Planning Commission

MINUTES

# CITY OF EASTVALE

Planning Commission Special Meeting Monday, April 25, 2022 Special Meeting: 6:00 P.M.

Eastvale City Council Chambers 12363 Limonite Avenue, Suite 900 Eastvale, CA 91752

## 1\. CALL TO ORDER

The special meeting of the Eastvale Planning Commission was called to order at 6:00 p.m. by Chair Laney.

## 2\. ROLL CALL

Present: Commissioners Hove, Lee, Rochelle, Vice-Chair Mensen, and Chair Laney.

Absent:

City Staff

Present: Community Development Director Gibson-Williams, Assistant City Attorney Herrington, and Assistant City Clerk Cooper were present at Roll Call. Other staff members were also present.

3. PLEDGE OF ALLEGIANCE

Commissioner Lee led the Pledge of Allegiance.

4. ADDITIONS/REVISIONS – None

5. PRESENTATIONS – None

6. PUBLIC COMMENT – None

7. CONSENT CALENDAR – None

8. PUBLIC HEARINGS

8.1 A request (PLN21-20039) by The New Home Company for Planning Commission recommendation of approval for the following entitlements related to the 158.6 acre site located at the northwest corner of Hamner Avenue and Limonite Avenue commonly known as the Leal Property: an Addendum to the Certified Program Environmental Impact Report for the Leal Master Plan, Leal Master Plan Amendment (SPA001), a Development Agreement (DA003), a Tentative Tract Map (TTM 38290) to create 14 developable lots, 19 lots for infrastructure, trails and open space and a Major Development Plan Review (PLN22-20020 DR001) to facilitate the development of 2,500 residential units and 595,000 square feet of commercial development including a hotel, a civic center (City Hall, Library, Police Station) and a Fire station.

Community Development Director Gibson-Williams and Peter Carlson, The New Home Company, presented a PowerPoint presentation and answered related questions.

The following individual(s) provided public comment:

• John Webster, Eastvale resident

On motion of Commissioner Lee and second by Commissioner Rochelle, the Planning Commission voted unanimously to adopt a resolution recommending that the City Council approve PLN21-20039 consisting of the following:

1. An Addendum to the Certified Program Environmental Impact Report for the Leal Master Plan; 2. An Amendment to the Leal Master Plan (SPA001); 3. A Development Agreement (DA003); 4. A Tentative Tract Map (TTM 38290) and; 5. A Major Development Plan Review (PLN22-20020 DR001).

## 9\. COMMISSION BUSINESS – None

## 10\. CITY STAFF REPORT

Community Development Director Gibson-Williams provided City updates.

## 11\. COMMISSION COMMUNICATIONS

The Planning Commission provided comments.

ADJOURNMENT – Chair Laney adjourned the meeting at 7:13 p.m. The next regular meeting of the Eastvale Planning Commission is scheduled for Wednesday, May 18, 2022, at 6:00 p.m.

Jessica Cooper, CMC Assistant City Clerk

Eastvale Planning Commission Meeting Minutes April 25, 2022 Page - 2

SPECIAL PLANNING COMMISSION MEETING AGENDA Eastvale City Hall Council Chambers 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752 Monday, April 25, 2022 Special Planning Commission Meeting: 6:00 PM City Commissioners Houston Laney, Chair Kevin Mensen, Vice Chair Andrea Hove, Commissioner Josh Lee, Commissioner Michael Rochelle, Commissioner This Agenda contains a brief general descrip!on of each item to be considered. Except as otherwise provided by law, no ac!on or direc!on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor!ng documents, including staff reports, and any wri!ngs or documents provided to a majority of the City Council a*er the pos!ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov. In accordance with AB 361 (Government Code sec!on 54953(e)), members of the City Council, the public, and others may a>end and par!cipate in this mee!ng remotely via GoToWebinar. If you wish to view the mee!ng and/or make public comment through GoToWebinar you may do so by logging on to GoToWebinar at the above stated date and !me via the following link: https://bit.ly/3IjMS2l. Members of the public may provide public comment by sending comments to the City Clerk’s Office by email at cityclerk@eastvaleca.gov or u!lize the “raise your hand” func!on in GoToWebinar to provide oral public comment during the designated public comment periods. Staff will monitor emails to the extent possible during the mee!ng. Email comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Council’s discre!on to reduce the amount of !me for public comments. Email comments received a*er the agenda item is heard will not be read into the record. In the event of a disrup!on to the GoToWebinar broadcast of the mee!ng, or the ability to receive public comment through GoToWebinar, the meeting will be recessed until remote public access is restored. In compliance with the Americans with Disabili!es Act, if you need special assistance to par!cipate in this mee!ng, you should contact the City Clerk’s Office at (951) 361-0900. Regular mee!ngs are recorded and made available on the City’s website at www.eastvaleca.gov. Mee!ng recordings are uploaded to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1

1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS / REVISIONS The Planning Commission may only add an item to the Agenda after making a finding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Commission. If there is less than 2/3 of the Commissioners present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted. 5. PRESENTATIONS 6. PUBLIC COMMENT Any member of the public may address the Commission on items within the Commission’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Commission and do not engaged in dialogue with individual Commissioners, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers. 7. CONSENT CALENDAR Consent Calendar items are normally enacted in one moon. The Chair or Commission may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item. 8. PUBLIC HEARINGS The public is encouraged to express your views on any maer set for public hearing. It is our procedure to first receive the staff report, then to ask for public tesmony, first from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A9er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Chair or a Member of the Commission. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.) 8.1. A request (PLN21-20039) by The New Home Company for Planning Commission recommendation of approval for the following entitlements related to the 158.6 acre site located at the northwest corner of Hamner Avenue and Limonite Avenue 2

commonly known as the Leal Property: an Addendum to the Certified Program Environmental Impact Report for the Leal Master Plan, Leal Master Plan Amendment (SPA001), a Development Agreement (DA003), a Tentative Tract Map (TTM 38290) to create 14 developable lots, 19 lots for infrastructure, trails and open space and a Major Development Plan Review (PLN22-20020 DR001) to facilitate the development of 2,500 residential units and 595,000 square feet of commercial development including a hotel, a civic center (City Hall, Library, Police Station) and a Fire station. Submitted by: Gina Gibson-Williams, Community Development Director RECOMMENDED ACTION(S): Staff recommends that the Planning Commission conduct a public hearing and adopt a Resolution recommending that the City Council approve PLN21-20039 consisting of the following: 1. An Addendum to the Certified Program Environmental Impact Report for the Leal Master Plan; 2. An Amendment to the Leal Master Plan (SPA001); 3. A Development Agreement (DA003); 4. A Tentative Tract Map (TTM 38290) and; 5. A Major Development Plan Review (PLN22-20020 DR001). 9. COMMISSION BUSINESS 10. CITY STAFF REPORTS 11. COMMISSION COMMUNICATIONS 12. ADJOURNMENT The next regular meeting of the Eastvale Planning Commission is scheduled for Wednesday, May 18, 2022, at 6:00 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (www.eastvaleca.gov,) not less than 24 hours prior to the meeting. ______________________________________________________ Marc A. Donohue, MMC City Clerk 3

SPECIAL PLANNING COMMISSION MEETING AGENDA Eastvale City Hall Council Chambers 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752 Monday, April 25, 2022 Special Planning Commission Meeting: 6:00 PM City Commissioners Houston Laney, Chair Kevin Mensen, Vice Chair Andrea Hove, Commissioner Josh Lee, Commissioner Michael Rochelle, Commissioner This Agenda contains a brief general descrip!on of each item to be considered. Except as otherwise provided by law, no ac!on or direc!on shall be taken on any item not appearing on the following Agenda. Unless legally privileged, all suppor!ng documents, including staff reports, and any wri!ngs or documents provided to a majority of the City Council a*er the pos!ng of this agenda are available for review at Eastvale City Hall, 12363 Limonite Avenue, Eastvale, CA 91752 or you may contact the City Clerk’s Office, at (951) 361-0900 Monday through Thursday from 7:30 a.m. to 5:30 p.m. and available online at www.eastvaleca.gov. In accordance with AB 361 (Government Code sec!on 54953(e)), members of the City Council, the public, and others may a>end and par!cipate in this mee!ng remotely via GoToWebinar. If you wish to view the mee!ng and/or make public comment through GoToWebinar you may do so by logging on to GoToWebinar at the above stated date and !me via the following link: https://bit.ly/3IjMS2l. Members of the public may provide public comment by sending comments to the City Clerk’s Office by email at cityclerk@eastvaleca.gov or u!lize the “raise your hand” func!on in GoToWebinar to provide oral public comment during the designated public comment periods. Staff will monitor emails to the extent possible during the mee!ng. Email comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Council’s discre!on to reduce the amount of !me for public comments. Email comments received a*er the agenda item is heard will not be read into the record. In the event of a disrup!on to the GoToWebinar broadcast of the mee!ng, or the ability to receive public comment through GoToWebinar, the meeting will be recessed until remote public access is restored. In compliance with the Americans with Disabili!es Act, if you need special assistance to par!cipate in this mee!ng, you should contact the City Clerk’s Office at (951) 361-0900. Regular mee!ngs are recorded and made available on the City’s website at www.eastvaleca.gov. Mee!ng recordings are uploaded to the City’s website within 24 hours (unless otherwise noted) after the completion of the meeting. 1

1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. ADDITIONS / REVISIONS The Planning Commission may only add an item to the Agenda after making a finding that there is a need to take immediate acon on the item and that the item came to the aenon of the agency subsequent to the posng of the agenda. An acon adding an item to the agenda requires 2/3 vote of the Commission. If there is less than 2/3 of the Commissioners present, adding an item to the agenda requires a unanimous vote. Added items will be placed for discussion at the end of each section unless otherwise noted. 5. PRESENTATIONS 6. PUBLIC COMMENT Any member of the public may address the Commission on items within the Commission’s subject maer jurisdicon, but which are not listed on this agenda during PUBLIC COMMENTS. However, no acon may be taken on maers that are not part of the posted agenda. We request comments made on the agenda be made at the me the item is considered and that comments be limited to three minutes per person with a maximum of six minutes (me may be donated by one person). Please address your comments to the Commission and do not engaged in dialogue with individual Commissioners, City staff, or members of the audience. Blue speaker forms are available at the front table to the entrance of Council Chambers. 7. CONSENT CALENDAR Consent Calendar items are normally enacted in one moon. The Chair or Commission may remove a Consent Calendar item for separate acon. If a member of the public would like to speak on a Consent Calendar item, please complete a blue “Public Comment Form” and submit to the City Clerk prior to the item. 8. PUBLIC HEARINGS The public is encouraged to express your views on any maer set for public hearing. It is our procedure to first receive the staff report, then to ask for public tesmony, first from those in favor of the project followed by tesmony from those in opposion to it, and if there is opposion, to allow those in favor, rebual tesmony only as to the points brought up in opposion. To tesfy on the maer, you need to simply come forward to the speaker’s podium at the appropriate me, give your name and address and make your statement. A9er a hearing is closed, you may not further speak on the maer unless requested to do so or are asked quesons by the Chair or a Member of the Commission. Public comment is limited to three (3) minutes each with a maximum of six (6) minutes (time may be donated by one speaker.) 8.1. A request (PLN21-20039) by The New Home Company for Planning Commission recommendation of approval for the following entitlements related to the 158.6 acre site located at the northwest corner of Hamner Avenue and Limonite Avenue 2

commonly known as the Leal Property: an Addendum to the Certified Program Environmental Impact Report for the Leal Master Plan, Leal Master Plan Amendment (SPA001), a Development Agreement (DA003), a Tentative Tract Map (TTM 38290) to create 14 developable lots, 19 lots for infrastructure, trails and open space and a Major Development Plan Review (PLN22-20020 DR001) to facilitate the development of 2,500 residential units and 595,000 square feet of commercial development including a hotel, a civic center (City Hall, Library, Police Station) and a Fire station. Submitted by: Gina Gibson-Williams, Community Development Director RECOMMENDED ACTION(S): Staff recommends that the Planning Commission conduct a public hearing and adopt a Resolution recommending that the City Council approve PLN21-20039 consisting of the following: 1. An Addendum to the Certified Program Environmental Impact Report for the Leal Master Plan; 2. An Amendment to the Leal Master Plan (SPA001); 3. A Development Agreement (DA003); 4. A Tentative Tract Map (TTM 38290) and; 5. A Major Development Plan Review (PLN22-20020 DR001). 9. COMMISSION BUSINESS 10. CITY STAFF REPORTS 11. COMMISSION COMMUNICATIONS 12. ADJOURNMENT The next regular meeting of the Eastvale Planning Commission is scheduled for Wednesday, May 18, 2022, at 6:00 p.m. at Eastvale City Hall Council Chambers, 12363 Limonite Avenue, Suite 900, Eastvale, CA 91752. AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing Agenda was posted at the following locations: City Hall, 12363 Limonite Avenue, Suite 910 and website of the City of Eastvale (www.eastvaleca.gov,) not less than 24 hours prior to the meeting. ______________________________________________________ Marc A. Donohue, MMC City Clerk 3

AGENDA STAFF REPORT Planning Commission Meeting PUBLIC HEARINGS Agenda Item No. 8.1 April 25, 2022 A request (PLN21-20039) by The New Home Company for Planning Commission recommenda5on of approval for the following en5tlements related to the 158.6 acre site located at the northwest corner of Hamner Avenue and Limonite Avenue commonly known as the Leal Property: an Addendum to the Cer5fied Program Environmental Impact Report for the Leal Master Plan, Leal Master Plan Amendment (SPA001), a Development Agreement (DA003), a Tenta5ve Tract Map (TTM 38290) to create 14 developable lots, 19 lots for infrastructure, trails and open space and a Major Development Plan Review (PLN22-20020 DR001) to facilitate the development of 2,500 residen5al units and 595,000 square feet of commercial development including a hotel, a civic center (City Hall, Library, Police Station) and a Fire station. Prepared By: Gina Gibson-Williams, Community Development Director Recommended Action(s) Staff recommends that the Planning Commission conduct a public hearing and adopt a Resoluon recommending that the City Council approve PLN21-20039 consisting of the following: 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov 4

1. An Addendum to the Cerfied Program Environmental Impact Report for the Leal Master Plan; 2. An Amendment to the Leal Master Plan (SPA001); 3. A Development Agreement (DA003); 4. A Tentative Tract Map (TTM 38290) and; 5. A Major Development Plan Review (PLN22-20020 DR001). Summary In December of 2017, the City of Eastvale adopted the Leal Master Plan and cerfied the Program Environmental Impact Report (PEIR) to facilitate the development of the Leal property. The Leal property is approximately 158.6 acres in size. The boundaries are 58th Street, Hamner Avenue, Limonite Avenue, and Scholar Way (Assessor Parcel Nos. 164030010; 16430012-14; 164030024-25). The Leal property is a former dairy and agricultural site that is no longer in use. The Leal Master Plan establishes Eastvale's vision to create a dynamic, disncve downtown with mixed-use, retail, office, hotel, housing, public spaces and a civic center. In 2021, the property owner entered into escrow with the developer, The New Home Company, to purchase the land and develop the site as a comprehensive, integrated community. Background Surrounding Land Uses and Zoning The Project site is surrounded by the following uses and zoning designations: Location Land Use Zoning North Residential Planned Residential/ Single Family Residential (PRD/R-1) East Swan Lake/Eastvale Gateway Center Mobile Home Park (R-T)/Specific Plan (S-P) South Single Family Residential/Cloverdale Marketplace Planned Residential (PRD)/General Commercial (C-1/C-P) West Residential/The Lodge General Residential (R-3) Role of the Planning Commission Secon 2.17.040 - Planning Commission Dues, of the Eastvale Municipal Code establishes the dues of the Planning Commission. According to the Code, "The Planning Commission shall undertake and have the following dues, responsibilies, and funcons, together with any incidental powers thereto, including but not limited to: (5)Recommend to the City Council acons to be taken on proposed projects, or take final acon on projects, as provided for under the state planning law and city ordinance, including this Code." The developer submitted the following applications to the City for review: 1. An Addendum to the Program Environmental Impact Report (PEIR) for the Leal Master Plan; 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov 5

2. An Amendment to the Leal Master Plan; 3. A Development Agreement; 4. A Tentative Tract Map; and 5. A Major Development Plan Review. The applicaons support development of the Leal property to analyze the impacts associated with the development, vest the entlement rights for a twenty year period, subdivide the property to create 14 developable lots, 19 lots for infrastructure, trails and open space and facilitate the development of 2,500 residenal units, 595,000 square feet of commercial development including a hotel, a civic center (City Hall, Library, Police Staon) and Fire Staon hereaEer referred to as the "Project". Staff recommends that the Planning Commission consider the merits of applicaons filed by the developer, the analysis in the agenda report, wriFen and oral public tesmony and make a recommendation to the City Council to approve the Project. Leal Master Plan Amendment The Leal Master Plan is the City's vision for a vibrant Downtown, entertainment/lifestyle, mixed use development. The applicant filed an applicaon to modify the approved Leal Master Plan. This request is the first amendment to the Leal Master Plan (SPA001). The proposed amendment establishes a land use map, specifies backbone streets, idenfies planning areas, parks, and open space, lists development standards such as setbacks, height limits, and design guidelines to facilitate development of the Project. The modified plan consists of several land uses including: Civic Center Library Police Station Fire Station 14 acres of parks/open space and a private recreation center up to 595,000 square feet of retail/commercial and lifestyle center including a hotel up to 2,500 homes. The proposed amendment is designed to: Refine land use and zoning designaons within the Master Plan; Establish project-wide Land Use Plan, Circulaon Plan, and Infrastructure Plans; Determine project-wide development standards, design guidelines and site characteriscs. The proposed Project has four (4) land use designaons, Residenal, Downtown, Parks/Open Space and Public Facility. A Land Use Plan is included with the report as Attachment E. Land Use Residential Residenal Planning Areas are idenfied as 1, 6, 7, 8, 9, 11, 12 and 13, which are approximately 87 acres. The residenal land use areas will accommodate up to 1,840 units and will feature six disnct home types: 1. Conventional Single Family Homes 2. Zero-Lot Line Homes 3. Rear Loaded Homes 4. Row Townhomes 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov 6

5. Attached Motor Court Homes 6. Apartments/Flats Downtown Downtown Planning Areas are idenfied as 2,3,4,5 and 10, which are approximately 52 acres. Downtown will accommodate 595,000 square feet of commercial use, 660 residenal units, and the Civic Center. Parks and Open Space Parks and Open Space are located along 58th, Hamner and Limonite Avenues and Planning Areas J, K and L, which are approximately 14 acres. Open space, trails and linear parks are shown on Attachment E to this report. Fire Station Planning Area 14 is 1.2 acres in size and is designated as public facility for the Fire Station. Circulation There are six (6) major points of vehicular access to the site: two from Limonite Avenue, one of which is signalized; two from Hamner Avenue, one of which is also signalized; one on 58th Street, and one on Scholar Way. Limonite and Hamner Avenues will be dedicated, widened with an addional travel lane and fully improved. Scholar Way and 58th street will be fully improved. The major backbone streets will support walking and biking with an extensive network of trails and pathways. Authority to Amend a Master Plan Secon 120.02.060 of the Code specifies the requirements to amend a Master Plan are the same as those to amend the Zoning Code. According to Sec. 120.01.070. - Zoning Code and Map Amendments, the designated approving authority for zoning amendments is the City Council. The Planning Director (Community Development Director) and Planning Commission provide recommendaons and the City Council approves, condionally approves, or denies the zoning amendment in accordance with the requirements of this title. Approval or Amendment of a Master Plan. Prior to adopng or amending a master plan, the Planning Commission shall make a recommendation to the City Council based on the following findings: (1) That the proposed master plan is consistent with the goals, policies, and objecves of the general plan. The Eastvale General Plan idenfied the Leal Property as a "significant development opportunity". The General Plan designates the site for mixed development. All of the land uses idenfied in the General Plan Land Use Policy 19 are retained and refined in the proposed Project. The proposed Project as condioned, will implement the General Plan policies for the Leal site and is therefore consistent with the goals, policies and objectives of the General Plan. (2) That the proposed master plan meets the requirements set forth for a Master Plan. As condioned, the proposed Amendment meets the requirements for a Master Plan according to 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov 7

the Eastvale Municipal Code. The Plan will contain sufficient detail to allow city staff to implement its provisions and to describe to developers how properes within a master plan may be developed. The Plan will contain mandatory contents of the master plan including a schedule or program of exisng services and facilities including transit. (3) If the master plan site, or any poron thereof, is located within the Chino Airport influence area, the city council must find that: a. The master plan and amendment has been reviewed by the airport land use commission; and b.The master plan is consistent with the most recently adopted version of the Chino Airport land use compatibility plan. The Leal Master Plan is not located within the Chino Airport Land Use Compability zone and is not subject to review by the airport commission or consistency with the airport compatibility plan. (4) The language and contents of the master plan shall be acceptable and must meet all applicable city standards. The Master plan was reviewed by the City of Eastvale Community Development Department and the City's planning consultant team. As condioned, the Master plan is acceptable and will meet all applicable city standards in terms of design, architecture, land use standards, circulaon, permiFed uses, development standards, public services, administration, and implementation. Development Agreement The Development Agreement is a voluntary contract between the City of Eastvale and The New Home Company which provides security for both sides ed to a development project. The Development Agreement is a legislave act authorized by the California Government Code and local ordinance. With a Development Agreement, the City realizes benefits it could not normally secure via the tradional approval process. The Developer migates risk against future changes to the rules governing land use entitlements. The Developer submiFed applicaons to consider Leal Master Plan Amendment (SPA 01) and related documents and a Development Agreement (DA003) to govern development of certain property owned by the Leal Family Trust. The Developer is under contract with the property owner to acquire the property in three (3) phases. The Phasing Map is include with this report as Attachment F. California Government Code Secon 65864 authorizes cies to enter into development agreements. Development Agreements eliminate uncertainty with respect to the development process and promote more orderly and efficient development, thereby improving the local economy, and promong the City’s development goals and objecves. Because large, mul-phase projects require substanal up-front capital investments in land or public infrastructure, developers and cies seek certainty with respect to land use entlements and the cost of development. Because the City migates development risk by liming its ability to change the regulaons and fees or exacons applicable to the Project, the City may negoate consideraon for the Development Agreement that exceeds the normal boundaries established by statute and case law. In theory, the more entlement and fee risk that the City migates for the developer, the greater should be the City’s consideration. The Draft Development Agreement is included as Attachment A to this report. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov 8

City Council Development Agreement Goals On August 25, 2021, the City Council established the Real Property Ad-Hoc CommiFee. The CommiFee met regularly from Fall 2021 to April 2022 and provided guidance to staff for the Master Plan Amendment and the proposed terms of the Development Agreement. The key goals established by the City Council and the Ad Hoc CommiFee for the Development Agreement included: 1. Encourage development of a mixed-use community, including retail, office, and general commercial services along with a range of housing products fulfilling the City’s Housing Element burdens, and 2. Create a vibrant, urban downtown with a future civic center including a City Hall, Library, and Police Station as a catalyst anchor, and 3. Secure a site for a future fire station to service the needs of the broader community, and 4. Assume responsibility for the determinaon of park and recreaon needs and facility requirements, and 5. Ensure that the completed Project has a neutral or posive operang fiscal impact on the City, assuming current service levels. 6. Create a fair and reasonable exchange of value between the City and Developer. Term The Term of the Development Agreement is twenty (20) years from the Effecve Date. The Effecve Date means the later of (i) 30 days aEer adopon of the Ordinance approving the Development Agreement and (ii) the date the Developer acquires any poron of the Property, but in any event not later than one year aEer the adopon of the Ordinance. This Term connues unless and unl (i) a referendum measure overrides or repeals the Ordinance adopng the Development Agreement, or (ii) a court of law annuls the Ordinance adopng the Development Agreement, (iii) the pares mutually agree to terminate, (iv) there is a material default by either party, or (v) it expires. The Developer and City each have certain entlements and obligaons during the Term of the Development Agreement. Land Use Entitlements (Existing Land Use Regulations and Existing Development Approvals) The Development Agreement incorporates the provisions of the adopted Leal Master Plan and Environmental Impact Report as modified by the Master Plan Amendment No. 1, the Addendum to the Leal Master Plan EIR, the Tentave Tract Map, Major Development Review, and all other land use permits or approvals issued by the City of Eastvale (defined as the “Exisng Development Approvals”). In addion, the Development Agreement defines the “Exisng Land Use Regulaons” to include the codes, rules, and regulaons (such as the General Plan, Zoning, and Building Codes) enforced as of the Entry Date (the date of Approval for the Development Agreement). The City of Eastvale may not alter the Exisng Land Use Regulaons with respect to the Project during the Term. The Developer will have a vested right to develop the Project in accordance with the Exisng Land Use Regulaons and Exisng Development Approvals, notwithstanding any future changes initiated by the City Council or the voters of the City. The Project may require subsequent ministerial or discreonary permits, licenses, environmental findings, or other similar approvals to develop the Project. The City must impose Condions of Approval consistent with the Exisng Land Use Regulaons and the Exisng Development Approvals unless otherwise agreed by the Developer. However, the Project remains subject to all Federal and State Laws, Police Powers, and Uniform Codes as they exist today or as modified in the future. These include building codes, public improvement construcon standards, and other health and 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 | eastvaleca.gov 9

safety regulaons applicable citywide. It is primarily the permiFed land uses, parking, landscaping, and related development standards that the Agreement fixes for the Term. The Developer and Project shall be subject to any lawfully imposed condions of approval imposed by other governmental agencies. The Project and its occupants remain subject to all taxes of general applicability (such as sales taxes, transient occupancy taxes, or property taxes). The Developer must also pay all customary fees for processing development applications. The Development Agreement does not bind the Developer to any specific schedule of performance for the private improvements, including the residenal and commercial uses. The Developer is not subject to any commercial phasing obligaons as a condion for pulling residenal permits as previously required in the Leal Master Plan. The Planning Commission and City Council must find that the provisions of the Agreement are consistent with the general plan and any applicable specific plan. Review of a Development Agreement by the Planning Co