Agenda packet — Eastvale City Council, April 23, 2025 (part 6 of 6)

1233
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13

ANALYTICAL REPORT FOR SAMPLES
Sample ID Laboratory ID Matrix Date Sampled Date Received SVB1-1 J240797-001 Soil 03/25/2024 07:25 03/25/2024 13:30 SVB2-1 J240797-003 Soil 03/25/2024 08:00 03/25/2024 13:30 SVB3-1 J240797-005 Soil 03/25/2024 08:30 03/25/2024 13:30 HA01-1 J240797-007 Soil 03/25/2024 07:15 03/25/2024 13:30 HA02-1 J240797-009 Soil 03/25/2024 08:20 03/25/2024 13:30 HA03-1 J240797-011 Soil 03/25/2024 08:45 03/25/2024 13:30 HA04-1 J240797-013 Soil 03/25/2024 08:40 03/25/2024 13:30 HA05-1 J240797-015 Soil 03/25/2024 08:55 03/25/2024 13:30 HA06-1 J240797-017 Soil 03/25/2024 09:05 03/25/2024 13:30 HA07-1 J240797-019 Soil 03/25/2024 09:10 03/25/2024 13:30 HA08-1 J240797-021 Soil 03/25/2024 09:30 03/25/2024 13:30 HA09-1 J240797-023 Soil 03/25/2024 09:30 03/25/2024 13:30 HA10-1 J240797-025 Soil 03/25/2024 09:25 03/25/2024 13:30 HA11-1 J240797-027 Soil 03/25/2024 09:40 03/25/2024 13:30 HA12-1 J240797-029 Soil 03/25/2024 09:45 03/25/2024 13:30 The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 2 of 33 ends

1234
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13

DETECTIONS SUMMARY
Sample ID: SVB1-1 Laboratory ID: J240797-001
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 4.2 0.5 mg/kg EPA 6010
Sample ID: SVB2-1 Laboratory ID: J240797-003
Analyte Result
Reporting
Limit Units Method Notes
Arsenic, As 5.5 5.0 mg/kg EPA 6010
Lead, Pb 8.6 0.5 mg/kg EPA 6010
Sample ID: SVB3-1 Laboratory ID: J240797-005
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 6.6 0.5 mg/kg EPA 6010
Sample ID: HA01-1 Laboratory ID: J240797-007
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 5.3 0.5 mg/kg EPA 6010
Sample ID: HA02-1 Laboratory ID: J240797-009
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 2.4 0.5 mg/kg EPA 6010
Sample ID: HA03-1 Laboratory ID: J240797-011
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 8.1 0.5 mg/kg EPA 6010
Sample ID: HA04-1 Laboratory ID: J240797-013
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 3.8 0.5 mg/kg EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 3 of 33 ends

1235
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13

DETECTIONS SUMMARY
Sample ID: HA05-1 Laboratory ID: J240797-015
Analyte Result
Reporting
Limit Units Method Notes
Arsenic, As 5.0 5.0 mg/kg EPA 6010
Lead, Pb 6.9 0.5 mg/kg EPA 6010
4,4'-DDE 17.3 10.0 µg/kg EPA 8081
Sample ID: HA06-1 Laboratory ID: J240797-017
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 2.0 0.5 mg/kg EPA 6010
Sample ID: HA07-1 Laboratory ID: J240797-019
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 4.7 0.5 mg/kg EPA 6010
Sample ID: HA08-1 Laboratory ID: J240797-021
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 3.1 0.5 mg/kg EPA 6010
Sample ID: HA09-1 Laboratory ID: J240797-023
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 3.4 0.5 mg/kg EPA 6010
Sample ID: HA10-1 Laboratory ID: J240797-025
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 4.3 0.5 mg/kg EPA 6010
Sample ID: HA11-1 Laboratory ID: J240797-027
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 3.3 0.5 mg/kg EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 4 of 33 ends

1236
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13

DETECTIONS SUMMARY
Sample ID: HA12-1 Laboratory ID: J240797-029
Analyte Result
Reporting
Limit Units Method Notes
Lead, Pb 4.1 0.5 mg/kg EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 5 of 33 ends

1237
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
SVB1-1
J240797-001(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 67.74 % 30 - 135
Surrogate: Decachlorobiphenyl 73.93 % 30 - 135
Lead by EPA 6010
Lead, Pb 4.2 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 6 of 33 ends

1238
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
SVB2-1
J240797-003(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As 5.5 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010 Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 73.43 % 30 - 135
Surrogate: Decachlorobiphenyl 82.03 % 30 - 135
Lead by EPA 6010
Lead, Pb 8.6 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 7 of 33 ends

1239
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
SVB3-1
J240797-005(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 78.58 % 30 - 135
Surrogate: Decachlorobiphenyl 88.36 % 30 - 135
Lead by EPA 6010
Lead, Pb 6.6 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 8 of 33 ends

1240
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA01-1
J240797-007(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 109.01 % 30 - 135
Surrogate: Decachlorobiphenyl 117.95 % 30 - 135
Lead by EPA 6010
Lead, Pb 5.3 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 9 of 33 ends

1241
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA02-1
J240797-009(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 106.70 % 30 - 135
Surrogate: Decachlorobiphenyl 114.62 % 30 - 135
Lead by EPA 6010
Lead, Pb 2.4 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 10 of 33 ends

1242
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA03-1
J240797-011(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 69.77 % 30 - 135
Surrogate: Decachlorobiphenyl 81.80 % 30 - 135
Lead by EPA 6010
Lead, Pb 8.1 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 11 of 33 ends

1243
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA04-1
J240797-013(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 75.80 % 30 - 135
Surrogate: Decachlorobiphenyl 90.29 % 30 - 135
Lead by EPA 6010
Lead, Pb 3.8 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 12 of 33 ends

1244
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA05-1
J240797-015(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As 5.0 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010 Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE 17.3 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 89.80 % 30 - 135
Surrogate: Decachlorobiphenyl 101.97 % 30 - 135
Lead by EPA 6010
Lead, Pb 6.9 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 13 of 33 ends

1245
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA06-1
J240797-017(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 72.01 % 30 - 135
Surrogate: Decachlorobiphenyl 82.83 % 30 - 135
Lead by EPA 6010
Lead, Pb 2.0 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 14 of 33 ends

1246
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA07-1
J240797-019(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 112.86 % 30 - 135
Surrogate: Decachlorobiphenyl 117.04 % 30 - 135
Lead by EPA 6010
Lead, Pb 4.7 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 15 of 33 ends

1247
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA08-1
J240797-021(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 91.76 % 30 - 135
Surrogate: Decachlorobiphenyl 96.74 % 30 - 135
Lead by EPA 6010
Lead, Pb 3.1 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 16 of 33 ends

1248
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA09-1
J240797-023(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 104.65 % 30 - 135
Surrogate: Decachlorobiphenyl 119.01 % 30 - 135
Lead by EPA 6010
Lead, Pb 3.4 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 17 of 33 ends

1249
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA10-1
J240797-025(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 111.16 % 30 - 135
Surrogate: Decachlorobiphenyl 121.63 % 30 - 135
Lead by EPA 6010
Lead, Pb 4.3 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 18 of 33 ends

1250
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA11-1
J240797-027(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 119.77 % 30 - 135
Surrogate: Decachlorobiphenyl 127.30 % 30 - 135
Lead by EPA 6010
Lead, Pb 3.3 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 19 of 33 ends

1251
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
HA12-1
J240797-029(Soil)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Arsenic by EPA 6010
Arsenic, As ND 5.0 mg/kg 1 QC2403545 03/27/24 EPA 6010
Chlorinated Pesticides by GC/ECD by EPA 8081
alpha-BHC ND 10.0 µg/kg 1 QC2404006 03/27/24 EPA 8081
beta-BHC ND 10.0 µg/kg " " " "
gamma-BHC (Lindane) ND 10.0 µg/kg " " " "
Heptachlor ND 10.0 µg/kg " " " "
delta-BHC ND 10.0 µg/kg " " " "
Aldrin ND 10.0 µg/kg " " " "
Heptachlor epoxide ND 10.0 µg/kg " " " "
gamma-Chlordane ND 10.0 µg/kg " " " "
alpha-Chlordane ND 10.0 µg/kg " " " "
Endosulfan I ND 10.0 µg/kg " " " "
4,4'-DDE ND 10.0 µg/kg " " " "
Dieldrin ND 10.0 µg/kg " " " "
Endrin ND 10.0 µg/kg " " " "
4,4'-DDD ND 10.0 µg/kg " " " "
Endosulfan II ND 10.0 µg/kg " " " "
4,4'-DDT ND 10.0 µg/kg " " " "
Endrin aldehyde ND 10.0 µg/kg " " " "
Endosulfan sulfate ND 10.0 µg/kg " " " "
Methoxychlor ND 20.0 µg/kg " " " "
Endrin ketone ND 10.0 µg/kg " " " "
Toxaphene ND 20.0 µg/kg " " " "
Technical Chlordane ND 20.0 µg/kg " " " "
Surrogate: TCMX 111.15 % 30 - 135
Surrogate: Decachlorobiphenyl 130.33 % 30 - 135
Lead by EPA 6010
Lead, Pb 4.1 0.5 mg/kg 1 QC2403546 03/27/24 EPA 6010
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 20 of 33 ends

1252
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
Arsenic by EPA 6010 - Quality Control
Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403545 - EPA 6010
CCV 1
Arsenic, As 0.9 5.0 % 1 94 90 - 110 110
LCS 1
Arsenic, As 181 5.0 % 200 90 80 - 120
LCSD 1
Arsenic, As 181 5.0 % 200 90 80 - 120 0.11 120
Method Blank 1
Arsenic, As ND 5.0 mg/kg
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 21 of 33 ends

1253
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
Lead by EPA 6010 - Quality Control
Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403546 - EPA 6010
CCV 1
Lead, Pb 1.0 0.5 % 1 97 90 - 110 110
LCS 1
Lead, Pb 50.2 0.5 % 50 100 80 - 120
LCSD 1
Lead, Pb 50.4 0.5 % 50 101 80 - 120 0.30 120
Method Blank 1
Lead, Pb ND 0.5 mg/kg
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 22 of 33 ends

1254
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
Chlorinated Pesticides by GC/ECD by EPA 8081 - Quality Control Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2404006 - EPA 8081
CCV 1
alpha-BHC 58.4 10.0 % 50 117 80 - 120 120
Heptachlor 59.5 10.0 % 50 119 80 - 120 120
Aldrin 59.2 10.0 % 50 118 80 - 120 120
Heptachlor epoxide 59.5 10.0 % 50 119 80 - 120 120
gamma-Chlordane 57.4 10.0 % 50 115 80 - 120 120
Endosulfan I 58.9 10.0 % 50 118 80 - 120 120
4,4'-DDE 111 10.0 % 100 111 80 - 120 120
Dieldrin 120 10.0 % 100 120 80 - 120 120
Endrin 119 10.0 % 100 119 80 - 120 120
4,4'-DDD 109 10.0 % 100 109 80 - 120 120
Endosulfan II 119 10.0 % 100 119 80 - 120 120
4,4'-DDT 110 10.0 % 100 110 80 - 120 120
Endrin ketone 111 10.0 % 100 111 80 - 120 120
LCS 1
alpha-BHC 115 10.0 % 100 115 60 - 140
Heptachlor 121 10.0 % 100 121 60 - 140
Aldrin 120 10.0 % 100 120 60 - 140
Heptachlor epoxide 128 10.0 % 100 128 60 - 140
gamma-Chlordane 117 10.0 % 100 117 60 - 140
Endosulfan I 122 10.0 % 100 122 60 - 140
4,4'-DDE 116 10.0 % 100 116 60 - 140
Dieldrin 134 10.0 % 100 134 60 - 140
Endrin 121 10.0 % 100 121 60 - 140
4,4'-DDD 124 10.0 % 100 124 60 - 140
Endosulfan II 119 10.0 % 100 119 60 - 140
4,4'-DDT 111 10.0 % 100 111 60 - 140
Endrin ketone 123 10.0 % 100 123 60 - 140
Surrogate: TCMX 126.51 % 30 - 135
Surrogate: Decachlorobiphenyl 126.11 % 30 - 135
LCSD 1
alpha-BHC 113 10.0 % 100 113 60 - 140 1.39 140
Heptachlor 121 10.0 % 100 121 60 - 140 0.27 140
Aldrin 119 10.0 % 100 119 60 - 140 0.27 140
Heptachlor epoxide 127 10.0 % 100 127 60 - 140 1.00 140 gamma-Chlordane 116 10.0 % 100 116 60 - 140 0.91 140
Endosulfan I 119 10.0 % 100 119 60 - 140 2.93 140
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 23 of 33 ends

1255
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
Chlorinated Pesticides by GC/ECD by EPA 8081 - Quality Control Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2404006 - EPA 8081
LCSD 1
4,4'-DDE 115 10.0 % 100 115 60 - 140 0.64 140
Dieldrin 134 10.0 % 100 134 60 - 140 0.54 140
Endrin 118 10.0 % 100 118 60 - 140 2.91 140
4,4'-DDD 125 10.0 % 100 125 60 - 140 0.82 140
Endosulfan II 123 10.0 % 100 123 60 - 140 3.44 140
4,4'-DDT 111 10.0 % 100 111 60 - 140 0.02 140
Endrin ketone 122 10.0 % 100 122 60 - 140 0.87 140
Surrogate: TCMX 127.72 % 30 - 135
Surrogate: Decachlorobiphenyl 126.60 % 30 - 135
Method Blank 1
alpha-BHC ND 10.0 µg/kg
beta-BHC ND 10.0 µg/kg
gamma-BHC (Lindane) ND 10.0 µg/kg
Heptachlor ND 10.0 µg/kg
delta-BHC ND 10.0 µg/kg
Aldrin ND 10.0 µg/kg
Heptachlor epoxide ND 10.0 µg/kg
gamma-Chlordane ND 10.0 µg/kg
alpha-Chlordane ND 10.0 µg/kg
Endosulfan I ND 10.0 µg/kg
4,4'-DDE ND 10.0 µg/kg
Dieldrin ND 10.0 µg/kg
Endrin ND 10.0 µg/kg
4,4'-DDD ND 10.0 µg/kg
Endosulfan II ND 10.0 µg/kg
4,4'-DDT ND 10.0 µg/kg
Endrin aldehyde ND 10.0 µg/kg
Endosulfan sulfate ND 10.0 µg/kg
Methoxychlor ND 20.0 µg/kg
Endrin ketone ND 10.0 µg/kg
Toxaphene ND 20.0 µg/kg
Technical Chlordane ND 20.0 µg/kg
Surrogate: TCMX 134.04 % 30 - 135
Surrogate: Decachlorobiphenyl 127.04 % 30 - 135
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 24 of 33 ends

1256
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Warmington Eastvale
Reported
04/02/24 17:13
Notes and Definitions
Analyte NOT DETECTED at or above the reporting limit
Relative Percent Difference
ND
RPD
E Estimated Concentration; concentration exceeds calibration ra LCC Leak Check Compound
MDL Compound Reported to Method Detection Limit
1 Recovery outside of acceptable limits. LCS/LCSD recoveries and %RSD were within QC limits, therefore data was accepted.

SMS Sample matrix prevented adequate surrogate recovery.

J Value less then PQL but greater than MDL.

HHSR High hydrocarbon concentration in this sample prevented adequate surrogate recovery.

F Sample was filtered in the lab before extraction.

HHSR High hydrocarbon concentration in this sample prevented adequate surrogate recovery.

HHTAR High hydrocarbon concentration prevented in-range recovery of target analytes.

IHRPD Target analyte recoveries were outside of range but accepted due to passing RPDs AROL Target analyte recovery exceeded recovery range but was accepted due to ND of that analyte in MB and sample(s).

ISO-H Isomers could not be sufficiently chromatographically resolved according to method requirements due to hydrocarbon interference or other matrix effects. The isomers' reported individual concentrations were each calculated as the average of each of the individual isomers' concentrations.
2 Recovery outside of acceptable limits for either LCS or LCSD. CCV and LCS or LCSD recoveries were within limits; therefore data was accepted.
3 RPD outside of acceptable limits. Target analyte recoveries were within QC limits; therefore, data was accepted. 4 LCS and/or LCSD recoveries exceeded acceptability ranges. Target analyte recoveries were accepted due to passing CCV, inrange LCS/LCSD RPDs, and a clean MB in which all target analytes were < RL.

The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 25 of 33 ends

1257

Page 26 of 33 ends

1258

Page 27 of 33 ends

1259

Page 28 of 33 ends

1260
Login Report
Customer Name: Stantec Consulting Order ID: J240797
Purchase Order:

Project ID: Warmington Eastvale
Comment:

Order Date: 3/25/2024
Sample #: J240797-001 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: SVB1-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
7:25 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-003 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: SVB2-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
8:00 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-005 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: SVB3-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
8:30 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024

Page 29 of 33 ends

1261
Customer Name: Stantec Consulting Order ID: J240797
Purchase Order:

Project ID: Warmington Eastvale
Comment:

Order Date: 3/25/2024
Sample #: J240797-007 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA01-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
7:15 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-009 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA02-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
8:20 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-011 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA03-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
8:45 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-013 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA04-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
8:40 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024

Page 30 of 33 ends

1262
Customer Name: Stantec Consulting Order ID: J240797
Purchase Order:

Project ID: Warmington Eastvale
Comment:

Order Date: 3/25/2024
Sample #: J240797-015 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA05-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
8:55 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-017 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA06-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
9:05 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-019 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA07-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
9:10 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-021 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA08-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
9:30 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024

Page 31 of 33 ends

1263
Customer Name: Stantec Consulting Order ID: J240797
Purchase Order:

Project ID: Warmington Eastvale
Comment:

Order Date: 3/25/2024
Sample #: J240797-023 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA09-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
9:30 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-025 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA10-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
9:25 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-027 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA11-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
9:40 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024
Sample #: J240797-029 Site:

Date Collected: 03/25/24
Date Received: 03/25/24
Customer Sample #: HA12-1
Comment:

Collector:

Quantity: 1 Matrix: Soil
Recv'd:

Test Test Group Method Due Date Priority
9:45 AM
1:30 PM
Arsenic, As EPA 6010 4/3/2024
Lead, Pb EPA 6010 4/2/2024
OCPs EPA 8081 4/2/2024

Page 32 of 33 ends

1264
Customer Name: Stantec Consulting Order ID: J240797
Purchase Order:

Project ID: Warmington Eastvale
Comment:

Order Date: 3/25/2024

SAMPLE CONDITION RECORD

1. Are the samples within correct temperature criteria? (0 - 6°C) No

2. If not within temp. criteria, were samples received on ice? Yes

3. If not within temp. criteria, were samples received chilled on same day of sampling? Yes

4. Is the Chain of Custody (COC) received filled out completely? Yes

5. Does the total number of containers received match COC? Yes

6. Are the sample container label(s) consistent with COC? Yes

7. Are the sample container(s) intact and in good condition? Yes

8. Were the proper containers & sufficient volume for analyses requested on COC? Yes

9. Was the proper preservative indicated on COC/container for analyses requested? Yes

10. Are the containers for volatile analysis free of headspace? (EPA 8260 water) N/A EDF Requested N/A

Page 33 of 33 ends

1265
Logo
02 April 2024
Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Re: Phase I/II ESA
Enclosed are the results of analyses for samples received by the laboratory on 03/27/24. If you have any questions concerning this report, please feel free to contact me.

Sincerely,
Colby Wakeman
Lab Director

Page 1 of 19 ends

1266
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36

ANALYTICAL REPORT FOR SAMPLES
Sample ID Laboratory ID Matrix Date Sampled Date Received SVB-1 J240814-001 Soil Gas 03/27/2024 07:49 03/27/2024 09:40 SVB-2 J240814-002 Soil Gas 03/27/2024 08:04 03/27/2024 09:40 SVB-3 J240814-003 Soil Gas 03/27/2024 08:22 03/27/2024 09:40 The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 2 of 19 ends

1267
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36

DETECTIONS SUMMARY
Sample ID: SVB-1 Laboratory ID: J240814-001
Analyte Result
Reporting
Limit Units Method Notes
Carbon Dioxide 1.32 0.0750 % ASTM D1946
Nitrogen 81.7 0.242 % ASTM D1946
Oxygen 17.2 0.100 % ASTM D1946
Chloroform 9 4 µg/m3 EPA 8260
o-Xylene 4 4 µg/m3 EPA 8260
Sample ID: SVB-2 Laboratory ID: J240814-002
Analyte Result
Reporting
Limit Units Method Notes
Carbon Dioxide 0.990 0.0750 % ASTM D1946
Nitrogen 82.1 0.242 % ASTM D1946
Oxygen 17.2 0.100 % ASTM D1946
Benzene 5 3 µg/m3 EPA 8260
Ethylbenzene 16 4 µg/m3 EPA 8260
Freon 12 8 8 µg/m3 EPA 8260
m,p-Xylene 89 8 µg/m3 EPA 8260
o-Xylene 32 4 µg/m3 EPA 8260
Tetrachloroethene 9 4 µg/m3 EPA 8260
Toluene 11 4 µg/m3 EPA 8260
Sample ID: SVB-3 Laboratory ID: J240814-003
Analyte Result
Reporting
Limit Units Method Notes
Carbon Dioxide 3.72 0.0750 % ASTM D1946
Nitrogen 84.1 0.242 % ASTM D1946
Oxygen 12.7 0.100 % ASTM D1946
Freon 12 10 8 µg/m3 EPA 8260
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 3 of 19 ends

1268
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
SVB-1
J240814-001(Soil Gas)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Fixed Gases by ASTM D1946
Carbon Dioxide 1.32 0.0750 % 1 QC2403537 ASTM D1946
Oxygen 17.2 0.100 % " " "
Nitrogen 81.7 0.242 % " " "
Methane ND 0.0225 % " " "
Carbon Monoxide ND 0.0350 % " " "
Volatile Organic Compounds by EPA 8260
Benzene ND 3 µg/m3 1 QC2403522 03/27/24 EPA 8260
Bromodichloromethane ND 4 µg/m3 " " " "
Bromoform ND 4 µg/m3 " " " "
n-Butylbenzene ND 6 µg/m3 " " " "
sec-Butylbenzene ND 6 µg/m3 " " " "
tert-Butylbenzene ND 6 µg/m3 " " " "
Carbon tetrachloride ND 4 µg/m3 " " " "
Chlorobenzene ND 4 µg/m3 " " " "
Chloroform 9 4 µg/m3 " " " "
Dibromochloromethane ND 4 µg/m3 " " " "
1,2-Dibromoethane (EDB) ND 4 µg/m3 " " " "
1,2-Dichlorobenzene ND 8 µg/m3 " " " "
1,3-Dichlorobenzene ND 8 µg/m3 " " " "
1,4-Dichlorobenzene ND 8 µg/m3 " " " "
Freon 12 ND 8 µg/m3 " " " "
Freon 11 ND 8 µg/m3 " " " "
Freon 113 ND 8 µg/m3 " " " "
1,1-Dichloroethane ND 4 µg/m3 " " " "
1,2-Dichloroethane ND 4 µg/m3 " " " "
1,1-Dichloroethene ND 4 µg/m3 " " " "
cis-1,2-Dichloroethene ND 4 µg/m3 " " " "
trans-1,2-Dichloroethene ND 4 µg/m3 " " " "
Ethylbenzene ND 4 µg/m3 " " " "
Isopropylbenzene ND 4 µg/m3 " " " "
4-Isopropyltoluene ND 4 µg/m3 " " " "
Methylene chloride ND 4 µg/m3 " " " "
Naphthalene ND 20 µg/m3 " " " "
n-Propylbenzene ND 4 µg/m3 " " " "
Styrene ND 4 µg/m3 " " " "
1,1,1,2-Tetrachloroethane ND 4 µg/m3 " " " "
1,1,2,2-Tetrachloroethane ND 8 µg/m3 " " " "
Tetrachloroethene ND 4 µg/m3 " " " "
Toluene ND 4 µg/m3 " " " "
1,1,1-Trichloroethane ND 4 µg/m3 " " " "
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 4 of 19 ends

1269
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
SVB-1
J240814-001(Soil Gas)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Volatile Organic Compounds by EPA 8260
1,1,2-Trichloroethane ND 4 µg/m3 1 QC2403522 03/27/24 EPA 8260 Trichloroethene ND 4 µg/m3 " " " "
1,2,4-Trimethylbenzene ND 4 µg/m3 " " " "
1,3,5-Trimethylbenzene ND 4 µg/m3 " " " "
Vinyl chloride ND 4 µg/m3 " " " "
m,p-Xylene ND 8 µg/m3 " " " "
o-Xylene 4 4 µg/m3 " " " "
Methyl-tert-butylether ND 20 µg/m3 " " " "
Ethyl-tert-butylether ND 20 µg/m3 " " " "
Di-isopropylether ND 20 µg/m3 " " " "
tert-amylmethylether ND 20 µg/m3 " " " "
tert-Butylalcohol ND 200 µg/m3 " " " "
n-Hexane (LCC) ND 40 µg/m3 " " " "
n-Pentane (LCC) ND 40 µg/m3 " " " "
Surrogate: Toluene-d8 93.19 % 60 - 140
Surrogate: Dibromofluoromethane 105.41 % 60 - 140
Surrogate: 4-Bromofluorobenzene 100.28 % 60 - 140
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 5 of 19 ends

Acetone (LCC) ND 40 µg/m3 " " " "
1270
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
SVB-2
J240814-002(Soil Gas)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Fixed Gases by ASTM D1946
Carbon Dioxide 0.990 0.0750 % 1 QC2403537 ASTM D1946
Oxygen 17.2 0.100 % " " "
Nitrogen 82.1 0.242 % " " "
Methane ND 0.0225 % " " "
Carbon Monoxide ND 0.0350 % " " "
Volatile Organic Compounds by EPA 8260
Benzene 5 3 µg/m3 1 QC2403522 03/27/24 EPA 8260
Bromodichloromethane ND 4 µg/m3 " " " "
Bromoform ND 4 µg/m3 " " " "
n-Butylbenzene ND 6 µg/m3 " " " "
sec-Butylbenzene ND 6 µg/m3 " " " "
tert-Butylbenzene ND 6 µg/m3 " " " "
Carbon tetrachloride ND 4 µg/m3 " " " "
Chlorobenzene ND 4 µg/m3 " " " "
Chloroform ND 4 µg/m3 " " " "
Dibromochloromethane ND 4 µg/m3 " " " "
1,2-Dibromoethane (EDB) ND 4 µg/m3 " " " "
1,2-Dichlorobenzene ND 8 µg/m3 " " " "
1,3-Dichlorobenzene ND 8 µg/m3 " " " "
1,4-Dichlorobenzene ND 8 µg/m3 " " " "
Freon 12 8 8 µg/m3 " " " "
Freon 11 ND 8 µg/m3 " " " "
Freon 113 ND 8 µg/m3 " " " "
1,1-Dichloroethane ND 4 µg/m3 " " " "
1,2-Dichloroethane ND 4 µg/m3 " " " "
1,1-Dichloroethene ND 4 µg/m3 " " " "
cis-1,2-Dichloroethene ND 4 µg/m3 " " " "
trans-1,2-Dichloroethene ND 4 µg/m3 " " " "
Ethylbenzene 16 4 µg/m3 " " " "
Isopropylbenzene ND 4 µg/m3 " " " "
4-Isopropyltoluene ND 4 µg/m3 " " " "
Methylene chloride ND 4 µg/m3 " " " "
Naphthalene ND 20 µg/m3 " " " "
n-Propylbenzene ND 4 µg/m3 " " " "
Styrene ND 4 µg/m3 " " " "
1,1,1,2-Tetrachloroethane ND 4 µg/m3 " " " "
1,1,2,2-Tetrachloroethane ND 8 µg/m3 " " " "
Tetrachloroethene 9 4 µg/m3 " " " "
Toluene 11 4 µg/m3 " " " "
1,1,1-Trichloroethane ND 4 µg/m3 " " " "
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 6 of 19 ends

1271
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
SVB-2
J240814-002(Soil Gas)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Volatile Organic Compounds by EPA 8260
1,1,2-Trichloroethane ND 4 µg/m3 1 QC2403522 03/27/24 EPA 8260 Trichloroethene ND 4 µg/m3 " " " "
1,2,4-Trimethylbenzene ND 4 µg/m3 " " " "
1,3,5-Trimethylbenzene ND 4 µg/m3 " " " "
Vinyl chloride ND 4 µg/m3 " " " "
m,p-Xylene 89 8 µg/m3 " " " "
o-Xylene 32 4 µg/m3 " " " "
Methyl-tert-butylether ND 20 µg/m3 " " " "
Ethyl-tert-butylether ND 20 µg/m3 " " " "
Di-isopropylether ND 20 µg/m3 " " " "
tert-amylmethylether ND 20 µg/m3 " " " "
tert-Butylalcohol ND 200 µg/m3 " " " "
n-Hexane (LCC) ND 40 µg/m3 " " " "
n-Pentane (LCC) ND 40 µg/m3 " " " "
Surrogate: Toluene-d8 94.04 % 60 - 140
Surrogate: Dibromofluoromethane 99.05 % 60 - 140
Surrogate: 4-Bromofluorobenzene 98.44 % 60 - 140
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 7 of 19 ends

Acetone (LCC) ND 40 µg/m3 " " " "
1272
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
SVB-3
J240814-003(Soil Gas)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Fixed Gases by ASTM D1946
Carbon Dioxide 3.72 0.0750 % 1 QC2403537 ASTM D1946
Oxygen 12.7 0.100 % " " "
Nitrogen 84.1 0.242 % " " "
Methane ND 0.0225 % " " "
Carbon Monoxide ND 0.0350 % " " "
Volatile Organic Compounds by EPA 8260
Benzene ND 3 µg/m3 1 QC2403522 03/27/24 EPA 8260
Bromodichloromethane ND 4 µg/m3 " " " "
Bromoform ND 4 µg/m3 " " " "
n-Butylbenzene ND 6 µg/m3 " " " "
sec-Butylbenzene ND 6 µg/m3 " " " "
tert-Butylbenzene ND 6 µg/m3 " " " "
Carbon tetrachloride ND 4 µg/m3 " " " "
Chlorobenzene ND 4 µg/m3 " " " "
Chloroform ND 4 µg/m3 " " " "
Dibromochloromethane ND 4 µg/m3 " " " "
1,2-Dibromoethane (EDB) ND 4 µg/m3 " " " "
1,2-Dichlorobenzene ND 8 µg/m3 " " " "
1,3-Dichlorobenzene ND 8 µg/m3 " " " "
1,4-Dichlorobenzene ND 8 µg/m3 " " " "
Freon 12 10 8 µg/m3 " " " "
Freon 11 ND 8 µg/m3 " " " "
Freon 113 ND 8 µg/m3 " " " "
1,1-Dichloroethane ND 4 µg/m3 " " " "
1,2-Dichloroethane ND 4 µg/m3 " " " "
1,1-Dichloroethene ND 4 µg/m3 " " " "
cis-1,2-Dichloroethene ND 4 µg/m3 " " " "
trans-1,2-Dichloroethene ND 4 µg/m3 " " " "
Ethylbenzene ND 4 µg/m3 " " " "
Isopropylbenzene ND 4 µg/m3 " " " "
4-Isopropyltoluene ND 4 µg/m3 " " " "
Methylene chloride ND 4 µg/m3 " " " "
Naphthalene ND 20 µg/m3 " " " "
n-Propylbenzene ND 4 µg/m3 " " " "
Styrene ND 4 µg/m3 " " " "
1,1,1,2-Tetrachloroethane ND 4 µg/m3 " " " "
1,1,2,2-Tetrachloroethane ND 8 µg/m3 " " " "
Tetrachloroethene ND 4 µg/m3 " " " "
Toluene ND 4 µg/m3 " " " "
1,1,1-Trichloroethane ND 4 µg/m3 " " " "
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 8 of 19 ends

1273
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
SVB-3
J240814-003(Soil Gas)
Analyte Result Reporting Limit Units Dilution Batch Analyzed Method Notes Volatile Organic Compounds by EPA 8260
1,1,2-Trichloroethane ND 4 µg/m3 1 QC2403522 03/27/24 EPA 8260 Trichloroethene ND 4 µg/m3 " " " "
1,2,4-Trimethylbenzene ND 4 µg/m3 " " " "
1,3,5-Trimethylbenzene ND 4 µg/m3 " " " "
Vinyl chloride ND 4 µg/m3 " " " "
m,p-Xylene ND 8 µg/m3 " " " "
o-Xylene ND 4 µg/m3 " " " "
Methyl-tert-butylether ND 20 µg/m3 " " " "
Ethyl-tert-butylether ND 20 µg/m3 " " " "
Di-isopropylether ND 20 µg/m3 " " " "
tert-amylmethylether ND 20 µg/m3 " " " "
tert-Butylalcohol ND 200 µg/m3 " " " "
n-Hexane (LCC) ND 40 µg/m3 " " " "
n-Pentane (LCC) ND 40 µg/m3 " " " "
Surrogate: Toluene-d8 92.59 % 60 - 140
Surrogate: Dibromofluoromethane 103.83 % 60 - 140
Surrogate: 4-Bromofluorobenzene 97.17 % 60 - 140
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 9 of 19 ends

Acetone (LCC) ND 40 µg/m3 " " " "
1274
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
Fixed Gases by ASTM D1946 - Quality Control
Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403537 - ASTM D1946
LCS 1
Carbon Dioxide 7.70 0.0750 % 7.5 103 80 - 120
Oxygen 10.4 0.100 % 10 104 80 - 120
Nitrogen 25.1 0.242 % 24.25 104 80 - 120
Methane 1.99 0.0225 % 2.25 88 80 - 120
Carbon Monoxide 3.68 0.0350 % 3.5 105 80 - 120
LCSD 1
Carbon Dioxide 7.80 0.0750 % 7.5 104 80 - 120 1.29 120
Oxygen 10.4 0.100 % 10 104 80 - 120 0.10 120
Nitrogen 25.1 0.242 % 24.25 104 80 - 120 0.00 120
Methane 1.92 0.0225 % 2.25 85 80 - 120 3.58 120
Carbon Monoxide 3.69 0.0350 % 3.5 105 80 - 120 0.27 120 Method Blank 1
Carbon Dioxide ND 0.0750 %
Oxygen 19.8 0.100 %
Nitrogen 80.3 0.242 %
Methane ND 0.0225 %
Carbon Monoxide ND 0.0350 %
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 10 of 19 ends

1275
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
Volatile Organic Compounds by EPA 8260 - Quality Control Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403522 - EPA 8260
CCV 1
Benzene 10 4 % 10 98 80 - 120 120
Chlorobenzene 10 4 % 10 103 80 - 120 120
1,1-Dichloroethene 11 4 % 10 113 80 - 120 120
cis-1,2-Dichloroethene 10 4 % 10 101 80 - 120 120
Ethylbenzene 9 4 % 10 93 80 - 120 120
Tetrachloroethene 10 4 % 10 104 80 - 120 120
Toluene 10 4 % 10 101 80 - 120 120
1,1,1-Trichloroethane 10 4 % 10 103 80 - 120 120
Trichloroethene 10 4 % 10 105 80 - 120 120
1,2,4-Trimethylbenzene 9 4 % 10 93 80 - 120 120
Vinyl chloride 10 4 % 10 99 80 - 120 120
LCS 1
Benzene 2.74 4 % 2.5 110 70 - 130
Chlorobenzene 2.77 4 % 2.5 111 70 - 130
1,1-Dichloroethene 3.24 4 % 2.5 130 60 - 140
cis-1,2-Dichloroethene 2.88 4 % 2.5 115 70 - 130
Ethylbenzene 2.23 4 % 2.5 89 70 - 130
Tetrachloroethene 2.97 4 % 2.5 119 70 - 130
Toluene 2.82 4 % 2.5 113 70 - 130
1,1,1-Trichloroethane 2.85 4 % 2.5 114 70 - 130
Trichloroethene 3.12 4 % 2.5 125 70 - 130
1,2,4-Trimethylbenzene 2.09 4 % 2.5 84 70 - 130
Vinyl chloride 3.14 4 % 2.5 126 60 - 140
Surrogate: Toluene-d8 97.82 % 60 - 140
Surrogate: Dibromofluoromethane 103.61 % 60 - 140
Surrogate: 4-Bromofluorobenzene 103.04 % 60 - 140
LCSD 1
Benzene 2.99 4 % 2.5 120 70 - 130 8.69 130
Chlorobenzene 3.00 4 % 2.5 120 70 - 130 7.92 130
1,1-Dichloroethene 3.44 4 % 2.5 138 60 - 140 6.16 140
cis-1,2-Dichloroethene 2.90 4 % 2.5 116 70 - 130 0.86 130 Ethylbenzene 2.49 4 % 2.5 100 70 - 130 10.90 130
Tetrachloroethene 2.93 4 % 2.5 117 70 - 130 1.59 130
Toluene 2.89 4 % 2.5 115 70 - 130 2.17 130
1,1,1-Trichloroethane 2.99 4 % 2.5 120 70 - 130 4.65 130 Trichloroethene 3.20 4 % 2.5 128 70 - 130 2.37 130
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 11 of 19 ends

1276
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
Volatile Organic Compounds by EPA 8260 - Quality Control Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403522 - EPA 8260
LCSD 1
1,2,4-Trimethylbenzene 2.21 4 % 2.5 88 70 - 130 5.62 130 Vinyl chloride 3.20 4 % 2.5 128 60 - 140 1.85 140
Surrogate: Toluene-d8 97.05 % 60 - 140
Surrogate: Dibromofluoromethane 103.62 % 60 - 140
Surrogate: 4-Bromofluorobenzene 102.76 % 60 - 140
Method Blank 1
Benzene ND 4 µg/m3
Bromodichloromethane ND 4 µg/m3
Bromoform ND 4 µg/m3
n-Butylbenzene ND 6 µg/m3
sec-Butylbenzene ND 6 µg/m3
tert-Butylbenzene ND 6 µg/m3
Carbon tetrachloride ND 4 µg/m3
Chlorobenzene ND 4 µg/m3
Chloroform ND 4 µg/m3
Dibromochloromethane ND 4 µg/m3
1,2-Dibromoethane (EDB) ND 4 µg/m3
1,2-Dichlorobenzene ND 8 µg/m3
1,3-Dichlorobenzene ND 8 µg/m3
1,4-Dichlorobenzene ND 8 µg/m3
Freon 12 ND 8 µg/m3
Freon 11 ND 8 µg/m3
Freon 113 ND 8 µg/m3
1,1-Dichloroethane ND 4 µg/m3
1,2-Dichloroethane ND 4 µg/m3
1,1-Dichloroethene ND 4 µg/m3
cis-1,2-Dichloroethene ND 4 µg/m3
trans-1,2-Dichloroethene ND 4 µg/m3
Ethylbenzene ND 4 µg/m3
Isopropylbenzene ND 4 µg/m3
4-Isopropyltoluene ND 4 µg/m3
Methylene chloride ND 4 µg/m3
Naphthalene ND 20 µg/m3
n-Propylbenzene ND 4 µg/m3
Styrene ND 4 µg/m3
1,1,1,2-Tetrachloroethane ND 4 µg/m3
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 12 of 19 ends

1277
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
Volatile Organic Compounds by EPA 8260 - Quality Control Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403522 - EPA 8260
Method Blank 1
1,1,2,2-Tetrachloroethane ND 8 µg/m3
Tetrachloroethene ND 4 µg/m3
Toluene ND 4 µg/m3
1,1,1-Trichloroethane ND 4 µg/m3
1,1,2-Trichloroethane ND 4 µg/m3
Trichloroethene ND 4 µg/m3
1,2,4-Trimethylbenzene ND 4 µg/m3
1,3,5-Trimethylbenzene ND 4 µg/m3
Vinyl chloride ND 4 µg/m3
m,p-Xylene ND 8 µg/m3
o-Xylene ND 4 µg/m3
Methyl-tert-butylether ND 20 µg/m3
Ethyl-tert-butylether ND 20 µg/m3
Di-isopropylether ND 20 µg/m3
tert-amylmethylether ND 20 µg/m3
tert-Butylalcohol ND 200 µg/m3
n-Hexane (LCC) ND 40 µg/m3
n-Pentane (LCC) ND 40 µg/m3
Surrogate: Toluene-d8 94.76 % 60 - 140
Surrogate: Dibromofluoromethane 104.72 % 60 - 140
Surrogate: 4-Bromofluorobenzene 99.59 % 60 - 140
Sample Blank 1
Benzene ND 4 µg/m3
Bromodichloromethane ND 4 µg/m3
Bromoform ND 4 µg/m3
n-Butylbenzene ND 6 µg/m3
sec-Butylbenzene ND 6 µg/m3
tert-Butylbenzene ND 6 µg/m3
Carbon tetrachloride ND 4 µg/m3
Chlorobenzene ND 4 µg/m3
Chloroform ND 4 µg/m3
Dibromochloromethane ND 4 µg/m3
1,2-Dibromoethane (EDB) ND 4 µg/m3
1,2-Dichlorobenzene ND 8 µg/m3
1,3-Dichlorobenzene ND 8 µg/m3
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 13 of 19 ends

Acetone (LCC) ND 40 µg/m3
1278
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
Volatile Organic Compounds by EPA 8260 - Quality Control Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403522 - EPA 8260
Sample Blank 1
1,4-Dichlorobenzene ND 8 µg/m3
Freon 12 ND 8 µg/m3
Freon 11 ND 8 µg/m3
Freon 113 ND 8 µg/m3
1,1-Dichloroethane ND 4 µg/m3
1,2-Dichloroethane ND 4 µg/m3
1,1-Dichloroethene ND 4 µg/m3
cis-1,2-Dichloroethene ND 4 µg/m3
trans-1,2-Dichloroethene ND 4 µg/m3
Ethylbenzene ND 4 µg/m3
Isopropylbenzene ND 4 µg/m3
4-Isopropyltoluene ND 4 µg/m3
Methylene chloride ND 4 µg/m3
Naphthalene ND 20 µg/m3
n-Propylbenzene ND 4 µg/m3
Styrene ND 4 µg/m3
1,1,1,2-Tetrachloroethane ND 4 µg/m3
1,1,2,2-Tetrachloroethane ND 8 µg/m3
Tetrachloroethene ND 4 µg/m3
Toluene ND 4 µg/m3
1,1,1-Trichloroethane ND 4 µg/m3
1,1,2-Trichloroethane ND 4 µg/m3
Trichloroethene ND 4 µg/m3
1,2,4-Trimethylbenzene ND 4 µg/m3
1,3,5-Trimethylbenzene ND 4 µg/m3
Vinyl chloride ND 4 µg/m3
m,p-Xylene ND 8 µg/m3
o-Xylene ND 4 µg/m3
Methyl-tert-butylether ND 20 µg/m3
Ethyl-tert-butylether ND 20 µg/m3
Di-isopropylether ND 20 µg/m3
tert-amylmethylether ND 20 µg/m3
tert-Butylalcohol ND 200 µg/m3
n-Hexane (LCC) ND 40 µg/m3
n-Pentane (LCC) ND 40 µg/m3
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 14 of 19 ends

Acetone (LCC) ND 40 µg/m3
1279
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
Volatile Organic Compounds by EPA 8260 - Quality Control Result
Reporting
Analyte Limit Units RPD Notes
Spike
Level
Source
Result %REC
%REC
Limits
%REC
Limits
Batch QC2403522 - EPA 8260
Sample Blank 1
Surrogate: Toluene-d8 95.10 % 60 - 140
Surrogate: Dibromofluoromethane 107.38 % 60 - 140
Surrogate: 4-Bromofluorobenzene 99.20 % 60 - 140
The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 15 of 19 ends

1280
11007 FOREST PLACE
SANTA FE SPRINGS, CA 90670
714-449-9937 PHONE
562-646-1611 FAX
Project Manager: Alicia Jansen
Stantec Consulting
735 EastCarnegie Drive, Suite 280
San Bernardino, CA 92408
Project Number: 185806478
Project: Phase I/II ESA
Reported
04/02/24 10:36
Notes and Definitions
Analyte NOT DETECTED at or above the reporting limit
Relative Percent Difference
ND
RPD
E Estimated Concentration; concentration exceeds calibration ra LCC Leak Check Compound
MDL Compound Reported to Method Detection Limit
1 Recovery outside of acceptable limits. LCS/LCSD recoveries and %RSD were within QC limits, therefore data was accepted.

SMSR Sample matrix prevented adequate surrogate recovery.

J Value less then PQL but greater than MDL.

HHSR High hydrocarbon concentration in this sample prevented adequate surrogate recovery.

F Sample was filtered in the lab before extraction.

HHSR High hydrocarbon concentration in this sample prevented adequate surrogate recovery.

HHTAR High hydrocarbon concentration prevented in-range recovery of target analytes.

The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety.

Jones Environmental, Inc.

Colby Wakeman
Lab Director

Page 16 of 19 ends

1281
Login Report
Customer Name: Stantec Consulting Order ID: J240814
Purchase Order:

Project ID: Phase I/II ESA
Comment:

Order Date: 3/27/2024
Sample #: J240814-001 Site:

Date Collected: 03/27/24
Date Received: 03/27/24
Customer Sample #: SVB-1
Comment:

Collector:

Quantity: 1 Matrix: Soil Gas
Recv'd:

Test Test Group Method Due Date Priority
7:49 AM
9:40 AM
Fixed Gases ASTM D1946 4/4/2024
Low Level 8260B 4/4/2024
Sample #: J240814-002 Site:

Date Collected: 03/27/24
Date Received: 03/27/24
Customer Sample #: SVB-2
Comment:

Collector:

Quantity: 1 Matrix: Soil Gas
Recv'd:

Test Test Group Method Due Date Priority
8:04 AM
9:40 AM
Fixed Gases ASTM D1946 4/4/2024
Low Level 8260B 4/4/2024
Sample #: J240814-003 Site:

Date Collected: 03/27/24
Date Received: 03/27/24
Customer Sample #: SVB-3
Comment:

Collector:

Quantity: 1 Matrix: Soil Gas
Recv'd:

Test Test Group Method Due Date Priority
8:22 AM
9:40 AM
Fixed Gases ASTM D1946 4/4/2024
Low Level 8260B 4/4/2024

Page 17 of 19 ends

1282
Customer Name: Stantec Consulting Order ID: J240814
Purchase Order:

Project ID: Phase I/II ESA
Comment:

Order Date: 3/27/2024

SAMPLE CONDITION RECORD

1. Are the samples within correct temperature criteria? (0 - 6°C) N/A

2. If not within temp. criteria, were samples received on ice? N/A

3. If not within temp. criteria, were samples received chilled on same day of sampling? N/A

4. Is the Chain of Custody (COC) received filled out completely? Yes

5. Does the total number of containers received match COC? Yes

6. Are the sample container label(s) consistent with COC? Yes

7. Are the sample container(s) intact and in good condition? Yes

8. Were the proper containers & sufficient volume for analyses requested on COC? Yes

9. Was the proper preservative indicated on COC/container for analyses requested? N/A

10. Are the containers for volatile analysis free of headspace? (EPA 8260 water) N/A EDF Requested No

Page 18 of 19 ends

1283

Page 19 of 19 ends

1284
4899-4366-0342 v1
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Eastvale
12373 Limonite Ave., Suite 910
Eastvale, CA 91752
Attention: City Clerk

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
Space above this line for Recorder’s use.

APNs:130-070-021, 130-070-015, 130-080-004

AFFORDABLE HOUSING AGREEMENT
AND

DECLARATION OF RESTRICTIVE COVENANTS
by and between

THE CITY OF EASTVALE
and
_________________________________________________
(Density Bonus Below Market-Rate For-Sale Units)
1285
4899-4366-0342 v1
2 This Affordable Housing Agreement (this “Agreement”) is entered into effective as of ________________, 2025 (the “Effective Date”) by and among the City of Eastvale, a California municipal corporation (“City”), ______________________, a ________________ (“Developer”). City and Developer are referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
The following recitals are an integral part of this Agreement and are binding on the Parties. Capitalized terms used in these Recitals and elsewhere in this Agreement shall have the meanings ascribed to such terms as set forth in Section 2 below.

A. Developer is the owner of the real property located in the City of Eastvale, Riverside County, California consisting of approximately 8.3 acres, located at 8312 Grapewin Street and 8330 Archibald Avenue in the City of Eastvale, known as Riverside County Assessor’s Parcel Nos. 130-070-021, 130-070-015, and 130-080-004 and more particularly described in Exhibit A attached hereto (the “Property”).

B. Developer intends to construct a seventy-six (76) unit residential development (the “Project”) on the Property in accordance with City of Eastvale City Council Resolution No. ______ adopted on __________, 2025, approving the Project subject to conditions of approval related to development of the Property and the Project (“Conditions of Approval”).

C. The Project includes the development of four (4) residential units that will be sold to Eligible Households at an Affordable Sales Price in accordance with the state density bonus provisions in Government Code sections 65915 to 65918 (“Density Bonus Law”).

D. This Agreement is intended to satisfy the requirements of the Density Bonus Law, and to regulate and restrict the Project’s Restricted Units for sale to Eligible Purchasers at Affordable Sales Prices. The Parties intend the covenants set forth in this Agreement to run with the land and to be binding upon Developer and Developer’s successors and assigns.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Recitals Incorporated. The Recitals set forth above are hereby incorporated into this Agreement.

2. Definitions. The following terms shall have the meanings set forth below whenever used in this Agreement or the Exhibits hereto, unless the context clearly indicates otherwise. “Actual Household Size" means the actual number of persons in the applicable household.
“Affordable Housing Cost” means a monthly obligation to pay mortgage payments (principal and interest), property taxes, property insurance, mortgage insurance, utilities, and 1286
4899-4366-0342 v1
3 homeowners’ association dues (if applicable) in an aggregate amount not greater than one-twelfth of thirty percent (30%) of fifty percent (50%) of Area Median Income, adjusted for Household Size Appropriate for the Unit.
“Affordable Sales Price” means the maximum sales price for a Restricted Unit as determined by the City pursuant to Exhibit C that will result in an Affordable Housing Cost for the homebuyer.
"Area Median Income" or "AMI" means the median annual income for Riverside County, California, adjusted for Actual Household Size, as determined by the U.S. Department of Housing and Urban Development pursuant to Section 8 of the United States Housing Act of 1937 and as published from time to time by the State of California Department of Housing and Community Development in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c). “City” means the City of Eastvale, California
“City’s Authorized Representative” means the City Manager of the City of Eastvale. “City Council” means the City Council of the City of Eastvale. “Claims” is defined in Section 10.
“Conditions of Approval” is defined in Recital B.
“Density Bonus Law” is defined in Recital C.
“Developer” is defined in the preamble to this Agreement. Each reference herein to the “Developer” shall mean the Developer and the Developer’s successors and assigns. “Eligible Purchaser” means a person whose annual household Gross Income does not exceed the qualifying limit for Very Low Income Households and who demonstrates to the reasonable satisfaction of the City that they:
(i) Will provide funds (cannot be financed) in the amount of at least three percent (3%) of the purchase price of the Restricted Unit; (ii) Will qualify for and obtain a mortgage loan to finance acquisition of the Restricted Unit in a maximum amount equal to ninety-seven percent (97%) of the sales price plus closing costs; and
(iii) Will, after purchase of a Restricted Unit, have a monthly housing cost (principal, interest, taxes, insurance and homeowner association fees) that does not exceed Affordable Housing Cost.
“Excess Proceeds Note” means the Secured Promissory Note that each purchaser of a Restricted Unit will be required to execute for the benefit of City at the closing for the purchase of the Restricted Unit. The Excess Proceeds Note shall be in a form approved by City. 1287
4899-4366-0342 v1
4 “Gross Income” shall have the meaning set forth in Section 6914 of Title 25 of the California Code of Regulations as such Section may be revised from time to time, and shall mean the combined Gross Income of all adult persons in the applicable household. “Household Size Appropriate for the Unit” means the number of bedrooms in a dwelling unit plus one, consistent with Section 50052.5(h) of the California Health and Safety Code, subject to the application of federal rules and regulations applicable to Project financing sources (if any).
“Indemnitees” is defined in Section 10.
“Map” means the final Subdivision Map for the Property that will be recorded in the Official Records.
“Market-Rate Units” means the residential units to be constructed within the Project that are not Restricted Units.
“Official Records” means the Official Records of the Riverside County Recorder. “Performance Deed of Trust” means the Performance Deed of Trust and Assignment of Rents, that each purchaser of a Restricted Unit will be required to execute for the benefit of City to secure the homebuyer obligations under the Resale Restriction Agreement and the Excess Proceeds Note. The Performance Deed of Trust will be in a form approved by City, and will be recorded in the Official Records at the closing for the sale of each Restricted Unit. “Project” is defined in Recital B.
“Property” is defined in Recital A.
“Resale Restriction Agreement” means the Affordable Housing Resale Restriction Agreement and Option to Purchase that each purchaser of a Restricted Unit will be required to execute at the closing for the purchase of the Restricted Unit. The Resale Restriction Agreement shall be in a form approved and executed by City, and will be recorded in the Official Records against the Restricted Unit at the closing for the sale of the Restricted Unit. “Restricted Units” means the four (4) residential units to be constructed within the Project that are required to be sold at Affordable Sales Price to Eligible Purchasers pursuant to this Agreement.
“Site Plan” means the site plan for the Project approved by the City Council in conjunction with its approval of the Project and attached hereto as Exhibit B. The Site Plan depicts the location of the Restricted Units.
“Very Low Income Household” means a household income that does not exceed the qualifying limit of AMI for very low income families for Riverside County, adjusted for Actual Household Size, as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937 and published by the California Department of Housing and Community Development in the California Code of Regulations. 1288
4899-4366-0342 v1
5 3. Compliance with Conditions of Approval. Developer shall construct the Project in accordance with plans approved by City, and shall satisfy all Conditions of Approval, including without limitation, all contingencies regarding the issuance of permits, entitlements, and certificates of occupancy for the Project, which shall remain in full force and effect and unmodified by this Agreement. Developer shall comply with the Density Bonus Law by selling four (4) residential units developed within the Project to Eligible Households at Affordable Sales Prices in accordance with the terms of this Agreement.

4. Restricted Units, Income Categories. Developer hereby covenants and agrees for itself and its successors and assigns, that all of the Restricted Units shall be sold to Eligible Households at Affordable Sales Price in accordance with this Agreement. The Restricted Units shall consist of four (4) three-bedroom units and shall be restricted for sale at Affordable Sales Prices to Eligible Purchasers that qualify as Very Low Income Households. In connection with the sale of each Restricted Unit, the City and the homebuyer will execute a Resale Restriction Agreement that will be recorded against the Restricted Unit, the homebuyer will be obligated to execute and deliver to City an Excess Proceeds Note, and the homebuyer will be obligated to execute a Performance Deed of Trust that will be recorded against the Restricted Unit. Among other requirements, the Resale Restriction Agreement for each Restricted Unit shall provide that the Restricted Unit must be occupied as the homebuyer’s principal residence. Developer shall not sell or transfer any Restricted Unit unless and until the documents described above are executed and approved by City.

5. Phasing; Location; Amenities. The Restricted Units shall be constructed and made available for sale to Eligible Households concurrently with the Market-Rate Units throughout the construction of the Project. The Restricted Units shall not be concentrated in one location within the Project, but instead shall be dispersed throughout the Project, and shall be located as shown on the Site Plan. The Restricted Units shall be comparable to the Market-Rate Units in the Project in their appearance, materials, and exterior and interior finishes, appliances, and fixtures.

The Restricted Units must contain dishwashers, refrigerators, garbage disposals, cooking facilities, and laundry facilities. The City shall have the right to inspect the Restricted Units to determine whether they have been constructed in accordance with this Section. Residents of Restricted Units shall have access to all Project amenities and recreational facilities available to residents of the Project’s Market-Rate Units.

6. Recordation of Agreement; Term. This Agreement shall be recorded against the Property in the Official Records promptly following its execution by all Parties, and as a condition precedent to the recordation of a final subdivision map for the Property. This Agreement shall remain effective and fully binding regardless of any sale, assignment, transfer, or conveyance of the Property or the Project or any part thereof or interest therein, and shall remain in effect until all Restricted Units have been sold at Affordable Sales Prices to Eligible Households in accordance with this Agreement.

7. No Subordination. Developer hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City which City may grant or withhold in the exercise of its sole discretion, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other 1289
4899-4366-0342 v1
6 interest in the Property or the Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project in position superior to this Agreement, upon the request of City, Developer hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 7, and to provide such evidence thereof as City may reasonably request.

8. Binding on Successors; Covenants Run with the Land. Developer hereby subjects the Property to the covenants and restrictions set forth in this Agreement. The Parties hereby declare their express intent that the covenants and restrictions set forth herein shall be deemed covenants running with the land pursuant to California Civil Code §1468, and subject to the provisions of Section 9 below, shall be binding upon and inure to the benefit of the respective heirs, administrators, executors, successors in interest, transferees, and assigns of Developer and City, regardless of any sale, assignment, conveyance or transfer of the Property or any part thereof or interest therein. So long as this Agreement remains of record, any conveyance of the Property shall be conclusively held to have been delivered and accepted subject the requirements set forth in this Agreement, without regard to whether any party to such transaction has actual knowledge of the restrictions hereof. The burden of this Agreement touches and concerns each of the Restricted Units, the Project and the Property in that the restrictions set forth herein may render the owner’s interest therein less valuable, and they enhance and increase the enjoyment and use of the Project, the Property and the Restricted Units by Eligible Purchasers who will benefit from such covenants and restrictions. Developer agrees for itself and for its successors that in the event that a court of competent jurisdiction determines that the covenants herein do not run with the land, such covenants shall be enforced as equitable servitudes against the Property in favor of City.

9. Reconveyance. Concurrently with the sale of each Restricted Unit to an Eligible Purchaser and recordation of the Resale Restriction Agreement and the Performance Deed of Trust, the Parties shall execute and record appropriate instruments to release and reconvey this Agreement as to such Restricted Unit. Such instrument shall be deposited with the escrow holder with instructions to record it concurrently with the close of escrow for the sale of the Restricted Unit to the Eligible Purchaser. Upon the sale of all Restricted Units, this Agreement shall terminate, and Developer shall be released from all obligations hereunder except those that expressly survive termination. Nothing contained herein shall terminate Developer's obligations if any, with regard to the construction and quality of the Restricted Units, which obligations shall survive the sale of the Restricted Units and shall terminate only as provided by law.

10. Hold Harmless and Indemnification. To the greatest extent permitted by law, Developer will indemnify, defend (with counsel approved by City) and hold harmless City and its elected and appointed officials, officers, employees, agents, consultants, contractors, and board members (all of the foregoing, collectively the “Indemnitees”) from and against all liability, loss, cost, expense (including without limitation attorneys’ fees and costs of litigation), claim, demand, action, suit, judicial or administrative proceeding, penalty, deficiency, fine, order, and damage (all of the foregoing collectively “Claims”) arising directly or indirectly, in whole or in part, as a result of or in connection with or relating in any manner to the Property, the Project, the Restricted Units, or Developer's performance or non-performance under this Agreement, except to the extent arising from the gross negligence or willful misconduct of the Indemnitees. The 1290
4899-4366-0342 v1
7 provisions of this Section shall survive the expiration or other termination of this Agreement and the release of part or all of the Property from the burdens of this Agreement.

11. Default; Remedies. In the event of any breach of this Agreement, the non-defaulting Party shall provide written notice of default to the Party in default. If the default is not cured within thirty (30) days after delivery of such notice, then the non-defaulting Party shall have the right to take legal or other action to enforce this Agreement, including without limitation, bringing an action for equitable relief seeking the specific performance of the terms and conditions of this Agreement, and/or enjoining, abating, or preventing any violation of such terms and conditions, and/or seeking declaratory relief or damages. Each of the remedies provided herein is cumulative and not exclusive, and each Party may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement.

12. Fair Housing; Non-Discrimination. Developer shall comply with all applicable State and federal fair housing laws in the marketing and sale of all residential units in the Project.

Developer shall not restrict the rental, sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, the Project, or any portion thereof, on the basis of race, color, religion, creed, sex, sexual orientation, disability, actual or perceived gender identity, marital status, ancestry, or national origin of any person. Developer covenants for itself and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property or part thereof, nor shall Developer or any person claiming under or through Developer establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in, of, or for the Property or part thereof. Developer shall include such provision in all deeds, leases, contracts and other instruments executed by Developer, and shall enforce the same diligently and in good faith.

13. Mortgagee Protection. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Project or the Property, and the purchaser at any trustee’s sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Agreement from and after such trustee’s sale or foreclosure sale.

14. Miscellaneous.

14.1 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return 1291
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8 receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service.

City:

City of Eastvale
12373 Limonite Ave., Ste. 910
Eastvale, CA 91752
Attention: Community Development Director
Developer:
_____________________________
_____________________________
_____________________________
Attention: ____________________

14.2 No Third-Party Beneficiaries. This Agreement is not intended to be for the benefit of any person other than the Parties and their permitted successors and assigns.

14.3 Attorneys' Fees. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action, including without limitation, attorneys’ fees attributable to City’s in-house counsel based upon comparable fees of private attorneys practicing in Riverside County.

14.4 Amendments. This Agreement may be amended, changed, or modified only by an agreement in writing signed by the Parties or their respective permitted successors and recorded in the Official Records.

14.5 No Waiver. Any waiver of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by a Party to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by a Party at any time to require strict performance of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.

14.6 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or illegal, such invalidity or illegality shall not affect, impair or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect.

14.7 Headings; Interpretation. The captions used in this Agreement are for convenience only and shall not be considered in the construction or interpretation of any 1292
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9 provision hereof. Unless expressly stated otherwise, each reference to a particular Section of this Agreement shall mean all subsections and subparagraphs of such Section. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party, notwithstanding the drafting of the Agreement by any Party or Party's representative. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Eastvale shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.

14.8 Governing Law and Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Riverside County, California or in the Federal District Court for the Central District of California.

14.9 Authority. Each person executing this Agreement on behalf of a Party represents warrants that he or she has the actual authority to execute and deliver the Agreement on behalf of such Party and that the Agreement is binding on such Party.

14.10 Entire Agreement; Exhibits. This Agreement, together with the Conditions of Approval, contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements with respect thereto. Exhibits A through C attached hereto are incorporated herein by this reference. The Parties each acknowledge and agree that they have not relied on any representations of the other Parties or their representatives, except to the extent that such representations are expressly set forth herein.

14.11 Further Assurances. Each Party shall execute, acknowledge and deliver to the other Parties such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement

14.12 Parties Not Co-Venturers; No Agency Relationship. Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another. The relationship of the Parties shall not be construed as a joint venture, equity venture, partnership or any other relationship. City neither undertakes nor assumes any responsibility or duty to Developer (except as expressly provided in this Agreement) or to any third party with respect to the Project. Developer and its agents and employees shall at no time pretend to be or hold themselves out as employees or agents of City, and Developer shall have no authority to act as an agent or to bind City to any obligation.

14.13 Action by the City. Whenever action and/or approval by City is required under this Agreement, such action or approval shall be in writing, and the City’s Authorized Representative or his or her designee may act on and/or approve such matter unless specifically provided otherwise, or the City’s Authorized Representative determines in his or her discretion that such action or approval requires referral to City Council for consideration.

14.14 Non-Liability of City and City Officials, Employees and Agents. No member, official, employee or agent of the City shall be personally liable to Developer or any successor in 1293
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10 interest, in the event of any default or breach by the City, or for any amount of money which may become due to Developer, or their respective successors, or for any obligation of City under this Agreement.

14.15 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGES
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11 IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Agreement effective as of the date first written above.

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

STATE OF CALIFORNIA )

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

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

WITNESS my hand and official seal.

Signature: (seal)
[City Signatures on Following Page]
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12 City Signature Page to Affordable Housing Agreement
CITY:

CITY OF EASTVALE, a municipal corporation
__________________________
Mark Orme, City Manager
Approved as to form:
__________________________
Erica Vega, City Attorney
Attest:
__________________________
Marc Donohue, City Clerk
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13 Exhibit A

PROPERTY
Real property situated in the County of Riverside, City of Eastvale, State of California, and described as follows:

PARCEL 1:

THAT PORTION OF LOT “O” OF FULLER RANCHO, AS SHOWN BY MAP ON FILE IN BOOK 16 PAGE(S) 94 TO 97 INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 SOUTH, RANGE 7 WEST,

SAN BERNARDINO BASE AND MERIDIAN, AND POINT ALSO BEING THE SOUTHEAST CORNER OF LOT ”M” OF SAID FULLER RANCHO;
THENCE SOUTH 0° 09’ 19” EAST, 623.4 FEET;
THENCE SOUTH 40° 45’ WEST, 974.3 FEET;
THENCE SOUTH 36° 15’ WEST, 772.8 FEET;
THENCE NORTH 89° 34’ WEST, 192.9 FEET TO A POINT ON THE EAST LINE OF ARCHIBALD AVENUE;
THENCE SOUTH 0° 02’ EAST, ALONG SAID EAST LINE OF ARCHIBALD AVENUE 225 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 89° 34’ EAST 723.58 FEET;
THENCE SOUTH 0° 58’ WEST, 144.9 FEET;
THENCE SOUTH 23° 59’ WEST, 87.55 FEET;
THENCE NORTH 89° 34’ WEST, 685.25 FEET TO A POINT ON SAID EASE LINE OF ARCHIBALD AVENUE;
THENCE NORTH 0° 02’ WEST, ALONG SAID EAST LINE OF ARCHIBALD AVENUE 225 FEET TO THE TRUE POINT OF BEGINNING;
EXCEPT THE WESTERLY 450 FEET THEREOF, THE EASTERLY LINE OF SAID LOT 450 FEET BEING PARALLEL WITH THE EAST LINE OF ARCHIBALD AVENUE.

PARCEL 2:

THAT PORTION OF LOT “O” OF FULLER RANCHO, AS SHOWN BY MAP ON FILE IN BOOK 16 PAGE(S) 94 TO 97, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 SOUTH, RANGE 7 WEST, 1297
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14 SAN BARNARDINO BASE AND MERIDIAN, SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT “M” OF SIAD FULLER RANCHO;
THENCE SOUTH 0° 09’ 19” EAST, 623.4 FEET;
THENCE SOUTH 40° 45’ WEST 979.3 FEET;
THENCE SOUTH 36° 15’WEST, 772.8 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89° 34’ EAST, 545.84 FEET;
THENCE SOUTH 3° 51’ WEST, 225.4 FEET;
THENCE NORTH 89° 34; WEST, 723.58 FEET TO A POINT ON THE EAST LINE OF ARCHIBALD AVENUE;
THENCE NORTH 0° 02’ WEST, ALONG SAID EAST LINE OF ARCHIBALD AVENUE, 225 FEET;
THENCE SOUTH 89° 34’ EAST, 192.9 FEET TO THE TRUE POINT OF BEGINNING;

EXCEPT THAT PORTION AS CONVEYED TO THE COUNTY OF RIVERSIDE BE DEED RECORDED JUNE 15, 1965 AS INSTRUMENT NO. 69094 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.

PARCELS 1 AND 2 ABOVE ARE ALSO SHOWN AS POTIONS OF LOTS 13 AND 14 OF ASSESSORS MAP NO. 62.

A.P.N. 130-070-021
PARCEL 3:

THAT PORTION OF LOT “O” OF FULLER RANCHO, AS SHOWN BY MAP ON FILE IN BOOK 16 PAGE(S) 94 TP 97, INCLUSIVE OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 2, TOWNSHIP 3 SOUTH, RANGE 7 WEST, SAN BERNARDINO BASE AND MERIDIAN; SAID POINT BEING THE SOUTHEAST CORNER OF LOT “M” OF SAID FULLER RANCHO:

THENCE SOUTH 0° 09’ 19” EAST, 623.4 FEET; THENCE SOUTH 40° 45’ WEST 979.3 FEET; THENCE SOUTH 36° 15’ WEST, 432.9 FEET; THENCE CONTINUING SOUTH 36° 15 WEST, 339.9 FEET; THENCE NORTH 89° 34’ WEST, 192.94 FEET TO A POINT ON THE EASTERLY LINE OF ARCHIBALD AVENUE;
THENCE SOUTH 0° 02’ EAST ON THE EASTERLY LINE OF ARCHIBALD AVENUE, 514 FEET TO THE TURE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 89° 34’ EAST, 616.92 FEET; THENCE NORTH 47° 26’ EAST 93.84 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND CONVEYED TO MILLER A. CRANE AND WIFE BY DEED RECORDED JANUARY 3, 1939; THENCE NORTH 89° 34’ WEST, 235.25 FEET; THENCE NORTH 0° 02’ WEST, 225.00 FEET’ THENCE SOUTH 89° 34’ WEST, 450.00 FEET TO THE EASTERLY LINE OF ARCHIBALD AVENUE; THENCE SOUTH 0° 02’ EAST, ALONG SAID EASTERLY LINE OF ARCHIBALD AVENUE, 289.00 FEET TO THE TRUE POINT OF BEGINNING.
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15 Exhibit B

SITE PLAN
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RESTRICTED UNIT SALE PRICES
Affordable Sales Price Very
Low Income Households
Fiscal Year 2024 - 2025
3-Bedroom $103,000.00
The Affordable Sales Price is based upon Area Median Income for the applicable household income category, the unit size, and an affordability percentage. These figures are combined with an estimated total housing payment. Pricing applies to homes sold within the specified fiscal year. Pricing is subject to change.
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RECORDING REQUESTED BY AND
WHEN RECORDED, MAIL TO:

City of Eastvale
City Clerk
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
No fee for recording pursuant to
Government Code Section 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE
APN:_________________

AFFORDABLE HOUSING RESALE AND REFINANCING RESTRICTION

AGREEMENT WITH EQUITY SHARING AND

OPTION TO PURCHASE
This Affordable Housing Resale and Refinancing Restriction Agreement with Equity Sharing and Option to Purchase (this “Agreement”) is entered into as of ____________, 20__, by and between the City of Eastvale, a municipal corporation (“City”) and _______________ and [list name(s) of homebuyer(s)] (collectively, “Owner”). City and Owner are collectively referred to herein as the “Parties.”

RECITALS
A. Owner is the owner of, or has the right to purchase, the real property located at ____________ Street in the City of Eastvale, California, known as Riverside County Assessor’s Parcel No. _______, and more particularly described in Exhibit A attached hereto (the “Property”).

B. Pursuant to California Government Code Section 65915 et seq. (the “Density Bonus Statute”) a density bonus was approved for the development within which the Property is located (the “Development”).

C. Pursuant to the Density Bonus Statute and the Affordable Housing Regulatory Agreement executed by and between the City and the developer of the Development and recorded in the Official Records on ___________, 20__ as Instrument No. _____, the Property is being sold to Owner at an affordable below-market price, and Owner is required to enter into and record this Agreement in the Official Records for the benefit of City.

D. In accordance with the Density Bonus Statute, this Agreement places initial occupancy restrictions on the Property and requires Owner to pay a proportionate share of appreciation to City upon sale of the Property during the Term. Owner’s payment obligations are evidenced by a Excess Proceeds Promissory Note executed by Owner for the benefit of City, and Owner’s obligations under the Excess Proceeds Note and this Agreement are secured by a 1301
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deed of trust recorded in the Official Records for the benefit of City substantially concurrently with the recordation of this Agreement.

AGREEMENT
NOW, THEREFORE, in consideration of the benefits received by the Owner and the City hereunder, the Owner and the City agree as follows:

0.1 Basic Terms.

Transaction Type: x Original Purchase Resale Other Permitted Transfer
Owner Name(s):

Vesting
Initial Market Value
Initial Purchase Price
Initial Subsidy Amount Initial Market Value minus Initial Purchase Price: $ Down payment/mortgage assistance: $___________
Total Initial Subsidy: $___________
Bedroom Count
Assumed Household Size
Income Category Info [Year] [Income Category Name] [Income Category Limit Dollar Amount]

1. Incorporation of Recitals; Definitions; Exhibits.

1.1 Incorporation of Recitals; Acknowledgement. The Parties acknowledge the truth of the foregoing Recitals which are hereby incorporated into this Agreement, and acknowledge the accuracy of the terms listed in Section 0.1 above.

1.2 Definitions. The following terms shall have the meanings set forth in this Section wherever used in this Agreement or the attached exhibits. “Administrator” means the person or entity appointed or engaged by City to administer this Agreement.
“Affordable Housing Cost” is defined in California Health & Safety Code Section 50052.5.
“Affordable Rent” is defined in California Health and Safety Code Section 50053. “Appreciation Amount” means the difference between (a) the resale price of the Property (or, if applicable, the fair market value of the Property at the time of any Prohibited Transfer if the Property is not sold, or the sale price of the Property at any foreclosure sale), and (b) the Initial Market Value, minus the appraised value of any Eligible Capital Improvements. 1302
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“Area Median Income” or “AMI” means the area median income for Riverside County, California, adjusted for actual household size, as determined by the United States Department of Housing and Urban Development (“HUD”) and as published from time to time by the State of California Department of Housing and Community Development (“HCD”) in Section 6932 of Title 25 of the California Code of Regulations or successor provision published pursuant to California Health and Safety Code Section 50093(c).
“Assumed Household Size” means a household of one person for a studio unit, two persons for a one-bedroom unit, three persons for a two-bedroom unit, and one additional person for each additional bedroom. The Property has _____ bedrooms, and therefore, the Assumed Household Size is a household of _____ persons.
“Authorized ECI Appraisal” means an appraisal of Eligible Capital Improvements prepared by a certified Member Appraisal Institute (MAI) or other qualified real estate appraiser approved in advance by the City.
“Business Days” excludes Saturdays, Sundays, and State and federal holidays on which City of Eastvale offices are closed. Any reference in this Agreement to a number of “days” means calendar days unless “Business Days” is specified. “City” means the City of Eastvale, a municipal corporation. “City’s Authorized Representative” means the City Manager of the City of Eastvale. “City Council” means the City Council of the City of Eastvale. “City Deed of Trust” is defined in Section 2.
“City’s Equity Share Percentage” means the percentage equal to the Initial Subsidy divided by the Initial Market Value. The Parties agree that the City’s Equity Share Percentage is _____________ percent (____%).
“City’s Share of Appreciation” means the amount calculated by multiplying the City’s Equity Share Percentage by the Appreciation Amount.
“Density Bonus Statute” means California Government Code Section 65915 et seq. “Eligible Capital Improvements” is defined in Section 11. “Eligible Household” means a person or family that qualifies as [Moderate Income][Lower Income] [Very Low-Income].
“Excess Proceeds Note” is defined in Section 2.
“Excess Rental Proceeds” is defined in Section 5.3.
“First Lender” means _____________________ Bank.
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“First Lender Deed of Trust” means the deed of trust to be recorded against the Property executed by Owner as trustor for the benefit of First Lender to secure repayment of the First Lender Loan.
“First Lender Loan” means the purchase money mortgage in the amount of ______________________ Dollars ($________) provided or to be provided by First Lender to Owner in connection with Owner’s acquisition of the Property. “Initial Market Value” means the fair market value of the Property at the time of Owner’s acquisition of the Property. The Parties agree that the Initial Market Value of the Property is _____________________ Dollars ($________).
“Initial Purchase Price” means ____________________ Dollars ($______) which is the below market-rate purchase price that Owner paid or will pay to acquire the Property. In accordance with the Density Bonus Statute, the Initial Purchase Price was set at a price resulting in Affordable Housing Cost.
“Initial Subsidy” means the amount equal to the Initial Market Value minus the Initial Purchase Price plus the amount of any down payment assistance or mortgage assistance provided to Owner by the City. The Parties agree that the Initial Subsidy is equal to ___________________ Dollars ($______).
“Lower Income Household” is defined in California Health & Safety Code Section 50079.5.
“Moderate Income Household” is defined in California Health & Safety Code Section 50093.
“Official Records” means the Official Records of the Riverside County Recorder. “Owner’s Notice of Intent to Transfer” means the notice to be delivered to the City pursuant to Section 8 when the Owner intends to Transfer the Property. “Prohibited Transfer” is defined in Section 7.
“Property” is defined in Recital A.
“Purchase Option” means the option to purchase granted by the Owner, as optionor, to the City, as optionee, pursuant to Section 6.1 of this Agreement. “Transfer” is defined in Section 7.
“Very Low-Income Household” is defined in California Health & Safety Code Section 50105.
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1.3 Exhibits. The following exhibits are attached to this Agreement and incorporated herein by this reference.

Exhibit A: Legal Description of the Property
Exhibit B: Form of Owner Occupancy Certification
Exhibit C: Form of Owner's Notice of Intent to Transfer Exhibit D: Form of Transferee’s Acknowledgement of Resale Restriction Agreement Exhibit E: Form of Request for Approval of Capital Improvements Exhibit F: Form of Owner Request for Subordination to Refinance First Lender Loan Exhibit G: Form of Excess Proceeds Note
Exhibit H: Form of City Deed of Trust

2. The Property. The Property that is the subject of this Agreement has a street address of _____________ Street, Eastvale, California _____, and its legal description is set forth in Exhibit A attached hereto. Owner is the owner of, or intends to purchase the Property. In connection with Owner’s acquisition of the Property, Owner shall execute and deliver to City an Excess Proceeds Note substantially in the form attached hereto as Exhibit G (“Excess Proceeds Note”) and a Deed of Trust substantially in the form attached hereto as Exhibit H (“City Deed of Trust”) which shall be recorded in the Official Records substantially concurrently with the recordation of this Agreement.

3. Owner Certifications, Representations and Warranties; Cooperation. Owner represents, warrants, and certifies to the City that (a) the financial and other information provided by Owner for the purpose of qualifying to purchase the Property was true, correct and complete at the time it was given and remains true and correct as of the date of this Agreement, and (b) Owner will occupy the Property as Owner’s principal residence. Owner understands that any material misstatement or misrepresentation shall be a material breach of this Agreement and shall be grounds for declaring a default enabling the City to exercise the Purchase Option or pursue other remedies. Owner agrees that it shall comply with this Agreement and shall fully cooperate with the City and the Administrator in promptly providing all information reasonably requested by City or Administrator to verify and monitor compliance with this Agreement, including without limitation, the owner-occupancy requirements set forth in Section 4.1, and the restrictions applicable to resale, transfer, and refinancing of the Property.

4. Owner Occupancy, Maintenance, and Insurance Requirements.

4.1 Owner Occupancy. Owner certifies and warrants that Owner will occupy, use, and maintain the Property as the Owner’s principal place of residence. Owner shall be considered as occupying the Property if the Owner is living in the unit for at least ten (10) months out of each calendar year unless the City has approved the rental of the Property pursuant to Section 5 below. On or before February 1 of each year, Owner shall provide a written certification to the City, in the form shown in Exhibit B, together with supporting documentation acceptable to City (including utility bills, mortgage statements, proof of insurance, and evidence that the Property qualifies for the homeowner’s exemption from property taxes, as described in Exhibit B) that Owner is occupying the Property as Owner’s principal place of residence and that Owner is not renting the Property to another party. It is the responsibility of Owner to 1305
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submit the annual written certification and supporting documentation to the City to show that the Owner is in compliance with this Section 4.1, and the failure to do so is a default under this Agreement.

4.2 Maintenance. Owner shall maintain the Property including the landscaping in good repair, in a neat, clean and orderly condition, and in accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal and other governmental agencies and bodies having jurisdiction and all of their respective departments, bureaus, and officials. Owner will not commit waste or permit deterioration of the Property, and shall make all repairs and replacements necessary to keep the Property in good condition and repair.

4.3 Insurance. Owner shall maintain a standard all risk property insurance policy equal to the replacement value of the Property (confirmed annually using City’s designated valuation method), naming the City as an additional insured. The Owner shall provide the City with evidence of required insurance coverage upon City’s request. The insurance policy must be issued by a company authorized to issue insurance in the State of California, and with a rating issued by A.M. Best’s or other major rating agency such as Moody’s, Standard & Poor’s, or Fitch.

5. Prohibition on Renting or Leasing.

5.1 Prohibition on Renting or Leasing. Owner shall not rent or lease the Property to another party unless the City has provided written approval and such rental or lease is in compliance with this Section 5. In addition, Owner shall not rent or enter into any contract to allow the use of all or any portion of the Property as a short term rental, such as through any “shared economy” online forums or services such as Craigslist, VRBO, Airbnb or any similar program or company.

5.2 Conditions for Lease or Rental of Property. Owner may request the City’s approval to rent or lease the Property, which approval shall not be unreasonably denied, if all of the following conditions are met: (i) Owner demonstrates to the City’s reasonable satisfaction that Owner will incur substantial hardship if Owner is not permitted to rent or lease the Property to a third party; (ii) Owner delivers to City a copy of the proposed rental agreement or lease, (ii) the term of the rental or lease is not greater than twelve (12) months and cannot be extended without City approval; (iv) the proposed tenant qualifies as an Eligible Household, as determined by the City; (v) the rent for the Property does not exceed Affordable Rent, and (vi) the lease or rental agreement requires the tenant to maintain the Property and surrounding property in good condition and prohibits subleasing.

5.3 Affordable Rent; Lease Agreement; Excess Rents. If City approves the rental or lease of the Property, the Affordable Rent shall be stated in the written notice of such approval.

Following City’s approval, the Owner shall deliver to City a fully-executed copy of the rental agreement or lease. Any rental or lease of the Property in violation of this Agreement is prohibited, shall constitute a Prohibited Transfer under Section 7 herein, and shall be a default under this Agreement. The Owner further agrees that, in the event the Owner rents or leases the 1306
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Property in violation of this Section 5, any rents paid to or for the benefit of Owner in excess of the Affordable Rent (“Excess Rental Proceeds”) shall be due and payable to the City immediately upon Owner’s receipt thereof. Owner’s obligation to pay Excess Rental Proceeds to the City shall be evidenced by the Excess Proceeds Note and secured by the City Deed of Trust.

City’s acceptance of Excess Rental Proceeds shall not constitute City’s waiver of Owner’s obligation to comply with the requirements of this Section 5, nor a waiver of City’s rights to pursue remedies for Owner’s default under this Agreement. The City shall use the Excess Rental Proceeds for affordable housing.

6. Purchase Option.

6.1 Grant of Option; Exercise Rights. The Owner hereby grants to the City an option to purchase the Property (“Purchase Option”) on the terms and in the manner set forth in this Agreement. The City shall have the right to exercise the Purchase Option upon the occurrence of any of the following events:
(a) Receipt from the Owner of the Owner’s Notice of Intent to Transfer pursuant to Section 8 below;
(b) a notice of default or notice of sale is recorded against the Property by any lienholder;
(c) a Prohibited Transfer occurs and continues in effect beyond any applicable cure period;
(d) Owner fails to occupy the Property as Owner’s principal residence in violation of the terms of this Agreement; or
(e) The occurrence of any Event of Default listed in Section 12.1 below.

6.2 Terms. The City’s right to exercise the Purchase Option shall survive any Transfer of the Property by the Owner, and as long as the Purchase Option exists, any actual or attempted Prohibited Transfer shall be voidable at the election of the City. City’s exercise of the Purchase Option shall be governed by the terms of this Agreement. In no event shall City become in any way liable to Owner, nor become obligated in any manner, by reason of the assignment of its right to purchase, nor shall City be in any way obligated or liable to Owner for any failure of City’s assignee to consummate a purchase of the Property or to comply with the terms of any purchase and sale agreement.
(a) Option Price. If City exercises the Purchase Option, the City shall pay cash to the Owner in an amount (the “Purchase Price”) equal to the fair market value of the Property (“Fair Market Value”) as determined in accordance with Section 6.2(c) below; less the sum of (i) the value of any liens or encumbrances that the City assumes or takes subject to; (ii) any amounts owed to the City by Owner and its successors or transferee pursuant to this Agreement, the Excess Proceeds Note, or the City Deed of Trust, including without limitation, the Initial Subsidy and City’s Share of Appreciation, 1307
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or otherwise; (iii) all taxes, assessments and utility charges payable with respect to the Property for the period prior to the date the City acquires title to the Property; (iv) the amount of any payments necessary to discharge or prevent from attaching any subsequent encumbrances or liens due to obligations, defaults, or acts of the Owner, its successors or transferees; and (v) any damages to which the City is entitled under this Agreement by reason of Owner's default.
(b) Owner’s Delivery of Property Information; City Exercise of Option; Closing. To exercise the Purchase Option, the City shall give Owner written notice (“Exercise Notice”) in accordance with Section 23.3 within sixty (60) days following City’s receipt of Owner’s Notice of Intent to Transfer. Provided that Owner has provided all documents set forth in Section 8 within forty-five (45) days following Owner’s delivery of Owner’s Notice of Intent to Transfer, closing for conveyance of the Property shall take place not later than 90 days following City’s delivery of the Exercise Notice through an escrow with a title company of City’s choosing. The closing date may be delayed if Owner has not delivered all documents required under Section 8. City and its agents shall have the right to inspect the Property and the improvements during the period commencing upon receipt of Owner’s Notice of Intent. On the closing date for conveyance of the Property to City, Owner shall convey the Property to City by grant deed subject only to such title exceptions as City may reasonably approve. Owner shall be responsible for removal of all monetary liens and encumbrances affecting the Property unless both City and the applicable lien holder consent to City’s assumption thereof.

Closing costs shall be paid in accordance with the customary practice in Riverside County. Taxes and assessments shall be prorated as of the closing date. Taxes must be paid current as of the closing date and all liens must be satisfied and removed from title unless City expressly agrees otherwise in writing. Closing shall be contingent upon City’s receipt of a commitment for issuance of an owner’s policy of title insurance in form approved by City. City or its assignee will pay the cost of the title policy. If City elects not to exercise the Purchase Option, City shall provide written notice thereof (“City’s Response Notice”) to Owner as soon as City makes such determination, but not later than sixty (60) days following City’s receipt of Owner’s Notice of Intent to Transfer.
(c) Determination of Fair Market Value. The determination of Fair Market Value will be made as provided in this Section 6.2(c).
(i) Negotiated Agreement. City and Owner will diligently attempt in good faith to agree on the Fair Market Value on or before the date (the “Outside Agreement Date”) that is thirty (30) days following City’s delivery of the Exercise Notice.
(ii) Appraisal. If City and Owner fail to reach agreement on or before the Outside Agreement Date, the Fair Market Value of the Property shall be appraised in its as-is condition as an affordable housing project subject to the affordability and other restrictions set forth in this Agreement. Such appraisal shall be made by a licensed appraiser who is a member of the Master Appraiser Institute. The appraiser shall be selected by the City, subject to the reasonable consent of the Owner. The cost of the 1308
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appraisal shall be paid for by the Owner. If the parties are unable to agree upon an appraiser, the Fair Market Value shall be determined by an MAI appraiser with the same qualifications as set forth in this paragraph and agreed upon by an MAI appraiser selected by the City and an MAI appraiser selected by the Owner, and the cost of such appraisal shall be paid for by the Owner.
(d) Assignment; Rights of Mortgagees. The City shall have the right to assign the Purchase Option to any other governmental entity, nonprofit organization, Eligible Household, or other third party. The City or its assignee may further assign the Purchase Option to an Eligible Household or other third party. City’s exercise of the Purchase Option shall not defeat, limit or render invalid any mortgage or deed of trust permitted by this Agreement or any rights provided for in this Agreement for the protection of holders of such instruments.

7. Restrictions on Resale and Transfer of the Property Any Transfer of the Property will be subject to the provisions of this Agreement including, without limitation, the Purchase Option described in Section 6 above.
(a) Transfers. "Transfer" means any voluntary or involuntary sale, assignment or transfer of ownership or any interest in the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, tenancy in common, a life estate or other limited estate, a leasehold interest (unless approved pursuant to Section 5 of this Agreement), an interest evidenced by a land contract by which possession of the Property is transferred, and the granting of a security interest pursuant to a mortgage or deed of trust. Any Transfer without satisfaction of the provisions of this Agreement is prohibited and shall constitute a default under this Agreement for which the City may exercise the Purchase Option and/or other remedies. (b) Prohibited Transfers. “Prohibited Transfer” means any Transfer made in violation of the conditions of this Agreement, including without limitation, any refinancing or encumbrance of the Property in violation of Section 17, and any rental, sale or other transfer of the Property in violation of the terms of this Agreement. (c) Permitted Transfers. Subject to compliance with the requirements of this Section, the following Transfers are not considered Prohibited Transfers: (i) transfer of title upon an Owner’s death to a surviving joint tenant, tenant by entireties, Domestic Partner, or a surviving spouse of community property, (ii) transfer of title to a spouse as part of divorce or dissolution proceedings, (iii) transfer of title or an interest in the Property to a spouse in conjunction with marriage; and (iv) a transfer by an Owner into an inter vivos trust in which Owner is the beneficiary, trustor, and trustee; provided, however, in each case: (x) the covenants set forth in this Agreement (including without limitation, the requirement that the Property must be owner-occupied and not rented or leased without City consent pursuant to Section 5) shall continue to apply and shall run with the title to the Property following any such Transfer; and (y) an instrument must be executed, acknowledged and recorded substantially in the form attached hereto as Exhibit D in which the transferee acknowledges the transferee’s assumption of Owner’s obligations under this Agreement, the Excess Proceeds Note, and the City Deed of Trust, and which contains the following covenant completed with applicable recording information: “This Property is subject to an Affordable Housing Resale and Refinancing 1309
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Restriction Agreement with Equity Sharing and Option to Purchase dated as of __________, 20__, and recorded in the Official Records on __________20__ as Instrument No. ______, and transferee, on behalf of transferee and transferee’s successors and assigns, covenants and agrees to be bound by and comply with the requirements of the Agreement, including without limitation all restrictions on leasing, transfer and encumbrance of the Property, and to include in any further Transfer of the Property the covenant required by Section 7(c) of the Agreement.” A transferee who satisfies the conditions of this Section 7(c) shall be deemed to be the Owner hereunder and shall be obligated to satisfy all obligations of Owner under this Agreement, the Excess Proceeds Note, and the City Deed of Trust. Prior to making any of the Transfers outlined in clauses (ii), (iii), or (iv) of this Section 7(c), the Owner shall provide to the City the Owner’s Notice of Intent to Transfer pursuant to Section 8 below. Owner agrees, and shall cause the transferee to, execute and deliver in recordable form all such instruments that City may reasonably require to evidence compliance with this Section.
(d) Transfer by Inheritance. In the event a Transfer occurs by devise or inheritance due to the death of the Owner and it is not a Transfer listed in clause (i) of Section 7(c) above, the administrator of the Owner’s estate or the person inheriting the Property shall provide written notice to the City of the Owner’s death within thirty (30) days of the date of death (the “Inheritance Notice”). The Inheritance Notice shall provide the City with the name and contact information of the person inheriting the Property (the “Inheriting Owner”) and household income information for the Inheriting Owner, so that the City may determine whether the Inheriting Owner is an Eligible Household. If the Inheriting Owner qualifies as an Eligible Household, as determined by the City, he or she may assume the Owner’s interest and obligations under this Agreement, and an instrument shall be executed between the Inheriting Owner and the City and recorded against the Property, pursuant to which the Inheriting Owner shall agree to assume the obligations of the Owner under this Agreement. If the Inheriting Owner fails to qualify as an Eligible Household and/or fails to assume the Owner’s obligations under this Agreement, including without limitation, the requirement that the Property must be owner-occupied and not rented or leased without City approval pursuant to Section 5), the Inheriting Owner shall provide the Owner’s Notice of Intent to Transfer to the City pursuant to Section 8 and proceed to Transfer the Property pursuant to the requirements set forth in this Agreement. Failure of an Inheriting Owner to follow the procedures and notices described in this Section 7(d) shall constitute a default under this Agreement, entitling the City to exercise any of the remedies set forth in Section 12.2 below.

For purposes of this Section, "Domestic Partners" shall mean two unmarried people, at least eighteen (18) years of age, who have lived together continuously for at least one (1) year and who are jointly responsible for basic living expenses incurred during their domestic partnership. Domestic Partners may not be persons related to each other by blood or adoption such that their marriage would be barred in the state of California. For purposes of this Section, an individual shall be considered a Domestic Partner of Owner upon presentation of an affidavit or other acceptable evidence by Owner to the City.

8. Notice of Intent to Transfer. If Owner intends to Transfer the Property, Owner shall promptly give the City written notice of such intent (the "Owner's Notice of Intent to Transfer"), in the form shown in Exhibit C attached to this Agreement. The Owner shall give 1310
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the City the Owner's Notice of Intent to Transfer prior to notifying real estate brokers or lenders of Owner's intent to Transfer the Property and prior to advertising the Property for Sale or the listing of the Property on the Multiple Listing Service. The requirements set forth in this Section 8 and the subsections thereof apply to all sales of the Property, including sales pursuant to City’s exercise or assignment of the Option and sales to other parties if City does not elect to exercise or assign the Option.

The Owner's Notice of Intent to Transfer shall be sent to the City by certified mail, return receipt requested at the address provided in Section 23.3 of this Agreement. The Owner's Notice of Intent to Transfer shall include the information necessary for the City to determine the Appreciation Amount, including the following information:
(1) The address of the Property;
(2) The date of purchase of the Property by the Owner;
(3) The Initial Purchase Price paid by the Owner at the time of Owner’s acquisition of the Property;
(4) A copy of the HUD-1 Settlement Statement or equivalent document from the close of escrow for Owner's purchase of the Property;
(5) If Owner has made Eligible Capital Improvements to the Property that Owner wishes to include in the calculation of the Appreciation Amount and City’s Share of Appreciation, a description of the improvements, the date the improvements were made, a copy of the City letter granting prior approval of the improvements, evidence of cost of the improvements, and an appraisal of the value added to the Property by the Eligible Capital Improvements;
(6) The date on which Owner intends to vacate Property; (7) The date Property will be placed on the market; and (8) The name and phone number of the person to contact to schedule inspection of the Property by the City.

8.1 Additional Requirements. The Owner shall not contract with a real estate broker to sell the Property until the Owner has received the City Response Notice pursuant to Section

6.2(b) above, as the services of a broker will not be required if the City exercises the Purchase Option.

8.2 Preparation of the Property for Sale. Following delivery to the City of the Owner's Notice of Intent to Transfer, Owner shall prepare the Property for sale, as follows:
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(1) Within thirty (30) days of delivery of the Owner's Notice of Intent to Transfer, the Owner shall obtain and deliver to the City a current written report of inspection of the Property by a licensed structural pest control operator; (2) Within forty-five (45) days from the date of delivery of the Owner's Notice of Intent to Transfer, and in all events prior to close of escrow on the Transfer, the Owner shall cause all damage noted in the pest report including damage caused by infestation or infection by wood-destroying pests to be repaired;
(3) Commencing upon delivery of the Owner's Notice of Intent to Transfer to City, Owner shall allow the City, or its designee or assignee, to inspect the Property to determine its physical condition, and, if requested by the City, following such inspection, the Owner shall obtain and deliver to the City or its assignee, a Property inspection report prepared by a licensed Property inspector;
(4) If the Property is vacant, the Owner shall maintain the Property, including the exterior landscaping, in good condition and shall maintain utility connections until the close of escrow on the Transfer;
(5) If City exercises the Purchase Option, Owner shall permit a final walkthrough of the Property by the City, or the City's assignee or designee, in the final three (3) days prior to close of escrow for the sale.

8.3 Summary of Timeline for Transfer. The following table summarizes the timeline for Transfer of the Property under Section 6.2 (City’s exercise of Option) and under Section 9 (City does not exercise Option):

Action Timing Outside Date
Owner delivers Notice of
Intent to Transfer with the
information listed in Section 8
and Exhibit C.

Day 1
Owner delivers structural pest
report.

Not later than 30 days following delivery of
Notice of Intent to Transfer.

Day 30
Owner delivers appraisal,
inspections, documentation
regarding capital
improvements.

Not later than 45 days following delivery of
Notice of Intent to Transfer
Day 45
City delivers Notice of
Exercise of Option (or notice
that City will not exercise).

Not later than 60 days following Owner’s
delivery of Notice of Intent to Transfer
accompanied by all information required
under Section 8 and Exhibit C.

Day 60
Owner causes all required
repairs to be completed.

Within the earlier of 60 days following
delivery of Notice of Intent to Transfer, and
five days prior to close of escrow.

Day 60
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If City does not exercise
Option, Owner delivers all
information and documents
required by Section 9 that have
not been previously delivered.

Not later than 30 days prior to close of
escrow.

Day 90
Close of Escrow Within 90 days following City’s delivery of Exercise Notice or as agreed upon with
purchaser if City does not exercise Option but
not sooner than 30 days after delivery of all
documents required by Section 9.

Day 150

9. Sale of Property if City Does Not Exercise Option. If City notifies Owner that City will not exercise the Purchase Option, or the period within which City may exercise the Purchase Option pursuant to Section 6.1 (b) above expires without City’s delivery of an Exercise Notice, Owner shall provide the City with the following documentation associated with the sale of the Property:
(1) The name and address of the purchaser;
(2) The final sales contract and all other related documents which shall set forth all the terms of the sale of the Property, including a HUD-1 Settlement Statement. Said documents shall include at least the following terms: (a) the sales price; and (b) the price to be paid by the purchaser for the Owner's personal property, if any, for the services of the Owner, if any, and any credits, allowances or other consideration, if any. (3) A written certification, from the Owner and the purchaser in a form acceptable to the City that the sale shall be closed in accordance with the terms of the sales contract and other documents submitted to and approved by the City. The certification shall also provide that the purchaser or any other party has not paid and will not pay to the Owner, and the Owner has not received and will not receive from the purchaser or any other party, money or other consideration, including personal property, in addition to what is set forth in the sales contract and documents submitted to the City. The written certification shall also include a provision that in the event a Transfer is made in violation of the terms of this Agreement or false or misleading statements are made in any documents or certification submitted to the City, the City shall have the right to foreclose on the Property or file an action at law or in equity as may be appropriate. In any event, any costs, liabilities or obligations incurred by the Owner and the purchaser for the return of any moneys paid or received in violation of this Agreement or for any costs and legal expenses, shall be borne by the Owner and/or the purchaser and they shall hold the City and its designee harmless and reimburse their expenses, legal fees and costs for any action they reasonably take in good faith in enforcing the terms of this Agreement. (4) A copy of the MAI or other qualified appraisal for the Property. (5) Upon the close of the proposed sale, a copy of the final sales contract, HUD-1 Settlement Statement, escrow instructions, and any other documents which the City may reasonably request.
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10. Repayment of Initial Subsidy and Payment of Excess Proceeds to City Upon Resale, Prohibited Transfer, or Foreclosure. Upon Owner’s sale of the Property pursuant to Section 9, above, or upon the occurrence of a Prohibited Transfer or foreclosure of any lien secured by the Property, Owner shall pay to City the amount of the Initial Subsidy plus the City’s Share of Appreciation. This amount shall be a debt of the Owner to the City, evidenced by this Agreement and the Excess Proceeds Note, and secured by the City Deed of Trust. The Owner acknowledges that the City shall have no obligation to terminate or reconvey this Agreement or the City Deed of Trust until the Initial Subsidy and the City’s Share of Appreciation are paid to the City in full. The City shall use such funds for affordable housing.

11. Capital Improvements. “Eligible Capital Improvements” means improvements that meet all of the following criteria: (a) they are made or installed by the Owner following issuance of all required permits and in conformity with applicable building codes at the time of installation; (b) they are approved in writing in advance by the City or its designee; (c) they are not a replacement of existing improvements needed as part of routine maintenance of the Property, and (d) their initial costs exceed one percent (1%) of the Initial Purchase Price. A form for use in requesting City approval of a proposed capital improvement is attached to this Agreement as Exhibit E. The value of the Eligible Capital Improvements shall be limited to appraised increases in value to the Property as a result of the improvements as documented in an Authorized ECI Appraisal. The cost of the appraisal shall be paid by Owner, unless the appraisal is obtained from a new purchaser. The appraisal shall include an evaluation of the value of any substantial structural or permanent fixed improvements which the Owner has made to the Property after purchase of the Property, including any depreciation in value of the capital improvements since the time of installation.

12. Defaults and Remedies

12.1 Events of Default. The occurrence of any one or more of the following events shall constitute an Event of Default by the Owner under this Agreement:
(1) The City determines that the Owner has made a misrepresentation to obtain the benefits of purchasing the Property or in connection with its obligations under this Agreement;
(2) The Owner fails to occupy the Property as Owner’s principal residence, as required pursuant to Section 4.1 above and such failure continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice;
(3) The Owner rents or leases the Property, in violation of Section 4.1 above and such failure continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice;
(4) The Owner fails to provide information to the City necessary to determine Owner’s compliance with the requirements of this Agreement, and such failure continues 1314
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following written notice by the City and thirty (30) days opportunity to cure following the date of such notice;
(5) The Owner fails to pay property taxes or maintain the proper insurance coverage for the Property;
(6) The Owner fails to maintain the Property pursuant to adopted City codes and standards, and such failure continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice; (7) The Owner places a mortgage or encumbrance on the Property in violation of Section 17;
(8) The occurrence of any actual, attempted, or pending Prohibited Transfer of the Property or any estate or interest therein;
(9) Recordation of a notice of default and/or notice of sale pursuant to California Civil Code Section 2924 (or successor provisions) under any deed of trust or mortgage with a power of sale encumbering the Property; (10) Commencement of a judicial or nonjudicial foreclosure proceeding regarding the Property;
(11) Execution by Owner of a deed in lieu of foreclosure transferring ownership of the Property;
(12) Commencement of a proceeding or action in bankruptcy, whether voluntary or involuntary, pursuant to Title 11 of the United States Code or other bankruptcy statute, or any other insolvency, reorganization, arrangement, assignment for the benefit of creditors, receivership or trusteeship, concerning the Owner; (13) Any other default or breach of any covenant, warranty, promise or representation under this Agreement, and such default or breach continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice.
(14) A default arises under the Excess Proceeds Note or the City Deed of Trust and continues beyond the expiration of any applicable cure period.

12.2 Remedies. Upon the occurrence of an Event of Default hereunder, the City may exercise any remedies at law or in equity, including without limitation any or all of the following, none of which shall be an exclusive remedy:
(1) Declare the Initial Subsidy, the City’s Share of Appreciation, Excess Rental Proceeds if applicable, and all other sums due pursuant to this Agreement, the Excess Proceeds Note and the City Deed of Trust immediately due and 1315
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payable without further demand;
(2) Exercise the Purchase Option;
(3) Apply to a court of competent jurisdiction for an order for specific performance of this Agreement, for an injunction prohibiting a proposed Transfer in violation of this Agreement, for a declaration that a Transfer in violation of this Agreement is void, for the acceleration of all amounts due under this Agreement, or for any such other relief at law or in equity as may be appropriate;
(4) Pursue remedies under the City Deed of Trust, including foreclosure; and (5) Take such enforcement action as is authorized under the City of Eastvale Municipal Code;

12.3 Remedies Cumulative. Each of the remedies provided herein is cumulative and not exclusive. The City may exercise from time to time any rights and remedies available to it under applicable law or in equity, in addition to, and not in lieu of, any rights and remedies expressly provided in this Agreement. Any failure or delay by City in asserting any of its rights or remedies, as to any Event of Default shall not operate as a waiver of any default or of any such rights or remedies or deprive City of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies.

12.4 Lender’s Right to Cure. City shall deliver a copy of any notice of default delivered to Owner hereunder to the First Lender, and First Lender shall have the right to cure any such default within the same period afforded to Owner extended by a period of 60 days in the case of non-monetary defaults.

12.5 City Right to Reinstate Mortgages. In the event of default and foreclosure under mortgage secured by the Property, the City shall have the same right as the Owner to cure defaults and redeem the Property prior to the foreclosure sale and shall be deemed to be Owner's successor in interest under California Civil Code Section 2924c (or successor sections) solely for the purposes of reinstating any mortgage on the Property that has led to the recordation of the notice of default. As Owner's deemed successor in interest, the City shall be entitled, but not required, to pay all amounts of principal, interest, taxes, assessments, insurance premiums, advances, costs, attorneys' fees and expenses required to cure the default. Nothing herein shall be construed as creating any obligation of the City to cure any such default, nor shall this right to cure and redeem operate to extend any time limitations in the default provisions of the underlying deed of trust or mortgage. In such event, City shall have the right to exercise the Purchase Option and all amounts paid by City to reinstate the mortgage shall be deducted from the purchase price payable to Owner.

13. Non-Liability of the City; Indemnity
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13.1 Non-Liability. In no event shall the City become liable or obligated to the Owner or to any successor to the Owner by reason of the City’s Purchase Option, nor shall the City become obligated or liable to the Owner or to any successor to the Owner for any failure to exercise the Purchase Option. Owner acknowledges, understands and agrees that the relationship between Owner and the City is solely that of an owner and an administrator of a City affordable housing program, and that the City does not undertake or assume any responsibility for or duty to Owner to select, review, inspect, supervise, pass judgment on, or inform Owner of the quality, adequacy or suitability of the Property or any other matter. The City owes no duty of care to protect Owner against negligent, faulty, inadequate or defective building or construction or any condition of the Property, and Owner agrees that neither Owner, or Owner's heirs, successors or assigns shall ever claim, have or assert any right or action against the City for any loss, damage or other matter arising out of or resulting from any condition of the Property and will hold the City harmless from any liability, loss or damage for these things. Nothing contained herein shall be deemed to create or be construed to create a partnership, joint venture or any relationship other than that of an owner and an administrator of a municipal affordable housing program.

13.2 Indemnity. Owner agrees to defend, indemnify, and hold the City and its elected and appointed officers, officials, employees, and agents harmless from and against all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys’ fees that the City may incur as a direct or indirect consequence of: (a) Owner's default, performance, or failure to perform any obligations as and when required by this Agreement or the City Deed of Trust; (b) the failure at any time of any of Owner's representations to the City to be true and correct; or (c) Owner’s purchase or ownership of the Property, except to the extent arising from the gross negligence or willful misconduct of the indemnified parties. The provisions of this Section shall survive the sale or other Transfer of the Property and the termination of this Agreement.

14. Restrictions on Insurance and Foreclosure Proceeds.

14.1 Restriction on Insurance Proceeds. If the Property is damaged or destroyed and the Owner elects not to rebuild or repair the Property, the Owner shall pay to the City the portion of any insurance proceeds received by the Owner for such destruction or damage that is in excess of the amount Owner would have been entitled to receive had the Property been sold or transferred under Section 9, above at the Property’s fair market value had Owner elected to rebuild or repair the Property, up to the amount equal to sum of the Initial Subsidy plus the City’s Share of Appreciation.

14.2 Restrictions on Foreclosure Proceeds. If a creditor or other party acquires title to the Property through a deed in lieu of foreclosure, a trustee's deed upon sale, or otherwise, the City shall be entitled to receive the portion of any proceeds received by the Owner that is in excess of the amount Owner would have been entitled to receive had the Property been sold or transferred under Section 9, above, at the Property’s fair market value, up to the amount equal to sum of the Initial Subsidy plus the City’s Share of Appreciation. Owner shall pay, or shall instruct the holder of such proceeds to pay, such sums to the City (in addition to any other amounts due the City from the Owner pursuant to this Agreement). 1317
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15. Term of Agreement; Reconveyance. This Agreement shall remain in effect until all sums payable to City hereunder, including repayment of the Initial Subsidy and the City’s Share of Appreciation, and any Excess Rental Proceeds have been fully paid. Upon payment of all such sums, City shall record a termination of this Agreement and a release and reconveyance of the City Deed of Trust, and shall return the Excess Proceeds Note to Owner marked “paid.”

16. Recordation; Subordination. This Agreement shall be recorded in the Official Records.

Owner hereby represents, warrants and covenants that with the exception of easements of record, absent the written consent of City which City may grant or deny in the exercise in its sole discretion, this Agreement shall not be subordinated in priority to any lien (other than those pertaining to taxes or assessments), encumbrance, or other interest in the Property or the Project. If at the time this Agreement is recorded, any interest, lien, or encumbrance has been recorded against the Project in position superior to this Agreement, upon the request of City, Owner hereby covenants and agrees to promptly undertake all action necessary to clear such matter from title or to subordinate such interest to this Agreement consistent with the intent of and in accordance with this Section 16, and to provide such evidence thereof as City may reasonably request.

The City will not withhold consent to reasonable requests to subordination of the City Deed of Trust to the First Lender Deed of Trust, provided that City is given notices and an opportunity to cure defaults thereunder. In connection with any subordination of the City Deed of Trust, City shall record a Request for Notice of Default and Notice of Sale regarding the First Lender Loan and any refinancing thereof.

17. Refinancing; Restrictions on Financing Secured by Property. The Owner shall not permit any mortgage, deed of trust, or other security instrument to be recorded against the Property other than the First Lender Loan and any refinancing thereof that is permitted in accordance with this Section. Owner acknowledges that violation of the provisions of this Section 17 shall constitute a default under this Agreement.

17.1 City consent required. No refinancing of the mortgage debt on the Property or further encumbrance of the Property shall be permitted unless expressly approved by the City in writing, in the exercise of City’s sole discretion, pursuant to the provisions of this Section 17.

The Owner shall not cause or permit any voluntary or involuntary refinancing, encumbrance, or other hypothecation of the Property, including without limitation, any encumbrance of the Property by a mortgage or deed of trust that is recorded after this Agreement without first giving written notice to the City by delivering a written Request to Refinance in the form attached hereto as Exhibit F, and obtaining the City’s written consent. The Request to Refinance shall provide the name and address of the lender, and the proposed terms of the encumbrance, refinancing, or hypothecation. Within sixty (60) days following receipt of notice of a Request to Refinance, the City may, in its sole discretion, either (i) provide written notice of consent to the Refinance, which consent shall be consistent with the City’s goal of creating, preserving, maintaining, the affordability of the Property, or (ii) provide written notice of denial of the Request to Refinance.

17.2 Limitations. The Owner may refinance the existing mortgage debt only to reduce 1318
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the Owner’s interest rate and monthly payments of principal and interest, or to obtain funds for the purpose of financing Eligible Capital Improvements. The City’s consent to the refinancing of existing mortgage debt shall be subject to the following conditions:
(a) the refinancing shall not cause the sum of the Owner’s mortgage payments (principal and interest), property taxes, property insurance, mortgage insurance, utilities, and homeowners’ association dues (if applicable) to exceeding the Owner’s ability to pay; (b) the total of all debt secured by a lien on the Property shall not exceed the greater of (i) ninety percent (90%) of the appraised fair market value of the Property, and (ii) the remaining principal balance of the original First Lender Loan; (c) the new loan is a fully amortizing fixed rate loan and requires no balloon payments; and
(d) the refinanced First Lender Loan reduces the Owner's principal and interest payments.

17.3 Financing of Eligible Capital Improvements. Proceeds of refinancing permitted for the installation of Eligible Capital Improvements shall be deposited into an escrow account and shall only be disbursed to pay the costs of purchasing and installing the Eligible Capital Improvements. The Owner may request that the City approve an alternative disbursement mechanism reasonably calculated to provide assurance to the City that the refinancing funds are actually used to finance the Eligible Capital Improvements.

17.4 Restriction on Additional Encumbrances; Purpose of Restrictions. Mortgage loans or equity lines of credit junior in lien priority to the City Deed of Trust are not permitted. The City and the Owner agree that the requirements of this Section are necessary to ensure the continued affordability of the Property to Owner and to minimize the risk of loss of the Property by Owner through default and foreclosure of mortgage loans. Owner further acknowledges that violation of the provisions of this Section shall constitute a Default under this Agreement.

18. Nondiscrimination. The Owner covenants by and for itself and its successors and assigns that there shall be no discrimination against or segregation of a person or of a group of persons on account of race, color, religion, creed, age, disability, sex, sexual orientation, gender identity, marital status, ancestry, national origin, or any other basis listed in subdivision (a) or (d) of Section 12955 of the California Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the California Government Code in the sale, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall the Owner or any person claiming under or through the Owner establish or permit any such practice or practices of discrimination or segregation with reference to the use, occupancy, or transfer of the Property.

19. Binding on Successors; Covenants Running with the Land. Owner hereby subjects the Property to the covenants and restrictions set forth in this Agreement. Owner hereby declares its express intent that the covenants and restrictions set forth herein shall be deemed covenants 1319
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running with the land and shall pass to and be binding upon all parties having any interest in the Property throughout the term of this Agreement. Each and every contract, deed, lease or other instrument covering, conveying or otherwise transferring the Property or any interest therein, as the case may be, shall conclusively be held to have been executed, delivered and accepted subject to this Agreement regardless of whether the other party or parties to such contract have actual knowledge of this Agreement.

The Owner and the City hereby declare their understanding and intent that: (i) the covenants and restrictions contained in this Agreement shall be construed as covenants running with the land pursuant to California Civil Code Section 1468 and not as conditions which might result in forfeiture of title by Owner; (ii) the burden of the covenants and restrictions set forth in this Agreement touch and concern the Property in that the Owner's legal interest in the Property may be rendered less valuable thereby; and (iii) the benefit of the covenants and restrictions set forth in this Agreement touch and concern the land by enhancing and increasing the enjoyment and use of the Property by Eligible Purchasers, the intended beneficiaries of such covenants and restrictions.

All covenants and restrictions contained herein without regard to technical classification or designation shall be binding upon Owner for the benefit of the City and Eligible Purchasers and such covenants and restrictions shall run in favor of such parties for the entire period during which such covenants and restrictions shall be in force and effect, without regard to whether the City is an owner of any land or interest therein to which such covenants and restrictions relate.

20. Rights of Beneficiaries Under Deeds of Trusts. Notwithstanding any other provisions in this Agreement to the contrary, this Agreement shall not diminish or affect the rights of the United States Department of Urban Development ("HUD"), the Federal National Mortgage Association ("FNMA"), the Veterans Administration ("VA"), or the California Housing Finance Agency ("CalHFA") under the First Lender Deed of Trust recorded against the Property.

21. Resolution of Disputes. The Parties will attempt in good faith to resolve any dispute arising out of or relating to this Agreement in the following manner:
(i) If a dispute arises, the Parties will meet or teleconference in an attempt to resolve the dispute within fourteen (14) days following the date either Party delivers written notice of the dispute to the other Party. Prior to such meeting or teleconference, the Party bringing the dispute will submit to the other Party a written description, including any factual support, of the disputed matter. After receiving this written description, the other Party will provide a written response prior to the date of the meeting or teleconference. (ii) If the Parties are unable to resolve the dispute at the meeting or teleconference or within 30 days thereafter, and either Party is not willing to continue negotiations, the Parties agree to submit the dispute to nonbinding mediation.
(iii) If the Parties are not able to agree on a mediator, either Party may request the American Arbitration Association or other acceptable mediation service to nominate a mediator. The Parties will share the cost of the mediator equally. 1320
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(iv) In the event mediation is unsuccessful, either Party may pursue other available remedies including filing an action in Riverside County Superior Court.

22. Owner's Acknowledgement of Restrictions. Owner hereby specifically acknowledges and agrees that:
(a) The limitations on transfer, leasing, financing and refinancing of the Property, and other provisions contained in this Agreement, restrict the full benefits of owning the Property. Owner may not enjoy the same economic or other benefits from owning the Property that Owner would enjoy if this Agreement did not exist. (b) Absent the provisions of this Agreement, the Property could not be made available to Eligible Households, including Owner, at an Affordable Housing Cost. (c) Owner understands all of the provisions of this Agreement. In recognition of the acknowledgements and agreements stated in this Section 22, Owner accepts and agrees to the provisions of this Agreement with the understanding that this Agreement will remain in full force and effect as to the Property throughout the term of this Agreement. (Owners’ Initials) (Owners’ Initials)

23. Miscellaneous

23.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both Parties and recorded in the Official Records.

23.2 No Waiver. Any waiver by City of any term or provision of this Agreement must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable law. No failure or delay by City at any time to require strict performance by Owner of any provision of this Agreement or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election.

23.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt; or (iii) overnight or express delivery service, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service.
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Owner: ______________________
At the Property Address.

City: City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Attention: Community Development Department
First Lender:

23.4 Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.

Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, or principal and agent with one another.

23.5 Action by the City. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City’s Authorized Representative or by any person who shall have been designated by the City’s Authorized Representative, without further approval by the City Council.

23.6 Headings; Construction. The headings of the sections and paragraphs of this Agreement are for convenience only and shall not be used to interpret this Agreement.

References to particular sections of this Agreement shall mean a reference to all subsections thereof. The language of this Agreement shall be construed as a whole according to its fair meaning and not strictly for or against any Party. All references in this Agreement to particular statutes, regulations, ordinances or resolutions of the United States, the State of California, or the City of Eastvale shall be deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject.

23.7 Time is of the Essence. Time is of the essence in the performance of this Agreement.

23.8 Severability. If any provision of this Agreement is held invalid, illegal or unenforceable by a court of competent jurisdiction, then such provision shall be deemed severable from the remaining provisions contained in this Agreement, and the remaining provisions of this Agreement shall not be affected or impaired thereby.

23.9 Governing Law; Venue. This Agreement shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior Court of Riverside County, California or in the Federal District Court for the Central District of California. 1322
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23.10 Attorneys' Fees and Costs. If any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action.

23.11 Entire Agreement; Exhibits. This Agreement, together with the Excess Proceeds Note and the City Deed of Trust contains the entire agreement of Parties with respect to the subject matter hereof, and supersedes all prior oral or written agreements between the Parties with respect thereto. Exhibits A through H, attached hereto are incorporated herein by this reference.

23.12 Further Assurances. The parties shall execute, acknowledge and deliver to the other such other documents and instruments, and take such other actions, as either shall reasonably request as may be necessary to carry out the intent of this Agreement

23.13 Joint and Several Obligations. The obligations of each party comprising Owner shall be joint and several.

23.14 No Third-Party Beneficiaries. This Agreement shall not benefit or be enforceable by any person or entity other than the City and the Owner and their respective successors and assigns. There are no third-party beneficiaries to this Agreement.

23.15 Survival. Owner’s obligations pursuant to Section 13.2, and all other provisions that expressly so state shall survive the expiration or termination of this Agreement.

23.16 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

SIGNATURES ON FOLLOWING PAGE.
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IN WITNESS WHEREOF, the Parties have executed this Affordable Housing Resale and Refinancing Restriction Agreement with Equity Sharing and Option to Purchase as of the date first written above.

OWNER:

Name:_____________________________ Name: ______________________________ Signature:__________________________ Signature:____________________________ CITY:

City of Eastvale, a municipal corporation
__________________________________
Mark Orme, City Manager
Approved as to form:
__________________________________
Erica Vega, City Attorney

ALL SIGNATURES EXCEPT CITY ATTORNEY MUST BE NOTARIZED
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Exhibit A

LEGAL DESCRIPTION OF THE PROPERTY
[insert legal description.]
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Exhibit B

FORM OF OWNER OCCUPANCY CERTIFICATION
This form is due by February 1 of each calendar year
Date: __________________________
To: City of Eastvale ("City")
From: _____________________________________ ("Owner")
Property Address: _____________________________________ ("Property") By signature below, the undersigned _____________________ and _____________________ (collectively, “Owner”) hereby certify to the City of Eastvale under penalty of perjury as follows:
(i) I/we occupy the Property identified above as my/our principal place of residence, (ii) I/we have occupied the Property for ______________ (__) months of the calendar year 20___, and (iii) I/we have not leased or rented part or all of the Property to a third party.

Attached to this letter are copies of all of the following documents showing the Property as my/our place of residence, which I/we certify are true and correct copies of the originals:
___ Driver’s license or identification card issued by California DMV ___ Utility bill or landline telephone bill dated within the past 60 days showing street address and Owner’s name
___ Copy of payroll stub dated within the past 60 days showing street address and Owner’s name
___ Copy of most recent mortgage statement for the Property ___ Property tax assessment showing homeowner’s exemption for the Property Each of the undersigned hereby certifies that the above information is true and correct and this Owner Occupancy Certification is signed under penalty of perjury on _____________________, 20__.

OWNER:

Signature: __________________________ Signature: __________________________ Print Name: _________________________ Print Name: _________________________ Date: ____________,20__ Date: ____________,20__
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Exhibit C

FORM OF OWNER'S NOTICE OF INTENT TO TRANSFER
The Owner's Notice of Intent to Transfer (“Notice”) is delivered pursuant to the Affordable Housing Resale and Refinancing Restriction Agreement with Equity Share and Option to Purchase (“Resale Restriction Agreement”) executed by and between Owner and the City of Eastvale (“City”). Owner is required to complete and send this Notice to the City by certified mail, return receipt to the address listed below. The Notice must include the information necessary to enable the City to determine the City’s Share of Appreciation upon the sale of the Property, including the information set forth below.

To: City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Attn: Community Development Director
Date Notice mailed: ____________________20____
Owner Name(s): _______________________________________________ ("Owner") Property Address: _______________________________________________ ("Property") Date Owner purchased the Property: _____________________________________ Date Owner signed Resale Restriction Agreement: _____________________ Purchase Price Owner paid to buy the Property: ______________ (“Initial Purchase Price”) Date Property will be listed for sale: ________________________________ Date Owner intends to vacate Property: ________________________________ Contact Info for Property inspection: ________________________ __________________ (name) (phone number)
I/we agree to cooperate with City to schedule an inspection of the Property by City or its designee.
□ I/we have made Eligible Capital Improvements and have attached the required documents and approvals pursuant to Section 11 of the Resale Restriction Agreement. 1327
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Owner acknowledges that pursuant to the Resale Restriction Agreement, following Owner’s delivery of Owner's Notice of Intent to Transfer to the City, Owner is required to prepare the Property for sale, as follows:
(1) Within thirty (30) days of delivery of the Owner's Notice of Intent to Transfer, the Owner shall obtain and deliver to the City a current written report of inspection of the Property by a licensed structural pest control operator; and
(2) Within the sooner of (a) sixty (60) days from the date of delivery of the Owner's Notice of Intent to Transfer, or (b) five (5) days prior to close of escrow on the Transfer, the Owner shall repair all damage noted in the pest report including damage caused by infestation or infection by wood-destroying pests; and
(3) Within thirty (30) days of the date of the Owner's Notice of Intent to Transfer, the Owner shall allow the City, or its designee, to inspect the Property to determine its physical condition; and
(4) If requested by the City following the City 's inspection, the Owner will obtain a home inspection report from a licensed home inspector; and
(5) If the Property is vacant, the Owner shall maintain utility connections until the close of escrow on the Transfer; and
(6) The Owner shall permit a final walk-through of the Property by the City in the final three (3) days prior to close of escrow on the Transfer.

Pursuant to Section 8 of the Resale Restriction Agreement, Owner is required to attach the following documents to this Notice:
 Copy of HUD-1 Settlement Statement or equivalent document from the close of escrow on the Owner's purchase of the Property;
 If Owner has made Eligible Capital Improvements to the Property that Owner wishes to include in the City's calculation of Indexed Price, the owner shall attach ALL of the following documents to this letter:
a. Copy of letter from City granting prior approval of stated improvements b. Date of Improvements
c. Description of improvements
d. Evidence of cost of these improvements
e. Appraisal showing value added to Property by the improvements

SIGNATURES ON FOLLOWING PAGE
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Under penalty of perjury, Owner certifies that this Owner's Notice of Intent to Transfer is accurate, correct, and complete.

OWNER:

Signature: __________________________
Print Name: _________________________ Date:____________,20__ Signature: __________________________
Print Name: _________________________ Date:____________,20__ 1329
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Exhibit D
FORM OF TRANSFEREE’S ACKNOWLEDGEMENT OF RESALE RESTRICTION

AGREEMENT

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Eastvale
c/o Community Development
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
Space above this line for Recorder’s use.

TRANSFEREE’S ACKNOWLEDGEMENT OF RESALE RESTRICTION

AGREEMENT
This Acknowledgement is executed and delivered as of ____________, 20__, by ___________________ (“Transferee”) pursuant to Section 7 of that certain Affordable Housing Resale and Refinancing Restriction Agreement with Equity Sharing and Option to Purchase dated as of __________, 20__, and recorded in the Official Records of Riverside County on __________20__ as Instrument No. ______ (the “Resale Restriction Agreement”). [Include if applicable: The undersigned is the trustor, beneficiary, and trustee, of that certain inter vivos trust [insert name of trust instrument] dated _____________, 20__. ] Transferee hereby acknowledges that the Property located at ______________ Street, in the City of Eastvale, California, known as Riverside County Assessor’s Parcel No. _____ and more particularly described in Exhibit A attached hereto (the “Property”) is subject to the Resale Restriction Agreement, and Transferee, on behalf of Transferee and Transferee’s successors and assigns, covenants and agrees to be bound by and comply with the all requirements of the Resale Restriction Agreement, including without limitation all restrictions on leasing, transfer, encumbrance, and refinancing of the Property.

Transferee agrees to include in any further Transfer of the Property the covenant required by Section 7(c) of the Resale Restriction Agreement.

Transferee has executed this Acknowledgement as of the date first written above.

Signature:______________________
Print Name:_____________________
SIGNATURES MUST BE NOTARIZED.

ATTACH NOTARY ACKNOWLEDGEMENT AND LEGAL DESCRIPTION OF PROPERTY 1330
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Exhibit E

FORM OF REQUEST FOR APPROVAL OF CAPITAL IMPROVEMENTS
To: City of Eastvale ("City")
From: ______________________________________ ("Owner")
Property Address: _______________________________________ ("Property") Date: __________________, 20____
I hereby request City approval of the following capital improvements I intend to make to my Property:

Description of proposed capital improvements: ______________________________________ _____________________________________________________________________________ Estimated cost of improvements:__________________________________________________ Initial Purchase Price of the Property:______________________________________________ Improvement cost as percentage of Initial Purchase Price: _____________________________ Attach a copy of the building permit (if required).

Note: To be considered an “Eligible Capital Improvement" for the purpose of determining the City’s Share of Appreciation: (i) Owner must receive City’s advance written approval of the proposed improvements and any required building permit(s) prior to construction, and (ii) the cost of the improvements must be at least one percent (1%) of the Initial Purchase Price for the Property.

Owner must retain copies of permits, contracts, invoices, and receipts for all completed capital improvements. These documents will be necessary to establish the City’s Share of Appreciation upon the sale of the Property.

OWNER:

Signature: __________________________ Signature: __________________________ Print Name: _________________________ Print Name: _________________________ Date:____________,20__ Date:____________,20__
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Exhibit F

FORM OF OWNER REQUEST FOR SUBORDINATION TO REFINANCE

FIRST LENDER LOAN
To: City of Eastvale ("City")
Date: ___________________________, 20_____
From: _____________________________________ ("Owner")
Property Address: _____________________________________ ("Property") In accordance with Section 17 of the Affordable Housing Resale and Refinancing Restriction Agreement with Equity Sharing and Option to Purchase executed by and between Owner and City (“Resale Restriction Agreement”), Owner hereby requests City approval to refinance the existing first mortgage on the Property (the "First Lender Loan") Owner certifies that the following information is true and correct as of the date shown above:

Initial Purchase Price of the Property: $________________ Current First Lender Name and Address: ___________________________________________ ____________________________________________________________________________ Original Amount of Current First Lender Loan: $________________ Current First Lender Loan Outstanding Balance: $________________ Current First Lender Loan Interest Rate: $________________ Current First Lender Loan Maturity Date: ____________, 20__ Current First Lender Loan Monthly Payment Amount: $________________ New First Lender Name and Address: _______________________________________________ ______________________________________________________________________________ New First Lender Loan Amount: $________________
New First Lender Loan Interest Rate: $________________
New First Lender Loan Maturity Date: ____________, 20__ 1332
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New First Lender Loan Monthly Payment Amount: $________________ Note: pursuant to Section 17.2 of the Resale Restriction Agreement, the new loan amount may not exceed the greater of the outstanding balance of the original First Lender Loan and 90% of the appraised fair market value of the Property.

Under penalty of perjury, Owner hereby certifies that the above information is true and correct.

OWNER:

Signature: __________________________
Print Name: _________________________ Date:____________,20__ Signature: __________________________
Print Name: _________________________ Date:____________,20__ 1333
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Exhibit G

FORM OF EXCESS PROCEEDS NOTE
$_____________ (Initial Subsidy) Eastvale, California
Plus Shared Appreciation ____________, 20__
FOR VALUE RECEIVED, the undersigned _______________ and ________________ (collectively, the “Borrower”) promise to pay immediately when due to the order of the City of Eastvale, a municipal corporation (“City”), at 12363 Limonite Avenue, Suite 910, Eastvale, California 91752 or at any other place that may be designated in writing by the City, all sums payable to City pursuant to the Resale Restriction Agreement (defined below), including without limitation, the sum of ___________________ Dollars ($_____________) as repayment of the Initial Subsidy pursuant to Section 10 of the Resale Restriction Agreement, (ii) the City’s Share of Appreciation pursuant to Section 10 of the Resale Restriction Agreement, and (iii) Excess Rental Proceeds, if any, pursuant to Section 5.3 of the Resale Restriction Agreement. All sums due hereunder shall be payable in lawful money of the United States of America.

1. Definitions. As used herein, the following terms shall have the meanings set forth in this Section. Capitalized terms used without definition in this Note shall have the meanings ascribed to such terms in the Resale Restriction Agreement. “Appreciation Amount” means the difference between (a) the resale price of the Property (or, if applicable, the fair market value of the Property at the time of any Prohibited Transfer if the Property is not sold, or the sale price of the Property at any foreclosure sale), and (b) the Initial Market Value, minus the appraised value of any Eligible Capital Improvements. “City Deed of Trust” means that certain Deed of Trust, Assignment of Rents and Security Agreement dated as of the date hereof, executed by Borrower as Trustor for the benefit of the City and recorded against the Property to secure repayment of this Note and performance under the Resale Restriction Agreement.
“City Documents” means collectively this Note, the City Deed of Trust, and the Resale Restriction Agreement.
“City’s Equity Share Percentage” means the percentage equal to the Initial Subsidy divided by the Initial Market Value. The City’s Equity Share Percentage is _____________ percent (____%).
“City’s Share of Appreciation” means the amount calculated by multiplying the City’s Equity Share Percentage by the Appreciation Amount.
“Eligible Capital Improvements” is defined in Section 11 of the Resale Restriction Agreement.
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“Event of Default” is defined in Section 9 of this Note. “Excess Rental Proceeds” is defined in Section 5.2 of the Resale Restriction Agreement. “Initial Market Value” means the fair market value of the Property at the time of Borrower’s acquisition of the Property. The Initial Market Value of the Property is _____________________ Dollars ($________).
“Initial Purchase Price” means ____________________ Dollars ($______) which is the below market-rate purchase price that Borrower paid or will pay to acquire the Property. In accordance with the Density Bonus Statute, the Initial Purchase Price was set at a price resulting in Affordable Housing Cost (as defined in the Resale Restriction Agreement). “Initial Subsidy” means the amount equal to the Initial Market Value minus the Initial Purchase Price plus the amount of any down payment assistance or mortgage assistance provided to Borrower by the City. The amount of the Initial Subsidy is stated in the first paragraph of this Note.
“Note” means this Excess Proceeds Promissory Note, as it may be amended, modified or supplemented from time to time.
“Permitted Transfer” means a Transfer permitted in accordance with Section 7 of the Resale Restriction Agreement.
“Prohibited Transfer” is defined in Section 7 of the Resale Restriction Agreement. “Property” means the property located at ______________ Street in the City of Eastvale together with the improvements located thereon, as more particularly described in Exhibit A attached to the City Deed of Trust.
“Resale Restriction Agreement” means that certain Affordable Housing Resale and Refinancing Restriction Agreement with Equity Share and Option to Purchase executed by and between City and Borrower, dated as of the date of this Note and recorded in the Official Records of Riverside County.
“Security” is defined in the City Deed of Trust.
“Transfer” means any voluntary or involuntary sale, assignment or transfer of ownership or any interest in the Property, including, but not limited to, a fee simple interest, a joint tenancy interest, tenancy in common, a life estate or other limited estate, a leasehold interest (unless approved pursuant to Section 5 of the Resale Restriction Agreement), an interest evidenced by a land contract by which possession of the Property is transferred, and the granting of a security interest pursuant to a mortgage or deed of trust. 1335
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2. Financing Pursuant to City’s Affordable Housing Program; Borrower’s Obligation to Comply with Program Regulations and Repay Initial Subsidy, Shared Appreciation, and Excess Rental Proceeds. This Note is made and delivered pursuant to, and in implementation of, the City’s Affordable Housing Density Bonus Program, pursuant to which, the City, in order to assist Borrower to purchase the Property, has arranged for the sale of the Property to Borrower at a below market price. Borrower acknowledges Borrower’s obligation to comply with the requirements of the City Documents and the City’s Program Guidelines.

Concurrently with the execution of this Note, Borrower shall execute the City Deed of Trust and the Resale Restriction Agreement, each of which shall be recorded against the Property. The Resale Restriction Agreement requires the Property to be owner-occupied, and obligates Borrower to pay to the City Excess Rental Proceeds in connection with any rental or lease of the Property in violation of the Resale Restriction Agreement. Pursuant to the Resale Restriction Agreement, upon the sale, Prohibited Transfer, foreclosure, or any other Transfer of the Property other than a Permitted Transfer, Borrower is obligated to repay to City the Initial Subsidy, City’s Share of Appreciation, and any unpaid balance of Excess Rental Proceeds. If the Appreciation Amount is determined to be zero or less than zero, only the Initial Subsidy and any unpaid Excess Rental Proceeds shall be due and payable.

3. Repayment. The Initial Subsidy, any unpaid balance of Excess Rental Proceeds, and City’s Share of Appreciation, calculated in accordance with the Resale Restriction Agreement, shall be immediately due and payable in full upon the occurrence of a sale, Prohibited Transfer, foreclosure, or any other Transfer of the Property other than a Permitted Transfer or upon the occurrence of a default by Borrower under any City Document that remains uncured beyond the applicable cure period. City’s failure to declare such amounts due in any instance shall not constitute a waiver on the part of the City to declare them due in the future.

Borrower will pay to City all sums owing under this Note without deduction, offset, or counterclaim of any kind.

4. Default Rate of Interest. If any sum payable to City pursuant to the Resale Restriction Agreement or this Note is not paid to City within ten (10) days of the due date thereof, then interest shall accrue on such sum at a rate equal to the lesser of ten percent (10%) interest per annum, compounded annually, or the maximum rate permitted by law.

5. Prepayment;. This Note may not be prepaid in whole or in part. [Allow prepayment in full after ___ years?]

6. Due on Sale or Transfer; No Assumption. This Note is not assumable except in accordance with Section 7 of the Resale Restriction Agreement in connection with a Permitted Transfer.

7. Security. This Note is secured by the City Deed of Trust. The holder of this Note will be entitled to the benefits of the security provided by the City Deed of Trust and will have the right to enforce the covenants and agreements of Borrower contained therein and in the Resale Restriction Agreement.

8. Transfer. Borrower shall not Transfer, lease, sell, assign, refinance, encumber or convey any interest in the Property without complying with all requirements of the Resale 1336
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Restriction Agreement. Borrower’s failure to comply with the requirements of this paragraph shall be a Default under this Note.

9. Events of Default. The occurrence of any one or more of the following shall constitute an Event of Default hereunder:
(1) The City determines that the Borrower has made a misrepresentation to obtain the benefits of purchasing the Property or in connection with its obligations under the City Documents;
(2) The Borrower fails to occupy the Property as Borrower’s principal residence, as required pursuant to the Resale Restriction Agreement, and such failure continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice; (3) The Borrower rents or leases the Property, in violation of the Resale Restriction Agreement, and such failure continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice; (4) The Borrower fails to provide information to the City necessary to determine Borrower’s compliance with the requirements of the Resale Restriction Agreement, and such failure continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice;
(5) The Borrower fails to pay property taxes or maintain the insurance coverage required for the Property pursuant to the Resale Restriction Agreement and the City Deed of Trust; (6) The Borrower fails to maintain the Property pursuant to adopted City codes and standards, and such failure continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice;
(7) The Borrower places a mortgage or encumbrance on the Property in violation of the Resale Restriction Agreement;
(8) The occurrence of any actual, attempted, or pending Prohibited Transfer of the Property or any estate or interest therein;
(9) Recordation of a notice of default and/or notice of sale pursuant to California Civil Code Section 2924 (or successor provisions) under any deed of trust or mortgage with a power of sale encumbering the Property;
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(10) Commencement of a judicial or nonjudicial foreclosure proceeding regarding the Property;
(11) Execution by Borrower of a deed in lieu of foreclosure transferring ownership of the Property;
(12) Commencement of a proceeding or action in bankruptcy, whether voluntary or involuntary, pursuant to Title 11 of the United States Code or other bankruptcy statute, or any other insolvency, reorganization, arrangement, assignment for the benefit of creditors, receivership or trusteeship, concerning the Borrower;
(13) Any other default or breach of any covenant, warranty, promise or representation under the City Documents, and such default or breach continues following written notice by the City and thirty (30) days opportunity to cure following the date of such notice.

10. Remedies. Upon the occurrence of an Event of Default, the giving of any required notice thereof, and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
a. Declare all of the sums payable under this Note to be immediately due and payable without further demand.
b. Pursue the exercise of the power of sale provided under the City Deed of Trust.
c. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, and without regard to the adequacy of its security, enter upon the Property and take possession thereof (or any part thereof) and of any of the Security in its own name or in the name of the Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, or protect the security thereof. The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach, and notwithstanding the continuance in possession of the Property, the City shall be entitled to exercise every remedy provided by the City Documents or by law, upon the occurrence of any uncured breach.
d. Commence an action to foreclose the City Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants set forth in the City Documents. 1338
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e. Exercise its option to purchase the Property pursuant to the Resale Restriction Agreement.
f. Exercise all other rights and remedies provided herein or in any other City Document.
g. Exercise any other remedy provided by law or in equity.

The rights and remedies of the City hereunder are cumulative, and the City’s exercise or failure to exercise one or more of such rights or remedies shall not preclude City’s exercise, at the same time or different times, of any other right or remedy for the same default or any other default.

11. Borrower’s Personal Liability. Borrower will be fully and personally liable for all loss, cost, liability, damage and expense (including without limitation attorneys’ fees) suffered or incurred by City arising from any of the following:
a. Failure to pay taxes, assessments, and any other charges that could result in liens against any portion of the Property or any other Security. b. Failure to pay and discharge any mechanics’ liens, materialmen’s liens, or other unpermitted liens against any portion of the Property or any other Security. c. Borrower’s fraud or intentional misrepresentation with respect to any representations, warranties, or certifications made in or pursuant to the City Documents or in connection with Borrower’s application to participate in the City’s affordable housing program. d. Borrower’s retention or use of insurance proceeds, condemnation awards, or other similar funds or payments attributable to the Property or any other Security that pursuant to the City Documents should have been paid to City or used for another purpose. e. Waste of the Property, or any other failure to maintain, repair, or restore any portion of the Property or any other Security in accordance with the requirements of the City Documents.
f. The failure of the City Documents to constitute a lien or security interest, as applicable, on the Property or any other Security, subject only to those exceptions, if any, permitted by the City Documents or otherwise approved in writing by City.

Nothing in this paragraph will affect or limit the rights of City to enforce any of City’s rights or remedies with respect to any portion of the Property or any other Security.

12. Borrower’s Waivers. Borrower hereby expressly waives diligence, presentment, protest, and demand, and notice of protest, notice of dishonor and notice of nonpayment of this Note, and expressly waives any rights to be released by reason of any extension of time or change in terms of payment, or change, alteration or release of any security given for the payments hereof, and expressly waives the right to plead any and all statutes of limitation as a defense to any demand on this Note.
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13. Notices. All notices, requests, demands, reports or other communications regarding this Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested; addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:

To Borrower: At the Property address.

To City: City of Eastvale
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752
Attention: Community Development Department
Any notice that is personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of delivery thereof.

14. Assignment by Lender; Successors and Assigns. This Note shall be binding upon Borrower and Borrower’s heirs, successors and assigns; provided however, Borrower may not assign this Note without City’s prior written consent except as may be permitted in accordance with the Resale Restriction Agreement. City may assign its rights to receive the proceeds under this Note to any person or entity without the consent of Borrower, and upon notice to Borrower of such assignment, all payments shall be made to the assignee.

15. No Joint Venture. The relationship of Borrower and City under this Note is solely that of a participant and administrator of an affordable housing program, and in no manner are the City and the Borrower partners or joint venturers, nor do any of the City Documents establish a principal and agent relationship between City and Borrower.

16. Attorneys’ Fees and Costs. If any legal action is filed to interpret or enforce this Note, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein. Borrower agrees to pay all costs and expenses (including reasonable attorneys’ fees) that City may incur in connection with enforcement of this Note and collection of sums payable hereunder whether or not suit is filed.

17. No Third-Party Beneficiaries. This Note shall not benefit or be enforceable by any person or entity except the City and the Borrower and their respective successors and assigns.

18. Entire Agreement; Amendments. This Note, together with the Resale Restriction Agreement and the City Deed of Trust, sets forth the entire understanding between Borrower and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Resale 1340
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Restriction Agreement, this Note and City Deed of Trust whether written or oral, are superseded by the terms of the Resale Restriction Agreement, this Note and the City Deed of Trust. This Note may be modified or amended only by a written instrument duly executed by City and Borrower.

19. No Waiver. Any waiver of any term or provision of this Note must be in writing. No waiver of any breach, default or failure of condition under this Note or any other City Document shall be implied from City’s failure or delay in declaring a default or exercising any of City’s rights or remedies with respect to such breach, default or failure, or from any previous waiver of any similar or unrelated breach, default or failure, nor shall acceptance by City of any payment hereunder constitute a waiver of City’s right to require prompt payment of any remaining amounts owed. Without limiting the generality of the foregoing, City’s failure or delay in declaring any amount due hereunder shall not constitute a waiver of City’s right to declare such sum due for the same or any subsequent event that triggers Borrower’s payment obligations hereunder.

20. Severability. If any provision of this Note shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Note shall not be affected or impaired thereby.

21. Controlling Law and Venue. The terms of this Note shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Note was entered into and is to be performed in the County of Riverside, California which is the exclusive venue for any action or dispute arising hereunder.

22. Captions. All captions and headings in this Note are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of the provisions of this Note.

23. Joint and Several. The obligations of each signatory to this Note shall be joint and several.

24. Time of the Essence. Time is of the essence with regard to all matters contained in this Note.

IN WITNESS WHEREOF, Borrower has executed and delivered this Note as of the date first written above.

BORROWER:

By: _____________________________
Print Name:________________________
By: ______________________________
Print Name:________________________
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Exhibit H

FORM OF CITY DEED OF TRUST

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Eastvale
c/o Community Development
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752

EXEMPT FROM RECORDING FEES PER
GOVERNMENT CODE §27383
Space above this line for Recorder’s use.

Escrow No. _____________
Property Address: __________________
APN: _______________

DEED OF TRUST, ASSIGNMENT OF RENTS

AND SECURITY AGREEMENT

THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND SECURITY
AGREEMENT (“Deed of Trust”) is made as of ________________, 20__, by _____________________ and _________________ (collectively, “Trustor”) as Trustor, to [________________ Title Company] [the City of Eastvale, a municipal corporation] (“Trustee”) as Trustee, for the benefit of the City of Eastvale, a municipal corporation (the “City”) as Beneficiary.

The Trustor, in consideration of the indebtedness and promises herein recited, and the trust herein created, irrevocably and unconditionally grants, transfers, conveys and assigns to Trustee, in trust for the benefit of City, with power of sale and right of entry and possession, all of Trustor’s right, title and interest now held or hereafter acquired in and to the property located in the City of Eastvale, County of Riverside, State of California, described in the attached Exhibit A and more commonly known as: ________________ Street, Eastvale, California (the “Property”);
TOGETHER with the rents, issues, and profits of such Property, subject however, to the right, power, and authority granted and conferred on City in this Deed of Trust to collect and apply the rents, issues, and profits; and
TOGETHER with all the improvements now or hereafter erected on the Property, and all easements, rights of way, and appurtenances thereto, and all fixtures now or hereafter attached to the Property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by this Deed of Trust; 1342
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All of the foregoing, together with the Property, is herein collectively referred to as the “Security.”
TO HAVE AND TO HOLD the Security, together with acquittances, to the Trustee, its successors and assigns forever;
TO SECURE to the City the payment of the sums, and the performance of the covenants and agreements of the Trustor evidenced by (i) that certain Affordable Housing Resale and Refinancing Restriction Agreement with Equity Sharing and Option to Purchase executed by and between Trustor and City, dated as of the date hereof and recorded substantially concurrently herewith (the “Resale Restriction Agreement”), and (ii) that certain Excess Proceeds Promissory Note (the “City Note”) dated as of the date hereof and executed by Trustor for the benefit of City, pursuant to which Trustor is obligated to repay to the City (i) the Initial Subsidy in the amount of _______________________ Dollars ($_______), (ii) City’s Share of Appreciation, and (iii) Excess Rental Proceeds as defined in the Resale Restriction Agreement, and all extensions, modifications, or renewals of the City Note and the Resale Restriction Agreement. The City Note and the Resale Restriction Agreement are incorporated herein by this reference; and
TO SECURE the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Deed of Trust and the performance of the covenants and agreements of Trustor herein contained.

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows:

1. Trustor’s Estate. Trustor represents and warrants that Trustor is lawfully seized of the estate hereby conveyed, has the right to grant and convey the Security, and that other than this Deed of Trust, the Security is encumbered only by: (1) that certain deed of trust executed by Trustor and recorded against the Property substantially concurrently herewith to secure repayment of a loan made by ________________________ (the “First Mortgage Lender”) to assist Trustor in the purchase of the Property and evidenced by a promissory note executed by Trustor in favor of the First Mortgage Lender in the original principal amount of ____________________ Dollars ($__________) (the “First Mortgage Note”), and (2) the Resale Restriction Agreement. Trustor agrees to warrant and defend generally the title to the Security against all claims and demands, subject to any declarations, easements or restrictions listed in a schedule of exceptions to coverage in any title insurance policy insuring the City’s interest in the Security, and Trustor shall pay all costs and expenses, including cost of evidence of title and attorneys’ fees in a reasonable sum, in any such action or proceeding in which City or Trustee may appear, and in any suit brought by City to foreclose this Deed of Trust. As used in this Deed of Trust, the term “First Mortgage Lender” shall include all successors and assigns of the First Mortgage Lender with respect to the First Mortgage Note. 1343
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2. City Note and Resale Restriction Agreement. Trustor will promptly pay when due all sums payable pursuant to the City Note and shall perform all of Trustor’s covenants and obligations under the City Note, the Resale Restriction Agreement, and this Deed of Trust.

3. Charges and Liens. Trustor will promptly pay when due, the interest, principal, and all other charges accruing under any deed of trust, mortgage, or other instrument encumbering the Property, and will pay when due directly to the payee thereof all taxes, assessments and other charges, fines and impositions affecting the Property. Upon request by the City, Trustor will promptly furnish to the City copies of all notices of amounts due described in this Section and evidence of payment of such amounts. Trustor shall pay when due each obligation secured by or reducible to a lien, charge or encumbrance which now does or later may encumber or appear to encumber all or part of the Property or any interest therein, whether or not such lien, charge or encumbrance is or would be senior or subordinate to this Deed of Trust; provided however, Trustor will not be required to discharge the lien of the deed of trust securing the First Mortgage Note (the “First Mortgage Deed of Trust”), and Trustor will not be required to pay any tax, charge, lien or assessment described in this Section so long as Trustor is actively contesting its validity in good faith and by appropriate legal proceedings that will operate to prevent the enforcement of the lien or forfeiture of the Property or any part thereof. Trustor shall post security for the payment of such contested claims as may be requested by the City.

4. Protection of Security. If Trustor fails to perform any of the covenants and agreements set forth in this Deed of Trust, or if any action or proceeding is commenced that materially affects City’s interest in the Property, including, but not limited to, default under any senior lienholder document, eminent domain, insolvency, code enforcement, arrangements or proceedings involving a bankrupt or decedent, foreclosure of any mortgage secured by the Property or sale of the Property under a power of sale of any instrument secured by the Property, City, at its option, without releasing Trustor from any obligation hereunder, may upon notice to Trustor, make such appearance, disburse such sums and take such action as is necessary to protect City’s interest, including, but not limited to, the purchase of insurance, disbursement of reasonable attorneys’ fees and entry upon the Property to make repairs. Any amounts disbursed by City pursuant to this Section, with interest thereon, shall become additional indebtedness of Trustor secured by this Deed of Trust. Unless Trustor and City agree to other terms of payment, such amounts shall be payable upon notice from City to Trustor requesting payment thereof, and shall bear interest from the date of disbursement at the highest rate permissible under applicable law. Nothing contained in this Section shall require City to incur any expense or take any action hereunder.

5. Inspection. The City may make, or cause to be made, reasonable entries upon the Property and inspections of the Security; provided that the City will give Trustor reasonable notice of inspection.

6. Title Insurance. At Trustor’s expense, Trustor shall purchase a CLTA lender’s policy of title insurance for the benefit of City, insuring this Deed of Trust as a secondary lien on the Property, with no delinquent taxes or assessment liens appearing as exceptions to title. 1344
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7. Hazard Insurance. Trustor shall keep the Property insured by a standard all-risk property insurance policy with endorsements for vandalism, malicious mischief, and special extended perils, in the full replacement value of the improvements, and with endorsements for increases in costs due to changes in code and inflation, with loss payable to City and any superior trust deed holder, as their interests may appear, and any other insurance required by the City.

The insurance carrier providing such insurance shall be licensed to do business in the State of California and may be chosen by Trustor, subject to approval by City. All insurance policies and renewals thereof shall be in a form acceptable to the City, and shall include a standard mortgagee clause with standard lender's endorsement in favor of the holder of any senior lien and the City as their interests may appear and in a form acceptable to the City.

Trustor shall provide City with copies of all policies and renewals thereof, certificates of insurance, all renewal notices and all receipts of paid premiums. In the event of loss, Trustor shall give prompt notice to the insurance carrier and the City or its designated agent. The City, or its designated agent, may make proof of loss if not made promptly by Trustor. The policies shall include an endorsement providing that City shall receive thirty (30) days’ advance written notice of the cancellation, expiration or termination or any material change in the coverage afforded by any of the insurance policies required under this Section.

If the Property is acquired by the City, all right, title and interest of Trustor in and to any insurance policy and in and to the proceeds thereof resulting from damage to the Property prior to the sale or acquisition will pass to the City to the extent of the sums secured by this Deed of Trust immediately prior to such sale or acquisition, subject to the rights of the holder of any senior lien.

Renewal policies and any replacement policies, together with premium receipts satisfactory to the City, shall be delivered to the City at least thirty (30) days prior to the expiration of existing policies. Neither Trustee nor the City shall by reason of accepting, rejecting, approving or obtaining insurance incur any liability for the existence, nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for payment of losses. The application of proceeds pursuant to this Section shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice.

8. Awards and Damages. Subject to the rights of senior lienholders, all judgments, awards of damages, settlements and compensation made in connection with or in lieu of (a) taking of all or any part of or any interest in the Property by or under assertion of the power of eminent domain, (b) any damage to or destruction of the Property or any part thereof by insured casualty, and (c) any other injury or damage to all or any part of the Property, are hereby assigned to and shall be applied to the restoration or repair of the Property (if applicable) or paid to the City. The City is authorized and empowered (but not required) to collect and receive any such sums and is authorized to apply them in whole or in part upon any indebtedness or obligation secured hereby, in such order and manner as the City shall determine at its option.

The City shall be entitled to settle and adjust all claims under insurance policies provided under 1345
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this Deed of Trust and may deduct and retain from the proceeds of such insurance the amount of all expenses incurred by it in connection with any such settlement or adjustment. All or any part of the amounts so collected and recovered by the City may be released to Trustor upon such conditions as the City may impose for its disposition. Application of all or any part of the amounts collected and received by the City or the release thereof shall not cure or waive any default under this Deed of Trust. If the Property is abandoned by Trustor, or if, after notice by City or its designated agent to Trustor that the condemnor or insurer offers to make an award or settle a claim for damages, Trustor fails to respond to City within thirty (30) days after the date such notice is mailed, City or its designated agent is authorized to collect and apply the proceeds, at City’s option, either to restoration or repair of the Property or to the sums secured by this Deed of Trust.

9. Maintenance. Trustor shall maintain the Property and all structures and landscaping thereon in good condition and repair. Trustor agrees to complete installation of landscaping as approved by the City, and to diligently maintain and care for installed landscaping, using generally accepted methods of cultivation and watering. Trustor shall not remove or demolish any building located on the Property, and agrees to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon, and to pay when due all claims for labor performed and materials furnished therefor, and to comply with all laws affecting the Property or requiring any alterations or improvements to be made thereon. Trustor shall not commit or permit waste thereof, and shall not commit or permit any act upon the Property in violation of applicable laws. Trustor will comply with all applicable laws, ordinances and governmental regulations affecting the Property or requiring any alteration or improvement thereof, and will not suffer or permit any violations of any such law, ordinance or governmental regulation, nor of any covenant, condition or restriction affecting the Property. If there arises a condition in contravention of this Section, and if the Trustor has not cured such condition within thirty (30) days after receiving a notice from City of such a condition, then in addition to any other rights available to City, City shall have the right (but not the obligation) to perform all acts necessary to cure such condition, and to establish or enforce a lien or other encumbrance against the Property to recover its cost of cure.

10. Occupancy. Trustor shall occupy the Property as Trustor’s primary residence, and the Property shall be used as the primary residence of Trustor and Trustor’s household and for no other purpose. The Property shall not be leased or rented by Trustor to any person or entity other than as expressly permitted by the Resale Restriction Agreement. The City shall have the right to monitor whether the Property is owner-occupied by requesting that Trustor provide City with a written certification under penalty of perjury that the Property is owneroccupied, accompanied by supporting documentation reasonably satisfactory to the City.

11. Transfer. Trustor shall not transfer, lease, sell, assign, refinance, encumber or convey any interest in the Property without complying with all requirements of the Resale Restriction Agreement.

12. Assignment of Rents. Trustor hereby irrevocably, absolutely, presently and unconditionally assigns to City the rents, issues, revenue and profits of the Property. This is an 1346
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absolute assignment and not an assignment for security only. Subject to the limitations on lease or rental of the Property as set forth herein and in the Resale Restriction Agreement, City hereby confers upon Trustor a license to collect and retain such rents, issues, revenue and profits, as they become due and payable prior to any Default hereunder. Upon the occurrence of any such Default, City may terminate such license without notice to or demand upon Trustor and without regard to the adequacy of any security for the indebtedness hereby secured, and may either in person, by agent, or by a receiver to be appointed by a court, enter upon and take possession of the Property or any part thereof, and sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorneys’ fees, to any indebtedness secured hereby, and in such order as City may determine. City’s right to the rents, issues, revenue and profits of the Property does not depend upon whether or not City takes possession of the Property. The entering upon and taking possession of the Property, the collection of such rents, issues, revenue and profits, and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. If a Default occurs while City is in possession of all or part of the Property and/or is collecting and applying rents as permitted under this Deed of Trust, City, Trustee and any receiver shall nevertheless be entitled to exercise and invoke every right and remedy afforded any of them under this Deed of Trust and at law or in equity, including the right to exercise the power of sale granted hereunder.

Regardless of whether or not City, in person or by agent, takes actual possession of the Property, City shall not be deemed to be a “mortgagee in possession,” shall not be responsible for performing any obligation of the lessor under any lease, shall not be liable in any manner for the Property, or the use, occupancy, enjoyment or operation of any part of it , and unless due solely to the willful misconduct or gross negligence of City, shall not be responsible for any dangerous or defective condition of the Property or any negligence in the management, repair or control of the Property.

13. Default. An event of default (“Default”) shall arise hereunder upon the occurrence of any one or more of the following and the expiration of any applicable cure period:
(a) Trustor fails to occupy the Property as Trustor’s principal residence; (b) The sale, conveyance, encumbrance, refinance, assignment or other transfer of the Property including without limitation, the lease or rental of the Property in violation of the Resale Restriction Agreement; (c) An event of default arises under the City Note or the Resale Restriction Agreement and such default remains uncured following the expiration of any applicable cure period;
(d) Trustor fails to pay when due any sum payable pursuant to the City Note, the Resale Restriction Agreement or this Deed of Trust; (e) The Property is refinanced or encumbered in violation of the Resale Restriction Agreement or this Deed of Trust;
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(f) Trustor fails to maintain insurance on the Property as required by the Resale Restriction Agreement and this Deed of Trust,
(g) Subject to Trustor’s right to contest the following charges, Trustor fails to pay prior to delinquency taxes or assessments due on the Property or fails to pay when due any other charge that may result in a lien on the Property, and Trustor fails to cure such default within twenty (20) days of date of delinquency, but in all events upon the imposition of any such tax or other lien;
(h) Trustor declares bankruptcy or makes an assignment of assets for the benefit of creditors, or an order for relief is entered under federal bankruptcy laws as to Trustor, or Trustor is adjudicated as insolvent or bankrupt pursuant to the provisions of any state or federal insolvency or bankruptcy, or Trustor consents to, acquiesces in, or attempts to secure the appointment of, any receiver for all or any substantial part of the Property; (i) The occurrence of an event of default under any loan secured by the Property and the continuance of such default beyond the expiration of all applicable cure periods such that the holder of such loan has the right to accelerate such loan.
(j) Trustor fails to observe or perform any other covenant, condition, or agreement to be observed or performed by Trustor pursuant to the City Note, the Resale Restriction Agreement or this Deed of Trust.

14. Remedies. Upon the occurrence of a Default, the giving of notice thereof and the expiration of any applicable cure period, City may, at its option, exercise any one or more of the following remedies:
a. Declare all of the sums payable under the City Note to be immediately due and payable without further demand.
b. Pursue the exercise of the power of sale provided under this Deed of Trust. c. Either in person or by agent, with or without bringing any action or proceeding, or by a receiver appointed by a court, enter upon, take possession thereof (or any part thereof) and of any of the Security, in its own name or in the name of Trustee, and do any acts which it deems necessary or desirable to preserve the value or marketability of the Property, or part thereof or interest therein, increase the income therefrom, or protect the security thereof.

The entering upon and taking possession of the Security shall not cure or waive any breach hereunder or invalidate any act done in response to such breach and, notwithstanding the continuance in possession of the Security, the City shall be entitled to exercise every right and remedy provided under the City Note, this Deed of Trust, or the Resale Restriction Agreement, or by law upon the occurrence of any uncured breach.
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d. Commence an action to foreclose this Deed of Trust as a mortgage, appoint a receiver, or specifically enforce any of the covenants hereof. e. Exercise its option to purchase the Property pursuant to the Resale Restriction Agreement.
f. Exercise all other rights and remedies provided herein, in the instruments by which the Trustor acquires title to any Security, or in any other document or agreement now or hereafter evidencing, creating or securing all or any portion of the obligations secured hereby. g. Exercise any other remedy provided by law or in equity.

15. Acceleration and Sale.
(a) Notice of Default. Upon Trustor’s breach of any covenant or agreement of Trustor under the City Note, the Resale Restriction Agreement or this Deed of Trust, City shall mail notice to Trustor as provided in Section 24 hereof specifying: (i) the nature of the breach; (ii) the action required to cure such breach; (iii) a date no less than thirty (30) days from the date the notice is mailed to Trustor by which such breach must be cured or such shorter cure period as may be provided in the City Note, the Resale Restriction Agreement or this Deed of Trust; and (iv) that failure to cure such breach on or before the date specified in the notice may result in acceleration of the Loan and the sale of the Property. The notice shall further inform Trustor of Trustor’s right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Trustor to acceleration and sale. If the breach is not cured on or before the date specified in the notice, City at City’s option declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and/or pursue any other remedy provided herein or available under law. City shall be entitled to collect from the Trustor, or from the proceeds of the sale of the Property, all reasonable costs and expenses incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable attorneys’ fees.

If a non-monetary default is not reasonably capable of being cured within thirty (30) days, the City, in its sole and absolute discretion, may grant the Trustor or the First Mortgage Lender such additional time as is reasonably necessary to cure the default provided that the Trustor or the First Mortgage Lender (i) initiates corrective action within said period, and (ii) diligently, continually, and in good faith works to effect a cure as soon as possible.

Notwithstanding the cure periods established in this Section, in no event shall the City be precluded from sooner exercising any remedies if its security becomes or is about to become materially jeopardized by any failure to cure a default or the default is not cured within ninety (90) days after the first notice of default or delinquency is given. 1349
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(b) Trustor’s Right to Reinstate. Notwithstanding City’s acceleration of the sums secured by this Deed of Trust, Trustor will have the right to have any proceedings begun by City to enforce this Deed of Trust discontinued at any time prior to five (5) days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of the judgment enforcing this Deed of Trust if: (a) Trustor pays City all sums which would be then due under this Deed of Trust and the City Note had no acceleration occurred; (b) Trustor pays all reasonable expenses incurred by City and Trustee in enforcing the covenants and agreements of Trustor contained in this Deed of Trust, including, but not limited to, reasonable attorneys’ fees; (c) Trustor cures all breaches of any other covenants or agreements of Trustor set forth in the Resale Restriction Agreement and this Deed of Trust; and (d) Trustor takes such action as City may reasonably require to assure that the lien of this Deed of Trust, City’s interest in the Property and Trustor’s obligation to pay the sums and perform the obligations secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Trustor, this Deed of Trust and the obligations secured hereby will remain in full force and effect as if no acceleration had occurred.
(c) Sale. After delivery to Trustee of a Notice of Default and Demand for Sale and after the expiration of such time and the giving of such notice of default and sale as may then be required by law, and without demand on Trustor, Trustee shall sell the Property at the time and place of sale fixed by it in said notice of sale, at public auction to the highest bidder for cash in lawful money of the United States of America, payable at time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at such time and place of sale and from time to time thereafter may postpone such sale by public announcement at the time and place fixed by the preceding postponement. Any person, including Trustor, Trustee or the City, may purchase at such sale. Upon such sale by Trustee it shall deliver to such purchaser its deed conveying the Property so sold, but without any covenant or warranty expressed or implied. The recitals in such deed of any matters or facts shall be conclusive proof of their truthfulness. Upon sale by Trustee and after deducting all costs, expenses and fees of Trustee, Trustee shall apply the proceeds of sale to the payment of the indebtedness hereby secured, including without limitation the indebtedness evidenced by the City Note, any advances made or costs or expenses paid or incurred by City under this Deed of Trust, any indebtedness evidenced by any other instrument hereby secured, and all other sums then secured hereby, including without limitation, interest as provided in the City Note and the Resale Restriction Agreement, in such order as the City shall direct; and then the remainder, if any, shall be paid to the person or persons legally entitled thereto.

16. Remedies Cumulative; No Waiver. No exercise of any right or remedy by the City or Trustee hereunder shall constitute a waiver of any other right or remedy herein contained or provided by law, and no delay or forbearance by the City or Trustee in exercising any such right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof in any continued or subsequent default hereunder. All remedies provided in this Deed of Trust are distinct and cumulative to any other right or remedy under this Deed of Trust or any other document, or afforded by law or equity, and may be exercised concurrently, independently or successively. No sale of the Property, forbearance on the part of City, or extension of the time for payment of the indebtedness hereby secured shall operate to release, discharge, waive, modify, change or affect the liability of Trustor either in whole or in part. 1350
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17. Indemnity. Trustor agrees to defend, indemnify, and hold the City of Eastvale and its elected and appointed, officers, officials, employees, agents, contractors and consultants harmless from all losses, damages, liabilities, claims, actions, judgments, costs, and reasonable attorneys’ fees that they may incur as a direct or indirect consequence of: (i) Trustor’s failure to perform any obligations as and when required by the City Note, the Resale Restriction Agreement, and this Deed of Trust; or (ii) the failure at any time of any of Trustor’s representations or warranties herein or in the Resale Restriction Agreement or the City Note to be true and correct.

18. Due on Transfer of the Property. If the Trustor sells, conveys, assigns, transfers, alienates, or otherwise disposes of its interest in the Property, either voluntarily or involuntarily or by operation of law, in part or in full, in violation of the Resale Restriction Agreement, the City may, at its option, require immediate payment in full of all sums due under the City Note.

19. Reconveyance. Upon payment of all sums and satisfaction of all obligations secured by this Deed of Trust, including without limitation, payment of the Initial Subsidy, City’s Share of Appreciation, and any unpaid balance of Excess Rental Proceeds, and upon the expiration or termination of the Resale Restriction Agreement, the City will provide a written request to the Trustee to reconvey the Security and will surrender this Deed of Trust and the City Note to Trustee. The Trustee shall reconvey the Security without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness thereof.

20. Trustee Substitution. The City, at its option and without prior notice, may from time to time, by written instrument, remove the Trustee and appoint a successor trustee pursuant to a written instrument executed by City and duly acknowledged and recorded in the Official Records of Riverside County. Such instrument shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the predecessor Trustee, succeed to all the title, estate, power and duties conferred upon the Trustee herein and by applicable law. Such instrument shall set forth the name of the Trustor, the original Trustee and the Beneficiary hereunder, the book and page where this Deed of Trust is recorded, and the name and address of the new Trustee.

21. City’s Rights to Release. Without affecting the liability of any person for payment of any indebtedness hereby secured (other than any person released pursuant hereto), including without limitation any one or more endorsers or guarantors, and without affecting the lien hereof upon any of the Property not released pursuant hereto, at any time and from time to time without notice: (a) City may in its sole discretion: (i) release any person now or hereafter liable for payment of any or all such indebtedness, (ii) extend the time for or agree to alter the terms of payment of any or all of such indebtedness, and (iii) release or accept additional security for such indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting pursuant to the written request of the City, may reconvey all or any part of the Property, consent to the 1351
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making of any map or plot of the Land, join in granting any easement thereon, or join in any extension agreement of any agreement subordinating the lien or charge hereof.

22. Subordination. Notwithstanding any provision herein, this Deed of Trust shall not diminish or affect the rights of the First Mortgage Lender (defined in Section 1 above) under the First Mortgage Deed of Trust (defined in Section 3 above). Further, this Deed of Trust and the City Note are expressly subordinate to the First Mortgage Deed of Trust and the First Mortgage loan documents.

23. Request for Notice. City requests that copies of any notice of default and notice of sale affecting the Property be sent to City at its address set forth herein. City shall record a Request for Notice of Default and Sale.

24. Notices. All notices, requests, demands, reports or other communications regarding this City Note shall be in writing and delivered: (i) personally; or (ii) by independent, reputable, overnight commercial courier; or (iii) by deposit in the United States mail, postage and fees fully prepaid, registered or certified mail, with return receipt requested, and addressed as follows, or to such other address as specified in written notice delivered to the parties pursuant to this Section:

To Trustor: At the Property address.

25. Successors Bound. The terms of this Deed of Trust shall be binding upon the Trustor and the Trustor’s heirs, legatees, devisees, administrators, executors, successors and assigns.

26. Attorneys’ Fees and Costs. If any legal action is filed to enforce or interpret this Deed of Trust, or the interpretation or enforcement thereof, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, costs and expenses incurred therein.

27. No Waiver. Any waiver of any term or provision of this Deed of Trust must be in writing. No waiver shall be implied from any delay or failure by City to take action on any breach or default hereunder or to pursue any remedy allowed under this Deed of Trust or applicable law. No failure or delay by City at any time to require strict performance of any provision of this Deed of Trust or to exercise any election contained herein or any right, power or remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach of the same or any other provision hereof or a relinquishment for the future of such election. 1352
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28. No Third-Party Beneficiaries. This Deed of Trust shall not benefit or be enforceable by any person or entity except the City, the Trustee, and the Trustor and their respective successors and assigns.

29. Entire Agreement. This Deed of Trust, together with the Resale Restriction Agreement and the City Note, sets forth the entire understanding between Trustor and the City with respect to the subject matter hereof. Any previous representations, warranties, agreements, and understandings among the parties regarding the subject matter of the Resale Restriction Agreement, this Deed of Trust and City Note whether written or oral, are superseded by the terms of the Resale Restriction Agreement, the City Note and this Deed of Trust.

30. Amendments. This Deed of Trust shall not be amended except by a written instrument duly executed by Trustor and Beneficiary and recorded in the Official Records of Riverside County.

31. Severability. If any provision of this Deed of Trust shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Deed of Trust shall not be affected or impaired thereby.

32. Controlling Law and Venue. The terms of this Deed of Trust shall be interpreted under the laws of the State of California without regard to principles of conflicts of law. This Deed of Trust was entered into and is to be performed in the County of Riverside, California, which is the exclusive venue for any action or dispute arising out of this Deed of Trust.

33. Captions. All captions and headings in this Deed of Trust are for the purposes of reference and convenience and shall be disregarded for all other purposes, including the construction or enforcement of any of provisions thereof.

34. Joint and Several. The obligations of each signatory to this Deed of Trust shall be joint and several.

35. Time of the Essence. Time is of the essence with regard to all matters contained in this Deed of Trust.

SIGNATURES ON FOLLOWING PAGE.
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IN WITNESS WHEREOF, Trustor has executed this Deed of Trust as of the date first written above.

TRUSTOR:

By:_________________________________
Print Name:__________________________
By:_________________________________
Print Name:__________________________
SIGNATURES MUST BE NOTARIZED.
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ACKNOWLEDGMENT
State of California )
County of Riverside )
On , 20__, before me, ___________________________________, (Name of Notary Public)
personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.
______________________________
Signature of Notary Public
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
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I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

PROPERTY DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

EASTVALE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
[Insert legal description.]
APN:

ADDRESS:
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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, APPROVING THE DENSITY BONUS, VESTING TENTATIVE TRACT MAP NO. 39022, AND THE MASTER SITE PLANNING AND ARCHITECTURE OF A 76 UNIT SINGLE

FAMILY RESIDENTIAL COMMUNITY, WITH PARKING AREAS, LANDSCAPING, AND

OPEN SPACE LOCATED AT THE SOUTHEAST CORNER OF ARCHIBALD AVENUE AND GRAPEWIN STREET. ASSESSORS PARCEL NUMBERS 130-070-021, 130-070- 015, AND 130-080-004.

WHEREAS, the Planning Department of the City of Eastvale received an application (PLN24-20053) on June 27, 2024, from Warmington Residential California, Inc. (the “Applicant”) requesting approval of Vesting Tentative Tract Map 39022 , Major Development Review, and a density bonus agreement to allow for the construction of a new 76-unit single family residential community, four (4) of which are proposed as onsite very low-income affordable units with associated parking areas, landscaping, and open space (the “Project”); and WHEREAS, the proposed project (Project No. PLN24-20053) is considered a “Project” as defined by the California Environmental Quality Act, Public Resources Code Section 21000 et seq.; and
WHEREAS, review of the proposed project with respect to the proposed uses was evaluated in a Section 15183 Exemption Report and the General Plan Environmental Impact Report (State Clearinghouse No.2022080090), because the implementation of the proposed project would not result in new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the General Plan EIR, no additional environmental review beyond a Section 15183 Exemption Report is necessary; however, a Notice of Exemption will be filed following any action taken on the project; and
WHEREAS, the Housing Accountability Act (HAA) provides that “a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan.” In such cases, the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning district that is consistent with the general plan; and
WHEREAS, the R-1 (One Family Dwelling) zoning designation is consistent with the General Plan land use designation for the property of Single-Family Low and the objective standards and criteria applicable within the R-1 district will apply to the project; and WHEREAS, the applicant has filed for a 20% Density Bonus per Section 120.05.090(b)(2) and (d)(1)(b) of the Eastvale Municipal Code by setting aside at least five percent (5%) of the total units before the density bonus is granted within the project for very-low income households. The 1358
California Density Bonus law (Government Code section 65915) allows developers whose projects qualify for a density bonus to request the city waive any development standards that “will have the effect of physically precluding the construction” of the project at the density permitted by the Density Bonus Law; and
WHEREAS, the applicant proposes setting aside 4 of the maximum 66 units permitted under the general plan density for the 8.3 acre site (approximately 6% of the units) for purchase by very low income households, making the project eligible for a 20% increase in density, or up to 80 units on the 8.3 acre site, thought the developer is proposing 76 units. The developer has requested eleven development standard waivers (i.e., lot size, lot width, lot depth, side interior setback, side street setback, fence height, street width, Residential Design Guideline No. 7); and WHEREAS, the State Density Bonus law does not provide the City with discretion to deny a density bonus request if that request is consistent with the requirements of the State Density Bonus law, and a request to waive development standards that physically preclude the construction of the project can only be denied if “the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact”; and
WHEREAS, on March 9, 2025, the City of Eastvale City Clerk published a legal notice in compliance with state law concerning PLN24-20053 in the Press Enterprise, a local newspaper of general circulation, regarding the Planning Commission meeting on March 19, 2025. In addition, on March 6, 2025, a public hearing notice was also mailed to commercial tenants and residents within a 600-foot radius of the projects site indicating time, date, and place of the public hearing for PLN24-20053; and
WHEREAS, the City of Eastvale Planning Commission conducted a duly noticed public hearing on March 19, 2025, at which time it received public testimony concerning Project No.

PLN24-20053 and recommended the Eastvale City Council approve the proposed Vesting Tentative Tract Map, Major Development Review for the master site planning and architecture of the Project and Density Bonus Agreement; and
WHEREAS, on April 13, 2025, the City of Eastvale City Clerk published a legal notice in compliance with state law concerning PLN24-20053 in the Press Enterprise, a local newspaper of general circulation, regarding the City Council meeting on April 23, 2025. In addition, on April 10, 2025, a public hearing notice was also mailed to commercial tenants and residents within a 600- foot radius of the projects site indicating time, date, and place of the public hearing for PLN24- 20053; and
WHEREAS, the City of Eastvale City Council conducted a duly noticed public hearing on April 23, 2025, at which time it received public testimony concerning Project No. PLN24-20053 and considered the proposed Vesting Tentative Tract Map, Major Development Review for the master site planning and architecture of the Project and Density Bonus Agreement. 1359

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

SECTION 1. ENVIRONMENTAL FINDINGS
Pursuant to the California Environmental Quality Act, including Public Resources Code Sections 21080(e) and 21082.2, and based on the record and/or as provided at the public hearing, the City Council hereby finds and determines that the project was adequately analyzed according to the CEQA Guidelines, as supported by the following Findings and Evidence:

Finding 1: The proposed project is exempt from further environmental review requirements.

Evidence: Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183, because implementation of the proposed project would not result in impacts that are peculiar to the project site and the proposed project would not result in new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the General Plan EIR (SCH # 2022080090), no additional environmental review beyond a Section 15183 Exemption Report is required for the proposed project. A Section 15183 Exemption Report was prepared for the project supporting this conclusion, a copy of which is included in the record for this project and incorporated herein by reference. As such, no further CEQA documentation would be warranted for the proposed project pursuant to CEQA Guidelines Section 15183.

SECTION 2. FINDINGS FOR VESTING TENTATIVE TRACT MAP NO. 39022 Pursuant to Eastvale Subdivision Ordinance No. 460, the staff report dated April 23, 2025, and all evidence and testimony heard at the public hearing of this item, the City Council hereby finds and determines as follows:

Finding 1: Vesting Tentative Tract Map No. 39022 is consistent with the City’s General Plan and any applicable specific plan as specified in Government Code Section 65451.

Evidence: The proposed project and its design and improvements will be consistent with the Single-Family Low designation of the General Plan and are otherwise consistent with all other elements of the General Plan and any applicable specific plans. The proposed subdivision of land will create 76 single family residential lots, four (4) open space lots for water quality purposes, and five (5) lots for private street purposes consistent with the various provisions of the General Plan. While 76 units exceeds the density permitted on the site under the General Plan, the project is utilizing the State of California’s Density Bonus Law to allow for an increase in density of up to a twenty percent (20%) . The maximum unit yield for the 8.3-acre site using the Single-Family Low General Plan density and the State density bonus 1360
is 80 units, and the applicant is proposing to develop 76 units on the site; therefore, the Vesting Tentative map reflects the allowable density under Density Bonus Law.

Finding 2: The design or improvement of the proposed subdivision is consistent with the City’s General Plan and any applicable specific plan.

Evidence: The proposed project is designed to meet all City standards applicable to residential development within the Single-Family Low land use designation and R1 zoning district, except where a waiver is being granted pursuant to the State Density Bonus law, including street widths, drainage, utilities, lot size and configuration, grading, required dedications and providing satisfactory pedestrian and vehicular circulation, emergency vehicle access and on- and off-site public improvements.

Finding 3: The site is physically suitable for the type and proposed density of development.

Evidence: The site is physically suitable for the type and density of the proposed development. The proposed site consists of approximately 8.3-acres of land and is physically suitable for the proposed development, where access to the site will be from Archibald Avenue. The current General Plan land use designation of the project site is Single-Family Low, which applies to residential areas characterized by single-family housing. The General Plan density would allow up to 8 dwelling units per acres (du/ac). The proposed density is 9.16 du/ac, which would be permitted through Density Bonus Law through a separate density bonus agreement. The proposed density is below the Density Bonus Law provisions in the California Density Bonus Law for low-income projects (20-percent density bonus) which allows 9.64 du/ac on the project site. The applicant has submitted a conceptual development plan which illustrates that single-family dwelling units can be constructed on this 8.3-acre site without adversely affecting the health, safety, or welfare of anyone who will live within the development or anyone living within the surrounding community. Further, the infrastructure and utilities either already serve the site or can be readily expanded to serve the site, and there are no intractable topographical peculiarities associated with the physical character of the property that may prevent the development of seventy-six (76) lots with single family dwellings, four (4) for water quality purposes and five (5) for private street purposes.

Finding 4: The design of the subdivision or proposed improvements is not likely to cause significant environmental damage or substantially and avoidably injure fish or wildlife or their habitat.

Evidence: A Biological Resources assessment dated January 2025 and Western Riverside County MSHCP Consistency Determination dated January 31, 2025, were 1361
prepared for the proposed project. In said documents no sensitive vegetation communities, potentially jurisdictional areas, special-status plant species or MSHCP riparian/riverine areas were observed on site. Further no Burrowing Owel were observed. Several special-status wildlife species were audibly detected both on and off site and six special-status wildlife species have a low potential to occur and were not observed on site. However, site development conditions such as biological resource monitoring, preconstruction nesting bird surveys, preconstruction Burrowing Owl surveys, Kangaroo Rat Mitigation Fees, and implementing best management practices were identified and conditioned on the project to avoid or mitigate any potential significant effects on the environment to a point below the threshold of significance. As conditioned, the project will not have a significant effect on the environment or substantially and avoidably injure fish or wildlife or their habitat.

Finding 5: The design of the subdivision or type of improvements is not likely to cause serious public health problems.

Evidence: The design of the subdivision is in conformance with the City’s General Plan, Zoning Code, and Subdivision Ordinance to the extent permitted under the HAA and State Density Bonus Law. Accordingly, the subdivision and improvements will comply with all applicable local, state, and federal laws to ensure the public’s general health, safety, and welfare.

Finding 6: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision.

Evidence: The design of the subdivision and type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Upon review of the project by the Engineering Division, there is no, known conflict with any easements, or right-ofways an all in-tract streets are to be private streets with access easements for emergency personnel only.

SECTION 3. FINDINGS FOR MAJOR DEVELOPMENT REVIEW PLN24-20053 Pursuant to Section 120.02.010(c)(6) of the Eastvale Municipal Code, and in light of the record before it, including the staff report dated April 23, 2025, and all evidence and testimony heard at the public hearing of this item, the City Council hereby finds and determines as follows:

Finding 1: The proposed project is consistent with the objectives of the general Plan and complies with applicable zoning regulations, specific plan provisions, special planning area provisions, design guidelines, and improvement standards adopted by the city.
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Evidence: The General Plan land use designation of the proposed site is Single Family-low.

The Single Family-Low land use designation allows for the development of singlefamily residential development with a maximum density of eight (8) dwelling units per acre. Therefore, the proposed project would be consistent with the General Plan designation for the site with the application of State Density Bonus Law and will further the objectives of the General Plan. Finally, the proposed project would be consistent with the surrounding area and is consistent with the General Plan and Zoning to the extent permittable under the provisions of the HAA and State Density Bonus law.

Finding 2: The proposed architecture, site design, and landscape are suitable for the purposes of the building and site and will enhance the character of the neighborhood and community.

Evidence: The proposed project has been designed to conform to the logical pattern of development as envisioned by the Eastvale General Plan and has been designed to satisfy the General Plan design policies. The project has been designed with high-quality urban design, architecture and landscaping that includes landscape streetscapes, three architectural styles (i.e., Cottage, Farmhouse, Monterey), and connectivity between existing street networks for pedestrian and bicyclists.

Finally, the project has been designed to meet the requirements and development standards of the Eastvale Zoning Code to the extent permitted under the HAA and State Density Bonus law. For these reasons, the proposed project, as conditioned will enhance the character of the neighborhood and community.

Finding 3: The architecture, including the character, scale, and quality of design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting, and signing and similar elements, establishes a clear design concept and is compatible with the character of buildings on adjoining and nearby properties.

Evidence: The architectural theme of the proposed single-family residential units are consistent with the surrounding neighborhoods in terms of character, scale, and quality to the extent allowed under the HAA and State Density Bonus law. These standards focus on high quality design and articulation to provide visual interest and variety. The buildings include board and batten, shutters, flower boxes, decorative vents and exterior lights as examples of variation of materials designed to complement the exterior plaster and building finishes. Thus, the proposed design is consistent with the Eastvale Zoning Code and the General Plan.

Finding 4: The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.
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Evidence: The proposed project is conditioned to ensure adequate circulation to and from the site. All streets have been designed to handle the type and quantity of vehicular traffic associated with the proposed project. As conditioned, the project will include sidewalks and pedestrian and bicycle connections that will not create conflicts with motorized vehicles. Finally, the City Engineer, Riverside County Sheriff’s, and Fire Department have reviewed the proposed project access and onsite circulation design and do not have any concerns.

Finding 5: The proposed project is consistent with the most recently adopted version of the Chino Airport Land Use Compatibility Plan.

Evidence: The project site is not within the Chino Airport Influence Area.

SECTION 4. STATE DENSITY BONUS LAW
Pursuant to Section 120.05.090 of the Eastvale Municipal Code and the State Density Bonus law, and in light of the record before it, including the staff report dated April 23, 2025, and all evidence and testimony heard at the public hearing of this item, the City Council hereby finds and determines that the project as proposed satisfies the eligibility criteria for a 20% density increase by setting aside at least 5% of the units permitted prior to the density bonus for verylow income households, and that the requested development standard waivers would not have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

SECTION 5. MULTIPLE SPECIES HABITAT CONSERVATION PLAN (MSHCP) The project is found to be consistent with the MSHCP. The project is located outside of any MSHCP criteria area, and mitigation is provided through payment of the MSHCP Mitigation Fee.

SECTION 6. RECORD OF PROCEEDING
The documents and other materials that constitute the record of the proceedings upon which the City Council’s decision is based, which include but are not limited to the staff reports as well as all materials that support the staff reports for the proposed project, are located in the City Clerk’s office of the City of Eastvale at 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752.

The custodian of these documents is the City Clerk of the City of Eastvale. 1364
SECTION 7. DETERMINATION
Based upon the findings outlined in Sections 1 through 5, the City Council of the City of Eastvale hereby approves PLN24-20053, the density bonus agreement between the City and applicant, Vesting Tentative Tract Map 39022 to subdivide three (3) existing residential lots totally 8.3 acres (7.9 net acres) into 76 single family residential lots with four (4) of the residential units proposed as affordable to very-low income, four (4) lots for water quality and open spaces purposes, and five (5) lots for private street purposes as well as the master site planning and architecture of the new residential community inclusive of parking, landscaping, and open space for the project site located at 8312 Grapewin and 8330 Archibald Avenue. 1365
PASSED, APPROVED AND ADOPTED this 23rd day of April, 2025. ________________________________
Mike McMinn
Mayor
APPROVED AS TO FORM: ATTEST:
____________________________ ________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk

STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE)
I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 25-XX, was duly adopted by the City Council of the City of Eastvale, California, at a regular meeting held on the 23rd day of April 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________________
Marc A. Donohue, MMC
City Clerk
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Eastvale City Council
Project No. PLN24-20053 – Warmington Residential California Vesting Tentative Tract Map 39022 Conditions of Approval Page 1 of 31

CONDITIONS OF APPROVAL
Planning Application Number and Description: Project No. 24-20053 – Vesting Tentative Tract Map No. 39022 allows to subdivide three (3) existing residential lots totaling 8.3- acres (7.9 net acres) into 76 residential lots, four (4) for water quality and open space purposes and five (5) for private street purposes. The project site is located at 8312 Grapewin Street and 8330 Archibald Avenue.

Assessor’s Parcel Numbers: 130-070-021, 130-070-015, and 130-080-004 City Council Approval Date:

Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
General Conditions

1. The applicant shall review and sign below verifying the “Acceptance of the Conditions of Approval” and return the signed page to the Eastvale Planning Department. Project approval is not final until a signed copy of these conditions is filed with the City.

Applicant Signature Date
Must be
completed to
finalize approval
Planning
Division

2. In compliance with Section 15075 of the California
Environmental Quality Act (CEQA) Guidelines, a Notice of Determination (NOE) shall be filed with the Riverside County Clerk within five (5) days of project approval. The NOE shall include the required California Department of Fish and
Wildlife (CDFW) (Code Section 711.4.d.3) fee and the
Riverside County Clerk administrative fee.

Five (5) days
from project
approval
Planning
Division

3. The applicant shall indemnify, protect, defend, and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and
instrumentalities thereof, from any and all claims, demands, Ongoing Planning
Division
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law suits, writs of mandamus, and other actions and
proceedings (whether legal, equitable, declaratory,
administrative or adjudicatory in nature), and alternative dispute resolutions procedures (including but not limited to arbitrations, mediations, and other such procedures)
(collectively "Actions"), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under CEQA, the Planning and
Zoning Law, the Subdivisions Map Act, Code of Civil
Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction. It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City's defense and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.

4. Vesting Tentative Tract Map 39022 is granted for a period of two years, until April 23, 2027, at which time said Map shall expire unless prior to the expiration date, either the final map has recorded or a written request for time extension,
accompanied by the appropriate fee, is received by the
Ongoing Public Works
Department
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Planning Division.

5. Development shall occur substantially as shown on the plans approved by the Planning Commission and on file with the Community Development Department. The applicant shall
obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Amended entitlement approvals may be necessary as a result.

Ongoing Planning
Division

6. All applicable Major Development Review conditions of approval (PLN24-20053) shall be incorporated herein by
reference.

Ongoing Planning
Division

7. Final lot configurations shall be reviewed and approved by the Community Development Director and City Engineer prior to recordation of any portion of Vesting Tentative Tract Map 39022.

Ongoing Planning &
Public Works
Divisions

8. Approval of this request shall not excuse compliance with all other applicable City ordinances and development standards in effect at this time.

Ongoing Planning, Public
Works, and
Building
Divisions

9. The applicant shall comply with all provisions of SB 330 Ongoing Planning Division

10. This project is subject to compliance with Jurupa Community Services District’s rules, regulations, conditions,
requirements, and payment of appropriate fees.

Ongoing Jurupa
Community
Services District
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11. Remove all graffiti within 24 hours pre-construction, during construction, and after a Certificate of Occupancy is issued.

Ongoing Public Works
Department

12. Provide street sweeping services for onsite and offsite within project frontages weekly.

Ongoing Public Works
Department

13. A City of Eastvale Encroachment Permit is required for any improvements within the public right-of-way.

Ongoing Public Works
Department

14. All street cuts for utilities shall be repaired in accordance with City Standard or as recommended; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accord by the City Engineer and with the Standard Specifications for Public Work Construction (“Greenbook”). The base course material shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface
until permanent cap paving occurs using an acceptable surface course material.

Ongoing Public Works
Department

15. In accordance with City's Moratorium policy to preserve newly paved streets, any and all street and/or trench cuts in newly paved streets will be prohibited or be subject to moratorium street repair standards as reference in Section

12.08.260 of the Eastvale Municipal Code.

Ongoing Public Works
Department

16. Any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development shall be backfilled and
repaired in accordance with City of Eastvale Standard
Ongoing Public Works
Department
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Drawings. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Jurupa Community Services District, Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets resulting from the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than what existed prior to construction of the proposed development.

17. Construction signing, lighting and barricading shall be provided during all phases of construction in accordance with City Standards and the direction of the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic
Control” of the latest California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.

Ongoing Public Works
Department

18. If human remains are encountered, California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the county coroner has made the necessary findings as to origin. Further, pursuant to California Public Resources Code Section 5097.98(b), remains shall be left in Ongoing Planning
Division
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place and free from disturbance until a final decision as to the treatment and disposition has been made.

Following discovery and during assessment of the remains, work will be diverted at least 50 feet from the burial. The discovery shall be kept confidential, and secure to prevent disturbance. If left overnight, remains will be covered with a muslin cloth and steel plate over the excavation to protect the remains. If this method of protection is not feasible, a guard will be posted.

If the Riverside County coroner determines the remains to be of Native American origin, the NAHC must be contacted by the coroner within 24 hours of the coroner’s determination.

The NAHC must then immediately identify the most likely descendants(s) for purposes of receiving notification of discovery. The most likely descendant(s) shall then make recommendations within 48 hours from the time that site access is granted and engage in consultation concerning the treatment of the remains as provided in Public Resources Code Section 507.98.

19. If cultural resources are encountered during grounddisturbing activities, work in the immediate area shall cease and an archaeologist meeting the Secretary of the Interior’s Professional Qualifications Standards for Archaeology shall be contacted immediately to evaluate the find(s). If the discovery proves to be significant under the California Environment Quality Act, additional work such as data
Ongoing Planning
Division
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recovery excavation may be warranted and shall be reported to the City.

20. To ensure consistency with the goals and objectives of the Western Riverside County MSHCP, the proposed project will adhere to MSHCP Appendix C, Standard Best Management
Practices.

To be
Implemented by
the Applicant
During
Construction
Planning
Division

21. The project shall comply with all recommendations
contained in the project-specific Geotechnical Evaluation.

Ongoing Planning
Division

22. A water system (residential hydrants with one 4” outlet and on 2-1/2” outlets) capable of delivering the required fire flow shall be provided in accordance with Appendix B and C of the California Fire Code shall be provided. On-site water supply must be available before any combustible materials is place on the construction site. No portion of a building can be more than 600 feet from a hydrant.

Ongoing Riverside County
Fire Department

23. Parking is not permitted on fire apparatus access roads that are less than 32 feet in width. Parking on one side is permitted on a road that is at least 32 feet but less than 40 feet in width.

Parking on two sides is permitted on a road that is 40 feet or more in width.

Ongoing Riverside County
Fire Department

24. Fire apparatus access roads shall be constructed with a surface to provide all-weather driving capabilities during
Ongoing Riverside County
Fire Department
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construction. See Riverside County Fire Department
Guideline OFM-01A, Section 9.

25. Dead-end fire apparatus access roads more than 150 feet in length shall be provided with an approved area for turning around fire apparatus.

Ongoing Riverside County
Fire Department

26. Traffic Calming Devices are prohibited. Requests for installation of traffic calming design devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal. Reference CFC 503.4.1.

Ongoing Riverside County
Fire Department

27. An approved source of water for firefighting and fire apparatus access roads, complying with Riverside County Fire
Department Guideline OFM-01B and Riverside County Fire
Department Guideline OFM-01A, shall be established and
inspected by Riverside County Fire Department prior to
building permit issuance
Ongoing Riverside County
Fire Department

28. The protocols and stipulations that the contractor, City, consulting tribe(s), and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation, include the following.

1. During the original cutting of previously undisturbed deposits, the archaeological and tribal monitors (if
applicable) shall be on-site, as determined by the
To be
Implemented by
the Applicant
During
Construction
Planning
Division
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consulting archaeologist, to monitor excavations. The
frequency of inspections will depend upon the rate of
excavation, the materials excavated, and the presence and abundance of artifacts and features. The consulting
archaeologist shall have the authority to modify the
monitoring program if the potential for cultural resources appears to be less than anticipated.

2. Isolates and clearly non-significant deposits will be minimally documented in the field so the monitored
grading can proceed.

3. In the event that previously unidentified cultural resources are discovered, the archaeologist shall have the authority to divert or temporarily halt ground disturbance operation in the area of discovery to allow for the evaluation of potentially significant cultural resources. The
archaeologist shall contact the City at the time of
discovery. The archaeologist, in consultation with the
City, shall determine the significance of the discovered resources. The City must concur with the evaluation
before construction activities will be allowed to resume in the affected area. For significant cultural resources, a research design and data recovery program to mitigate
impacts shall be implemented by the consulting
archaeologist and approved by the City before being
carried out using professional archaeological methods. If any human bones are discovered, the County coroner and
City shall be contacted. In the event that the remains are determined to be of Native American origin, the Most
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Likely Descendant (as identified by the Native American Heritage Commission) shall be contacted in order to
determine proper treatment and disposition of the remains.

29. One or more of the following treatments, in order of preference, shall be used in the event of a cultural resources discovery:

1. Preservation-in-place. Avoidance, or preservation-inplace, involves leaving a resource where it was found with no development affecting its integrity. Pursuant to Public Resources Code Section 21083.2(b), avoidance is the
preferred method of preservation for archaeological and cultural resources.

2. Reburial on the project site in an area not subject to future disturbance. Reburial of a resource shall include
provisions to protect the selected reburial area from any future impacts in perpetuity. Reburial shall not occur
until all required cataloging and basic recording have
been completed, with the exception of sacred items,
burial goods, and Native American human remains. Any
To be
Implemented by
the Applicant
During
Construction
Planning
Division
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reburial process shall be culturally appropriate. The
listing of contents and the location of the reburial shall be included in a confidential Final Monitoring Report (refer to SDC CUL-6).

If preservation-in-place or reburial is not feasible, all cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards in a Riverside County curation facility that meets the Office of Historic Preservation Guidelines for the Curation of Archaeological Resources (California Office of Historic Preservation 1993). The
collections and associated records shall be transferred, including title, and accompanied by payment of the fees necessary for permanent curation.

Prior to Grading Permit

30. The developer shall prepare an address blocking exhibit with the proposed addressing and street names for review and approval by the Planning Division. This plan, including updates to the plan, shall include addressing for buildings (primary address and units) and utilities such as but not limited to electrical/water/single/dual irrigation meter pedestal(s) or temporary power poles.

Prior to Grading
Permit Issuance
Planning
Division

31. Street names shall be approved by the Community
Development Director. Suggested street names and
alternatives shall be submitted in writing to the Community Development Director for approval. Phonic similarity with Prior to Grading
Permit Issuance
Planning and
Building
Divisions
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existing street names should be avoided.

32. A qualified biological monitor shall be present to monitor all vegetation removal to ensure no direct impacts occur to wildlife species.

Prior to Grading
Permit Issuance
Planning
Division

33. Prior to issuance of the grading permit, the project applicant shall pay the Stephens’ kangaroo rat mitigation fee pursuant to City Ordinance No. 663, which requires a fee of $500 per gross acre.

Prior to Grading
Permit Issuance
Planning
Division

34. Prior to ground disturbances that would impact potentially suitable nesting habitat for avian species, the project applicant shall adhere to the following:

1. Vegetation removal activities shall be scheduled outside the nesting season (September 1 to February 14 for
songbirds; September 1 to January 14 for raptors) to the extent feasible to avoid potential impacts to nesting birds protected by the Migratory Bird Treaty Act and
California Fish and Game Code Sections 3503, 3503.5,
and 3513.

2. Any construction activities that occur during the typical nesting season (February 15 to August 31 for songbirds; January 15 to August 31 for raptors) will require that all suitable habitat, on-site and within 300 feet surrounding the site (as feasible), be thoroughly surveyed by a
qualified biologist for the presence of nesting birds before commencement of ground disturbance activities. If active nests are identified, the qualified biologist would
Prior to Grading
Permit Issuance
Planning
Division
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establish an appropriate buffer around the vegetation. All work within these buffers would be halted until the
nesting effort is complete (i.e., the juveniles are surviving independent from the nest) as determined by the qualified biologist. Work can resume within these areas when no
other active nests are found. Alternatively, a qualified biologist may determine that construction can be
permitted within the buffer area and would develop a
monitoring plan to prevent any impacts while the nest
continues to be active (e.g., presence of eggs, chicks, or adult nesting behavior). Upon completion of the survey
and any follow-up construction avoidance management,
a report shall be prepared and submitted to City for
mitigation monitoring compliance record keeping.

35. In accordance with MSHCP species-specific objective #6 for burrowing owl, a preconstruction survey for burrowing owl shall be conducted within 30 days prior to ground disturbance by a qualified biologist where suitable habitat is present within the study area (project site and surrounding 500-foot buffer). If active burrowing owl burrows are detected during the breeding season (March 1 through August 31), all work within 300 feet of any active burrow will be halted until that nesting effort is finished as determined by a qualified biologist. Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season (September 1 through February 28), then a Prior to Grading
Permit Issuance
Planning
Division
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Burrowing Owl Exclusion Plan shall be prepared by the project applicant and approved by the County of Riverside
Environmental Programs Department in consultation with the California Department of Fish and Wildlife (CDFW). The
Burrowing Owl Exclusion Plan shall be prepared in accordance with guidelines in the CDFW Staff Report on Burrowing Owl (2012) and the MSHCP, which allows for passive relocation (i.e., use of one-way doors and collapse of burrows). Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to prevent reentry.

36. Prior to issuance of a grading permit, the project applicant shall provide written verification that a qualified archaeologist has been retained to develop and implement a Cultural
Resources Monitoring Plan (CRMP). The CRMP shall
address the details of all monitoring activities and procedures to be followed to reduce the impacts to cultural and historic resources to a less than significant level as well as addressing potential impacts to undiscovered buried archaeological resources associated with this project. The CRMP shall be reviewed by any consulting tribe(s) and reviewed and
approved by the City.

Prior to Grading
Permit Issuance
Planning
Division

Prior to Grading
Permit Issuance
Planning
Division
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The City shall coordinate with the consulting tribe(s) to facilitate communications with the project
developer/applicant so that all parties can develop a mutually acceptable Tribal Monitoring and Treatment Agreement,
which will include the scope of monitoring, scheduling of monitors from individual consulting tribe(s), and the course of action for inadvertent discoveries.

The training will include a brief review of the cultural sensitivity of the project site and the surrounding area; what resources could potentially be identified during earth-moving activities; the requirements of the monitoring program; the protocols that apply in the event that inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols.

Prior to Grading
Permit Issuance
Planning
Division

39. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that the project applicant has retained a qualified paleontologist to develop and implement a Paleontological Resources Impact Mitigation Program (PRIMP) to guide monitoring procedures and establish protocols to follow in the event of a fossil discovery. The paleontologist shall be present at the pregrading conference, shall describe procedures for Prior to Grading
Permit Issuance
Planning
Division
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paleontological resource surveillance, and shall establish in the PRIMP, in cooperation with the project applicant and City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils.

If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in
cooperation with the project applicant, which ensure proper exploration and/or salvage.

40. Prior to the issuance of a Grading Permit, the Developer shall pay all necessary fees as determined by the City Engineer including, but not limited to Multiple Species Habitat
Conservation Plan ("MSHCP") fees and grading permit fees.

Prior to Grading
Permit Issuance
Public Works
Department

41. Grading in excess of 199 cubic yards will required
performance security to be posted with the City Prior to Grading Permit Issuance
Public Works
Department

42. A permit for the hauling of material to and from the project site shall be submitted to the City for approval. Prior to Grading Permit Issuance
Public Works
Department

43. Submit a California registered Civil Engineer prepared earthwork cut and fill certification letter to the Engineering Division for review. If the required earthwork in cubic yards is 50 CY or less, a Precise Grading/Paving Plan will not be required; however, the applicant is required to pull an NPDES/Public Works permit prior to issuance of a Building Permit for record purposes.

Prior to Grading
Permit Issuance
Public Works
Department

44. Development of the site is subject to the requirements of the National Pollution Discharge Elimination System
("NPDES") Permit for the City of Eastvale, under the Santa Ana Regional Water Quality Control Board, Board Order
Prior to Grading
Permit Issuance
Public Works
Department
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No. R8-2010-0036. Pursuant to the NPDES Permit, the
developer shall ensure development of the site incorporates post-construction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River
Watershed. The developer is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval. The site
specific WQMP shall be submitted to the City Engineer for review and approval with the Precise Grading/Paving Plan.

45. Prior to commencing with any grading, the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:
a. 6 foot high tan colored perimeter screened fencing
b. Contractor information signage including contact
information along the street frontage.
c. Post dust control signage with the following verbiage:
“Project Name, WDID No., IF YOU SEE DUST COMING
FROM THIS PROJECT CALL: NAME (XXX) XXX-XXX,
If you do not receive a response, please call the AQMD at 1- 800-CUT-SMOG/1-800-228-7664”
Prior to Grading
Permit Issuance
Public Works
Department

46. A Notice of Intent ("NOI") to comply with the California General Construction Stormwater Permit is required via the California Regional Water Quality Control Board online
Stormwater Multiple Application and Report Tracking
System ("SMARTS"). A copy of the executed letter issuing a Waste Discharge Identification ("WDID") number shall be provided to the City Engineer. The Construction General Prior to Grading
Permit Issuance
Public Works
Department
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Permit requires the Developer’s contractor to prepare and maintain a Storm Water Pollution Prevention Plan
(“SWPPP”). The SWPPP requires all appropriate measures
be implemented to prevent erosion and water pollution
during construction.

47. A California registered Geotechnical Engineer prepared Geotechnical/Soils Report shall be required for and
incorporated as an integral part of the grading/paving plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of the Precise Grading/Paving Plan.

Prior to Grading
Permit Issuance
Public Works
Department

48. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner
acceptable to the City Engineer. All on-site City Engineer approved retention or other facilities are required to contain the increase stormwater runoff generated from the proposed development. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. The City Engineer must approve the final retention basin sizing and other stormwater runoff mitigation measures determined
upon review and approval of the hydrology and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The existing “pre-developed” condition compared to the proposed
“developed” condition shall be used to calculate the volume of increased stormwater runoff to retain on-site under the 100-year frequency storm.

Prior to Grading
Permit Issuance
Public Works
Department
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49. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets.

Provisions for the interception of nuisance water from
entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains.

Prior to Grading
Permit Issuance
Public Works
Department
Prior to Map Recordation

50. VTTM No. 39022 is approved as shown on the Vesting
Tentative Map submitted to the Planning Division and as approved by the APPROVING AUTHORITY, subject to
conditions of approval and the City of Eastvale Municipal Code, as applicable.

Prior to Map
Recordation
Planning
Division

51. The applicant shall enter into a Density Bonus Agreement with the City of Eastvale, to the satisfaction of the City Attorney. Prior to Map Recordation
Planning
Division

52. The applicant shall enter into a Subdivision Improvement Agreement with the city and shall guarantee by posting
security(ies) to include all public improvements that the developer is conditioned to construct as part of this approval.

Prior to Map
Recordation
Public Works
Department

53. Dedicate City Engineer approved additional right-of-way along the entire frontage as may be required to provide a property line at ultimate right-of-way in accordance with the City General Plan, any applicable Specific Plan and/or as requested by the City Engineer.

Prior to Map
Recordation
Public Works
Department
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54. A Tract Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits.

Prior to Map
Recordation
Public Works
Department

55. Monument bond shall be posted with the City. Prior to Map Recordation
Public Works
Department
Prior to Encroachment Permit Issuance

56. The minimum pavement section for all on-site pavements shall be 3 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The pavement section shall be determined using appropriate Traffic Index (“TI”) accepted by the City Engineer. A California registered
Geotechnical Engineer shall design the pavement section using "R" values from the project site and submitted to the City Engineer for approval.

Prior to
Encroachment
Permit Issuance
Public Works
Department

57. Traffic Control Plan prepared by a California registered Civil Engineer or Traffic Engineer shall be submitted to the City Engineer for review and approval.

Prior to
Encroachment
Permit Issuance
Public Works
Department
Prior to Building Permit Issuance

58. Major Development Review shall be accomplished for Prior to Building Planning 1386
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development of Vesting Tentative Tract Map 39022. Permit Issuance Division

59. A Final Monitoring Report, documenting the field and analysis results and interpreting the artifact and research data within the research context, shall be completed and submitted to the satisfaction of the City prior to the issuance of any building permits. The report will include the California Department of Parks and Recreation’s Primary and
Archaeological Site Forms. The Final Monitoring Report shall be filed with the City under a confidential cover and not subject to Public Records Request and a copy of the report shall be submitted to the consulting tribe(s).

Prior to Building
Permit Issuance
Planning
Division

60. If paleontological resources are uncovered and after completion of the project, the project applicant shall submit the paleontologist’s follow-up report for approval by the City.

The report shall include the period of inspection, a catalogue and analysis of the fossils found, and the present repository of the fossils. The project applicant shall prepare excavated material to the point of identification. The project applicant shall offer excavated finds for curatorial purposes to the City or its designee, on a first refusal basis. These actions, as well as final mitigation and disposition of the resources, shall be subject to approval by the City. The project applicant shall make a one-time payment of curatorial fees for the storage of these resources in perpetuity.

Prior to Building
Permit Issuance
Planning
Division

61. The MDR has approved the overall architectural styles and enhanced elevations at specific location as identified on the site plan for each planning area. During plan check, the City may request minor adjustments/enhancements to limited
Prior to Building
Permit Issuance
Planning
Division
1387
Eastvale City Council
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
aspects of the architectural details, without wholesale changes to the architectural style.

62. Construction and architectural detailing shall be in substantial conformance with the approved plans, including but not
necessarily limited to elevation drawings and material/colors sample board submitted as a part of this application and as approved by the Planning Commission, except that any
modification shall be subject to the discretion of the
Community Development Director upon finding that any
changes are comparable in substance and quality to the
original approval.

Prior to Building
Permit Issuance
Planning
Division

63. This project shall be subject to applicable school fees, the payment of which shall be documented to the satisfaction of the Building Official.

Prior to Building
Permit Issuance
Building
Division and
Corona Norco
Unified School
District

64. Prior to building plan approval and construction,
applicant/developer shall route a copy of the Water
Improvement Plans (offsite) to the Fire Department for review of hydrant placement only. Water Improvement Plans (offsite) will not be reviewed or approved for the installation of onsite Private Fire Service Mains, private hydrants, or fire sprinkler system supplies. The private fire service main installing contractor shall submit a separate set of working plans designed in accordance with NFPA 13 and NFPA 24 to the
Fire Department for a permit to install private water mains.

Prior to Building
Permit Issuance
Riverside County
Fire Department

65. The applicant must provide a fire hydrant system capable of delivering fire flow as required by the California Fire Code Prior to Building Riverside County 1388
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Submit plans to the water district for review and approval prior to building permit issuance.

Permit Issuance Fire Department

66. Fire apparatus access roads shall be at least 24 feet wide and comply with Riverside County Fire Department Guideline
OFM-01A. Access roads shall be located outside of truck docks and between 15-40 feet from the building. Access roads shall not have a grade more than 16 percent and shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80,000 pounds. Apparatus weight is distributed as 55,000 pounds on tandem rear axles and 25,00 pounds on the front acle. Fire apparatus access roads shall have a turning radius capable of accommodating fire apparatus.

Prior to Building
Permit Issuance
Riverside County
Fire Department

67. The surface shall be designed, constructed, and maintained to provide all-weather driving capabilities. A letter or statement, wet-stamped and signed by a registered engineer, shall be provided on the plans certifying that any new road meets this 80,000, all weather requirement. Road base without an
appropriate topping or binding material does not satisfy the all-weather requirement.

Prior to Building
Permit Issuance
Riverside County
Fire Department

68. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs.

Prior to Building
Permit Issuance
Riverside County
Fire Department
1389
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

69. A construction phasing plan shall be submitted to the Fire Department for review and approval prior to building permit issuance.

Prior to Building
Permit Issuance
Riverside County
Fire Department

70. The applicant shall provide specific fire department conditions on plans for building permit submittal Prior to Building Permit Issuance
Riverside County
Fire Department

71. Any future monumentation into the development shall be subject to review and approval by the Community
Development Director and City Traffic Engineer.

Prior to Building
Permit Issuance
Planning
Division

72. Submit California registered civil engineer prepared street improvement plans to the Engineering Division for review and approval. Unless otherwise approved, the street improvement plans shall be approved concurrently with any street light, landscape and irrigation, and traffic signal plans. Street plans shall include: a. Right-of-way dedication to allow three (3) eastbound traffic lanes and a bike lane on Archibald Avenue, consistent with the City of Eastvale General Plan. b.

Pedestrian improvements including curb, gutter, sidewalk, landscaping, and curb ramps in compliance with ADA
requirements and Riverside County Standard Plans and Specs. c. Any necessary power pole undergrounding. d. Utility
Improvements. e. Traffic signal relocation and modification. f.

Striping and signage plan. g. Storm drain improvement plan.

Prior to Building
Permit Issuance
Public Works
Department

73. Submit California registered civil engineer or traffic engineer prepared traffic striping and signage plans for review and approval. All required traffic thermoplastic striping and signage improvements shall be completed concurrently with street improvements to the satisfaction of the City Engineer.

Prior to Building
Permit Issuance
Public Works
Department
1390
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)

74. Submit photometric of street lighting. All lights shall be Edison LS-3 tariff and utilize General Electric Evolve LED luminaires per City Specifications. The developer shall be responsible for applying with Southern California Edison (“SCE”) for all appropriate service points and electrical meters early in the process to avoid delays. The developer must pay for the electrical service of new meter pedestals installed until such time the improvements have been accepted and the
underlying property is annexed into LMD/CFD.

Prior to Building
Permit Issuance
Public Works
Department

75. The public street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of required improvements; however, the City Engineer reserves the right to require reasonable additional
improvements as may be determined in the course of the
review and approval of street improvement plans required herein.

Prior to Building
Permit Issuance
Public Works
Department

76. The Precise Grading/Paving Plan shall be prepared in accordance with the City of Eastvale Grading handout and City Engineer approved prior to issuance of a grading permit.

Prior to Building
Permit Issuance
Public Works
Department

77. A WQMP and Storm Water BMP Transfer, Access and
Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Storm Water BMP
Transfer, Access and Maintenance Agreement shall be
approved prior to issuance of a building permit and shall be Public Works Staff recorded at the San Bernardino County Recorder’s Office prior to issuance of a Certificate of Prior to Building
Permit Issuance
Public Works
Department
1391
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
Occupancy.

78. Provide pad elevation certifications for all building pads in conformance with the approved Precise Grading Plan to the Engineering Division prior to construction of any building foundation.

Prior to Building
Permit Issuance
Public Works
Department

79. The developer shall connect to the JCSD sewer system and apply for a sewer connection account with JCSD. Prior to Building Permit Issuance
Public Works
Department

80. Submit California registered civil engineer prepared sewer improvement plans to the JCSD/Engineering Division. The plans shall be JCSD approved prior to issuance of any building permits.

Prior to Building
Permit Issuance
Public Works
Department

81. The developer is advised that domestic water service is provided by JCSD. The developer shall be responsible for coordinating with JCSD and complying with all requirements for establishing domestic water service to the property.

Prior to Building
Permit Issuance
Public Works
Department

82. The developer shall pay all necessary impact and mitigation fees required. These fees include, but are not limited to, fees associated with Transportation Uniform Mitigation Fee
(TUMF), Road Bridges Benefit District (RBBD) Fees,
Quimby (parkland in-lieu) Fee, ADP and City Development Impact Fees.

Prior to Building
Permit Issuance
Public Works
Department
Prior to Certificate Occupancy

83. Applicant shall participate in the final adopted program with regards to providing a non-potable water supply source and related infrastructure improvements for parks and green belt Prior to
Certificate of
JCSD
1392
Eastvale City Council
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
areas. Occupancy

84. Any approval shall not be final until and unless the applicant's deposit account with Public Works has a balance of at least $10,000 to cover staff time to follow-up, monitoring, and other post-approval work by staff. The City reserves the right to request additional deposits to cover post-approval staff work and to half work if the deposit account is exhausted.

Prior to
Certificate of
Occupancy
Public Works
Department

85. All parkway landscaping shall be guaranteed for a period of one (1) year from the date of the City Engineer acceptance.

Any landscaping that fails during the one (1) year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer.

Prior to
Certificate of
Occupancy
Public Works
Department

86. The development shall be annexed into all applicable CFD and/or LMD for traffic signals, street lights, full capture systems for all storm drains and landscape maintenance of raised landscape median and public parkways, to the
satisfaction of the City Engineer or otherwise form a district where one is not currently in place.

Prior to
Certificate of
Occupancy
Public Works
Department

87. All existing overhead utility lines shall be undergrounded within the project frontage(s). Utility undergrounding shall extend to the nearest off-site power pole. Unless City Engineer approved, no new power poles shall be installed. A letter from the owners of the affected utilities shall be submitted to the City Engineer prior to approval of the Precise Grading/Paving Plan, informing the City that they have been notified of the City’s utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When
Prior to
Certificate of
Occupancy
Public Works
Department
1393
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
available, the utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area of the project to be undergrounded.

88. Upon City Engineer approval of any improvement plan, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior City Engineer approval.

Prior to
Certificate of
Occupancy
Public Works
Department

89. Prior to issuance of a Certificate of Occupancy or final City approvals, demonstrate that all structural BMP’s have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.

Prior to
Certificate of
Occupancy
Public Work
Department

90. Provide certification from JCSD to demonstrate that all water and/or wastewater service accounts have been documented.

Prior to
Certificate of
Occupancy
Public Works
Department

91. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced.

Prior to
Certificate of
Occupancy
Public Works
Department

92. Remove existing, and construct new pavement with a
minimum pavement section matching that new section to the southwest on Archibald with a minimum subgrade of 24
inches at 95% relative compaction, or equal, along the entire half-width street frontage in accordance with City of Eastvale Standard Drawings. The pavement section shall be
Prior to
Certificate of
Occupancy
Public Works
Department
1394
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
determined using appropriate Traffic Index (“TI”) accepted by the City Engineer. A California registered Geotechnical Engineer shall design the pavement section using "R" values from the project site and submitted to the City Engineer for approval. Alternatively, depending on the existing street condition and as approved by the City Engineer, a street overlay, slurry seal, or other repair can be performed to preserve recent pavement improvements.

93. Construct an Americans with Disabilities Act ("ADA") compliant sidewalk behind curb along the entire frontage and interior streets in accordance with the General Plan, any Specific Plan, the City of Eastvale Standard Drawings, subject to the approval of the City Engineer.

Prior to
Certificate of
Occupancy
Public Works
Department

94. Reconstruct Archibald Avenue to the centerline of the Street.

Edge cuts shall line up with lane lines. No additional crown lines shall be added to any public street. All public streets shall have consistent cross slope.

Prior to
Certificate of
Occupancy
Public Works
Department

95. Construct a City Engineer approved commercial driveway approach for the main entrance on Archibald in accordance with City of Eastvale Standard Drawings. The emergency
vehicle access driveway approach on Grapwin Street shall be constructed as a limited access curb to discourage use, the top of “X” shall be a minimum 5 feet from the property line.

Nothing shall be constructed or planted in the corner cut-off area which does or will exceed 30 inches in height required to maintain an appropriate corner sight distance.

Prior to
Certificate of
Occupancy
Public Works
Department

96. Construct a curb ramp meeting current California State Prior to Public Works 1395
Eastvale City Council
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
Accessibility standards along both sides of the Street "A." The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines.

Certificate of
Occupancy
Department

97. Install PTZ cameras at each intersection to monitor traffic. Prior to Certificate of
Occupancy
Public Works
Department

98. Install License Plate Reader Cameras to tie-into the existing Citywide system at each traffic signal servicing the property.

Prior to
Certificate of
Occupancy
Public Works
Department

99. Install Class I bicycle lanes along Archibald Avenue. Prior to Certificate of
Occupancy
Public Works
Department
100. Install conduit for fiber optic along the Archibald frontage per City's standard.

Prior to
Certificate of
Occupancy
Public Works
Department
101. Relocate traffic signal and replace all necessary components. to accommodate new street right of way
Prior to
Certificate of
Occupancy
Public Works
Department
102. The developer shall be responsible for coordinating with Riverside Transit Authority (RTA) regarding the location of existing, proposed, and future bus stops along the property Prior to
Certificate of
Public Works
Department
1396
Eastvale City Council
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Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
frontage of all public streets. The developer shall design street and sidewalk improvements in accordance with the latest RTA bus stop guidelines and in compliance with current
accessibility standards pursuant to the Americans with
Disabilities Act (ADA) requirements. The developer shall design all bus stops to accommodate the RTA Shelters. The developer shall submit to Public Works verification from RTA acknowledging concurrence with the existing, proposed, and future bus stop improvements in conformance with the
Premium Shelter design guidelines.

Occupancy
103. The project Covenants Conditions and Restrictions (CC&Rs) and/or a Property Owners Association document shall be
provided to the City for final review and approval and shall address maintenance and operation of common areas and/or facilities including but not limited to private parking areas, private utilities, and water quality basins.

Prior to
Certificate of
Occupancy
Planning and
Public Works
Divisions
General Compliance Items/Requirements and Information
The following items are noted for the applicant’s information. These items are required by the City, other local agencies, or state and federal agencies, and are not conditions of approval of the project.

The applicant shall obtain City approval for any modifications or revisions to the approval of this project. Deviations not identified on the plans may not be approved by the City, potentially resulting in the need for the project to be redesigned. Amended entitlement approvals may be necessary as a result.

Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are otherwise deferred.
1397
Eastvale City Council
Project No. PLN24-20053 – Warmington Residential California, Inc. Major Development Review Conditions of Approval Page 1 of 26

CONDITIONS OF APPROVAL
Planning Application Number and Description: Project No. PLN24-20053– Major Development Review for the site planning and master architecture of 76 single family detached residential units on Vesting Tentative Tract Map 39022 subject to SB 330 and State Density Bonus Law, located at 8312 Grapewin Street and 8330 Archibald Avenue.

Assessor's Parcel Number: 130-070-021, 130-070-015, 130-080-004 City Council Approval Date:

Conditions of Approval Timing/
Implementation
Enforcement/
Monitoring
Verification (Date
and Signature)
General Conditions/Requirements

Applicant Signature Date
Must be
completed to
finalize approval
Planning
Division

2. The applicant shall indemnify, protect, defend, and hold harmless the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, from any and all claims, demands, law suits, writs of mandamus, and other actions and proceedings (whether legal, equitable, declaratory, administrative, or adjudicatory in nature), and alternative dispute resolutions procedures (including but not limited to arbitrations, mediations, and other such procedures) (collectively “Actions”), brought against the City, and/or any of its officials, officers, employees, agents, departments, agencies, and instrumentalities thereof, that challenge, attack, or seek to modify, set aside, void, or annul any action of, or any permit or approval issued by, the City and/or any of its officials, officers, Ongoing Planning
Division
1398
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 2 of 33
employees, agents, departments, agencies, and instrumentalities thereof (including actions approved by the voters of the City), for or concerning the project, whether such Actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivisions Map Act, Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal, or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction.

It is expressly agreed that the City shall have the right to approve, which approval will not be unreasonably withheld, the legal counsel providing the City’s defense, and that applicant shall reimburse City for any costs and expenses directly and necessarily incurred by the City in the course of the defense. City shall promptly notify the applicant of any Action brought and City shall cooperate with applicant in the defense of the Action.

3. Applicant understands and agrees that failure to comply with all conditions of approval may result in the City Council/Planning Commission taking action resulting in modification of conditions of approval and/or suspension or revocation of the Major Development Review permit.

Ongoing Planning
Division

4. Approval of Major Development Review (PLN24-20053) shall lapse and become void as of April 23, 2027, unless building permits have been issued and construction is commenced and diligently pursued towards completion on the structures that are the subject of Major Development Review (PLN24-20053), or a time extension is requested in writing prior to that date.

Ongoing Planning
Division

5. Approval of Major Development Review (PLN24-20053) is contingent upon approval of Vesting Tentative Tract Map 39022 and the Density Bonus Agreement. Failure to approve Vesting Tentative Tract Map 39022 and the Density Bonus Agreement shall render any approval of Major Development Review (PLN24-20053) null and void.

Ongoing Planning
Division
1399
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Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 3 of 33

6. All applicable Tentative Tract Map 39022 conditions of approval (PLN24-20053) shall be incorporated herein by reference.

Ongoing Building,
Planning, and
Public Works
Divisions

7. Major Development Review (PLN24-20053) is for the site planning and architecture of 76 single-family residential dwellings within Vesting Tentative Tract 39022 along with four (4) lots for water quality and open space purposes and five (5) lots for private street purposes.

Ongoing Planning
Division

8. Provide street sweeping services for onsite and offsite within project frontages weekly.

Ongoing Public Works
Department

9. Remove all graffiti within 24 hours pre-construction, during construction, and after a Certificate of Occupancy is issued.

Ongoing Public Works
Department

10. A City of Eastvale Encroachment Permit is required for any improvements within the public right-of-way.

Ongoing Public Works
Department

11. All street cuts for utilities shall be repaired in accordance with City Standard or as recommended; and any interim trench repairs shall consist of compacted backfill to the bottom of the pavement structural section followed by placement of standard base course material in accord by the City Engineer and with the Standard Specifications for Public Work Construction (“Greenbook”). The base course material shall be placed the full height of the structural section to be flush with the existing pavement surface and provide a smooth pavement surface until permanent cap paving occurs using an acceptable surface course material.

Ongoing Public Works
Department

12. In accordance with City's Moratorium policy to preserve newly paved streets, any and all street and/or trench cuts in newly paved streets will be prohibited or be subject to moratorium street repair standards as reference in Section 12.08.260 of the Eastvale Municipal Code.

Ongoing Public Works
Department
1400
Eastvale City Council
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13. Any and all utility trenches or other excavations within existing asphalt concrete pavement of off-site streets resulting from the proposed development shall be backfilled and repaired in accordance with City of Eastvale Standard Drawings. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets including pavement repairs in addition to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Jurupa Community Services District, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of offsite streets resulting from the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than what existed prior to construction of the proposed development.

Ongoing Public Works
Department

14. Construction signing, lighting and barricading shall be provided during all phases of construction in accordance with City Standards and the direction of the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 “Temporary Traffic Control” of the latest California Manual on Uniform Traffic Control Devices, or subsequent editions in force at the time of construction.

Ongoing Public Works
Department

15. The protocols and stipulations that the contractor, City, consulting tribe(s), and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation, include the following.

1. During the original cutting of previously undisturbed deposits, the archaeological and tribal monitors (if applicable) shall be on-site, as determined by the consulting archaeologist, to monitor excavations. The To be
Implemented by
the Applicant
During
Construction
Planning
Division
1401
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 5 of 33
frequency of inspections will depend upon the rate of excavation, the materials excavated, and the presence and abundance of artifacts and features. The consulting archaeologist shall have the authority to modify the monitoring program if the potential for cultural resources appears to be less than anticipated.

2. Isolates and clearly non-significant deposits will be minimally documented in the field so the monitored grading can proceed.

The archaeologist shall contact the City at the time of discovery. The archaeologist, in consultation with the City, shall determine the significance of the discovered resources. The City must concur with the evaluation before construction activities will be allowed to resume in the affected area. For significant cultural resources, a research design and data recovery program to mitigate impacts shall be implemented by the consulting archaeologist and approved by the City before being carried out using professional archaeological methods. If any human bones are discovered, the County coroner and City shall be contacted.

In the event that the remains are determined to be of Native American origin, the Most Likely Descendant (as identified by the Native American Heritage Commission) shall be contacted in order to determine proper treatment and disposition of the remains.

4. Before construction activities are allowed to resume in the affected area, the artifacts shall be recovered, and features recorded using professional archaeological methods. The project archaeologist in consultation with the consulting tribe(s) shall determine the amount of material to be recovered for an adequate artifact sample for analysis. 1402
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16. One or more of the following treatments, in order of preference, shall be used in the event of a cultural resources discovery:

1. Preservation-in-place. Avoidance, or preservation-in-place, involves leaving a resource where it was found with no development affecting its integrity. Pursuant to Public Resources Code Section 21083.2(b), avoidance is the preferred method of preservation for archaeological and cultural resources.

Reburial shall not occur until all required cataloging and basic recording have been completed, with the exception of sacred items, burial goods, and Native American human remains. Any reburial process shall be culturally appropriate. The listing of contents and the location of the reburial shall be included in a confidential Final Monitoring Report (refer to SDC CUL-6).

If preservation-in-place or reburial is not feasible, all cultural material collected during the grading monitoring program shall be processed and curated according to the current professional repository standards in a Riverside County curation facility that meets the Office of Historic Preservation Guidelines for the Curation of Archaeological Resources (California Office of Historic Preservation 1993). The collections and associated records shall be transferred, including title, and accompanied by payment of the fees necessary for permanent curation.

To be
Implemented by
the Applicant
During
Construction
Planning
Division
Prior to Map Recordation

17. The applicant shall enter into a Density Bonus Agreement with the City of Eastvale, to the satisfaction of the City Attorney.

Prior to Map
Recordation
Planning
Division

18. The applicant shall enter into a Subdivision Improvement Agreement with the city, and shall guarantee by posting security(ies) to include all Prior to Map
Recordation
Public Works
Department
1403
Eastvale City Council
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public improvements that the developer is conditioned to construct as part of this approval.

19. Dedicate City Engineer approved additional right-of-way along the entire frontage as may be required to provide a property line at ultimate right-of-way in accordance with the City General Plan, any applicable Specific Plan and/or as requested by the City Engineer.

Prior to Map
Recordation
Public Works
Department

20. A Tract Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits.

Prior to Map
Recordation
Public Works
Department

21. Monumentation bond shall be posted with the City. Prior to Map Recordation
Public Works
Department
Notes on Grading and Construction Plans to be Implemented During Construction

22. The cover sheet of the building construction drawings shall include a blue line print of the City’s conditions of approval and shall be attached to each set of plans submitted for City approval.

Ongoing Planning
Division

23. Dimensioned building setbacks and property lines, street centerlines, and between buildings or other structures shall be designed on the plot plan.

Ongoing Building,
Planning, and
Public Works
Divisions

24. All property lines and easements must be shown on the plot plan. A statement that such lines and easements are shown is required.

Ongoing Building,
Planning, and
Public Works
Divisions
1404
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 8 of 33

25. To ensure consistency with the goals and objectives of the Western Riverside County MSHCP, the proposed project will adhere to MSHCP Appendix C, Standard Best Management
Practices.

To be
Implemented by
the Applicant
During
Construction
Planning
Division

26. The project will be subject to the general sound level standards of Eastvale Municipal Code Section 8.52.040, General Sound Level Standards.

To be
Implemented by
the Applicant
During
Construction
Planning and
Community
Enhancement
and Safety
Divisions

27. As an infill development site, construction will be occurring within a noise-sensitive environment. In accordance with Municipal Code requirements, any construction or maintenance activity on real property which may disturb the peace and comfort of inhabitants of the neighborhood or comfortable enjoyment of life and property is prohibited between the hours of 6:00 p.m. and 6:00 a.m. during the months of June through September and 6:00 p.m. and 7:00 a.m. during the months of October through May, unless said work is of an emergency nature or a prior permit has been obtained from the Community Development Director.

To be
Implemented by
the Applicant
During
Construction
Planning and
Community
Enhancement
and safety
Divisions
Prior to Issuance of Encroachment Permit

28. The minimum pavement section for all on-site pavements shall be 3 inches asphalt concrete pavement over 6 inches crushed aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The pavement section shall be determined using appropriate Traffic Index (“TI”) accepted by the City Engineer. A California registered Geotechnical Engineer shall design the pavement section using "R" values from the project site and submitted to the City Engineer for approval.

Prior to Issuance
of Encroachment
Permit
Public Works
Department
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29. Traffic Control Plan prepared by a licensed civil/traffic engineer shall be submitted to the City Engineer for review and approval.

Prior to Issuance
Encroachment
Permit
Public Works
Department
Prior to Issuance of Grading Permit

30. Prior to the issuance of a grading permit, the developer shall pay all necessary fees as determined by the City Engineer including but not limited to MSCHP fees and grading permit fees.

Prior to Issuance
of Grading
Permit
Public Works
Department

31. Grading in excess of 199 cubic yards will required performance security to be posted with the City.

Prior to Issuance
of Grading
Permit
Public Works
Department

32. A qualified biological monitor shall be present to monitor all vegetation removal to ensure no direct impacts occur to wildlife species.

Prior to Issuance
of Grading
Permit
Planning
Division

34. Prior to ground disturbances that would impact potentially suitable nesting habitat for avian species, the project applicant shall adhere to the following:

1. Vegetation removal activities shall be scheduled outside the nesting season (September 1 to February 14 for songbirds; September 1 to January 14 for raptors) to the extent feasible to avoid potential impacts to nesting birds protected by the Migratory Bird Treaty Act and California Fish and Game Code Sections 3503, 3503.5, and 3513.

Alternatively, a qualified biologist may determine that construction can be permitted within the buffer area and would develop a monitoring plan to prevent any impacts while the nest continues to be active (e.g., presence of eggs, chicks, or adult nesting behavior).

Upon completion of the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to City for mitigation monitoring compliance record keeping.

35. In accordance with MSHCP species-specific objective #6 for burrowing owl, a preconstruction survey for burrowing owl shall be conducted within 30 days prior to ground disturbance by a qualified biologist where suitable habitat is present within the study area (project site and surrounding 500-foot buffer). If active burrowing owl burrows are detected during the breeding season (March 1 through August 31), all work within 300 feet of any active burrow will be halted until that nesting effort is finished as determined by a qualified biologist. Work can resume when no other active burrowing owl nesting efforts are observed. If active burrowing owl burrows are detected outside the breeding season (September 1 through February 28), then a Burrowing Owl Exclusion Plan shall be prepared by the project applicant and approved by the County of Riverside Environmental Programs Department in consultation with the California Department of Fish and Wildlife (CDFW). The Prior to Issuance
of Grading
Permit
Planning
Division
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Burrowing Owl Exclusion Plan shall be prepared in accordance with guidelines in the CDFW Staff Report on Burrowing Owl (2012) and the MSHCP, which allows for passive relocation (i.e., use of one-way doors and collapse of burrows). Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and backfilled to prevent reentry.

36. Prior to issuance of a grading permit, the project applicant shall provide written verification that a qualified archaeologist has been retained to develop and implement a Cultural Resources Monitoring Plan (CRMP). The CRMP shall address the details of all monitoring activities and procedures to be followed to reduce the impacts to cultural and historic resources to a less than significant level as well as addressing potential impacts to undiscovered buried
archaeological resources associated with this project. The CRMP shall be reviewed by any consulting tribe(s) and reviewed and approved by the City.

Prior to Issuance
of Grading
Permit
Planning
Division

37. The project applicant shall provide for Native American monitoring during grading. The Native American monitor(s) shall work in concert with the archaeological monitor to observe ground disturbances and search for cultural materials. The City shall coordinate with the consulting tribe(s) to facilitate communications with the project developer/applicant so that all parties can develop a mutually acceptable Tribal Monitoring and Treatment Agreement, which will include the scope of monitoring, scheduling of monitors from individual consulting tribe(s), and the course of action for inadvertent discoveries.

Prior to Issuance
of Grading
Permit
Planning
Division

38. The project archaeologist and the consulting tribes(s) shall attend the pre-grading meeting with the City, the construction manager, and any contractors, and will conduct a mandatory cultural resources Prior to Issuance
of Grading
Permit
Planning
Division
1408
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worker sensitivity training. The training will include a brief review of the cultural sensitivity of the project site and the surrounding area; what resources could potentially be identified during earth-moving activities; the requirements of the monitoring program; the protocols that apply in the event that inadvertent discoveries of cultural resources are identified, including who to contact and appropriate avoidance measures until the find(s) can be properly evaluated; and any other appropriate protocols.

39. Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the City that the project applicant has retained a qualified paleontologist to develop and implement a Paleontological Resources Impact Mitigation Program (PRIMP) to guide monitoring procedures and establish protocols to follow in the event of a fossil discovery. The paleontologist shall be present at the pre-grading conference, shall describe procedures for
paleontological resource surveillance, and shall establish in the PRIMP, in cooperation with the project applicant and City, procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the fossils. If the paleontological resources are found to be significant, the paleontologist shall determine appropriate actions, in cooperation with the project applicant, which ensure proper exploration and/or salvage.

Prior to Issuance
of Grading
Permit
Planning
Division

40. A permit for the hauling of material to and from the project site shall be submitted to the City for approval.

Prior to Issuance
of Grading
Permit
Public Works
Department

41. Submit a California civil engineer prepared earthwork cut and fill certification letter to the Engineering Division for review. If the required earthwork in cubic yards is 50 CY or less, a Precise Grading/Paving Plan will not be required; however, the applicant is Prior to Issuance
of Grading
Permit
Public Works
Department
1409
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required to pull an NPDES/Public Works permit prior to issuance of a Building Permit for record purposes.

42. Development of the site is subject to the requirements of the National Pollution Discharge Elimination System (NPDES) Permit for the City of Eastvale, under the Santa Ana Regional Water Quality Control Board, Board Order No. R8-2010-0036. Pursuant to the NPDES Permit, the developer shall ensure development of the site incorporates post-construction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River
Watershed. The developer is advised that applicable Site Design BMPs will be required to be incorporated into the final site design, pursuant to a site specific WQMP submitted to the City Engineer for review and approval. The site specific WQMP shall be submitted to the City Engineer for review and approval with the Precise Grading/Paving Plan.

Prior to Issuance
of Grading
Permit
Public Works
Department

43. Prior to commencing with any grading, the required erosion and dust control measures shall be in place. In addition, the following shall be included if not already identified:
a. 6 foot high tan colored perimeter screened fencing
b. Contractor information signage including contact information along the street frontage.
c. Post dust control signage with the following verbiage: “Project Name, WDID No., IF YOU SEE DUST COMING FROM THIS
PROJECT CALL: NAME (XXX) XXX-XXX, If you do not receive a response, please call the AQMD at 1-800-CUT-SMOG/1-800-228- 7664”
Prior to Issuance
of Grading
Permit
Public Works
Department

44. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit is required via the California Regional Water Quality Control Board online SMARTS system. A Prior to Issuance
of Grading
Permit
Public Works
Department
1410
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copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer. The General Construction Permit requires the developer’s contractor to prepare and maintain a Storm Water Pollution Prevention Plan (“SWPPP”).

The SWPPP requires all appropriate measures be implemented to prevent erosion and water pollution during construction.

45. A California registered Geotechnical Engineer prepared Geotechnical/Soils Report shall be required for and incorporated as an integral part of the grading/paving plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of the Precise Grading/Paving Plan.

Prior to Issuance
of Grading
Permit
Public Works
Department

46. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. All on-site City Engineer approved retention or other facilities are required to contain the increase stormwater runoff generated from the proposed development. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. The City Engineer must approve the final retention basin sizing and other stormwater runoff mitigation measures determined upon review and approval of the hydrology and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The existing “pre-developed” condition compared to the proposed “developed” condition shall be used to calculate the volume of increased stormwater runoff to retain on-site under the 100-year frequency storm.

Prior to Issuance
of Grading
Permit
Public Works
Department

47. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to the adjacent public streets. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor Prior to Issuance
of Grading
Permit
Public Works
Department
1411
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storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains.

48. Street names shall be approved by the Community Development Director prior to issuance of grading permit. Suggested street names and alternatives shall be submitted in writing to the Community Development Director for approval. Phonic similarity with existing street names should be avoided.

Prior to Issuance
of Grading
Permit
Planning
Division

49. The applicant shall be responsible for creating a proposed addressing list and exhibit for review and approval by the Community Development Director, prior to issuance of grading permit.

Addresses shall be suggested for any building(s) and/or any electrical/water single/dual irrigation meter pedestal(s) or temporary power poles.

Prior to Issuance
of Grading
Permit
Planning
Division

50. The applicant shall make a good faith effort to acquire ingress/egress access rights to Grapwin Street from, or in partnership with the property owner.

Prior to Issuance
of Grading
Permit
Planning
Division
Prior to Issuance of Building Permit

51. A Final Monitoring Report, documenting the field and analysis results and interpreting the artifact and research data within the research context, shall be completed and submitted to the satisfaction of the City prior to the issuance of any building permits. The report will include the California Department of Parks and Recreation’s Primary and Archaeological Site Forms. The Final Monitoring Report shall be filed with the City under a confidential cover and not subject to Public Records Request and a copy of the report shall be submitted to the consulting tribe(s).

Prior to Building
Permit Issuance
Planning
Division

52. If paleontological resources are uncovered and after completion of the project, the project applicant shall submit the paleontologist’s Prior to Building
Permit Issuance
Planning
Division
1412
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follow-up report for approval by the City. The report shall include the period of inspection, a catalogue and analysis of the fossils found, and the present repository of the fossils. The project applicant shall prepare excavated material to the point of identification. The project applicant shall offer excavated finds for curatorial purposes to the City or its designee, on a first refusal basis. These actions, as well as final mitigation and disposition of the resources, shall be subject to approval by the City. The project applicant shall make a one-time payment of curatorial fees for the storage of these resources in perpetuity.

53. Submit California registered civil engineer prepared street improvement plans to the Engineering Division for review and approval. Unless otherwise approved, the street improvement plans shall be approved concurrently with any street light, landscape and irrigation, and traffic signal plans. Street plans shall include: a.

Right-of-way dedication to allow three (3) eastbound traffic lanes and a bike lane on Archibald Avenue, consistent with the City of Eastvale General Plan. b. Pedestrian improvements including curb, gutter, sidewalk, landscaping, and curb ramps in compliance with ADA requirements and Riverside County Standard Plans and Specs. c. Any necessary power pole undergrounding. d. Utility
Improvements. e. Traffic signal relocation and modification. f.

Striping and signage plan. g. Storm drain improvement plan.

Prior to issuance
of Building
Permits
Public Works
Department

54. Submit California registered civil engineer or traffic engineer prepared traffic striping and signage plans for review and approval.

All required traffic thermoplastic striping and signage improvements shall be completed concurrently with street improvements to the satisfaction of the City Engineer.

Prior to issuance
of Building
Permits
Public Works
Department

55. Submit photometric of street lighting. All lights shall be Edison LS3 tariff and utilize General Electric Evolve LED luminaires per City Specifications. The developer shall be responsible for applying with Southern California Edison (“SCE”) for all appropriate service Prior to issuance
of Building
Permits
Public Works
Department
1413
Eastvale City Council
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points and electrical meters early in the process to avoid delays. The developer must pay for the electrical service of new meter pedestals installed until such time the improvements have been accepted and the underlying property is annexed into LMD/CFD.

56. The public street improvements outlined in these conditions of approval are intended to convey to the developer an accurate scope of required improvements; however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required herein.

Prior to issuance
of Building
Permits
Public Works
Department

57. The Precise Grading/Paving Plan shall be prepared in accordance with the City of Eastvale Grading handout and City Engineer approved prior to issuance of a grading permit.

Prior to issuance
of Building
Permits
Public Works
Department

58. A WQMP and Storm Water BMP Transfer, Access and Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Storm Water BMP Transfer, Access and Maintenance Agreement shall be approved prior to issuance of a building permit and shall be Public Works Staff recorded at the Riverside County Recorder’s Office prior to issuance of a Certificate of Occupancy.

Prior to issuance
of Building
Permits
Public Works
Department

59. Provide pad elevation certifications for all building pads in conformance with the approved Precise Grading Plan to the Engineering Division prior to construction of any building foundation.

Prior to issuance
of Building
Permits
Public Works
Department

60. The developer shall connect to the JCSD sewer system and apply for a sewer connection account with JCSD.

Prior to issuance
of Building
Permits
JCSD
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61. Submit California registered civil engineer prepared sewer improvement plans to the JCSD/Engineering Division. The plans shall be JCSD approved prior to issuance of any building permits.

Prior to issuance
of Building
Permits
Public Works
Department and
JCSD

62. The developer is advised that domestic water service is provided by JCSD. The developer shall be responsible for coordinating with JCSD and complying with all requirements for establishing domestic water service to the property.

Prior to issuance
of Building
Permits
JCSD

63. The developer shall pay all necessary impact and mitigation fees required. These fees include, but are not limited to, fees associated with Transportation Uniform Mitigation Fee (TUMF), Road Bridges Benefit District (RBBD) Fees, Quimby (parkland in-lieu) Fee, ADP and City Development Impact Fees.

Prior to issuance
of Building
Permits
Building
Division

64. All construction shall comply with the most recently adopted City and State building codes:
2022 California Building Code
2022 California Residential Code
2022 California Electrical Code
2022 California Mechanical Code
2022 California Plumbing Code
2022 California Fire Code
2022 California Green Code
Prior to issuance
of Building
Permits
Building
Division

65. Special Inspections-As California Building Code Section 1704 indicates, the owner shall employ one or more special inspectors who shall provide special inspections when required by CBC Section 1704.

Prior to Building
Permits
Building
Division

66. The Title Sheet of the plans shall include:

Occupancy Group
Prior to Building
Permits
Building
Division
1415
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 19 of 33
Occupant Load
Description of use
Type of Construction
Height of Building(s)
Floor area of building(s) and/or occupancy group(s)

67. The project applicant is required to pay school impact fees.

California Government Code Section 65996 indicates that payment of school impact fees is considered full mitigation for project impacts to a school district.

Prior to issuance
of Building
Permits
Building
Division and
Corona Norco
Unified School
District

68. Dimensioned building setbacks, property lines, street centerlines, and between buildings or other structures shall be designed on the plot plan.

Prior to issuance
of Building
Permits
Building
Division

69. The project design will conform to energy conservation measures articulated in Title 24 of the California Code of Regulations and address measures to reduce energy consumption, such as flow restrictors for toilets, low-consumption light fixtures, and insulation.

It shall also use drought landscaping to the extent feasible.

Prior to issuance
of Building
Permits
Building
Division

70. The plot plan must show all property lines and easements, and a statement stating that such lines and easements are shown is required.

Prior to issuance
of Building
Permits
Building
Division

71. Per the Business and Professionals Code, a design professional will be required to prepare plans for proposed improvements at the time of construction drawings.

Prior to issuance
of Building
Permits
Building
Division

72. Public and private site improvements shall be designed per the Americans with Disabilities Act and Chapter 11 of California Building Code. The site plan shall include a site accessibility plan identifying exterior routes of travel and detailing running slope, cross slope, width, pedestrian ramp, curb ramps, handrails, signage, and Prior to issuance
of Building
Permits
Building
Division
1416
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 20 of 33
truncated domes. Path of travel shall be provided form the public right of way and accessible parking to the building. The design professional shall ensure that the site accessibility plan complies with the latest Federal and State regulations.

73. The project applicant will be required to comply with the recommendations of the Riverside County Waste Management Department and all federal, State, and local statutes and regulations related to solid waste, including the Solid Waste Reuse and Recycling Access Act of 1991.

Prior to issuance
of Building
Permits
Waste
Management

74. The project applicant, developer, or successor in interest shall provide written verification that the Jurupa Community Services District can and will provide potable water service to the project.

Prior to issuance
of Building
Permits
Building
Divisions

75. A Final Site Plan of Development shall be approved prior to issuance of any building permits. The Final Site Plan of Development shall include but is not limited to the following:
a. Master home plans and elevations.
b. Dimensioned site plan showing, but not limited to, the following:
o Setbacks
o Location of mailboxes
c. Final grading plan
d. Landscape and irrigation plans for private, common, and public areas
e. Wall and fence plans
f. Photometric Lighting Plan to ensure proper outdoor light, pursuant to City of Eastvale Municipal Code Section
120.05.050, Outdoor Lighting
Prior to Issuance
of Building
Permit
Planning
Department
1417
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76. Construction and architectural detailing shall be in substantial conformance with the approved plans, including but not necessarily limited to elevation drawings and material/colors sample board, submitted as part of this application and as approved by the City Council.

Prior to Issuance
of Building
Permits
Planning
Division

77. Any future modification to the building colors or architectural style approved by the City Council shall be subject to review and approval by the Community Development Director. At the Community Development Director’s discretion, proposed color or architectural style modifications may be referred to the City Council for Major Development Review approval.

Prior to Issuance
of Building
Permits
Planning
Division

78. Final plotting of homes on lots within Major Development Review (PLN24-20053) shall be subject to review and approval by the Planning Division.

Prior to Issuance
of Building
Permits
Planning
Division

79. An even mix of exterior façade treatments, colors, and roof tile colors shall be used on the homes approved per this Major Development Review to the satisfaction of the Community Development Director.

Applicant shall provide a tabulation of proposed architectural styles and colors schemes to be implemented on lots for review and approval by the Planning Division prior to issuance of building permits.

Prior to Issuance
of Building
Permits
Planning
Division

80. Mailboxes shall be designed, installed and located by the developer to the satisfaction of the Community Development Director.

Prior to Issuance
of Building
Permits
Planning
Division

81. Any future entry monumentation into the development of Vesting Tentative Tract Map 39022 shall be subject to review and approval by the Community Development Director and the City Traffic Engineer prior to issuance of a building permit.

Prior to Issuance
of Building
Permits
Planning
Division
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82. All mechanical equipment, including but not limited to HVAC units, shall be screened from public view and sound buffered from adjacent properties to the satisfaction of the Community Development Director and Building Official
Prior to Issuance
of Building
Permits
Planning and
Building
Divisions

83. The master conceptual wall and fence plan approved by the City Council as part of PLN24-20053 shall serve as the master plan of development for community walls and fences within VTTM 39022.

The final design and location of project walls and fences shall be subject to review and approval of the Community Development Director.

Prior to Issuance
of Building
Permits
Planning
Division

84. A digital copy of construction landscape plans shall be submitted to the Planning Division for review and approval. The plan shall be certified by a licensed landscape architect as required, taking into account approved preliminary landscape plan (if any), adopted plant alette guides, applicable scenic and specific plan requirements, and water conservation measures. This submittal shall be made to the Planning Division with the appropriate Application and fee.

Prior to Issuance
of Building
Permits
Planning
Division

85. The above-described plans shall be in substantial conformance with the conceptual landscape plans as approved by the City Landscape Architect, City Administrative staff, Planning Commission and/or City Council. Notes, details, and specifications shall be included.

Prior to Issuance
of Building
Permits
Planning
Division

86. All landscape and irrigation plans shall be consistent with the Eastvale Municipal Code Chapter 14.24, Water Conservation for Landscaping, and Chapter 120.05.040, Landscape Requirements.

Prior to Issuance
of Building
Permit
Planning
Division

87. Landscape construction plans shall be drawn at a scale of 20 feet equal to 1 Inch or larger. The city will not accept plans drawn at 30 feet scale or smaller. Plans set shall include a title sheet with all project information, construction plans and details, irrigation plans and details, planting plans and details and a photo exhibit sheet of selected planting palettes for communication of the palette and plants Prior to Issuance
of Building
Permit
Planning
Division
1419
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form, size, and character, in addition to site features and material to express design intent.

88. Concrete mow curbs shall be required at edges defining maintenance responsibility such as property boundaries in frontage areas and for separating turf or groundcover from shrub areas.

Prior to Issuance
of Building
Permit
Planning
Division

89. Planting shall offer horizontal and vertical variation in form, texture, and scale and shall include multiple species to prevent against loss of a monoculture of a single species from species specific pest or other cause.

Prior to Issuance
of Building
Permit
Planning
Division

90. Canopy shade trees fully surrounded by hardscape shall be, based on the direction of the City Landscape Architect required to have special planting techniques including, specialized soil mixes, geotechnical support structures, or other instruments for maintaining uncompacted and healthy soil root zones for the trees needs based on species or size required and site-specific characteristics.

Prior to Issuance
of Building
Permit
Planning
Division

91. No light fixture, electric transformer, fire detector check, fire hydrant, or other utilities shall be designed for any location in a planting area, which would make it necessary to eliminate a tree. All overhead light fixtures and utilities shall be identified on the grading and site plans. Utilities shall be screened appropriately with landscaping. Any trees that are determined to be in conflict through the design development process shall be relocated to keep the same quantities shown on the approved entitlement plan, this shall include adjusting, adding, and revising or creating additional planting areas to support the total required number.

Prior to Issuance
of Building
Permit
Planning
Division

92. All trees shall be double staked with vinyl type ties nailed to the lodge pole stakes in at least two vertical locations. Trees in high wind corridors or trees requiring special support measures shall require additional staking and or specialized staking material as needed.

Prior to Issuance
of Building
Permit
Planning
Division
1420
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93. Root barriers shall be installed for all trees planted within 5 feet of hardscape, paving, or walls/ structures. All trees requiring root barriers shall extend 10’ from the center of the trunk in either direction and be a minimum of 24” deep.

Prior to Issuance
of Building
Permit
Planning
Division

94. Any water quality basins shall utilize hand planted shrubs and ground cover on all slopes. The bottom of the basin shall be as planted as recommended by the WQMP and approved by the City Landscape Architect.

Prior to Issuance
of Building
Permit
Planning
Division

95. All irrigation in shrub areas shall be designed and installed using drip irrigation. A weather-based smart irrigation controller shall be installed that measures evapo-transpiration. A rain shut off device shall be installed free of overhead obstruction and connected with the irrigation controller in addition to a master valve, flow sensor and separate Landscape water meter are required in addition to the above for all projects with landscape areas above 2500 square feet.

Prior to Issuance
of Building
Permit
Planning
Division

96. A water conservation statement shall be included in the landscape documentation package as well as Irrigation schedules for both establishment and maintenance, maintenance schedule, soil management plan (Soil test and recommendations) and the requirement for a third-party water audit of the installed irrigation system prior to final sign off.

Prior to Issuance
of Building
Permit
Planning
Division

97. All plants shall be hydrozoned from low to medium water use according to WUCOLS IV as a general guide.

Prior to Issuance
of Building
Permit
Planning
Division

98. Suggested irrigation and planting maintenance schedules shall be included for compliance with MWELO requirements.

Prior to Issuance
of Building
Permit
Planning
Division

99. A soil management plan shall be included for compliance with MWELO requirements.

Prior to Issuance
of Building
Permit
Planning
Division
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100. A digital PDF reduced to the smallest size shall be submitted and approved by the Planning Division and the City Landscape Architect once the Entitlement process has been completed. A licensed Landscape Architect shall prepare and sign/ certify the plans.

Prior to Issuance
of Building
Permit
Planning
Division
101. Any plans that include areas to be classified as a Landscape Maintenance District or similar instrument to be maintained by the City shall be required to meet the most current Riverside County Transportation and Land Management Agency- Standards and Specifications (https://trans.rctlma.org/landscaping) per Public Works direction.

Prior to Issuance
of Building
Permit
Planning
Division
102. The above-described plans shall be in substantial conformance with the adopted city ordinances and or requirements as approved by the City Landscape Architect, City Planning Staff, Planning Commission and/or City Council. Notes, details, and specifications shall be included.

Prior to Issuance
of Building
Permit
Planning
Division
103. City required inspection schedule and signature block shall be included in the plans and be located on the tittle sheet.

Prior to Issuance
of Building
Permit
Planning
Division
104. All fertilizers and soil amendments used during planting preparation and installation shall be derived from organic based materials as a best management practice for storm water source control.

Mycorrhizae and humate shall be incorporated into each plant pit in accordance with the manufacturer’s specifications and the recommendations of the soil management plan.

Prior to Issuance
of Building
Permit
Planning
Division
105. A copy of the soil fertility recommendations and soil management plan specified using organic fertilizers and soil amendments shall be included on the first submittal of the landscape plans unless extensive grading is anticipated. In that case the landscape contractor shall provide the soil fertility recommendations and soil management plan prior to the pre-job meeting on site.

Prior to Issuance
of Building
Permit
Planning
Division
1422
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 26 of 33
106. The City Landscape Architect shall meet with the job site superintendent and the landscape contractor for a pre-job meeting.

Copies of required landscape submittals shall be presented for approval including soil test results per the soil management plan. The overall inspection schedule shall be reviewed, and all procedures shall be reviewed. No landscaping shall occur prior to the meeting.

Prior to Issuance
of Building
Permit
Planning
Division
107. The Applicant shall submit a set of development plans, including a lighting plan, to the Eastvale Police Department for review and approval for appropriate safety measures including, but not limited to, the following:

PROPERTY GATES AND KNOX BOX ENTRY
a. The installation of the Knox Rapid Entry System if property gates are installed. This system permits law enforcement, fire, and first responders to obtain independent access to the property in the event of an emergency. The necessary order forms for the Knox Company may be obtained by contacting the Jurupa Valley Sheriff’s Station Crime Prevention
Programs Coordinator at (951) 955-9225.

ADDRESS NUMBERING:
b. Prominently displayed address numbering in size and
contrasting in color from the building façade or on a fixed sign near the street/main entrances. The numbers need to be visible from the street and interior property sides for any approaching emergency vehicles. No obstructions should
limit their visibility (i.e., landscaping).

SECURITY AND LIGHTING PLAN
c. Adequate crime prevention measures to assist with
identifying any suspect(s) of any potential future vandalism or theft attempts. Due to the high possibility of
theft/vandalism attempts during construction, additional Prior to Issuance
of Building
Permit
Building and
Police
Departments
1423
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 27 of 33
security measures should be added during that time frame of proposed construction. All exterior access points should be properly illuminated to make clearly visible any person on or about the premises during the hours of darkness.

Residential units shall be equipped with solid core doors and quality dead bolt locking devices at entry points.
108. Prior to building plan approval and construction, applicant/developer shall route a copy of the Water Improvement Plans (offsite) to the Fire Department for review of hydrant placement only. Water Improvement Plans (offsite) will not be reviewed or approved for the installation of onsite Private Fire Service Mains, private hydrants, or fire sprinkler system supplies. The private fire service main installing contractor shall submit a separate set of working plans designed in accordance with NFPA 13 and NFPA 24 to the Fire Department for a permit to install private water mains
Prior to Building
Permit Issuance
Riverside
County Fire
Department
109. The applicant must provide a fire hydrant system capable of delivering fire flow as required by the California Fire Code and Fire Department standards. Fire hydrants shall be spaced in accordance with the California Fire Code. Submit plans to the water district for review and approval prior to building permit issuance.

Prior to Building
Permit Issuance
Riverside
County Fire
Department
110. Fire apparatus access roads shall be at least 24 feet wide and comply with Riverside County Fire Department Guideline OFM-01A.

Access roads shall be located outside of truck docks and between 15- 40 feet from the building. Access roads shall not have a grade more than 16 percent and shall have an unobstructed vertical clearance not less than 13 feet and 6 inches. Access lanes will be designed to withstand the weight of 80,000 pounds. Apparatus weight is distributed as 55,000 pounds on tandem rear axles and 25,00 pounds on the front acle. Fire apparatus access roads shall have a turning radius capable of accommodating fire apparatus.

Prior to Building
Permit Issuance
Riverside
County Fire
Department
1424
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 28 of 33
111. The surface shall be designed, constructed, and maintained to provide all-weather driving capabilities. A letter or statement, wetstamped and signed by a registered engineer, shall be provided on the plans certifying that any new road meets this 80,000, all weather requirement. Road base without an appropriate topping or binding material does not satisfy the all-weather requirement.

Prior to Building
Permit Issuance
Riverside
County Fire
Department
112. Driveway loops, fire apparatus access lanes and entrance curb radius should be designed to adequately allow access of emergency fire vehicles. The applicant or developer shall include in the building plans the required fire lanes and include the appropriate lane printing and/or signs.

Prior to Building
Permit Issuance
Riverside
County Fire
Department
113. A construction phasing plan shall be submitted to the Fire Department for review and approval prior to building permit issuance.

Prior to Building
Permit Issuance
Riverside
County Fire
Department
114. The applicant shall provide specific fire department conditions on plans for building permit submittal
Prior to Building
Permit Issuance
Riverside
County Fire
Department
115. Plans should reflect that all street lights and other outdoor lighting are hooded or shielded to prevent either the spillage of lumens or reflection into the sky or above the horizontal plane.

Prior to Issuance
of Building
Permit
Planning
Division
Prior to Issuance of Certificate of Occupancy
116. Any approval shall not be final until and unless the applicant's deposit account with Public Works has a balance of at least $10,000 to cover staff time to follow-up, monitoring, and other post-approval work by staff. The City reserves the right to request additional deposits to cover post-approval staff work and to half work if the deposit account is exhausted.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
1425
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 29 of 33
117. A copy of the covenants, conditions, and restrictions (CC&R’s) shall be submitted to the Community Development Director for review and approval, prior to execution.

Prior to Issuance
of Certificate of
Occupancy
Planning
Division
118. Applicant shall include notification within the CC& R’s as well as within the project sales office informing potential homeowners that landscaping within City or H.O.A.-maintained areas is not to be modified in any way by the homeowner, without express
authorization by the entity (either the City or H.O.A) responsible for maintain said landscape.

Prior to Issuance
of Certificate of
Occupancy
Planning
Division
119. Prior to the request for final inspection the Applicant shall have completed the installation of all landscape items, passed all construction sequence inspections in addition to having a completed 3rd party water audit with report, as built documents, controller charts submitted and approved prior by the City Landscape Architect. Failure to do so will result in delays for final inspection and or sign off.

Prior to Issuance
of Certificate of
Occupancy
Planning
Department
120. All parkway landscaping shall be guaranteed for a period of one (1) year from the date of the City Engineer acceptance. Any landscaping that fails during the one (1) year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
121. The development shall be annexed into all applicable CFD and/or LMD for traffic signals, street lights, full capture systems for all storm drains and landscape maintenance of raised landscape median and public parkways, to the satisfaction of the City Engineer or otherwise form a district where one is not currently in place.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
122. All existing overhead utility lines shall be undergrounded within the project frontage(s). Utility undergrounding shall extend to the nearest off-site power pole. Unless City Engineer approved, no new power poles shall be installed. A letter from the owners of the affected utilities shall be submitted to the City Engineer prior to Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
1426
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 30 of 33
approval of the Precise Grading/Paving Plan, informing the City that they have been notified of the City’s utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the City Engineer identifying all above ground facilities in the area of the project to be undergrounded. 123. Upon City Engineer approval of any improvement plan, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat) formats.

Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior City Engineer approval.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
124. Prior to issuance of a certificate of occupancy or final City approvals, demonstrate that all structural BMP’s have been constructed and installed in conformance with approved plans and specifications, and as identified in the approved WQMP.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
125. Provide certification from JCSD to demonstrate that all water and/or wastewater service accounts have been documented.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
126. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
127. Remove existing and construct new pavement with a minimum pavement section matching that new section to the southwest on Archibald with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire half-width street frontage in accordance with City of Eastvale Standard Drawings. The pavement section shall be determined using appropriate Traffic Index (“TI”) accepted by the City Engineer. A California registered Geotechnical Engineer shall design the pavement section using "R" values from the project site and submitted to the City Engineer for approval.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
1427
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 31 of 33
Alternatively, depending on the existing street condition and as approved by the City Engineer, a street overlay, slurry seal, or other repair can be performed to preserve recent pavement improvements. 128. Construct an Americans with Disabilities Act (ADA) compliant sidewalk behind curb along the entire frontage in accordance with the General Plan, any Specific Plan, the City of Eastvale Standard Drawings, subject to the approval of the City Engineer.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
129. Install PTZ cameras at each intersection to monitor traffic. Prior to issuance of Certificate of
Occupancy
Public Works
Department
130. Install License Plate Reader Cameras to tie-into the existing Citywide system at each traffic signal servicing the property.

Prior to issuance
of Certificate of
Occupancy
Public Works
Department
131. Install conduit for fiber optic along the Archibald frontage per City's standard.

Prior to issuance
of Certificate of
Occupancy
Public Works
Department
132. Install Class I bicycle lanes along Archibald Avenue. Prior to Issuance of Certificate of
Occupancy
Public Works
Department
133. Relocate traffic signal and replace all necessary components to accommodate new street right of way.

Prior to issuance
of Certificate of
Occupancy
Public Works
Department
134. Construct a City Engineer approved commercial driveway approach for the main entrance on Archibald in accordance with City of Eastvale Standard Drawings. The emergency vehicle access driveway approach shall be constructed as a limited access curb to discourage use, the top of “X” shall be a minimum 5 feet from the property line. Nothing shall be constructed or planted in the corner Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
1428
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 32 of 33
General Compliance Items/Requirements and Information
cut-off area which does or will exceed 30 inches in height required to maintain an appropriate corner sight distance.
135. The developer shall be responsible for coordinating with Riverside Transit Authority (RTA) regarding the location of existing, proposed, and future bus stops along the property frontage of all public streets. The developer shall design street and sidewalk improvements in accordance with the latest RTA bus stop guidelines and in compliance with current accessibility standards pursuant to the Americans with Disabilities Act (ADA) requirements. The developer shall design all bus stops to accommodate the RTA Shelters. The developer shall submit to Public Works verification from RTA acknowledging concurrence with the existing, proposed, and future bus stop improvements in conformance with the Premium Shelter design guidelines.

Prior to issuance
of Certificate of
Occupancy
Public Works
Department
136. Construct a curb ramp meeting current California State Accessibility standards along both sides of the commercial driveway approach.

The developer shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided onsite to construct a path of travel meeting ADA guidelines.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
137. Reconstruct Archibald Avenue to the centerline of the Street. Edge cuts shall line up with lane lines. No additional crown lines shall be added to any public street. All public streets shall have consistent cross slope.

Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
138. Applicant shall participate in the final adopted program with regards to providing a non-potable water supply source and related infrastructure improvements for parks and green belt areas.

Prior to Issuance
of Certificate of
Occupancy
JCSD
1429
Eastvale City Council
Project No. PLN4-20053 – Warmington Residential California, Inc. Major Development Review Conditions of approval Page 33 of 33
The following items are noted for the applicant’s information. These items are required by the City, other local agencies, or state and federal agencies, and are not conditions of approval of the project.

Should this project lie within any assessment/benefit district, the project proponent shall, prior to acceptance of improvements, make application for and pay for their reapportionment of the assessments or pay the unit fees in the benefit district unless said fees are otherwise deferred.
1430
Community Development Department
Planning Division
12363 Limonite Avenue I Suite 910 I Eastvale, CA 91752
https://www.eastvaleca.gov/government/community-development/planning Notice of Public Hearing
You are invited to comment on the following project in your neighborhood:

DATE OF NOTICE: April 10, 2025
APPLICANT: Warmington Residential California, Inc.

PROJECT LOCATION: 8312 Grapewin Street and 8330
Archibald Avenue
CASE NUMBERS: PLN24-20053
CASE PLANNER: Jamie K. Cerda, AICP
APN
NAME

ADDRESS

CITY, STATE, ZIP
1431
Notice of Public Hearing
NOTICE IS HEREBY GIVEN that the City of Eastvale Planning Commission will hold a public hearing on Wednesday, April 23, 2025, at 6:30 p.m. at Eastvale City Hall Council Chambers located at 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752, to consider Project No. PLN24-20053 for the subdivision, site planning, and master building architecture of seventy-six (76) single-family residential lots, four (4) lots for water quality and open space and five (5) lettered lots for private street purposes and a Density Bonus Agreement.

PROJECT DESCRIPTION: The proposed project includes the following entitlements:

1. Vesting Tentative Tract Map 39022 to subdivide three (3) existing residential lots totally 8.3-acres (7.9 net acres) into 76 residential lots, four (4) lots for water quality and open space purposes and five (5) for private street purposes;

2. Major Development Review for the master building architecture and site planning of a 76-unit single-family residential community; and

3. Density Bonus Agreement for a density bonus housing agreement between the City of Eastvale and Warmington Residential California Inc. for a 76-unit single family residential housing development pursuant to California Government Code §§ 65915 through 65918.

PROJECT LOCATION: The project site is addressed as 8312 Grapewin Street and 8330 Archibald Avenue, located at the southeast corner of Grapewin Street and Archibald Avenue (Assessor’s Parcel Number 130-080-004, 130-070-015, and 130-070-021). The project site is not located on a hazardous materials site listed under Government Code Section 65962.5.

ENVIRONMENTAL: Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15183, because implementation of the proposed project would not result in impacts that are peculiar to the project site and the proposed project would not result in new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the General Plan EIR, no additional environmental review beyond a Section 15183 Exemption Report is required for the proposed project.

Any person may submit written comments prior to the public hearing or may appear in person before the City Council to be heard. Written comments may be mailed to the City of Eastvale Planning Division located at 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752 or via email to Jamie K. Cerda, AICP at [email protected]. For the comments to be presented to the City Council at the meeting, all comments made in writing or via e-mail prior to the public hearing must be received by the City of Eastvale Planning Department no later than Wednesday, April 23, 2025, at 5:00 p.m. Oral and written comments may be submitted directly to the City Council at the public hearing. If you challenge the project in court, you may be limited to raising only those issues you raised at the public hearing as described in this notice or in written correspondence delivered to the Eastvale City Council prior to or at the public hearing.

If you have any questions on the project, contact Jamie K. Cerda, AICP at (951) 703-4432 or [email protected]. 1432 1433
1434
1435
Presented by:

Jamie K. Cerda, AICP Principal Planner
April 23, 2025
PLN24-20053
Warmington Residential
1436
Request

1. City Council finds the project exempt from CEQA pursuant to CEQA Guidelines Section 15183 based on the findings and conclusions provided in the Exemption Determination Report, attached hereto and the conclusion that the proposed project would not result in new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the General Plan EIR (State Clearinghouse No. 20222080090);

2. City Council approve the Density Bonus Agreement between Warmington Residential California, Inc. and the City of Eastvale;

3. Authorize City Manager or designee to execute Resale Restriction Agreement and related documents between the City and initial homeowner(s) of inclusionary units;

4. City Council approve Vesting Tentative Tract Map No. 39022 to subdivide three (3) existing residential lots totaling 8.3-acres (7.9 net acres) into 76 residential lots, four (4) for water quality and open space purposes and five (5) for private street purposes, subject to conditions of approval; and

5. City Council approve the Major Development Review for the master building architecture and site planning of 76 single-family residential lots, landscaping, and parking areas, subject to conditions of approval. 1437
Location
N
1438
Senate Bill 330
• Requires cities to prepare a housing development Preliminary application form and checklist
• Prohibits cities from requesting anything from developer that is not on the prelim application checklist; any missing items that are not identified in the first incomplete letter cannot be required later.
• Prohibits cities from imposing or enforcing any development standards (including design standards other than those that were in effect at the time that a prelim application was submitted, and requires the standards to be objective and quantifiable • Prohibits cities from conducting more than 5 public meetings. • Prohibits changes to the zoning or general plan classifications for land where housing is a permissible use that would reduce the intensity of residential development permitted. 1439
Density Bonus Law
• Allows developer to seek increases in base density in exchange for providing affordable units.
• Based on a sliding scale (i.e., 20% bonus granted when 5% of units are set aside for Very- Low income)
• All density calculations must be rounded up (base density, bonus units and affordable units).
• Not required to process a Zone Change when consistent with the General Plan. • Allowed reduction in site development standards or modifications of zoning/architectural design requirements to accommodate. 1440
Density Bonus Calculations
Affordable Unit- 5% (4 Very Low
Income)*
Density Bonus Calculation Units Allowed
Base Density – Single Family Low 8.3 x 8 du/ac 66 Units 20 percent State Density Bonus 66 units x 20% bonus +14 units Total Units 80 units allowed, 76 proposed
* Affordable unit percentage is calculated excluding units added by a density bonus. 1441
Vesting Tentative Tract Map 39022
• General Plan Designation:

Single Family Low
• Zoning: A-1 Light Agriculture
• Density: 9.16 du/ac
• Lot Size: Min. 2,805 square feet
• Lot Width: 33 feet
• Lot Depth: 80 feet
1442
Site Plan Compliance with R
-1 One-Family Dwelling Residential
Development Standards
Standard Required Proposed Meets
Standard
Front
Setback 20 feet 20 feet Yes
Rear
Setback 10 feet 10 feet Yes
Side Yard
Setback
(Interior)
5 feet 4 feet No
Side Yard
Setback
(Street
Side)
10 feet 4 feet No
Building
Height 40 ft. maximum 27 feet Yes
Off-Street
Parking
2 covered spaces
minimum
2 covered
spaces and
2 driveway
spaces
Yes
1443
Proposed Development
Architectural Styles
• Cottage
• Farmhouse
• Monterey
1444
Floor Plan 1
1445
Plan 1
Cottage
1446
Plan 1
Farmhouse
1447
Plan 1
Monterey
1448
Floor Plan 2
1449
Plan 2
Cottage
1450
Plan 2
Farmhouse
1451
Plan 2
Monterey
1452
Floor Plan 3
1453
Plan 3
Cottage
1454
Plan 3
Farmhouse
1455
Plan 3
Monterey
1456
Landscape Plan
Archibald Ave. Frontage • Southern Magnolia • Chinese Pistache • Australian Willow • California Pepper Residential Lots • Strawberry • Peppermint • Fern Pine
1457
1458
1459
Density Bonus Inclusionary Units
1460
Environmental Review • March 27, 2024, City Council adopted the Eastvale 2040 EIR
• The proposed project does not exceed the
previously analyzed development in terms of
size or intensity of use.
• The proposed project remains consistent with
the analysis of the General Plan EIR.
• Site specific analysis: Biological Resources,
Cultural and Tribal Cultural Resources,
Paleontological Resources, Geology and Soils,
and Hazards and Hazardous Materials.
• No additional environmental analysis is
necessary.
• Site Development conditions included in the
Exemption Determination Report are included
as conditions of approval.
1461
Recommendation
Staff recommends that the City Council take the following actions:

1. Find the project exempt from CEQA pursuant to CEQA Guidelines Section 15183 based on the findings and conclusions provided in the Exemption Determination Report, attached hereto and the conclusion that the proposed project would not result in new or more severe impacts to the environment beyond what was previously evaluated and disclosed by the General Plan EIR (State Clearinghouse No. 20222080090);

2. Approve the Density Bonus Agreement between Warmington Residential California, Inc. and the City of Eastvale;

3. Authorize the City Manager or designee to execute Resale Restriction Agreement and related documents between the City and initial homeowner(s) of inclusionary units;

4. Approve Vesting Tentative Tract Map No. 39022 to subdivide three (3) existing residential lots totaling 8.3-acres (7.9 net acres) into 76 residential lots, four (4) for water quality and open space purposes and five (5) for private street purposes, subject to conditions of approval; and

5. Approve the Major Development Review for the master building architecture and site planning of 76 single-family residential lots, landscaping, and parking areas, subject to conditions of approval. 1462 QUESTIONS?
1463

AGENDA STAFF REPORT
City Council Meeting

CITY COUNCIL BUSINESS
Agenda Item No. 13.1
April 23, 2025
Fiscal Year 2025-26 Budget Workshop
Prepared By:

Amanda Wells, Finance Director/City Treasurer
Recommended Action(s)
Staff recommends that the City Council discuss and provide direc on to staff on General Fund and
Fire Fund department budget proposals for the Fiscal Year 2025-26 budget.

Summary
A workshop will be conducted wherein staff will present to the City Council revenues and expenditure es
mates related to General Fund and Fire Fund services. Departments will present the City Manager recommended budget proposals for the next fiscal year. Although the Capital Improvement Plan will be discussed under a separate item, Capital Improvement Plan impacts to the General Fund will be discussed.

Background
The Fiscal Year 2025-26 Budget Workshop will focus primarily on General Fund and Fire Fund services. At this budget workshop, staff will present informa on rela
ng to levels of service and the
anticipated changes, including additional requests, from the prior year budget.

Finance will present a total General Fund overview including projected revenue sources and overall expenditure categories. Staff will present informa
on rela
ng to services, costs, and new proposals
for General Fund services provided by the City Manager, Human Resources, and Risk Management, Economic Development, Community Services and Recrea
on, Community Development
Department, Community Safety and Technology, Government Services, and Finance. Police services are provided by the Riverside County Sheriff and funded by the General Fund and will be included in the department presenta
ons. Finance will then present authorized posi
on informa
on, fund
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
1464
balance projections, and a preliminary five year forecast.

Fire services are provided by Cal Fire through a contract with Riverside County. Fire services are funded by restricted property tax revenues. These revenues are considered General Fund revenues, however the funds are presented in a special revenue fund due to restric ons placed on the funding
by Riverside County. Finance will present a Fire Fund overview and staff will present informa on
rela
ng to services and proposals for the new fiscal year. Finance will also present fund balance projections and a preliminary five year forecast for the fire fund.

Staff from the City, Riverside County Fire, and Riverside Sheriff will be on hand to hear ideas, concerns, issues, and desires related to the draft Fiscal Year 2025-26 Budget.

Environmental
Not Applicable.

Strategic Plan Action - Priority Level: 3 | Target #: 5 | Goal #: 8 Financial Planning: Ensure that City revenues align with expenditures.

Fiscal Impact
At this
me, reviewing budget proposals and projected revenues and expenditures for the Fiscal Year 2025-26 budget will not have a fiscal impact.

Prior City Council/Commission Action
This is the first presentation of Fiscal Year 2025-26 projected revenues, priorities, and goals.

Attachment(s)
Attachment 1 - Budget Workshop Presentation
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
1465
City Staff
Fiscal Year 2025-26
Budget Workshop
April 23, 2025
Agenda Item No. 13.1
1466
Introduction
City Manager,
Mark Orme
2 1467
Budget Workshop Agenda

1. General Fund
• Budget Overview
• Revenue Categories
• Expenditure Categories
• Department Detail & Presentations
• Authorized Position Summary
• Fund Balance
• Five Year Projection

2. Fire Fund
• Revenues, Expenditures & Projected Fund Balance
• Five Year Projection
3 1468
2025-26 Budget Overview
4 General Fund Total Budget (Excludes Transfers)
Category
2024-25
Amended
Budget
2025-26
Proposed
Budget
Revenues 76,092,610 76,776,160
Expenditures 39,097,014 44,005,491
Surplus 36,995,596 32,770,669
1469
2024-25 Budget Overview
5 0
10 20
30 40
50 60
70 80
90 100
2022-23 Budget 2023-24 Budget 2024-25 Projected 2025-26 Projected Millions
Total Revenue Total Expenditures Operating Revenue Operating Expenditure 1470
2025-26
General Fund
Revenue Budget
$76,776,160*
*excludes transfers
6 1471
General Fund Revenue Assumptions
7 • Sales Tax – HdL Projection
• Assumes 1% decrease to operating sales tax
• Walmart & new restaurants included
• Assumes 4% decrease to non-operating sales tax
• Unknown how economy will affect consumer activity
Quarter 4 2023 versus Quarter 4 2024
Category Riverside County San Brdo County So California Fuel & Service Stations -14.4% -13.0% -14.2%
General Consumer Goods -2.9% -1.5% -2.4%
Food and Drugs -5.5% -2.4% -4.1%
Building & Construction -6.1% -3.1% -2.2%
Restaurants & Hotels 2.7% 3.1% 1.4%
1472
General Fund Revenue Assumptions
8 • Property Tax – HdL Projection
• 5% increase to property tax
• Motor Vehicle License Fees – HdL Projection
• 10% increase, based on property valuations
• Transient Occupancy Tax
• 16% increase
• Offset by TOT Sharing Agreement
1473
General Fund Revenue Assumptions
9 • Licenses, Permits, Fees
• 4% increase
• One-Time related to Eastvale Square development
• Use of Money and Property
• 2% increase to operating & non-operating interest
• Civic Center reserves appropriated
1474
General Fund Revenue Budget
10 Category
2024-25
Amended
Budget
2025-26
Proposed
Budget Change
Sales & Use Tax 50,100,000 49,200,000 (900,000)
Intergovernmental (VLF) 6,460,000 7,075,000 615,000
Property Tax 4,215,800 4,443,800 228,000
Use of Money & Property 5,800,000 5,900,000 100,000
Other Categories 9,516,810 10,157,360 640,550
Total Net of Transfers 76,092,610 76,776,160 683,550
Transfers In 510,406 505,995 (4,411)
Grand Total 76,603,016 77,282,155 679,139
1475
2025-26
General Fund
Expenditure Budget
$44,005,491*
*excludes transfers
11 1476
General Fund Expenditure Assumptions
12 • Personnel - City
• 7% Overall increase, 4.25 FTE increase
• 3.0% cost-of-living-adjustment & merit increases
• Changes for benefits and vacancy factors
• Operations
• 23% Overall Increase
• 37% General Liability premium increase
• Remainder, moved software from Capital to Operations
1477
General Fund Expenditure Assumptions
13 • Maintenance
• 7% Overall Decrease
• No new maintenance projects
• Contract Services
• 13% Overall contracts increase, mostly due to inflation • 18% Law Enforcement increase
• RSO contract increase 9% + staffing increase
• Debt Service
• 43% Increase: Sales Tax Sharing and TOT Sharing
Agreements
1478
General Fund Expenditure Assumptions
14 • Capital Outlay
• 3% Overall Decrease
• Flock installation one-time savings
• Remainder, moved software from Capital to Operations
• Transfers
• Maintenance and replacement reserve contributions
calculated
• Projected CIP impact to General Fund included
• Includes reserve appropriations for Civic Center
1479
General Fund Expenditure Budget
15 Category
2024-25
Amended
Budget
2025-26
Proposed
Budget Change
Personnel 11,603,246 12,438,836 835,590
Contract Law Enfcmt 14,590,233 17,165,150 2,574,917
Contract Services 7,001,185 7,323,695 322,510
Maintenance 588,210 549,390 (38,820)
Operations 3,757,290 4,633,920 876,630
Capital Outlay 730,850 712,500 (18,350)
Debt Service 826,000 1,182,000 356,000
Total Net of Transfers 39,097,014 44,005,491 4,908,477
Transfers Out 12,231,499 45,371,813 33,140,314
Grand Total 51,328,513 89,377,304 38,048,791
1480
2025-26
General Fund Departments
16 1481
General Fund Departments
17 • Presentation Format
• Department/Division services provided
• Budget comparison charts
• Major Proposals
• City Manager recommended proposals
• Amounts may not match charts exactly, only
material changes are listed
1482
2025-26
General Fund Departments
City Council
18 1483
2025-26 City Council
19 General Fund: City Council
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 187,306 183,468 (3,838)
Operations 119,900 140,900 21,000
Capital Outlay 0 0 0
Total 307,206 324,368 17,162
1484
2025
-26
General Fund
Departments
City
Manager
1485
2025-26 City Manager
21 General Fund: City Manager
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 553,202 627,778 74,576
Operations 202,800 188,300 (14,500)
Capital Outlay 0 0 0
Total 756,002 816,078 60,076
1486
2025
-26
General Fund
Departments
City Manager:

Economic
Development
1487
2025-26 City Manager: Economic Development
23 General Fund: CM Economic Development
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 455,075 485,777 30,702
Operations 683,645 519,885 (163,760)
Capital Outlay 123,670 0 (123,670)
Total 1,262,390 1,005,662 (256,728)
1488
2025-26 City Manager: Economic Development
Major Proposals: Recommended by City Manager
• $68,000 – Business Incentive: Continuation of
Shopping Center LPR Camera Grant Program
• $25,000 – Limonite Gap Bridge NEPA Exemption
Analysis
• Contract Services – Downtown related contract
savings
• Capital Outlay – Software moved into Contract
Services 24
1489
2025
-26
General Fund
Departments
City Manager:

Human Resources
& Risk
Management
1490
2025-26 City Manager: Human Resources
26 General Fund: CM Human Resources
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 602,031 651,938 49,907
Operations 391,790 435,005 43,215
Capital Outlay 0 0 0
Total 993,821 1,086,943 93,122
1491
2025-26 City Manager: Human Resources
Major Proposals: Recommended by City Manager
• ($31,190) – Personnel: Exchange HR Analyst for HR
Technician
• $10,325 – Personnel: Promotional Opportunity
Payroll Coordinator to Senior Payroll Coordinator
• $25,000 – HR Compliance Assessment
• $15,000 – Certificate of Insurance tracking software
• Additional Personnel – Changes in employee
benefit selection 27
1492
2025-26 City Manager: Risk Management
28 General Fund: CM Risk Management
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 191,000 287,800 96,800
Operations 682,200 986,100 303,900
Capital Outlay 0 0 0
Total 873,200 1,273,900 400,700
1493
2025-26 City Manager: Risk Management
Major Proposals: Recommended by City Manager
• $96,800 – Increased Workers Compensation
contribution
• $253,900 – Increased General Liability contribution
• $50,000 – Estimated to start Risk Mitigation program
29 1494
2025
-26
General Fund
Departments
City Manager:

Community
Services &
Recreation
1495
2025-26 City Manager: Community Services & Recreation
31 General Fund: CM Community Services/Rec
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 601,736 762,205 160,469
Operations 687,520 894,000 206,480
Capital Outlay 0 57,500 57,500
Total 1,289,256 1,713,705 424,449
1496
2025-26 City Manager: Community
Services & Recreation
Major Proposals: Recommended by City Manager
• $146,160 – New Position: Community Services and
Recreation Supervisor position
• $174,300 – July 4th Extravaganza
• (Fireworks Pyrotechnic Show $65k $80k)
• $57,500 – New Vehicle: Mobile Recreation Van
32 1497
2025
-26
General Fund
Departments
Finance
1498
2025-26 Finance
34 General Fund: Finance
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 1,330,586 1,526,428 195,842
Operations 723,130 680,985 (42,145)
Capital Outlay 0 0 0
Total 2,053,716 2,207,413 153,697
1499
2025-26 Finance
Major Proposals: Recommended by City Manager
• $141,700 – New Position: Finance Analyst
• ($42,145) - Consulting savings – Civic Center
financial planning complete
• Additional Personnel Increase – Changes in
employee benefit selection
35 1500
2025
-26
General Fund
Departments
Government
Services
1501
2025-26 Government Services: City Clerk
37 General Fund: GS City Clerk
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2023 to
2024
Personnel 612,666 626,989 14,323
Operations 238,719 229,950 (8,769)
Capital Outlay 0 0 0
Total 851,385 856,939 5,554
1502
2025-26 Government Services: City Clerk
Major Proposals: Recommended by City Manager
• $5,690 – Promote Administrative Assistant to Senior
Administrative Assistant
• $10,000 – New City Council/Commission Voting
Tablets
• $4,000 – Expansion of online filing of FPPC forms to
now include Form 460s
38 1503
2025-26 Government Services: Communications
39 General Fund: GS Communications
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2023 to
2024
Personnel 254,862 240,468 (14,394)
Operations 177,680 177,900 220
Capital Outlay 0 0 0
Total 432,542 418,368 14,174
1504
2025
-26
General Fund
Departments
Community
Safety &
Technology
Code Enforcement &
Information
Technology Services
1505
2025-26 Community Safety & Tech: Admin
41 General Fund: CST Admin
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 583,548 566,926 (16,622)
Operations 401,200 379,900 (21,300)
Capital Outlay 0 62,000 62,000
Total 984,748 1,008,826 24,078
1506
2025-26 Community Safety & Tech: Admin
Major Proposals: Recommended by City Manager
• $25,000 – AM Radio Broadcast System
• $15,000 – New Vehicle: Volunteer Program
• $47,000 in AQMD funds, no General Fund impact
• Personnel Reduction – Changes in employee
benefit selection
• Contract Services Reduction for Gray Quarter
42 1507
2025-26 Community Safety & Tech: Code Enforcement
43 General Fund: CST Code Enforcement
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 730,537 742,999 12,462
Operations 254,320 273,820 19,500
Capital Outlay 0 0 0
Total 984,857 1,016,819 31,962
1508
2025-26 Community Safety & Tech: Code
Enforcement
Major Proposals: Recommended by City Manager
• $78,150 – Part Time Code Compliance Officer
• $15,000 – Property abatement services
• Additional Personnel Decrease – Changes in
employee benefit selection
44 1509
2025-26 Community Safety & Technology: Information Technology Services 45 General Fund: CST: ITS
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2023 to
2024
Personnel 49,764 0 (49,764)
Operations 363,431 485,300 121,869
Capital Outlay 0 0 0
Total 413,195 485,300 72,105
1510
2025-26 Information Technology Services
Major Proposals: Recommended by City Manager
• Equipment:
• $50,000 – Consulting Services for Civic Center
project
• $5,000 – Citrus Network Switch
• $80,000 – GIS Consultant
• Personnel: Director salaries moved to different
department
46 1511
2025-26
General Fund Departments
Law Enforcement
47 1512
2025-26 Law Enforcement
48 General Fund: Law Enforcement
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 0 0 0
Operations 14,879,733 17,469,000 2,589,267
Capital Outlay 231,350 183,000 48,350
Total 15,111,083 17,452,000 2,340,917
1513
2025-26 Law Enforcement
2024-25 Current Year Contract Budget:
• Projected 4.0-4.25% rate increase over 2023-24
• RSO revised rate increase to 7.0% over 2023-24
• 03/2025: RSO projects 9.0% rate increase for
2025-26
• 9.0% rate increase included in budget
• $1,117,267
49 1514
2025-26 Law Enforcement
Major Proposals: Recommended by City Manager
• $1,149,000 –Additional 12 hours patrol
• Total 108 daily patrol hours
• $323,000 – 1 Dedicated Sergeant
• Oversees Dedicated Traffic Staff
• Position is currently filled, however RSO requests the City pay for 100% dedicated positions
50 1515
2025-26 Law Enforcement
Major Proposals: Recommended by City Manager
• $76,000 – Replace 2 BMW Motorcycles
• Remaining offset to capital outlay is savings for
Flock installation from prior year
51 1516
2025-26 Law Enforcement
52 Contract Staffing Levels:
• Average Patrol Services: 108 hours per day
• Increased from 92 hours per day *
• Increased from 96 hours per day #
• Dedicated Sworn & Non-Sworn Positions
• Two (2) Traffic Enforcement Deputy – Fully Supported
• Four (4) Zone Policing Deputy – Fully Supported **
• Four (4) Motor Deputy – Fully Supported *
• Six (6) Community Service Officer Positions (2 Traffic & 4 Patrol) @ • One (1) Commercial Enforcement Deputy @
• Two (2) Dedicated Sergeants @#
• 1.5 FTE School Site Resource Officer 50% Cost Share
*Budget 2021-22 increase **Mid-Year 2021-22 increase
@ Budget 2023-24 increase # Budget 2025-26 increase
1517
2025
-26
General Fund
Departments
Community
Development:

Building &
Planning
1518
2025-26 Community Development: Admin
54 General Fund: CDD Admin
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 342,633 367,345 24,712
Operations 112,720 169,520 56,800
Capital Outlay 0 0 0
Total 455,353 536,865 81,512
1519
2025-26 Community Development: Admin
Major Proposals: Recommended by City Manager
• $55,000 – Contract services for Land Development
Support, moved from Economic Development
• Additional Personnel Increase – Changes in
employee benefit selection
55 1520
2025-26 Community Development: Planning
56 General Fund: CDD Planning
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 688,777 729,933 41,156
Operations 430,130 454,380 24,250
Capital Outlay 0 0 0
Total 1,118,907 1,184,313 65,406
1521
2025-26 Community Development: Planning
Major Proposals: Recommended by City Manager
• Adding budget of $4,120 to allow for promotional
opportunities:
• Planning Technician to Assistant Planner
• Additional Personnel Increase – Changes in
employee benefit selection
• Contract Services – CPI related increases
57 1522
2025-26 Community Dev: Building Safety
58 General Fund: CDD Building Safety
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 799,444 931,730 132,286
Operations 1,064,500 1,067,000 2,500
Capital Outlay 0 0 0
Total 1,863,944 1,998,730 134,786
1523
2025-26 Community Development: Building
Major Proposals: Recommended by City Manager
• Additional Personnel Increase – Changes in
employee benefit selection
• Contract Services – Minimal increase
59 1524
2025-26
General Fund Departments
Public Works
60 1525
2025
-26
General Fund
Departments
Public Works
1526
2025-26 Public Works Engineering
62 General Fund: PW Engineering
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 1,631,185 1,868,865 237,680
Operations 1,624,933 1,973,670 348,737
Capital Outlay 0 0 0
Total 3,256,118 3,842,535 586,417
1527
2025-26 Public Works Engineering
Major Proposals: Recommended by City Manager
• $155,000 – GIS Analyst
• $24,570 – Intern
• Additional Personnel Increase – Changes in
employee benefit selection
• $280,000 – Inspection services for Private
Development
• CPI and Inflation increases on contract services
63 1528
2025-26 Public Works & Streets
64 General Fund: PW & Streets
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 1,173,672 1,011,439 (162,233)
Operations 971,725 1,016,725 45,000
Capital Outlay 0 0 0
Total 2,145,397 2,028,164 (117,233)
1529
2025-26 Public Works & Streets
Major Proposals: Recommended by City Manager
• $15,000 – Trailer for skip loader
• $155,000 – Diesel Skip Loader (AQMD Funds, non-General Fund) • CPI and Inflation increases on contract services
• Additional Personnel Savings – Changes in employee benefit selection
65 1530
2025-26 PW Facilities & Landscaping
66 General Fund: PW Facilities & Landscaping
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 321,384 327,434 6,050
Operations 552,390 645,090 92,700
Capital Outlay 0 0 0
Total 873,774 972,524 98,750
1531
2025-26 PW Facilities & Landscaping
Major Proposals: Recommended by City Manager
• $25,000 – Mission Boulevard Landscape/Median
Improvement
• $54,000 – Archibald @ Prado Basin Road & River
Road/Archibald Landscape Frontage Maintenance
67 1532
2025-26
General Fund Departments
Animal Control &
Crossing Guards
68 1533
2025-26 Animal Control
69 Services Provided:
• Animal Licensing
• Licensing revenue offsets contract costs
• Sheltering
• Kenneling
• Field Animal Control Officer 0.5 FTE
• Licensing checks
• Live animal and deceased animal pickup
1534
2025-26 Animal Control
70 General Fund: Animal Control
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 0 0 0
Operations 367,500 367,500 0
Capital Outlay 0 0 0
Total 367,500 367,500 0
1535
2025-26 Crossing Guards
71 Services Provided:
• City responsible for reimbursing 50% of CNUSD
costs
• Locations are negotiated between City and
CNUSD
• 11 current locations
• New locations must be memorialized with
amendment to agreement
1536
2025-26 Crossing Guards
72 General Fund: Crossing Guards
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 0 0 0
Operations 150,000 150,000 0
Capital Outlay 0 0 0
Total 150,000 150,000 0
1537
2025-26
General Fund Departments
Non Departmental
73 1538
2025-26 Non Departmental
74 Services Provided:
• City-wide Personnel Benefits
• Separation leave payout, CalPERS pension liability,
OPEB (retiree health) liability
• Building leases
• Contingency
• Bad debt
• Tax Sharing Agreements
• RivCo Revenue Neutrality
1539
2025-26 Non Departmental
75 General Fund: Non Departmental
Category
Amended
Budget
2024-25
Proposed
Budget
2025-26
Change
2025 to
2026
Personnel 500,090 520,962 20,872
Operations 1,793,400 2,081,500 288,100
Capital Outlay 0 0 0
Total 2,293,490 2,602,462 308,972
1540
2025-26 Non Departmental
Major Proposals: Recommended by City Manager
• $60,000 – Additional Sales Tax Sharing
• $296,000 – Additional Transient Occupancy Tax
Sharing
• $35,000 – Bad Debt increase
• ($105,000) – Moved copier and internet to ITS
budget
76 1541
2025-26
General Fund Departments
Transfers
77 1542
General Fund Transfers
78 Transfer-Out (one-time)
Capital Improvement Plan Contribution
 $21.8 million Civic Center Reserve appropriation
 $9.9 million Library Reserve appropriation
 $4.2 million Police Station Reserve appropriation
 $7.0 million Civic Center Site Reserve appropriation
 $4.5 million Parking Structure
1543
General Fund Transfers
79 Transfer-Out (one-time)
Capital Replacement Contribution $1,100,000
 $50,000 Information Technology Replacement
 $240,000 Fleet Replacement
 $500,000 Street Maintenance
 $250,000 Facilities Maintenance
 $100,000 Catch Basin & Storm Drain
Maintenance
1544
2025-26
General Fund
Authorized Positions
80 1545
General Fund Authorized Positions
81 • Major Expenditure Adjustments
 Personnel $835,590 increase
 New positions & position changes
 Increase in Workers Compensation PERMA
1546
General Fund Authorized Positions
82 Historical and projected authorized positions, by FTE

63.25 74.00 76.00

80.25 -
10 20
30 40
50 60
70 80
90 Amended
2022-23
Amended
2023-24
Amended
2024-25
Proposed
2025-26
1547
2025-26
General Fund Fund-Balance
Projection
831548
-
20 40
60 80
100
120
140
160
180
200
FY2021-22 FY2022-23 FY2023-24 FY2024-25 FY 2025-26
Millions
Assigned: Emergency Contingency Assigned: Other Committed Reserves Unassigned Reserves Operating Expenditures General Fund Fund-Balance
84 Historical and projected fund balance and reserves
versus Expenditures
$179.8M
$191.7M
$166.5M
$61.9M
$96.4M
1549
$-
$20
$40
$60
$80
$100
Assigned:

Emergency
Contingency
Assigned: Other Committed:

Civic Center
Pension Liability
Reserve
Public Safety
Rate
Stabilization
Equipment
Purchase: Fire
Truck
Debt Service
Reserve: Civic
Center
Unassigned
Reserves
Millions
2025-26 General-Fund Fund-Balance
Projection @ June 30, 2026
85 50% Assigned
Operational
Reserve
Committed Reserves
$89.3 $2.5 $3.0 $2.7
$7.0 $8.2 $22.0 $19.9
1550
2025-26
General Fund Five-Year
Projection
861551
General Fund Five-Year Projection
Five Year Long Range Plan Assumptions:
• Assumes current economic status
• Utilizes current operating surplus assumption (60% operating/ 40% onetime sales tax) • Limited new sales tax revenues
• Projects new property tax revenues related to residential development • Service CFD revenues for Public Safety
• Assumes all Civic Center reserves expensed
• Assumes reduced interest earnings
• Assumes debt issuance for Civic Center with $6.5M annual debt service • Projects Civic Center operating and maintenance costs • Does not assume Downtown development impacts
• Includes Fire Fund contribution
87 1552
General Fund Five Year Projection
88 Projected Budget
-
10 20
30 40
50 60
70 80
90 2025-26 2026-27 2027-28 2028-29 2029-30
Millions
Operating Revenues Non Operating Revenues Operating Expenditures 1553
2025-26
Fire Fund
89 1554
2025-26 Fire Fund Overview
90 Projected Fire revenue: $10,763,000
Based on 6.5% of every $1.00 in property tax, plus fee
revenue
Projected Fire expenditures: $9,830,975
Including Contract Costs, Revenue Neutrality & City Costs Projected Fiscal Year Budget Surplus: $932,025
1555
2025-26 Fire Fund Overview
91 Historical and projected expenditures
$-
$2
$4
$6
$8
$10
$12
FY2021-22 FY2022-23 FY2023-24 FY2024-25 FY2025-26
Millions
Contract Costs City Costs Revenue Neutrality Revenues
1556
2025-26 Fire Services: Contract Staffing
92 • Station 27
• Medic Engine - 3 Staff
• Medic Squad – 2 Staff
• Station 31
• Medic Engine -3 Staff
• 1.0 FTE Deputy Fire Marshall
• 0.5 FTE Fire Systems Inspector
• Construction inspections
• 1.0 FTE Fire Safety Specialist
• Assists new construction inspections
• 1.0 FTE Fire Systems Inspector
• Business inspection program
1557
2025-26 Fire Services
Major Proposals: Recommended by City Manager
• $110,800 – Dedicated Deputy Fire Marshall
• Increase from 0.5 to 1.0 FTE
• $100,600 – Dedicated Fire Safety Specialist
• Increase from 0.5 to 1.0 FTE
93 1558
2025-26 Fire Fund: Fund Balance
94 Estimated Fund Balance @ 06/30/2026 $19,422,949
Assigned Reserve:
75% Operating Contingency - 7,373,231
Committed Reserves:

Facility Construction: 3rd Fire Station - 11,500,000
Equipment: Apparatus Replacement - 400,000
Estimated Unassigned Fund Balance = 149,718
1559
2025-26
Fire Fund Five-Year Projection
951560
Fire Fund Five Year Projection
Five Year Long Range Plan Assumptions:
• Projects new property tax revenues related to residential development
• Assumes all Fire Station reserves expensed
• Assumes reduced interest earnings
• Projects fire service increases
• Staffing Fire Truck by swapping Truck for Engine
• Projects Fire Station operating and maintenance costs • Does not assume Downtown development impacts
96 1561
Fire Fund Five Year Projection
97 Projected Budget
-
2 4
6 8
10 12
14 16
2025-26 2026-27 2027-28 2028-29 2029-30
Millions
Operating Revenues Operating Expenditures
1562
Next Steps
• Complete budget projections:
• Finalize cost allocation plan & general contribution to special districts • Finalize special revenue fund budgets
• Finalize Gann Appropriations Limit Calculation – letter received after May 1
• Calculate & finalize recommended reserves
• Complete Civic Center Bonding Analysis and DIF Interfund Loan • Compile budget book – online
• Proposed Budget Study Session June 11
• Final Budget Adoption June 25
98 1563
Discussion &
Questions
99 1564
State of California

GOVERNMENT CODE
Section 65915
65915. (a)  (1)  When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the jurisdiction of a city, county, or city and county, that local government shall comply with this section. A city, county, or city and county shall adopt an ordinance that specifies how compliance with this section will be implemented. Except as otherwise provided in subdivision (s), failure to adopt an ordinance shall not relieve a city, county, or city and county from complying with this section.
(2)  A local government shall not condition the submission, review, or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. This subdivision does not prohibit a local government from requiring an applicant to provide reasonable documentation to establish eligibility for a requested density bonus, as described in subdivision (b), and parking ratios, as described in subdivision (p). (3)  In order to provide for the expeditious processing of a density bonus application, the local government shall do all of the following:
(A)  Adopt procedures and timelines for processing a density bonus application. (B)  Provide a list of all documents and information required to be submitted with the density bonus application in order for the density bonus application to be deemed complete. This list shall be consistent with this chapter. (C)  Notify the applicant for a density bonus whether the application is complete in a manner consistent with the timelines specified in Section 65943. (D)  (i)  If the local government notifies the applicant that the application is deemed complete pursuant to subparagraph (C), provide the applicant with a determination as to the following matters:
(I)  The amount of density bonus, calculated pursuant to subdivision (f), for which the applicant is eligible.
(II)  If the applicant requests a parking ratio pursuant to subdivision (p), the parking ratio for which the applicant is eligible.
(III)  If the applicant requests incentives or concessions pursuant to subdivision (d) or waivers or reductions of development standards pursuant to subdivision (e), whether the applicant has provided adequate information for the local government to make a determination as to those incentives, concessions, waivers, or reductions of development standards.
(ii)  Any determination required by this subparagraph shall be based on the development project at the time the application is deemed complete. The local government shall adjust the amount of density bonus and parking ratios awarded 1565 236
pursuant to this section based on any changes to the project during the course of development.
(b)  (1)  A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (f), and, if requested by the applicant and consistent with the applicable requirements of this section, incentives or concessions, as described in subdivision (d), waivers or reductions of development standards, as described in subdivision (e), and parking ratios, as described in subdivision (p), if an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:
(A)  Ten percent of the total units of a housing development, including a shared housing building development, for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code. (B)  Five percent of the total units of a housing development, including a shared housing building development, for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code. (C)  A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. For purposes of this subparagraph, “development” includes a shared housing building development and a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.
(D)  Ten percent of the total dwelling units of a housing development are sold to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code, provided that all units in the development are offered to the public for purchase.
(E)  Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11301 et seq.). The units described in this subparagraph are subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.
(F)  (i)  Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
(I)  All units in the student housing development shall be used exclusively for undergraduate, graduate, or professional students enrolled currently or in the past six months in at least six units at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has done any one of the following:
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(ia)  Entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions.

An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are insufficient students enrolled in an institution of higher education to fill all units in the student housing development. (ib)  Established a system for confirming its renters’ status as students to ensure that all units of the student housing development are occupied with students from an institution of higher education.
(II)  The applicable units in the student housing development for lower income students shall be used for and occupied by lower income students. (III)  The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
(IV)  The development shall provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause. (V)  The student housing development is not located on a site that pursuant to paragraph (3) of subdivision (c) would require replacement units for projects with greater than a 35 percent density bonus.
(ii)  For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities. The units described in this subparagraph are subject to a recorded affordability restriction of 55 years, which shall not tie any rental bed reserved for lower income students to a specific bedroom.

Notwithstanding any other law, an affordability restriction provision, state or county law or policy, or property management policy shall not prevent a lower income student from sharing a room or unit with a nonlower income student. Any attempted waiver of the requirements of this clause is void as against public policy. (G)  One hundred percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code. For purposes of this subparagraph, “development” includes a shared housing building development.
(2)  For purposes of calculating the amount of the density bonus pursuant to subdivision (f), an applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall be awarded on the basis of subparagraph (A), (B), (C), (D), (E), (F), or (G) of paragraph (1).
(c)  (1)  (A)  An applicant shall agree to, and the city, county, or city and county shall ensure, the continued affordability of all very low and low-income rental units 1567 238
that qualified the applicant for the award of the density bonus for 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. (B)  (i)  Except as otherwise provided in clause (ii), rents for the lower income density bonus units shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(ii)  For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), rents for all units in the development, including both base density and density bonus units, shall be as follows:
(I)  The rent for at least 20 percent of the units in the development shall be set at an affordable rent, as defined in Section 50053 of the Health and Safety Code. (II)  The rent for the remaining units in the development shall be set at an amount consistent with the maximum rent levels for lower income households, as those rents and incomes are determined by the California Tax Credit Allocation Committee. (2)  (A)  An applicant shall agree to ensure, and the city, county, or city and county shall ensure, that a for-sale unit that qualified the applicant for the award of the density bonus meets one of the following conditions:
(i)  The unit is initially sold to and occupied by a person or family of very low, low, or moderate income, as required, and it is offered at an affordable housing cost, as that cost is defined in Section 50052.5 of the Health and Safety Code and is subject to an equity sharing agreement.
(ii)  If the unit is not purchased by an income-qualified person or family within 180 days after the issuance of the certificate of occupancy, the unit is purchased by a qualified nonprofit housing corporation that meets all of the following requirements pursuant to a recorded contract that satisfies all of the requirements specified in paragraph (10) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code:
(I)  The nonprofit corporation has a determination letter from the Internal Revenue Service affirming its tax-exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code and is not a private foundation as that term is defined in Section 509 of the Internal Revenue Code.
(II)  The nonprofit corporation is based in California. (III)  All of the board members of the nonprofit corporation have their primary residence in California.
(IV)  The primary activity of the nonprofit corporation is the development and preservation of affordable home ownership housing in California that incorporates within their contracts for initial purchase a repurchase option that requires a subsequent purchaser of the property that desires to resell or convey the property to offer the qualified nonprofit corporation the right to repurchase the property prior to selling or conveying that property to any other purchaser pursuant to an equity sharing agreement or affordability restrictions on the sale and conveyance of the property that ensure that the property will be preserved for lower income housing for at least 45 years for owner-occupied housing units and will be sold or resold only to persons or families of very low, low, or moderate income, as defined in Section 50052.5 of the Health and Safety Code.
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(B)  For purposes of this paragraph, a “qualified nonprofit housing corporation” is a nonprofit housing corporation organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received a welfare exemption under Section 214.15 of the Revenue and Taxation Code for properties intended to be sold to low-income families who participate in a special no-interest loan program.
(C)  The local government shall enforce an equity sharing agreement required pursuant to clause (i) or (ii) of subparagraph (A), unless it is in conflict with the requirements of another public funding source or law or may defer to the recapture provisions of the public funding source. The following apply to the equity sharing agreement:
(i)  Upon resale, the seller of the unit shall retain the value of any improvements, the downpayment, and the seller’s proportionate share of appreciation. (ii)  Except as provided in clause (v), the local government shall recapture any initial subsidy, as defined in clause (iii), and its proportionate share of appreciation, as defined in clause (iv), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
(iii)  For purposes of this subdivision, the local government’s initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any downpayment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
(iv)  For purposes of this subdivision, the local government’s proportionate share of appreciation shall be equal to the ratio of the local government’s initial subsidy to the fair market value of the home at the time of initial sale. (v)  If the unit is purchased or developed by a qualified nonprofit housing corporation pursuant to clause (ii) of subparagraph (A) the local government may enter into a contract with the qualified nonprofit housing corporation under which the qualified nonprofit housing corporation would recapture any initial subsidy and its proportionate share of appreciation if the qualified nonprofit housing corporation is required to use 100 percent of the proceeds to promote homeownership for lower income households as defined by Section 50079.5 of the Health and Safety Code within the jurisdiction of the local government.
(3)  (A)  Except as provided in subclause (V) of clause (i) of subparagraph (F) of paragraph (1) of subdivision (b), an applicant shall be ineligible for a density bonus or any other incentives or concessions under this section if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are located or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity’s valid exercise of its police power; or occupied by lower or very low 1569 240
income households, unless the proposed housing development replaces those units, and either of the following applies:
(i)  The proposed housing development, inclusive of the units replaced pursuant to this paragraph, contains affordable units at the percentages set forth in subdivision (b).
(ii)  Each unit in the development, exclusive of a manager’s unit or units, is affordable to, and occupied by, either a lower or very low income household. (B)  For the purposes of this paragraph, “replace” shall mean either of the following:
(i)  If any dwelling units described in subparagraph (A) are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those households in occupancy. If the income category of the household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. For unoccupied dwelling units described in subparagraph (A) in a development with occupied units, the proposed housing development shall provide units of equivalent size to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as the last household in occupancy. If the income category of the last household in occupancy is not known, it shall be rebuttably presumed that lower income renter households occupied these units in the same proportion of lower income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii)  If all dwelling units described in subparagraph (A) have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, it shall be rebuttably presumed that low-income and very low income renter households occupied these units in the same proportion of low-income and very low income renter households to all renter households within the jurisdiction, as determined by the most recently available data from the United States Department of Housing and Urban Development’s 1570 241
Comprehensive Housing Affordability Strategy database. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (C)  Notwithstanding subparagraph (B), for any dwelling unit described in subparagraph (A) that is or was, within the five-year period preceding the application, subject to a form of rent or price control through a local government’s valid exercise of its police power and that is or was occupied by persons or families above lower income, the city, county, or city and county may do either of the following:
(i)  Require that the replacement units be made available at affordable rent or affordable housing cost to, and occupied by, low-income persons or families. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least 55 years. If the proposed development is for-sale units, the units replaced shall be subject to paragraph (2). (ii)  Require that the units be replaced in compliance with the jurisdiction’s rent or price control ordinance, provided that each unit described in subparagraph (A) is replaced. Unless otherwise required by the jurisdiction’s rent or price control ordinance, these units shall not be subject to a recorded affordability restriction. (D)  For purposes of this paragraph, “equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced. (E)  Subparagraph (A) does not apply to an applicant seeking a density bonus for a proposed housing development if the applicant’s application was submitted to, or processed by, a city, county, or city and county before January 1, 2015. (d)  (1)  An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or city and county a proposal for the specific incentives or concessions that the applicant requests pursuant to this section, and may request a meeting with the city, county, or city and county. The city, county, or city and county shall grant the concession or incentive requested by the applicant unless the city, county, or city and county makes a written finding, based upon substantial evidence, of any of the following:
(A)  The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (B)  The concession or incentive would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low-income and moderate-income households.
(C)  The concession or incentive would be contrary to state or federal law. (2)  The applicant shall receive the following number of incentives or concessions:
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(A)  One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at least 10 percent for persons and families of moderate income in a development in which the units are for sale.
(B)  Two incentives or concessions for projects that include at least 17 percent of the total units for lower income households, at least 10 percent for very low income households, or at least 20 percent for persons and families of moderate income in a development in which the units are for sale.
(C)  Three incentives or concessions for projects that include at least 24 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a development in which the units are for sale.
(D)  Five incentives or concessions for a project meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b). If the project is located within one-half mile of a major transit stop or is located in a very low vehicle travel area in a designated county, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.
(E)  One incentive or concession for projects that include at least 20 percent of the total units for lower income students in a student housing development. If a project includes at least 23 percent of the total units for lower income students in a student housing project, the applicant shall instead receive two incentives or concessions. (F)  Four incentives or concessions for projects that include at least 16 percent of the units for very low income households or at least 45 percent for persons and families of moderate income in a development in which the units are for sale. (3)  The applicant may initiate judicial proceedings if the city, county, or city and county refuses to grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a requested density bonus, incentive, or concession is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that has a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to grant an incentive or concession that would have an adverse impact on any real property that is listed in the California Register of Historical Resources. The city, county, or city and county shall establish procedures for carrying out this section that shall include legislative body approval of the means of compliance with this section.
(4)  The city, county, or city and county shall bear the burden of proof for the denial of a requested concession or incentive.
(e)  (1)  In no case may a city, county, or city and county apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted by this section. Subject to paragraph (3), an 1572 243
applicant may submit to a city, county, or city and county a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney’s fees and costs of suit. This subdivision shall not be interpreted to require a local government to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. This subdivision shall not be interpreted to require a local government to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law.
(2)  A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d). (3)  A housing development that receives a waiver from any maximum controls on density pursuant to clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f) shall only be eligible for a waiver or reduction of development standards as provided in subparagraph (D) of paragraph (2) of subdivision (d) and clause (ii) of subparagraph (D) of paragraph (3) of subdivision (f), unless the city, county, or city and county agrees to additional waivers or reductions of development standards. (f)  For the purposes of this chapter, “density bonus” means a density increase over the otherwise maximum allowable gross residential density, as of the date of application by the applicant to the city, county, or city and county, or, if elected by the applicant, a lesser percentage of density increase, including, but not limited to, no increase in density. The amount of density increase to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subdivision (b). (1)  For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Density
Bonus
Percentage Low-Income Units
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
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17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
(3) (A) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of senior housing units.
(B) For housing developments meeting the criteria of subparagraph (E) of paragraph (1) of subdivision (b), the density bonus shall be 20 percent of the number of the type of units giving rise to a density bonus under that subparagraph. (C) For housing developments meeting the criteria of subparagraph (F) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Lower Income Units Percentage Density Bonus
20 35
21 38.75
22 42.5
23 46.25
24 50
(D)  For housing developments meeting the criteria of subparagraph (G) of paragraph (1) of subdivision (b), the following shall apply:
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(i)  Except as otherwise provided in clauses (ii) and (iii), the density bonus shall be 80 percent of the number of units for lower income households. (ii)  If the housing development is located within one-half mile of a major transit stop, the city, county, or city and county shall not impose any maximum controls on density.
(iii)  If the housing development is located in a very low vehicle travel area within a designated county, the city, county, or city and county shall not impose any maximum controls on density.
(4)  For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), the density bonus shall be calculated as follows:

Percentage Moderate-Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
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42 42.5
43 46.25
44 50
(5) All density calculations resulting in fractional units shall be rounded up to the next whole number. The granting of a density bonus shall not require, or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
(g) (1) When an applicant for a tentative subdivision map, parcel map, or other residential development approval donates land to a city, county, or city and county in accordance with this subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum allowable residential density for the entire development, as follows:

Percentage Very Low Income Percentage Density Bonus
10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2)  This increase shall be in addition to any increase in density mandated by subdivision (b), up to a maximum combined mandated density increase of 35 percent if an applicant seeks an increase pursuant to both this subdivision and subdivision (b). All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to enlarge or diminish the authority of a city, county, or city and county to require a developer to donate land as a condition of development. An applicant shall be eligible for the 1576 247
increased density bonus described in this subdivision if all of the following conditions are met:
(A)  The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. (B)  The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than 10 percent of the number of residential units of the proposed development.
(C)  The transferred land is at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned with appropriate development standards for development at the density described in paragraph (3) of subdivision (c) of Section 65583.2, and is or will be served by adequate public facilities and infrastructure. (D)  The transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of the very low income housing units on the transferred land, not later than the date of approval of the final subdivision map, parcel map, or residential development application, except that the local government may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the local government before the time of transfer.
(E)  The transferred land and the affordable units shall be subject to a deed restriction ensuring continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall be recorded on the property at the time of the transfer. (F)  The land is transferred to the local agency or to a housing developer approved by the local agency. The local agency may require the applicant to identify and transfer the land to the developer.
(G)  The transferred land shall be within the boundary of the proposed development or, if the local agency agrees, within one-quarter mile of the boundary of the proposed development.
(H)  A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.
(h)  (1)  When an applicant proposes to construct a housing development that conforms to the requirements of subdivision (b) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the following:
(A)  An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility. (B)  An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility. (2)  The city, county, or city and county shall require, as a condition of approving the housing development, that the following occur:
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(A)  The childcare facility shall remain in operation for a period of time that is as long as or longer than the period of time during which the density bonus units are required to remain affordable pursuant to subdivision (c). (B)  Of the children who attend the childcare facility, the children of very low income households, lower income households, or families of moderate income shall equal a percentage that is equal to or greater than the percentage of dwelling units that are required for very low income households, lower income households, or families of moderate income pursuant to subdivision (b). (3)  Notwithstanding any requirement of this subdivision, a city, county, or city and county shall not be required to provide a density bonus or concession for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.
(4)  “Childcare facility,” as used in this section, means a child daycare facility other than a family daycare home, including, but not limited to, infant centers, preschools, extended daycare facilities, and schoolage childcare centers. (i)  “Housing development,” as used in this section, means a development project for five or more residential units, including mixed-use developments. For the purposes of this section, “housing development” also includes a subdivision or common interest development, as defined in Section 4100 of the Civil Code, approved by a city, county, or city and county and consists of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. For the purpose of calculating a density bonus, the residential units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located.
(j)  (1)  The granting of a concession or incentive shall not require or be interpreted, in and of itself, to require a general plan amendment, local coastal plan amendment, zoning change, study, or other discretionary approval. For purposes of this subdivision, “study” does not include reasonable documentation to establish eligibility for the concession or incentive or to demonstrate that the incentive or concession meets the definition set forth in subdivision (k). This provision is declaratory of existing law. (2)  Except as provided in subdivisions (d) and (e), the granting of a density bonus shall not require or be interpreted to require the waiver of a local ordinance or provisions of a local ordinance unrelated to development standards. (k)  For the purposes of this chapter, concession or incentive means any of the following:
(1)  A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety 1578 249
Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable and actual cost reductions, to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c). (2)  Approval of mixed-use zoning in conjunction with the housing project if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing project will be located.
(3)  Other regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
(l)  Subdivision (k) does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city, county, or city and county, or the waiver of fees or dedication requirements.
(m)  This section does not supersede or in any way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Any density bonus, concessions, incentives, waivers or reductions of development standards, and parking ratios to which the applicant is entitled under this section shall be permitted in a manner that is consistent with this section and Division 20 (commencing with Section 30000) of the Public Resources Code.
(n)  If permitted by local ordinance, nothing in this section shall be construed to prohibit a city, county, or city and county from granting a density bonus greater than what is described in this section for a development that meets the requirements of this section or from granting a proportionately lower density bonus than what is required by this section for developments that do not meet the requirements of this section.
(o)  For purposes of this section, the following definitions shall apply:
(1)  “Designated county” includes the Counties of Alameda, Contra Costa, Los Angeles, Marin, Napa, Orange, Riverside, Sacramento, San Bernardino, San Diego, San Mateo, Santa Barbara, Santa Clara, Solano, Sonoma, and Ventura, and the City and County of San Francisco.
(2)  “Development standard” includes a site or construction condition, including, but not limited to, a height limitation, a setback requirement, a floor area ratio, an onsite open-space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development pursuant to any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation that is adopted by the local government or that is enacted by the local government’s electorate exercising its local initiative or referendum power, whether 1579 250
that power is derived from the California Constitution, statute, or the charter or ordinances of the local government.
(3)  “Located within one-half mile of a major transit stop” means that any point on a proposed development, for which an applicant seeks a density bonus, other incentives or concessions, waivers or reductions of development standards, or a vehicular parking ratio pursuant to this section, is within one-half mile of any point on the property on which a major transit stop is located, including any parking lot owned by the transit authority or other local agency operating the major transit stop. (4)  “Lower income student” means a student who has a household income and asset level that does not exceed the level for Cal Grant A or Cal Grant B award recipients as set forth in subdivision (k) of Section 69432.7 of the Education Code.

The eligibility of a student to occupy a unit for lower income students under this section shall be verified by an affidavit, award letter, or letter of eligibility provided by the institution of higher education in which the student is enrolled or by the California Student Aid Commission that the student receives or is eligible for financial aid, including an institutional grant or fee waiver from the college or university, the California Student Aid Commission, or the federal government. (5)  “Major transit stop” has the same meaning as defined in subdivision (b) of Section 21155 of the Public Resources Code.
(6)  “Maximum allowable residential density” or “base density” means the greatest number of units allowed under the zoning ordinance, specific plan, or land use element of the general plan, or, if a range of density is permitted, means the greatest number of units allowed by the specific zoning range, specific plan, or land use element of the general plan applicable to the project. Density shall be determined using dwelling units per acre. However, if the applicable zoning ordinance, specific plan, or land use element of the general plan does not provide a dwelling-units-per-acre standard for density, then the local agency shall calculate the number of units by:
(A)  Estimating the realistic development capacity of the site based on the objective development standards applicable to the project, including, but not limited to, floor area ratio, site coverage, maximum building height and number of stories, building setbacks and stepbacks, public and private open-space requirements, minimum percentage or square footage of any nonresidential component, and parking requirements, unless not required for the base project. Parking requirements shall include considerations regarding number of spaces, location, design, type, and circulation. A developer may provide a base density study and the local agency shall accept it, provided that it includes all applicable objective development standards. (B)  Maintaining the same average unit size and other project details relevant to the base density study, excepting those that may be modified by waiver or concession to accommodate the bonus units, in the proposed project as in the study. (7)  (A)  (i)  “Shared housing building” means a residential or mixed-use structure, with five or more shared housing units and one or more common kitchens and dining areas designed for permanent residence of more than 30 days by its tenants. The kitchens and dining areas within the shared housing building shall be able to adequately accommodate all residents. If a local ordinance further restricts the attributes of a 1580 251
shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
(ii)  A “shared housing building” may include other dwelling units that are not shared housing units, provided that those dwelling units do not occupy more than 25 percent of the floor area of the shared housing building. A shared housing building may include 100 percent shared housing units.
(B)  (i)  “Shared housing unit” means one or more habitable rooms, not within another dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for permanent residence, that meets the “minimum room area” specified in Section R304 of the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations), and complies with the definition of “guestroom” in Section R202 of the California Residential Code. If a local ordinance further restricts the attributes of a shared housing building beyond the requirements established in this section, the local definition shall apply to the extent that it does not conflict with the requirements of this section.
(ii)  “Shared housing unit” for purposes of a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code, includes a unit without an individual kitchen where a unit may be shared by unrelated persons, and a unit where a room that may be shared by unrelated persons meets the “minimum room area” requirements of clause (i).
(8)  “Student housing development” means a development that contains bedrooms containing two or more bedspaces that have a shared or private bathroom, access to a shared or private living room and laundry facilities, and access to a shared or private kitchen.
(9)  (A)  “Total units” or “total dwelling units” means a calculation of the number of units that:
(i)  Excludes a unit added by a density bonus awarded pursuant to this section or any local law granting a greater density bonus.
(ii)  Includes a unit designated to satisfy an inclusionary zoning requirement of a city, county, or city and county.
(B)  For purposes of calculating a density bonus granted pursuant to this section for a shared housing building, “unit” means one shared housing unit and its pro rata share of associated common area facilities.
(10)  “Very low vehicle travel area” means an urbanized area, as designated by the United States Census Bureau, where the existing residential development generates vehicle miles traveled per capita that is below 85 percent of either regional vehicle miles traveled per capita or city vehicle miles traveled per capita. For purposes of this paragraph, “area” may include a travel analysis zone, hexagon, or grid. For the purposes of determining “regional vehicle miles traveled per capita” pursuant to this paragraph, a “region” is the entirety of incorporated and unincorporated areas governed by a multicounty or single-county metropolitan planning organization, or the entirety of the incorporated and unincorporated areas of an individual county that is not part of a metropolitan planning organization.
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(p)  (1)  Except as provided in paragraphs (2), (3), and (4), upon the request of the developer, a city, county, or city and county shall not require a vehicular parking ratio, inclusive of parking for persons with a disability and guests, of a development meeting the criteria of subdivisions (b) and (c), that exceeds the following ratios:
(A)  Zero to one bedroom: one onsite parking space.
(B)  Two to three bedrooms: one and one-half onsite parking spaces. (C)  Four and more bedrooms: two and one-half parking spaces. (D)  One bedspace in a student housing development: zero parking spaces. (2)  (A)  Notwithstanding paragraph (1), if a development includes at least 20 percent low-income units for housing developments meeting the criteria of subparagraph (A) of paragraph (1) of subdivision (b) or at least 11 percent very low income units for housing developments meeting the criteria of subparagraph (B) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, and there is unobstructed access to the major transit stop from the development, then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per unit. Notwithstanding paragraph (1), if a development includes at least 40 percent moderate-income units for housing developments meeting the criteria of subparagraph (D) of paragraph (1) of subdivision (b), is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and the residents of the development have unobstructed access to the major transit stop from the development then, upon the request of the developer, a city, county, or city and county shall not impose a vehicular parking ratio, inclusive of parking for persons with a disability and guests, that exceeds 0.5 spaces per bedroom.
(B)  For purposes of this subdivision, “unobstructed access to the major transit stop” means a resident is able to access the major transit stop without encountering natural or constructed impediments. For purposes of this subparagraph, “natural or constructed impediments” includes, but is not limited to, freeways, rivers, mountains, and bodies of water, but does not include residential structures, shopping centers, parking lots, or rails used for transit.
(3)  Notwithstanding paragraph (1), if a development meets the criteria of subparagraph (G) of paragraph (1) of subdivision (b), then, upon the request of the developer, a city, county, or city and county shall not impose vehicular parking standards if the development meets any of the following criteria:
(A)  The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. (B)  The development is a for-rent housing development for individuals who are 55 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day. (C)  The development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code. A development that 1582 253
is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.
(4)  If the total number of parking spaces required for a development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subdivision, a development may provide onsite parking through tandem parking or uncovered parking, but not through onstreet parking. (5)  This subdivision shall apply to a development that meets the requirements of subdivisions (b) and (c), but only at the request of the applicant. An applicant may request parking incentives or concessions beyond those provided in this subdivision pursuant to subdivision (d).
(6)  This subdivision does not preclude a city, county, or city and county from reducing or eliminating a parking requirement for development projects of any type in any location.
(7)  Notwithstanding paragraphs (2) and (3), if a city, county, city and county, or an independent consultant has conducted an areawide or jurisdictionwide parking study in the last seven years, then the city, county, or city and county may impose a higher vehicular parking ratio not to exceed the ratio described in paragraph (1), based upon substantial evidence found in the parking study, that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low-income and very low income individuals, including seniors and special needs individuals. The city, county, or city and county shall pay the costs of any new study. The city, county, or city and county shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.
(8)  A request pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subdivision (d).
(q)  Each component of any density calculation, including base density and bonus density, resulting in fractional units shall be separately rounded up to the next whole number. The Legislature finds and declares that this provision is declaratory of existing law.
(r)  This chapter shall be interpreted liberally in favor of producing the maximum number of total housing units.
(s)  Notwithstanding any other law, if a city, including a charter city, county, or city and county has adopted an ordinance or a housing program, or both an ordinance and a housing program, that incentivizes the development of affordable housing that allows for density bonuses that exceed the density bonuses required by the version of this section effective through December 31, 2020, that city, county, or city and county is not required to amend or otherwise update its ordinance or corresponding affordable housing incentive program to comply with the amendments made to this section by the act adding this subdivision, and is exempt from complying with the 1583 254
incentive and concession calculation amendments made to this section by the act adding this subdivision as set forth in subdivision (d), particularly subparagraphs (B) and (C) of paragraph (2) of that subdivision, and the amendments made to the density tables under subdivision (f).
(t)  When an applicant proposes to construct a housing development that conforms to the requirements of subparagraph (A) or (B) of paragraph (1) of subdivision (b) that is a shared housing building, the city, county, or city and county shall not require any minimum unit size requirements or minimum bedroom requirements that are in conflict with paragraph (7) of subdivision (o).
(u)  (1)  The Legislature finds and declares that the intent behind the Density Bonus Law is to allow public entities to reduce or even eliminate subsidies for a particular project by allowing a developer to include more total units in a project than would otherwise be allowed by the local zoning ordinance in exchange for affordable units.

It further reaffirms that the intent is to cover at least some of the financing gap of affordable housing with regulatory incentives, rather than additional public subsidy. (2)  It is therefore the intent of the Legislature to make modifications to the Density Bonus Law by the act adding this subdivision to further incentivize the construction of very low, low-, and moderate-income housing units. It is further the intent of the Legislature in making these modifications to the Density Bonus Law to ensure that any additional benefits conferred upon a developer are balanced with the receipt of a public benefit in the form of adequate levels of affordable housing. The Legislature further intends that these modifications will ensure that the Density Bonus Law creates incentives for the construction of more housing across all areas of the state. (v)  (1)  Provided that the resulting housing development would not restrict more than 50 percent of the total units to moderate-income, lower income, or very low income households, a city, county, or city and county shall grant an additional density bonus calculated pursuant to paragraph (2) when an applicant proposes to construct a housing development that conforms to the requirements of paragraph (1) of subdivision (b), agrees to include additional rental or for-sale units affordable to very low income households or moderate income households, and meets any of the following requirements:
(A)  The housing development conforms to the requirements of subparagraph (A) of paragraph (1) of subdivision (b) and provides 24 percent of the total units to lower income households.
(B)  The housing development conforms to the requirements of subparagraph (B) of paragraph (1) of subdivision (b) and provides 15 percent of the total units to very low income households.
(C)  The housing development conforms to the requirements of subparagraph (D) of paragraph (1) of subdivision (b) and provides 44 percent of the total units to moderate-income households.
(2)  A city, county, or city and county shall grant an additional density bonus for a housing development that meets the requirements of paragraph (1), calculated as follows:
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Percentage Very Low Income Units Percentage Density Bonus 5 20
6 23.75
7 27.5
8 31.25
9 35
10 38.75
Percentage Moderate-Income Units Percentage Density Bonus 5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50
(3)  The increase required by paragraphs (1) and (2) shall be in addition to any increase in density granted by subdivision (b).
(4)  The additional density bonus required under this subdivision shall be calculated using the number of units excluding any density bonus awarded by this section. (Amended by Stats. 2024, Ch. 432, Sec. 1.5. (AB 3116) Effective January 1, 2025.) 1585 256
State of California

GOVERNMENT CODE
Section 65589.5
65589.5. (a)  (1)  The Legislature finds and declares all of the following:
(A)  The lack of housing, including emergency shelters, is a critical problem that threatens the economic, environmental, and social quality of life in California. (B)  California housing has become the most expensive in the nation. The excessive cost of the state’s housing supply is partially caused by activities and policies of many local governments that limit the approval of housing, increase the cost of land for housing, and require that high fees and exactions be paid by producers of housing. (C)  Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.
(D)  Many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of housing development projects, reduction in density of housing projects, and excessive standards for housing development projects.
(2)  In enacting the amendments made to this section by the act adding this paragraph, the Legislature further finds and declares the following:
(A)  California has a housing supply and affordability crisis of historic proportions.

The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.
(B)  While the causes of this crisis are multiple and complex, the absence of meaningful and effective policy reforms to significantly enhance the approval and supply of housing affordable to Californians of all income levels is a key factor. (C)  The crisis has grown so acute in California that supply, demand, and affordability fundamentals are characterized in the negative: underserved demands, constrained supply, and protracted unaffordability.
(D)  According to reports and data, California has accumulated an unmet housing backlog of nearly 2,000,000 units and must provide for at least 180,000 new units annually to keep pace with growth through 2025.
(E)  California’s overall home ownership rate is at its lowest level since the 1940s.

The state ranks 49th out of the 50 states in home ownership rates as well as in the supply of housing per capita. Only one-half of California’s households are able to afford the cost of housing in their local regions.
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(F)  Lack of supply and rising costs are compounding inequality and limiting advancement opportunities for many Californians.
(G)  The majority of California renters, more than 3,000,000 households, pay more than 30 percent of their income toward rent and nearly one-third, more than 1,500,000 households, pay more than 50 percent of their income toward rent. (H)  When Californians have access to safe and affordable housing, they have more money for food and health care; they are less likely to become homeless and in need of government-subsidized services; their children do better in school; and businesses have an easier time recruiting and retaining employees. (I)  An additional consequence of the state’s cumulative housing shortage is a significant increase in greenhouse gas emissions caused by the displacement and redirection of populations to states with greater housing opportunities, particularly working- and middle-class households. California’s cumulative housing shortfall therefore has not only national but international environmental consequences. (J)  California’s housing picture has reached a crisis of historic proportions despite the fact that, for decades, the Legislature has enacted numerous statutes intended to significantly increase the approval, development, and affordability of housing for all income levels, including this section.
(K)  The Legislature’s intent in enacting this section in 1982 and in expanding its provisions since then was to significantly increase the approval and construction of new housing for all economic segments of California’s communities by meaningfully and effectively curbing the capability of local governments to deny, reduce the density for, or render infeasible housing development projects and emergency shelters. That intent has not been fulfilled.
(L)  It is the policy of the state that this section be interpreted and implemented in a manner to afford the fullest possible weight to the interest of, and the approval and provision of, housing.
(3)  It is the intent of the Legislature that the conditions that would have a specific, adverse impact upon the public health and safety, as described in paragraph (2) of subdivision (d) and paragraph (1) of subdivision (j), arise infrequently. (4)  It is the intent of the Legislature that the amendments removing provisions from subparagraphs (D) and (E) of paragraph (6) of subdivision (h) and adding those provisions to Sections 65589.5.1 and 65589.5.2 by Assembly Bill 1413 (2023), insofar as they are substantially the same as existing law, shall be considered restatements and continuations of existing law, and not new enactments. (b)  It is the policy of the state that a local government not reject or make infeasible housing development projects, including emergency shelters, that contribute to meeting the need determined pursuant to this article without a thorough analysis of the economic, social, and environmental effects of the action and without complying with subdivision (d).
(c)  The Legislature also recognizes that premature and unnecessary development of agricultural lands for urban uses continues to have adverse effects on the availability of those lands for food and fiber production and on the economy of the state.

Furthermore, it is the policy of the state that development should be guided away 1587 216
from prime agricultural lands; therefore, in implementing this section, local jurisdictions should encourage, to the maximum extent practicable, in filling existing urban areas.
(d)  For a housing development project for very low, low-, or moderate-income households, or an emergency shelter, a local agency shall not disapprove the housing development project or emergency shelter, or condition approval in a manner that renders the housing development project or emergency shelter infeasible, including through the use of design review standards, unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
(1)  The jurisdiction has adopted a housing element pursuant to this article that has been revised in accordance with Section 65588, is in substantial compliance with this article, and the jurisdiction has met or exceeded its share of the regional housing need allocation pursuant to Section 65584 for the planning period for the income category proposed for the housing development project, provided that any disapproval or conditional approval shall not be based on any of the reasons prohibited by Section 65008. If the housing development project includes a mix of income categories, and the jurisdiction has not met or exceeded its share of the regional housing need for one or more of those categories, then this paragraph shall not be used to disapprove or conditionally approve the housing development project. The share of the regional housing need met by the jurisdiction shall be calculated consistently with the forms and definitions that may be adopted by the Department of Housing and Community Development pursuant to Section 65400. In the case of an emergency shelter, the jurisdiction shall have met or exceeded the need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. Any disapproval or conditional approval pursuant to this paragraph shall be in accordance with applicable law, rule, or standards.
(2)  The housing development project or emergency shelter as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. The following shall not constitute a specific, adverse impact upon the public health or safety:
(A)  Inconsistency with the zoning ordinance or general plan land use designation. (B)  The eligibility to claim a welfare exemption under subdivision (g) of Section 214 of the Revenue and Taxation Code.
(3)  The denial of the housing development project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
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(4)  The housing development project or emergency shelter is proposed on land zoned for agriculture or resource preservation that is surrounded on at least two sides by land being used for agricultural or resource preservation purposes, or which does not have adequate water or wastewater facilities to serve the project. (5)  On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction had adopted a revised housing element that was in substantial compliance with this article, and the housing development project or emergency shelter was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation as specified in any element of the general plan.
(A)  This paragraph shall not be utilized to disapprove or conditionally approve a housing development project proposed on a site, including a candidate site for rezoning, that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element if the housing development project is consistent with the density specified in the housing element, even though the housing development project was inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete. (B)  If the local agency has failed to identify a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, has failed to demonstrate that the identified zone or zones include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7) of subdivision (a) of Section 65583, or has failed to demonstrate that the identified zone or zones can accommodate at least one emergency shelter, as required by paragraph (4) of subdivision (a) of Section 65583, then this paragraph shall not be utilized to disapprove or conditionally approve an emergency shelter proposed for a site designated in any element of the general plan for industrial, commercial, or multifamily residential uses. In any action in court, the burden of proof shall be on the local agency to show that its housing element does satisfy the requirements of paragraph (4) of subdivision (a) of Section 65583.
(6)  On the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have an adopted revised housing element that was in substantial compliance with this article and the housing development project is not a builder’s remedy project.
(e)  Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(f)  (1)  Except as provided in paragraphs (6) and (8) of this subdivision, and subdivision (o), nothing in this section shall be construed to prohibit a local agency 1589 218
from requiring the housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need pursuant to Section 65584. However, the development standards, conditions, and policies shall be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development. Nothing in this section shall limit a project’s eligibility for a density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915. (2)  Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from requiring an emergency shelter project to comply with objective, quantifiable, written development standards, conditions, and policies that are consistent with paragraph (4) of subdivision (a) of Section 65583 and appropriate to, and consistent with, meeting the jurisdiction’s need for emergency shelter, as identified pursuant to paragraph (7) of subdivision (a) of Section 65583. However, the development standards, conditions, and policies shall be applied by the local agency to facilitate and accommodate the development of the emergency shelter project.
(3)  Except as provided in subdivision (o), nothing in this section shall be construed to prohibit a local agency from imposing fees and other exactions otherwise authorized by law that are essential to provide necessary public services and facilities to the housing development project or emergency shelter.
(4)  For purposes of this section, a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity.
(5)  For purposes of this section, a change to the zoning ordinance or general plan land use designation subsequent to the date the application was deemed complete shall not constitute a valid basis to disapprove or condition approval of the housing development project or emergency shelter.
(6)  Notwithstanding paragraphs (1) to (5), inclusive, all of the following apply to a housing development project that is a builder’s remedy project:
(A)  A local agency may only require the project to comply with the objective, quantifiable, written development standards, conditions, and policies that would have applied to the project had it been proposed on a site with a general plan designation and zoning classification that allow the density and unit type proposed by the applicant.

If the local agency has no general plan designation or zoning classification that would have allowed the density and unit type proposed by the applicant, the development proponent may identify any objective, quantifiable, written development standards, conditions, and policies associated with a different general plan designation or zoning classification within that jurisdiction, that facilitate the project’s density and unit type, and those shall apply.
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(B)  (i)  Except as authorized by paragraphs (1) to (4), inclusive, of subdivision (d), a local agency shall not apply any individual or combination of objective, quantifiable, written development standards, conditions, and policies to the project that do any of the following:
(I)  Render the project infeasible.
(II)  Preclude a project that meets the requirements allowed to be imposed by subparagraph (A), as modified by any density bonus, incentive, or concession, or waiver or reduction of development standards and parking ratios, pursuant to Section 65915, from being constructed as proposed by the applicant. (ii)  The local agency shall bear the burden of proof of complying with clause (i). (C)  (i)  A project applicant that qualifies for a density bonus pursuant to Section 65915 shall receive two incentives or concessions in addition to those granted pursuant to paragraph (2) of subdivision (d) of Section 65915.
(ii)  For a project seeking density bonuses, incentives, concessions, or any other benefits pursuant to Section 65915, and notwithstanding paragraph (6) of subdivision (o) of Section 65915, for purposes of this paragraph, maximum allowable residential density or base density means the density permitted for a builder’s remedy project pursuant to subparagraph (C) of paragraph (11) of subdivision (h). (iii)  A local agency shall grant any density bonus pursuant to Section 65915 based on the number of units proposed and allowable pursuant to subparagraph (C) of paragraph (11) of subdivision (h).
(iv)  A project that dedicates units to extremely low-income households pursuant to subclause (I) of clause (i) of subparagraph (C) of paragraph (3) of subdivision (h) shall be eligible for the same density bonus, incentives or concessions, and waivers or reductions of development standards as provided to a housing development project that dedicates three percentage points more units to very low income households pursuant to paragraph (2) of subdivision (f) of Section 65915. (v)  All units dedicated to extremely low-income, very low income, low-income, and moderate-income households pursuant to paragraph (11) of subdivision (h) shall be counted as affordable units in determining whether the applicant qualifies for a density bonus pursuant to Section 65915.
(D)  (i)  The project shall not be required to apply for, or receive approval of, a general plan amendment, specific plan amendment, rezoning, or other legislative approval.
(ii)  The project shall not be required to apply for, or receive, any approval or permit not generally required of a project of the same type and density proposed by the applicant.
(iii)  Any project that complies with this paragraph shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, redevelopment plan and implementing instruments, or other similar provision for all purposes, and shall not be considered or treated as a nonconforming lot, use, or structure for any purpose.
(E)  A local agency shall not adopt or impose any requirement, process, practice, or procedure or undertake any course of conduct, including, but not limited to, 1591 220
increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is a builder’s remedy project. (F)  (i)  A builder’s remedy project shall be deemed to be in compliance with the residential density standards for the purposes of complying with subdivision (b) of Section 65912.123.
(ii)  A builder’s remedy project shall be deemed to be in compliance with the objective zoning standards, objective subdivision standards, and objective design review standards for the purposes of complying with paragraph (5) of subdivision (a) of Section 65913.4.
(G)  (i)  (I)  If the local agency had a local affordable housing requirement, as defined in Section 65912.101, that on January 1, 2024, required a greater percentage of affordable units than required under subparagraph (A) of paragraph (11) of subdivision (h), or required an affordability level deeper than what is required under subparagraph (A) of paragraph (11) of subdivision (h), then, except as provided in subclauses (II) and (III), the local agency may require a housing development for mixed-income households to comply with an otherwise lawfully applicable local affordability percentage or affordability level. The local agency shall not require housing for mixed-income households to comply with any other aspect of the local affordable housing requirement.
(II)  Notwithstanding subclause (I), the local affordable housing requirements shall not be applied to require housing for mixed-income households to dedicate more than 20 percent of the units to affordable units of any kind. (III)  Housing for mixed-income households that is required to dedicate 20 percent of the units to affordable units shall not be required to dedicate any of the affordable units at an income level deeper than lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(IV)  A local agency may only require housing for mixed-income households to comply with the local percentage requirement or affordability level described in subclause (I) if it first makes written findings, supported by a preponderance of evidence, that compliance with the local percentage requirement or the affordability level, or both, would not render the housing development project infeasible. If a reasonable person could find compliance with either requirement, either alone or in combination, would render the project infeasible, the project shall not be required to comply with that requirement.
(ii)  Affordable units in the development project shall have a comparable bedroom and bathroom count as the market rate units.
(iii)  Each affordable unit dedicated pursuant to this subparagraph shall count toward satisfying a local affordable housing requirement. Each affordable unit dedicated pursuant to a local affordable housing requirement that meets the criteria established in this subparagraph shall count towards satisfying the requirements of this subparagraph. This is declaratory of existing law.
(7)  (A)  For a housing development project application that is deemed complete before January 1, 2025, the development proponent for the project may choose to be subject to the provisions of this section that were in place on the date the preliminary 1592 221
application was submitted, or, if the project meets the definition of a builder’s remedy project, it may choose to be subject to any or all of the provisions of this section applicable as of January 1, 2025.
(B)  Notwithstanding subdivision (c) of Section 65941.1, for a housing development project deemed complete before January 1, 2025, the development proponent may choose to revise their application so that the project is a builder’s remedy project, without being required to resubmit a preliminary application, even if the revision results in the number of residential units or square footage of construction changing by 20 percent or more.
(8)  A housing development project proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, that is consistent with the density specified in the most recently updated and adopted housing element, and that is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation on the date the application was deemed complete, shall be subject to the provisions of subparagraphs (A), (B), and (D) of paragraph (6) and paragraph (9).
(9)  For purposes of this subdivision, “objective, quantifiable, written development standards, conditions, and policies” means criteria 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 before submittal, including, but not limited to, any standard, ordinance, or policy described in paragraph (4) of subdivision (o). Nothing herein shall affect the obligation of the housing development project to comply with the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code. In the event that applicable objective, quantifiable, written development standards, conditions, and policies are mutually inconsistent, a development shall be deemed consistent with the criteria that permits the density and unit type closest to that of the proposed project. (g)  This section shall be applicable to charter cities because the Legislature finds that the lack of housing, including emergency shelter, is a critical statewide problem. (h)  The following definitions apply for the purposes of this section:
(1)  “Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.
(2)  “Housing development project” means a use consisting of any of the following:
(A)  Residential units only.
(B)  Mixed-use developments consisting of residential and nonresidential uses that meet any of the following conditions:
(i)  At least two-thirds of the new or converted square footage is designated for residential use.
(ii)  At least 50 percent of the new or converted square footage is designated for residential use and the project meets both of the following:
(I)  The project includes at least 500 net new residential units. 1593 222
(II)  No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(iii)  At least 50 percent of the net new or converted square footage is designated for residential use and the project meets all of the following:
(I)  The project includes at least 500 net new residential units. (II)  The project involves the demolition or conversion of at least 100,000 square feet of nonresidential use.
(III)  The project demolishes at least 50 percent of the existing nonresidential uses on the site.
(IV)  No portion of the project is designated for use as a hotel, motel, bed and breakfast inn, or other transient lodging, except a portion of the project may be designated for use as a residential hotel, as defined in Section 50519 of the Health and Safety Code.
(C)  Transitional housing or supportive housing.
(D)  Farmworker housing, as defined in subdivision (h) of Section 50199.7 of the Health and Safety Code.
(3)  (A)  “Housing for very low, low-, or moderate-income households” means housing for lower income households, mixed-income households, or moderate-income households.
(B)  “Housing for lower income households” means a housing development project in which 100 percent of the units, excluding managers’ units, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code, at an affordable cost, as defined by Section 50052.5 of the Health and Safety Code, or an affordable rent set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
(C)  (i)  “Housing for mixed-income households” means any of the following:
(I)  A housing development project in which at least 7 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to extremely low income households, as defined in Section 50106 of the Health and Safety Code.
(II)  A housing development project in which at least 10 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to very low income households, as defined in Section 50105 of the Health and Safety Code.
(III)  A housing development project in which at least 13 percent of the total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, are dedicated to lower income households, as defined in Section 50079.5 of the Health and Safety Code.
(IV)  A housing development project in which there are 10 or fewer total units, as defined in subparagraph (A) of paragraph (8) of subdivision (o) of Section 65915, 1594 223
that is on a site that is smaller than one acre, and that is proposed for development at a minimum density of 10 units per acre.
(ii)  All units dedicated to extremely low income, very low income, and low-income households pursuant to clause (i) shall meet both of the following:
(I)  The units shall have an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code.
(II)  The development proponent shall agree to, and the local agency shall ensure, the continued affordability of all affordable rental units included pursuant to this section for 55 years and all affordable ownership units included pursuant to this section for a period of 45 years.
(D)  “Housing for moderate-income households” means a housing development project in which 100 percent of the units are sold or rented to moderate-income households, as defined in Section 50093 of the Health and Safety Code, at an affordable housing cost, as defined in Section 50052.5 of the Health and Safety Code, or an affordable rent, as defined in Section 50053 of the Health and Safety Code. The units shall be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units.
(4)  “Area median income” means area median income as periodically established by the Department of Housing and Community Development pursuant to Section 50093 of the Health and Safety Code.
(5)  Notwithstanding any other law, until January 1, 2030, “deemed complete” means that the applicant has submitted a preliminary application pursuant to Section 65941.1 or, if the applicant has not submitted a preliminary application, has submitted a complete application pursuant to Section 65943. The local agency shall bear the burden of proof in establishing that the application is not complete. (6)  “Disapprove the housing development project” includes any instance in which a local agency does any of the following:
(A)  Votes or takes final administrative action on a proposed housing development project application and the application is disapproved, including any required land use approvals or entitlements necessary for the issuance of a building permit. (B)  Fails to comply with the time periods specified in subdivision (a) of Section 65950. An extension of time pursuant to Article 5 (commencing with Section 65950) shall be deemed to be an extension of time pursuant to this paragraph. (C)  Fails to meet the time limits specified in Section 65913.3. (D)  Fails to cease a course of conduct undertaken for an improper purpose, such as to harass or to cause unnecessary delay or needless increases in the cost of the proposed housing development project, that effectively disapproves the proposed housing development without taking final administrative action if all of the following conditions are met:
(i)  The project applicant provides written notice detailing the challenged conduct and why it constitutes disapproval to the local agency established under Section 65100. (ii)  Within five working days of receiving the applicant’s written notice described in clause (i), the local agency shall post the notice on the local agency’s internet 1595 224
website, provide a copy of the notice to any person who has made a written request for notices pursuant to subdivision (f) of Section 21167 of the Public Resources Code, and file the notice with the county clerk of each county in which the project will be located. The county clerk shall post the notice and make it available for public inspection in the manner set forth in subdivision (c) of Section 21152 of the Public Resources Code.
(iii)  The local agency shall consider all objections, comments, evidence, and concerns about the project or the applicant’s written notice and shall not make a determination until at least 60 days after the applicant has given written notice to the local agency pursuant to clause (i).
(iv)  Within 90 days of receipt of the applicant’s written notice described in clause (i), the local agency shall issue a written statement that it will immediately cease the challenged conduct or issue written findings that comply with both of the following requirements:
(I)  The findings articulate an objective basis for why the challenged course of conduct is necessary.
(II)  The findings provide clear instructions on what the applicant must submit or supplement so that the local agency can make a final determination regarding the next necessary approval or set the date and time of the next hearing. (v)  (I)  If a local agency continues the challenged course of conduct described in the applicant’s written notice and fails to issue the written findings described in clause (iv), the local agency shall bear the burden of establishing that its course of conduct does not constitute a disapproval of the housing development project under this subparagraph in an action taken by the applicant.
(II)  If an applicant challenges a local agency’s course of conduct as a disapproval under this subparagraph, the local agency’s written findings described in clause (iv) shall be incorporated into the administrative record and be deemed to be the final administrative action for purposes of adjudicating whether the local agency’s course of conduct constitutes a disapproval of the housing development project under this subparagraph.
(vi)  A local agency’s action in furtherance of complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), including, but not limited to, imposing mitigating measures, shall not constitute project disapproval under this subparagraph. (E)  Fails to comply with Section 65905.5. For purposes of this subparagraph, a builder’s remedy project shall be deemed to comply with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete.
(F)  (i)  Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943 and includes in the determination an item that is not required on the local agency’s submittal requirement checklist. The local agency shall bear the burden of proof that the required item is listed on the submittal requirement checklist.
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(ii)  In a subsequent review of an application pursuant to Section 65943, requests the applicant provide new information that was not identified in the initial determination and upholds this determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943. The local agency shall bear the burden of proof that the required item was identified in the initial determination.
(iii)  Determines that an application for a housing development project is incomplete pursuant to subdivision (a) or (b) of Section 65943, a reasonable person would conclude that the applicant has submitted all of the items required on the local agency’s submittal requirement checklist, and the local agency upholds this determination in the final written determination on an appeal filed pursuant to subdivision (c) of Section 65943. (iv)  If a local agency determines that an application is incomplete under Section 65943 after two resubmittals of the application by the applicant, the local agency shall bear the burden of establishing that the determination is not an effective disapproval of a housing development project under this section.
(G)  Violates subparagraph (D) or (E) of paragraph (6) of subdivision (f). (H)  Makes a written determination that a preliminary application described in subdivision (a) of Section 65941.1 has expired or that the applicant has otherwise lost its vested rights under the preliminary application for any reason other than those described in subdivisions (c) and (d) of Section 65941.1. (I)  (i)  Fails to make a determination of whether the project is exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), or commits an abuse of discretion, as defined in subdivision (b) of Section 65589.5.1 if all of the conditions in Section 65589.5.1 are satisfied.
(ii)  This subparagraph shall become inoperative on January 1, 2031. (J)  (i)  Fails to adopt a negative declaration or addendum for the project, to certify an environmental impact report for the project, or to approve another comparable environmental document, such as a sustainable communities environmental assessment pursuant to Section 21155.2 of the Public Resources Code, as required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), if all of the conditions in Section 65589.5.2 are satisfied.
(ii)  This subparagraph shall become inoperative on January 1, 2031. (7)  (A)  For purposes of this section and Sections 65589.5.1 and 65589.5.2, “lawful determination” means any final decision about whether to approve or disapprove a statutory or categorical exemption or a negative declaration, addendum, environmental impact report, or comparable environmental review document under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that is not an abuse of discretion, as defined in subdivision (b) of Section 65589.5.1 or subdivision (b) of Section 65589.5.2. (B)  This paragraph shall become inoperative on January 1, 2031. (8)  “Lower density” includes any conditions that have the same effect or impact on the ability of the project to provide housing.
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(9)  Until January 1, 2030, “objective” means involving no personal or subjective judgment by a public official and being 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.
(10)  Notwithstanding any other law, until January 1, 2030, “determined to be complete” means that the applicant has submitted a complete application pursuant to Section 65943.
(11)  “Builder’s remedy project” means a project that meets all of the following criteria:
(A)  The project is a housing development project that provides housing for very low, low-, or moderate-income households.
(B)  On or after the date an application for the housing development project or emergency shelter was deemed complete, the jurisdiction did not have a housing element that was in substantial compliance with this article. (C)  The project has a density such that the number of units, as calculated before the application of a density bonus pursuant to Section 65915, complies with all of the following conditions:
(i)  The density does not exceed the greatest of the following densities:
(I)  Fifty percent greater than the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(II)  Three times the density allowed by the general plan, zoning ordinance, or state law, whichever is greater.
(III)  The density that is consistent with the density specified in the housing element. (ii)  Notwithstanding clause (i), the greatest allowable density shall be 35 units per acre more than the amount allowable pursuant to clause (i), if any portion of the site is located within any of the following:
(I)  One-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
(II)  A very low vehicle travel area, as defined in subdivision (h). (III)  A high or highest resource census tract, as identified by the latest edition of the “CTCAC/HCD Opportunity Map” published by the California Tax Credit Allocation Committee and the Department of Housing and Community Development. (D)  (i)  On sites that have a minimum density requirement and are located within one-half mile of a commuter rail station or a heavy rail station, the density of the project shall not be less than the minimum density required on the site. (I)  For purposes of this subparagraph, “commuter rail” means a railway that is not a light rail, streetcar, trolley, or tramway and that is for urban passenger train service consisting of local short distance travel operating between a central city and adjacent suburb with service operated on a regular basis by or under contract with a transit operator for the purpose of transporting passengers within urbanized areas, or between urbanized areas and outlying areas, using either locomotive-hauled or self-propelled railroad passenger cars, with multitrip tickets and specific station-to-station fares. 1598 227
(II)  For purposes of this subparagraph, “heavy rail” means an electric railway with the capacity for a heavy volume of traffic using high speed and rapid acceleration passenger rail cars operating singly or in multicar trains on fixed rails, separate rights-of-way from which all other vehicular and foot traffic are excluded, and high platform loading.
(ii)  On all other sites with a minimum density requirement, the density of the project shall not be less than the local agency’s minimum density or one-half of the minimum density deemed appropriate to accommodate housing for that jurisdiction as specified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2, whichever is lower.
(E)  The project site does not abut a site where more than one-third of the square footage on the site has been used, within the past three years, by a heavy industrial use, or a Title V industrial use, as those terms are defined in Section 65913.16. (12)  “Condition approval” includes imposing on the housing development project, or attempting to subject it to, development standards, conditions, or policies. (13)  “Unit type” means the form of ownership and the kind of residential unit, including, but not limited to, single-family detached, single-family attached, for-sale, rental, multifamily, townhouse, condominium, apartment, manufactured homes and mobilehomes, factory-built housing, and residential hotel. (14)  “Proposed by the applicant” means the plans and designs as submitted by the applicant, including, but not limited to, density, unit size, unit type, site plan, building massing, floor area ratio, amenity areas, open space, parking, and ancillary commercial uses.
(i)  If any city, county, or city and county denies approval or imposes conditions, including design changes, lower density, or a reduction of the percentage of a lot that may be occupied by a building or structure under the applicable planning and zoning in force at the time the housing development project’s application is complete, that have a substantial adverse effect on the viability or affordability of a housing development for very low, low-, or moderate-income households, and the denial of the development or the imposition of conditions on the development is the subject of a court action which challenges the denial or the imposition of conditions, then the burden of proof shall be on the local legislative body to show that its decision is consistent with the findings as described in subdivision (d), and that the findings are supported by a preponderance of the evidence in the record, and with the requirements of subdivision (o).
(j)  (1)  When a proposed housing development project complies with applicable, objective general plan, zoning, and subdivision standards and criteria, including design review standards, in effect at the time that the application was deemed complete, but the local agency proposes to disapprove the project or to impose a condition that the project be developed at a lower density, the local agency shall base its decision regarding the proposed housing development project upon written findings supported by a preponderance of the evidence on the record that both of the following conditions exist:
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(A)  The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B)  There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.
(2)  (A)  If the local agency considers a proposed housing development project to be inconsistent, not in compliance, or not in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision as specified in this subdivision, it shall provide the applicant with written documentation identifying the provision or provisions, and an explanation of the reason or reasons it considers the housing development to be inconsistent, not in compliance, or not in conformity as follows:
(i)  Within 30 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains 150 or fewer housing units.
(ii)  Within 60 days of the date that the application for the housing development project is determined to be complete, if the housing development project contains more than 150 units.
(B)  If the local agency fails to provide the required documentation pursuant to subparagraph (A), the housing development project shall be deemed consistent, compliant, and in conformity with the applicable plan, program, policy, ordinance, standard, requirement, or other similar provision.
(3)  For purposes of this section, the receipt of a density bonus, incentive, concession, waiver, or reduction of development standards pursuant to Section 65915 shall not constitute a valid basis on which to find a proposed housing development project is inconsistent, not in compliance, or not in conformity, with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision specified in this subdivision.
(4)  For purposes of this section, a proposed housing development project is not inconsistent with the applicable zoning standards and criteria, and shall not require a rezoning, if the housing development project is consistent with the objective general plan standards and criteria but the zoning for the project site is inconsistent with the general plan. If the local agency has complied with paragraph (2), the local agency may require the proposed housing development project to comply with the objective standards and criteria of the zoning which is consistent with the general plan, however, the standards and criteria shall be applied to facilitate and accommodate development at the density allowed on the site by the general plan and proposed by the proposed housing development project.
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(k)  (1)  (A)  (i)  The applicant, a person who would be eligible to apply for residency in the housing development project or emergency shelter, or a housing organization may bring an action to enforce this section. If, in any action brought to enforce this section, a court finds that any of the following are met, the court shall issue an order pursuant to clause (ii):
(I)  The local agency, in violation of subdivision (d), disapproved a housing development project or conditioned its approval in a manner rendering it infeasible for the development of an emergency shelter, or housing for very low, low-, or moderate-income households, including farmworker housing, without making the findings required by this section.
(II)  The local agency, in violation of subdivision (j), disapproved a housing development project complying with applicable, objective general plan and zoning standards and criteria, or imposed a condition that the project be developed at a lower density, without making the findings required by this section. (III)  (ia)  Subject to sub-subclause (ib), the local agency, in violation of subdivision (o), required or attempted to require a housing development project to comply with an ordinance, policy, or standard not adopted and in effect when a preliminary application was submitted.
(ib)  This subclause shall become inoperative on January 1, 2030. (IV)  The local agency violated a provision of this section applicable to a builder’s remedy project.
(ii)  If the court finds that one of the conditions in clause (i) is met, the court shall issue an order or judgment compelling compliance with this section within a time period not to exceed 60 days, including, but not limited to, an order that the local agency take action on the housing development project or emergency shelter. The court may issue an order or judgment directing the local agency to approve the housing development project or emergency shelter if the court finds that the local agency acted in bad faith when it disapproved or conditionally approved the housing development or emergency shelter in violation of this section. The court shall retain jurisdiction to ensure that its order or judgment is carried out and shall award reasonable attorney’s fees and costs of suit to the plaintiff or petitioner, provided, however, that the court shall not award attorney’s fees in either of the following instances:
(I)  The court finds, under extraordinary circumstances, that awarding fees would not further the purposes of this section.
(II)  (ia)  In a case concerning a disapproval within the meaning of subparagraph (I) or (J) of paragraph (6) of subdivision (h), the court finds that the local agency acted in good faith and had reasonable cause to disapprove the housing development project due to the existence of a controlling question of law about the application of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or implementing guidelines as to which there was a substantial ground for difference of opinion at the time of the disapproval. (ib)  This subclause shall become inoperative on January 1, 2031. (B)  Upon a determination that the local agency has failed to comply with the order or judgment compelling compliance with this section within the time period prescribed 1601 230
by the court, the court shall impose fines on a local agency that has violated this section and require the local agency to deposit any fine levied pursuant to this subdivision into a local housing trust fund. The local agency may elect to instead deposit the fine into the Building Homes and Jobs Trust Fund. The fine shall be in a minimum amount of ten thousand dollars ($10,000) per housing unit in the housing development project on the date the application was deemed complete pursuant to Section 65943. In determining the amount of the fine to impose, the court shall consider the local agency’s progress in attaining its target allocation of the regional housing need pursuant to Section 65584 and any prior violations of this section. Fines shall not be paid out of funds already dedicated to affordable housing, including, but not limited to, Low and Moderate Income Housing Asset Funds, funds dedicated to housing for very low, low-, and moderate-income households, and federal HOME Investment Partnerships Program and Community Development Block Grant Program funds. The local agency shall commit and expend the money in the local housing trust fund within five years for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households. After five years, if the funds have not been expended, the money shall revert to the state and be deposited in the Building Homes and Jobs Trust Fund for the sole purpose of financing newly constructed housing units affordable to extremely low, very low, or low-income households.
(C)  If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled, including, but not limited to, an order to vacate the decision of the local agency and to approve the housing development project, in which case the application for the housing development project, as proposed by the applicant at the time the local agency took the initial action determined to be in violation of this section, along with any standard conditions determined by the court to be generally imposed by the local agency on similar projects, shall be deemed to be approved unless the applicant consents to a different decision or action by the local agency.
(D)  Nothing in this section shall limit the court’s inherent authority to make any other orders to compel the immediate enforcement of any writ brought under this section, including the imposition of fees and other sanctions set forth under Section 1097 of the Code of Civil Procedure.
(2)  For purposes of this subdivision, “housing organization” means a trade or industry group whose local members are primarily engaged in the construction or management of housing units or a nonprofit organization whose mission includes providing or advocating for increased access to housing for low-income households and have filed written or oral comments with the local agency prior to action on the housing development project. A housing organization may only file an action pursuant to this section to challenge the disapproval of a housing development by a local agency.

A housing organization shall be entitled to reasonable attorney’s fees and costs if it is the prevailing party in an action to enforce this section. 1602 231
(l)  If the court finds that the local agency (1) acted in bad faith when it violated this section and (2) failed to carry out the court’s order or judgment within the time period prescribed by the court, the court, in addition to any other remedies provided by this section, shall multiply the fine determined pursuant to subparagraph (B) of paragraph (1) of subdivision (k) by a factor of five. If a court has previously found that the local agency violated this section within the same planning period, the court shall multiply the fines by an additional factor for each previous violation. For purposes of this section, “bad faith” includes, but is not limited to, an action or inaction that is frivolous, pretextual, intended to cause unnecessary delay, or entirely without merit. (m)  (1)  Any action brought to enforce the provisions of this section shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure, and the local agency shall prepare and certify the record of proceedings in accordance with subdivision (c) of Section 1094.6 of the Code of Civil Procedure no later than 30 days after the petition is served, provided that the cost of preparation of the record shall be borne by the local agency, unless the petitioner elects to prepare the record as provided in subdivision (n) of this section. A petition to enforce the provisions of this section shall be filed and served no later than 90 days from the later of (1) the effective date of a decision of the local agency imposing conditions on, disapproving, or any other final action on a housing development project or (2) the expiration of the time periods specified in subparagraph (B) of paragraph (5) of subdivision (h). Upon entry of the trial court’s order, a party may, in order to obtain appellate review of the order, file a petition within 20 days after service upon it of a written notice of the entry of the order, or within such further time not exceeding an additional 20 days as the trial court may for good cause allow, or may appeal the judgment or order of the trial court under Section 904.1 of the Code of Civil Procedure. If the local agency appeals the judgment of the trial court, the local agency shall post a bond, in an amount to be determined by the court, to the benefit of the plaintiff if the plaintiff is the project applicant.
(2)  (A)  A disapproval within the meaning of subparagraph (I) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within the time period set forth in paragraph (5) of subdivision (a) of Section 65589.5.1 after the applicant’s timely written notice. (B)  This paragraph shall become inoperative on January 1, 2031. (3)  (A)  A disapproval within the meaning of subparagraph (J) of paragraph (6) of subdivision (h) shall be final for purposes of this subdivision, if the local agency did not make a lawful determination within 90 days of the applicant’s timely written notice.
(B)  This paragraph shall become inoperative on January 1, 2031. (n)  In any action, the record of the proceedings before the local agency shall be filed as expeditiously as possible and, notwithstanding Section 1094.6 of the Code of Civil Procedure or subdivision (m) of this section, all or part of the record may be prepared (1) by the petitioner with the petition or petitioner’s points and authorities, (2) by the respondent with respondent’s points and authorities, (3) after payment of costs by the petitioner, or (4) as otherwise directed by the court. If the expense of 1603 232
preparing the record has been borne by the petitioner and the petitioner is the prevailing party, the expense shall be taxable as costs.
(o)  (1)  Subject to paragraphs (2), (6), and (7), and subdivision (d) of Section 65941.1, a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including all of the information required by subdivision (a) of Section 65941.1 was submitted. (2)  Paragraph (1) shall not prohibit a housing development project from being subject to ordinances, policies, and standards adopted after the preliminary application was submitted pursuant to Section 65941.1 in the following circumstances:
(A)  In the case of a fee, charge, or other monetary exaction, to an increase resulting from an automatic annual adjustment based on an independently published cost index that is referenced in the ordinance or resolution establishing the fee or other monetary exaction.
(B)  A preponderance of the evidence in the record establishes that subjecting the housing development project to an ordinance, policy, or standard beyond those in effect when a preliminary application was submitted is necessary to mitigate or avoid a specific, adverse impact upon the public health or safety, as defined in subparagraph (A) of paragraph (1) of subdivision (j), and there is no feasible alternative method to satisfactorily mitigate or avoid the adverse impact.
(C)  Subjecting the housing development project to an ordinance, policy, standard, or any other measure, beyond those in effect when a preliminary application was submitted is necessary to avoid or substantially lessen an impact of the project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(D)  The housing development project has not commenced construction within two and one-half years, or three and one-half years for an affordable housing project, following the date that the project received final approval. For purposes of this subparagraph:
(i)  “Affordable housing project” means a housing development that satisfies both of the following requirements:
(I)  Units within the development are subject to a recorded affordability restriction for at least 55 years for rental housing and 45 years for owner-occupied housing, or the first purchaser of each unit participates in an equity sharing agreement as described in subparagraph (C) of paragraph (2) of subdivision (c) of Section 65915. (II)  All of the units within the development, excluding managers’ units, are dedicated to lower income households, as defined by Section 50079.5 of the Health and Safety Code.
(ii)  “Final approval” means that the housing development project has received all necessary approvals to be eligible to apply for, and obtain, a building permit or permits and either of the following is met:
(I)  The expiration of all applicable appeal periods, petition periods, reconsideration periods, or statute of limitations for challenging that final approval without an appeal, petition, request for reconsideration, or legal challenge having been filed. 1604 233
(II)  If a challenge is filed, that challenge is fully resolved or settled in favor of the housing development project.
(E)  The housing development project is revised following submittal of a preliminary application pursuant to Section 65941.1 such that the number of residential units or square footage of construction changes by 20 percent or more, exclusive of any increase resulting from the receipt of a density bonus, incentive, concession, waiver, or similar provision, including any other locally authorized program that offers additional density or other development bonuses when affordable housing is provided.

For purposes of this subdivision, “square footage of construction” means the building area, as defined by the California Building Standards Code (Title 24 of the California Code of Regulations).
(3)  This subdivision does not prevent a local agency from subjecting the additional units or square footage of construction that result from project revisions occurring after a preliminary application is submitted pursuant to Section 65941.1 to the ordinances, policies, and standards adopted and in effect when the preliminary application was submitted.
(4)  For purposes of this subdivision, “ordinances, policies, and standards” includes general plan, community plan, specific plan, zoning, design review standards and criteria, subdivision standards and criteria, and any other rules, regulations, requirements, and policies of a local agency, as defined in Section 66000, including those relating to development impact fees, capacity or connection fees or charges, permit or processing fees, and other exactions.
(5)  This subdivision shall not be construed in a manner that would lessen the restrictions imposed on a local agency, or lessen the protections afforded to a housing development project, that are established by any other law, including any other part of this section.
(6)  This subdivision shall not restrict the authority of a public agency or local agency to require mitigation measures to lessen the impacts of a housing development project under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(7)  With respect to completed residential units for which the project approval process is complete and a certificate of occupancy has been issued, nothing in this subdivision shall limit the application of later enacted ordinances, policies, and standards that regulate the use and occupancy of those residential units, such as ordinances relating to rental housing inspection, rent stabilization, restrictions on short-term renting, and business licensing requirements for owners of rental housing. (8)  (A)  This subdivision shall apply to a housing development project that submits a preliminary application pursuant to Section 65941.1 before January 1, 2030. (B)  This subdivision shall become inoperative on January 1, 2034. (p)  (1)  Upon any motion for an award of attorney’s fees pursuant to Section 1021.5 of the Code of Civil Procedure, in a case challenging a local agency’s approval of a housing development project, a court, in weighing whether a significant benefit has been conferred on the general public or a large class of persons and whether the necessity of private enforcement makes the award appropriate, shall give due weight 1605 234
to the degree to which the local agency’s approval furthers policies of this section, including, but not limited to, subdivisions (a), (b), and (c), the suitability of the site for a housing development, and the reasonableness of the decision of the local agency.

It is the intent of the Legislature that attorney’s fees and costs shall rarely, if ever, be awarded if a local agency, acting in good faith, approved a housing development project that satisfies conditions established in paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.1 or paragraph (1), (2), or (3) of subdivision (a) of Section 65589.5.2.
(2) This subdivision shall become inoperative on January 1, 2031. (q) This section shall be known, and may be cited, as the Housing Accountability Act.
(r) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2024, Ch. 268, Sec. 2.5. (AB 1893) Effective January 1, 2025. Inoperative January 1, 2031, pursuant to Sec. 1 of Stats. 2023, Ch. 768. )
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Eastvale City CouncilApril 23, 2025

Eastvale City Council
April 23, 2025