Agenda packet — Montclair City Council, December 1, 2025

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION, MONTCLAIR

HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY

FOUNDATION MEETINGS

AGENDA PACKET
Monday, December 1, 2025
7:00 p.m.

Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick

REGULAR JOINT MEETING OF THE

CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, December 1, 2025
7:00 p.m.

If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate time during the meeting. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) can also be emailed to [email protected] at least one hour before the meeting begins.

Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.

Please be advised that those watching via Zoom do so at their own risk. The meeting will not be suspended or cancelled if any technical issues occur during the meeting. Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/.

AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3). Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.

VII. PUBLIC HEARINGS Page No.

A. First Reading — Consider Ordinance No. 25–1013 Amending the Montclair Municipal Code to Regulate the Parking of Oversized Vehicles and Unattached Trailers on Public Streets [CC]
Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1013 on Monday, December 15, 2025, at 7:00 p.m. in the City Council Chambers [CC] 4

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MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 1 of 132 Page No.

B. First Reading — Consider Ordinance No. 25–1014 Amending the Zoning Code by Repealing and Replacing Chapter 11.23 of the Montclair Municipal Code Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in Residential Zones (Case No. 2025–03) [CC]
Consider Continuing First Reading of Ordinance No. 25–1014 to Tuesday, January 20, 2026, at 7:00 p.m. in the City Council Chambers [CC] 20 C. First Reading — Consider Ordinance No. 25–1016 Amending Specific Chapters of Title 10 of the Montclair Municipal Code Related to the Adoption of Building Codes to Regulate Construction in the City of Montclair [CC] Consider Setting a Public Hearing for Second Reading and to Consider Adoption of Ordinance No. 25–1016 on Monday, December 15, 2025, at 7:00 p.m. in the City Council Chambers [CC] 22
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Adjourned Meeting — November 3, 2025 [CC] 127

2. Regular Joint Meeting — November 3, 2025 [CC/SA/MHC/MHA/MCF] 128 B. Administrative Reports

1. Consider Approval of Ratification of Warrant Register and Payroll Documentation [CC] 33

2. Consider Receiving and Filing the Montclair Police Department 2024–25 Military Equipment Annual Report Pursuant to GC §7072 [CC] Consider Authorizing the Scheduling of a Follow–Up Police Department Community Engagement Meeting on Wednesday, December 10, 2025, at 5:00 p.m. in the Emergency Operations Center Community Room at 4870 Arrow Highway, Montclair [CC] 34

3. Consider Receiving and Filing Fiscal Year 2024–25 Annual Reports for Montclair Community Facilities District Nos. 2011–1 (Paseos/Alexan) and 2011–2 (Arrow Station) [CC] 48

4. Consider Approval of the Montclair Housing Authority Fiscal Year 2024–25 SB 341 Compliance Report [CC/MHA] 53

5. Consider Review and Acceptance of the Montclair Housing Authority Annual Report for Fiscal Year 2024–25 [MHA] 62
C. Agreements

1. Consider Approval of Agreement No. 25–76 with Ontario–Montclair School District to Provide Services Related to the Homeless Housing, Assistance and Prevention Program Round 3 (HHAP–3) Grant, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing the City Manager to Sign Agreement No. 25–76 and Any Other Related Documents to Effectuate HHAP–3 Grant Programs [CC] 66 D. Resolutions — None
IX. PULLED CONSENT CALENDAR ITEMS
MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 2 of 132 Page No.

X. COMMUNICATIONS
A. Department Reports

1. Human Services — Upcoming Events and Programs

2. Police — Dashing through Montclair
B. City Attorney

1. Request to Meet in Closed Session Pursuant to Gov. Code §54956.9(d)(2) Regarding Potential Litigation [CC]
One Potential Case

2. Request to Meet in Closed Session Pursuant to Gov. Code §54956.9(d)(4) Regarding Potential Litigation [CC]
One Potential Case

3. Request to Meet in Closed Session Pursuant to Gov. Code §54956(d)(1) Regarding Pending Litigation [CC]
Ibanez v. Montclair
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — November 17, 2025 [CC] 126 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, December 15, 2025 at 7:00 p.m.

Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.

If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, November 20, 2025.

MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 3 of 132

CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 1, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: PKG310
DEPT.: COMMUNITY DEV.

PREPARER: M. DIAZ
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 25–1013 AMENDING THE

MONTCLAIR MUNICIPAL CODE TO REGULATE THE PARKING OF OVERSIZED VEHICLES

AND UNATTACHED TRAILERS ON PUBLIC STREETS

CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 25–1013 ON MONDAY, DECEMBER 15, 2025, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: The City Council is requested to consider Ordinance No. 25–1013 amending the Montclair Municipal Code to regulate the parking of oversized vehicles on public streets. Changes to the City’s Municipal Code are policy considerations that require City Council authorization. The City Council conducted two workshops on the proposed oversized vehicle Ordinance—one on May 1, 2023, and the other on May 5, 2025—during which the proposed ordinance was discussed.

Amending the Municipal Code is done by ordinance of the City Council, which requires two separate readings of the proposed ordinance. The proposed ordinance must be introduced and considered by the City Council as a public hearing, and the first reading of the proposed ordinance could then take place. The City Council must conduct a second reading and adopt the proposed ordinance at a regular meeting held at least five days after the first reading. If substantial changes are made after the first reading, the revised ordinance must be re–introduced for first reading.

At its meeting on November 17, 2025, at which the first reading of the proposed ordinance was scheduled to take place, the City Council opened the public hearing to solicit public comments and then voted to continue consideration of the first reading of Ordinance No. 25–1013 to December 1, 2025.

A copy of proposed Ordinance No. 25–1013 is attached for City Council review and consideration.

BACKGROUND: Oversized vehicle ordinances regulate or prohibit the parking of large vehicles such as RVs, trailers, and commercial trucks on public streets within a jurisdiction. Almost every city in the local region has adopted oversized vehicle ordinances, which are most commonly based on dimensions like length, width, or height.

Most cities also offer permits for residents and have specific rules for recreational vehicles.

Currently, the City has regulations regarding overweight vehicles, but no regulations regarding oversized vehicles being parked and stored on public streets. The proposed ordinance is similar in form and content as those in other jurisdictions, and has included input from the Public Works, Community Development (Planning and Code Enforcement), and Police Departments. Moreover, the proposed changes are consistent with the California Vehicle Code and policies A4.8b regarding the Public Realm and A4.14b Safety MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 4 of 132 Enhancements of the Montclair General Plan’s “Our Accessibility Community (aka Circulation) Element.” If approved, the Ordinance would give City personnel the means for improving the appearance of the public realm and enhancing public safety.

The purpose of the proposed ordinance is to be more comprehensive with the goals of reducing adverse impacts associated with oversized vehicle parking on public streets including alleys and other public rights–of–ways within the City. Such impacts include, but are not limited to, the following:

1. Obstructions of line of sight (visibility) at intersections and driveways;

2. Obstructions of visibility of traffic control devices—both “1” and “2” achieve compliance with California’s “parking daylight law” (AB 413), prohibiting parking within no less than 20 feet of any crosswalk, whether marked or unmarked, and 15 feet of any crosswalk with a curb extension. AB 413, which became effective January 1, 2025, aims to improve pedestrian safety by enhancing visibility at intersections;

3. Decreased roadway space resulting from oversized vehicles parked along curbs that extend further into streets and highways (especially along more narrow residential streets);

4. Use of public right–of–way for long–term storage of oversized vehicles and attached and unattached trailers due to inability to park such vehicles per City code standards on private property;

5. Commercial vehicles parked on public streets within residentially zoned districts; and

6. Improper disposal of waste accompanying persons living in recreational vehicles parked on public streets.

A majority of the City’s housing stock was built in the 1950s and 1960s and, within the City’s older multi–family housing neighborhoods, developers designed the projects with inadequate parking facilities. In addition, on–street parking spaces have realized significant demand due to a variety of factors including (i) the high cost of housing which has led to multiple adults with vehicles living in, and sharing housing costs; (ii) changes in land–related uses including density–bonus provisions; (iii) state mandates for reduced parking in and around transit facilities; and (iv) state mandates to reduce parking as a means to incentivize construction of affordable housing and accessory dwelling units (ADUs).

Further exacerbating the City’s parking issues are the number of households in violation of zoning and municipal code requirements, including (i) the hoarding of personnel possessions that limits on–property vehicle parking; and (ii) unpermitted auto–related repairs and sales that have spilled onto public streets, further limiting the availability of on–street parking for others.

City staff have observed that many of the vehicles parked for extended periods on City– maintained streets are oversized, inclusive of all types of recreational vehicles, unattached trailers and other oversized vehicles as defined in proposed Ordinance No. 25–1013. These oversized vehicles are typically larger in their dimensions than are passenger vehicles and light trucks including in length, width and weight, thereby limiting on–street parking and presenting line–of–sight limitations to drivers; impose a public safety burden for the motoring public on major thoroughfares and in residential neighborhoods; create unnecessary conflicts between neighbors; present potential MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 5 of 132 conflicts with provisions of the Montclair Municipal Code; can interfere with the course of commerce and the delivery of public services such as street sweeping, solid waste removal and public transit; and can cause significant and excessive degradation to roadways not designed to regularly accommodate these types of oversized vehicles.

Oversized vehicle parking has also been the source of environmental hazards in the City with owners by discharging waste into the street. Such waste includes gas, oil, human waste, and other forms of hazardous waste. These discharges create unsanitary conditions for members of the public, and result in downstream impacts such as waste flows into the City’s storm drains and receiving waterways. These discharges expose the City to liability as violations of regulations of the National Pollutant Discharge Elimination System (NPDES).

Oversized Vehicle Complaints
City staff, Code Enforcement in particular, routinely receives complaints regarding various parking issues such as oversized vehicles parked in excess of 72 hours, and oversized vehicles parked blocking safe line of sight and creating traffic concerns in residential areas. Over the past 1.5 years, the Montclair Police Department has received 224 calls related to oversized vehicles parked on City streets. Since April 2024, Code Enforcement has received 33 complaints from residents and some business owners involving box trucks, trailers, and RVs parked on City streets. This number of complaints does not include contacts made by City staff (i.e., code enforcement, planning, public works) while out in the field. The nature of the complaints generally relate to the parking of recreational vehicles, trailers, and oversized commercial vehicles being parked adjacent to residential parcels, which limits parking for those who live at or visit these properties. Also of concern are oversized vehicles (commercial vehicles and RVs) in commercial and industrial areas where large vehicles are parked/stored overnight (not always by an adjacent business) which tend to accumulate on city streets, causing significant visibility issues and safety concerns to drivers and pedestrians.

Lastly, in various locations around the City, parked RVs are often associated with the accumulation and discarding of trash and debris in and around areas where they are parked. The accumulation and storage of trash, debris, and other personal items in and around areas where oversized vehicles are parked has caused unsanitary conditions and accessibility hazards by obstructing and/or blocking walkways and streets, preventing safe passage.

Key Elements of the Proposed Ordinance
• Definitions
Oversized vehicle means any of the following: Any motorized vehicle as defined in California Vehicle Code Section 670 or combination of motorized vehicle(s) and/or non–motorized vehicle(s), including any attached trailers, vehicles or loads thereon, which exceeds any of the following or any combination of the following: twenty–two feet (22’) in length or eight feet (8’) in width or eight feet (8’) in height.

Recreational vehicle means:
a. Any attached or unattached camp trailer, camper, fifth wheel travel trailer, house car, mobile home, trailer coach, as defined in California Vehicle Code Sections 242, 243, 324, 362, 396, 635, or successor statutes, or any recreational vehicle, as defined by California Health & Safety Code Section 18010 or successor statute.

MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 6 of 132 b. A boat, dune buggy, all–terrain vehicle (“ATV”) or other motorized or towed vehicle designed, maintained, or used primarily for recreational purposes.

Unattached trailer means any trailer (as defined by California Vehicle Code Section 630) that is not securely fastened, connected, or joined to a motor vehicle at all times while parked on a public street, alley, or highway, so that the vehicle and trailer may be immediately driven away.
• General Prohibitions
Unless otherwise exempted by the Ordinance or other applicable law, the stopping, standing, parking, or leaving of any oversized vehicle and/or unattached trailer within the City shall be prohibited as follow:

1. Residential District. No person shall stop, stand, park, or leave standing any oversized vehicle or unattached trailer on any public street, alley, or highway within any Residential District of the City at any time.

2. Non–Residential District.
a. No person shall stop, stand, park, or leave standing any unattached trailer within any non–Residential District at any time.
b. No person shall stop, stand, park, or leave standing any oversized vehicle within any non–Residential District between the hours of 10:00 p.m. and 8:00 a.m. of the succeeding day.

Signage would be installed on streets sufficient to give adequate notice of this prohibition.
• Exemptions

1. Any oversized vehicle, excluding any unattached trailer, actively engaged in loading or unloading of goods, wares, or merchandise from or to any building or structure.
a. Oversized vehicles actively engaged in loading or unloading shall park at the street curb immediately adjacent to the residence or building, or within 400 feet of the residence or building if this area is not available for parking due to curb configuration or codified parking restrictions;

2. Any oversized vehicle, excluding any unattached trailer, parked or left standing on a public street or highway [and excluding any alley] in connection with, and in aid of, the performance of a service to or on a property in the block of which the oversized vehicle is parked or left standing;

3. Any oversized vehicle or unattached trailer belonging to a Federal, State, or Local governmental agency, or a public utility, while the operator of the vehicle is conducting official business;

4. Any school bus involved in the transportation of students, or any bus used for the transportation of youths, elderly, or disabled persons during the course of the activity for which they were transported. In no event shall a bus be parked in excess of thirty (30) minutes prior to the commencement of the event for which the passengers were transported, nor thirty (30) minutes after the conclusion of the event.

5. Any oversized vehicle, excluding any unattached trailer, lawfully parked, stopped, or standing in an authorized commercial loading zone; MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 7 of 132

6. Any oversized vehicle or unattached trailer involved in an emergency or being repaired under emergency conditions.
a. Emergency parking may be allowed for 24 consecutive hours where an oversized vehicle or unattached trailer is left parked on a public street or highway because of a mechanical breakdown or because of physical incapacity of the driver or owner. However, emergency repairs and/or conditions shall not include routine or normal maintenance, nor extensive mechanical repairs;

7. Any vehicle or unattached trailer engaged in activity allowed under a permit issued by the Department of Public Works.

8. Any recreational vehicle, excluding unattached trailers, displaying a current and valid permit issued pursuant to the provisions of Sections 8.38.030 or 8.38.040 of this Code.

Recreational Vehicles and Parking Permits
Every community has faced challenges in balancing the desires of recreational vehicle (RV) owners with neighborhood quality–of–life concerns. To address this challenge, Ordinance No. 25–1013 proposes provisions for parking an RV on a public street and a regulated temporary parking permit process to allow for loading and unloading before or after trips, and to accommodate a guest’s RV by allowing for temporary street parking.

Ordinance No. 25–1013 specifies that the parking of a recreational vehicle on a public street shall not create or exacerbate a dangerous traffic safety condition including, but not limited to, any location that:
• Is within fifty feet (50') of any intersection or greater distance as determined by the City Engineer;
• Is within five feet (5') of the curb cut of any driveway; • Blocks or hinders a traffic lane;
• Blocks or interferes with critical sight lines for driveways, alleyways, or streets; or, • Blocks or hinders the visibility of a traffic control device. • Any location, inclusive of the above, where the City Engineer has caused signage to be installed prohibiting the parking of oversized vehicles or unattached trailers to eliminate or mitigate hazardous conditions, or to otherwise comply with provisions of this ordinance.

Included in Ordinance No. 25–1013 are provisions for City residents to obtain a permit for temporary parking of their own or a guest's recreational vehicle (RV) to allow for temporary street parking (e.g. used for loading/unloading an RV) in residential areas. These permits would provide specified frequency and time limits and typically require an application, proof of residency, and vehicle registration information. Some restrictions would apply such as vehicle weight limits, prohibitions on commercial vehicles, and requirements to not limit off–street parking for other vehicles.

The City is currently researching a practical method for issuing overnight parking permits for RVs on city streets. The options being explored include manual and email–based systems, automated parking kiosks, and comprehensive digital platforms. Although a number of cities use automated parking kiosks located at their civic center or a police MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 8 of 132 station, the prevailing trend is an online parking management system that eliminates paper permits entirely by linking permits to a vehicle’s license plate. These latter systems are managed through cloud–based platforms and mobile apps.

Benefits to online systems include online applications where residents can apply for and purchase permits through a dedicated website or mobile app and, when approved, a vehicle's license plate becomes the "permit." Enforcement officers could use handheld devices or vehicle–mounted cameras to scan license plates and automatically check them against a real–time database of approved permits. This process would automate enforcement, reduce human error, and instantly flag unauthorized vehicles.

Enforcement of Oversized Vehicle Ordinance and Permits
The parking of oversized vehicles in violation of the proposed ordinance is subject to citation, towing or both, especially for repeat violations. However, as with any situation involving the application of code requirements, City staff assesses the totality of the circumstances and factors when determining a course of action. If an extenuating circumstance is identified, a simple warning or advisory may be all that is necessary. On other occasions, a simple warning or advisory may not be possible and a citation would be the appropriate course of action if an immediate hazard to public safety or the community is present. Primary responsibility for enforcement of the ordinance would be by the Montclair Police Department (MPD). In certain cases Code Enforcement would coordinate with the MPD when the circumstances warrant.

Legal Notice and Other Requirements for New Regulations The proposed action is exempt from environmental review because adoption of the proposed ordinance does not qualify as a project and will not result in a direct or reasonably foreseeable indirect physical change in the environment. (California Environmental Quality Act Guidelines, §§15060(c)(2–3), 15061, subd. (b)(3).) On October 24, 2025, a notice of a public hearing for proposed Ordinance No. 25–1013 was published in the Inland Valley Daily Bulletin for the November 17, 2025 City Council meeting. As of the writing of this report, no comments from the public have been received.

FISCAL IMPACT: Adoption of Ordinance No. 25–1013 would have no immediate impact to the General Fund; however, over time, two fiscal impacts would be realized:

1. Development of a street parking permit system would result in unknown fiscal impacts to the General Fund, as follows:
a. If developed in–house with City personnel and on existing platforms, or with the acquisition of specialized hardware and software tools, the cost to the General Fund is not expected to exceed $20,000. City staff will identify funding sources and, if not available in the existing Fiscal Year 2025–26 Budget, will return to the City Council with a request for allocation of funds.
b. If developed using a third–party vendor, City staff would complete a bid process to determine the cost for implementation and return to the City Council with a vendor recommendation, cost estimates, and request for the allocation of funds.

MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 9 of 132

2. Enforcement of Ordinance No. 25–1013 is projected to produce an unknown positive impact on the General Fund through:
a. The issuance of citations and collection of associated fees for infractions of the Montclair Municipal Code, including Ordinance No. 25–1013; and b. The collection of fees related to the issuance of permits for the temporary parking of oversized vehicles subject to Ordinance No. 25–1013. The permit fee will be determined based on the cost of the permitting system implemented, and would be adopted by resolution of the City Council to be incorporated into the Master User Fee Schedule.

Staff will conduct public outreach via utility billing inserts, the City website, and social media to inform residents and businesses prior to implementing the permit system and issuing citations in relation to enforcement of this ordinance.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Conduct the first reading of Ordinance No. 25–1013 amending the Montclair Municipal Code to regulate the parking of oversized vehicles and unattached trailers on public streets; and

2. Set a public hearing for second reading and to consider adoption of Ordinance No. 25–1013 on Monday, December 15, 2025, at 7:00 p.m. in the City Council Chambers.

MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 10 of 132 FIRST

READING
12/01/2025
Ordinance No. 25–1013 Page 1 of 9
ORDINANCE NO. 25–1013

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING CHAPTER 8.02 (“DEFINITIONS”)
AND ADDING CHAPTER 8.38 (“PARKING OF OVERSIZED

AND RECREATIONAL VEHICLES AND UNATTACHED
TRAILERS ON PUBLIC STREETS AND HIGHWAYS”) OF
TITLE 8 (“VEHICLES AND TRAFFIC”) OF THE MONTCLAIR

MUNICIPAL CODE
WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and, WHEREAS, the California Legislature has authorized local governments in California Vehicle Code Sections 22507 and 22507.5 to regulate vehicular parking on public streets and highways within their jurisdiction; and, WHEREAS, the City Council of the City of Montclair recognizes the legitimate personal or professional use of oversized vehicles – including recreational vehicles, that requires such vehicles to be parked from time–to–time on public streets and highways for limited periods of time for those legitimate purposes; and, WHEREAS, the City Council of the City of Montclair also recognizes that the parking of oversized vehicles and unattached trailers on public streets, alleys, and highways within the City has, in certain instances resulted in health and safety concerns due to the height, width, and/or length of oversized vehicles, including, but not limited to:

1. Obstructions of line of sight (visibility) at intersections and driveways;

AB 413, which became effective January 1, 2025, aims to improve pedestrian safety by enhancing visibility at intersections;

3. Obstructions of visibility of traffic control devices;

4. Decreased roadway space resulting from oversized vehicles parked along curbs that extend further into streets and highways (especially along more narrow residential streets);

5. Use of public right–of–way for long–term storage of oversized vehicles and unattached trailers due to inability to park such vehicles per City code standards on private property.

6. Commercial vehicles parked on public streets within residentially zoned districts; and,

7. Improper disposal of waste accompanying persons living in recreational vehicles parked on public streets.

WHEREAS, to combat obstructions of line of sight (visibility) at intersections, the State of California adopted AB 413, amending California Vehicle Code Section 22500, which, in part, prohibits all vehicles from being stopped, parked, or left standing within no less than twenty feet (20’) of a marked or unmarked crosswalk or within fifteen feet (15’) of any crosswalk where a curb extension is present; and, WHEREAS, the City Council of the City of Montclair also recognizes that on– street parking spaces have realized significant demand due to a variety of factors including (i) the high cost of housing which has led to multiple adults with vehicles living in, and sharing housing costs; (ii) changes in land–related uses including density–bonus provisions; (iii) state mandates for reduced parking in and around transit facilities; and (iv) state mandates to reduce parking as a means to incentivize construction of affordable housing and accessory dwelling units (ADUs); and MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 11 of 132 FIRST

READING
12/01/2025
Ordinance No. 25–1013 Page 2 of 9
WHEREAS, many of the vehicles parked for extended periods on City–maintained streets are oversized, inclusive of all types of recreational vehicles, unattached trailers and other oversized vehicles as herein defined, and that these oversized vehicles are typically larger in their dimensions than are passenger vehicles and light trucks including in length, width and weight, thereby limiting on–street parking and presenting line–of–sight limitations to drivers; impose a public safety burden for the motoring public on major thoroughfares and in residential neighborhoods; create unnecessary conflicts between neighbors; present potential conflicts with provisions of the Montclair Municipal Code; can interfere with the course of commerce and the delivery of public services such as street sweeping, solid waste removal and public transit; and can cause significant and excessive degradation to roadways not designed to regularly accommodate these types of oversized vehicles; and WHEREAS, the City Council of the City of Montclair recognizes that oversized vehicles create a greater obstruction to pedestrian and vehicular traffic at crosswalks and intersections than typical automobiles; and,
WHEREAS, the City Council of the City of Montclair has determined that the current parking regulations contained within the Montclair Municipal Code do not effectively address the health and safety and on–street parking concerns created by the parking of oversized vehicles and unattached trailers on public street; and, WHEREAS, the City Council of the City of Montclair seeks to regulate the parking of oversized vehicles and unattached trailers on public streets to more effectively address the health and safety and on–street parking concerns in the community; and, WHEREAS, the City Council of the City of Montclair seeks to provide a reasonable opportunity to residents of the City for limited and temporary parking of recreational vehicles when it is safe to do so.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR HEREBY ORDAINS AS FOLLOWS:

SECTION I. Amendments to Chapter 8.02 of Code.

Chapter 8.02 (“Definitions”) of Title 8 (“Vehicles and Traffic”) of the Montclair Municipal Code is hereby amended to include the following:

Section 8.02.010 – Definitions.

As used in this Title, the following definitions shall apply. For purposes of Title 8, these definitions shall supersede any other definitions of the same terms elsewhere in this Code:

Commercial vehicle shall have the same definition as set forth in California Vehicle Code Section 260, as that section may be amended from time to time.

Curb cut means a depression in a curb for the purpose of accommodating a driveway that provides vehicular access between any public or private real property and a street, alley, highway, or other public easement. The curb cut commences at the point where the curb begins to slope downward toward street level. Where there is no curb, the point at which a driveway that provides vehicular access between any public or private real property and a street, alley, highway, or other public easement meets the roadway pavement shall constitute a curb cut.

Intersection shall have the same definition as set forth in California Vehicle Code Section 365, as that section may be amended from time to time, and shall include, without limitation, any controlled or uncontrolled, and/or unmarked or marked, intersection of any combination of streets, highways, roadways, alleys, and/or other paths provided for the vehicular travel (excluding private driveways).

Non–Residential District means any block, street, or area that is not within a Residential District.

Oversized Vehicle means any of the following:

A. Any motorized vehicle as defined in California Vehicle Code Section 670 or combination of motorized vehicle(s) and/or non–motorized vehicle(s), including any attached trailers, vehicles or loads thereon, which exceeds any of the following or any MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 12 of 132 FIRST

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combination of the following: twenty–two feet (22’) in length or eight feet (8’) in width or eight feet (8’) in height.

1. Height. The height of a vehicle shall be measured from the lowest point of the tire to the top of the vehicle or trailer roof or skylight, at its highest point. The height shall not include any antenna, but shall include any cab, camper shell, rack, or other device used to contain passengers or cargo that has been placed on the vehicle.

2. Width. The width of a vehicle shall be measured at the widest point of the vehicle or trailer body, including any cab or camper shell that has been placed on the vehicle or trailer, and including any flares around the wheel wells – however, it shall not include any lights, mirrors, door handles, or similar attachments allowed by California Vehicle Code Sections 35109, 35110, or 35111, as same may be amended from time to time.

3. Length. The length of a single vehicle (i.e., no attached trailer) shall be measured from leading edge of the front bumper to the trailing edge of the rear bumper, not including any projecting lights, trailer hitches, or winches.

The length of a combination of vehicles (i.e., vehicle with an attached trailer or camper) shall be measured from the leading edge of the front bumper of the towing vehicle to the trailing edge of the rear bumper or body (whichever is longer) of the towed vehicle or trailer.

B. Irrespective of height, width, or length, any recreational vehicle (as defined by this Chapter).

Irrespective of the height, width, or length, an oversized vehicle shall not include any pickup truck as defined by California Vehicle Section 471 (as that section may be amended from time to time).

Recreational vehicle means:

A. Any attached or unattached camp trailer, camper, fifth wheel travel trailer, house car, mobile home, trailer coach, as defined in California Vehicle Code Sections 242, 243, 324, 362, 396, 635, or successor statutes, or any recreational vehicle, as defined by California Health & Safety Code Section 18010 or successor statute.

B. A boat, dune buggy, all–terrain vehicle (“ATV”) or other motorized or towed vehicle designed, maintained, or used primarily for recreational purposes.

Residential district means any Zone of the City where residential use is permitted as set forth in Title 11 (“Zoning and Development Code”) of the Montclair Municipal Code, as well as any block in which fifty percent (50%) of the structures abutting the public street, alley, or highway are developed for residential use on the ground level. Said dwellings may be single–unit structures or multi–unit structures.

SECTION II. Addition of Chapter 8.38 to Code.

Chapter 8.38 is hereby added to Title 8 (VEHICLES AND TRAFFIC) of the Montclair Municipal Code to read as follows:

Chapter 8.38 — PARKING, STANDING, AND STOPPING OF OVERSIZED AND

RECREATIONAL VEHICLES AND UNATTACHED TRAILERS ON PUBLIC STREETS AND

HIGHWAYS
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8.38.010 – Prohibited Parking on Public Streets, Alleys, and Highways.

A. Prohibited Parking. Unless otherwise exempted by this Section or other applicable law, the stopping, standing, parking, or leaving of any oversized vehicle and/or unattached trailer within the City shall be prohibited as follows:

1. Residential District. Unless otherwise exempted by this Section, no oversized vehicle or unattached trailer shall be stopped, parked, or left standing on any public street, alley, or highway within any Residential District of the City at any time.

2. Non–Residential District.
a. Unless otherwise exempted by this Section, no unattached trailer shall be stopped, parked, or left standing within any non– Residential District at any time.
b. Unless otherwise exempted by this Section, no oversized vehicle shall be stopped, parked, or left standing within any non– Residential District between the hours of 10:00 p.m. and 5:00 a.m. of the succeeding day.

B. Exemptions. Section 8.38.010.A of this Code shall not apply to the following vehicles:

1. Any oversized vehicle, excluding any unattached trailer, actively engaged in loading or unloading of goods, wares, or merchandise from or to any building or structure.
a. oversized vehicles actively engaged in loading or unloading shall park at the street curb immediately adjacent to the residence or building, or within 400 feet of the residence or building if the former area is not available for parking due to curb configuration or codified parking restrictions;

3. Any oversized vehicle or unattached trailer belonging to a Federal, State, or Local governmental agency, or a public utility, while the operator of the vehicle is conducting official business;

5. Any oversized vehicle, excluding any unattached trailer, lawfully parked, stopped, or standing in an authorized commercial loading zone;

6. Any oversized vehicle or unattached trailer involved in an emergency or being repaired under emergency conditions. a. Emergency parking may be allowed for 24 consecutive
hours where an oversized vehicle or unattached trailer is left parked on a public street or highway because of a mechanical breakdown or because of physical incapacity of the driver or owner. However, emergency repairs and/or conditions shall not include routine or normal maintenance, nor extensive mechanical repairs;

7. Any vehicle or unattached trailer engaged in activity allowed under a permit issued by the Department of Public Works.

8. Any recreational vehicle, excluding unattached trailers, displaying a current and valid permit issued pursuant to the provisions of Sections

8.38.030 or 8.38.040 of this Code.

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C. Location. Unless otherwise exempted by law, no oversized vehicle or unattached trailer may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:

1. Is within fifty feet (50’) of any intersection or greater distance as determined by the City Engineer;

2. Is within five feet (5’) of the curb cut of any driveway, or greater distance as determined by the City Engineer;

3. Blocks or hinders a traffic lane;

4. Blocks or interferes with critical sight lines for driveways, alleyways, or streets;

5. Blocks or hinders the visibility of a traffic control device; or

6. Any location, inclusive of the above, where the City Engineer has caused signage to be installed prohibiting the parking of oversized vehicle or unattached trailers to eliminate or mitigate hazardous conditions, or to otherwise comply with provisions of this ordinance.

D. Towing Authority. Pursuant to California Vehicle Code Section 22651(n) (as that provision may be amended from time to time), the Chief of Police, or designee thereof, is hereby authorized to remove any oversized vehicle or unattached trailer (as these terms are defined in this Chapter) that is parked on any street, alley, or highway in violation of this Chapter.

Section 8.38.020 – Notice.

With the exception of as applied to alleys, the prohibitions and restrictions contained in Section 8.38.010 shall not be effective until signs or markings providing adequate notice of the prohibitions and restrictions of Section 8.38.010 have been erected, installed, or placed at City limits and/or other appropriate locations as determined by the City Engineer, in accordance with California Vehicle Code Section 22507.

Section 8.38.030 – Temporary Parking Permit for Recreational Vehicles.

A. In a manner that is consistent with the provisions of this Section, the City Manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits for any resident of the City authorizing the temporary parking of recreational vehicles on a public street.

B. No permit authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the City.

C. Application. Any City resident seeking a permit for the temporary parking of a recreational vehicle on a public street shall submit a completed application, on a City–approved form, to the City Manager (or designee thereof). Said application shall be accompanied by a fee as set by Council resolution, and shall contain, at a minimum, the following:

1. The name and address of the City resident requesting the permit;

2. Proof of residency in a manner approved by the City Manager (or designee thereof);

3. The make and model of the recreational vehicle to be temporarily parked on a public street or highway, along with the Vehicle Identification Number and/or license plate number;

4. Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or highway, or, alternatively, a statement under penalty of perjury that the owner of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the City Manager (or designee thereof);
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5. A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, or other accommodation purposes while parked on the public street;

6. The signature of the resident/applicant; and,

7. Such other information as the City Manager (or designee thereof) deems necessary for the administration and enforcement of this Chapter as specified on the application form required by this Section.

D. Quantity. No more than ten (10) Short–Term RV Permits and two (2) Long–Term RV Permits authorizing the temporary parking of a recreational vehicle on a public street shall be issued relating to any one address in any one calendar year.

E. Duration. No permit issued pursuant to this Section for the temporary parking of a recreational vehicle on a public street shall be valid for a period exceeding the following period of time:

1. Short–Term RV Permit – A Short–Term RV Permit shall be valid for a period of seventy–two (72) consecutive hours.

2. Long–Term RV Permit – A Long–Term RV Permit shall be valid for a period of seven (7) consecutive calendar days.

F. Frequency.

1. No more than one (1) permit of any duration shall be issued and valid at any time for the same address.

2. No permit issued pursuant to this Section for the temporary parking of a recreational vehicle on a public street shall be valid for any period of time within twenty–four (24) hours of the expiration of another permit for the same address.

G. Parking Location. No person shall cause or allow the parking of a recreational vehicle on any public street pursuant to a permit issued under this Section unless it is located on either side of the street of the same block as the resident’s address. Issuance of a permit shall not guarantee a parking space, and parking spaces shall be on a first come, first served basis.

1. Dangerous Traffic Safety Condition. Notwithstanding any permit authorizing the temporary parking of a recreational vehicle on a public street, no recreational vehicle may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:
a. Is within fifty feet (50’) of any intersection, or greater distance as determined by the City Engineer;
b. Is within five feet (5’) of the curb cut of any driveway, or greater distance as determined by the City Engineer;
c. Blocks or hinders a traffic lane;
d. Blocks or interferes with critical sight lines for driveways, alleyways, or streets;
e. Blocks or hinders the visibility of a traffic control device; or f. Any location, inclusive of the above, where the City Engineer has caused signage to be installed prohibiting the parking of oversized vehicle or unattached trailers to eliminate or mitigate hazardous conditions, or to otherwise comply with provisions of this ordinance.

2. Where strict adherence to Subsection 8.38.030.G results in a violation of Subsection 8.38.030.G.1, the City Manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.

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H. Camping or Lodging Prohibited. Recreational vehicles parked on public streets shall not be used for sleeping, cooking, camping, or other residential purposes.

Section 8.38.040 – Disability Parking Permit for Recreational Vehicles.

A. In a manner that is consistent with the provisions of this Section, the City Manager (or designee thereof) is authorized to adopt procedural rules and regulations governing a process for the issuance, denial, and revocation of permits authorizing the temporary parking of recreational vehicles on a public street to any resident of the City who possesses a distinguishing disabled placard or license plate property issued pursuant to the California Vehicle Code.

B. No permit issued pursuant to this Section authorizing the temporary parking of a recreational vehicle on a public street shall issue to any person other than a resident of the City.

1. The name and address of the City resident requesting the permit;

2. Proof of residency in a manner approved by the City Manager (or designee thereof);

3. The make and model of the recreational vehicle to be temporarily parked on a public street, along with the Vehicle Identification Number and/or license plate number;

4. Proof of ownership, lease, or rental of the recreational vehicle to be temporarily parked on a public street or, alternatively, a statement under penalty of perjury that the owner of the recreational vehicle is a bona fide guest of the applicant in a manner approved by the City Manager (or designee thereof);

5. Proof of a valid disabled license plate issued for the recreational vehicle or a disabled placard properly issued pursuant to the California Vehicle Code;

6. Proof in a manner approved by the City Manager (or designee thereof) that the proposed parking location is necessary to provide access to a specific fixed residential address sited with a lawful dwelling unit at which the person resides or to a specific facility or facilities at which the person is employed or receives services;

7. Proof in a manner approved by the City Manager (or designee thereof) that by reason of the disability which warranted issuance of the California distinguishing placard or license plate, the recreational vehicle is specially equipped and necessary to accommodate the disability of the person seeking the permit so that a reasonable modification to the City’s on–street parking regulations is warranted under State and Federal law.

8. A statement under penalty of perjury that the recreational vehicle will not be used for overnight camping, lodging, or other accommodation purposes while parked on the public street;

9. The signature of the resident/applicant; and,

10. Such other information as the City Manager (or designee thereof) deems necessary for the administration and enforcement of this Chapter as specified on the application form required by this Section.

D. Duration. A parking permit issued under the provisions of this Section shall be valid so long as the person remains disabled, but for no longer than twelve (12) months.

E. Renewal. Any person seeking to renew a permit issued pursuant to the provisions of this Section shall submit to the City Manager (or designee thereof) a new MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 17 of 132 FIRST

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application with all information set forth under Subsection 8.38.040.C, accompanied by a fee as set by Council resolution, at least thirty (30) calendar days prior to expiration.

F. Parking Location. No person shall cause or allow the parking of a recreational vehicle on any public street pursuant to a permit issued under this Section unless it is located on either side of the street of the same block as the resident’s address. Issuance of a permit shall not guarantee a parking space, and parking spaces shall be on a first come, first served basis.

1. Dangerous Traffic Safety Condition. Notwithstanding any permit authorizing the temporary parking of a recreational vehicle on a public street, no recreational vehicle may be parked in a location that creates or exacerbates a dangerous traffic safety condition, including, but not limited to, any location that:
a. Is within fifty feet (50’) of an intersection, or greater distance as determined by the City Engineer;
b. Is within five feet (5’) of the curb cut of any driveway, or greater distance as determined by the City Engineer;
c. Blocks or hinders a traffic lane;
d. Blocks or interferes with critical sight lines for driveways, alleyways, or streets;
e. Blocks or hinders the visibility of a traffic control device; or f. Any location, inclusive of the above, where the City Engineer has caused signage to be installed prohibiting the parking of oversized vehicle or unattached trailers to eliminate or mitigate hazardous conditions, or to otherwise comply with provisions of this ordinance.

2. Where strict adherence to Subsection 8.38.040.F results in a violation of Subsection 8.38.040.F.1, the City Manager (or designee thereof) may authorize the temporary parking of a recreational vehicle on a public street in an alternate location.

G. Accessible Parking Designation. Any person seeking approval of and/or utilizing a designated on–street parking space for physically disabled persons shall adhere to the requirements and prohibitions of Chapter 10.60 of this Code.

H. Camping or Lodging Prohibited. Recreational vehicles parking on public streets shall not be used for sleeping, cooking, camping, or other residential purposes.

Section 8.38.050 – Additional Rules, Regulations, Policies, and Procedures and Conditions of Recreational Vehicle Permits.

The City Manager (or designee thereof) shall have the authority to promulgate rules, regulations, policies, and procedures regulating the issuance, use, suspension, and/or revocation of Recreational Vehicle Permits in a manner that is consistent with the purpose of this Chapter and other applicable laws – including the imposition of conditions upon any permit issued pursuant to the provisions of this Chapter.

Section 8.38.060 – Applicability of Other Laws.

A. Nothing in this Chapter, nor any permit or authorization issued pursuant to this Chapter, shall authorize any oversized vehicle or unattached trailer to be parked, stopped, or left standing in violation of any provision of the California Vehicle Code or any other provision of the Montclair Municipal Code. Nor shall any provision of this Chapter limit or preclude the enforcement of any other applicable law.

B. If a vehicle is classified as both an oversized vehicle and a commercial motor vehicle (as each of these terms are defined in Section 8.02.010 of this Code), the more restrictive regulation set forth in this Code pertaining to the stopping, standing, or parking of said vehicle shall apply.

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Section 8.38.070 – Violations and Penalties.

A. It shall be unlawful for any person to park, stop, or leave standing any oversized vehicle or unattached trailer in violation of the provisions of this Chapter or any condition imposed upon any Recreational Vehicle Permit.

B. It shall be unlawful for any person to transfer, sell, rent, or lease any permit issued pursuant to this Chapter or to allow any such permit to be used by any person other than a guest of that person, either with or without consideration, except as authorized by this Chapter or any applicable rule, regulation, policy, procedure, or condition of a permit.

C. It shall be unlawful for any person to borrow, buy, or otherwise acquire a permit issued pursuant to this Chapter, or to use or display any such permit, except as authorized by this Chapter or any applicable rule, regulation, policy, procedure, or condition of a permit.

D. Notwithstanding Section 1.12.010 of this Code, a violation of this Chapter is subject to a civil penalty in accordance with California Vehicle Code Section 40200, except as follows:

1. Any violation of Section 8.38.070.B or of
Section 8.38.070.C shall constitute a misdemeanor offense and shall be punishable in accordance with Section 1.12.010 of this Code.

SECTION III. Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.

SECTION IV. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after passage.

SECTION V. Posting.

The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.

APPROVED AND ADOPTED this XX day of XX, 2025.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 25–1013 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2025, and finally passed not less than five (5) days thereafter on the XX day of XX, 20XX, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX

Andrea M. Myrick
City Clerk
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CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 1, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: B
FILE I.D.: CDV110
DEPT.: COMMUNITY DEV.

PREPARER: S. GUTIERREZ
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 25–1014 AMENDING THE ZONING CODE BY REPEALING AND REPLACING CHAPTER 11.23 OF THE MONTCLAIR

MUNICIPAL CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS IN RESIDENTIAL ZONES (CASE NO. 2025–03) CONSIDER CONTINUING FIRST READING OF ORDINANCE NO. 25–1014 TO TUESDAY, JANUARY 20, 2026, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS REASON FOR CONSIDERATION: The October 20, 2025 City Council meeting agenda included a public hearing to consider the first reading of Ordinance No. 25–1014 amending the Montclair Municipal Code (MMC) regarding Accessory Dwelling Units and Junior Accessory Dwelling Units (ADUs/JADUs). The intent of this ordinance is to align the City’s ADU/JADU regulations with recent legislative changes to State law. At staff’s request, the City Council opened the item for public comment and then continued the first reading of the proposed ordinance to December 1, 2025, to allow for more time to complete revisions to the ordinance to incorporate newly adopted state requirements.

No public comments were received at the October 20 public hearing.

Amending the Municipal Code is done by ordinance of the City Council, which requires two separate readings of a proposed ordinance. The proposed ordinance must be introduced and considered by the City Council as a public hearing, and the first reading of the proposed ordinance could then take place. The City Council must conduct a second reading and adopt the proposed ordinance at a regular meeting held at least five days after the first reading. If substantial changes are made after the first reading, the revised ordinance must be re–introduced for first reading.

Since the revised ordinance differs substantially from the original version that was reviewed by the Planning Commission and presented to the City Council on October 20, the Planning Commission must now review the updated ordinance, scheduled for its December 8, 2025 meeting, prior to City Council consideration. To avoid additional costs associated with advertising a new public hearing notice, the City Council is respectfully requested to proceed with the scheduled public hearing for this item to gather public testimony and formally continue the first reading of Ordinance No. 25– 1014 to the January 20, 2026, regular City Council meeting.

BACKGROUND: In recent years, the California Legislature has approved, and the Governor has signed into law, several bills that, among other things, amended various sections of the GC to impose new limits on local authority to regulate ADUs and JADUs.

In 2024 and 2025, the California Legislature approved, and the Governor signed into law, the following bills which need to be incorporated in the City’s ADU ordinance in order to be consistent with State law:
• AB 2533 (2024) – Unpermitted ADUs and JADUs
• SB 1211 (2024) – ADUs in Multifamily Developments
• AB 1154 (2025) – JADU Owner–Occupancy; Short–Term Rental • SB 543 (2025) – ADU Size; Number of ADUs; Impact Fees; Permitting Timeline MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 20 of 132 A revised ordinance incorporating the most recent legislation will be considered by the Planning Commission during a noticed public hearing at its upcoming regular meeting on December 8, 2025, and its recommendation will be presented to the City Council for consideration on January 20, 2026.

Under §21080.17 of the California Public Resources Code (PRC), adoption of the proposed ordinance is statutorily exempt from the California Environmental Quality Act (CEQA). Under PRC §21080.17, CEQA does not apply to the adoption of an ordinance by a city or county to implement the provisions of §66310 et seq. of the GC (State ADU law).

The proposed ordinance implements GC §66310 et seq. within the City of Montclair in a manner that is consistent with the requirements of State ADU law.

The currently proposed and upcoming amendments are intended to update existing regulations to ensure compliance with Government Code (GC) section (§) 66310 et seq. related to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) constructed in the City. Amending the MMC is required to be consistent with recent State legislation regarding Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) developed within the City. Once amended, the ordinance will comply with GC §65852.2 and §65852.22 et seq., as amended by recent legislation.

Public notice for the City Council public hearing on the proposed ordinance was published in the Inland Valley Daily Bulletin newspaper on September 12, 2025, which advertised the original public hearing on October 20, 2025, and which applies to all future public hearings related to this matter, including any subsequently scheduled hearings. The notice meets the legal notice requirements.

FISCAL IMPACT: The cost for review of future ADU and JADU proposals will be borne by property owners (applicants) at the fee established for review and permits as listed on the City’s Master User Fee Schedule, which is approved and amended from time to time by the City Council.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Accept public comment on Ordinance No. 25–1014 amending the Zoning Code and repealing, and replacing Chapter 11.23 of the MMC relating to Accessory Dwelling Units and Junior Accessory Dwelling Units in residential zones (Case No. 2025–03); and

2. Continue first reading of Ordinance No. 25–1014 to Tuesday, January 20, 2026, at 7:00 p.m. in the City Council Chambers.

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CITY COUNCIL

AGENDA REPORT
DATE: DECEMBER 1, 2025
SECTION: PUBLIC HEARINGS
ITEM NO.: C
FILE I.D.: CDV100
DEPT.: COMMUNITY DEV.

PREPARER: M. WESTERLIN
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 25–1016 AMENDING SPECIFIC CHAPTERS OF TITLE 10 OF THE MONTCLAIR MUNICIPAL CODE RELATED TO THE

ADOPTION OF BUILDING CODES TO REGULATE CONSTRUCTION IN THE CITY OF

MONTCLAIR

CONSIDER SETTING A PUBLIC HEARING FOR SECOND READING AND TO CONSIDER ADOPTION OF ORDINANCE NO. 25–1016 ON MONDAY, DECEMBER 15, 2025, AT 7:00 P.M. IN THE CITY COUNCIL CHAMBERS
REASON FOR CONSIDERATION: Amending the Municipal Code is done by ordinance of the City Council, which requires two separate readings of a proposed ordinance. The proposed ordinance must be introduced and considered by the City Council as a public hearing, and the first reading of the proposed ordinance could then take place. The City Council must conduct a second reading and adopt the proposed ordinance at a regular meeting held at least five days after the first reading. If substantial changes are made after the first reading, the revised ordinance must be re–introduced for first reading.

The City Council is requested conduct the first reading of Ordinance No. 25–1016 amending specific chapters of Title 10 of the Montclair Municipal Code related to adoption of Building Codes to regulate construction in the City of Montclair, a copy of which is attached for City Council review.

The City Council is also requested to set a public hearing for the second reading and to consider adoption of Ordinance No. 25–1016 at its next regular meeting on Monday, December 15, 2025, at 7:00 p.m. in the City Council Chambers.

BACKGROUND: The California Health and Safety Code established a Building Standards Commission with duties to review, approve, codify, and publish building standards every three years. The California Building Standards Code (2025 CBC) includes 12 parts:

Building Vol. 1 & 2, Residential, Administrative, Electrical, Mechanical, Plumbing, Fire, Green, Existing, Historical, and Referenced Standards. The effective date for the 2025 CBC is January 1, 2026. The International Code Council (ICC), upon which the California codes are based and which include additional codes and standards referenced and relied upon by the City, updated its code as of 2024.

Projects submitted on or after January 1, 2026, must comply with these new codes.

Updated State and International Building Codes
The adoption of these Codes regulates the fabrication, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area or other improvements to real property; maintenance of all buildings or structures in the City of Montclair; and provide for the issuance of permits and collection of fees.

MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 22 of 132 Due to the volume of information contained in the complete 2025 CBC and 2024 ICC, the full updated CBC documents can be viewed online at https://www.dgs.ca.gov/bsc/codes and the ICC documents at https://codes.iccsafe.org/codes/i–codes/2024–icodes.

Notable changes to the state and international building codes include:
• Accessory Dwelling Units: Maximum area requirements, and smoke alarm required for sleeping lofts.
• New buildings (Commercial and residential) will require higher energy performance standards.
• Increased requirements for solar panel installation for commercial buildings Systems will now be often paired with battery energy storage systems. • Electric–ready infrastructure is required for new commercial kitchens. • Electrical Vehicle Charging and vehicle lifts in multi–family residential garages for parking to address equipment installation and to ensure that 100 percent of parking spaces will have EV charging receptacles.
• New air balancing requirements for ventilation systems in residential homes. • Water saving provision for temperature–actuated, flow reduction devices for individual water fittings.
• Seismic restraint (straps) required on all appliances (not solely the water heater). • Expansion of Heat Pumps: The new code encourages the use of high–efficiency heat pumps for both space and water heating in newly constructed residential and non–residential buildings. This shift supports California's goal of reducing reliance on natural gas and moving towards an all–electric future. • New Energy efficient mandates called out for Smart Home readiness in residential buildings.
• Enhanced fire sprinkler protection requirements for certain occupancies where battery systems and EV charging equipment may be located. • Updated regulations for Class B roofing materials to ensure higher fire resistance.

Municipal Code Changes
The city is incorporating the new state and international codes by reference and amending Title 10 as needed to update references to the outdated codes, as indicated in “Exhibit A” to the proposed Ordinance.

FISCAL IMPACT: The City Council’s adoption of Ordinance No. 25–1016 would have no fiscal impact.

RECOMMENDATION: Staff recommends the City Council take the following actions:

1. Conduct first reading of Ordinance 25–1016 amending specific chapters of Title 10 of the Montclair Municipal Code related to adoption of Building Codes to regulate construction in the City of Montclair.

2. Set a public hearing for second reading and to consider adoption of Ordinance No. 25–1016 for Monday, December 15, 2025, at 7:00 p.m. in the City Council Chambers.

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Ordinance No. 25–1016 Page 1 of 2
ORDINANCE NO. 25–1016

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING SPECIFIC CHAPTERS OF TITLE 10 OF

THE MONTCLAIR MUNICIPAL CODE AND ADOPTING BY
REFERENCE THE 2025 EDITION OF THE CALIFORNIA
ADMINISTRATIVE CODE; THE 2025 EDITION OF THE
CALIFORNIA BUILDING CODE, VOLUMES 1 AND 2, INCLUDING
APPENDIX CHAPTERS B, I, P AND J; THE 2025 EDITION OF THE CALIFORNIA ELECTRICAL CODE; THE 2025 EDITION OF THE
CALIFORNIA ELECTRICAL CODE; THE 2025 EDITION OF THE

CALIFORNIA FIRE CODE, INCLUDING APPENDIX CHAPTERS B,
BB, C, CC, AND H; THE 2025 EDITION OF THE CALIFORNIA
GREEN BUILDING STANDARDS CODE; THE 2024 EDITION OF
THE INTERNATIONAL PROPERTY MAINTENANCE CODE; THE
2025 EDITION OF THE CALIFORNIA MECHANICAL CODE; THE
2025 EDITION OF THE CALIFORNIA PLUMBING CODE; AND
THE 2025 EDITION OF THE CALIFORNIA RESIDENTIAL CODE,
INCLUDING APPENDIX CHAPTERS I, H AND AX; TOGETHER

WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS, AND

EXCEPTIONS INCLUDING FEES AND PENALTIES
WHEREAS, the California Health and Safety Code establishes a Building Standards Commission whose duties include approval, codification, and publication of building standards in a triennial edition of the California Building Standards Code, commonly called Title 24; and
WHEREAS, the Building Standards Commission also establishes a date that these codes become effective throughout the state; and
WHEREAS, adoption of these codes would regulate the fabrication, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area, or other improvements to real property; maintenance of all buildings or structures in the City of Montclair; and provision for issuance of permits and collection of fees, therefore; and
WHEREAS, Building Standards Code does not include the adoption of procedural ordinances by a city or other agency related to civil, administrative, or criminal procedures and remedies available for enforcing code violations.

NOW, THEREFORE, THE CITY THE CITY COUNCIL OF THE CITY OF MONTCLAIR DOES HEREBY ORDAIN AS FOLLOWS:

SECTION I. Amendments to Code.

Title 10 of the Montclair Municipal Code is hereby amended as provided for in Exhibit “A.”
SECTION II. Severability.

SECTION III. Effective Date.

This Ordinance shall be in full force and effect thirty (30) days after passage.

SECTION IV. Posting.

The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.

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Ordinance No. 25–1016 Page 2 of 2
APPROVED AND ADOPTED this XX day of XX, 2025.

Mayor
ATTEST:

City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 25–1016 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2025, and finally passed not less than five (5) days thereafter on the XX day of XX, 20XX, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX

Andrea M. Myrick
City Clerk
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Exhibit A
to Ordinance No. 25-1016
Amendments to Montclair Municipal Code
Title 10 – BUILDINGS AND CONSTRUCTION
Chapter 10.02 – DEFINITIONS

10.02.010 – Definitions.

New construction means, for the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation or alteration of any building(s) or structure(s) that meet any of the following criteria:
• Fifty percent or more of the exterior weight bearing walls are removed or demolished. • Fifty percent of the wall plate height is raised.
• A story is added that increases the existing floor area by more than 35 percent. • Additions within three years that exceed 50 percent of existing original floor area.

The Building Official shall make the final determination regarding the application of this section.

Chapter 10.04 – ADMINISTRATIVE CODE

UNIFORM CODES FOR THE ABATEMENT OF DANGEROUS
BUILDINGS*1

10.04.010 – Adoption.

That certain document in book form entitled California Administrative Code, 2025 Uniform Code for the Abatement of Dangerous Buildings," 1997 Edition, as prepared and published by the International Code Council, Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, is referred to and by such reference incorporated in this chapter and adopted as a supplement to the Building Code of the City. One copy of the California Administrative Code, certified by the City Clerk of the City, shall be filed and will be is kept on file for use and examination by the public in the office of the Building Official, Office of the Keeper of Records Office in the City and can also be viewed online at https://www.dgs.ca.gov/bsc/codes.

10.04.020 – Administrative Code amendments.

The following portions and sections of the Administrative Code are amended as follows:

Subsection 101.3, "Scope," is hereby amended by adding the following language:

In order to properly maintain and safeguard healthful living conditions and comply with all provisions of the latest adopted codes, It is declared unlawful to use any streetcars, boxcars, house cars, motor bus bodies, or similar means of conveyance, or structures of similar nature of construction, for places of habitation, residence, or place of business in this City provided, however, that nothing contained herein shall prohibit the use of any house trailer or mobile home for places of abode or habitation in an approved mobile home park, provided such structures comply with all other conditions and requirements of this Code.

Subsection 301.2.1, "Building permits," is hereby amended as follows:

Item 2 is hereby deleted in its entirety.

Item 5 is amended to read as follows:

Retaining walls that are not over three feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids.

Item 11 is hereby deleted in its entirety.

Subsection 304.1, "General," is hereby deleted in its entirety and replaced as follows:

Fees shall be assessed in accordance with the Development Review Fee Schedule as established by resolution of the City Council of the City of Montclair. For buildings, structures, electrical, plumbing, mechanical gas or alterations requiring a permit, a fee for each permit shall be paid in accordance with said fee schedule.

Subsection 304.2, "Permit Fees," is hereby deleted in its entirety.

Subsection 304.3, "Plan Review Fees," paragraph one, is hereby deleted in its entirety and replaced as follows:

When submittal documents are required by Subsection 302.2, a plan review fee shall be paid at the time of submittal of documents for plan review. The plan review fee shall be established in the 1 * Prior code history: Prior code Section 8-14.02.

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Development Review Fee Schedule as established by resolution of the City Council of the City of Montclair.

Subsection 304.3, "Plan Review Fees," paragraph two, is hereby deleted in its entirety and replaced as follows:

The plan review fees for electrical, mechanical and plumbing work shall be established in the Development Review Fee Schedule as established by resolution of the City Council of the City of Montclair.

Subsection 304.3, "Plan Review Fees," paragraph three, is hereby deleted in its entirety and replaced as follows:

When a plan for grading work is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Said grading plan review fees are established by resolution of the City Council of the City of Montclair. Separate plan review fees shall apply to retaining walls of major drainage structures as required elsewhere in this Code.

Subsection 304.3, "Plan Review Fees," is hereby amended by adding the following language:

When the City retains a private entity or person to perform plan review, the plan review fee shall be in an amount sufficient to defray the cost of such services, plus a 15 percent fee to cover the cost of administration, but in no case shall the plan review fee be less than the amount specified in this Section.

Subsection 304.5.2, "Fee," is hereby deleted in its entirety and replaced as follows:

Whenever the same person or entity is found to have performed work for which a permit is required without first obtaining said permit four or more times, said investigation fee shall be ten times the fee amount set forth in the adopted Development Review Fee Schedule.

Section 305, "Inspections," is hereby amended by adding the following subsection:
305.9 Workmanship. It is the intention of the City that all construction carried on under the review of the Building Division be of good quality. The Building Official shall be empowered to enforce the installation of work which is straight, level, plumb, square, etc., as the situation requires. All work shall be well fit and of a durable nature. Paint in all cases shall not be below normal standard for the use applied. The proper grading of walks, drives and yards shall be required when being installed with the work requiring a building permit. A minimum thickness of 3½ inches for flat concrete work and 2 inches for asphalt paving shall be required. All exterior flat concrete work shall include such breaks for expansion as deemed necessary by the Building Official.

Section 309, "Certificate of Occupancy," is hereby deleted in its entirety.

Table 3-A, "Building Permit Fees," is hereby deleted in its entirety.

Table 3-B, "Electrical Permit Fees," is hereby deleted in its entirety.

Table 3-C, "Mechanical Permit Fees," is hereby deleted in its entirety.

Table 3-D, "Plumbing Permit Fees," is hereby deleted in its entirety.

Table 3-E, "Elevator Permit Fees," is hereby deleted in its entirety.

Table 3-F, "Elevator Annual Certificates of Inspection Fees," is hereby deleted in its entirety.

Chapter 10.08 – BUILDING CODE

10.08.010 – Adoption.

Except as provided in this chapter, those certain building codes known and designated as the California Building Code, 2022 2025 Edition, Volumes 1 and 2, including Appendix Chapters “B,” "I," “P,” and "J," based on the 2021 2024 International Building Code as published by the International Code Council, shall be and become the Building Code Codes of the City of Montclair for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building and/or structure or any appurtenances connected or attached to such buildings or structures throughout the City. The California Building Code is and its appendix chapters will be on file for public examination in the office of the Building Official. The California Building Code can also be viewed online at https://www.dgs.ca.gov/bsc/codes.

10.08.020 – Building Code amendments.

The following section of Chapter 1, "Scope and Administration, Division I, California Administration," is hereby amended as follows:

1.8.8 Appeals Board. Subsection 1.8.8 is hereby deleted in its entirety. […]
Subsection 104.10 104.12, "Cooperation of Other Officials and Officers," shall be added as follows:
104.10 104.12 Cooperation of Other Officials and Officers. The Building Official may request and shall receive the assistance and cooperation of other officials of this jurisdiction so far as is required in the discharge of the duties required by this Code or other pertinent laws or ordinances.
[…]
Subsection 109.2, "Schedule of permit fees," is hereby amended by adding the following language:

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When submittal documents are required by Section 109, a plan review fee shall be paid at the time of submittal of documents for plan review. Fees shall be assessed in accordance with the Development Review Master User Fee Schedule established by resolution of the City Council.

10.20.010 – Adoption.

Except as provided in this Chapter, the The California Electrical Code, 2022 2025 Edition, based on the 2021 2023 National Electrical Code as published by the National Fire Protection Association, shall be and become the Electrical Code of the City of Montclair, regulating all installation, arrangement, alteration, repair, use, and other operation of electrical wiring, connections, fixtures, and other electrical appliances on premises within the City. The California Electrical Code is on file for public examination in the office of the Building Official, and can also be viewed online at https://www.dgs.ca.gov/bsc/codes.

The 2022 Edition of the California Electrical Code is hereby adopted with no amendments.

10.20.020 – Electrical code amendments.

The 2016 2025 Edition of the California Electrical Code is hereby adopted with no amendments.

10.20.030 – Small residential rooftop solar energy system review process. […]
Electronic submittal means the utilization of one or more of the following:

1. E-mail,.

2. The internet,.

3. Facsimile transmission.
[…]

10.20.040 – Electric vehicle charging systems expedited, streamlined permitting process.
[…]
Electronic submittal means the utilization of one or more of the following:

1. E-mail,

2. The internet,

3. Facsimile transmission.
[…]
Chapter 10.28 – FIRE CODE3

10.28.010 – Adoption.

There is adopted by the City Council a code known as the California Fire Code, 2022 2025 Edition, based on the 2021 2024 International Fire Code, as published by the "International Code Council," and referenced as the California Code of Regulations, Title 24, Part 9, including Appendices B, BB, C, CC, and H. The Except as provided in this chapter, the California Fire Code and its appendix chapters shall regulate the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conservation, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the City for all fire related issues. The California Fire Code will be is on file for public examination in the Office office of the Building Official, and can also be viewed online at https://www.dgs.ca.gov/bsc/codes.

10.28.020 – Scope and administration.

The following portions and sections of Chapter 1, Division II, “Scope and Administration," are hereby amended as follows:

A. Section 112.4 113.4 Violation penalties is hereby revised as follows: Infraction, Misdemeanor, as follows:
112.4 113.4 Violation penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of 2 Prior code history: Prior code Section 8-3.02.
3 Editor's note— Ord. No. 19-988, § V, adopted December 16, 2019, repealed ch. 10.28, §§ 10.28.010—10.28.060, 10.28.090—

10.28.320, and enacted a new ch. 10.28, §§ 10.28.010—10.28.050, as set out herein. The former chapter pertained to similar subject matter and derived from prior code §§ 4-3.201—4-3.206, 4-3.301, 4-3.303—4-3.315, 4-3.318, 4-3.319; Ord. 99-790 (part); Ord. 99-791 Exh. A (part); Ord. 02-824 §§ 2, 3 (part); Ord. 07-900 §§ 2, 3 (part); Ord. No. 10-919, §§ 3, 4, adopted Jan. 3, 2011; Ord. No. 13-939, §§ 3, 4, adopted Jan. 6, 2014; and Ord. No. 17-964, §§ 5—7, adopted Feb. 21, 2017.

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a permit or certificate used under provisions of this code, shall be guilty of either a misdemeanor, infraction or both as prescribed in Section 112.4.2 113.4.2 and 112.4.3 113.4.2. Penalties shall be as prescribed in local ordinance. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

B. Sections 112.4.2 113.4.2 Infraction is hereby added as follows:
112.4.2 113.4.2 Infraction. Except as provided in Section 112.4.3 113.4.3, persons operating or maintaining any occupancy, premises or vehicle subject to this code that shall permit any fire or life safety hazard to exist on premises under their control shall be guilty of an infraction.

C. Sections 112.4.3 113.4.3 Misdemeanor is hereby added as follows:
112.4.3 113.4.3 Misdemeanor. Persons who fail to take immediate action to abate a fire or life safety hazard when ordered or notified to do so by the chief or a duly authorized representative, or who violate the following sections of this code, shall be guilty of a misdemeanor:
(1) 104.12.2 104.11.2 Obstructing operations
(2) 104.12.3 104.11.3 Systems and Devices
(3) 109.6 110.6 Overcrowding
(4) 112.3.2 113.3.2 Compliance with Orders and Notices
(5) 113.4 114.4 Failure to comply
(6) 305.4 Deliberate or negligent burning
(7) 308.1.2 Throwing or placing sources of ignition
(8) 310.7 Burning Objects
(9) 3108.4 3107.4 Open or exposed flames

10.28.022 – Definitions.
[…]
New construction means for the purposes of enforcing the provisions of the California Fire Code, California Building Code, and the California Residential Building Code, any work, addition to, remodel, repair, renovation, or alteration of any building(s) or structure(s) may be defined as "new construction" when:
• Fifty percent or more of the exterior weight bearing walls are removed or demolished; • Fifty percent of the wall plate height is raised;
• When a story is added that increases the existing floor area by more than 35 percent; • Additions within three years that exceed 50 percent of existing original floor area.

The Building Official shall make the final determination regarding the application of this section

10.28.024 – Emergency Planning and Preparedness.

Only the following sections of Chapter 4 of the California Fire Code are adopted:
• 401—401.9
• 402
• 403
• 403.1
• 403.4—403.4.4 404.1
• 403.10.2.1.1 404.5
• 403.12—403.12.3 404.5-404.6.6
• 404.5—404.6.6 405
• 406
• 407

10.28.025 – Fire service features.

The following section Chapter 5 of the California Fire Code, Fire Service Features, Chapter 5 of the California Fire Code is adopted in its entirety with the following amendments:
[…]
B. Section 503.2.1 Dimensions is revised as follows:

DB. Fire Service Features is adopted in its entirety with the following amendment: Section 501.3 Construction documents is revised as follows:
501.3 Construction documents. Construction documents for proposed fire apparatus access, location of fire lanes, security gates across fire apparatus roads and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. The design shall be in accordance MONTCLAIR CITY COUNCIL MEETING – 12/01/2025 Page 29 of 132 FIRST

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with this code, national standards, and the City of Montclair Guideline for Fire Department Access & Water Requires for Commercial & Residential Development, and the City of Montclair Guideline for Underground Piping for Private Hydrants & Sprinkler Supply Line.

C. Section 503.2.1 Dimensions is revised as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). The width is measured flow-line to flow-line.

CD. Section 504.5 Escape Windows is added as follows:
[…]
Chapter 10.30 – GREEN BUILDING STANDARDS CODE

10.30.010 – Adoption.

Except as provided in this chapter, the California Green Standards Code, 2022 2025 Edition, as published by the California Building Standards Commission, shall be and become the Green Building Standards Code of the City of Montclair, regulating and controlling the planning, design, operation, use and occupancy of every newly constructed building or structure in the City. The California Green Building Standards Code shall be on file for public examination in the office of the Building Official, and can be viewed online at https://www.dgs.ca.gov/bsc/codes.

10.30.020 – Green Building Standards Code amendments.

The 2022 2025 Edition of the California Green Building Standards Code is hereby adopted with no amendments.

Chapter 10.32 – PROPERTY MAINTENANCE CODE4

10.32.010 – Adoption.

Except as provided in this chapter of the The International Property Maintenance Code, 2022 2024 Edition, as published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478, is referenced to and, by such reference, incorporated in this chapter and adopted as the Property Maintenance Code of the City of Montclair., except as certain portions are hereinafter specifically amended. One copy of the International Property Maintenance Code certified by the City Clerk of the City of Montclair shall be filled filed and kept in the Building Division office of the Building Official for use and examination by the public, and can also be viewed online at https://codes.iccsafe.org/codes/i-codes/2024-icodes.

The 2021 Edition of the International Property Maintenance Code is hereby adopted with no amendments.

Chapter 10.36 – MECHANICAL CODE5

10.36.010 – Adoption.

Except as provided in this chapter, the The California Mechanical Code, 2022 2025 Edition, based on the 2022 2024 Uniform Mechanical Code as published by the International Association of Plumbing and Mechanical Officials (IAPMO), shall be and become the Mechanical Code of the City of Montclair, regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, and other miscellaneous heat-producing appliances. The California Mechanical Code is on file for public examination in the office of the Building Official, and can also be viewed online at https://www.dgs.ca.gov/bsc/codes.

10.36.020 – Mechanical Code amendments.

The 2022 2025 Edition of the California Mechanical Code is hereby adopted with no amendments.

Chapter 10.40 – PLUMBING CODE6

10.40.010 – Adoption.

Except as provided in this chapter, the California Plumbing Code, 2022 2025 Edition, based on the 2021 2024 International Plumbing Code as published by the International Association of Plumbing and Mechanical Officials (IAMPO) shall be and become the Plumbing Code of the City of Montclair, regulating erection, installation, alteration, repair, relocation, replacement, maintenance, or use of plumbing systems 4 Editor's note(s)—Ord. No. 17-964, § 9, adopted February 21, 2017, repealed the former Chapter 10.32, § 10.32.010, and enacted a new Chapter 10.32 as set out herein. The former Chapter 10.32 pertained to the housing code and derived from prior code § 8-

7.01; Ord. No. 99-789; Ord. No. 99-791 and Ord. No. 02-825. 5 Editor's note(s)—Ord. No. 10-918, § 6, adopted November 15, 2010, repealed the former Chapter, §§ 10.36.010 and 10.36.020, and enacted a new Chapter 10.36 as set out herein. The former Chapter 10.36 pertained to similar subject matter and derived from Ord. No. 07-899.
6 Editor's note(s)—Ord. No. 10-918, § 6, adopted November 15, 2010, repealed the former Chapter 10.40, §§ 10.40.010 and

10.40.020, and enacted a new Chapter 10.40 as set out herein. The former Chapter 10.40 pertained to similar subject matter and derived from Ord. No. 07-899.

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within the City. The California Plumbing Code is on file for public examination in the office of the Building Official, and is also available to view online at https://www.dgs.ca.gov/bsc/codes.

10.40.020 –Plumbing Code amendments.

The 2022 2025 Edition of the California Plumbing Code is hereby adopted with no amendments.

Chapter 10.42 – RESIDENTIAL BUILDING CODE

10.42.010 – Adoption.

Except as provided in this chapter, the California Residential Code, 2022 2025 Edition, based on the 2021 2024 International Residential Code, including Appendix Chapters "I," "H," and "AX," based on the 2021 International Residential Code, as published by the California Building Standards Commission, shall be and become the Residential Building Code of the City of Montclair, regulating construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every detached one- and two-family dwelling and townhouse not more than three stories above grade in height with a separate means of egress and structures accessory thereto in the City. The California Residential Code is on file for public examination in the office of the Building Official, and can be viewed online at https://www.dgs.ca.gov/bsc/. […]
Chapter 10.46 – ABANDONED AND VACANT PROPERTY

REGISTRATION AND MAINTENANCE
[…]

10.46.070 – Security requirements.

A. Real properties that are subject to registration pursuant to this chapter (and buildings or structures thereon) shall be secured within 72 hours of becoming abandoned, vacant, or showing evidence of vacancy in a manner to prevent access by unauthorized persons including, but not limited to, the closure, locking, and/or boarding of windows, doors, gates, or other openings of such a size that it may allow a child to access the interior of the real property and/or buildings or structures located thereon (including garage structures or detached accessory structures).

1. No window, door, or other opening shall be boarded without prior written approval of the Building Official Fire Chief (or his or her designee); and when such approval has been granted, the boarding of any window, door, or other opening shall be completed to a minimum of the current United States Department of Housing and Urban Development (HUD) and local securing standards at the time the boarding is completed or required and shall be consistent with the requirements of this chapter.
[…]
Chapter 10.56 – ADMINISTRATIVE CODE

10.56.010 – Adoption.

That certain document in book form entitled "Uniform Administrative Code, 1997 Edition," as prepared by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, is referenced to, and by such reference incorporated in this chapter and adopted as the Administrative Code of the City; except as certain portions are hereinafter specifically amended. One copy of the Uniform Administrative Code, certified by the City Clerk of the City, shall be filed and will be kept on file for use and examination by the public at the City of Montclair, 5111 Benito Street, Montclair, California.

10.56.020 Administrative Code amendments.

The following portions and sections of the Administrative Code are amended as follows:

Subsection 101.3, "Scope," is hereby amended by adding the following language:

Subsection 301.2.1, "Building permits," is hereby amended as follows:

Item 2 is hereby deleted in its entirety.

Item 5 is amended to read as follows:

Retaining walls that are not over three feet in height, measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II, or III-A liquids.

Item 11 is hereby deleted in its entirety.

Subsection 304.1, "General," is hereby deleted in its entirety and replaced as follows:

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Subsection 304.2, "Permit Fees," is hereby deleted in its entirety.

Subsection 304.3, "Plan Review Fees," paragraph one, is hereby deleted in its entirety and replaced as follows:

When submittal documents are required by Subsection 302.2, a plan review fee shall be paid at the time of submittal of documents for plan review. The plan review fee shall be established in the Development Review Fee Schedule as established by resolution of the City Council of the City of Montclair.