #: E
| Goal #: D
Plan for synchronized traffic signals.

Fiscal Impact
There is no fiscal impact at this me. The installa on cost is fully covered by the developer. This intersec on will be added to the exis ng Agreement for Maintenance and Opera on of Jointly owned Traffic Signals and Intersec on Safety Ligh ng Joint that the City entered into with the City of Ontario on October 1, 2013. This intersec on is to be operated and maintained by the City of Ontario with a cost split of 66.7% (Ontario) /33.3% (Eastvale). Account 200-510-6438 in the Gas Tax Fund will be used to pay the future operation and maintenance costs.

Prior City Council/Commission Action
There is no prior City Council Action.

Attachment(s)
Attachment 1 - Vicinity Map.pdf

Attachment 2 - Easement Deed.pdf

Attachment 3 - Resolution
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243
244
245
246
247
248
RESOLUTION NO. 24-XX

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

AUTHORIZING THE CITY MANAGER TO ACCEPT THE EASEMENT FOR TRAFFIC SIGNAL MAINTENANCE AT 4700 HAMNER AVE
NOW, THEREFORE, BE IT RESOLVED AND ORDERED, that, in accordance with California Government Code Section 27281, the City Council of the City of Eastvale hereby authorizes the City Manager to accept the easement for the purposes substantially in the attached hereto as Exhibit A from W.W Grainger, Inc. and within the City of Eastvale; and BE IT FURTHER RESOLVED that the City Manager is authorized to execute any documents and take all action necessary to complete the acceptance and recordation of the dedication.

PASSED, APPROVED AND ADOPTED this 11th day of September, 2024. __________________________________________
Christian Dino
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
249

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 24-XX, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the XX day of Month 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
250

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.10
September 11, 2024
Approval to Increase Accela Land Management So)ware User Licenses
Prepared By:

Johnny Terfehr, Community Safety Director
Recommended Action(s)
Staff recommends that the City Council:

1 .

Authorize up to 10 addional Accela user licenses in an amount not-to-exceed $144,307.60 during current contract period ending March 25, 2028 for a total contract not-to-exceed amount of $685,772.29; and
2 .

Authorize the City Manager execute necessary contract documents and order forms.

Summary
Accela serves as a cloud-based land management so0ware system that allows staff to track development projects and issue permits. Since March 2015, staff ulize Accela to expedite and enhance the permit process. The current contract with Accela, which was approved on February 22, 2023, authorizes 30 user licenses. The City is requesng approval to add up to 10 addional user licenses on an as-needed basis for a total not-to-exceed amount of $144.307.60 during the current contract period ending March 25, 2028.

Background
The Accela pla7orm is a cloud-based so0ware that enables governments agencies to automate and streamline civic processes. To date, over 1,000 state, county, and local agencies across the naon ulize Accela’s services with the aim of decreasing me and increasing efficiency in the delivery of government services. Accela also includes funconalies that allow members of the public to access 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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251
permit data and submit projects through the Accela Citizen Access portal.

On February 22, 2023, the City Council approved a 5-year agreement with Accela. The agreement commenced on March 26, 2023 and concludes on March 25, 2028. The agreement allows for 30 user licenses, all of which are being utilized.

The City currently uses Accela for electronic permit and plan review, online inspecon requests and scheduling, deposit cost recovery, permit fee calculaons, automated noficaons to project applicants, and to ensure an overall streamlined workflow.

In consideraon of City staff growth and services related to permits, staff is recommending that the city council authorize up to 10 addional user licenses for a total not-to-exceed amount of $144,307.60 (over remaining contract period) and authorize the City Manager to execute any necessary contract documents and order forms. The addional cost for 10 user licenses will increase the total contract not-to-exceed amount to $685,772.29. Each user license costs approximately $3,348.11 - $3,875.85 per contract year. The addional user licenses will be added on an as-needed basis and will ensure current and future staff have proper access to the Accela platform.

Environmental
Pursuant to Secon 15378 of the California Environmental Quality Act (CEQA) Guidelines, organizaonal or administrave acvies of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.

Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: C
Identify and recommend tools necessary for optimal employee performance.

Fiscal Impact
The addion of up to 10 user licenses will cost approximately $144,307.60 if all users acvated for the full term of the contract which will increase to the total contract not-to-exceed amount to $685,772.29. Staff ancipates adding 1-3 licenses during the current fiscal year and there is budget available in 100-311-6615 to cover this cost. In future years, staff will ensure adequate budget is allocated for the number of users needed during the budget approval process. On January 24, 2024 City Council approved a revised Citywide user fee study that includes full cost recovery for technology used to issue permits, including Accela.

Prior City Council/Commission Action
On March 11, 2015, the City Council awarded the inial contract with Accela in the amount of $45,372 for one calendar year. From 2015 to 2019, the contract with Accela was renewed on an annual basis.

On March 11, 2020, the City Council approved another contract with Accela for three years in the amount of $271,900.18 from March 2020 to March 2023.

On February 22, 2023, the City Council approved a contract renewal with Accela for five years in the amount of $555,740.49 from March 2023 to March 2028

On January 24, 2024, the City Council approved a revised user fee study that includes full cost 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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recovery for technology used to issue permits.

Attachment(s)
Attachment 1 - Additional User License Order Form

Attachment 2 - Accela Agreement 2.22.23.pdf

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9110 Alcosta Blvd, Suite H #3030
San Ramon, CA, 94583
Proposed by: Tyler Stanchina
Contact Phone:

Contact Email: [email protected]
Quote ID: Q-34114
Valid Through: 10/19/2024
Currency: USD
__________________________________________________________________________________________________________________________________________ Order Form
Address Information
Bill To: Ship To:

City of Eastvale, CA City of Eastvale, CA
12363 Limonite Ave. Suite 910
Eastvale, California 91752
United States
12363 Limonite Ave. Ste 910
Eastvale, California 91752
United States
Billing Name: Maggie Torres
Billing Phone: (951) 703-4436
Billing Email: [email protected]
____________________________________________________________________________________________________________________________________________________________ Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 2 8/20/2024 3/25/2025 7 $3,348.11 1 $2,008.10
TOTAL: $2,008.10
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 3 3/26/2025 3/25/2026 12 $3,515.51 1 $3,515.51
TOTAL: $3,515.51
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 4 3/26/2026 3/25/2027 12 $3,691.29 1 $3,691.29
TOTAL: $3,691.29
Services Year Start Date End Date Term
(Months)
Price Qty Net Total
Accela Civic Platform -
Subscription User
Year 5 3/26/2027 3/25/2028 12 $3,875.85 1 $3,875.85
TOTAL: $3,875.85
Pricing Summary
Period Net Total
Year 2 $ 2,008.10
Year 3 $ 3,515.51
Year 4 $ 3,691.29
Year 5 $ 3,875.85
Total $ 13,090.75
Additional Terms:

1. No additional or conflicting terms or conditions stated in Customer’s order documentation, including purchase orders, will be incorporated into or form any part of this Order Form or the governing agreement, and all such terms or conditions will be null.

Quote Number:Q-34114-1 Print Date:8/21/2024
Page
1 of 2
254

2. This Order Form, including any OnPrem Licenses, Maintenance and Support, and Subscription Services, Enhanced Reporting Database and Managed Application Services will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired, do not apply or have otherwise been terminated, the following terms at
https://www.accela.com/terms/ will govern as applicable, based on the Customer’s purchase.

3. All Software Licenses, Maintenance, and Subscription purchases are non-cancelable and non-refundable.

4.If Customer has a prior agreement with Accela, and this purchase is co-terming with that prior agreement, if the start date on this Order Form is before the actual delivery date of the purchase, Accela may pro-rate this purchase so that it can co-term with the prior agreement.

5. If this Order Form is executed and/or returned to Accela by Customer after the Order Start Date above, Accela may adjust the Order Start Date and Order End Date without increasing the total price based on the date Accela activates the products and provided that the total term length does not change.

6. Pricing is based upon payment by ACH or check. Payment by credit card (including Purchase Cards) for product and services in this Order Form will be subject to a service charge of 3%. There is no service charge for ACH or check payment.

Signatures
Accela, Inc. Customer
Signature: Signature:

Print Name: Print Name:

Title: Title:

Date: Date:

Quote Number:Q-34114-1 Print Date:8/21/2024

255
A- 2023- 014
MAccela
2633 Camino Ramon, Suite 500
San Ramon, CA, 94583
Address Information
Bill To:

City of Eastvale, CA
12363 Limonite Ave. Suite 910
Eastvale, California 91752
United States
Billing Name: Maggie Torres
Billing Phone: ( 951) 703-4436
Billing Email: mtorres@eastvaleca. gov
Proposed by: Caitlin Carter
Contact Phone: ( 925) 359 - 3411
Contact Email: ccarter@accela. com
Quote ID: Q- 28243
Valid Through: 03/ 15/ 2023
Currency: USD
Renewal Order Form
Ship To:

City of Eastvale, CA
12363 Limonite Ave. Ste 910
Eastvale, California 91752
United States
Services Year Start Date End Date Term Price Qty Net Total Months)
Accela Citizen Access - Year 1 3/ 26/ 2023 3/ 25/ 2024 12 0. 04 58, 195 2, 331. 22 Subscription Population
Accela Civic Platform - Year 1 3/ 26/ 2023 3/ 25/ 2024 12 3, 188. 67 30 95, 660. 24 Subscription User
TOTAL: 97, 991. 46
Services Year Start Date End Date Term Price Qty Net Total Months)
Accela Citizen Access - Year 2 3126/ 2124 312512125 12 0. 04 58, 195 2, 447. 78 Subscription Population
Accela Civic Platform - Year 2 3/ 26/ 2024 3/ 25/ 2025 12 3, 348. 11 30 100. 443. 26 Subscription User
TOTAL: 102, 891. 04
Services Year Start Date End Date Term Price Qty Net Total Months)
Accela Citizen Access - Year 3 3/ 26/ 2025 3/ 25/ 2026 12 0, 04 ', 58, 195 ,, 2, 570. 17 Subscription Population

256
Services Year Start Date End Date Term Price
Months)
Accela Civic Platform - Year 3 3/ 26/ 2025 3/ 25/ 2026 12 $ 3, 515. 51 Subscription User
I I
Services Year Start Date End Date Term Price
Months)
Accela Citizen Access - Year 4 3/ 26/ 2026 3/ 25/ 2027 12 Subscription Population
Accela Civic Platform - Year 4 3/ 26/ 2026 3/ 25/ 2027 12 3, 691. 29 Subscription User
Qty Net Total
30 105, 465. 42
TOTAL: 108, 035. 59
Qty Net Total
58, 195 2, 698. 68
30 110, 738. 69
TOTAL: 113, 437. 37
Services Year Start Date End Date Term Price Qty Net Total Months)
Accela Citizen Access - Year 5 3/ 26/ 2027 3/ 25/ 2028 12 0. 05 58, 195 2, 833. 61 Subscription Population
Accela Civic Platform - Year 5 3/ 26/ 2027 3/ 25/ 2028 12 3, 875. 85 30 116, 275. 62 Subscription User
TOTAL: 119, 109. 23
Pricing Summary
Period Net Total
Year 1 97, 991. 46
Year 2 102, 891. 04
Year 3 108, 035. 59
Year 4 113, 437. 37
Year 5 119, 109. 23
Total $ 541, 464. 69

257
Renewal Terms/ Information:

General Information
Governing
Agreement( s) This Order Form will be governed by the applicable terms and conditions. If those terms and conditions are non-existent, have expired or have otherwise been terminated, the following terms at hftps:// www. accela. com/ terms/ will govern as applicable, based on the Customer' s purchase.

Order Terms
Order Start Date Unless otherwise specified in the Special Order Terms:

Software Licenses & Subscriptions start on the date of delivery by Accela; Hosting and Support start on Accela' s delivery of the software hosted and/ or supported;.

Order Duration Unless otherwise specified in the Special Order Terms:

Subscriptions continue from the Order Start Date through the number of months listed in this Order Form ( or if not listed, twelve ( 12) months). Thereafter Subscriptions automatically renew annually as calculated from Order Start Date of Customers first Subscription purchase.

Any Software Licenses or Hardware are one- time, non- refundable purchases.

Hosting and Support continue from the Order Start Date through the number of months listed in this Order Form ( or if not listed, twelve ( 12) months).

Professional Services continue for the duration as outlined in the applicable Statement of Work, Exhibit or the Governing Agreement, as applicable.

Special Order Terms This Order Form replaces all previous order forms for the terms listed above and will govern the Software, Maintenance, and/ or Services items listed on this Order Form.

In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.

For Software Licenses, Accela may terminate this Order Form in the event the Software is phased out across Accela' s customer base. In such event, Accela will provide Customer sufficient advance notice and the parties will mutually agree to a migration plan for converting Customer to another Accela generally -available offering with comparable functionality.

Payment Terms
Currency USD
Invoice Date Unless otherwise stated in the Special Payment Terms, Invoice for the Grand Total above will be issued on the Order Start Date.

Payment Due Date Unless otherwise stated in the Special Payment Terms or the Governing Agreement( s), all payments are due on the Invoice Date and payable net 30 days.

Special None unless otherwise specified in this location.

Payment
Terms

258
Purchase Order If CustomerrequiresPO numberon invoices, it must be providedbelowandCustomermust providea copyof the PO priorto invoiceissuance. If no PO numberprovidedprior to invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

PO#
Accela, Inc.

Signature
DocuSigned by:
pgggy aanoe...

Aaron Haggarty
chief Legal officer
Date:
2/ 28/ 2023
Signature:

0. l
O
Print Name:

Mary- orn'1e
Title.

Date

Gi-" MaYi A(
F Mvarj Z3, 20z3
259

AGENDA STAFF REPORT

City Council Meeting

PUBLIC HEARINGS

Agenda Item No. 12.1
September 11, 2024
PLN24-20054 - Amendment to Sec,on 120.04.010 of the Eastvale Municipal Code as it pertains to Accessory Dwelling Units Prepared By:

David Murray, City Planner
Recommended Action(s)
Staff recommends that the City Council take the following actions:

1 .

Determine that the proposed Zoning Code text amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sec*on 15060(c)(3) of the State of California Guidelines for implementa*on of CEQA as it is not a project as defined in Sec*on 15378 of the CEQA Guidelines; and
2 .

Introduce an ordinance en*tled:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

EASTVALE
, CALIFORNIA, AMENDING SECTION 120.04.010 (ACCESSORY DWELLING UNITS) OF

THE EASTVALE MUNICIPAL CODE
Summary
The proposed ordinance would amend the City's regula*ons related to Accessory Dwelling Units (ADUs) to comply with changes in state law since the last update to Sec*on 120.04.010 of the Eastvale Municipal Code in 2020.

Background
Beginning in 2016, the California legislature began to pass a series of bills designed to encourage addi*onal small-scale housing produc*on by requiring jurisdic*ons throughout the State to meet requirements that would alleviate restric*ons on residen*al development. Over the subsequent eight years, there have been numerous addi*onal bills that expanded the ability to construct 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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260
Accessory and Junior Accessory Dwelling Units (ADUs and JADUs) on both single-family and mul*- family properties.

During this *me, the City of Eastvale made incremental changes to the Municipal Code to maintain compliance with the ever-changing state mandates. However, the last update to Sec*on 120.04.010 of the Eastvale Municipal Code occurred in April 2020. Since then, there have been changes in state law related to ADUs resul*ng in the City's Municipal Code being out of compliance and subject to legal challenge. As such, staff is bringing forward a proposal to amend the code to bring it up to date with current legislation.

The proposed changes that reflect current state legislature are included as redline/strikeout text in Attachment 1 and include the following:

1 .

Clarifica*ons and addi*ons to the defini*ons sec*on including new defini*ons for "Accessory Structure," "Detached Accessory Dwelling Unit," and "Objective Standards;" 2 .

Adjustment of maximum allowable ADU size from 1,200 square feet to the minimum size statutorily required (1,000 square feet);
3 .

Clarifica*on to allow for ADUs in the front setback area when the condi*ons of the property do not allow for the placement of an ADU of at least an 800 square feet in the side or rear yards;
4 .

Revisions to the language related to maximum height requirements for ADUs; and 5 .

Other clarifying changes as required.

On July 17, 2024, the Planning Commission adopted Resolu*on 24-08 recommending that City Council adopt a Zoning Ordinance Amendment of Sec*on 120.04.010 of the Eastvale Municipal Code to comply with state law. The proposed amendments also included an addi*onal change made to Sec*on (b)(1) of the affected Municipal Code Sec*on to address concerns raised by the California Housing Defense Fund ("CalHDF") in a leMer dated July 15, 2024. This change was prepared in consulta*on with the City AMorney's Office and is intended to refer back to California Government Code Sec*on 66323 for other provisions and allowances that may be afforded to property owners, while providing flexibility for compliance with any future legislative changes in state law.

On July 18, 2024, following Planning Commission approval, staff received follow up communica*on from "CalHDF" recommending addi*onal language to provide greater clarity. Based on this recommenda*on, staff has added subsec*on (b)(1)c to further clarify state law allowances for ADUs under California Government Code Section 66323(a).

The proposed changes are consistent with the General Plan goals, policies, and implementa*on programs. Specifically, Housing Element Strategy HE-1G provides the City will encourage the construc*on of accessory dwelling units by amending the Municipal Code to be consistent with current state law.

State law requires the City to submit a copy of its ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days aOer it is adopted. HCD will issue findings regarding compliance with State law. HCD has not issued formal guidance to date addressing how HCD interprets the new ADU laws to assist ci*es in draOing their new ordinances.

HCD may request additional revisions to the Ordinance after it completes its review. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
261
Environmental
This Ordinance is exempt from the California Environmental Quality Act (CEQA) review under the general rule exemp*on. The ordinance ensures compliance with state law by upda*ng the City's regula*ons for consistency. The adop*on if this amendment does not exceed what is statutorily allowed under exis*ng state law, and will not directly result in development or intensifica*on of land use.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not Applicable.

Fiscal Impact
There is no fiscal impact to the City associated with adop*on of this Zoning Code Amendment, as staff *me to prepare this report and draO ordinance is included in the 2023/24 FY Community Development Department budget.

Prior City Council/Commission Action
The City Council previously adopted Ordinances 2018-05 and 2020-03 to amend Sec*on 120.04.010 of the Eastvale Municipal Code.

On July 17, 2024, the Planning Commission adopted Resolu*on 24-08 recommending that City Council adopt a Zoning Ordinance Amendment of Sec*on 120.04.010 of the Eastvale Municipal Code to comply with state law.

Attachment(s)
Attachment 1 - Proposed Amendments - Redline CC.docx

Attachment 2 - Draft Ordinance.docx

Attachment 3 - Proof of Publication.pdf

Attachment 4 - PC Report 07-17-2024.pdf

Attachment 5 - PC Resolution 24-08.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
262

Sec. 120.04.010. Accessory dwelling units.
(a) Intent. The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low- income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area. (b) Applicability.
(1) Except as provided in Government Code Section 66323, an accessory dwelling unit shall not be established without first obtaining an accessory dwelling unit permit from the city. An accessory dwelling unit permit application shall be approved ministerially by the community development director without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes. If the community development director denies an application for an accessory dwelling unit permit they shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied within the time frames below for approval or denial of the application. a. Existing developments. The permit application shall be acted on within 60 days from the date the city receives a completed application if there is an existing single-family or multi-family dwelling on the lot.
b. New developments. If the permit application is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the application shall be acted on concurrently with the building permit for the new single-family or multi-family dwelling. c. For accessory dwelling units and junior accessory dwelling units that meet the requirements of Government Code 66323(a), including but not limited to size, height, setback, and access, an applicant may apply for a building permit directly without the need for an accessory dwelling unit permit. Such accessory dwelling units and junior accessory dwelling units are exempt from the standards listed in subdivisions (d) and (e) below but must comply with the requirements of Government Code 66323(a) and applicable building code.
(2) The applicant for an accessory dwelling unit permit must be the owner of the property on which the accessory dwelling unit will be located.
(3) For the purposes of meeting the city's applicable Regional Housing Needs Allocation (RHNA) as contained in the adopted housing element, accessory dwelling units may be reported as new production of housing units.
(4) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of an accessory dwelling unit permit under this section.
(c) Definitions.
(1) "Accessory dwelling unit" means an attached or detached residential dwelling which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory Structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) "Attached" accessory dwelling means a unit that is or will be attached to or located within the existing or proposed primary dwelling, including attached garages, storage areas or similar uses, or the 263

conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, including detached garages.
(4) "Detached" accessory dwelling unit means a unit that is or will be detached from the proposed or existing primary dwelling but is not a conversion of an existing detached accessory structure. (5) "Junior accessory dwelling unit" means an accessory dwelling unit that is no more than 500 square feet and contained entirely within a proposed or existing single-family residence. It may contain separate sanitation facilities or may share them with the primary dwelling. A junior accessory dwelling unit shall include an efficiency kitchen consisting of a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(6) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(8) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(d) Development standards. No accessory dwelling unit permit application shall be approved for an accessory dwelling unit unless it complies with the following requirements:
(1) The lot is within a single-family or multi-family residential zone and includes a proposed or existing single-family or multi-family primary dwelling.
a. One detached, new construction accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
b. One attached accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
c. One junior accessory dwelling unit may be permitted per lot with a proposed or existing single- family dwelling.
d. For accessory dwelling units on lots with existing or proposed multi-family dwellings:

1. At least one attached accessory dwelling units may be permitted per lot with existing multi- family residential. The total number of attached accessory dwelling units permitted on the lot shall not exceed 25 percent of the existing number of multi-family residential units on the lot.

2. Up to two detached accessory dwelling units are permitted per lot with existing or proposed multi-family residential.
(2) The total area of floor space of an attached or detached accessory dwelling unit the following:
a. 850 square feet if the accessory dwelling unit has one bedroom or less; or b. 1,000 square feet if the accessory dwelling unit has more than one bedroom.

Notwithstanding the foregoing, where there is an existing dwelling an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling’s floor area or the aforementioned square footages, whichever is less.
264

(3) Home occupations which involve storage or materials or inventory of any kind or which involve clients visiting the home occupation may not be conducted in the accessory dwelling unit. (4) Accessory dwelling units shall be located to the rear or side of the primary dwelling unit. The prohibition on accessory dwelling units in the front of the primary dwelling unit shall not be enforced if it is not possible to construct an accessory dwelling unit that is 800 square feet in size to the rear or side of the primary dwelling with a four foot setback from the rear and side yard property lines. (5) The accessory dwelling unit shall comply with all building codes and objective standards for accessory structures of the zone in which the lot is located, including, but not limited to parking, height, setbacks, landscaping and lot coverage, except as otherwise provided for in this section, and except for any minimum lot size requirements. Construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code unless the building official makes a written finding based on substantial evidence in the records that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.
(6) No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. (7) A setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimension as an existing structure.
(8) For purposes of calculating allowable density, an accessory dwelling unit is not counted as an additional unit. Accessory dwelling units are a residential use and deemed consistent with the residential general plan and zoning designations.
(9) All-weather access for emergency vehicles shall be provided to all accessory dwelling units as required by applicable building, safety, and fire codes.
(10) Fire sprinklers shall only be required in an accessory dwelling unit if they are also required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (11) An attached accessory dwelling unit or junior accessory dwelling unit that is within the existing space of an accessory structure may include an expansion of up to 150 square feet beyond the existing dimensions of the existing accessory structure to accommodate ingress and egress. (12) Attached accessory dwelling units, including junior accessory dwelling units, shall have independent exterior access from the primary residence.
(13) Attached and detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows:
a. A detached accessory dwelling unit may be up to 16 feet high even if the primary dwelling is less than 16 feet high.
b. A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, may be up to 18 feet high.
c. A detached accessory dwelling unit on a lot within ½ mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, may be up to 18 feet high. An additional 2 feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. d. An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories. 265

(14) Attached accessory dwelling units on lots with existing multi-family residential must be conversions of portions of the existing multi-family residential structure that is not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. (e) Parking.
(1) Except as provided in subsection (e)(3) below, off-street parking shall be required for the accessory dwelling unit in addition to any off-street parking requirements for the existing dwelling unit. One parking space shall be provided for each accessory dwelling unit. The required off-street parking for an accessory dwelling unit may be located in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (2) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or wholly or partially converted to an accessory dwelling unit, replacement off- street parking is not required to be provided. (3) No off-street parking shall be required for an accessory dwelling unit in the following instances. a. The accessory dwelling unit is located within one-half mile of an existing public transit stop. b. The accessory dwelling unit is located within an officially designated architectural and/or historic district.
c. The accessory dwelling unit is an attached accessory dwelling unit or a junior accessory dwelling unit.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a designated car share vehicle station located within one block of the accessory dwelling unit.
f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph (e)(3).
(f) Miscellaneous.
(1) Attached accessory dwelling units, including junior accessory dwelling units, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to a related connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed with a new single-family dwelling and is not a junior accessory dwelling unit. (2) No impact fees shall be imposed on accessory dwelling units less than 750 square feet. For accessory dwelling units 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
(3) No passageway shall be required in conjunction with the construction of a detached accessory dwelling unit.
(4) No accessory dwelling unit may later be considered a primary dwelling unit for any purpose. This provision shall not be construed to prohibit a property owner from eliminating an attached accessory dwelling unit and enlarging the primary residence to encompass the area that was formerly part of the accessory dwelling unit, provided that all development standards applicable to the primary residence are satisfied.
(5) The accessory dwelling unit and/or primary residence may be occupied by any person without rent or may be rented, except that if the lot contains a junior accessory dwelling unit then one of the units on 266

the lot must be owner-occupied. The rental of an accessory dwelling unit shall be for a term longer than 30 days.
(6) Except as otherwise provided in Government Code Section 66341, no ADU may be sold or otherwise conveyed separately from the primary residence. No junior accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence. (7) The city shall not require an applicant for an accessory dwelling unit permit to correct any existing physical improvements on the lot that do not conform with current zoning standards as a condition of the approval of an accessory dwelling unit permit.
(8) The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling unit.
(9) A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

Attached ADU Detached ADU Junior Dwelling Unit
ADU Permit Required Yes Yes Yes
Processing time 60 days if there is an existing primary dwelling; concurrent review if no existing primary dwelling
Size Lesser of 50% of Floor
Area of primary dwelling
unit or 850 square feet
for 1 bedroom or 1,000
square feet for 2
bedroom
850 square feet for 1
bedroom or 1,000 square
feet for 2 bedroom
500 square feet
Quantity (SFR) 1 1 1
Quantity (MFR) At least 1 per lot NTE 25%
of existing units
2 max N/A
Home Occupation No No No
All weather access Required Required Required
Setback (Min.) 4 feet (unless existing is
less than 4 feet)
4 feet N/A
Height (Max.) Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Parking 1 space/unit, with
exceptions
1 space/unit, with
exceptions
None
Exterior Access Required Required Required
Impact fees >750 square feet >750 square feet N/A
267
1 ORDINANCE NO. 2024-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.04.010 (ACCESSORY DWELLING

UNITS) OF THE EASTVALE MUNICIPAL CODE
WHEREAS, the City of Eastvale last updated its Accessory Dwelling Unit (“ADU”) regulations in 2020; and
WHEREAS, there have been several changes to State laws that govern local regulation of ADUs since the City last updated its local regulations; and WHEREAS, the City of Eastvale has been complying with the State ADU laws as amended, and the purpose of this Ordinance is to amend the City’s adopted regulations to be consistent with current State law requirements.

NOW, THEREFORE, THE Planning Commission OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. As required by Section 120.01.070(e) of the Eastvale Municipal Code, the City Council finds that the changes contained in this ordinance are consistent with the General Plan goals, policies, and implementation programs. Specifically, Housing Element Strategy HE-1G provides the City will encourage the construction of accessory dwelling units by amending the municipal code to be consistent with current state law.

SECTION 2. Amendment of Section 120.04.010. Section 120.04.010 (Accessory Dwelling Units) to the Eastvale Municipal Code is amended in its entirety and shall read as shown in Exhibit “A” to this Ordinance.

SECTION 3. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 5. City Clerk Action. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ORDAINED this __ day of ___________, 2024. 268
2 _______________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
________________________________________ _______________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
269
3 STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 24-__, was introduced at a regular meeting of the City Council of the City of Eastvale held on the __ day of ________, 2024, and was passed by the City Council of the City of Eastvale at a regular meeting held on the __ day of _________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
270
4 EXHIBIT “A”
Sec. 120.04.010. Accessory dwelling units.
(a) Intent. The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low- income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area. (b) Applicability.
(1) Except as provided in Government Code Section 66323, an accessory dwelling unit shall not be established without first obtaining an accessory dwelling unit permit from the city. An accessory dwelling unit permit application shall be approved ministerially by the community development director without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes. If the community development director denies an application for an accessory dwelling unit permit they shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied within the time frames below for approval or denial of the application. a. Existing developments. The permit application shall be acted on within 60 days from the date the city receives a completed application if there is an existing single-family or multi-family dwelling on the lot.
b. New developments. If the permit application is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the application shall be acted on concurrently with the building permit for the new single-family or multi-family dwelling. c. For accessory dwelling units and junior accessory dwelling units that meet the requirements of Government Code 66323(a), including but not limited to size, height, setback, and access, an applicant may apply for a building permit directly without the need for an accessory dwelling unit permit. Such accessory dwelling units and junior accessory dwelling units are exempt from the standards listed in subdivisions (d) and (e) but must comply with the requirements of Government Code 66323(a) and applicable building code.
(2) The applicant for an accessory dwelling unit permit must be the owner of the property on which the accessory dwelling unit will be located.
(3) For the purposes of meeting the city's applicable Regional Housing Needs Allocation (RHNA) as contained in the adopted housing element, accessory dwelling units may be reported as new production of housing units.
(4) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of an accessory dwelling unit permit under this section.
(c) Definitions.
(1) "Accessory dwelling unit" means an attached or detached residential dwelling which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory Structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) "Attached" accessory dwelling means a unit that is or will be attached to or located within the existing or proposed primary dwelling, including attached garages, storage areas or similar uses, or the 271
5 conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, including detached garages.
(4) "Detached" accessory dwelling unit means a unit that is or will be detached from the proposed or existing primary dwelling but is not a conversion of an existing detached accessory structure. (5) "Junior accessory dwelling unit" means an accessory dwelling unit that is no more than 500 square feet and contained entirely within a proposed or existing single-family residence. It may contain separate sanitation facilities or may share them with the primary dwelling. A junior accessory dwelling unit shall include an efficiency kitchen consisting of a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(6) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(8) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(d) Development standards. No accessory dwelling unit permit application shall be approved for an accessory dwelling unit unless it complies with the following requirements:
(1) The lot is within a single-family or multi-family residential zone and includes a proposed or existing single-family or multi-family primary dwelling.
a. One detached, new construction accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
b. One attached accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
c. One junior accessory dwelling unit may be permitted per lot with a proposed or existing single- family dwelling.
d. For accessory dwelling units on lots with existing or proposed multi-family dwellings:

1. At least one attached accessory dwelling units may be permitted per lot with existing multi- family residential. The total number of attached accessory dwelling units permitted on the lot shall not exceed 25 percent of the existing number of multi-family residential units on the lot.

2. Up to two detached accessory dwelling units are permitted per lot with existing or proposed multi-family residential.
(2) The total area of floor space of an attached or detached accessory dwelling unit the following:
a. 850 square feet if the accessory dwelling unit has one bedroom or less; or b. 1,000 square feet if the accessory dwelling unit has more than one bedroom.

Notwithstanding the foregoing, where there is an existing dwelling an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling’s floor area or the aforementioned square footages, whichever is less.
(3) Home occupations which involve storage or materials or inventory of any kind or which involve clients visiting the home occupation may not be conducted in the accessory dwelling unit. 272
6 (4) Accessory dwelling units shall be located to the rear or side of the primary dwelling unit. The prohibition on accessory dwelling units in the front of the primary dwelling unit shall not be enforced if it is not possible to construct an accessory dwelling unit that is 800 square feet in size to the rear or side of the primary dwelling with a four foot setback from the rear and side yard property lines. (5) The accessory dwelling unit shall comply with all building codes and objective standards for accessory structures of the zone in which the lot is located, including, but not limited to parking, height, setbacks, landscaping and lot coverage, except as otherwise provided for in this section, and except for any minimum lot size requirements. Construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code unless the building official makes a written finding based on substantial evidence in the records that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.
(6) No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. (7) A setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimension as an existing structure.
(8) For purposes of calculating allowable density, an accessory dwelling unit is not counted as an additional unit. Accessory dwelling units are a residential use and deemed consistent with the residential general plan and zoning designations.
(9) All-weather access for emergency vehicles shall be provided to all accessory dwelling units as required by applicable building, safety, and fire codes.
(10) Fire sprinklers shall only be required in an accessory dwelling unit if they are also required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (11) An attached accessory dwelling unit or junior accessory dwelling unit that is within the existing space of an accessory structure may include an expansion of up to 150 square feet beyond the existing dimensions of the existing accessory structure to accommodate ingress and egress. (12) Attached accessory dwelling units, including junior accessory dwelling units, shall have independent exterior access from the primary residence.
(13) Attached and detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows:
a. A detached accessory dwelling unit may be up to 16 feet high even if the primary dwelling is less than 16 feet high.
b. A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, may be up to 18 feet high.
c. A detached accessory dwelling unit on a lot within ½ mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, may be up to 18 feet high. An additional 2 feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. d. An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories. (14) Attached accessory dwelling units on lots with existing multi-family residential must be conversions of portions of the existing multi-family residential structure that is not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. (e) Parking.
273
7 (1) Except as provided in subsection (e)(3) below, off-street parking shall be required for the accessory dwelling unit in addition to any off-street parking requirements for the existing dwelling unit. One parking space shall be provided for each accessory dwelling unit. The required off-street parking for an accessory dwelling unit may be located in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. (2) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or wholly or partially converted to an accessory dwelling unit, replacement off- street parking is not required to be provided. (3) No off-street parking shall be required for an accessory dwelling unit in the following instances. a. The accessory dwelling unit is located within one-half mile of an existing public transit stop. b. The accessory dwelling unit is located within an officially designated architectural and/or historic district.
c. The accessory dwelling unit is an attached accessory dwelling unit or a junior accessory dwelling unit.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a designated car share vehicle station located within one block of the accessory dwelling unit.
f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph (e)(3).
(f) Miscellaneous.
(1) Attached accessory dwelling units, including junior accessory dwelling units, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to a related connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed with a new single-family dwelling and is not a junior accessory dwelling unit. (2) No impact fees shall be imposed on accessory dwelling units less than 750 square feet. For accessory dwelling units 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
(3) No passageway shall be required in conjunction with the construction of a detached accessory dwelling unit.
(4) No accessory dwelling unit may later be considered a primary dwelling unit for any purpose. This provision shall not be construed to prohibit a property owner from eliminating an attached accessory dwelling unit and enlarging the primary residence to encompass the area that was formerly part of the accessory dwelling unit, provided that all development standards applicable to the primary residence are satisfied.
(5) The accessory dwelling unit and/or primary residence may be occupied by any person without rent or may be rented, except that if the lot contains a junior accessory dwelling unit then one of the units on the lot must be owner-occupied. The rental of an accessory dwelling unit shall be for a term longer than 30 days.
(6) Except as otherwise provided in Government Code Section 66341, no ADU may be sold or otherwise conveyed separately from the primary residence. No junior accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence. 274
8 (7) The city shall not require an applicant for an accessory dwelling unit permit to correct any existing physical improvements on the lot that do not conform with current zoning standards as a condition of the approval of an accessory dwelling unit permit.
(8) The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling unit.
(9) A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time.

Attached ADU Detached ADU Junior Dwelling Unit
ADU Permit Required Yes Yes Yes
Processing time 60 days if there is an existing primary dwelling; concurrent review if no existing primary dwelling
Size Lesser of 50% of Floor
Area of primary dwelling
unit or 850 square feet
for 1 bedroom or 1,000
square feet for 2
bedroom
850 square feet for 1
bedroom or 1,000 square
feet for 2 bedroom
500 square feet
Quantity (SFR) 1 1 1
Quantity (MFR) At least 1 per lot NTE 25%
of existing units
2 max N/A
Home Occupation No No No
All weather access Required Required Required
Setback (Min.) 4 feet (unless existing is
less than 4 feet)
4 feet N/A
Height (Max.) Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Parking 1 space/unit, with
exceptions
1 space/unit, with
exceptions
None
Exterior Access Required Required Required
Impact fees >750 square feet >750 square feet N/A
275
PLN24-20054 ADU Amendment - Page 1 of 1
The Press-Enterprise
3512 14 Street
Riverside, California 92501
(951) 368-9229

CITY OF EASTVALE
12363 LIMONITE AVE , STE 910
MIRA LOMA, California 91752
Publication: The Press-Enterprise

PROOF OF PUBLICATION OF
Ad Desc: 0011689338
FILE NO. 0011689338

PROOF OF PUBLICATION
I am a citizen of the United States. I
am over the age of eighteen years and
not party to or interested in the above-
entitled matter. I am an authorized
representative of THE PRESS-
ENTERPRISE, a newspaper of general
circulation, printed and published daily
in the County of Riverside, and which
newspaper has been adjudicated a
newspaper of general circulation by the
Superior Court of the County of
Riverside, State of California, under
date of April 25, 1952, Case Number
54446, under date of March 29, 1957,
Case Number 65673, under date of
August 25, 1995, Case Number
267864, and under date of September
16, 2013, Case Number RIC 1309013;
that the notice, of which the annexed is
a printed copy, has been published in
said newspaper in accordance with the
instructions of the person(s) requesting
publication, and not in any supplement
thereof on the following dates, to wit:
09/01/2024
I certify (or declare) under the penalty
of perjury that the foregoing is true and
correct.

Date: September 1, 2024.

At: Riverside, California
______________________________
Signature
276

AGENDA STAFF REPORT

Planning Commission Meeting

PUBLIC HEARINGS

Agenda Item No. 8.2
July 17, 2024
PLN24-20054 - Amendment to Sec-on 120.04.010 of the Eastvale Municipal Code as it pertains to Accessory Dwelling Units Prepared By:

David Murray, City Planner
Recommended Action(s)
Staff recommends that the Planning Commission adopt a resoluon recommending that the City Council adopt a Zoning Ordinance Amendment of Secon 120.04.010 of the Eastvale Municipal Code to comply with state law.

Summary
The proposed ordinance would amend the City's regulaons related to Accessory Dwelling Units (ADUs) to comply with changes in state law since the last update to the Secon 120.04.010 of the Eastvale Municipal Code in 2020.

Background
Beginning in 2016, the California legislature began to pass a series of bills designed to encourage addional small-scale housing producon by requiring jurisdicons throughout the State to meet requirements that would alleviate restricons on residenal development. Over the subsequent eight years, there have been numerous addional bills that expanded the ability to construct Accessory and Junior Accessory Dwelling Units (ADUs and JADUs) on both single-family and mul- family properties.

During this me, the City of Eastvale made incremental changes to the Municipal Code to maintain compliance with the ever-changing state mandates. However, the last update to Secon 120.04.010 of the Eastvale Municipal Code occurred in April 2020. Since then, there have been changes in state law related to ADUs resulng in the City's Municipal Code being out of compliance and subject to 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
277
legal challenge. As such, staff is bringing forward a proposal to amend the code to bring it up to date with current legislation.

The proposed changes that reflect current state legislature are included as redline/strikeout text in Attachment 1
and include the following:

1 .

Clarificaons and addions to the definions secon including new definions for "Accessory Structure," "Detached Accessory Dwelling Unit," and "Objective Standards;" 2 .

Adjustment of maximum allowable ADU size from 1,200 square feet to the minimum size statutorily required (1,000 square feet);
3 .

Clarificaon to allow for ADUs in the front setback area when the condions of the property do not allow for the placement of an ADU of at least an 800 square feet in the side or rear yards;
4 .

Revisions to the language to limit heights of ADUs to 16 feet for single-family dwellings and up to 18 feet for multiple-family dwellings; and
5 .

Other clarifying changes as required.

The proposed changes are consistent with the General Plan goals, policies, and implementaon programs. Specifically, Housing Element Strategy HE-1G provides the City will encourage the construcon of accessory dwelling units by amending the Municipal Code to be consistent with current state law.

State law requires the City to submit a copy of its ADU ordinance to the California Department of Housing and Community Development (HCD) within 60 days aFer it is adopted. HCD will issue findings regarding compliance with State law. HCD has not issued formal guidance to date addressing how HCD interprets the new ADU laws to assist cies in draFing their new ordinances.

HCD may request additional revisions to the Ordinance after it completes its review.

Environmental
This Ordinance is exempt from the California Environmental Quality Act (CEQA) review under the general rule exempon. The ordinance ensures compliance with state law by updang the City's regulaons for consistency. The adopon if this amendment does not exceed what is statutorily allowed under exisng state law, and will not directly result in development or intensificaon of land use.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
There is no fiscal impact to the City associated with adopon of this Zoning Code Amendment, as staff me to prepare this report and draF ordinance is included in the 2023/24 FY Community Development Department budget.

Prior City Council/Commission Action
The City Council previously adopted Ordinances 2018-05 and 2020-03 to amend Secon 120.04.010 of the Eastvale Municipal Code.
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
278
Attachment(s)
Attachment 1 - Proposed Amendments - Redline.pdf

Attachment 2 - PC Resolution and Draft Ordinance.docx

Attachment 3 - Proof of Publication.pdf

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
279
Planning Commission Hearing July 17, 2024
Item 8.2: PLN24-20054
Replacement of Attachment 2
In response to a letter received from the housing advocacy group “CalHDF ” on July 15, 2024, staff has made the following change to Section (b)(1) of Exhibit ‘A ’ of the previously published Draft Ordinance attached to the Planning Commission Resolution as part of Attachment 2 of the staff report:
“(b) Applicability.
(1) Except as provided in Government Code Section 66323, Aan accessory dwelling unit shall not be established without first obtaining an accessory dwelling unit permit from the city. An accessory dwelling unit permit application shall be approved ministerially by the community development director without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes. If the community development director denies an application for an accessory dwelling unit permit they shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied within the time frames below for approval or denial of the application.”
This change was prepared in consultation with the City Attorney’s Office and is intended to refer back to state law for other provisions and allowances that may be afforded to property owners, while providing flexibility for compliance with any future legislative changes in state law.

Please refer to the below Replacement Attachment 2 (PC Resolution and Draft Ordinance) to the staff report.

Attachment:

1. Replacement Planning Commission Resolution and Draft Ordinance 280

1 RESOLUTION NO. 24-XX

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EASTVALE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE PLN24-20054, ADOPTING AN ORDINANCE AMENDING SECTION 120.04 .010 (ACCESSORY

DWELLING UNITS) TO THE EASTVALE MUNICIPAL CODE

WHEREAS, the City of Eastvale last updated its Accessory Dwelling Unit (“ADU”) regulations in 2020; and
WHEREAS, there have been several changes to State laws that govern local regulation of ADUs since the City last updated its local regulations; and
WHEREAS, the City of Eastvale has been complying with the State ADU laws as amended, and the purpose of this Ordinance is to amend the City’s adopted regulations to be consistent with current State law requirements.

WHEREAS, the proposed Municipal Code Amendment has been fully evaluated and considered with respect to the City’s General Plan; and

WHEREAS, the proposed ordinances is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of CEQA (commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the “State CEQA Guidelines”) because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a “project,” as defined in Section 15378 of the CEQA Guidelines.

WHEREAS, the Planning Commission conducted a duly noticed public hearing on July 17 , 2024, at which public testimony was received concerning the municipal code amendment; and

WHEREAS, on July 7, 2024, the City of Eastvale City Clerk published a legal notice concerning the municipal code amendment in the Press Enterprise, a local newspaper of general circulation, regarding the Planning Commission meeting on July 17, 2024, and the proposed ordinance.

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

SECTION 1. FINDINGS
As required by Section 120.01.070(e) of the Eastvale Municipal Code, the changes contained in this ordinance are consistent with the General Plan goals, policies, and implementation programs. Specifically, Housing Element Strategy HE-1G provides the City will encourage the construction of accessory dwelling units by amending the municipal code to be consistent with current state law.

SECTION 2. RECORD OF PROCEEDING
The documents and other materials that constitute the record of the proceedings upon which the Planning Commission’s decision is based, which include but are not limited to, the staff reports as well as 281
2 all materials that support the staff reports for the proposed project, are located in the Community Development Department 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, the Planning Commission of the City of Eastvale hereby recommends that the City Council approve PLN24-20054, amending section 120.04.010 (Accessory Dwelling Units), of the Eastvale Municipal Code.

PASSED, APPROVED AND ADOPTED this 17th day of July, 2024.

__________________________________________
Michael Rochelle
Chairman

APPROVED AS TO FORM: ATTEST:

__________________________________________ __________________________________________ Erica Vega Jessica Cooper
City Attorney Assistant City Clerk

282
3 STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE)

I, Jessica Cooper, Assistant City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Planning Commission Resolution No . 2 4-XX, was duly adopted by the Planning Commission of the City of Eastvale, California, at a meeting held on the 1 7th day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Jessica Cooper
Assistant City Clerk

283
4 Exhibit ‘A’

ORDINANCE NO. 2024-__

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.04.010 (ACCESSORY DWELLING

UNITS) TO THE EASTVALE MUNICIPAL CODE
WHEREAS, the City of Eastvale last updated its Accessory Dwelling Unit (“ADU”) regulations in 2020; and
WHEREAS, there have been several changes to State laws that govern local regulation of ADUs since the City last updated its local regulations; and WHEREAS, the City of Eastvale has been complying with the State ADU laws as amended, and the purpose of this Ordinance is to amend the City’s adopted regulations to be consistent with current State law requirements.

NOW, THEREFORE, THE Planning Commission OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings . As required by Section 120.01.070(e) of the Eastvale Municipal Code, the City Council finds that the changes contained in this ordinance are consistent with the General Plan goals, policies, and implementation programs. Specifically, Housing Element Strategy HE-1G provides the City will encourage the construction of accessory dwelling units by amending the municipal code to be consistent with current state law.

SECTION 2. Amendment of Section 120.04.010. Section 120.04.010 (Accessory Dwelling Units) to the Eastvale Municipal Code is amended in its entirety and shall read as shown in Exhibit “A” to this Ordinance.

SECTION 3. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date . This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 5. City Clerk Action . The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c). 284
5 PASSED, APPROVED AND ORDAINED this __ day of ___________, 2024.

_______________________________________
Christian Dinco
Mayor

APPROVED AS TO FORM: ATTEST:

________________________________________ _______________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director

285
6 STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk /Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 24- __, was introduced at a regular meeting of the City Council of the City of Eastvale held on the __ day of ________, 2024, and was passed by the City Council of the City of Eastvale at a regular meeting held on the __ day of _________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director

286
7 EXHIBIT “A”
Sec. 120.04.010. Accessory dwelling units.
(a) Intent. The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low- income and moderate-income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area. (b) Applicability.
(1) Except as provided in Government Code Section 66323, an accessory dwelling unit shall not be established without first obtaining an accessory dwelling unit permit from the city. An accessory dwelling unit permit application shall be approved ministerially by the community development director without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes. If the community development director denies an application for an accessory dwelling unit permit they shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied within the time frames below for approval or denial of the application. a. Existing developments. The permit application shall be acted on within 60 days from the date the city receives a completed application if there is an existing single-family or multi-family dwelling on the lot.
b. New developments. If the permit application is submitted with a permit application to create a new single-family or multi-family dwelling on the lot, the application shall be acted on concurrently with the building permit for the new single-family or multi-family dwelling. (2) The applicant for an accessory dwelling unit permit must be the owner of the property on which the accessory dwelling unit will be located.
(3) For the purposes of meeting the city's applicable Regional Housing Needs Allocation (RHNA) as contained in the adopted housing element, accessory dwelling units may be reported as new production of housing units.
(4) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of an accessory dwelling unit permit under this section.
(c) Definitions.
(1) "Accessory dwelling unit" means an attached or detached residential dwelling which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
(2) “Accessory Structure” means a structure that is accessory and incidental to a dwelling located on the same lot.
(3) "Attached" accessory dwelling means a unit that is or will be attached to or located within the existing or proposed primary dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, including detached garages.
(4) "Detached" accessory dwelling unit means a unit that is or will be detached from the proposed or existing primary dwelling but is not a conversion of an existing detached accessory structure. (5) "Junior accessory dwelling unit" means an accessory dwelling unit that is no more than 500 square feet and contained entirely within a proposed or existing single-family residence. It may contain separate sanitation facilities or may share them with the primary dwelling. A junior accessory dwelling unit shall 287
8 include an efficiency kitchen consisting of a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
(6) "Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
(7) “Objective standards” means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
(8) "Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.
(9) "Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
(d) Development standards. No accessory dwelling unit permit application shall be approved for an accessory dwelling unit unless it complies with the following requirements:
(1) The lot is within a single-family or multi-family residential zone and includes a proposed or existing single-family or multi-family primary dwelling.
a. One detached, new construction accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
b. One attached accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
c. One junior accessory dwelling unit may be permitted per lot with a proposed or existing single- family dwelling.
d. For accessory dwelling units on lots with existing or proposed multi-family dwellings:

1. At least one attached accessory dwelling units may be permitted per lot with existing multi- family residential. The total number of attached accessory dwelling units permitted on the lot shall not exceed 25 percent of the existing number of multi-family residential units on the lot.

2. Up to two detached accessory dwelling units are permitted per lot with existing or proposed multi-family residential.
(2) The total area of floor space of an attached or detached accessory dwelling unit the following:
a. 850 square feet if the accessory dwelling unit has one bedroom or less; or b. 1,000 square feet if the accessory dwelling unit has more than one bedroom.

Notwithstanding the foregoing, where there is an existing dwelling an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling’s floor area or the aforementioned square footages, whichever is less.
(3) Home occupations which involve storage or materials or inventory of any kind or which involve clients visiting the home occupation may not be conducted in the accessory dwelling unit. (4) Accessory dwelling units shall be located to the rear or side of the primary dwelling unit. The prohibition on accessory dwelling units in the front of the primary dwelling unit shall not be enforced if it is not possible to construct an accessory dwelling unit that is 800 square feet in size to the rear or side of the primary dwelling with a four foot setback from the rear and side yard property lines. (5) The accessory dwelling unit shall comply with all building codes and objective standards for accessory structures of the zone in which the lot is located, including, but not limited to parking, height, setbacks, landscaping and lot coverage, except as otherwise provided for in this section, and except for any 288
9 minimum lot size requirements. Construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code unless the building official makes a written finding based on substantial evidence in the records that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.
(6) No setback is required for an existing living area or accessory structure or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. (7) A setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimension as an existing structure.
(8) For purposes of calculating allowable density, an accessory dwelling unit is not counted as an additional unit. Accessory dwelling units are a residential use and deemed consistent with the residential general plan and zoning designations.
(9) All-weather access for emergency vehicles shall be provided to all accessory dwelling units as required by applicable building, safety, and fire codes.
(10) Fire sprinklers shall only be required in an accessory dwelling unit if they are also required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. (11) An attached accessory dwelling unit or junior accessory dwelling unit that is within the existing space of an accessory structure may include an expansion of up to 150 square feet beyond the existing dimensions of the existing accessory structure to accommodate ingress and egress. (12) Attached accessory dwelling units, including junior accessory dwelling units, shall have independent exterior access from the primary residence.
(13) Attached and detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows:
a. A detached accessory dwelling unit may be up to 16 feet high even if the primary dwelling is less than 16 feet high.
b. A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, may be up to 18 feet high.
c. A detached accessory dwelling unit on a lot within ½ mile of a major transit stop or a high-quality transit corridor, as those terms are defined in Public Resources Code Section 21155, may be up to 18 feet high. An additional 2 feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. d. An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories. (14) Attached accessory dwelling units on lots with existing multi-family residential must be conversions of portions of the existing multi-family residential structure that is not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. (e) Parking.
(1) Except as provided in subsection (e)(3) below, off-street parking shall be required for the accessory dwelling unit in addition to any off-street parking requirements for the existing dwelling unit. One parking space shall be provided for each accessory dwelling unit. The required off-street parking for an accessory dwelling unit may be located in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. 289
10 (2) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or wholly or partially converted to an accessory dwelling unit, replacement off- street parking is not required to be provided. (3) No off-street parking shall be required for an accessory dwelling unit in the following instances. a. The accessory dwelling unit is located within one-half mile of an existing public transit stop. b. The accessory dwelling unit is located within an officially designated architectural and/or historic district.
c. The accessory dwelling unit is an attached accessory dwelling unit or a junior accessory dwelling unit.
d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a designated car share vehicle station located within one block of the accessory dwelling unit.
f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph (e)(3).
(f) Miscellaneous.
(1) Attached accessory dwelling units, including junior accessory dwelling units, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to a related connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed with a new single-family dwelling and is not a junior accessory dwelling unit. (2) No impact fees shall be imposed on accessory dwelling units less than 750 square feet. For accessory dwelling units 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
(3) No passageway shall be required in conjunction with the construction of a detached accessory dwelling unit.
(4) No accessory dwelling unit may later be considered a primary dwelling unit for any purpose. This provision shall not be construed to prohibit a property owner from eliminating an attached accessory dwelling unit and enlarging the primary residence to encompass the area that was formerly part of the accessory dwelling unit, provided that all development standards applicable to the primary residence are satisfied.
(5) The accessory dwelling unit and/or primary residence may be occupied by any person without rent or may be rented, except that if the lot contains a junior accessory dwelling unit then one of the units on the lot must be owner-occupied. The rental of an accessory dwelling unit shall be for a term longer than 30 days.
(6) Except as otherwise provided in Government Code Section 66341, no ADU may be sold or otherwise conveyed separately from the primary residence. No junior accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence. (7) The city shall not require an applicant for an accessory dwelling unit permit to correct any existing physical improvements on the lot that do not conform with current zoning standards as a condition of the approval of an accessory dwelling unit permit.
(8) The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling unit.
(9) A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. 290
11 Attached ADU Detached ADU Junior Dwelling Unit
ADU Permit Required Yes Yes Yes
Processing time 60 days if there is an existing primary dwelling; concurrent review if no existing primary dwelling
Size Lesser of 50% of Floor
Area of primary dwelling
unit or 850 square feet
for 1 bedroom or 1,000
square feet for 2
bedroom
850 square feet for 1
bedroom or 1,000 square
feet for 2 bedroom
500 square feet
Quantity (SFR) 1 1 1
Quantity (MFR) At least 1 per lot NTE 25%
of existing units
2 max N/A
Home Occupation No No No
All weather access Required Required Required
Setback (Min.) 4 feet (unless existing is
less than 4 feet)
4 feet N/A
Height (Max.) Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Parking 1 space/unit, with
exceptions
1 space/unit, with
exceptions
None
Exterior Access Required Required Required
Impact fees >750 square feet >750 square feet N/A

291
RESOLUTION NO. 24-08

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF EASTVALE, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE PLN24-20054, ADOPTING AN ORDINANCE AMENDING SECTION 120.04.010 ( ACCESSORY

DWELLING UNITS) TO THE EASTVALE MUNICIPAL CODE
WHEREAS, the City of Eastvale last updated its Accessory Dwelling Unit (" ADU") regulations in 2020; and
WHEREAS, there have been several changes to State laws that govern local regulation of ADUs since the City last updated its local regulations; and
WHEREAS, the City of Eastvale has been complying with the State ADU laws as amended, and the purpose of this Ordinance is to amend the City's adopted regulations to be consistent with current State law requirements.

WHEREAS, the proposed Municipal Code Amendment has been fully evaluated and considered with respect to the City's General Plan; and
WHEREAS, the proposed ordinances is not subject to the California Environmental Quality Act CEQA") pursuant to Sections 15060(c)(2) and 15060(c)(3) of the State of California Guidelines for Implementation of CEQA ( commencing with Section 15000 of Title 14 of the California Code of Regulations; herein referred to as the " State CEQA Guidelines") because it will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not a " project," as defined in Section 15378 of the CEQA Guidelines.

WHEREAS, the Planning Commission conducted a duly noticed public hearing on July 17, 2024, at which public testimony was received concerning the municipal code amendment; and WHEREAS, on July 7, 2024, the City of Eastvale City Clerk published a legal notice concerning the municipal code amendment in the Press Enterprise, a local newspaper of general circulation, regarding the Planning Commission meeting on July 17, 2024, and the proposed ordinance.

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

SECTION 1. FINDINGS
As required by Section 120.01.070(e) of the Eastvale Municipal Code, the changes contained in this ordinance are consistent with the General Plan goals, policies, and implementation programs. Specifically, Housing Element Strategy HE - 1G provides the City will encourage the construction of accessory dwelling units by amending the municipal code to be consistent with current state law.

SECTION 2. RECORD OF PROCEEDING
The documents and other materials that constitute the record of the proceedings upon which the Planning Commission's decision is based, which include but are not limited to, the staff reports as well as 1 292
all materials that support the staff reports for the proposed project, are located in the Community Development Department 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, the Planning Commission of the City of Eastvale hereby recommends that the City Council approve PLN24-20054, amending section 120.04.010 ( Accessory Dwelling Units), of the Eastvale Municipal Code.

PASSED, APPROVED AND ADOPTED this 17th day of July 2024.

APPROVED AS TO FORM:
56A City Attorney
Mich ei"Rochelle
Chairman
ATTEST:

VS,.

Whitney Mayo
Deputy City Clerk
2 293

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )
I, Whitney Mayo, Deputy City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Planning Commission Resolution No. 24-08, was duly adopted by the Planning Commission of the City of Eastvale, California, at a meeting held on the 17th day of July 2024, by the following vote:

AYES: Commissioners Rodriguez-Plott, Lomeli, Vice - Chair Lee, and Chair Rochelle NOES:

ABSENT: Commissioner Hove
ABSTAIN:
r
Whitney Mayo
Deputy City Clerk
3 294
Exhibit ' A'
ORDINANCE NO. 2024 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING SECTION 120.04.010 ( ACCESSORY DWELLING

UNITS) TO THE EASTVALE MUNICIPAL CODE
WHEREAS, the City of Eastvale last updated its Accessory Dwelling Unit (" ADU") regulations in 2020; and
WHEREAS, there have been several changes to State laws that govern local regulation of ADUs since the City last updated its local regulations; and WHEREAS, the City of Eastvale has been complying with the State ADU laws as amended, and the purpose of this Ordinance is to amend the City's adopted regulations to be consistent with current State law requirements.

NOW, THEREFORE, THE Planning Commission OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:

SECTION 1. Findings. As required by Section 120.01.070(e) of the Eastvale Municipal Code, the City Council finds that the changes contained in this ordinance are consistent with the General Plan goals, policies, and implementation programs. Specifically, Housing Element Strategy HE - 1G provides the City will encourage the construction of accessory dwelling units by amending the municipal code to be consistent with current state law.

SECTION 2. Amendment of Section 120.04.010. Section 120.04.010 ( Accessory Dwelling Units) to the Eastvale Municipal Code is amended in its entirety and shall read as shown in Exhibit A" to this Ordinance.

SECTION 3. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date. This ordinance shall take effect thirty ( 30) days after its passage by the City Council.

SECTION 5. City Clerk Action. The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen ( 15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c). 4 295
PASSED, APPROVED AND ORDAINED this _ day of , 2024.

Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:

Erica L. Vega
City Attorney
Marc A. Donohue, MMC
City Clerk/Communications Director
5 296

STATE OF CALIFORNIA)

COUNTY OF RIVERSIDE

CITY OF EASTVALE )
I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 24 was introduced at a regular meeting of the City Council of the City of Eastvale held on the _ day of , 2024, and was passed by the City Council of the City of Eastvale at a regular meeting held on the _ day of 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Marc A. Donohue, MMC
City Clerk/Communications Director
6 297
EXHIBIT " A"
Sec. 120.04.010. Accessory dwelling units.
a) intent. The intent of this section is to regulate accessory dwelling units in residential zoning districts consistent with state law. Implementation of this section is intended to expand housing opportunities for low- income and moderate - income or elderly households by increasing the number of rental units available within existing neighborhoods while maintaining the primarily single-family residential character of the area. b) Applicability.
1) Except as provided in Government Code Section 66323, an accessory dwelling unit shall not be established without first obtaining an accessory dwelling unit permit from the city. An accessory dwelling unit permit application shall be approved ministerially by the community development director without discretionary review if it meets the definitions and criteria listed in this section and all other applicable zoning, building and health and safety codes. If the community development director denies an application for an accessory dwelling unit permit they shall provide a full set of comments to the applicant with a list of deficiencies and a description of how they can be remedied within the time frames below for approval or denial of the application. a. Existing developments. The permit application shall be acted on within 60 days from the date the city receives a completed application if there is an existing single-family or multi - family dwelling on the lot.
b. New developments. If the permit application is submitted with a permit application to create a new single-family or multi - family dwelling on the lot, the application shall be acted on concurrently with the building permit for the new single-family or multi - family dwelling. 2) The applicant for an accessory dwelling unit permit must be the owner of the property on which the accessory dwelling unit will be located.
3) For the purposes of meeting the city's applicable Regional Housing Needs Allocation ( RHNA) as contained in the adopted housing element, accessory dwelling units may be reported as new production of housing units.
4) No other local ordinance, policy, or regulation shall be the basis for the delay or denial of an accessory dwelling unit permit under this section.
c) Definitions.
1) " Accessory dwelling unit" means an attached or detached residential dwelling which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi - family dwelling is or will be situated. An accessory dwelling unit also includes the following: an efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, and a manufactured home, as defined in Section 18007 of the Health and Safety Code.
2) " Accessory Structure" means a structure that is accessory and incidental to a dwelling located on the same lot.
3) " Attached" accessory dwelling means a unit that is or will be attached to or located within the existing or proposed primary dwelling, including attached garages, storage areas or similar uses, or the conversion of an existing accessory structure that is detached from the proposed or existing primary dwelling, including detached garages.
4) " Detached" accessory dwelling unit means a unit that is or will be detached from the proposed or existing primary dwelling but is not a conversion of an existing detached accessory structure. 5) " Junior accessory dwelling unit" means an accessory dwelling unit that is no more than 500 square feet and contained entirely within a proposed or existing single-family residence. It may contain separate sanitation facilities or may share them with the primary dwelling. A junior accessory dwelling unit shall 7 298
include an efficiency kitchen consisting of a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
6) " Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
7) " Objective standards" means standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.
8) " Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the accessory dwelling unit.

Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.
9)
d) Development standards. No accessory dwelling unit permit application shall be approved for an accessory dwelling unit unless it complies with the following requirements:
1) The lot is within a single-family or multi - family residential zone and includes a proposed or existing single-family or multi - family primary dwelling.
a. One detached, new construction accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
b. One attached accessory dwelling unit may be permitted per lot with a proposed or existing single-family dwelling.
c. One junior accessory dwelling unit may be permitted per lot with a proposed or existing single- family dwelling.
d. For accessory dwelling units on lots with existing or proposed multi - family dwellings:

1. At least one attached accessory dwelling unit may be permitted per lot with existing multi- family residential. The total number of attached accessory dwelling units permitted on the lot shall not exceed 25 percent of the existing number of multi - family residential units on the lot.

2. Up to two detached accessory dwelling units are permitted per lot with existing or proposed multi - family residential.
2) The total area of floor space of an attached or detached accessory dwelling unit the following:
a. 850 square feet if the accessory dwelling unit has one bedroom or less; or b. 1,000 square feet if the accessory dwelling unit has more than one bedroom.

Notwithstanding the foregoing, where there is an existing dwelling an attached accessory dwelling unit shall not exceed 50% of the existing primary dwelling's floor area or the aforementioned square footages, whichever is less.
3) Home occupations which involve storage or materials or inventory of any kind or which involve clients visiting the home occupation may not be conducted in the accessory dwelling unit. 4) Accessory dwelling units shall be located to the rear or side of the primary dwelling unit. The prohibition on accessory dwelling units in the front of the primary dwelling unit shall not be enforced if it is not possible to construct an accessory dwelling unit that is 800 square feet in size to the rear or side of the primary dwelling with a four - foot setback from the rear and side yard property lines. 5) The accessory dwelling unit shall comply with all building codes and objective standards for accessory structures of the zone in which the lot is located, including, but not limited to parking, height, setbacks, landscaping and lot coverage, except as otherwise provided for in this section, and except for any 8 299
minimum lot size requirements. Construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code unless the building official makes a written finding based on substantial evidence in the records that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety.
6) No setback is required for an existing living area or accessory structure, or a structure constructed in the same location and to the same dimensions as an existing structure that is converted to an accessory dwelling unit or to a portion of an accessory dwelling unit. 7) A setback of four feet from the side and rear lot lines shall be required for an accessory dwelling unit that is not converted from an existing structure or a new structure constructed in the same location and to the same dimension as an existing structure.
8) For purposes of calculating allowable density, an accessory dwelling unit is not counted as an additional unit. Accessory dwelling units are a residential use and deemed consistent with the residential general plan and zoning designations.
9) All-weather access for emergency vehicles shall be provided to all accessory dwelling units as required by applicable building, safety, and fire codes.
10) Fire sprinklers shall only be required in an accessory dwelling unit if they are also required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. 11) An attached accessory dwelling unit or junior accessory dwelling unit that is within the existing space of an accessory structure may include an expansion of up to 150 square feet beyond the existing dimensions of the existing accessory structure to accommodate ingress and egress. 12) Attached accessory dwelling units, including junior accessory dwelling units, shall have independent exterior access from the primary residence.
13) Attached and detached accessory dwelling units shall not exceed the height of the primary dwelling unit, except as follows:
a. A detached accessory dwelling unit may be up to 16 feet high even if the primary dwelling is less than 16 feet high.
b. A detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling, may be up to 18 feet high.
c. A detached accessory dwelling unit on a lot within %: mile of a major transit stop or a high -quality transit corridor, as those terms are defined in Public Resources Code Section 21155, may be up to 18 feet high. An additional 2 feet in height shall also be allowed to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. d. An attached accessory dwelling unit shall not exceed the height limitation that applies to the primary dwelling unit or 25 feet, whichever is lower. This clause shall not be construed to permit an attached accessory dwelling unit to exceed two stories. 14) Attached accessory dwelling units on lots with existing multi - family residential must be conversions of portions of the existing multi - family residential structure that is not used as livable space, including but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages. e) Parking.
1) Except as provided in subsection ( e)(3) below, off-street parking shall be required for the accessory dwelling unit in addition to any off-street parking requirements for the existing dwelling unit. One parking space shall be provided for each accessory dwelling unit. The required off-street parking for an accessory dwelling unit may be located in setback areas or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions. 9 300
2) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or wholly or partially converted to an accessory dwelling unit, replacement off- street parking is not required to be provided. 3) No off-street parking shall be required for an accessory dwelling unit in the following instances. a. The accessory dwelling unit is located within one-half mile of an existing public transit stop. b. The accessory dwelling unit is located within an officially designated architectural and/or historic district.
c. The accessory dwelling unit is an attached accessory dwelling unit or a junior accessory dwelling unit.
d. When on - street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a designated car share vehicle station located within one block of the accessory dwelling unit.
f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this paragraph e)(3).
f) Miscellaneous.
1) Attached accessory dwelling units, including junior accessory dwelling units, shall not be required to install a new or separate utility connection directly between the accessory dwelling unit and the utility, or be subject to a related connection fees or capacity charges for utilities, unless the accessory dwelling unit is constructed with a new single-family dwelling and is not a junior accessory dwelling unit. 2) No impact fees shall be imposed on accessory dwelling units less than 750 square feet. For accessory dwelling units 750 square feet or larger, impact fees shall be charged proportionately in relation to the square footage of the primary dwelling.
3) No passageway shall be required in conjunction with the construction of a detached accessory dwelling unit.
4) No accessory dwelling unit may later be considered a primary dwelling unit for any purpose. This provision shall not be construed to prohibit a property owner from eliminating an attached accessory dwelling unit and enlarging the primary residence to encompass the area that was formerly part of the accessory dwelling unit, provided that all development standards applicable to the primary residence are satisfied.
5) The accessory dwelling unit and/or primary residence may be occupied by any person without rent or may be rented, except that if the lot contains a junior accessory dwelling unit then one of the units on the lot must be owner - occupied. The rental of an accessory dwelling unit shall be for a term longer than 30 days.
6) Except as otherwise provided in Government Code Section 66341, no ADU may be sold or otherwise conveyed separately from the primary residence. No junior accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence. 7) The city shall not require an applicant for an accessory dwelling unit permit to correct any existing physical improvements on the lot that do not conform with current zoning standards as a condition of the approval of an accessory dwelling unit permit.
8) The city shall not issue a certificate of occupancy for an accessory dwelling unit before a certificate of occupancy is issued for the primary dwelling unit.
9) A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit shall be reviewed with the application for the accessory dwelling unit and issued at the same time. 10 301
Attached ADU Detached ADU Junior Dwelling Unit
ADU Permit Required Yes Yes Yes
Processing time 60 days if there is an existing primary dwelling; concurrent review if no existing primary dwelling
Size Lesser of 50% of Floor
Area of primary dwelling
unit or 850 square feet
for 1 bedroom or 1,000
square feet for 2
bedroom
850 square feet for 1
bedroom or 1,000 square
feet for 2 bedroom
500 square feet
Quantity ( SFR) 1 1 1
Quantity ( MFR) At least 1 per lot NTE 25%
of existing units
2 max N/A
Home Occupation No No No
All weather access Required Required Required
Setback ( Min.) 4 feet ( unless existing is
less than 4 feet)
4 feet N/A
Height (Max.) Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Height allowed per zone,
with exceptions.

Parking 1 space/unit, with
exceptions
1 space/unit, with
exceptions
None
Exterior Access Required Required Required
Impact fees 750 square feet 750 square feet N/A
11 302

AGENDA STAFF REPORT

City Council Meeting

CITY COUNCIL BUSINESS

Agenda Item No. 13.1
September 11, 2024
Introduc+on of Ordinance Prohibi+ng Camping and Storage of Personal Property in Public Places
Prepared By:

Erica Vega, City Attorney
Recommended Action(s)
Staff recommends that the City Council introduce and waive reading of an Ordinance, en tled:

AN
ORDINANCE OF THE CITY OF EASTVALE ADDING CHAPTER 8.10 TO THE EASTVALE MUNICIPAL CODE

PROHIBITING CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES Summary
The proposed ordinance adds a new chapter to the Municipal Code that prohibits camping and the storage of personal property in public places. The ordinance also prohibits camping and storing personal property on privately owned property without the property owner's advanced consent.

Individuals viola
ng the Ordinance may be cited provided that they are first no fied by the City that
their conduct violates the Code.

Any property property stored in a public place, including camping paraphernalia, may be removed by the City a5er a 48-hour no
ce is posted. Property may be removed immediately if it presents an immediate threat to the public health or safety. Property removed will be stored for up to 60 days to provide the individual the opportunity to reclaim their belongings.

Background
"An
-camping" ordinances such as the proposed ordinance have been the subject of li ga
on for
many years. In 2018, the Ninth Circuit Court of Appeals held in Martin v. City of Boise
that the City of
Boise's an
-camping ordinance could not be criminally enforced unless there were adequate shelter beds available within the City to serve the individuals the City sought to cite for viola ng the City's 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
303
an
-camping ordinance. In June of this year, the United States Supreme Court overruled the Boise case in
City of Grants Pass v. Johnson
, opening the door to criminal enforcement of an
-camping
ordinances once again. In light of the
Grants Pass
decision, City staff is recommending that the City
Council adopt an an
-camping ordinance to provide the City with an addi
onal tool to address
homelessness.

Environmental
The proposed Ordinance is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline 15061(b)(3) as it can be seen with certainty that the proposed ordinance will not create any significant environmental impacts. The ordinance preserves public places for their intended uses and creates an enforcement mechanism to ensure that those places are preserved.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
None.

Prior City Council/Commission Action
None.

Attachment(s)
Attachment 1 - Proposed Ordinance

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
304
4886-5008-7902 v1
ORDINANCE NO. 24-___
AN ORDINANCE OF THE CITY OF EASTVALE ADDING CHAPTER 8.10

TO THE EASTVALE MUNICIPAL CODE PROHIBITING CAMPING AND

STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES
WHEREAS, the City of Eastvale is committed to protecting the life, health, and safety of its residents and all people within the geographical boundaries of the City; and WHEREAS, public places within the city should be readily accessible and available to residents and the public at large; and
WHEREAS, use of public places for camping purposes may interfere with the rights of others to use the areas for their ordinary uses and can constitute a public health and safety hazard; and
WHEREAS, the City Council desires that the City maintain public places within the city in a clean, sanitary and accessible condition and to adequately protect the health, safety and public welfare of the community; and
WHEREAS, the City Council further desires to ensure that that individuals are provided with due process, including notice and opportunity to relocate their personal property from public places, and ample opportunity to reclaim personal effects seized and stored.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE ORDAINS AS FOLLOWS:

Section 1. Amendment of Code. Chapter 8.10 is added to the Eastvale Municipal Code to read as shown in Exhibit “A” hereto and incorporated herein by reference.

Section 2. 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 3. Effective Date. This Ordinance shall take effect thirty (30) days after passage by the City Council. Increases in compensation shall take effect upon commencement of a new term of office by any Council Member.

Section 4. 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 305
4886-5008-7902 v1
pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ORDAINED this __ day of ___________, 2024. __________________________________________
Christian Dinco
Mayor
APPROVED AS TO FORM: ATTEST:
__________________________________________ __________________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk/Communications Director
306
4886-5008-7902 v1

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE ) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk/Communications Director of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 24-__, was introduced at a regular meeting of the City Council of the City of Eastvale held on the __ day of ________, 2024, and was passed by the City Council of the City of Eastvale at a regular meeting held on the __ day of _________, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________________
Marc A. Donohue, MMC
City Clerk/Communications Director
307
4886-5008-7902 v1
EXHIBIT “A”
Chapter 8.10 CAMPING AND STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES

8.10.010 Purpose.

The use of public places for camping and storage of personal property interferes with the rights of the public to use such areas in the manner in which they were intended. The purpose of this chapter is to ensure that public places are readily accessible to the public in a safe and unobstructed manner.

8.10.020 Definitions.

As used in this chapter, the following words and phrases have the meaning set forth in this section:
"Camp" or "camping" means the use of public places for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for sleeping or doing any digging or earth breaking or carrying on cooking activities. These activities constitute camping when it reasonably appears, in light of all the circumstances, that a person, in conducting these activities, is in fact using the area as a living accommodation regardless of his or her intent, or the nature of any other activities in which he or she might also be engaged. "Camp paraphernalia" includes, but is not limited to, tents, huts, pillows, tarps, cots, beds, sleeping bags, hammocks, personal cooking facilities or other similar equipment or materials that are used to create temporary shelters and accommodations.
"Dwelling" or "living quarters" means any vehicle or temporary shelter used as a person's place of residence or occupancy in place of a traditional building structure. “Enforcement officer” means any law enforcement officer or city employee with obligations to enforce the Eastvale Municipal Code, including, but not limited to, code enforcement personnel, building official or their designees, and Riverside County Sheriff deputy.
"Personal effects" means personal property consisting of the following items:

1. Medication, eye glasses, or other medical devices;

2. Sleeping bag or bed roll, provided it is non-verminous and does not pose a health or safety threat;

3. Tents in usable and reasonably good condition; and

4. Clothes and other personal property that are non-verminous and do not pose a health or safety threat. "Public place" means any public property, improved or unimproved, including but not limited to parks, outdoor recreation areas, public parking lots, publicly owned drainage culverts and basins, and publicly maintained landscaped areas. "Public place" also includes any public right-of-way, and includes any public streets, sidewalks, alleyways, or passageways that are open to vehicular, bicycle or pedestrian traffic. "Store" or "storage" means to put aside or accumulate for later use or safekeeping, to place or leave in a location.
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8.10.030 Camping and storage of personal property prohibited.

A. No person may camp on a public place.

B. No person may store unattended personal property, including camp paraphernalia, in any public place.

C. No person may use any car, trailer, camper, recreational vehicle, or mobile-home as a dwelling or as living quarters to camp on any public place between sunset and sunrise.

D. No person may camp or store unattended personal property, including camp paraphernalia, on any privately owned property to the extent that such camping or storage was not authorized in advance by the property owner, or despite advance authorization, is otherwise deemed a public nuisance.

E. No person will be cited under this chapter unless the person engages in conduct prohibited by this chapter after having been notified by an enforcement officer that the conduct violates this chapter.

8.10.040 Exceptions.

A. Nothing in this section will prevent the city from abating a condition created by such camping or storage of personal property that presents an immediate threat to the public health or safety.

B. Nothing in this chapter may be construed to prohibit camping or the storage of unattended personal property pursuant to a valid permit, license, or other approval issued under federal, state or local law, or as otherwise expressly permitted in another part of this code.

8.10.050 Property removal.

A. An enforcement officer may remove personal property unlawfully stored or found in a public place as follows:

1. The location of any personal property including camping paraphernalia, will be tagged and dated with a notice including the following:
"It is illegal to store personal property in public places. If this personal property is not removed by (specify date at least forty-eight hours from posting), this personal property will be deemed intentionally abandoned and subject to removal and possible destruction."

2. The officer may remove any personal property still unlawfully stored or remaining in the public place after the posting period has expired.

B. If the unlawful camping or storage of personal property in a public place presents an immediate threat to the public health or safety, an enforcement officer may immediately remove the personal property without prior notice.

8.10.060 Personal effects.

A. At the time of removal of any unlawfully stored or remaining personal effects, the enforcement officer must conspicuously post and date a notice either at the exact location from which the personal effects were removed or at another nearby location giving the following information:

1. A list of personal effects removed;

2. A telephone number for information on retrieving personal effects;

3. The address and hours of operation where personal effects may be collected; and

4. The period of time during which the personal effects may be claimed.

B. Following removal of unlawfully stored or remaining personal effects, an enforcement officer must:
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4886-5008-7902 v1

1. Maintain an inventory identifying the personal effects; where the personal effects were approximately located; and the reasonable value of each item;

2. Place the removed personal effects in containers labeled in a manner facilitating identification by the officer and owner and which reasonably protect such property from damage or theft; and

3. Store the removed personal effects in a location designated by the city for a period of sixty days.

C. If personal effects are claimed within sixty days from removal, unless the property is connected to a crime or is illegal to possess, the city will release the stored property to the owner upon the following:

1. The person claiming ownership identifies the property and approximate location where the property was left by the owner.

8.10.070 Disposition of property.

A. Unlawfully stored or found personal effects removed from a public place and remaining unclaimed at the end of sixty days from removal may be disposed of by the city.

B. All other unlawfully stored or found personal property removed from a public place pursuant to this chapter is deemed intentionally abandoned and may be summarily abated and destroyed.

8.10.080 Violation a misdemeanor
In addition to any other remedies provided by law, any violation of the provisions of this chapter shall be a misdemeanor punishable by a fine not to exceed $1,000.00 or six months in jail, or both. Any person who violates the provisions of this chapter is subject to a suit for injunction as well as prosecution for the criminal violation. 310