The city desires to ensure its compliance with Senate Bill (SB) 330 and establish a no Net Loss Program for certain residential projects. This chapter provides that, concurrent with the approval of any change of zone from a residential use to a less intensive residential or non-residential use, the city will transfer the residential units being eliminated into a unit bank, and make a density bonus available as provided in this chapter to project applicants subsequently seeking to develop property for residential use within the city. This will ensure that there is no net loss of residential capacity within the city as required by SB 330.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

The following definitions apply to this chapter:

Community development director means the community development director of the City of Eastvale.

Density bonus means a density increase of up to the percentages above the otherwise maximum residential density as specified in this chapter.

Density bonus housing agreement means a legally binding agreement between a developer of a housing development as defined herein and the city, containing such terms and conditions as determined by the city attorney, which ensures that the requirements of this chapter are satisfied.

Density bonus units means those residential units granted pursuant to the provisions of this chapter that exceed the maximum residential density for the housing development and that are available in the unit bank.

Housing development means a use consisting of residential units only, mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use, and/or transitional housing or supportive housing.

Maximum residential density means the maximum number of residential units permitted by the city's general plan land use element and zoning code, applicable to the subject property at the time an application for the construction of a housing development is deemed complete by the city, excluding the additional units permitted by this chapter.

Unit bank means the number of units available to the no net loss program as a result of a change of zone from a residential use to a less intensive residential use or a non-residential use. The community development director, or their designee, shall have the sole authority to administer and maintain the unit bank balances, credits and availability as they determine, which determination shall be final.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

The city shall grant a density bonus through the no net loss program to housing development projects that meet the following criteria:

(a)

The housing development project is on a parcel of at least one acre, or the applicant is concurrently processing an application for a subdivision map or a parcel merger to create a parcel of not less than one-acre.

(b)

The housing development project takes place in the following zone classifications:

(1)

R-1 one-family dwellings

(2)

R-2 multiple family dwellings

(3)

R-3 general residential

(4)

PRD planned residential developments

(5)

R-6 residential incentive

(c)

The development standards applicable to a density bonus housing development shall be those of the underlying zone classification, except that those development standards shall not be construed to prohibit the additional density being granted to the density bonus housing development pursuant to this chapter.

(d)

A density bonus agreement shall be required for any project seeking a density bonus as part of this chapter.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

In determining the number of density bonus units to be granted pursuant to this chapter, the maximum allowable residential density for the site shall be calculated as follows:

(a)

R-1 Zone - the total number of allowed dwelling units shall be calculated by multiplying the maximum residential density for that zone classification by 1.1, for a ten percent density bonus.

(b)

R-2, R-3, PRD and R-6 Zones - the total number of allowed dwelling units shall be calculated by multiplying the maximum residential density for that zone classification by 1.2, for a 20 percent density bonus.

(c)

Density bonuses in this chapter can be combined with other density bonus programs as established in section 120.05.090 of the Eastvale Municipal Code or with a program in the city's housing element.

(d)

In no case shall the number of density bonus units awarded under the no net loss program exceed the number of units in the unit bank.

(e)

In no case shall the total number of units awarded under any density bonus program exceed 100 percent of those available under this chapter and chapter 120.05.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

A request for a density bonus pursuant to this chapter shall be processed as a part of the housing development application. The process for obtaining preliminary approval of the density bonus housing agreement shall be as follows:

(a)

Filing. An applicant proposing a housing development pursuant to this chapter shall submit an application for a density bonus housing agreement as part of the submittal of any formal request for approval of a housing development. The application, whether a pre-application or a formal application, shall include:

(1)

A brief description of the proposed housing development, including the total number of units, and density bonus units proposed;

(2)

The zone classification, general plan land use designation and assessor's parcel number(s) of the project site;

(3)

A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveways, and parking layout; and

(4)

If an additional incentive or program available under the Eastvale Municipal Code or the housing element is requested, a description of why the additional incentive or program is applicable to the density bonus units.

(5)

Any additional information and submittal requirements as noted on the development application.

(b)

Review of no net loss program request.

(1)

Within 90 days of receipt of the application for a no net loss program the city shall provide to an applicant a letter, which identifies project issues of concern, and the procedures for compliance with this chapter.

(2)

If additional incentives are requested under section 120.05.090, the community development director shall inform the applicant that the requested additional incentives either are or are not available thereunder for the proposed development and provide justification for said recommendation.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

(a)

The terms of the draft density bonus agreement (the "agreement") shall be reviewed and revised as appropriate by the community development director and the city attorney, who shall formulate a recommendation to the planning commission for review and the city council for final approval.

(b)

At a minimum, the agreement shall include the following:

(1)

The total number of units proposed within the housing development;

(2)

A schedule for completion and occupancy of the units;

(3)

A description of any additional incentive being provided by the city;

(4)

A description of remedies for breach of the agreement by either party; and

(5)

Any other provisions to ensure implementation and compliance with this chapter and other density bonus provisions established in section 120.05.090 or in the city's housing element, as applicable, including but not limited to:

a.

A description of the household income group to be accommodated by the housing development, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost;

b.

The location, unit sizes (square feet), and number of bedrooms of target units, as described in section 120.05.090; and

c.

Tenure of use restrictions for target units.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)

(a)

The provisions of this chapter shall be administered by the community development department. Project approval processes are established in Eastvale Municipal Code Chapter 120.01. - Administration and Procedures.

(b)

Projects requesting density bonuses through the no net loss program are subject to processing through both Eastvale Municipal Code Chapter 120.01. and the requirements of this chapter.

(Ord. No. 2021-08, § 1(Exh. A), 10-27-2021)