Eastvale City Council
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21. 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.
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 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).
3. 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 Grading Permit
Eastvale City Council
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22. 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
23. 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 existing street names should be avoided.
Prior to Grading
Permit Issuance
Planning and
Building
Divisions
24. Prior to ground disturbances that would impact potentially suitable nesting habitat for avian species, the project applicant shall adhere to the following:
1. To avoid impacts to nesting birds (common, migratory, and special status) regardless of the time of year during the nesting season, a qualified avian biologist retained by the project applicant will conduct pre‐construction Nesting Bird Surveys within three (3) days prior to project‐related disturbance within the entire project site and a 300-foot buffer around the project site at the appropriate time of day/night, during appropriate weather conditions to nestable vegetation to identify any active nests. Surveys shall encompass all suitable areas including trees, shrubs, bare ground, burrows and cavities. If no active nests are found, no further action will be required.
2. If a nest is suspected, but not confirmed, the qualified avian biologist shall establish a disturbance-free buffer until additional surveys can be completed prior to the commencement of ground disturbing project activities. If an active nest is found, the qualified avian biologist will set appropriate no‐work buffers around the nest which will Prior to Grading
Permit Issuance
Planning
Division
Eastvale City Council
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be based upon the nesting species, its sensitivity to disturbance, nesting stage, and expected types, intensity, and duration of the disturbance. If a nest is observed, but thought to be inactive, the qualified avian biologist shall monitor the nest for one hour (four hours for raptors) prior to approaching the nest to determine status. The qualified avian biologist shall not risk failure of the nest to determine the exact location or status and shall make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird. The qualified avian biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate. The nests and buffer zones shall be field-checked daily weekly by a qualified biological monitor. The approved no‐work buffer zone shall be clearly marked in the field, within which no disturbance activity shall commence until the qualified biologist has determined the young birds have successfully fledged and the nest is inactive.
25. 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 Prior to Grading
Permit Issuance
Planning
Division
Eastvale City Council
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(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 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.
26. To ensure consistency with the goals and objectives of the Western Riverside County Multiple Species Habitat Conservation Plan (MSHCP), the proposed project will adhere to MSHCP Appendix C, Standard Best Management Practices.
Prior to Grading
Permit Issuance
Planning
Division
27. 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
28. 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 Prior to Grading
Permit Issuance
Planning
Division
Eastvale City Council
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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.
29. 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 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.
Prior to Grading
Permit Issuance
Planning
Division
30. 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, including monitoring of all earth-moving operations that extend beyond two feet below the existing ground surface, and shall establish in the PRIMP, in cooperation with the project applicant and City, procedures for temporarily halting or Prior to Grading
Permit Issuance
Planning
Division
Eastvale City Council
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redirecting work to permit sampling, identification, and evaluation of the fossils. The monitor should be prepared to quickly salvage fossils as they are unearthed to avoid construction delays and should collect samples of sediments that are likely to contain fossil remains of small vertebrates or invertebrates. The monitor shall also have the authority to temporarily halt or divert grading equipment to allow for the removal of abundant or large specimens. Sediment samples collected during monitoring shall be processed to recover small fossil remains, and all recovered specimens shall be identified and curated in a repository that provides permanent, retrievable storage. 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.
31. 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
32. 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
33. 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
34. 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
Eastvale City Council
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35. The Rough Grading and Precise Grading/Paving Plans shall be prepared in accordance with the City of Eastvale Grading handout and City Engineer approved prior to issuance of grading permits.
Prior to Grading
Permit Issuance
Public Works
Department
36. 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 postconstruction Best Management Practices (“BMPs”) in accordance with the Model Water Quality Management Plan (“WQMP”) approved for use for the Santa Ana River Watershed. The 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 Grading
Permit Issuance
Public Works
Department
37. 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
38. A Notice of Intent ("NOI") to comply with the California General Construction Stormwater Permit is required via the California Regional Prior to Grading
Permit Issuance
Public Works
Department
Eastvale City Council
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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 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.
39. 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
40. 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
Eastvale City Council
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41. 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
42. If the existing irrigation well will not be used as part of the redevelopment, it shall be properly decommissioned prior to grading activities. Well abandonment shall be performed in accordance with all applicable state and local regulatory requirements.
Prior to Grading
Permit Issuance
Planning and
Building
Divisions
Prior to Map Recordation
43. TTM No. 39416 is approved as shown on the 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
44. 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
45. Lots 11 and 24 of TTM 39416 shall be identified as affordable unit lots reserved for the Very-Low Income category.
Prior to Map
Recordation
Planning
Division
46. 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
47. Dedicate City Engineer approved additional right-of-way along the entire frontage as may be required to provide a property line at ultimate Prior to Map Public Works
Department
Eastvale City Council
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right-of-way in accordance with the City General Plan, any applicable Specific Plan and/or as requested by the City Engineer.
Recordation
48. 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 Tract Map to the Engineering Division as part of the review of the Map. The Tract Map shall be approved by the City Council prior to issuance of building permits.
Prior to Map
Recordation
Public Works
Department
49. Monument bond shall be posted with the City. Prior to Map Recordation
Public Works
Department
Prior to Encroachment Permit Issuance
50. 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
51. 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
Eastvale City Council
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52. Major Development Review shall be accomplished for development of Tentative Tract Map 39416.
Prior to Building
Permit Issuance
Planning
Division
53. 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
54. 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
55. Prior to any demolition, grading, or off site disposal of debris, the project shall be conditioned to require that all discarded building materials be evaluated for the presence of asbestos-containing materials (ACMs) in accordance with applicable federal, state, and local regulations. If ACMs are identified, they shall be handled, removed, and disposed of by a licensed asbestos abatement contractor following all regulatory Prior to Building
Permit Issuance
Planning and
Building
Division
Eastvale City Council
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requirements.
56. 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 aspects of the architectural details, without wholesale changes to the architectural style.
Prior to Building
Permit Issuance
Planning
Division
57. 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 City Council, 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
58. The applicant shall provide evidence that a good faith effort was made to enter into an agreement with the property owners of 7483, 7471, 7459, 7447, 7435, and 7423 Silver Saddle Court for the removal of their existing tract perimeter fencing (rear fence) and the construction of a new shared tract perimeter fence (rear fence) in conjunction with the development of project PLN25-20102. In the event that said one or more owners refuse to enter into such agreement, the applicant shall construct the eastern perimeter fence as shown within the development plans for PLN25-20102. Should the latter occur, the applicant shall utilize measures to ensure proper weed abatement occurs between the two parallel perimeter fences so as to prevent any vegetation from growing between the two fences.
Prior to Building
Permit Issuance
Planning
Division
59. 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
Eastvale City Council
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Corona Norco
Unified
School
District
60. Fire protection Water Supplies/Fire Flow- Minimum fire flow for the construction of all buildings is required per CFC Appendix B. A reduction of up to 50% in the required fire flow is permitted for buildings equipped with automatic fire Sprinklers in accordance with the City Municipal Code. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. On-site water supply must be available and operational before any combustible materials are placed on the construction site. Specific design features may increase or decrease the required fire flow.
a. Will Serve Letters from the responsible water purveyor are required prior to map recordation.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
61. Fire Protection Water Supplies/Hydrants- The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 600 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the fire department. IN areas where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1,000 feet along streets for transportation hazards.
Fire hydrants shall be at least 40 feet from the building they are serving.
A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
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hydrants are 4” x 2 ½” (Standard Hydrant Reference CFC as amended and NFPA 24.
62. 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 installing contractor shall submit a separate set of working plans designed in accordance with NFPA13 and NFPA 24 to the Fire Department for a permit to install private water mains. a. Building permits shall not be released prior to the approval of the offsite (JCSD Water Plans) in addition, an approved Fire Water Source and approved Fire Apparatus Access Inspection shall be required prior to Building permit issuance
Prior to Building
Permit Issuance
Riverside
County Fire
Department
63. 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
64. Fire apparatus access roads shall be at least 24 feet wide and comply with Riverside County Fire Department Guideline OFM-01A. Fire apparatus access roads shall be provided within 150 feet of all exterior portions of buildings, unless otherwise approved by the Fire Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
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Department. Access roads shall not have a grade more than 16% 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 25,000 pounds on the front axle. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure.
Fire apparatus access roads shall have a turning radius capable of accommodating fire apparatus. Road base without an appropriate topping or binding material does not satisfy the all-weather requirement. a. Fire Lane Marking: Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.
65. Dead-end fire apparatus access roads more than 150 feet in length shall be provided with an approved area for turning around fire apparatus.
Reference CFC 503.1.1, 503.2.1 as amended by the County of Riverside and Riverside County Office of the Fire Marshal Guideline OFM-01A.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
66. Inside and Outside Turning Radii- The minimum inside turning radius for an access road shall be 24 feet. The minimum outside turning radius shall be 48 feet. As fire apparatus are unable to negotiate tight “S” curves, a 60-foot straight leg must be provided between these types of compound-turns or the radii and/or road width must be increased accordingly.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
67. Traffic Calming Devices are prohibited. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be Prior to Building
Permit Issuance
Riverside
County Fire
Eastvale City Council
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submitted and approved by the Office of the Fire Marshal. Reference CFC 503.4.1
Department
68. Fire and Life Safety Requirements- Final fire and life safety conditions will be addressed when the Fire Department reviews any subsequent submittals. These conditions will be based on California Fire Code (CFC), California Building Code (CBC), and related codes/standards adopted and amended at the time of construction plan. Submittal.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
69. 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
70. Secondary Access- Unless otherwise approved by the Fire Department, dead end fire apparatus access roads shall not exceed 1,320 feet.
Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as other wise approved by the Fire Department. Secondary egress/access fire apparatus access roads shall be as remote as practical from the primary fire apparatus access road to reduce the possibility that both routes will be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the Fire Department. Reference CFC as amended and Riverside County Fire Department Policies and Standards.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
71. Landscape plans shall be submitted to the Riverside County Fire Department for review and approval prior to final building permit Prior to Building
Permit Issuance
Riverside
County Fire
Eastvale City Council
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issuance or commencement of landscape installation. The plans shall demonstrate that all trees, shrubs, palms, and other vegetation at mature size will not obstruct fire department laddering access, aerial apparatus operations, roof access or fire apparatus reach to any portion of the buildings.
Department
and Planning
Division
72. Gate Access: All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. A Pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked. Reference CFC 506.1.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
73. Phase construction fire access shall comply with Riverside County Office of the Fire Marshal Guideline OFM-01A. Construction Phasing Plan shall be submitted and reviewed prior to building permit release for each phase of construction.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
74. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and be approved prior to installation. Reference CRC.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
75. New Motorized gates shall be provided with means to be automatically opened remotely by emergency vehicles in accordance with the Riverside County Standards and policies. The system shall be compatible, but not limited to the detection of the following manufacturers of emergency vehicle preemption: Federal Signal, Whelen, and Tomar. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox padlock or Knox Box Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Tentative Tract Map 39416 Conditions of Approval Page 25 of 30
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
containing the key the lock is installed in an approved location on the approach side of the gate). A pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked. Upon installation of the system, compliance testing shall be completed by the Riverside County Fire Department. (RVC Amendment to CFC 503.6.1).
76. The location of address numbers shall be indicated on the building plans.
Street numbers shall be displayed in a prominent location on the street or fire apparatus access side of buildings. Numbers and letters shall be a minimum of 12” in height with a minimum stroke of .05 inch. Where access is by means of a private road and the building cannot be viewed from a public way, a monument pole or other sign shall be used to identify the structure in accordance with Riverside County Fire Department Guideline OFM-01-A. Address must be legible, of a contrasting color, and illuminated either internally or externally to be visible from the street at all hours.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
77. Provide specific fire department conditions on plans for building permit submittal.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
78. 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
79. 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.
Prior to Building
Permit Issuance
Public Works
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Tentative Tract Map 39416 Conditions of Approval Page 26 of 30
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
80. 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
81. 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
82. 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
83. 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
84. 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
85. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Tentative Tract Map 39416 Conditions of Approval Page 27 of 30
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
86. 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
Prior to Certificate Occupancy
87. 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
Certificate of
Occupancy
JCSD
88. The applicant shall provide and install City-approved signage indicating “No Street Parking – Vehicles Subject to Towing.” Such signage shall be maintained in good condition for the life of the project and shall be located to ensure visibility to all users and visitors.
Prior to
Certificate of
Occupancy
Planning
Division
89. 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, and shall be subject to subsequent one (1) year landscape maintenance period.
Prior to
Certificate of
Occupancy
Public Works
Department
90. A WQMP and Storm Water BMP Transfer, Access and Maintenance Agreement shall be required, obligating the property owner(s) to appropriate operation and maintenance obligations of on-site BMPs constructed pursuant to the approved WQMP. The WQMP and Storm Water BMP Transfer, Access and Maintenance Agreement shall be approved prior to issuance of a building permit and shall be Public Works Staff recorded at the San Bernardino County Recorder’s Office prior to issuance of a Certificate of Occupancy.
Prior to
Certificate of
Occupancy
Public Works
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Tentative Tract Map 39416 Conditions of Approval Page 28 of 30
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
91. 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
92. 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 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.
Prior to
Certificate of
Occupancy
Public Works
Department
93. 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
94. RBBD, TUMF, ADP fee and any city development impact fees that are in effect at the time of the SB330 submittal on October 9, 2025, shall be paid prior to issuance of certificate of occupancy.
Prior to issuance
of certificate of
occupancy
Public Works
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Tentative Tract Map 39416 Conditions of Approval Page 29 of 30
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
95. 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
96. 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
97. 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
98. Remove existing and construct new pavement along the project frontage of Hellman Avenue and Walters Street with a minimum pavement section matching existing 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.
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.
Prior to
Certificate of
Occupancy
Public Works
Department
99. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Tentative Tract Map 39416 Conditions of Approval Page 30 of 30
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification
(Date and
Signature)
100. Construct the following public improvements per City Standards along Walters Street: sidewalk, curb and gutter, street lights, street trees, ADA ramps, grind and overlay. Construct the following improvements along Hellman Avenue: sidewalk, curb and gutter, street lights, street trees, ADA ramps, grind and overlay to median, striping/signage prior to certificate of occupancy.
Prior to
Certificate
Occupancy
Public Works
Department
101. Removal of buddy pole along Hellman Avenue. Prior to Certificate
Occupancy
Public Works
Department
102. 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.
Eastvale City Council
Project No. PLN25-20102– Regent Land Company (Warmington Residential). Major Development Review Conditions of Approval Page 1 of 26
CONDITIONS OF APPROVAL
Planning Application Number and Description: Project No. PLN25-20102– Major Development Review for the site planning and master architecture of a 35 unit single family detached residential community on Tentative Tract Map 39416 subject to SB 330 and State Density Bonus Law, located generally at the northeast corner of Hellman Avenue and Walters Street.
Assessor's Parcel Number: 144-070-016, 144-070-017, 144070-018, and 144-070-020 City Council Approval Date:
Conditions of Approval
Timing/
Implementation
Enforcement/
Monitoring
Verification (Date
and Signature)
General Conditions/Requirements
1. The applicant shall review and sign below verifying the “Acceptance of the Conditions of Approval” and return the signed page to the Eastvale Planning Department. 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. Protest. The applicant may protest any fees, dedications, reservations, or other exactions imposed by the City on the project in the manner provided for in Government Code Section 66020 and Eastvale Municipal Code Section 110.28.050(D). Any protest of the above impact fees, or any other fees, dedications, reservations, or Within 90 days
from project
approval
Building
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 2 of 38
other exactions imposed by the City on the project through PLN25- 20102 must be filed within 90-days of the date of this conditional approval of PLN25-20102.
Deferral of payment to final inspection or certificate of occupancy.
The applicant may elect to defer payment of impact fees to the date of the final inspection, or the date the certificate of occupancy is issued, whichever occurs first, in accordance with Government Code Section 66007 and Eastvale Municipal Code section 110.28.050(B).
If the applicant elects to defer payment pursuant to Section 66007, the fees or charges shall be paid on a pro rata basis for each dwelling when it receives its final inspection or certificate of occupancy, whichever occurs first.
Audit and Notice. In accordance with Government Code Section 66006(e), the Applicant is hereby notified of the right to file with the City Clerk: (a) a request for an audit of the City’s development impact fees in accordance with Government Code Section 66023; and (b) a written request for mailed notices of the City’s public meetings to review annual reports of development impact fees under Government Code Section 66006(b)(1).
4. 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 Ongoing Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 3 of 38
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 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.
5. 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
6. Approval of Major Development Review (PLN25-2012) shall lapse and become void as of September 9, 2028, 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 (PLN25-20102), or a time extension is requested in writing prior to that date.
Ongoing Planning
Division
7. Approval of Major Development Review (PLN25-2012) is contingent upon approval of Tentative Tract Map 39416 and the Density Bonus Agreement. Failure to approve Tentative Tract Map 39416 and the Density Bonus Agreement shall render any approval of Major Development Review (PLN25-20102) null and void.
Ongoing Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 4 of 38
8. All applicable Tentative Tract Map 39416 conditions of approval (PLN25-2012) shall be incorporated herein by reference.
Ongoing Building,
Planning, and
Public Works
Divisions
9. Major Development Review (PLN25-20102) is for the site planning and architecture of 35 single-family residential dwellings within Tentative Tract 39416 along with two (2) lots for open space purposes and four (4) lots for street purposes.
Ongoing Planning
Division
10. 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.
Ongoing Public Works
Department
11. Provide street sweeping services for onsite and offsite within project frontages weekly.
Ongoing Public Works
Department
12. Remove all graffiti within 24 hours pre-construction, during construction, and after a Certificate of Occupancy is issued.
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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 5 of 38
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 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
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. 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 To be
Implemented by
the Applicant
Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 6 of 38
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 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 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 During
Construction
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 7 of 38
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.
19. 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.
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 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).
3. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 8 of 38
20. 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
21. Lots 11 and 24 of TTM 39416 shall be identified as affordable unit lots reserved for the Very-Low Income category.
Prior to Map
Recordation
Planning
Division
22. 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
Notes on Grading and Construction Plans to be Implemented During Construction
23. 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
24. 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
25. 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
26. 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
27. 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
Planning and
Community
Enhancement
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 9 of 38
During
Construction
and Safety
Divisions
28. 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 Grading Permit
29. 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
30. Grading in excess of 199 cubic yards will required performance security to be posted with the City.
Prior to Issuance
of Grading
Permit
Public Works
Department
31. Prior to ground disturbances that would impact potentially suitable nesting habitat for avian species, the project applicant shall adhere to the following:
1. To avoid impacts to nesting birds (common, migratory, and special status) regardless of the time of year during the nesting season, a qualified avian biologist retained by the project applicant will conduct pre‐construction Nesting Bird Surveys within three (3) days prior to project‐related disturbance within the entire project site and a 300-foot buffer around the project site at the appropriate time of day/night, during appropriate weather conditions to nestable vegetation to identify any active nests. Surveys shall encompass all Prior to Issuance
of Grading
Permit
Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 10 of 38
suitable areas including trees, shrubs, bare ground, burrows and cavities. If no active nests are found, no further action will be required.
2. If a nest is suspected, but not confirmed, the qualified avian biologist shall establish a disturbance-free buffer until additional surveys can be completed prior to the commencement of ground disturbing project activities. If an active nest is found, the qualified avian biologist will set appropriate no‐work buffers around the nest which will be based upon the nesting species, its sensitivity to disturbance, nesting stage, and expected types, intensity, and duration of the disturbance. If a nest is observed, but thought to be inactive, the qualified avian biologist shall monitor the nest for one hour (four hours for raptors) prior to approaching the nest to determine status. The qualified avian biologist shall not risk failure of the nest to determine the exact location or status and shall make every effort to limit the nest to potential predation as a result of the survey/monitoring efforts (e.g., limit number of surveyors, limit time spent at/near the nest, scan the site for potential nest predators before approaching, immediately depart nest area if indicators of stress or agitation are displayed). The buffer shall be of a distance to ensure avoidance of adverse effects to the nesting bird. The qualified avian biologist shall use their best professional judgement regarding the monitoring period and whether approaching the nest is appropriate.
The nests and buffer zones shall be field-checked daily weekly by a qualified biological monitor. The approved no‐work buffer zone shall be clearly marked in the field, within which no disturbance activity shall commence until the qualified biologist has determined the young birds have successfully fledged and the nest is inactive.
32. 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 Prior to Issuance
of Grading
Permit
Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 11 of 38
(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 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 oneway 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.
33. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 12 of 38
34. 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
35. 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 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.
Prior to Issuance
of Grading
Permit
Planning
Division
36. 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 Prior to Issuance
of Grading
Permit
Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 13 of 38
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.
37. 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
38. Submit a California civil engineer prepared earthwork cut and fill certification letter to the Engineering Division for review. If the required earthwork in cubic yards is 50 CY or less, a Precise Grading/Paving Plan will not be required; however, the applicant is required to pull an NPDES/Public Works permit prior to issuance of a Building Permit for record purposes.
Prior to Issuance
of Grading
Permit
Public Works
Department
39. 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
40. 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:
Prior to Issuance
of Grading
Permit
Public Works
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 14 of 38
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”
41. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit is required via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer. The General Construction Permit requires the developer’s contractor to prepare and maintain a Storm Water Pollution Prevention Plan (“SWPPP”).
The SWPPP requires all appropriate measures be implemented to prevent erosion and water pollution during construction.
Prior to Issuance
of Grading
Permit
Public Works
Department
42. 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
43. 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 Prior to Issuance
of Grading
Permit
Public Works
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 15 of 38
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.
44. 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 Issuance
of Grading
Permit
Public Works
Department
45. 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
46. 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
47. If the existing irrigation well will not be used as part of the redevelopment, it shall be properly decommissioned prior to grading activities. Well abandonment shall be performed in accordance with all applicable state and local regulatory requirements.
Prior to Issuance
of Grading
Permit
Planning and
Building
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 16 of 38
Prior to Issuance of Building Permit
48. 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
49. 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
50. 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
51. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 17 of 38
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.
52. 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
53. 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
54. 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
55. 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
56. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 18 of 38
57. 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
58. 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
59. 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
60. 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
61. The Title Sheet of the plans shall include:
Occupancy Group
Occupant Load
Description of use
Prior to Building
Permits
Building
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 19 of 38
Type of Construction
Height of Building(s)
Floor area of building(s) and/or occupancy group(s)
62. 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
63. 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
64. 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
65. 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
66. 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
67. 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 truncated domes. Path of travel shall be provided form the public right of way and accessible parking to the building. The design Prior to issuance
of Building
Permits
Building
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 20 of 38
professional shall ensure that the site accessibility plan complies with the latest Federal and State regulations.
68. 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
69. Prior to any demolition, grading, or off site disposal of debris, the project shall be conditioned to require that all discarded building materials be evaluated for the presence of asbestos-containing materials (ACMs) in accordance with applicable federal, state, and local regulations. If ACMs are identified, they shall be handled, removed, and disposed of by a licensed asbestos abatement contractor following all regulatory requirements.
Prior to issuance
of Building
Permits
Building and
Planning
Divisions
70. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 21 of 38
71. 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
72. 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
73. Final plotting of homes on lots within Major Development Review (PLN25-20102) shall be subject to review and approval by the Planning Division.
Prior to Issuance
of Building
Permits
Planning
Division
74. Final plotting of homes, with the exception of homes plotted on Lot 9 and Lot 10 of TTM 39416 shall have a minimum driveway depth of 20 feet.
Prior to Issuance
of Building
Permits
Planning
Division
75. 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
76. 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
77. Any future entry monumentation into the development of Tentative Tract Map 39416 shall be subject to review and approval by the Prior to Issuance
of Building
Permits
Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 22 of 38
Community Development Director and the City Traffic Engineer prior to issuance of a building permit.
78. 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
79. The master conceptual wall and fence plan approved by the City Council as part of PLN25-20102 shall serve as the master plan of development for community walls and fences within TTM 39416.
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
80. The applicant shall provide evidence that a good faith effort was made to enter into an agreement with the property owners of 7483, 7471, 7459, 7447, 7435, and 7423 Silver Saddle Court for the removal of their existing tract perimeter fencing (rear fence) and the construction of a new shared tract perimeter fence (rear fence) in conjunction with the development of project PLN25-20102. In the event that said one or more owners refuse to enter into such agreement, the applicant shall construct the eastern perimeter fence as shown within the development plans for PLN25-20102. Should the latter occur, the applicant shall utilize measures to ensure proper weed abatement occurs between the two parallel perimeter fences so as to prevent any vegetation from growing between the two fences.
Prior to Issuance
of Building
Permits
Planning
Division
81. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 23 of 38
82. 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
83. 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
84. 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 form, size, and character, in addition to site features and material to express design intent.
Prior to Issuance
of Building
Permit
Planning
Division
85. 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
86. 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
87. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 24 of 38
88. 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
89. 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
90. 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
91. 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
92. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 25 of 38
93. 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
94. 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
95. Suggested irrigation and planting maintenance schedules shall be included for compliance with MWELO requirements.
Prior to Issuance
of Building
Permit
Planning
Division
96. A soil management plan shall be included for compliance with MWELO requirements.
Prior to Issuance
of Building
Permit
Planning
Division
97. 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
98. 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
99. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 26 of 38
100. 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
101. 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
102. 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
103. 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
104. Trees on Hellman Avenue and Walters Street shall be 36” box specimens.
Prior to Issuance
of Building
Permit
Planning
Division
105. On Hellman Avenue and Walters Street frontages a minimum of three (3) different levels of planting shall be provided and shall include groundcover, accents, and foundation of massing groupings, that shall vary species and flowering or interest seasons to offer yearround performance and avoid seasons or large swaths of planting in dormancy or in need of sever pruning.
Prior to Issuance
of Building
Permit
Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 27 of 38
106. Tract perimeter walls along Hellman Avenue and Walters Street frontages shall be planted with an appropriate vining species to soften the appearance of walls.
Prior to Issuance
of Building
Permits
Planning
Division
107. Access to rear yards shall require concrete steppers or other hardscape or gravel treatment to allow for refuse can storage/access.
Prior to Issuance
of Building
Permit
Planning
Division
108. Front yard/interior street trees shall be 24” box specimens. Prior to Issuance of Building
Permit
Planning
Division
109. Interior accent Oak trees shall be 36” box specimens. Prior to Issuance of Building
Permit
Planning
Division
110. No planters shall be less than 5 feet wide, minimum tree size shall be 24” box, minimum shrub size shall be 5 gallon with the exception of spreading ground covers- 1 gallon minimum, for frontage areas- typical front yards shall require at least 50% 5- gallon shrubs as relief from the above standard 5-gallon requirement due to limited yard size.
Prior to Issuance
of Building
Permit
Planning
Division
111. 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 Prior to Issuance
of Building
Permit
Building and
Police
Departments
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 28 of 38
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 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.
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 29 of 38
112. Fire protection Water Supplies/Fire Flow- Minimum fire flow for the construction of all buildings is required per CFC Appendix B. A reduction of up to 50% in the required fire flow is permitted for buildings equipped with automatic fire Sprinklers in accordance with the City Municipal Code. Prior to building permit issuance for new construction, the applicant shall provide documentation to show there exists a water system capable of delivering the required fire flow. On-site water supply must be available and operational before any combustible materials are placed on the construction site.
Specific design features may increase or decrease the required fire flow.
a. Will Serve Letters from the responsible water purveyor are required prior to map recordation.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
113. Fire Protection Water Supplies/Hydrants- The minimum number of fire hydrants required, as well as the location and spacing of fire hydrants, shall comply with CFC Appendix C and NFPA 24. Fire hydrants shall be located no more than 600 feet from all portions of the exterior of the building along an approved route on a fire apparatus access road, unless otherwise approved by the fire department. IN areas where new water mains are extended along streets and hydrants are not needed for protection of structures, standard fire hydrants shall be provided at spacing not to exceed 1,000 feet along streets for transportation hazards. Fire hydrants shall be at least 40 feet from the building they are serving. A fire hydrant shall be located within 20 to 100 feet of the fire department connection for buildings protected with a fire sprinkler system. The size and number of outlets required for the approved fire hydrants are 4” x 2 ½” (Standard Hydrant Reference CFC as amended and NFPA 24.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 30 of 38
114. 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 installing contractor shall submit a separate set of working plans designed in accordance with NFPA13 and NFPA 24 to the Fire Department for a permit to install private water mains.
a. Building permits shall not be released prior to the approval of the offsite (JCSD Water Plans) in addition, an approved Fire Water Source and approved Fire Apparatus Access
Inspection shall be required prior to Building permit
issuance.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
115. 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
116. Fire apparatus access roads shall be at least 24 feet wide and comply with Riverside County Fire Department Guideline OFM-01A. Fire apparatus access roads shall be provided within 150 feet of all exterior portions of buildings, unless otherwise approved by the Fire Department. Access roads shall not have a grade more than 16% 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 Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 31 of 38
on tandem rear axles and 25,000 pounds on the front axle. Unless otherwise approved, the grade of a fire apparatus access road shall not exceed 16 percent and the cross slope shall not exceed 2.5 percent. The angles of approach and departure for fire apparatus access roads shall be a maximum of 6 percent grade change for 25 feet of approach/departure. Fire apparatus access roads shall have a turning radius capable of accommodating fire apparatus. Road base without an appropriate topping or binding material does not satisfy the all-weather requirement.
a. Fire Lane Marking: Identification and marking of fire lanes, including curb details and signage, shall comply with all Riverside County Fire Department Standards.
117. Dead-end fire apparatus access roads more than 150 feet in length shall be provided with an approved area for turning around fire apparatus. Reference CFC 503.1.1, 503.2.1 as amended by the County of Riverside and Riverside County Office of the Fire Marshal Guideline OFM-01A.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
118. Inside and Outside Turning Radii- The minimum inside turning radius for an access road shall be 24 feet. The minimum outside turning radius shall be 48 feet. As fire apparatus are unable to negotiate tight “S” curves, a 60-foot straight leg must be provided between these types of compound-turns or the radii and/or road width must be increased accordingly.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
119. Traffic Calming Devices are prohibited. Requests for installation of traffic calming designs/devices on fire apparatus access roads shall be submitted and approved by the Office of the Fire Marshal.
Reference CFC 503.4.1
Prior to Building
Permit Issuance
Riverside
County Fire
Department
120. Fire and Life Safety Requirements- Final fire and life safety conditions will be addressed when the Fire Department reviews any subsequent submittals. These conditions will be based on California Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 32 of 38
Fire Code (CFC), California Building Code (CBC), and related codes/standards adopted and amended at the time of construction plan. Submittal.
121. 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
122. Secondary Access- Unless otherwise approved by the Fire Department, dead end fire apparatus access roads shall not exceed 1,320 feet. Secondary egress/access fire apparatus access roads shall provide independent egress/access from/to the area or as other wise approved by the Fire Department. Secondary egress/access fire apparatus access roads shall be as remote as practical from the primary fire apparatus access road to reduce the possibility that both routes will be obstructed by a single emergency. Additional fire apparatus access roads based on the potential for impairment by vehicle congestion, condition of terrain, climatic conditions, anticipated magnitude of a potential incident, or other factors that could limit access may be required by the Fire Department.
Reference CFC as amended and Riverside County Fire Department Policies and Standards.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
123. Landscape plans shall be submitted to the Riverside County Fire Department for review and approval prior to final building permit issuance or commencement of landscape installation. The plans shall demonstrate that all trees, shrubs, palms, and other vegetation at mature size will not obstruct fire department laddering access, aerial apparatus operations, roof access or fire apparatus reach to any portion of the buildings.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 33 of 38
124. Gate Access: All electronically operated gates shall be provided with Knox key switches and automatic sensors for access. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. A Pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked. Reference CFC 506.1.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
125. Phase construction fire access shall comply with Riverside County Office of the Fire Marshal Guideline OFM-01A. Construction Phasing Plan shall be submitted and reviewed prior to building permit release for each phase of construction.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
126. Residential Fire Sprinklers: Residential fire sprinklers are required in all one and two-family dwellings per the California Residential Code (CRC). Plans must be submitted to the Office of the Fire Marshal for review and be approved prior to installation. Reference CRC.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
127. New Motorized gates shall be provided with means to be automatically opened remotely by emergency vehicles in accordance with the Riverside County Standards and policies. The system shall be compatible, but not limited to the detection of the following manufacturers of emergency vehicle preemption: Federal Signal, Whelen, and Tomar. These gates shall be provided with access to gate equipment or another method to open the gate if there is a power failure. (Manual gates shall not be locked unless a Knox padlock or Knox Box containing the key the lock is installed in an approved location on the approach side of the gate). A pedestrian gate, if used to provide access, shall be a minimum 3 feet wide and provided with a Knox Box/Padlock if locked. Upon installation of the system, compliance testing shall be completed by the Riverside County Fire Department. (RVC Amendment to CFC 503.6.1).
Prior to Building
Permit Issuance
Riverside
County Fire
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 34 of 38
128. The location of address numbers shall be indicated on the building plans. Street numbers shall be displayed in a prominent location on the street or fire apparatus access side of buildings. Numbers and letters shall be a minimum of 12” in height with a minimum stroke of .05 inch. Where access is by means of a private road and the building cannot be viewed from a public way, a monument pole or other sign shall be used to identify the structure in accordance with Riverside County Fire Department Guideline OFM-01-A. Address must be legible, of a contrasting color, and illuminated either internally or externally to be visible from the street at all hours.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
129. Provide specific fire department conditions on plans for building permit submittal.
Prior to Building
Permit Issuance
Riverside
County Fire
Department
130. 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
131. 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
132. The project CC&Rs shall include the following parking management practices:
• Requiring onsite parking permits (such as stickers or hangtags) for any parking in the surface guest parking spaces; • Policies for maximum times vehicles may be parked in the surface guest spaces;
• Policies for towing unauthorized vehicles; vehicles parked in unauthorized locations, such as fire lanes; vehicles parked in surface guest parking without a sticker, hangtag, or other Prior to Issuance
of Certificate of
Occupancy
Planning
Division
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 35 of 38
identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed;
• Policies prohibiting the parking, storage, or driving of commercial vehicle, RV, boat, trailer, ATV, golf cart, or similar vehicle on-site;
• Policies requiring all garages be used for the sole purpose of housing parked vehicles (i.e., not for storage purposes); • Policies authorizing routine garage inspections to ensure garages are available for vehicle parking; and
• Policies prohibiting on-street parking as a result of street widths.
133. 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
134. The applicant shall provide and install City-approved signage indicating “No Street Parking – Vehicles Subject to Towing.” Such signage shall be maintained in good condition for the life of the project and shall be located to ensure visibility to all users and visitors.
Prior to Issuance
of Certificate of
Occupancy
Planning
Division
135. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 36 of 38
136. 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
137. 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
138. 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 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.
Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
139. 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
140. 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
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 37 of 38
141. 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
142. 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
143. Remove existing and construct new pavement along the project frontage of Hellman Avenue and Walters Street with a minimum pavement section matching existing with a minimum subgrade of 24 inches at 95% relative compaction, or equal, along the entire halfwidth 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. 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.
Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
144. 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
145. Construct the following public improvements per City Standards along Walters Street: sidewalk, curb and gutter, street lights, street trees, ADA ramps, grind and overlay. Construct the following improvements along Hellman Avenue: sidewalk, curb and gutter, street lights, street trees, ADA ramps, grind and overlay to median, striping/signage prior to certificate of occupancy.
Prior to Issuance
of Certificate of
Occupancy
Public Works
Department
Eastvale City Council
Project No. PLN25-20102 – Regent Land Company (Warmington Residential) Major Development Review for TTM 39416 Conditions of approval Page 38 of 38
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.
146. Removal of buddy pole along Hellman Avenue. Prior to Issuance of Certificate of
Occupancy
Public Works
Department
147. 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
AGENDA STAFF REPORT
City Council Meeting
PUBLIC HEARINGS
Agenda Item No. 12.3
June 24, 2026
PLN25-20102 – Density Bonus Agreement, Tenta/ve Tract Map 39416, and Major Development Review for Regent Land Company, LLC Residential Development
Prepared By:
Jamie K. Cerda, AICP, Principal Planner
Recommended Action(s)
Staff recommends that the City Council take the following actions:
1. Find the project exempt from CEQA pursuant to CEQA Guidelines Sec'on 15183 based on the findings and conclusions provided in the Exemp'on Determina'on Report, a0ached 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 Regent Land Company LLC and the City of Eastvale, authorize the City Manager to execute the Agreement, and authorize the City Manager to made minor revisions to the Agreement as determined prudent with the concurrence of the City Attorney;
3. Adopt the Resolu'on approving Tenta've Tract Map No. 39416 to subdivide four (4) exis'ng residen'al lots totaling 3.57 gross acres into 35 residen'al lots, two (2) open space purposes and four (4) for street purposes, subject to condi'ons of approval, and approving the Major Development Review for the master building architecture and site planning of 35 single-family residential lots, landscaping, and parking areas, subject to conditions of approval.
Summary
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
The applicant, Regent Land Company is requesting approval of a density bonus agreement, Tentative Tract Map (TTM) No. 39416 to subdivide four (4) exis'ng residen'al lots totaling 3.57 gross acres (Assessor Parcel Numbers: 144-070-016, 144-070-017, 144070-018, and 144-070-020) into 35 singlefamily residen'al lots, two (2) le0ered lots for open space purposes, and four (4) lots for street purposes, as well as the master site planning and architecture of the 35 single-family residen'al homes with two (2) as affordable to very-low income.
As proposed, the project is eligible for a density bonus and waivers of development standards pursuant to California Government Code sec'ons 65915 through 65918 (State Density Bonus Law) and Eastvale Municipal Code (EMC) Sec'on 120.05.090. Addi'onally, the proposed project is subject to the provisions of Housing Accountability Act (HAA), which provides that the receipt of a density bonus or other benefits under the State Density Bonus Law is not a valid basis to find a proposed housing development project inconsistent with applicable objective development standards.
The project is reques'ng a 22.5 percent density bonus under the State Density Bonus Law to allow up to 9.8 dwelling units per acre (du/ac) where the General Plan allows for densi'es up to 8 du/ac.
The project is eligible for this density bonus because the developer has commi0ed to set aside two of the proposed units for very-low income households. The EMC provides that the City Council is the approval authority for density bonus requests, however, State Density Bonus Law does not give the City Council discre'on to deny a density bonus if the project meets all eligibility criteria for the requested density bonus under the State Density Bonus Law. Staff is recommending approval of the applicant’s requests due to the project sa'sfying the intent of the Eastvale General Plan 2040’s Housing Element to promote the development of adequate housing to meet the City’s fair share of the region’s housing needs for all income segments of the popula'on, and because the project meets all applicable objec've development standards other than those waived or modified under the State Density Bonus Law.
Background
Location
The 3.57-acre project site is located on four (4) exis'ng residen'al lots comprised of Assessor Parcel Numbers: 144-070-016, 144-070-017, 144-070-018, and 144-070-020 at the northeast corner of Hellman Avenue and Walters Street. The project site is bound by exis'ng residen'al to the north, Walters Street and Philis'ne Rondo Elementary School of Discovery to the south, exis'ng residen'al to the east and Hellman Avenue and the City of Chino to the west.
Housing Accountability Act (HAA)
The Housing Accountability Act (HAA) (Government Code Sec'on 65589.5) applies to this project.
The HAA established the state’s overarching policy that a local government may not disapprove, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objec've local development standards except under very limited condi'ons. For projects that are consistent with applicable objec've standards in effect on the date the applica'on was "deemed complete" (the date an SB 330 preliminary applica'on was submi0ed or the date a complete project applica'on was submi0ed if there is no SB 330 preliminary applica'on), the city cannot disapprove the project or condi'on it to be developed at a lower density unless a wri0en finding is made, supported by a preponderance of the evidence, that the project would have a specific, adverse impact upon the public health or safety and there is no feasible method to sa'sfactorily mi'gate or avoid the specific, adverse impact. The HAA defines 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
what cons'tutes a "specific, adverse impact" very narrowly to mean "a significant, quan'fiable, direct, and unavoidable impact, based on objec've, iden'fied wri0en public health or safety standards, policies, or condi'ons." Any nega've impacts of the project that do not meet this stringent definition are not sufficient to justify disapproving the project or lowering its density.
Furthermore, the HAA provides that the receipt of a density bonus or other benefits under the State Density Bonus Law "shall not cons'tute 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." The HAA also provides that for project sites where the general plan land use designa'on and zoning are inconsistent, a project that is consistent with the general plan land use designa'on is not required to apply for and obtain a zone change. The City can require the project to comply with objec've development standards applicable in a zone that is consistent with the general plan land use designa'on. The project site has a General Plan land use designa'on of "Chandler Policy Area" and is zoned A-2 Heavy Agriculture. City Staff has iden'fied the R-1 One-Family Dwelling zoning designa'on as the most closely consistent zone with the exis'ng General Plan land use designa'on for the purpose of establishing development standards for the project. An SB 330 preliminary applica'on was submi0ed for this project on October 9, 2025, so the City must apply the applicable standards in effect on that date to this project.
State Density Bonus Law
The California Density Bonus law allows developers who meet the requirements of the state law to seek increases in base density in exchange for providing affordable units on site. To help make construc'ng on-site affordable units feasible, the law allows developers of density bonus projects to request certain numbers of incen'ves/concessions for their project, and en'tles density bonus projects to an unlimited number of waivers or reduc'ons of development standards that would "physically preclude" the development of the project at the increased density and with the concessions/incen'ves permi0ed under the State Density Bonus Law. This project does not include any incen've/concession requests, but does include development standard waiver requests. Those waivers are discussed below in the analysis sec'on below under each of the applicable development standard subheadings, however, for reference a summary of the requested waivers is include in the following table.
Table 1: Requested Waivers
Item R-1 Standard Requested
Minimum Lot Size 7,200 square feet 2,600 square feet
Minimum Lot Width 60 feet 24 feet
Minimum Lot Depth 100 feet 80 feet
Front Setback 20 feet 18 feet
Side Interior Setback 5 feet 4 feet
Side Street Setback 10 feet 5 feet
12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
Max Fence Height 6 feet
7.5' (1.5' retaining with 6' privacy
fence)
8' (2' retaining with 6' privacy
fence)
11' (5' retaining with 6' privacy
fence)
Street Width
32 feet curb to curb
50-foot right-of-way
26 feet curb to curb
36-foot right-of-way
(Modified County Standard 106,
given private streets)
RDG-7
All projects of 10 or more
residential lots should include at
least one single-story floor plan
Two-story plan types (no singlestory model)
RDG-8
Garages are encouraged to be
placed at varying distance from
the street
All garages to be plotted at 20'
from right-of-way with the
exception of two (2) plotted at
18' from right-of-way.
The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various 'mes. In early 2017, the law was amended to restrict the ability of local jurisdic'ons to require studies to “jus'fy” the density bonus and requested incen'ves/concessions, and development standard waivers. The onus is on local jurisdic'ons to prove that the requested incen'ves/concessions or waivers are not jus'fied. Pursuant to California Government Code Sec'on 65915(d)(1) and 65915(e)(1), a local jurisdic'on is limited in its ability to deny requested incen'ves/concessions and waivers, and State Density Bonus Law does not provide a local jurisdiction with any discretion to deny a density bonus.
State Density Bonus Law requires the local agency to ensure that an affordable for-sale unit that qualified the project for a density bonus is ini'ally sold to an income qualified household at an affordable price, and that an equity sharing agreement is recorded to ensure that if the home is sold the agency recaptures the "ini'al subsidy" (market value minus the ini'al affordable sales price) plus a proportionate share of the appreciation.
Analysis
Tentative Tract Map No. 39416
The applicant has submi0ed an applica'on for Tenta've Tract Map (TTM 39416) to subdivide four (4) exis'ng, previously developed residen'al lots totaling 3.57 gross acres into thirty-five (35) single family residen'al lots, two (2) lots for open space purposes and four (4) lots for street purposes within the Chandler Policy Area land use designation.
Municipal Code requirements pertaining to subdivisions (Tract Maps and/or Parcel Maps) are governed by the Subdivision Map Act (State of California Government Code § 66410-66499.58), and Title 130 (Subdivision) of the Eastvale Municipal Code. Furthermore, all subdivision maps must 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 | eastvaleca.gov
comply with the provisions of the City General Plan, Zoning Code, and all other ordinances, statutes and laws pertaining to the use, sale, leasing or subdivision of land.
General Plan Consistency
The subject property is classified as Chandler Policy Area in the Eastvale General Plan 2040. This classifica'on allows up to a maximum of eight (8) dwelling units per acre or a base density of 29 total dwelling units for the project site (8 du/ac x 3.57 ac ≈ 29 du). Pursuant to the California Density Bonus law, the density bonus is the number of units permi0ed to be built in addi'on to the “base density”, or the number of units that would be permi0ed to be built under generally applicable local requirements without a density bonus. The amount of the density bonus is set on a sliding scale, based upon the percentage of affordable units at each income level.
With the applicant’s u'liza'on of State Density Bonus law providing an affordable unit percentage of six percent (6%) or two (2) affordable units for the very low-income category (30-50 percent area median income) the applicant is en'tled to a density bonus of 22.5%, or an addi'onal seven (7) units above the base density of what would be permi0ed to be built under the General Plan without a density bonus (29 total du of base density X 0.06 affordability rate ≈ 1.74, which gets rounded up to 2 affordable du) . The applicant is reques'ng a total of only 35 residen'al units rather than their entitled 36 residential units (29 base density units + 7 density bonus units) as part of this project.
Table 2: Density Bonus Calculation
Affordable Unit - 6% (2 units -
Very Low Income)*
Density Bonus Calculation Units Allowed
Base Density - Single Family Low 3.57 acres x 8 du/ac 28.56 Units, rounds up to 29
22.5 Percent State Density Bonus (29 du base density x 0.225) + 6.526 units, rounds up to 7
units
Total Units
36 Units Allowed
35 Units Proposed
*Affordable unit percentage is calculated excluding units added by a density bonus.
Tentative Tract Map No. 39416 ( Attachment 1) proposes a density of 9.8 du/ac (i.e., 35 residential lots ÷ 3.57 acres = 9.8 du/ac), exceeding the permitted density for the site per the General Plan (i.e., 8 du/ac); however, pursuant to State Density Bonus Law, units added by a density bonus (i.e., 7 additional units) are excluded from density calculation; therefore, the project has a proposed density of 8 du/ac (i.e., 28.56 base density units ÷ 3.57 acres = 8 du/ac); therefore consistent with the General Plan land use designation of the Chandler Policy Area.
Zoning Code Compliance
The property is zoned A-2 Heavy Agriculture. This designa'on is intended as an area for large lot single-family residential units with minimum lots sizes of 20,000 square feet.
As proposed, TTM 39416 does not conform to the development standards of the A-2 zone in that the 35 proposed residen'al parcels do not sa'sfy the minimum lot size of 20,000 square feet, lot width of 100 feet, and lot depth of 150 feet. The smallest lots comprising TTM 39416 have minimums of 2,698 square feet in size, 33 feet in width, and 80.5 feet in depth.
However, under the provisions of HAA, a housing development cannot be required to rezone the 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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property if it is consistent with the objec've General Plan standards for the property because the A2 zoning is inconsistent with the Chandler Policy Area land use designa'on. As stated above the proposed project complies with the standards of the Chandler Policy Area General Plan land use designa'on. The proposed development also needs to comply with the objec've zoning code standards applicable to the property, but only to the extent they facilitate the development at the density allowed by the General Plan.
Since the development standards of the A-2 zone would preclude the development of the site at the density permi0ed by the General Plan, the applicant designed the community to reflect the development standards of the R-1 zone outlined in Table 3.2-2 of the Eastvale Zoning Code to the greatest extent feasible and is formally reques'ng waivers from the development standards the project cannot satisfy under the State Density Bonus Law.
While the minimum lot size, width, and depth of the proposed lots do not meet all the minimum standards outlined in Table 3.2-2 of the Eastvale Zoning Code for the R-1 zone, the R-1 zone is the only zone designated for single family detached residen'al units. The proposed development standards will be discussed in greater detail later in this report.
Access and Circulation
Access to the tract is proposed via a driveway along Walters Street (i.e., Street “A”) and a driveway along Archibald Avenue (i.e., Street “B”). The entry road off Walters Street (i.e., Street “A”) would extend into the site a distance approximately 330 feet where it intersects Street “B” providing vehicular access back out to Archibald Avenue approximately 260 feet away. The entry ways would include decora've paving treatment, and enhanced landscape nodes at either side to create an a0rac've “grand entry”. All streets within the tract are proposed to be private and maintained by the Homeowners Association.
The streets are designed with a 26-foot paved sec'on and 5- foot sidewalk on either side within a 36-foot-wide right-of-way, which does not meet minimum street standards for public streets; however, the streets are proposed to be private and are designed to meet Riverside County Modified County Standard 106 for Private Streets. The Riverside County Fire Department has reviewed the proposed street design and Fire Lane Striping Plan to ensure adequate circula'on and is suppor've of the proposed design. Lastly, the City Engineer has reviewed the proposed project access and on-site circulation and did not cite any concerns with the proposed design.
Grading and Drainage
Site eleva'on is rela'vely flat with a gently sloping terrain with surface drainage generally directed to the south. Regional water quality regula'ons require storage and treatment of stormwater onsite to the maximum extent feasible in order to reduce pollutant loads, prior to discharge downstream. Accordingly, the applicant’s Hydrology Report proposes the project will direct onsite flows towards the southeast corner of the project site via a series of gu0ers throughout the development. Surface flows in these proposed gu0ers will direct runoff towards a modular wetland system before discharging into an exis'ng storm drain system within Walters Street, which ultimately outfalls to Cucamonga Creek.
The Engineering Division has reviewed the proposed grading and drainage plan for the project and has not expressed any concerns regarding the proposed design. Standard condi'ons of approval have been suggested that require final grading and drainage plans and the final Water Quality 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Management Plan (WQMP) to be reviewed and approved by the City Engineer prior to issuance of a grading permit.
Traffic
The proposed project is deemed consistent with the development density allowed on the project site by the General Plan. Furthermore, the proposed 35-unit residen'al project represents an increase of only 6 units of development on the site over what was analyzed in the General Plan EIR adopted and cer'fied by the City Council on March 27, 2024. The project would not result in transporta'on impacts that are peculiar or more severe than those disclosed in the General Plan EIR.
Noise
In general, construc'on ac'vi'es on the project site would increase ambient noise levels in the vicinity on an intermi0ent but temporary basis. Noise levels during construc'on would fluctuate depending on the construc'on phase, equipment type and dura'on of use, distance between the noise source and receptors (i.e., neighboring residences and schools in the vicinity), and the presence or absence of barriers between the noise source and receptors. Staff notes that construc'on-related noise is exempt from the City’s noise control ordinance, provided that construc'on noise occurs between 6:00 a.m. and 6:00 p.m. June through September and between 7:00 a.m. and 6:00 p.m. October through May. Staff has also included a condi'on of approval reitera'ng allowable construc'on hours and emphasizing the sensi'vity of this issue to surrounding neighboring residents and the Philis'ne Rondo Elementary School of Discovery. It is an'cipated that the primary source of noise impacts to the project site would be traffic noise from Archibald Avenue that is adjacent to the west side of the project site.
Public Infrastructure
Implementa'on of the proposed project will result in addi'onal demand on exis'ng public services, including demand for fire and police services. However, this increase in demand can be accommodated by exis'ng service levels, and therefore would be less than a significant impact.
Addi'onally, the increase in demand to the u'li'es, i.e., water, gas, power, and sewer, can be accommodated by exis'ng service levels as there is sufficient capacity to serve the project site under present condi'ons. Jurupa Valley Community Services District (JCSD) has provided a will-serve letter for the proposed project confirming availability of sufficient water supply to serve the project.
In addi'on, Riverside County Fire Department has reviewed the proposed site plan for fire/emergency access and did not iden'fy any significant issues of concern that would require further submi0als to Riverside County Fire Department subsequent to any approval of the project granted by the City. Riverside County Fire Department suggest applicable standard condi'ons of approval, which staff has included in the attached conditions of approval.
Schools
The proposed project would not include significant or unplanned popula'on growth as the proposed project is consistent with the General Plan. The project would be required to comply with SB 50 requirements, which allow school districts to collect impact fees from developers of new projects.
According to Sec'on 65997 of the California Government Code, payment of statutory fees is the exclusive method of mi'ga'ng environmental effects related to the adequacy of school facili'es.
Thus, upon payment of required fees by the applicant consistent with exis'ng State requirements, impacts would be less than significant. Furthermore, Corona-Norco Unified School District has 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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provided the applicant a Will-Serve le0er confirming their availability to accept student enrollment from the proposed development (Attachment 13).
Parks and Recreation
In an effort to develop and maintain a comprehensive system of parks, recrea'on and natural open space lands that meet the ac've and passive recrea'on and open space needs of all residents and visitors, the Eastvale General Plan, specifically Policy CO-2.4, requires new residen'al developments to dedicate land and/or payment of in lieu fees consistent with state law. As outlined in Sec'on 130.20.020 of the Eastvale Municipal Code, applicants are required to provide three (3) acres of parkland per 1,000 residents within the subdivision. In the case of the subject project the applicant is required to provide a minimum of 0.31 acres of land for public parks and recrea'onal purposes.
This is calculated by the number of dwelling units in the subdivision (35 residen'al units) mul'plied by the average number of persons per dwelling unit (2.98 persons per detached single family residen'al unit) mul'plied by .003 (3 acres per 1,000 residents). As the proposed project will not offer any onsite public park and recrea'onal facili'es, the applicant will be required to remit necessary in lieu fees as a condi'on of approval. In lieu fees are calculated using the fair market value of the land divided by 3.57 (project site acreage) and mul'plied by 0.31 (parks and recrea'on land dedica'on requirement). Prior to recording the Final TTM, the applicant will be required to pay the required fees ensuring Eastvale’s goal of a comprehensive system of parks, recrea'on and natural open space lands are available to all residents and visitors.
Major Development Review
In order to safeguard and enhance the appearance and quality of development in the City of Eastvale, Sec'on 120.02.010 of the Eastvale Zoning Code requires Major Development Review approval for any new single-family subdivision development. This scope of review is outlined in the aforementioned code section, and includes, but is not limited to, exterior design, materials, textures, colors, as well as ensuring the proposed structures will be property related to the site and to the surrounding site in order to prevent structures detrimental to the character of the buildings already established in the area. The proposed project has been reviewed for compliance with the applicable development standards and required findings for a Major Development Review as set forth in Sec'on 120.02.010 (C)(5) of the Eastvale Zoning Code. The required findings are detailed in Attachment 7 – Draft Resolution.
Architecture and Treatments
As proposed, the thirty-five (35) single-family homes are designed with quality urban design, architecture and landscaping. Based on staff’s review, the project is generally consistent with the Eastvale Design Guidelines except for the requested waivers discussed below.
The applicant is proposing three (3) different model home plans. The table below provides a summary description of the models proposed:
Table 3: Plan Summary
Plan
Square
Footages
No. of
Stories
No. of
Bedrooms
No. of
Bathrooms
Garage
Parking
Percentage
of Total
Project
Plan 1 1,905 ft2 2
3+ loft (4 bed
option)
2.5 2/421 ft2 31 %
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Plan 2 2,075 ft2 2
4+ loft (5 bed
option) 2.5 2/423 ft2 37%
Plan 3 2,150 ft2 2
3+ loft + flex (5
bed option)
3 2/489 ft2 31%
In addi'on to the three (3) different plan types, the following three (3) architectural styles are also proposed as part of the master architecture:
• Cottage (31 percent of units)
• Farmhouse (34 percent of units)
• Monterey (34 percent of units)
Included in the development plans (AAachment 3) the applicant proposes a total of nine (9) different color schemes, seven (7) different trim and siding colors, and five (5) different roofing materials for the above models. Addi'onal architectural details include window shu0ers, wood siding, pronounced windowsills and ledges, and board and batten.
The variety of op'ons available to all plans will ensure that a rich diversity of colors and materials will be apparent throughout the community. The illustra've color eleva'ons contained within the project plan set provide further details regarding these proposed options.
The City of Eastvale’s Design Standards and Guidelines (RDG-7) requires all projects with ten (10) or more residen'al lots to include at least one single-story floor plan. The proposed project consists of 35 residen'al units with no single-story floor plan but rather three (3) two-story models. To achieve the necessary density of eight (8) dwelling units an acre afforded by HAA and State Density Bonus Law the individual lot sizes of the project are forced to be smaller than most R-1 zoned proper'es in that they range from 2,698 to 4,096 square feet. The applicant’s proposed two-story models range in size from 1,950 – 2,150 square feet. Given the small lot size of Tenta've Tract Map 39416 and the fact that single-story floor plans have larger footprints than two-story floor plans it would not be feasible to construct a compa'ble or desirable single-story model in the proposed tract; therefore, staff is supportive of the requested waiver.
Site Planning
Staff reviewed the site plan for each of the lots under considera'on as part of this Major Development Review. As noted above, the proposed development needs to comply with the objec've zoning code standards applicable to the property, but only to the extent they facilitate the development at the density allowed by the General Plan.
To create consistency with the surrounding single-family residen'al neighborhoods and in compliance with HAA, the applicant designed the community to the R-1 One-Family Dwelling development standards, to the greatest extent feasible. Apart from the front and side yard setback standards, requested to be waived, all residen'al units are plo0ed in compliance with the standards applicable to the R-1 One-family Dwelling zone. As such, staff is suppor've of the proposed plo\ng as it meets the intent of HAA as well as creates a compa'ble development within an exis'ng developed portion of the city.
Table: 4 Compliance with R-1 Development Standards
Compliance with R-1 One-Family Dwelling Residential Development Standards 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Standard Required Proposed Meets Standard
Front Setback 20 feet 18 feet No
Rear Setback 10 feet 10 feet Yes
Side Yard Setback
(Interior)
5 feet 4 feet No
Side Yard Setback
(Street Side)
10 feet 6 feet No
Building Height 40 ft. maximum 26 feet Yes
Off-Street Parking
2 covered spaces
minimum
2 covered spaces and 2
driveway spaces
Yes
As stated previously, pursuant to Government Code Section 65915(e)(1), if a city development standard would physically preclude the project from being built at the permitted density, the developer may propose to have those standards waived or reduced. The applicant is requesting a two-foot reduction in the front yard setback from twenty feet to eighteen feet on Lot 9 and Lot 10.
Staff has evaluated the request and found that the proposed front yard setback continues to meet the minimum off-street parking dimension of eighteen feet; therefore, allowing Lot 9 and Lot 10 to provide driveway spaces. Additionally, the location of these lots, located off an alley and not a main road, would not affect general circulation and for this reason staff is supportive of the requested wavier. A one-foot reduction or waiver of the interior side yard setback from five (5) feet to four (4) and a four (4) foot reduction or waiver of the street side yard setback from ten (10) feet to six (6) feet is also proposed. Staff has evaluated and determined the requests comply with California Building Code and does not pose a health and safety risk; that paired with the narrower lot width than typical R-1 zone property (33 feet versus 60 feet), staff supports the waiver request.
Parking
Each proposed dwelling unit would include two (2) garage spaces and two (2) driveway spaces, for a total of 140 spaces, with the project providing an addi'onal six (6) guest parking stalls on Street “B.” Pursuant to Sec'on 120.05.060 of the Eastvale Zoning Code, the project would exceed the City’s minimum parking requirement of 70 spaces (2 spaces per dwelling unit) by 6 parking spaces (70 driveway spaces + 6 guest parking stalls). In addi'on, the site is parked in compliance with California Government Code Sec'on 65915(p)(1)(B)(C) in that California Density Bonus Law allows
2.5 parking spaces per four or more bedrooms, inclusive of handicapped and guest parking. It should be noted, given the width of the private streets, that vehicles are prohibited from parking on the street.
The Major Development Review includes provisions requiring the following parking management prac'ces, to be incorporated into the final, recorded CC&Rs, and applicable throughout the life of the project:
Requiring onsite parking permits (such as s'ckers or hangtags) for any parking in the surface guest parking spaces;
Policies for maximum times vehicles may be parked in the surface guest spaces; Policies for towing unauthorized vehicles; vehicles parked in unauthorized loca'ons, such as fire lanes; vehicles parked in surface guest parking without a s'cker, hangtag, or other identifiers; and vehicles parked longer than any maximum guest parking timeframes allowed; Policies prohibi'ng the parking, storage, or driving of commercial vehicle, RV, boat, trailer, 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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ATV, golf cart, or similar vehicle on-site;
Policies requiring all garages be used for the sole purpose of housing parked vehicles (i.e., not for storage purposes); and
Policies authorizing rou'ne garage inspec'ons to ensure garages are available for vehicle parking.
Walls and Landscaping
Sec'on 120.05.030 Table 5.3-1 of the Eastvale Zoning Code establishes the height and development standards for fences, walls and screens within residen'al zoning districts. Pursuant to Table 5.3-1 fencing is limited to a maximum of six feet (6’) in height.
The proposed fencing along the project’s boundaries, including Hellman Avenue and Walters Street would consist of a six-foot (6’) tall split face block with a tan concrete masonry unit (CMU) cap, and decora've pilasters consistent with the Zoning Code. Internal to the project site, return walls and privacy walls between residen'al lots consist of a six-foot (6’) high, tan vinyl fence and vinyl gate.
The northern tract boundary or rear walls of Lots 1-5 range in height due to the proposed grade differences between the subject site and the proper'es to the north. The northern wall is a combina'on retaining/privacy screen wall with a total max height of eight (8) feet (2’ retaining + 6’ privacy/screen) as visible from the proper'es to the north. The applicant is reques'ng a waiver from the six-foot height limitation to construct the northern wall.
The eastern tract boundary or rear walls of Lots 9-21 range in height due to the proposed grade differences between the subject site and the proper'es to the east. The eastern wall is a combina'on retaining/privacy screen wall with a total max height of 7.5 feet (1.5’ retaining + 6’ privacy/screen) as visible from the proper'es to the east. The applicant is reques'ng a waiver from the six-foot heigh limita'on to construct the eastern wall. Staff has added a condi'on of approval that the applicant make a good faith effort to obtain approval of each adjacent property owner to the east in order to remove the exis'ng block wall and replace with one singular block wall. Should an exis'ng owner not wish to enter into such an agreement with the applicant and have the desire to keep their exis'ng 6’ block wall then the applicant shall construct their proposed 7.5’ wall adjacent to the exis'ng 6’ wall and incorporate a weed abatement that would prevent vegeta'on from growing between the two walls.
The western tract boundary or rear walls of Lots 22-28 range in height due to the proposed grade difference between the subject site and the property to the west (APNs: 144-070-021 and 144-070- 019). The western wall is a combina'on retaining/privacy screen wall with a total max height of eight (8) feet (2’ retaining + 6’ privacy/screen) as visible from the property to the west. The applicant is requesting a waiver from the six-foot height limitation to construct the northern wall.
Lastly, the rear walls of lots 31-35 (facing south) range in height due to the proposed grade difference between the subject site and the property to the south (APN: 144-070-019). The southern facing wall is a combina'on retaining/privacy screen wall with a total max height of eleven (11) feet (5’ retaining + 6’ privacy/screen) as visible from the property to the south. The applicant is requesting a waiver from the six-foot height limitation to construct this wall.
As stated before, if a city development standard would physically prevent the project from being built at the permi0ed density, the developer may propose to have those standards waived or reduced according to Government Code Sec'on 65915(e)(1). In the case of the applicant’s Wall and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Fence Plan, staff has reviewed the proposal and finds that the waivers are necessary to develop the site to the density permi0ed by right under the General Plan and HAA. The exis'ng site topography with developed single family residen'al property to the north, south and east, is necessary to retain and stabilize the site via retaining walls as well as provide future residents the expected level of privacy (i.e., 6’ screen wall).
The applicant’s Preliminary Landscape Plans (AAachment 4) offer enhanced landscaped frontages (i.e., Hellman Avenue and Walters Street) and entrances into the future residen'al community (i.e., Street “A” and Street “B”), crea'ng a sense of arrival. The frontages will be planted with Coastal Live Oak and Silk Oak trees, shrubs consis'ng of Fortnight Lily, Spanish Lavender, Li0le John, Sweet Bay, Compact Texas Ranger, and many others. Addi'onally, where visible, tract perimeter walls will be condi'oned to be clad in Ivy to so_en the appearance of the block walls and provide addi'onal greening to the community. Finally, per the City of Eastvale’s Residen'al Design Standards and Guidelines, each lot is required to plant a minimum of one (1) yard tree. To meet the Residen'al Design Standard the applicant proposes the following trees for both accent and screening purposes:
Bisbane Box, and Fern Pine trees.
Overall, staff believes that the proposed landscape and wall plans are sa'sfactory. They are generally consistent with other approved tract wall/landscape plans and will ensure aesthe'c treatment of the tracts common areas and other perimeter (publicly visible) por'ons of the tract, and will support a high-quality community design, similar to other developments areas throughout the city. A final landscape plan will be reviewed during the building permit process to ensure that the details of the proposed landscape plan comply with the City landscape regulations.
Density Bonus Agreement
The Density Bonus Agreement for the project is provided as Attachment 6. The Agreement identifies the affordable units, and their household income limits, and other per'nent language such as the term of the agreement. The following summaries the salient sections within the Agreement.
Of the total units in the development, two (2) units are proposed to be affordable to very-low income households (earning 30-50 percent of the area median income, which is currently set at $110,000 adjusted for a four-person household size, or a household income less than $55,950), as published by the California Department of Housing and Community Development (HCD). The applicant proposes both of the affordable units to be Plan 1 which consists of a 1,905 square foot, three-bedroom, two and a half bath, two story unit with a two (2) car garage. The proposed units will be distributed within the 35-unit community and are required to be comparable to the marketrate units in their appearance, materials, and exterior and interior finishes, appliances, and fixtures.
Other terms and conditions of the Density Bonus Agreement include:
Homebuyers will be required to execute a Resale Restric'on Agreement in which each restricted unit must be occupied as the homebuyer’s principal residence.
Affordable units cannot be concentrated in one loca'on within the project site but instead dispersed throughout the project.
The City has the right to inspect the affordable units and documents.
Public Hearing Notification and Comment
The project requires a minimum 10-day public hearing no'fica'on period for property owners and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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commercial tenants within a 600-foot radius of the project site. The public hearing no'ce was published in the Press Enterprise newspaper on June 14, 2026, for the Planning Commission mee'ng on June 24, 2026, and mailing no'ces were mailed on June 11, 2026. The No'ce of Public Hearing and a map showing the proper'es that received no'fica'on are included as AAachment 10 and AAachment 11. As of this wri'ng, staff has received two le0ers of concern from residents on this project. Copies of these letters can be found in Attachment 14.
Environmental
Pursuant to California Environmental Quality Act (CEQA) Guidelines Sec'on 15183, because implementa'on 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 addi'onal environmental review beyond a Sec'on 15183 Exemp'on Report is required for the proposed project. A Sec'on 15183 Exemp'on Report was prepared for the project and has been included as Attachment 5 of this report.
Strategic Plan Action - Priority Level: N/A | Target #: B | Goal #: E Diversify the housing stock with more options.
Fiscal Impact
Processing the proposed applica'ons will have li0le to no fiscal impact on the City as the project is funded by the applicant.
Prior City Council/Commission Action
On May 20, 2026, the Planning Commission took public testimony of the requested items and by a 4- 0 vote, recommended the Eastvale City Council deny the proposed residen'al development based on perceived health and safety concerns, par'cularly related to inadequate infrastructure and the project’s proximity to Philis'ne Rondo School of Discovery. Planning Commissioners emphasized the need for further analysis of poten'al impacts, including traffic circula'on, pedestrian safety, and school-related conflicts, and requested staff and the City A0orney to evaluate whether these issues could cons'tute significant adverse impacts warran'ng denial. While recognizing legal constraints under State housing laws, the Commission concluded that, absent clear resolu'on or feasible mitigation of these concerns, the project should not be approved.
Following the May 20, 2026, Planning Commission mee'ng, staff analyzed the above noted concerns raised by the Planning Commission. With the proposed project, both Walters Street and Hellman Avenue would be widened to their ul'mate street right-of-way per the General Plan along their project frontages. While widening would not create greater roadway capacity it would create addi'onal street improvements (i.e. curb/gu0er and sidewalks) and be consistent with the already developed portions of both Walters Street and Hellman Avenue.
The lack of sidewalks across from Philis'ne Rondo School of Discovery was another issue raised.
With the proposed project, sidewalks would be installed along the project frontages of Walters Street and Hellman Avenue, as well as within the project itself. While specific concerns were raised about the lack of sidewalks at the corner of Walters and Hellman, the parcel located at the northeast corner of Walters Street and Hellman Avenue is not within the project boundary or owned by the applicant; thus, sidewalks are not proposed to be installed along the corner, nor can the City 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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require the offsite improvements. However, the sidewalks proposed on both sides of the streets within the project site would provide students a safer means of walking north to Hellman Avenue rather than along the remaining unimproved por'ons of Hellman Avenue. As addi'onal sidewalks are to be installed and street improvements are to be made per the General Plan, staff believes the applicant has designed their project to meet City standards and ensure public safety to the greatest extent feasible while being inopportunely located across from Philis'ne Rondo School of Discovery where existing traffic circulation issues have been known to be challenging for existing residents.
Attachment(s)
Attachment 1 - Tentative Tract Map 39416
Attachment 2 - Plot Plan
Attachment 3 - Architectural Development Plans
Attachment 4 - Landscape Plans
Attachment 5 - Section 15183 CEQA Exemption Report
Attachment 6 - Draft Affordable Housing Agreement
Attachment 7 - Resolution Approving Project
Attachment 8 - Exhibit A to Resolution - Conditions of Approval (TTM) Attachment 9 - Exhibit B to Resolution - Conditions of Approval (MDR) Attachment 10 - Public Hearing Notice
Attachment 11 - Radius Map
Attachment 12 - Planning Commission Staff Report May 20, 2026 with Public Comments Attachment 13 - CNUSD Will Serve Letter
Attachment 14 - Public Comment Letters
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Agenda Staff Report
City Council Meeting
City Council Business
Agenda Item No. 13.1.
2026 Business Incentive Loan Program Policy Revisions
Prepared By:
Alexander Fung, Deputy City Manager
Recommended Action(s)
Staff recommends that the City Council review and adopt the revised Business Incentive Loan Program Policy.
Summary
The City of Eastvale currently administers and manages a Business Incentive Loan Program to support economic development and business attraction activities in Eastvale. The Program was officially approved by the City Council on September 25, 2019, to promote Eastvale as an excellent location for quality businesses, boost business expansion opportunities, and enhance local economic growth.
Proposed sales tax generating businesses that are new to Eastvale or existing sales tax generating businesses in Eastvale desiring to expand their gross floor area by 50% or more are eligible to apply for funding under the City’s Business Incentive Loan Program. Eligible applicants must also be either a high-end restaurant, an upscale restaurant, or a premium casual restaurant.
According to the current Business Incentive Loan Program Policy, eligible applicants should also provide high-quality food, formal and elevated atmospheres, wine lists, and sit-down services.
Customers should also be served with cloth napkins and metal utensils. The City retains the ability to determine whether a business is classified as a fine dining restaurant or a premium
casual restaurant at its sole discretion.
Businesses receiving loans from the City through the Business Incentive Loan Program can use the funds on purchases of business equipment, furniture, and fixtures and working capital expenses. Interior and/or exterior leasehold improvements and construction/renovation activities are ineligible expenses. These businesses must also remain operational in Eastvale for at least seven years before the loans are forgiven. During the seven-year period, the City can request financial documents from business owners or managers as needed. If these businesses fail to comply with the loan agreements’ terms, the businesses must repay their obligations to the City. Eligible businesses may apply to the Program within their first 90 days of operation.
Since the Program’s inception, the City has awarded a $75,000 loan to Jinya Ramen Bar on March 10, 2021, a $100,000 loan to Bushfire Kitchen on April 27, 2022, and a $100,000 loan to Georgia’s Restaurant on June 26, 2024.
The City Council had previously updated and revised the Business Incentive Loan Program Policy on September 27, 2023, and on October 9, 2024 to streamline the application review process and provide additional clarification for interested applicants. Last month, the Economic Development Team began working with the City’s Business and Development Success Ad-Hoc Committee to review and assess the current Business Incentive Loan Program Policy, with the goal of continuing to mitigate risks while maintaining the program as an effective business attraction tool.
Based on the recommendations from the Business and Development Success Ad-Hoc Committee, staff desires to present several proposed revisions to the Business Incentive Loan Program Policy to better serve the needs of Eastvale’s community.
Background
Proposed revisions to the Business Incentive Loan Program Policy include:
Loan Agreement Template
The existing Policy does not include a sample loan agreement in the application. Interested applicants frequently requested an agreement template as a point of reference. Staff recommends that a loan agreement template be included to provide clarity.
Federal Loan Exclusion Clause
To minimize risks to the City, staff recommends stating that applications must not be listed as an excluded individual or have any affiliation with an excluded entity identified in the federal System for Award Management (SAM) database. Applicants or entities are excluded from SAM when a federal agency officially places them on the federal exclusion list due to misconduct, legal violations, or failure to meet government rules. Including this requirement in the Business Incentive Loan Program ensures that applicants remain in compliance with existing financial obligations and have good financial standing.
Application Timeliness
The existing policy requires an application to be submitted within 90 days of the restaurant opening. The modified policy clarifies that the City requires a complete application, including the supporting documentation required by the policy, to be submitted within this timeframe.
Environmental
Pursuant to Section 15378 of the California Environmental Quality Act (CEQA) Guidelines, organizational or administrative activities of governments that do not result in direct or indirect physical changes in the environment are not considered as CEQA projects.
Strategic Plan Action
Priority Level: 1 | Target #: B | Goal #: A
Revisions to the Business Incentive Loan Program Policy will ensure that the City continues to provide resources that best meet the needs of the local community, thereby furthering the City’s business attraction and retention efforts.
Fiscal Impact
Revising the Business Incentive Loan Program Policy will not result in any fiscal impact on the City. Loans are funded through the General Fund and budget will be appropriated when City Council approves the loans.
Prior City Council/Commission Action
The creation of the Business Incentive Loan Program was approved by the City Council on September 25, 2019. The City Council first voted to approve the Program’s first award in the amount of $75,000 to Jinya Ramen Bar on March 10, 2021. The City Council subsequently approved the Program’s second award in the amount of $100,000 to Bushfire Kitchen on April 27, 2022. The City Council approved another action related to the Business Incentive Loan Program on April 27, 2022, which included rescinding the first loan agreement with Jinya Ramen Bar and approving a second loan agreement with Jinya Ramen Bar due to complications resulting from using Community Development Block Grant (CDBG) funds as loan awards. On September 27, 2023, the City Council updated and revised the Business Incentive Loan Program Policy to streamline the application review process and provide additional clarification for interested applicants. On June 26, 2024, the City Council approved the Program’s third award in the amount of $100,000 to Georgia’s Restaurant. Furthermore, the City Council approved additional revisions to the Business Incentive Loan Program Policy on October 9, 2024 to include changes to the allowable timeline in which new eligible businesses can apply for funding and specify requirements for existing eligible businesses.
Attachment(s)
1. Attachment 1 – Existing Business Incentive Loan Program Policy
2. Attachment 2 – Draft Revised Business Incentive Loan Program Policy
1 City of Eastvale
Business Incentive Loan Policy
SECTION 1: INTRODUCTION
This written policy is intended as a guide in making credit decisions regarding applications for the Business Incentive Loan Program for the City of Eastvale (City). This policy is written to allow flexibility as credit needs change. It should be used as a tool to provide consistency for project selection. Projects will be considered for funding on a case-bycase basis, until available funding is exhausted. Only those projects falling within the scope of the guidelines will be considered for funding. Depending on the funding amount, successful applicants will be determined by the City Manager or City Council.
SECTION 2: PURPOSE
This policy provides financial assistance to support economic development and business retention and expansion goals. The goals are structured to promote Eastvale as a positive place for quality businesses, promote business expansion and attraction to enhance local economic growth, and ensure that government regulations promote a favorable business climate.
This loan program is not to be equated with a loan program available through banking or financial institutions. As a public lender, the source of funds is interested as much in the social benefits as return on investment, and preservation of capital. The return to Eastvale is multiple: increased investment in the business community, job creation, and enhanced business activity, and increased tax revenues and quality of life for our residents.
The purpose of the economic development assistance is to:
1. Reduce Eastvale’s sales tax leakage.
2. Create jobs within the community.
3. Create opportunities for business expansion for existing Eastvale businesses.
4. Create opportunities for recruiting new businesses.
5. Encourage additional foot traffic and social activity within a business location.
6. Diversify the City’s sales tax base.
SECTION 3: PROHIBITION AGAINST CHANGE IN OWNERSHIP, MANAGEMENT
AND CONTROL OF PARTICIPANT
2 The qualifications and identity of Participant in this program are of particular concern to City. It is because of those qualifications and identity that City will enter into an Agreement with Participant. No voluntary or involuntary successor in interest of Participant shall acquire any rights or powers under this program except as expressly set forth within executed documents under this program. A change in ownership, management, and control shall be subject to the approval of City, but such approval shall not be unreasonably withheld.
Participant shall not assign all or any part of any Agreements or Notes under this program without the prior written approval of City, which approval shall not be unreasonably withheld.
SECTION 4: LOAN FORGIVENESS
Participants in this program will be required to remain in operation for a specified amount of time, as outlined in Section V below. In meeting this requirement and compliance with the program, funds loaned will be forgiven at the end of that period.
SECTION 5: PARTICIPATION PERIOD REQUIRED
The required period of time for program compliance and fund forgiveness/repayment is contingent upon the amount loaned. The following schedule applies:
Amount of Loan Forgiveness/Operating Period
Up to $100,000 7 years
SECTION 6: ELIGIBLE BUSINESSES
Given limited funding availability and strong community desire for more variety of options for dine-in restaurants in the City, at this point in time only restaurants are eligible for a loan through the program.
Eligibility Criteria:
1) The restaurant must be a high-end / upscale restaurant or premium casual restaurant providing high-quality food. Examples include, but are not limited to, Fleming’s Prime Steakhouse, McCormick and Schmick’s, The Water Grill, Jinya Ramen Bar, Georgia’s Restaurant, and Bushfire Kitchen. These businesses must include sit-down services and serve customers with cloth napkins and metal utensils. City shall determine, in its sole
3 discretion, whether a business qualifies as a high-end / upscale restaurant or premium casual restaurant.
2a) The restaurant is new to the City; OR
2b) The restaurant is an existing restaurant in the City and is expanding its square footage by 50% or more, at least half of the expansion area is “front of house” to increase the capacity for dine-in customers, and the restaurant will be adding one or more of the following to its offerings:
• Adding a full service bar or a specialty cocktail program; • Adding a patio or outdoor covered seating area for the exclusive use of the restaurant’s patrons (communal outdoor spaces are ineligible); • Adding a space for the performance of live music (not a DJ); • Upgrading from counter service (ordering food at counter, food delivered to table or picked up at counter) to full sit-down service (tableside ordering and delivery of food through waitstaff).
3) The restaurant submits its application within 90 days of the date of opening / re-opening of the restaurant.
SECTION 7: ELIGIBLE ACTIVITIES
Within these categories funding can be used for the following types of activities:
• Purchase of business equipment, furniture, and fixtures • Working capital
Interior and/or exterior leasehold improvements and construction/renovation activities are ineligible expenses. The applicant is responsible for determining whether their use of the loan funds requires the payment of prevailing wages. If prevailing wages must be paid, the applicant must fulfill all applicable prevailing wage requirements.
SECTION 8: APPLICATION REQUIRED DOCUMENTS AND RATING
Prior to applying, applicants are encouraged to contact the City’s Economic Development Manager at [email protected] to discuss interest in applying to the Loan Program. All 16 of the following documentation must be submitted electronically to [email protected].
1. Application Cover Sheet
4 2. IRS Tax Return Verification Form (IRS Form 2)
3. Detailed proposal of use of requested funds
4. List of available collateral, including any to be purchased with loan proceeds
5. Month-to-month projections covering any interim period until year end plus one full fiscal year including the assumptions that the projects were based upon
6. Resume/CV for all business owners/managers
7. Current personal financial statement for each business owner
8. Business data and history
9. Complete Business Plan
10.Fictitious Name Statement (filing and proof of publication)
11.Articles of Incorporation OR Partnership Agreement, Limited Liability Company Article of Organization
12.Fiscal year end business financial statements for prior three years (if available)
13.Interim business financial statement within 60 days of application date
14.Business federal tax returns for the prior three years to include all supporting schedules and statements (if available)
15.Copy of current/proposed lease on business premises including accessor’s parcel number
16.Personal federal tax returns for the prior three years to include all supporting schedules and statements, for each business owner
Given the limited amount of funding available annually, loan proposals submitted by applicants will be reviewed and graded. Eligible applicants’ loan proposals will be evaluated using the following rating system:
1. Reduce sales leakage in Eastvale and generate increased sales tax for the City.
2. Encourage additional foot traffic and social activity within the proposed business location.
3. The risk determination analysis (see Section XIII).
4. Proposed use of the funds (responsible and appropriate) Category Points Available
Reducing sales tax leakage and
generate increased sales tax for the
City
25 Encourage additional foot traffic and
social activity within the proposed
business location
25 Risk determination analysis 25
Proposed use of funds 25
TOTAL 100
5 Funding decisions will be made based on the rating of the proposal and the availability of funding. The date of submission of a proposal as compared to other submissions is not a factor (e.g., funding is not “first-come, first-served”).
SECTION 9: ADMINISTRATION
Loan Committee
In order to ensure timely review of applications, a business incentive loan committee will be organized. The Committee will be comprised of the City Manager, Community Development Director, Economic Development Manager, and Finance Director (Program Administrator). The Committee will meet as needed to review the applications and recommend approval or denial based upon the rating system in section VIII of this policy.
The Committee will also review and recommend approval or denial of requests from approved borrowers for payment deferrals, substitution or release of collateral, waiver or release of covenants, and amendments to loan documents.
Program Administrator
The Finance Director will serve as the Program Administrator. The Program Administrator will market, solicit, review, and process potential borrowers’ applications for credit. The Program Administrator will decline or refer out to some other agency any applicant who clearly does not qualify under eligibility standards as set forth by the policy. The Program Administrator will recommend new credit, payment deferrals, release or substitution of collateral, waivers/amendments to loan covenants and exceptions to loan policy to the Loan Committee.
SECTION 10: LOAN APPROVAL
Regardless of the amount of the loan, all loans must be approved by the City Council.
SECTION 11: FUNDING AVAILABILITY
The business incentive loan program is funded on a fiscal year basis. The City of Eastvale’s fiscal year begins on July 1st and ends on June 30th of the following calendar year. Limited funds are available in each fiscal year when the program is funded.
SECTION 12: APPLICATION PERIOD
Submittal
Applications will be accepted on a continuous basis until the City Council decides to terminate the program.
6 Processing
Applications will be processed when funds are available. The City has no obligation to process applications if all available funding has been exhausted.
SECTION 13: RISK ASSESSMENT
All loans are subject to analysis to determine risk. Loans will be awarded only to projects, which demonstrate that the service provided is commensurate with the risks incurred. In return for the public funds provided, the businesses will generate increased investment, jobs, business activity, and thus increased tax revenues.
General Credit Criteria
The business loan applications will be analyzed for the following criteria, based on criteria specified by the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, and by the Small Business Administration:
1) Ability to repay in case of default or termination of business. 2) Balance Sheet Analysis
Balance sheet must be sound before the loan is made.
3) Historical earnings and cash flow records, from verifiable sources as determined by the loan committee, to ensure sufficient repayment of all requested credit, and to provide the owner(s) with a reasonable level of personal income to satisfy personal obligations. Typically, a borrower will have been profitable during the most recently completed year and will maintain a cash flow coverage ratio of 1:1 (defined as earnings before debt service, interest and taxes divided by debt service), with sufficient collateral. The ratio would be 2:1 without collateral. If partial collateral is pledged, the ratio may be prorated downward.
4) Collateral
Collateral, when available in any form, may be requested by the Loan Committee. Collateral will be pledged commensurate with the amount of requested credit, as well as a security interest in newly purchased assets, or those purchased with loan funds. If the project cannot repay the loan from cash flow, the City will collect payment by liquidating the asset and satisfying the specific lien securing the property. A letter of credit or bond may be accepted in lieu of collateral.
7 5) Commitment
Personal and corporate guarantees may be required. The borrower should sign personally for the loan.
6) Management Experience
The management team must have experience in all areas of running the business: sales, finance, operations, personnel, etc. The management team includes the principals, directors, senior management, and consultants.
The management team should have direct experience in these areas or have comparable business skills which can be transferred.
7) Business Plan
The business plan will help identify worthy ventures. The monthly cash flow statement for the first year is especially important.
8) Character
The owners and management should have favorable credit histories, a reputation for treating customers fairly, no bankruptcy in the past five years, and a clean criminal record. Good character will be determined by credit reports, payment history with verified vendors, personal interview, or other means as determined.
All of the above criteria are important, and the absence of any one item may be sufficient to deny a loan request.
Undesirable Credit Applications/Borrowers/Guarantors
Using the guidelines for the Small Business Administration and the Department of Housing and Urban Development, the following are undesirable without mitigating circumstances acceptable to the Loan Committee:
1) Applications for funding that would substantially reduce the amount of nonFederal support for the activity available in other recognized, reasonable loan programs available in the target areas;
2) Requests for credit to repay existing creditors
3) Funds used to repay debt to applicant owner(s), partners, and stockholders
8 4) Requests for funding from new start-up businesses not associated with a franchise chain or not adding an additional business location 5) Requests for funding for businesses which do not meet the criteria specified in Section VIII A through C.
6) Non-profit organizations, as designated by Charter/Bylaws, unless designated as approved Community Based Development Organizations (CBDO)
7) Lack of profitable operations, as demonstrated by sources acceptable to Loan Committee
8) Loans to restricted membership or discriminatory groups/organizations. 9) Loans to uses with complete access restrictions based on age. 10)Lack of sufficient equity/highly leveraged situations as determined by Loan Committee.
11)Personal or business bankruptcy, or prior business failure without sufficient, documented information to mitigate, as determined by Loan Committee; 12)Poor personal or business credit as evidenced by many derogatory items including public record items, tax liens, judgments, or excessive existing credit as determined by Loan Committee;
13)Undocumented aliens;
14)Felony convictions, dishonorable discharge or “Bad Conduct” discharge from military service (each situation will be independently evaluated); 15)Business active in any unlawful activity.
Exceptions to Loan Policy
If a project does not fall within the guidelines listed above, but is of such special character and will complement the area in which location is proposed, the City Manager or City Council (depending on loan amount) may consider the project for funding.
SECTION 14: PRICING AND TERMS
9 Considerations of loan product pricing extended to borrowers will be based on a rate equal to the average rate earned by the City’s investment in the California Local Agency Investment Fund (LAIF) or the current prime rate for the fiscal year prior to the issuance of the loan (LAIF’s Annual Returns: https://www.treasurer.ca.gov/pmialaif/historical/annual.asp), but in no event to exceed 10 per cent (10%) per annum.
Interest which accrues and is unpaid shall be added to principal on a monthly basis and thereafter bear interest as if it were part of principal. Principal and all accrued and unpaid interest shall be due and payable not later than the terms specified in the Note. Additional terms extended to borrowers will be based on the amount of risk involved.
SECTION 15: COLLATERAL
Collateral is a mandatory requirement, real property preferred but not required. Property such as equipment will be considered as collateral. It is intended that any available collateral from the borrower and/or guarantor(s) will be required, as well as a first lien position on any assets purchased with any loan funds. Junior liens on real property will be required at the discretion of the Loan Committee. However, it will be the policy that all collateral required for loan approval will be of material value. Caution will be used whenever taking a junior lien position on collateral where there is a substantial senior lien.
It will be a determination of the Loan Committee whether to waive a collateral position when available.
Titled motor vehicles, when taken as collateral, must show the City as mortgagee/lienholder on the certificate of title, and held in safekeeping by the Finance Director or designee.
In all cases, a UCC-1 and security agreement will be taken against all business assets.
SECTION 16: CESSATION OF BUSINESS
If Participant should cease business at the site, participant shall repay its obligations to City as provided in the Note which shall be executed when Agreement is signed. The term “cease business” shall mean when the site is no longer used as the principal place of business for Participant’s business. Participant shall give City written notice not less than thirty (30) days prior to cessation of business. If Participant should cease business at the site, Participant shall pay to the City, in cash, within fifteen (15) days of the Participant’s receipt of written notification from the City of the balance due on the Note. If the Participant moves the business to a new location within Eastvale the City may elect to not treat this relocation as a cessation of business.
10 SECTION 17: GUARANTORS
The City will generally follow the rules of the Small Business Administration as to qualification of guarantors:
A. Active Management with any ownership equity in borrower must guaranty B. Shareholders/owners of 20% or more equity in borrower must guaranty regardless of active involvement in management
Guarantees may be secured or unsecured as determined by the Loan Committee.
SECTION 18: PROBLEM CREDITS
While it is the intent of this policy to be sensitive to the borrower’s financial needs, and the intent to match any repayment schedule to the borrower’s ability to repay, it is inevitable that there will be delinquencies and defaults. It is the responsibility of the Program Administrator to monitor all loan payments, especially those that are in arrears.
It will be the stated policy that upon determination of a “problem credit” the City will pursue any and all remedies allowed by Regulation or Law in a professional, aggressive, and consistent manner until resolution is reached.
SECTION 19: ACTION OCCURENCES
The following occurrences will warrant action on the part of the Program Administrator and/or City Council.
A. Delinquent payment – whenever the terms of the Promissory Note are not being met in a timely manner (delinquent by more than 30 days); B. Violation of Loan Covenants – whenever the terms of the Loan Agreement are not being met in a timely fashion. The severity and immediacy of action is dependent on the type of breach; some covenants are more serious and lead to a default, while others less severe can sometimes be tolerated at the discretion of the Program Administrator.
C. Receipt of bankruptcy notice;
D. Filing of a “Notice of Default” by another lienholder on real property; E. Legal Service, such as Writs of Attachment, Tax Liens, Subpoenas
11 for records;
F. Death of debtor or guarantor;
G. Notice of significant legal action against borrower/guarantor; H. Returned mail from borrower’s address by Post Office; I. “Skip Trace” inquiry from another creditor.
SECTION 20: COLLECTION ACTION
It is important to be clear and specific about any breach of the Note, Loan Agreement, or any of the above-mentioned occurrences. The circumstances of a particular situation will often dictate the method to use in taking corrective action. Telephone contact with the borrower/guarantor is the most expedient and cost effective; however, some cases demand more formal notification such as “Demand Letters”, Legal Action, and Foreclosure. Personal site visits and conversations with the borrower are warranted at the discretion of the Program Administrator.
SECTION 21: NON-ACCURAL LOAN STATUS
Credits will be moved to a non-accrual status at the 90-day delinquency point unless otherwise directed by the City Council. At this point, many of the aforementioned “Action Steps” should have been started; a collection plan, if applicable, should be in process at this point. Rewriting the entire Note in an effort to provide relief to the borrower should be considered after a detailed analysis of the financial condition of the borrower and his/her prospects for timely payments in the future. In any case, the City Manager or the City Council must approve a re-structured Note, depending on the dollar value of the restructured Note.
SECTION 22: COLLATERAL APPRAISALS
Collateral taken as security for any type of credit should be appraised if it has any significant value. In most cases, real property will be the collateral that is most needed for a third-party appraisal (the City will accept “drive-by” and short-form appraisals). Since the City is not under the scrutiny of Federal and State Banking Regulators, there is more flexibility as to the extent of any appraisal and in which circumstances. It is the stated policy that some form of valuation be used to determine the equity of any collateral taken
12 by the City, remembering that the cost and time of obtaining such appraisals may have an adverse affect on the borrower considering the size of the credit involved. The Loan Committee shall use its discretion in all collateral matters, unless otherwise dictated by the City Council.
SECTION 23: FINANCIAL INFORMATION
It will be the policy of the City to require financial statements from each applicant in the form of a balance sheet and income statement for any and all fiscal year-ends since inception of the business (up to 3 years), and within the past 90 days of application date.
Current personal financial statements for each business owner and personal and business federal tax returns for the prior three years are required, including all supporting schedules and statements. The City will obtain the written permission of the applicant to verify any and all tax returns with the Internal Revenue Service for accuracy (IRS Form 4506). Month-to-month projections covering any interim period until year-end, plus one full fiscal year is required, including the assumptions that the projections were based upon.
Additional information will be requested at the discretion of the Program Administrator with direction from the Loan Committee and/or City Council.
All borrowers may be required in the Loan Agreement to provide financial information when requested by the Loan Committee and/or City Council:
A. Fiscal Year End balance sheet and income statement.
B. More frequent statements such as Accounts Receivable Agings, work in progress reports, or any other documents requested by the Loan Committee to assist the borrower in the monitoring of the credit.
C. Payroll reports showing employee status.
SECTION 24: FINANCIAL INQUIRIES
The City will not provide responses to inquiries regarding credit status of program participants. The financial information provided by applicants for the City will be kept confidential to the extent permitted by law.
SECTION 25: INSURANCE
All collateral taken as security for any credit must be insured appropriately as determined by the Loan Committee; evidence of that coverage must be provided showing the City as
13 “Additional Insured,” “Loss Payee,” or “Mortgagee,” whichever is appropriate for the collateral insured. The lapse of any insurance will create a default on the Loan Agreement, and must be remedied immediately by the borrower. If necessary, the City will obtain appropriate insurance to protect its collateral and debit the premium to the borrower.
Additionally, in the case where real estate collateral is taken, a Policy of Insurance Record Title (PIRT) of short form title policy will be required.
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City of Eastvale
Business Incentive Loan Policy
SECTION 1: INTRODUCTION
This written policy is intended as a guide in making credit decisions regarding applications for the Business Incentive Loan Program for the City of Eastvale (City). This policy is written to allow flexibility as credit needs change. It should be used as a tool to provide consistency for project selection. Projects will be considered for funding on a case-bycase basis, until available funding is exhausted. Only those projects falling within the scope of the guidelines will be considered for funding. Depending on the funding amount, sSuccessful applicants will be determined by the City Manager or City Council.
SECTION 2: PURPOSE
This policy provides financial assistance to support economic development and business retention and expansion goals. The goals are structured to promote Eastvale as a positive place for quality businesses, promote business expansion and attraction to enhance local economic growth, and ensure that government regulations promote a favorable business climate.
This loan program is not to be equated with a loan program available through banking or financial institutions. As a public lender, the source of funds is interested as much in the social benefits as return on investment, and preservation of capital. The return to Eastvale is multiple: increased investment in the business community, job creation, and enhanced business activity, and increased tax revenues and quality of life for our residents.
The purpose of the economic development assistance is to:
1. Reduce Eastvale’s sales tax leakage.
2. Create jobs within the community.
3. Create opportunities for business expansion for existing Eastvale businesses.
4. Create opportunities for recruiting new businesses.
5. Encourage additional foot traffic and social activity within a business location.
6. Diversify the City’s sales tax base.
SECTION 3: PROHIBITION AGAINST CHANGE IN OWNERSHIP, MANAGEMENT
AND CONTROL OF PARTICIPANT
4923-8463-6862 v1 2
The qualifications and identity of Participant in this program are of particular concern to City. It is because of those qualifications and identity that City will enter into an Agreement with Participant. No voluntary or involuntary successor in interest of Participant shall acquire any rights or powers under this program except as expressly set forth within executed documents under this program. A change in ownership, management, and control shall be subject to the approval of City, but such approval shall not be unreasonably withheld.
Participant shall not assign all or any part of any Agreements or Notes under this program without the prior written approval of City, which approval shall not be unreasonably withheld.
SECTION 4: LOAN FORGIVENESS
Participants in this program will be required to remain in operation for a specified amount of time, as outlined in Section V below and as provided in the Participant’s loan Agreement. In meeting this requirement and compliance with the program,The funds loaned will be forgiven at the end of that period as provided in the loan Agreement. A sample loan Agreement is attached to this policy. The terms of a loan Agreement are subject to change as determined by the City and may deviate from the terms in the sample loan Agreement attached hereto.
SECTION 5: PARTICIPATION PERIOD REQUIRED
The required period of time for program compliance and fund forgiveness/repayment is contingent upon the amount loaned. The following schedule applies:
Amount of Loan Forgiveness/Operating Period
Up to $100,000 7 years
SECTION 6: ELIGIBLE BUSINESSES
Given limited funding availability and strong community desire for more variety of options for dine-in restaurants in the City, at this point in time only restaurants are eligible for a loan through the program.
Eligibility Criteria:
1) The restaurant must be a high-end / upscale restaurant or premium casual restaurant providing high-quality food. Examples include, but are not limited to, Fleming’s Prime
4923-8463-6862 v1 3
Steakhouse, McCormick and Schmick’s, The Water Grill, Jinya Ramen Bar, Georgia’s Restaurant, and Bushfire Kitchen. These businesses must include sit-down services and serve customers with cloth napkins and metal utensils. City shall determine, in its sole discretion, whether a business qualifies as a high-end / upscale restaurant or premium casual restaurant.
2a) The restaurant is new to the City; OR
2b) The restaurant is an existing restaurant in the City and is expanding its square footage by 50% or more, at least half of the expansion area is “front of house” to increase the capacity for dine-in customers, and the restaurant will be adding one or more of the following to its offerings:
• Adding a full service bar or a specialty cocktail program; • Adding a patio or outdoor covered seating area for the exclusive use of the restaurant’s patrons (communal outdoor spaces are ineligible); • Adding a space for the performance of live music (not a DJ); • Upgrading from counter service (ordering food at counter, food delivered to table or picked up at counter) to full sit-down service (tableside ordering and delivery of food through waitstaff).
3) The restaurant submits its a complete application, including the application form and all required documentation in support of its application listed in Section 8, within 90 days of the date of opening / re-opening of the restaurant.
4) The applicant shall not be listed as an excluded individual or have any affiliation with an excluded entity identified in the federal System for Award Management (SAM) database.
SECTION 7: ELIGIBLE ACTIVITIES
Within these categories funding can be used for the following types of activities:
• Purchase of business equipment, furniture, and fixtures • Working capital
Interior and/or exterior leasehold improvements and construction/renovation activities are ineligible expenses. Potential applicants are hereby advised that usingThe applicant loan funds for construction/renovation work could trigger the need to pay “prevailing wages” for such work as well as other Labor Code requirements applicable to public works projects (Labor Code Section 1720 et seq.), and that if so triggered the borrower shall
4923-8463-6862 v1 4
comply with all applicable Labor Code requirements, including but not limited to paying prevailing wages. is responsible for determining whether their use of the loan funds requires the payment of prevailing wages. If loan funds are utilized in violation of this policy and the loan agreement for work that triggers prevailing wage or other Labor Code requirements, the City shall bear no liability with respect to such use of loan funds.s must be paid, the applicant must fulfill all applicable prevailing wage requirements.
SECTION 8: APPLICATION, REQUIRED DOCUMENTS AND RATING
Prior to applying, applicants are encouraged to contact the City’s Economic Development ManagerDeputy City Manager at [email protected] to discuss interest in applying to the Loan Program. All 16 of the following documentation must be submitted electronically to [email protected].
1. Application Cover Sheet
2. IRS Tax Return Verification Form (IRS Form 2)
3. Detailed proposal of use of requested funds
4. List of available collateral, including any to be purchased with loan proceeds
5. Month-to-month projections covering any interim period until year end plus one full fiscal year including the assumptions that the projects were based upon
6. Resume/CV for all business owners/managers
7. Current personal financial statement for each business owner
8. Business data and history
9. Complete Business Plan
10.Fictitious Name Statement (filing and proof of publication)
11.Articles of Incorporation OR Partnership Agreement, Limited Liability Company Article of Organization
12.Fiscal year end business financial statements for prior three years (if available)
13.Interim business financial statement within 60 days of application date
14.Business federal tax returns for the prior three years to include all supporting schedules and statements (if available)
15.Copy of current/proposed lease on business premises, or proof of property ownership of the business premises, including accessor’s parcel number
16.Personal federal tax returns for the prior three years to include all supporting schedules and statements, for each business owner
Given the limited amount of funding available annually, loan proposals submitted by applicants will be reviewed and graded. Eligible applicants’ loan proposals will be evaluated using the following rating system:
4923-8463-6862 v1 5
1. Reduce sales leakage in Eastvale and generate increased sales tax for the City.
2. Encourage additional foot traffic and social activity within the proposed business location.
3. The risk determination analysis (see Section XIII).
4. Proposed use of the funds (responsible and appropriate) Category Points Available
Reducing sales tax leakage and
generate increased sales tax for the
City
25 Encourage additional foot traffic and
social activity within the proposed
business location
25 Risk determination analysis 25
Proposed use of funds 25
TOTAL 100
Funding decisions will be made based on the rating of the proposal and the availability of funding. The date of submission of a proposal as compared to other submissions is not a factor (e.g., funding is not “first-come, first-served”).
SECTION 9: ADMINISTRATION
Loan Committee
In order to ensure timely review of applications, a business incentive loan committee will be organized. The Committee will be comprised of the City Manager, Community Development Director, Economic Development ManagerDeputy City Manager, and Finance Director (Program Administrator). The Committee will meet as needed to review the applications and recommend approval or denial based upon the rating system in section VIII of this policy. The Committee will also review and recommend approval or denial of requests from approved borrowers for payment deferrals, substitution or release of collateral, waiver or release of covenants, and amendments to loan documents.
Program Administrator
The Finance Director will serve as the Program Administrator. The Program Administrator will market, solicit, review, and process potential borrowers’ applications for credit. The Program Administrator will decline or refer out to some other agency any applicant who clearly does not qualify under eligibility standards as set forth by the policy. The Program Administrator will recommend new credit, payment deferrals, release or substitution of collateral, waivers/amendments to loan covenants and exceptions to loan policy to the Loan Committee.
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SECTION 10: LOAN APPROVAL
Regardless of the amount of the loan, all loans must be approved by the City Council.
SECTION 11: FUNDING AVAILABILITY
The business incentive loan program is funded on a fiscal year basis. The City of Eastvale’s fiscal year begins on July 1st and ends on June 30th of the following calendar year. Limited funds are available in each fiscal year when the program is funded.
SECTION 12: APPLICATION PERIOD
Submittal
Applications will be accepted on a continuous basis until the City Council decides to terminate the program.
Processing
Applications will be processed when funds are available. The City has no obligation to process applications if all available funding has been exhausted.
SECTION 13: RISK ASSESSMENT
All loans are subject to analysis to determine risk. Loans will be awarded only to projects, which demonstrate that the service provided is commensurate with the risks incurred. In return for the public funds provided, the businesses will generate increased investment, jobs, business activity, and thus increased tax revenues.
General Credit Criteria
The business loan applications will be analyzed for the following criteria, based on criteria specified by the U.S. Department of Housing and Urban Development, Office of Community Planning and Development, and by the Small Business Administration:
1) Ability to repay in case of default or termination of business. 2) Balance Sheet Analysis
Balance sheet must be sound before the loan is made.
3) Historical earnings and cash flow records, from verifiable sources as determined by the loan committee, to ensure sufficient repayment of all
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requested credit, and to provide the owner(s) with a reasonable level of personal income to satisfy personal obligations. Typically, a borrower will have been profitable during the most recently completed year and will maintain a cash flow coverage ratio of 1:1 (defined as earnings before debt service, interest and taxes divided by debt service), with sufficient collateral.
The ratio would be 2:1 without collateral. If partial collateral is pledged, the ratio may be prorated downward.
4) Collateral
Collateral, when available in any form, may be requested by the Loan Committee. Collateral will be pledged commensurate with the amount of requested credit, as well as a security interest in newly purchased assets, or those purchased with loan funds. If the project cannot repay the loan from cash flow, the City will collect payment by liquidating the asset and satisfying the specific lien securing the property. A letter of credit or bond may be accepted in lieu of collateral.
5) Commitment
Personal and corporate guarantees may be required. The borrower should sign personally for the loan.
6) Management Experience
The management team must have experience in all areas of running the business: sales, finance, operations, personnel, etc. The management team includes the principals, directors, senior management, and consultants.
The management team should have direct experience in these areas or have comparable business skills which can be transferred.
7) Business Plan
The business plan will help identify worthy ventures. The monthly cash flow statement for the first year is especially important.
8) Character
The owners and management should have favorable credit histories, a reputation for treating customers fairly, no bankruptcy in the past five years, and a clean criminal record. Good character will be determined by credit reports, payment history with verified vendors, personal interview, or other means as determined.
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All of the above criteria are important, and the absence of any one item may be sufficient to deny a loan request.
Undesirable Credit Applications/Borrowers/Guarantors
Using the guidelines for the Small Business Administration and the Department of Housing and Urban Development, the following are undesirable without mitigating circumstances acceptable to the Loan Committee:
1) Applications for funding that would substantially reduce the amount of nonFederal support for the activity available in other recognized, reasonable loan programs available in the target areas;
2) Requests for credit to repay existing creditors
3) Funds used to repay debt to applicant owner(s), partners, and stockholders 4) Requests for funding from new start-up businesses not associated with a franchise chain or not adding an additional business location 5) Requests for funding for businesses which do not meet the criteria specified in Section VIII A through C.
6) Non-profit organizations, as designated by Charter/Bylaws, unless designated as approved Community Based Development Organizations (CBDO)
7) Lack of profitable operations, as demonstrated by sources acceptable to Loan Committee
8) Loans to restricted membership or discriminatory groups/organizations. 9) Loans to uses with complete access restrictions based on age. 10)Lack of sufficient equity/highly leveraged situations as determined by Loan Committee.
11)Personal or business bankruptcy, or prior business failure without sufficient, documented information to mitigate, as determined by Loan Committee;
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12)Poor personal or business credit as evidenced by many derogatory items including public record items, tax liens, judgments, or excessive existing credit as determined by Loan Committee;
13)Undocumented aliens;
14)Felony convictions, dishonorable discharge or “Bad Conduct” discharge from military service (each situation will be independently evaluated); 15)Business active in any unlawful activity.
Exceptions to Loan Policy
If a project does not fall within the guidelines listed above, but is of such special character and will complement the area in which location is proposed, the City Manager or City Council (depending on loan amount) may consider the project for funding.
SECTION 14: PRICING AND TERMS
Considerations of loan product pricing extended to borrowers will be based on a rate equal to the average rate earned by the City’s investment in the California Local Agency Investment Fund (LAIF) or the current prime rate for the fiscal year prior to the issuance of the loan (LAIF’s Annual Returns: https://www.treasurer.ca.gov/pmialaif/historical/annual.asp https://www.treasurer.ca.gov/laif-investment/historical/annual ), but in no event to exceed 10 per cent (10%) per annum. Interest which accrues and is unpaid shall be added to principal on a monthly basis and thereafter bear interest as if it were part of principal. Principal and all accrued and unpaid interest shall be due and payable not later than the terms specified in the Note. Additional terms extended to borrowers will be based on the amount of risk involved.
SECTION 15: COLLATERAL
Collateral is a mandatory requirement, real property preferred but not required. Property such as equipment will be considered as collateral. It is intended that any available collateral from the borrower and/or guarantor(s) will be required, as well as a first lien position on any assets purchased with any loan funds. Junior liens on real property will be required at the discretion of the Loan Committee. However, it will be the policy that all collateral required for loan approval will be of material value. Caution will be used whenever taking a junior lien position on collateral where there is a substantial senior lien.
It will be a determination of the Loan Committee whether to waive a collateral position when available.
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Titled motor vehicles, when taken as collateral, must show the City as mortgagee/lienholder on the certificate of title, and held in safekeeping by the Finance Director or designee.
In all cases, a UCC-1 and security agreement will be taken against all business assets.
SECTION 16: CESSATION OF BUSINESS
If Participant should cease business at the site, participant shall repay its obligations to City as provided in the Note which shall be executed when Agreement is signed. The term “cease business” shall mean when the site is no longer used as the principal place of business for Participant’s business. Participant shall give City written notice not less than thirty (30) days prior to cessation of business. If Participant should cease business at the site, Participant shall pay to the City, in cash, within fifteen (15) days of the Participant’s receipt of written notification from the City of the balance due on the Note. If the Participant moves the business to a new location within Eastvale the City may elect to not treat this relocation as a cessation of business.
SECTION 17: GUARANTORS
The City will generally follow the rules of the Small Business Administration as to qualification of guarantors:
A. Active Management with any ownership equity in borrower must guaranty B. Shareholders/owners of 20% or more equity in borrower must guaranty regardless of active involvement in management
Guarantees may be secured or unsecured as determined by the Loan Committee.
SECTION 18: PROBLEM CREDITS
While it is the intent of this policy to be sensitive to the borrower’s financial needs, and the intent to match any repayment schedule to the borrower’s ability to repay, it is inevitable that there will be delinquencies and defaults. It is the responsibility of the Program Administrator to monitor all loan payments, especially those that are in arrears.
It will be the stated policy that upon determination of a “problem credit” the City will pursue any and all remedies allowed by Regulation or Law in a professional, aggressive, and consistent manner until resolution is reached.
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SECTION 19: ACTION OCCURENCES
The following occurrences will warrant action on the part of the Program Administrator and/or City Council.
A. Delinquent payment – whenever the terms of the Promissory Note are not being met in a timely manner (delinquent by more than 30 days); B. Violation of Loan Covenants – whenever the terms of the Loan Agreement are not being met in a timely fashion. The severity and immediacy of action is dependent on the type of breach; some covenants are more serious and lead to a default, while others less severe can sometimes be tolerated at the discretion of the Program Administrator.
C. Receipt of bankruptcy notice;
D. Filing of a “Notice of Default” by another lienholder on real property; E. Legal Service, such as Writs of Attachment, Tax Liens, Subpoenas for records;
F. Death of debtor or guarantor;
G. Notice of significant legal action against borrower/guarantor; H. Returned mail from borrower’s address by Post Office; I. “Skip Trace” inquiry from another creditor.
SECTION 20: COLLECTION ACTION
It is important to be clear and specific about any breach of the Note, Loan Agreement, or any of the above-mentioned occurrences. The circumstances of a particular situation will often dictate the method to use in taking corrective action. Telephone contact with the borrower/guarantor is the most expedient and cost effective; however, some cases demand more formal notification such as “Demand Letters”, Legal Action, and Foreclosure. Personal site visits and conversations with the borrower are warranted at the discretion of the Program Administrator.
SECTION 21: NON-ACCURUAL LOAN STATUS
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Credits A loan will be moved to a non-accrual status at the 90-day delinquency point unless otherwise directed by the City Council. At this point, many of the aforementioned “Action Steps” should have been started; a collection plan, if applicable, should be in process at this point. Rewriting the entire Note in an effort to provide relief to the borrower should be considered after a detailed analysis of the financial condition of the borrower and his/her prospects for timely payments in the future. In any case, the City Manager or the City Council must approve a re-structured Note, depending on the dollar value of the re-structured Note.
SECTION 22: COLLATERAL APPRAISALS
Collateral taken as security for any type of credit should be appraised if it has any significant value. In most cases, real property will be the collateral that is most needed for a third-party appraisal (the City will accept “drive-by” and short-form appraisals). Since the City is not under the scrutiny of Federal and State Banking Regulators, there is more flexibility as to the extent of any appraisal and in which circumstances. It is the stated policy that some form of valuation be used to determine the equity of any collateral taken by the City, remembering that the cost and time of obtaining such appraisals may have an adverse affect on the borrower considering the size of the credit involved. The Loan Committee shall use its discretion in all collateral matters, unless otherwise dictated by the City Council.
SECTION 23: FINANCIAL INFORMATION
It will be the policy of the City to require financial statements from each applicant in the form of a balance sheet and income statement for any and all fiscal year-ends since inception of the business (up to 3 years), and within the past 90 days of application date.
Current personal financial statements for each business owner and personal and business federal tax returns for the prior three years are required, including all supporting schedules and statements. The City will obtain the written permission of the applicant to verify any and all tax returns with the Internal Revenue Service for accuracy (IRS Form 4506). Month-to-month projections covering any interim period until year-end, plus one full fiscal year is required, including the assumptions that the projections were based upon.
Additional information will be requested at the discretion of the Program Administrator with direction from the Loan Committee and/or City Council.
All borrowers may be required in the Loan Agreement to provide financial information when requested by the Loan Committee and/or City Council:
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A. Fiscal Year End balance sheet and income statement.
B. More frequent statements such as Accounts Receivable Agings reports, work in progress reports, or any other documents requested by the Loan Committee to assist the borrower in the monitoring of the credit.
C. Payroll reports showing employee status.
SECTION 24: FINANCIAL INQUIRIES
The City will not provide responses to inquiries regarding credit status of program participants. The financial information provided by applicants for the City will be kept confidential to the extent permitted by law.
SECTION 25: INSURANCE
All collateral taken as security for any credit must be insured appropriately as determined by the Loan Committee; evidence of that coverage must be provided showing the City as “Additional Insured,” “Loss Payee,” or “Mortgagee,” whichever is appropriate for the collateral insured. The lapse of any insurance will create a default on the Loan Agreement, and must be remedied immediately by the borrower. If necessary, the City will obtain appropriate insurance to protect its collateral and debit the premium to the borrower.
Additionally, in the case where real estate collateral is taken, a Policy of Insurance Record Title (PIRT) of short form title policy will be required.
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ATTACHMENT 1: SAMPLE LOAN AGREEMENT
BUSINESS INCENTIVE LOAN AGREEMENT
(General Fund)
This BUSINESS INCENTIVE LOAN AGREEMENT is entered into on this __ day of___________, 202_ by and between THE CITY OF EASTVALE (the "City") and BUSINESS NAME (referred to herein as “Participant"). City and Participant agree as follows:
1. SUBJECT OF AGREEMENT
1.1 Purpose of the Agreement
City has established a Business Incentive Loan Program to provide financial assistance in the form of a forgivable loan to qualifying businesses to promote business expansion and attraction in the City. The purpose of this Agreement is to provide Participant with a forgivable loan under the Business Incentive Loan Program and consistent with the City’s adopted Business Incentive Loan Policy.
1.2 The Site
The "Site" is the real property at ADDRESS, in which Participant is located and operates its business.
1.3 Parties to the Agreement
1.3.1 City
City is a municipal corporation organized and existing under the laws of the State of California. The principal office of City is located at 12363 Limonite Avenue, Suite 910, Eastvale, CA 91752.
1.3.2 Participant
Participant is a TYPE OF COMPANY, with a principal place of business located at ADDRESS.
1.4 Prohibition Against Change in Ownership Management and Control of Participant
The qualifications and identity of Participant and Participant’s business are of particular concern to City. It is because of those qualifications and identity that City has
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entered into this Agreement with Participant. No voluntary or involuntary successor in interest of Participant shall acquire any rights or powers under this Agreement except as expressly set forth herein. Any change in ownership, management and control shall be subject to the approval of the City, but such approval shall not be unreasonably withheld.
Participant shall not assign all or any part of this Agreement without the prior written approval of the City, which written approval shall not be unreasonably withheld.
1.5 Term
The term of this Agreement is seven years from the date it is fully executed by the Parties (“Term”).
2. FORGIVABLE LOAN
2.1 Forgivable Loan to Participant
City shall loan to Participant the sum of WRITTEN DOLLAR AMOUNT (NUMERICAL DOLLAR AMOUNT) (the "Forgivable Loan") which shall be subject to the following terms related to its use, security, and repayment:
2.1.1. The Forgivable Loan shall be evidenced by a promissory note (the “Promissory Note”) in substantially the form attached hereto as Attachment No. 1 and incorporated herein by reference. The Forgivable Loan shall also be secured by the written personal guarantee of APPLICANT/BUSINESS OWNER(S) (herein referred to as the “Personal Guarantee”) in substantially the form attached hereto as Attachment No. 2 and incorporated herein by reference, and the grant of security interest in specified collateral in substantially the form attached hereto as Attachment No. 3 and incorporated herein by reference. The City Manager is authorized to disburse such funds upon (1) Participant's delivery of the Promissory Note executed by Participant's authorized representative(s); (2) Delivery to the City of signed personal guarantee; and (3) Participant’s delivery to City of a UCC-1 financing statement for all business equipment and inventory at the Site securing the Promissory Note executed by Participant.
2.1.2. The Forgivable Loan shall only be used for the Eligible Activities as described Section 3. Participant shall maintain such records as are necessary and convenient for City to verify that the use of the Forgivable Loan is in accordance with this section 2.1.2 and section 3.
2.1.3 Interest shall accrue on the principal balance of the Forgivable Loan at the rate provided for in the Promissory Note.
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2.1.4 The principal balance of the Forgivable Loan, and all interest accrued thereon, shall be forgiven in its entirety at the end of the Term provided that Participant is not in default of this Agreement or has been provided notice of breach of this Agreement by City and said breach is uncured, as provided in Section 5 of this Agreement.
2.2 Participant Payments to City
If Participant should cease business at the Site, Participant shall repay, in cash, the balance due on the Promissory Note, in that amount as set forth in the Promissory Note, within fifteen (15) days following Participant's receipt of written notification from the City to repay the balance due on the Promissory Note. The term "cease business" shall mean when the Site is no longer used as the principal place of business for Participant's restaurant business or the Site is vacant for two (2) weeks or Participant is not operating the business at its previously established hours. Participant shall give City written notice not less than thirty (30) days prior to cessation of business. “Cease business” shall not include any reduction in operating hours or dine-in or take-out services made by Participant to comply with federal, state or local public health orders.
2.3 Financial Reporting
During the Term, upon request by the City Participant shall submit to the City a fiscal year-end balance sheet, and income statement, and payroll reports showing employee status. City may request any other financial information from Participant during the Term, as deemed appropriate by City, to monitor Participant’s credit and ability to repay the Forgivable Loan.
3. ELIGIBLE ACTIVITIES
3.1 Eligible Activities Defined
In accordance with the City’s Business Incentive Loan Policy, the loan proceeds may be used for purchases of business equipment, furniture, and fixtures, and working capital (collectively, “Eligible Activities.”). Interior and exterior leasehold improvements and construction or renovation activities are not Eligible Activities.
3.2 Costs of Construction, Prevailing Wage and Indemnification Participant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage
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rates and the performance of other requirements on “public works” and “maintenance” projects. If Participant utilizes Forgivable Loan proceeds for a “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more Participant agrees to fully comply with such Prevailing Wage Laws.
City shall provide Participant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Participant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the work available to interested parties upon request, and shall post copies at the Participant’s principal place of business and at the project site. Participant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
Participant shall indemnify, defend and hold harmless the City of Eastvale, and its respective directors, officers, officials, employees, volunteers and agents (collectively the “Indemnified Parties”) from any claims, actions, damages, penalties, costs, expenses, liability, loss, injury or other liabilities of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Participant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the work or Participant’s activities or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney’s fees and other related costs and expenses.
3.3 Bodily Injury and Property Damage Insurance.
Participant shall obtain and maintain such liability insurance as the City may require which shall protect Participant and City from claims for such damages. The insurance required by this Agreement shall include a commercial general liability policy with policy limits of not less than Two Million Dollars ($2,000,000.00) combined single limit, including contractual liability. Such insurance shall be maintained until the repayment by Participant of City's Forgivable Loan or total forgiveness of the Forgivable Loan, as more particularly set forth in the Promissory Note (defined herein). City may terminate this Agreement and demand payment of all amounts outstanding due under the Promissory Note (defined herein) if the above insurance is not maintained.
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Participant shall furnish an original certificate of insurance countersigned by an authorized agent of the insurance carrier on a form of the insurance carrier setting forth the general provisions of the insurance coverage. This countersigned certificate for the liability policies named above shall name the Indemnified Parties as additional insureds under the policy. The certificate by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City by certified mail of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination.
Coverage provided hereunder by Participant shall be primary insurance and not contributing with any insurance maintained by City or the CDC, and the policy shall contain such an endorsement. The insurance policy or the certificate of insurance shall contain a waiver of subrogation for the benefit of City and CDC. The required certificate shall be furnished by Participant within ten (10) days following City’s execution of this Agreement.
3.4 City and Other Governmental City Permits.
Before commencement of construction or development of any buildings, structures or other work of improvement upon the Site, Participant shall secure or cause to be secured any and all permits which may be required by City or any other governmental agency affected by such construction, development or work. City shall provide all proper assistance to Participant in securing these permits, including but not limited to coordination with all on-site and off-site building plans submitted to any public entity or public utility by Participant.
3.5 Non-discrimination
Participant and any contractor or sub-contractor of Participant must not discriminate against any person or deny benefits on the basis of race, color, religion, ethnic or national origin, sex, or on the basis of age or with respect to an otherwise qualified handicap or status.
4. USE OF THE SITE
4.1 Permitted Uses
The Site shall be used and operated by Participant only for restaurant related operations, and related uses and Participant shall not cease business as described in Section 2.2 herein.
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4.2 Maintenance of the Site
Participant shall maintain the improvements on the Site and shall keep the Site free from any accumulation of debris or waste materials and shall remove any graffiti within 24 hours.
5. DEFAULTS, REMEDIES AND TERMINATION
Subject to the extension of time set forth in Section 6.3, failure or delay by either party to perform or comply with any term or provision of this Agreement constitutes a breach of this Agreement. The injured party shall give written notice of breach to the party in breach, specifying the breach complained of by the injured party. Delay in giving such notice shall not constitute a waiver of any breach. The party in breach shall cure the breach within thirty (30) days of the date of the written notice unless the parties agree to a longer period of time in writing. If the party in breach does not cure the breach within thirty (30) days or such other stipulated time period the parties agree to, the party in breach shall be in default of this Agreement.
In addition to any other rights or remedies, either party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior Court of the County of Riverside, State of California, or in any other appropriate court in that county, or in the United States District Court in the Central District of California.
6. GENERAL PROVISIONS
6.1 Notices, Demands and Communications Between the Parties Formal notices, demands and communications between the City and the Participant shall be sufficiently given if in writing and personally delivered or sent by overnight courier (e.g. Federal Express), or by registered or certified mail, postage prepaid, return receipt requested, to the principal offices of the City and the Participant, as designated in Section 1.3. Such written notices, demands and communications may be sent in the same manner to such other addressees as either party may from time to time designate by mail as provided in this Section.
Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the fifth day from the date it is postmarked if delivered by registered or certified mail.
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6.2 Non-liability of City Officials and Employees
No member, official or employee of City shall be personally liable to Participant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Participant or successor or on any obligations under the terms of this Agreement.
6.3 Enforced Delay: Extension of Times of Performance
In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrections; strikes; lock-outs; riots, floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; pandemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation (including unlawful detainer actions and condemnation actions); unusually severe weather; inability to secure necessary labor, materials and tools; delays of any contractor, subcontractor or supplier; acts of the other party; acts or failure to act of the City or any other public or governmental entity (other than that acts or failure to act of City shall not excuse performance by City) or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. An extension of time for any such cause shall be for the period of the enforced delay and shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by City and Participant.
6.4 Approvals
Approvals required of City or Participant under this Agreement shall be in writing and shall not be unreasonably withheld or delayed.
7. ENTIRE AGREEMENT, WAIVERS AND AMENDMENTS
This Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Agreement, including the Attachments thereto, constitutes the entire understanding and agreement of the parties. The parties acknowledge and agree that at all times they have intended that none of the preliminary negotiations concerning this transaction would be binding on either party, and that they would be bound to each other only by a single formal comprehensive document containing this paragraph and all of the agreements of the parties, in final form, which has been executed and delivered by City and Participant. The parties acknowledge that none of the prior oral agreements between them (and none of the representations on which either of them has relied) relating to the
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subject matter of this Agreement shall have any force or effect whatever, except as and to the extent that such agreements and representations have been incorporated in this Agreement. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of City or Participant, and all amendments hereto must be in writing and signed by the appropriate authorities of City and Participant.
8. TIME FOR ACCEPTANCE OF AGREEMENT BY CITY
This Agreement, when executed by Participant and delivered to the City, must be authorized, executed and delivered by City within thirty (30) days after date of signature by Participant or this Agreement shall be voidable, upon notice in writing from Participant. The date of this Agreement shall be the date when the Agreement shall have been signed by City.
IN WITNESS WHEREOF, City and Participant have executed this Agreement as of the dates set opposite their signatures.
CITY OF EASTVALE
___________________________
Mark Orme
City Manager
ATTEST:
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___________________________
Marc Donohue
City Clerk
APPROVED AS TO FORM
_______________________________
Erica Vega
City Attorney
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PARTICIPANT BUSINESS NAME
Date: _______________________ ___________________________________
OWNER NAME/TITLE
Date: _______________________ ___________________________________
OWNER NAME/TITLE
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[ADD/SUBTRACT SIGNATURE BLOCKS AS NEEDED]
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ATTACHMENT NO. 1
PROMISSORY NOTE
AMOUNT DATE
EASTVALE, California
1. For value received, BUSINESS NAME, ("MAKER”), promises to pay to CITY OF EASTVALE ("CITY"), or order, at EASTVALE, California, the principal sum of WRITTEN DOLLAR AMOUNT (NUMERICAL DOLLAR AMOUNT) with interest on the amounts of principal remaining from time to time unpaid, until said principal sum is paid, at the rate of WRITTEN PERCENTAGE (NUMERICAL PERCENTAGE). Interest which accrues and is unpaid shall be added to principal on a monthly basis and thereafter bear interest as if it were part of principal. Principal and all accrued and unpaid interest shall be due and payable in lawful money of the United States of America not later than seven (7) years following the date of this Note.
2. This Note is made pursuant to that Business Incentive Loan Agreement (the “Agreement”), between MAKER (as the “Participant” therein) and the CITY dated DATE, which Agreement is incorporated by reference and the terms of this Note shall be construed in accordance with the Agreement. Any default by Participant under the Agreement shall be deemed to be a default of this Note.
3. MAKER may prepay in whole, or from time to time, in part, and without any premium or penalty therefore, the principal amount then remaining unpaid together with any accrued unpaid interest on this Note. Any prepayment shall first be applied to accrued unpaid interest on this Note and the balance to principal.
4. Each payment shall be credited first, on the interest then due; and the remainder on the principal sum; and interest shall thereupon cease upon the amount so credited on said principal sum.
5. If Participant should cease business at the Site as such term is defined in the Agreement MAKER shall pay to the CITY, in cash, within fifteen (15) days of the MAKER's receipt of written notification from the CITY, the principal balance and interest due under this Note. Such payment shall fully discharge MAKER's obligation to CITY under this Note.
6. MAKER agrees to indemnify, defend and hold harmless CITY, its officers, officials, employees, agents, successors and assigns from and against any and all claims, demands, costs, liabilities and obligations of any kind or nature arising out of any default hereunder, including without limitation all costs of collection, including reasonable
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attorneys' fees and all costs of suit, in the event the unpaid principal sum of this Note and/or any interest thereon is not paid when due. Should suit be commenced to collect on this Note or any portion thereof, such sum as the Court may deem reasonable shall be added hereto as attorney's fees and costs of suit.
7. No delay or omission by CITY in exercising any rights under this Note shall operate as a waiver of such right or any other right under this Note or other agreements.
8. To the extent permitted by this Note and by operation of law, this Note shall be binding upon and inure to the benefit of the respective legal and personal representatives, successors, and assigns of MAKER and CITY.
9. This Note shall be governed by and construed according to California law and consistent with the provisions of the Agreement.
10. MAKER and the person executing this Note on behalf of MAKER hereby represent and warrant to CITY that: (a) MAKER is a duly organized and validly existing individual, partnership or corporation in good standing under the laws of the jurisdiction of its formation, is qualified to transact business in the State of California, and has the full power and authority to execute, deliver and perform its obligations under the this Note; (b) this Note constitutes the duly authorized, legally valid and binding obligation of MAKER, enforceable against MAKER in accordance with its terms; and neither the execution, delivery or performance of this Note by MAKER will breach any statute, law, ordinance, rule or regulation or conflict with or result in a breach of any of the terms, conditions or provisions of any judgment, order, injunction, decree or ruling of any court or governmental authority to which MAKER is subject or any agreement or instrument to which it is a party or by which it is bound, or constitute a default thereunder.
11. The payment and performance of this Note shall be secured by a (1) UCC-1 filing with the California Secretary of State under the California Uniform Commercial Code executed by MAKER, and (2) Personal Guarantee of NAME(S) OF OWNER(S), attached to the Agreement as
Executed at EASTVALE, California, as of the date first written above.
BUSINESS NAME
By: __________________________________________
NAME, TITLE
[INSERT ADDITIONAL SIGNATURE BLOCKS AS NEEDED]
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ATTACHMENT NO. 2
GUARANTY OF NOTE
1. RECITALS
1.1 CITY OF EASTVALE, hereinafter referred to as “PAYEE” and BUSINESS NAME, hereinafter referred to as “MAKER” are about to execute a document entitled “PROMISSORY NOTE” (“NOTE”), dated DATE, pursuant to that Business Incentive Loan Agreement dated DATE, between MAKER and PAYEE.
1.2 OWNER(S) NAME(S), hereinafter referred to, individually and collectively, as “Guarantor” has a financial interest in MAKER; and
1.3 PAYEE would not make the loan to MAKER if Guarantor did not execute and deliver to PAYEE this Guaranty.
2.0 GUARANTEE
2.1 For and in consideration of the loan by PAYEE and as a material inducement to PAYEE to make such LOAN, hereby jointly, severally, unconditionally and irrevocably guarantee the prompt payment by MAKER of all sums payable by MAKER under the NOTE and the faithfully and prompt performance by MAKER of each and every one of the terms, conditions and covenants of said NOTE to be kept and performed by MAKER.
2.2 The terms of the NOTE may be altered, affected, modified or changed by agreement between PAYEE and MAKER, or by a course of conduct, and said NOTE may be assigned by PAYEE or any assignee of PAYEE without consent or notice to Guarantor and this Guaranty shall thereupon and thereafter guarantee the performance of said NOTE as so changed, modified, altered or assigned.
2.3 This Guaranty shall not be released, modified or affected by failure or delay on the part of PAYEE to enforce any of the rights or remedies or the PAYEE under said NOTE, whether pursuant to the terms thereof or at law or in equity.
2.4 No notice of default need to be given to Guarantor, it being specifically agreed and understood that the guarantee of the undersigned is a continuing guarantee under which PAYEE may proceed forthwith and immediately
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against MAKER or against following any breach or default by MAKER or for the enforcement of any rights which PAYEE may have as against MAKER pursuant to or under the terms of the within NOTE or at law or in equity.
2.5 PAYEE shall have the right to proceed against Guarantor hereunder following any breach or default by MAKER without first proceeding against MAKER and without previous notice or to demand upon neither MAKER or Guarantor.
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2.6 Guarantor hereby waives (a) notice of acceptance of this Guaranty, (b) demand of payment, presentation and protest, (c) all right to assert or plead any statute of limitations as to or relating to the Guaranty and the NOTE, (d) any right to require the PAYEE to proceed against the MAKER or any other Guarantor or any other person or entity liable to PAYEE, (e) any right to require PAYEE to apply to any default any security deposit or other security it may hold under the NOTE, (f) any right to require PAYEE to proceed under any other remedy PAYEE may have before proceeding against Guarantor, (g) any right or subrogation.
2.7 Guarantor does hereby subrogate all existing or future indebtedness of MAKER to Guarantor to the obligations owed to PAYEE under the NOTE and this Guaranty.
2.8 Any married person who signs this Guaranty expressly agrees that recourse may be held against his or her separate property for all of his or her obligations hereunder.
2.9 The obligations of MAKER under the NOTE to execute and deliver estoppel statements and financial statements, as therein provided, shall be deemed to also require the Guarantor hereunder to do and provide the same relative to Guarantor.
2.10 The terms “PAYEE” whenever hereinabove used refers to and means the PAYEE in the foregoing NOTE specifically named and also any assignee of said PAYEE, whether by outright assignment or by assignment for security, and also any successor to the interest of said PAYEE or of any assignee in the NOTE or any part thereof, whether by assignment or otherwise.
2.11 The terms “MAKER” whenever hereinabove used refers to and means the MAKER and any successor to the interests of MAKER, whether by assignment, sale, or otherwise.
2.12 In the event any action be brought by said PAYEE against Guarantor hereunder to enforce the obligations hereinunder, the unsuccessful party in such action shall pay to the prevailing party therein a reasonable attorney’s fee which shall be fixed by the court.
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Executed this __day of______, _____, at EASTVALE, California. “GUARANTOR”
By: __________________________________________
NAME, TITLE
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“PAYEE”
CITY OF EASTVALE
NAME, City Manager
“MAKER”
BUSINESS NAME
By: __________________________________________
NAME, TITLE
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ATTACHMENT NO. 3
SECURITY AGREEMENT
This SECURITY AGREEMENT (“Security Agreement” or “Agreement”) dated as of ___________________, _______ is made by _______________________________, a (“Debtor”), in favor of the CITY OF EASTVALE, a California general law city (“Secured Party”).
RECITALS
WHEREAS, Secured Party and Debtor entered into that certain Business Incentive Loan Agreement dated ____________________, ____ (“Loan Agreement”), wherein Secured Party provided a loan to Debtor in the amount of $__________________ (“City Loan”) to be used for certain Eligible Activities; WHEREAS, the City Loan is evidenced by that certain Promissory Note dated _______________, ____, and executed by Debtor in favor of Secured Party (“Note”); and WHEREAS, it a condition precedent to the making of the City Loan by Secured Party under the Loan Agreement that Debtor shall enter into this Security Agreement and grant Secured Party the lien contemplated by this Security Agreement.
NOW, THEREFORE, based upon the foregoing Recitals and for good and valuable consideration, the receipt and sufficiency of which is acknowledged by Debtor, in order to induce Secured Party to provide the City Loan under the Loan Agreement, Debtor hereby agree as follows:
I. Background and Purpose
The parties acknowledge that Debtor has executed a promissory note payable to Secured Party in the original principal amount of $___________ (“Note”). The parties further acknowledge that to secure Debtor’s obligations under the Note, and Debtor’s obligations under this Security Agreement, Debtor has agreed to pledge, transfer, assign, and grant to Secured Party a security interest in, and right of set-off against, all of Debtor’s right, title and interest in and to the Collateral (defined in Section IV below) as more specifically set forth herein.
II. Grant of Security Interest
To secure Debtor’s Obligation (defined in Section III below), Debtor grants to Secured Party a security interest in the Collateral.
Debtor may retain possession of the Collateral until any default hereunder. If default shall occur in the payment of the debt secured hereby or any conditions of this Security Agreement, or if Secured Party feels insecure in his security, then the Secured Party may take immediate possession of the Collateral wherever found, with or without legal process, may require the Debtor to assemble the collateral and make it
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available to the Secured Party at a place reasonably convenient to both parties, and may exercise any rights and remedies granted Secured Parties by Article 9 of the Uniform Commercial Code upon default by a Debtor under a security agreement.
III. Obligations
For purposes of this Agreement, “Obligations” mean any and all debts, obligations, and liabilities of Debtor to Secured Party arising out of, or relating in any way to the Note, the Loan Agreement, and any obligations of Debtor to Secured Party pursuant to this Security Agreement, whether existing or arising after the date of this Security Agreement; whether voluntary or involuntary; whether jointly owned with others; whether direct or indirect; or whether absolute or contingent; and whether or not from time- to- time increased, decreased, extinguished, created, or incurred.
IV. Collateral
All inventory, including, without limitation, all goods held for sale or lease, finished goods, merchandise, parts, supplies, raw materials, and work-in-process of every kind and description, and all products thereof, whether now owned or acquired by Debtor after the date of this Agreement, or in which Debtor may now have or may after the date of this Agreement acquire an interest, including, without limitation, inventory temporarily out of Debtor’s custody or possession and any returns or repossessions on any sales or accounts;
All goods, including, without limitation, equipment, machinery, materials, furniture, furnishings, engines, appliances, fixtures, tools, parts, supplies, and vehicles of every kind and description, whether now owned or acquired by Debtor after the date of this Agreement or delivered to the real property of Debtor, or in which Debtor may now have or may after the date of this Agreement acquire an interest, and all additions, accessions, replacements, substitutions, and improvements to such goods and wherever located; In addition to the collateral described above, Debtor grants to Secured Party a security interest in any and all proceeds and products of the Collateral, in any and all additions and accessions to, replacements of, insurance or condemnation proceeds of, and documents covering the Collateral, in all property received, in whole or in part, in trade or exchange for the Collateral, in any and all leases of the Collateral, in all rents, revenues, issues, profits, and proceeds arising from sale, lease, license, encumbrance, collection, or any other temporary or permanent disposition of the Collateral, or in any interest on the Collateral.
All proceeds and products of any of the personal property described above, in any form, including, without limitation, proceeds of any insurance relating to such collateral or fire and builder’s risk insurance and unrenowned insurance premiums; proceeds consisting of any of the above types of collateral; all awards made in eminent domain proceedings or purchased in lieu of such eminent domain proceedings; proceeds of any noncommercial tort cause of action in existence, now or after the date of this Security Agreement; and all replacements, substitutions, renewals, returns, additions, accessions, rents, royalties, issues, documents of ownership, and receipts for any of the foregoing.
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Debtor grants to Secured Party a security interest in all the Collateral described above, wherever it may be located. Secured Party understands that the current location of the Collateral described above is [INSERT ADDRESS]. Debtor shall permit Secured Party, its employees and agents, at any time and from time to time, during business hours, to inspect the Collateral and any records pertaining thereto, and to make copies thereof and, upon request, if reasonable required under the circumstances, to deliver to Secured Party originals of such records and any instruments relating thereto.
V. Representations and Warranties
As a material inducement to Secured Party under this Security Agreement, Debtor represents and warrants that the following are and shall remain true and correct:
i. Debtor is the owner of all right, title, and interest in the Collateral free and clear of all liens, encumbrances, and security interests, except the security interest created by this Agreement. ii. That the collateral is located at and will be kept at Debtor’s residence address above shown; if a motor vehicle not to remove the same from California without the written consent of Secured Party, and if other collateral not to remove the same from Debtor’s residence address above shown; to pay all taxes when due; and to procure such insurance as may legally be required by Secured Party and deliver the policy to Secured Party with a loss payable clause in favor of Secured party or a certificate thereof.
iii. All information that Debtor has provided to Secured Party concerning the Collateral is true and correct.
iv. No defenses, offsets, claims, or counterclaims exist against Debtor that may be asserted against Secured Party in any proceeding to enforce Secured Party’s rights in the Collateral. v. The execution, delivery, and performance of this Security Agreement by Debtor is not in violation of any applicable law or regulation or contractual obligation of Debtor. vi. The liens granted to Secured Party under this Agreement will constitute a first priority lien on the Collateral on the filing of a UCC-1 Financing Statement, and Debtor’s grant of such lien to Secured Party does not constitute a fraudulent conveyance under any applicable law. vii. Debtor is a [TYPE OF ENTITTY] duly organized, validly existing, and in good standing under the laws of the State of California.
viii. Debtor has been duly authorized to execute and deliver this Security Agreement, which is a valid and binding obligation of Debtor.
ix. Debtor will not sell or offer to sell or otherwise transfer or encumber the property without written consent of Secured Party; and will keep the collateral in good order and repair and will not waste or destroy the collateral.
x. At its option, Secured Party may discharge taxes, liens, or security interests or other encumbrances at any time levies are placed on the collateral, may pay for the insurance on the collateral, and may pay for the maintenance and preservation of the collateral. Debtor agrees to reimburse Secured Party on demand for any payment made, or any expense incurred by Secured Party, pursuant to the foregoing authorization. Until default, Debtor may have possession of the collateral and use it in
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any lawful manner not inconsistent with this Agreement and not inconsistent with any policy of insurance.
All of the Debtor’s representations and warranties contained in this Agreement shall survive its execution for a period of sixty (60) months.
VI. Covenants of Debtor
i. Protection of Security Interest; UCC-1 Financing Statement Contemporaneously with the execution of this Security Agreement, Debtor shall properly execute and deliver to Secured Party a California UCC-1 Financing Statements conforming in form and substance to the UCC-1 Financing Statements attached hereto as Exhibit A and incorporated herein by this reference, to enable Secured Party to perfect Secured Party’s security interest in the Collateral. Debtor agrees also to execute, file, and record such other statements, notices, and agreements, take such action and obtain such certificates and documents, in accordance with all applicable laws, statutes, and regulations as may be necessary or advisable to perfect, evidence, and continue Secured Party’s security interest in the Collateral.
ii. Transactions Involving Collateral
Debtor shall not, without the prior written consent of Secured Party, (a) sell, offer to sell, or otherwise transfer the Collateral except in the ordinary course of business, or (b) pledge, mortgage, encumber, or otherwise permit the Collateral to be subject to any lien, security interest, or charge, other than the security interest created by this Security Agreement.
iii. Compliance with Laws
Debtor shall comply with all applicable laws, statutes, and regulations pertaining to the Collateral. iv. Taxes, Assessments, and Liens
Debtor shall pay when due all taxes, assessments, and liens with regard to the Collateral. Debtor may withhold any such payment or may elect to contest any lien if Debtor is conducting appropriate proceedings in good faith to contest the obligation to pay and so long as Secured Party’s interest is not jeopardized.
v. Notification of Change in Name
The Debtor shall notify the Secured Party in writing of a change in the Debtor’s name, identity, or corporate structure within five (5) days after the change. The Debtor shall also cooperate with the Secured Party to enable the Secured Party to file either a new UCC-1 Financing Statement or an amendment to the existing UCC-1 Financing Statement to reflect the change and to continue the Secured Party’s security interest in the Collateral.
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VII. Authorized Action by Secured Party
Debtor hereby irrevocably appoints Secured Party as Debtor’s attorney in fact with full authority in the place and stead of Debtor and in the name of Debtor or otherwise, from time to time in Secured Party’s discretion, to take any action and to execute any instrument which Secured Party may deem necessary or advisable to accomplish the purposes of this Security Agreement. Debtor further irrevocably appoints Secured Party to exercise such rights and powers as Debtor might exercise with respect to the Collateral following an Event of Default, as defined below. These powers shall include without limitation the right to:
i. obtain and adjust insurance proceeds required to be paid to Secured Party pursuant to this Security Agreement and the Note;
ii. ask, demand, collect, sue for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any item of the Collateral; iii. receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (i) or (ii) above;
iv. file any claims or take any action or institute any proceedings which Secured Party may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Collateral; and v. make any compromise or settlement and take any action Secured Party deems advisable with respect to the Collateral. Debtor agrees to reimburse Secured Party on demand for any costs and expenses, including without limitation attorney fees, which Secured Party may incur while acting as Debtor’s attorney in fact under this Agreement, all of which costs and expenses are included in the Obligations secured by this Agreement. Secured Party shall have no obligation to act pursuant to this paragraph and shall not be required to make any presentment, demand, or protest, or give any notice or take any action to preserve any rights against any other person in connection with the Collateral.
If Debtor fails to perform any agreement contained herein, Secured Party may, in its discretion, perform, or cause performance of, such agreement, and the expenses of Secured Party incurred in connection therewith shall be payable by Debtor together with interest at the late charge rate upon demand by Secured Party and such expenses and interest shall constitute Obligations and be secured by this Security Agreement.
The rights conferred on Secured Party hereunder are solely intended to protect Secured Party’s interest in Collateral and shall not imply any further obligations or impose any duty upon Secured Party to exercise any such rights. Except as required by law, Secured Party shall have no duty with respect to any item of Collateral, or to take any steps to preserve rights against prior parties or any other rights pertaining to any item of Collateral.
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VIII. Defaults and Remedies
i. Event of Default
Any of the following events or conditions shall constitute an Event of Default by Debtor under this Agreement:
(i) Default in payment of the Obligations in accordance with the terms of the Note; (ii) Default in the performance of any Obligations or breach of any agreement, representation, or warranty contained in this Agreement;
(iii) Any levy or proceeding against the Collateral or Debtor’s interest in the Collateral, except if Debtor is conducting appropriate proceedings in good faith to contest the levy or proceeding; (iv) The filing of a petition by or against Debtor under the provisions of the Bankruptcy Code; or (v) Death of Debtor and there is no surviving Co-Debtor; or ii. Remedies
In the event of the occurrence of an Event of Default, Secured Party shall have the following rights:
(i) Secured Party shall have the following rights and remedies (to the extent permitted by applicable law), in addition to other rights and remedies of a secured party under the Note and the UCC (whether or not the UCC applies to the affected Collateral), all such rights and remedies being cumulative, not exclusive and enforceable alternatively, successively or concurrently:
(ii) to enter upon any premises in which any of the Collateral may be located and, without interference from Debtor, take possession of the Collateral, and remove the Collateral; (iii) to require Debtor to assemble all or part of the Collateral and make it available to Secured Party at a time and place designated by Secured Party which is reasonably convenient to both parties; and (iv) to sell, lease, transfer, assign and deliver, grant options for, or otherwise dispose of any or all of the Collateral in its then condition or following any commercially reasonable preparation or processing, at public or private sale or proceeding or by other disposition, by one or more contracts or other method, in one or more parcels, at the same time or at different times, with or without having the Collateral at the place of sale or other disposition, and upon any terms, for such consideration (whether monetary or otherwise), at such place(s) and time(s) and to such persons or entities, which, in the sole and absolute discretion of Secured Party, may best dedicate and/or make use of the Collateral, all without demand for performance or any notice or advertisement whatsoever except where an applicable statute requires reasonable notice of sale or other disposition. (Debtor hereby agrees that the sending of ten (10) days’ prior notice by ordinary mail, postage prepaid, to any address of Debtor set forth in this Security Agreement
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of the time and place of any public sale or of the time after which any private sale or other intended disposition is to be made shall constitute reasonable notice.) (v) If any Collateral is sold by Secured Party upon credit or for future delivery, Secured Party shall not be liable for the failure of the purchaser to pay for same and, in such event, Secured Party may resell or otherwise dispose of such Collateral. Secured Party may buy any part or all of the Collateral at any public sale, and if any part of the Collateral is of a type customarily sold in a recognized market or is of the type which is the subject of widely distributed standard price quotations, Secured Party may buy at a private sale and may make payment therefor by any means. (vi) Secured Party shall not be obligated to make any sale of the Collateral regardless of notice of sale having been given. Secured Party may adjourn any public or private sale or other disposition of the Collateral from time to time by announcement at the time and place fixed therefor, and such sale or other disposition may without further notice, be made at the time and place to which it was so adjourned. (vii) Secured Party may apply all cash proceeds received, if any, from any sale or other disposition of the Collateral first to the reasonable expenses of retaking, holding, preparing for sale, selling, leasing and the like, to court costs and reasonable attorneys’ fees, and all legal, travel and other expenses incurred by Secured Party in attempting to enforce and/or collect the Obligations or in the prosecution or defense of any action or proceeding related to the subject matter of this Security Agreement and then to the Obligations, and Debtor shall remain liable and pay Secured Party on demand any deficiency remaining, together with interest thereon at the late charge rate. Any excess of cash or cash proceeds from a sale or other disposition of the Collateral held by Secured Party and remaining after payment in full of all the Obligations and all such costs and expenses, if any, shall be paid over to Debtor subject to any duty of Secured Party imposed by law to the holder of any subordinate lien in the Collateral as may be known to Secured Party.
If any of Debtor’s personal items are in the Vehicle when Secured Party takes possession, Secured Party shall store such items for Debtor at Debtor’s own expense, and for the period of time required by California law. If Debtor does not request these items back within that time, Secured Party may dispose of them as permitted by law.
iii. Remedies Cumulative
All of Secured Party’s rights and remedies, whether evidenced by this Agreement or by any other writing, shall be cumulative and may be exercised singularly or concurrently. Election by Secured Party to pursue any remedy shall not exclude pursuit of any other remedy.
IX. Waiver of Hearing
Debtor expressly waives any constitutional or other right to a judicial hearing prior to the time Secured Party takes possession or disposes of the Collateral on an Event of Default as provided in Section VIII. above.
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X. Waiver
Secured Party shall not be deemed to have waived any rights under this Agreement unless such waiver is in writing and signed by Secured Party. No delay or omission on the part of Secured Party in exercising any right shall operate as a waiver of such right or any other right.
XI. Additional Documentation; Cooperation
Each party shall, on the request of the other, execute, acknowledge, and deliver to the other any instrument that may be required to accomplish the intent of this Agreement. Each party agrees to cooperate to effectuate the intent of this Agreement and shall take all appropriate action necessary or useful in doing so.
XII. Secured Party Implementation of this Security Agreement Secured Party’s City Manager, or designee, are authorized to take such actions as may be necessary or appropriate to implement the terms, provisions, and conditions of this Security Agreement, as it may be amended from time to time by both parties.
Except as otherwise expressly provided in this Security Agreement, approvals required of the Secured Party shall be deemed granted by the written approval of the Secured Party’s City Manager, or designee(s).
Notwithstanding the foregoing, the City Manager may, in his or her sole discretion, refer to the City Council of the Secured Party any item requiring Secured Party approval; otherwise, “Secured Party approval” means and refers to approval by the City Manager or designee.
XIII. Miscellaneous
i. Governing Law
The rights and obligations of the parties and the interpretation and performance of this Agreement shall be governed by the law of the State of California, excluding its conflict of laws rules. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the Superior Courts of Riverside City, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction. ii. Successors and Assigns
Subject to the provisions otherwise contained in this Agreement, this Agreement shall inure to the benefit of and be binding on the successors and assigns of the respective parties. None of the rights or obligations of Debtor hereunder may be assigned, hypothecated or otherwise transferred without the prior written consent of Secured Party. Secured Party may, in its sole and absolute discretion, assign all or any part of this Security Agreement and the Obligations to any entity, without obtaining the consent of Debtor, in which event, upon notice by Secured Party to Debtor, the assignee shall have, to the extent of such assignment (unless provided otherwise therein), the same rights and benefits with respect to the