Agenda packet — Ontario City Council, March 15, 2022 (part 10 of 10)

303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

LAND DEVELOPMENT DIVISION

CONDITIONS OF APPROVAL
Date Prepared: 11/18/2021
File No: PMTT21-010
Related Files: PDEV21-018
Project Description: A Parcel Map to subdivide 95.35 acres of land into three parcels to facilitate the construction of two industrial buildings on land located at 1425 South Toyota Way, on the southeast corner of Jurupa Street and Milliken Avenue, within the Industrial Mixed use and Warehouse/Distribution land use districts of the Toyota Ontario Business Park Specific Plan; (APN:
0238-121-75) submitted by MIG, Inc.

Prepared By: Edmelynne V. Hutter, Senior Planner
Phone: 909.395.2429 (direct)
Email: [email protected]
The Planning Department, Land Development Section, conditions of approval applicable to the above-described Project, are listed below. The Project shall comply with each condition of approval listed below:

1.0 Standard Conditions of Approval. The project shall comply with the Standard Conditions for New Development, adopted by City Council Resolution No. 2017-027 on April 18, 2017. A copy of the Standard Conditions for New Development may be obtained from the Planning Department or City Clerk/Records Management Department.

2.0 Special Conditions of Approval. In addition to the Standard Conditions for New Development identified in condition no. 1.0, above, the project shall comply with the following special conditions of approval:

2.1 Time Limits.
(a) Tentative Parcel Map approval shall become null and void 2 years following the effective date of application approval, unless the final parcel map has been recorded, or a time extension has been approved by the Planning Commission pursuant to Development Code Section 2.02.025 (Time Limits and Extensions). This Permit does not supersede any individual time limits specified herein for performance of specific conditions or improvements.

2.2 Subdivision Map.
(a) The Final Parcel Map shall be in conformance with the approved Tentative Parcel Map on file with the City. Variations rom the approved Tentative Parcel Map may be reviewed and approved by the Planning Department. A substantial variation from the approved Tentative Parcel Map may require review and approval by the Planning Commission, as determined by the Planning Director.
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Planning Department – Land Development Division
Conditions of Approval
File No.: PMTT21-010

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(b) Tentative Parcel Map approval shall be subject to all conditions, requirements and recommendations from all other departments/agencies provided on the attached reports/memorandums.
(c) Pursuant to California Government Section 66474.9, the subdivider agrees that it will defend, indemnify, and hold harmless the City of Ontario or its agents, officers and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul any approval of the City of Ontario, whether by its City Council, Planning Commission or other authorized board or officer of this subdivision, which action is brought within the time period provided for in Government Code Section 66499.37. The City of Ontario shall promptly notify the subdivider of any such claim, action or proceeding and the City of Ontario shall cooperate fully in the defense.

2.3 General Requirements. The Project shall comply with the following general requirements:
(a) All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, utility and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Planning Department. (b) The project site shall be developed in conformance with the approved plans on file with the City. Any variation from the approved plans must be reviewed and approved by the Planning Department prior to building permit issuance. (c) The herein-listed conditions of approval from all City departments shall be included in the construction plan set for project, which shall be maintained on site during project construction.

2.4 Covenants, Conditions and Restrictions (CC&Rs)/Mutual Access and Maintenance Agreements.
(a) CC&Rs shall be prepared for the Project and shall be recorded prior to the issuance of a building permit.
(b) The CC&Rs shall be in a form and contain provisions satisfactory to the City.

The articles of incorporation for the property owners association and the CC&Rs shall be reviewed and approved by the City.
(c) CC&Rs shall ensure reciprocal parking and access between parcels. (d) CC&Rs shall ensure reciprocal parking and access between parcels, and common maintenance of:
(i) Landscaping and irrigation systems within common areas; (ii) Landscaping and irrigation systems within parkways adjacent to the project site, including that portion of any public highway right-of-way between the property line or right-of-way boundary line and the curb line and also the area enclosed within the curb lines 2330
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Conditions of Approval
File No.: PMTT21-010

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of a median divider (Ontario Municipal Code Section 7-3.03), pursuant to Ontario Municipal Code Section 5-22-02;
(iii) Shared parking facilities and access drives; and
(iv) Utility and drainage easements.
(e) CC&Rs shall include authorization for the City’s local law enforcement officers to enforce City and State traffic and penal codes within the project area. (f) The CC&Rs shall grant the City of Ontario the right of enforcement of the CC&R provisions.
(g) A specific methodology/procedure shall be established within the CC&Rs for enforcement of its provisions by the City of Ontario, if adequate maintenance of the development does not occur, such as, but not limited to, provisions that would grant the City the right of access to correct maintenance issues and assess the property owners association for all costs incurred.

2.5 Environmental Review.
(a) The environmental impacts of this project were reviewed in conjunction with an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140). This application introduces no new significant environmental impacts. The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference. All previously adopted mitigation measures shall be a condition of project approval, as they are applicable, and are incorporated herein by this reference.
(b) If human remains are found during project grading/excavation/ construction activities, the area shall not be disturbed until any required investigation is completed by the County Coroner and Native American consultation has been completed (if deemed applicable).
(c) If any archeological or paleontological resources are found during project grading/excavation/construction, the area shall not be disturbed until the significance of the resource is determined. If determined to be significant, the resource shall be recovered by a qualified archeologist or paleontologist consistent with current standards and guidelines, or other appropriate measures implemented.

2.6 Indemnification. The applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul any approval of the City of Ontario, whether by its City Council, Planning Commission or other authorized board or officer. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense. 2331
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Conditions of Approval
File No.: PMTT21-010

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2.7 Additional Fees.
(a) Within 5 days following final application approval, the Notice of Determination (“NOD”) filing fee shall be provided to the Planning Department. The fee shall be paid by check, made payable to the "Clerk of the Board of Supervisors", which shall be forwarded to the San Bernardino County Clerk of the Board of Supervisors, along with all applicable environmental forms/notices, pursuant to the requirements of the California Environmental Quality Act (“CEQA”). Failure to provide said fee within the time specified may result in a 180-day extension to the statute of limitations for the filing of a CEQA lawsuit. (b) After the Project’s entitlement approval, and prior to issuance of final building permits, the Planning Department’s Plan Check and Inspection fees shall be paid at the rate established by resolution of the City Council.
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CITY OF ONTARIO

MEMORANDUM
TO: Edmelynne Hutter, Senior Planner
Planning Department
FROM: Mike Gerken, Deputy Fire Chief/Fire Marshal
Fire Department
DATE: May 24, 2021
SUBJECT: PMTT21-010 - A Parcel Map to subdivide 13.07 acres of land into three (3) parcels located at southeast corner of Jurupa Street and Milliken Avenue, within the Office/R-D and Warehouse/Distribution land use districts of the Toyota Business Park Specific Plan (APN(s): 0238-121-75).

Related File(s): PDEV21-018.

The plan does adequately address Fire Department requirements at this time.

Standard Conditions of Approval apply, as stated below.

SITE AND BUILDING FEATURES:

A. 2019 CBC Type of Construction: Type III-B
B. Type of Roof Materials: Panelized
C. Ground Floor Area(s): Building A = 113,067 Sq. Ft.

Building B = 48,205 Sq. Ft.

D. Number of Stories: 1 with Mezzanine
E. Total Square Footage: Building A = 118,067 Sq. Ft.

Building B = 50,705 Sq. Ft.

F. 2019 CBC Occupancy Classification(s): B/S1/F1
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CONDITIONS OF APPROVAL:

1.0 GENERAL

1.1 The following are the Ontario Fire Department (“Fire Department”) requirements for this development project, based on the current edition of the California Fire Code (CFC), and the current versions of the Fire Prevention Standards (“Standards.”) It is recommended that the applicant or developer transmit a copy of these requirements to the on-site contractor(s) and that all questions or concerns be directed to the Bureau of Fire Prevention, at (909) 395-2029.

For copies of Ontario Fire Department Standards please access the City of Ontario website at www.ontarioca.gov/Fire/Prevention.

1.2 These Fire Department conditions of approval are to be included on any and all construction drawings.

2.0 FIRE DEPARTMENT ACCESS

2.1 Fire Department vehicle access roadways shall be provided to within 150 ft. of all portions of the exterior walls of the first story of any building, unless specifically approved. Roadways shall be paved with an all-weather surface and shall be a minimum of twenty-four (24) ft. wide.

See Standard #B-004.

2.2 In order to allow for adequate turning radius for emergency fire apparatus, all turns shall be designed to meet the minimum twenty five feet (25’) inside and forty-five feet (45’) outside turning radius per Standard #B-005.

2.3 Fire Department access roadways that exceed one hundred and fifty feet (150’) in length shall have an approved turn-around per Standard #B-002.

2.4 Access drive aisles which cross property lines shall be provided with CC&Rs, access easements, or reciprocating agreements, and shall be recorded on the titles of affected properties, and copies of same shall be provided at the time of building plan check.

2.5 "No Parking-Fire Lane" signs and /or red painted curbs with lettering are required to be installed in interior access roadways, in locations where vehicle parking would obstruct the minimum clear width requirement. Installation shall be per Standard #B-001.

2.6 Security gates or other barriers on fire access roadways shall be provided with a Knox brand key switch or padlock to allow Fire Department access. See Standards #B-003, B-004 and H001.

2.7 Any time PRIOR to on-site combustible construction and/or storage, a minimum twenty-four (24) ft. wide circulating all weather access roads shall be provided to within 150 ft. of all portions of the exterior walls of the first story of any building, unless specifically approved by fire department and other emergency services.
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3.0 WATER SUPPLY

3.1 The required fire flow per Fire Department standards, based on the 2019 California Fire Code, Appendix B, is 3750 gallons per minute (g.p.m.) for 4 hours at a minimum of 20 pounds per square inch (p.s.i.) residual operating pressure.

3.2 Off-site (public) fire hydrants are required to be installed on all frontage streets, at a minimum spacing of three hundred foot (300’) apart, per Engineering Department specifications.

3.3 Buildings that exceed 100,000 square feet in floor area shall provide an onsite looped fire protection water line around the building(s.) The loops shall be required to have two or more points of connection from a public circulating water main.

3.4 The public water supply, including water mains and fire hydrants, shall be tested and approved by the Engineering Department and Fire Department prior to combustible construction to assure availability and reliability for firefighting purposes.

4.0 FIRE PROTECTION SYSTEMS

4.3 An automatic fire sprinkler system is required. The system design shall be in accordance with National Fire Protection Association (NFPA) Standard 13. All new fire sprinkler systems, except those in single family dwellings, which contain twenty (20) sprinkler heads or more shall be monitored by an approved listed supervising station. An application along with detailed plans shall be submitted, and a construction permit shall be issued by the Fire Department, prior to any work being done.

4.5 Fire Department Connections (FDC) shall be located on the address side of the building within one hundred fifty feet (150’) of a public fire hydrant on the same side of the street. Provide identification for all fire sprinkler control valves and fire department connections per Standard #D-007. Raised curbs adjacent to Fire Department connection(s) shall be painted red, five feet either side, per City standards.

4.6 A fire alarm system is required. The system design shall be in accordance with National Fire Protection Association (NFPA) Standard 72. An application along with detailed plans shall be submitted, and a construction permit shall be issued by the Fire Department, prior to any work being done.

4.7 Portable fire extinguishers are required to be installed prior to occupancy per Standard #C-001.

Please contact the Fire Prevention Bureau to determine the exact number, type and placement required.

5.0 BUILDING CONSTRUCTION FEATURES

5.1 The developer/general contractor is to be responsible for reasonable periodic cleanup of the development during construction to avoid hazardous accumulations of combustible trash and debris both on and off the site.

5.2 Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Homes 2350
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that do not front street shall be provided with an address entry sign at the street. Address numbers shall contrast with their background. See Section 9-1 6.06 of the Ontario Municipal Code and Standards #H-003 and #H-002.

5.6 Knox ® brand key-box(es) shall be installed in location(s) acceptable to the Fire Department.

All Knox boxes shall be monitored for tamper by the building fire alarm system. See Standard #H-001 for specific requirements.

5.7 Placards shall be installed in acceptable locations on buildings that store, use or handle hazardous materials in excess of the quantities specified in the CFC. Placards shall meet the requirements of National Fire Protection Association (NFPA) Standard 704. 2351

CITY OF ONTARIO

MEMORANDUM
TO: Edmelynne Hutter, Senior Planner
FROM: Officer Bill Lee, Police Department
DATE: May 19, 2021
SUBJECT: PMTT21-010- A DEVELOPMENT PLAN TO CONSTRUCT TWO (2) INDUSTRIAL BUILDINGS TOTALING 168,772 SQUARE FEET,

LOCATED AT THE SOUTHEAST CORNER OF JURUPA STREET AND
MILLIKEN AVENUE. RELATED FILE: PDEV21-018.

The “Standard Conditions of Approval” contained in Resolution No. 2017-027 apply. The applicant shall read and be thoroughly familiar with these conditions, including, but not limited to, the requirements below.
 Required lighting for all walkways, driveways, doorways, parking lots, hallways and other areas used by the public shall be provided. Lights shall operate via photosensor.

Photometrics shall be provided to the Police Department and include the types of fixtures proposed and demonstrate that such fixtures meet the vandal-resistant requirement.

Planned landscaping shall not obstruct lighting.
 Rooftop addresses shall be installed on the buildings as stated in the Standard Conditions.

The numbers shall be at a minimum 6 feet tall and 2 foot wide, in reflective white paint on a flat black background, and oriented with the bottom of the numbers towards the addressed street. Associated letters shall also be included.
 The Applicant shall comply with construction site security requirements as stated in the Standard Conditions.

The Applicant is invited to contact Officer Bill Lee at (909) 408-1672 with any questions or concerns regarding these conditions.
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PDEV21-018& PMTT21-010
SEC Jurupa Street & Milliken Avenue
0238-121-75
Vacant and Industrial Building
Development Plan to construct 2 industrial buildings totaling 168,772 SF and Tentative Parcel Map to subdivide 13.07 acres into 3 parcels

13.07 n/a
ONT
The proposed project is located within the Airport Influence Area of Ontario International Airport (ONT) and was evaluated and found to be consistent with the policies and criteria of the Airport Land Use Compatibility Plan (ALUCP) for ONT.
✔
✔
✔ ✔
Lorena Mejia
909-395-2276
Edmelynne Hutter
July 6, 2021
2021-030
n/a
41 FT
✔
200 FT +
✔
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RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,

CALIFORNIA, DENYING THE APPEAL OF THE PLANNING
COMMISSION’S DECISION TO APPROVE FILE NO. PDEV21-018, A

DEVELOPMENT PLAN TO CONSTRUCT TWO INDUSTRIAL BUILDINGS
TOTALING 168,772 SQUARE FEET AND ASSOCIATED SITE
IMPROVEMENTS ON 13.07 ACRES OF LAND LOCATED AT THE

SOUTHEAST CORNER OF JURUPA STREET AND MILLIKEN AVENUE,
AT 1425 SOUTH TOYOTA WAY, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0238-121-75.

WHEREAS, MIG, INC. (hereinafter referred to as "Applicant") filed an Application for the approval of a Development Plan, File No. PDEV21-018, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 13.07 acres of land generally located at the southeast corner of Jurupa Street and Milliken Avenue, at 1425 South Toyota Way within the Toyota Ontario Business Park Specific Plan zoning district, and is presently vacant; and
WHEREAS, the properties to the north are within the California Commerce Center Specific Plan zoning district and are developed with warehouse and commercial uses.

The properties to the south are within the Entratter Industrial Specific Plan and the IG (General Industrial) zoning district and are developed with warehouse uses. The land to the east is the Interstate 15 freeway. The properties to the west are within the California Commerce Center Specific Plan and are developed with light industrial and business park uses; and
WHEREAS, the Applicant is proposing to construct two industrial buildings totaling 168,772 square feet, and associated site improvements, on the vacant land, at the northwest corner of the Specific Plan area; and
WHEREAS, the Application was submitted in conjunction with Tentative Parcel Map No. 20147, File No. PMTT21-010, to subdivide the Project site into three parcels to facilitate the development of the proposed Project with an industrial building on each vacant parcel (Parcels 2 and 3); and
WHEREAS, proposed Building A on Parcel 2 is the larger of the two new buildings, at a total of 118,067 square feet, and proposed Building B on Parcel 3 totals 50,705 square feet; and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and an initial study has been prepared to analyze possible environmental impacts; and 2354
WHEREAS, The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140) was certified on January 27, 2010, (hereinafter referred to as “Certified EIR”), in which development and use of the Project site was discussed; and WHEREAS, the Planning Director of the City of Ontario prepared and approved for attachment to the certified Environmental Impact Report, an Addendum to the Certified EIR (hereinafter referred to as “EIR Addendum”) in accordance with the requirements of the California Environmental Quality Act of 1970, together with State and local guidelines implementing said Act, all as amended to date (collectively referred to as “CEQA”); and WHEREAS, the environmental impacts of this project were thoroughly analyzed in the EIR Addendum, which concluded that implementation of the Project could result in a number of significant effects on the environment that were previously analyzed in the Certified EIR, and that the Certified EIR identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act — Public Resources Code Section 21000 et seq. — (hereinafter referred to as "CEQA") and an EIR Addendum has been prepared to determine possible environmental impacts; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (“ALUCP”), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
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WHEREAS, on December 10, 2021, and December 17, 2021, the Planning Department sent public hearing notices to property owners within 300 feet of the project site via first class mail and to Supporters Alliance for Environmental Responsibility (hereinafter referred to as Appellant) via email, respectively, informing the recipient of the Project’s upcoming public hearing; and
WHEREAS, on December 20, 2021, the Development Advisory Board of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Decision No. DAB21-061, recommending that the Planning Commission approve the Project; and
WHEREAS, on December 20, 2021, the Planning Commission of the City of Ontario conducted a hearing to consider the associated EIR Addendum and the Project, and concluded said hearing on that date, voting to issue Resolution No. PC21-088, approving the Project; and
WHEREAS, on December 30, 2021, the Appellant filed an Appeal, through email, of the Planning Commission’s decision to approve File No. PDEV21-018; and WHEREAS, the Ontario Development Code, Division 2.01 (Appeals), Sections

2.01.010.B.1 and B.2, state that an appeal shall include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority; and that an appeal of an action shall be limited to those matters raised during the hearing and contained in the appeal statement; and
WHEREAS, the City Council is the Appeal Authority for Planning Commission decisions; and
WHEREAS, the basis of the Appellant’s appeal is a statement that the Addendum to The Ontario Plan Environmental Impact Report prepared for the Project fails to comply with the California Environmental Quality Act; and
WHEREAS, the Appellant did not provide any facts or reasons to support their assertion that the Project Addendum fails to comply with the California Environmental Quality Act and did not include a relief request from the Appeal Authority; and WHEREAS, the Appellant failed to raise their concerns during the public hearing or provide written notice of their concerns prior to the public hearing and therefore the City Council cannot consider the appeal statement; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on March 15, 2022, the City Council of the City of Ontario conducted a hearing to consider the Appeal, and concluded said hearing on that date; and 2356
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the City Council of the City of Ontario, as follows:

SECTION 1. Environmental Determination and Findings. As the decisionmaking body for the Project, the City Council has reviewed and considered the information contained in the Addendum, the initial study, and the administrative record for the Project, including all written and oral evidence provided during the comment period.

Based upon the facts and information contained in the Addendum, the initial study, and the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The environmental impacts of the Project were reviewed in conjunction with an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140), certified by the Ontario City Council on January 27, 2010, in conjunction with File No. PGPA06-001; and
(2) The EIR Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(3) The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts; and (4) All previously adopted mitigation measures shall be a condition of project approval, as they are applicable to the Project, and are incorporated herein by this reference; and
(5) The EIR Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the City Council; and
(6) There is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts.

SECTION 2. Subsequent or Supplemental Environmental Review Not Required. Based on the EIR Addendum, all related information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
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(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:
(a) The Project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or (d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt SECTION 3. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Project, the City Council finds that based upon the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

SECTION 4. Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport (“ONT”), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP compatibility factors, including [1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] 2358
Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2-3), [3] Airspace protection Zones (ALUCP Map 2-4), and [4] Overflight Notification Zones (ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP.

SECTION 5. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 and 4, above, the City Council hereby concludes as follows:
(1) The proposed development at the proposed location is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The proposed Project is located within the Industrial land use district of the Policy Plan Land Use Map, and the Toyota Ontario Business Park Specific Plan zoning district. The development standards and conditions under which the proposed Project will be constructed and maintained, is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. (2) The proposed development is compatible with those on adjoining sites in relation to location of buildings, with particular attention to privacy, views, any physical constraint identified on the site and the characteristics of the area in which the site is located. The Project has been designed consistent with the requirements of the City of Ontario Development Code and the Toyota Ontario Business Park Specific Plan zoning district, including standards relative to the particular land use proposed (industrial), as-well-as building intensity, building and parking setbacks, building height, number of off-street parking and loading spaces, on-site and off-site landscaping, and fences, walls and obstructions.
(3) The proposed development will complement and/or improve upon the quality of existing development in the vicinity of the project and the minimum safeguards necessary to protect the public health, safety and general welfare have been required of the proposed project. The Development Advisory Board has required certain safeguards, and impose certain conditions of approval, which have been established to ensure that: [i] the purposes of the Toyota Ontario Business Park Specific Plan are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan, and the California Commerce Center Specific Plan. (4) The proposed development is consistent with the development standards and design guidelines set forth in the Development Code, or applicable specific plan or planned unit development. The proposed Project has been reviewed for consistency with the general development standards and guidelines of the Toyota Ontario Business Park Specific Plan that are applicable to the proposed Project, including building intensity, building and parking setbacks, building height, amount of off-street 2359
parking and loading spaces, parking lot dimensions, design and landscaping, bicycle parking, on-site landscaping, and fences and walls, as-well-as those development standards and guidelines specifically related to the particular land use being proposed (industrial). As a result of this review, the Development Advisory Board has determined that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the development standards and guidelines described in the California Commerce Center Specific Plan.
(5) The Ontario Development Code specifies the Appeal process and requirements for filing an appeal. The Ontario Development Code requires that an appeal shall include a statement identifying the specific action or decision of the Approving Authority that is being appealed, the specific grounds for the appeal, and the relief requested from the Appeal Authority; and that an appeal of an action shall be limited to those matters raised during the hearing and contained in the appeal statement. (6) The submitted Appeal does not include specific grounds for the appeal and the relief requested from the Appeal Authority. The submitted Appeal did not provide any specific facts or reasons to support their assertion that the Project Addendum fails to comply with the California Environmental Quality Act and did not include a relief request from the Appeal Authority.
(7) The Appeal assertion that the Project Addendum fails to comply with the California Environmental Quality Act was not raised during the public hearing.

The Appellant failed to raise their concerns regarding the Project Addendum compliance with the California Environmental Quality Act during the public hearing or provide written notice of their concerns prior to the public hearing.

SECTION 6. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby UPHOLDS THE PLANNING COMMISSION’S PREVIOUS ACTION ON THE PROJECT AND DENIES THE APPEAL, and based upon the entire record of proceedings before it and all information received, hereby approves the herein described Application, subject to each and every condition set forth in the Department reports attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 7. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East “B” Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario. 2360
The City Clerk shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 15th day of March 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2022- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held March 15, 2022, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2022- duly passed and adopted by the Ontario City Council at their regular meeting held March 15, 2022. _________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

File No. PDEV21-018
Departmental Conditions of Approval
(Document follows this page)
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303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

LAND DEVELOPMENT DIVISION

CONDITIONS OF APPROVAL
Date Prepared: 11/18/2021
File No: PDEV21-018
Related Files: PMTT21-010
Project Description: A Development Plan to construct two industrial buildings totaling 168,772 square feet on 13.07 acres of land located at 1425 South Toyota Way, on the southeast corner of Jurupa Street and Milliken Avenue, within the Industrial Mixed Use land use district of the Toyota Ontario Business Park Specific Plan; (APN: 0238-121-75) submitted by MIG, Inc.

2.1 Time Limits.
(a) Development Plan approval shall become null and void 2 years following the effective date of application approval, unless a building permit is issued and construction is commenced, and diligently pursued toward completion, or a time extension has been approved by the Planning Director. This condition does not supersede any individual time limits specified herein, or any other departmental conditions of approval applicable to the Project, for the performance of specific conditions or improvements.

2.2 General Requirements. The Project shall comply with the following general requirements:
(a) All construction documentation shall be coordinated for consistency, including, but not limited to, architectural, structural, mechanical, electrical, plumbing, landscape and irrigation, grading, utility and street improvement plans. All such plans shall be consistent with the approved entitlement plans on file with the Planning Department. 2364
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(b) The project site shall be developed in conformance with the approved plans on file with the City. Any variation from the approved plans must be reviewed and approved by the Planning Department prior to building permit issuance. (c) The herein-listed conditions of approval from all City departments shall be included in the construction plan set for project, which shall be maintained on site during project construction.

2.3 Architecture Treatment and Building Design.
(a) At locations where changes in parapet wall height meet, the taller parapet must return into the building for a minimum distance of 6 FT, so that the actual thickness of the parapet wall cannot be observed or readily discerned.
(b) Roof access ladders shall be located on the inside of the building. (c) All building drainage gutters, downspouts, vents, etc., shall be completely concealed from public view or shall be architecturally compatible (decorative) with the exterior building design and color.

2.4 Landscaping.
(a) The Project shall provide and continuously maintain landscaping and irrigation systems in compliance with the provisions of Ontario Development Code Division 6.05 (Landscaping).
(b) Comply with the conditions of approval of the Planning Department; Landscape Planning Division.
(c) Landscaping shall not be installed until the Landscape and Irrigation Construction Documentation Plans required by Ontario Development Code Division 6.05 (Landscaping) have been approved by the Landscape Planning Division. (d) Changes to approved Landscape and Irrigation Construction Documentation Plans, which affect the character or quantity of the plant material or irrigation system design, shall be resubmitted for approval of the revision by the Landscape Planning Division, prior to the commencement of the changes.

2.5 Walls and Fences. All Project walls and fences shall comply with the requirements of Ontario Development Code Division 6.02 (Walls, Fences and Obstructions).

2.6 Parking, Circulation and Access.
(a) The Project shall comply with the applicable off-street parking, loading and lighting requirements of City of Ontario Development Code Division 6.03 (Off-Street Parking and Loading).
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(b) All drive approaches shall be provided with an enhanced pavement treatment. The enhanced paving shall extend from the back of the approach apron, into the site, to the first intersecting drive aisle or parking space. (c) Areas provided to meet the City’s parking requirements, including off-street parking and loading spaces, access drives, and maneuvering areas, shall not be used for the outdoor storage of materials and equipment, nor shall it be used for any other purpose than parking.
(d) The required number of off-street parking spaces and/or loading spaces shall be provided at the time of site and/or building occupancy. All parking and loading spaces shall be maintained in good condition for the duration of the building or use. (e) Parking spaces specifically designated and conveniently located for use by the physically disabled shall be provided pursuant to current accessibility regulations contained in State law (CCR Title 24, Part 2, Chapters 2B71, and CVC Section 22507.8). (f) Bicycle parking facilities, including bicycle racks, lockers, and other secure facilities, shall be provided in conjunction with development projects pursuant to current regulations contained in CALGreen (CAC Title 24, Part 11).

2.7 Outdoor Loading and Storage Areas.
(a) Loading facilities shall be designed and constructed pursuant to Development Code Division 6.03 (Off-Street Parking and Loading). (b) Areas designated for off-street parking, loading, and vehicular circulation and maneuvering, shall not be used for the outdoor storage of materials or equipment. (c) Outdoor loading and storage areas, and loading doors, shall be screened from public view pursuant to the requirements of Development Code Paragraph 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading Doors) Et Seq. (d) Outdoor loading and storage areas shall be provided with gates that are view-obstructing by one of the following methods:
(i) Construct gates with a perforated metal sheet affixed to the inside of the gate surface (50 percent screen); or
(ii) Construct gates with minimum one-inch square tube steel pickets spaced at maximum 2-inches apart.
(e) The minimum gate height for screen wall openings shall be established based upon the corresponding wall height, as follows:

Screen Wall Height Minimum Gate Height
14 feet: 10 feet
12 feet: 9 feet
10 feet: 8 feet
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8 feet: 8 feet
6 feet: 6 feet

2.8 Site Lighting.
(a) All off-street parking facilities shall be provided with nighttime security lighting pursuant to Ontario Municipal Code Section 4-11.08 (Special Residential Building Provisions) and Section 4-11.09 (Special Commercial/Industrial Building Provisions), designed to confine emitted light to the parking areas. Parking facilities shall be lighted from sunset until sunrise, daily, and shall be operated by a photocell switch.
(b) Unless intended as part of a master lighting program, no operation, activity, or lighting fixture shall create illumination on any adjacent property.

2.9 Mechanical and Rooftop Equipment.
(a) All exterior roof-mounted mechanical, heating and air conditioning equipment, and all appurtenances thereto, shall be completely screened from public view by parapet walls or roof screens that are architecturally treated so as to be consistent with the building architecture.
(b) All ground-mounted utility equipment and structures, such as tanks, transformers, HVAC equipment, and backflow prevention devices, shall be located out of view from a public street, or adequately screened through the use of landscaping and/or decorative low garden walls.

2.10 Security Standards. The Project shall comply with all applicable requirements of Ontario Municipal Code Title 4 (Public Safety), Chapter 11 (Security Standards for Buildings).

2.11 Signs. All Project signage shall comply with the requirements of Ontario Development Code Division 8.1 (Sign Regulations).

2.12 Sound Attenuation. The Project shall be constructed and operated in a manner so as not to exceed the maximum interior and exterior noised levels set forth in Ontario Municipal Code Title 5 (Public Welfare, Morals, and Conduct), Chapter 29 (Noise).

2.13 Covenants, Conditions and Restrictions (CC&Rs)/Mutual Access and Maintenance Agreements.
(a) CC&Rs shall be prepared for the Project and shall be recorded prior to the issuance of a building permit.
(b) The CC&Rs shall be in a form and contain provisions satisfactory to the City.

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(d) CC&Rs shall ensure reciprocal parking and access between parcels, and common maintenance of:
(i) Landscaping and irrigation systems within common areas; (ii) Landscaping and irrigation systems within parkways adjacent to the project site, including that portion of any public highway right-of-way between the property line or right-of-way boundary line and the curb line and also the area enclosed within the curb lines of a median divider (Ontario Municipal Code Section 7-3.03), pursuant to Ontario Municipal Code Section 5-22-02;
(iii) Shared parking facilities and access drives; and
(iv) Utility and drainage easements.
(e) CC&Rs shall include authorization for the City’s local law enforcement officers to enforce City and State traffic and penal codes within the project area. (f) The CC&Rs shall grant the City of Ontario the right of enforcement of the CC&R provisions.
(g) A specific methodology/procedure shall be established within the CC&Rs for enforcement of its provisions by the City of Ontario, if adequate maintenance of the development does not occur, such as, but not limited to, provisions that would grant the City the right of access to correct maintenance issues and assess the property owners association for all costs incurred.

2.14 Environmental Review.
(a) The environmental impacts of this project were reviewed in conjunction with an Addendum to The Ontario Plan Environmental Impact Report (State Clearinghouse No. 2008101140). This application introduces no new significant environmental impacts. The City's "Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference. All previously adopted mitigation measures shall be a condition of project approval, as they are applicable, and are incorporated herein by this reference.
(b) If human remains are found during project grading/excavation/ construction activities, the area shall not be disturbed until any required investigation is completed by the County Coroner and Native American consultation has been completed (if deemed applicable).
(c) If any archeological or paleontological resources are found during project grading/excavation/construction, the area shall not be disturbed until the significance of the resource is determined. If determined to be significant, the resource shall be recovered by a qualified archeologist or paleontologist consistent with current standards and guidelines, or other appropriate measures implemented.

2.15 Indemnification. The applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding 2368
Planning Department – Land Development Division
Conditions of Approval
File No.: PDEV21-018

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against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul any approval of the City of Ontario, whether by its City Council, Planning Commission or other authorized board or officer. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.

2.16 Additional Fees.
(a) Within 5 days following final application approval, the Notice of Determination (“NOD”) filing fee shall be provided to the Planning Department. The fee shall be paid by check, made payable to the "Clerk of the Board of Supervisors", which shall be forwarded to the San Bernardino County Clerk of the Board of Supervisors, along with all applicable environmental forms/notices, pursuant to the requirements of the California Environmental Quality Act (“CEQA”). Failure to provide said fee within the time specified may result in a 180-day extension to the statute of limitations for the filing of a CEQA lawsuit. (b) After the Project’s entitlement approval, and prior to issuance of final building permits, the Planning Department’s Plan Check and Inspection fees shall be paid at the rate established by resolution of the City Council.
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CITY OF ONTARIO

LANDSCAPE PLANNING DIVISION
303 East “B” Street, Ontario, CA 91764

CONDITIONS OF APPROVAL
Sign Off
10/6/21
Jamie Richardson, Sr. Landscape Planner Date
Reviewer’s Name:

Jamie Richardson, Sr. Landscape Planner
Phone:
(909) 395-2615
D.A.B. File No.:

PDEV21-018
Case Planner:

Edmelynne Hutter
Project Name and Location:

Toyota Business Center – 2 Industrial Buildings
S/W corner of Milliken Ave and Jurupa Street
Applicant/Representative:

MIG, Inc. – Pamela Steele
1650 Spruce Street, Suite 106
Riverside, CA 92614
Preliminary Plans (dated 6/12/21) meets the Standard Conditions for New Development and have been approved with the consideration that the following conditions below be met upon submittal of the landscape construction documents.

Preliminary Plans (dated) have not been approved. Corrections noted below are required prior to Preliminary Landscape Plan approval.

A RESPONSE SHEET IS REQUIRED WITH RESUBMITTAL OR PLANS WILL BE RETURNED AS INCOMPLETE. Landscape construction plans with plan check number may be emailed to: [email protected] DIGITAL SUBMITTALS MUST BE 10MB OR LESS.

Civil/ Site Plans

1. Provide an arborist report and tree inventory for existing trees include genus, species, trunk diameter, canopy width and condition. Show and note existing trees in good condition to remain and note trees proposed to be removed. Include existing trees within 15’ of adjacent property that would be affected by new walls, footings or on-site tree planting. Add tree protection notes on construction and demo plans to protect trees to remain. Replacement and mitigation for removed trees shall be equal to trunk diameter of heritage trees removed per the Development Code Tree Preservation Policy and Protection Measures, section 6.05.020.

2. Locate the employee break areas in an open area near the building rather than the parking lot.

3. Stormwater infiltration devices located in landscape areas shall be reviewed and plans approved by the Landscape Planning Division prior to permit issuance. Any stormwater devices in parkway areas shall not displace street trees.

4. Show transformers set back 5’ from paving all sides. Coordinate with landscape plans.

5. Show backflow devices set back 4’ from paving all sides. Locate on level grade

6. Civil Plans: Note for compaction to be no greater than 85% at landscape areas. All finished grades at 1 ½” below finished surfaces. Slopes to be maximum 3:1.

7. Dimension all planters to have a minimum 5’ wide inside dimension.

8. Dimension, show and call out for step-outs at parking spaces adjacent to planters; a 12” wide monolithic concrete curb, DG paving or pavers with edging.

9. Show outdoor employee break area with table or bench and shade trees on the south and west sides.

10. Add Note to Grading Plans: Landscape areas where compaction has occurred due to grading 2371
activities and where trees or stormwater infiltration areas are located shall be loosened by soil fracturing. For trees, a 12’x12’x18” deep area; for stormwater infiltration, the entire area shall be loosened. Add the following information on the plans: The backhoe method of soil fracturing shall be used to break up compaction. A 4” layer of Compost is spread over the soil surface before fracturing is begun. The backhoe shall dig into the soil lifting and then drop the soil immediately back into the hole. The bucket then moves to the adjacent soil and repeats. The Compost falls into the spaces between the soil chunks created. Fracturing shall leave the soil surface quite rough with large soil clods. These must be broken by additional tilling. Tilling in more Compost to the surface after fracturing per the soil report will help create an A horizon soil. Imported or reused Topsoil can be added on top of the fractured soil as needed for grading. The Landscape Architect shall be present during this process and provide certification of the soil fracturing. For additional reference, see Urban Tree Foundation – Planting Soil Specifications.

Landscape Plans

11. Provide an arborist report and tree inventory as noted in #1.

12. Locate the employee break areas in an open area near the building rather than the parking lot.

13. Quercus agrifolia shall be planted in planter spaces greater than 8’ wide; use Quercus ilex in planter 5’ wide.

14. Show backflow devices with 36” high strappy leaf shrub screening and trash enclosures and transformers, a 4’-5’ high evergreen hedge screening. Do not encircle utility, show as masses and duplicate masses in other locations on regular intervals.

15. Locate light standards, fire hydrants, water and sewer lines to not conflict with required tree locations. Coordinate civil plans with landscape plans

16. Show all utilities on the landscape plans. Coordinate so utilities are clear of tree locations.

17. Detail irrigation dripline outside of mulched root zone.

18. Show minimum on-site tree sizes per the Landscape Development standards, see the Landscape Planning website. 5% 48” box, 10% 36 box, 30% 24” box, 55% 15 gallon.

19. After a project’s entitlement approval, the applicant shall pay all applicable fees for landscape plan check and inspections at a rate established by resolution of the City Council.

20. Landscape construction plans with building permit number for plan check may be emailed to:
[email protected]
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CITY OF ONTARIO

Related File(s): PDEV21-018.

The plan does adequately address Fire Department requirements at this time.

Standard Conditions of Approval apply, as stated below.

SITE AND BUILDING FEATURES:

A. 2019 CBC Type of Construction: Type III-B
B. Type of Roof Materials: Panelized
C. Ground Floor Area(s): Building A = 113,067 Sq. Ft.

Building B = 48,205 Sq. Ft.

D. Number of Stories: 1 with Mezzanine
E. Total Square Footage: Building A = 118,067 Sq. Ft.

Building B = 50,705 Sq. Ft.

F. 2019 CBC Occupancy Classification(s): B/S1/F1
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CONDITIONS OF APPROVAL:

1.0 GENERAL

For copies of Ontario Fire Department Standards please access the City of Ontario website at www.ontarioca.gov/Fire/Prevention.

1.2 These Fire Department conditions of approval are to be included on any and all construction drawings.

2.0 FIRE DEPARTMENT ACCESS

See Standard #B-004.

2.3 Fire Department access roadways that exceed one hundred and fifty feet (150’) in length shall have an approved turn-around per Standard #B-002.

2.6 Security gates or other barriers on fire access roadways shall be provided with a Knox brand key switch or padlock to allow Fire Department access. See Standards #B-003, B-004 and H001.

3.0 WATER SUPPLY

3.2 Off-site (public) fire hydrants are required to be installed on all frontage streets, at a minimum spacing of three hundred foot (300’) apart, per Engineering Department specifications.

4.0 FIRE PROTECTION SYSTEMS

4.7 Portable fire extinguishers are required to be installed prior to occupancy per Standard #C-001.

Please contact the Fire Prevention Bureau to determine the exact number, type and placement required.

5.0 BUILDING CONSTRUCTION FEATURES

5.2 Approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. Homes 2389
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that do not front street shall be provided with an address entry sign at the street. Address numbers shall contrast with their background. See Section 9-1 6.06 of the Ontario Municipal Code and Standards #H-003 and #H-002.

5.6 Knox ® brand key-box(es) shall be installed in location(s) acceptable to the Fire Department.

All Knox boxes shall be monitored for tamper by the building fire alarm system. See Standard #H-001 for specific requirements.

CITY OF ONTARIO

LOCATED AT THE SOUTHEAST CORNER OF JURUPA STREET AND
MILLIKEN AVENUE. RELATED FILE: PDEV21-018.

Photometrics shall be provided to the Police Department and include the types of fixtures proposed and demonstrate that such fixtures meet the vandal-resistant requirement.

Planned landscaping shall not obstruct lighting.
 Rooftop addresses shall be installed on the buildings as stated in the Standard Conditions.

The Applicant is invited to contact Officer Bill Lee at (909) 408-1672 with any questions or concerns regarding these conditions.
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AIRPORT LAND USE COMPATIBILITY PLANNING
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This proposed Project is: Exempt from the ALUCP Consistent Consistent with Conditions Inconsistent Reviewed By:

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PALU No.:

The project is impacted by the following ONT ALUCP Compatibility Zones:

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The project is impacted by the following Chino ALUCP Safety Zones:

Page 1 ends

Zone 6
Allowable Height:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT: A PUBLIC HEARING TO CONSIDER THE ARTS DISTRICT WEST PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-001), ESTABLISHING DEVELOPMENT

STANDARDS, DESIGN GUIDELINES AND INFRASTRUCTURE REQUIREMENTS TO FACILITATE A COMMERCIAL DEVELOPMENT ON 0.86-ACRE OF LAND LOCATED AT 125 WEST EMPORIA STREET, WITHIN THE MU-1/LUA-2N (DOWNTOWN MIXEDUSE/ARTS DISTRICT - NORTH) AND EA (EUCLID AVENUE OVERLAY) ZONING DISTRICTS (APN: 1049-059-14)

CITY OF ONTARIO
Agenda Report
March 15, 2022
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council consider and waive further reading of an ordinance approving the Arts District West Planned Unit Development, File No. PUD22-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate a commercial development at 125 West Emporia Street.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: The proposed Planned Unit Development will facilitate the development of two commercial buildings totaling 33,787 square feet, resulting in increased on-going property tax revenues for the City, and the one-time payment to the City of plan check fees and development impact fees.

BACKGROUND & ANALYSIS: The Project site is a 0.86-acre parcel of land located at 125 West Emporia Street, within the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and EA (Euclid Avenue Overlay) zoning districts. The Project Site is developed with a paved public parking lot located at the easterly terminus of Emporia Street, where Euclid Avenue is approximately 20 feet below grade. Surrounding the Project Site are several historic buildings that are occupied by mix of land uses including light industrial, office, commercial, residential, and civic buildings constructed in varying architectural styles.

The Policy Plan specifies that the Downtown Mixed-Use Area is to be implemented through the 2393
approval of an Area Plan or Planned Unit Development prior to the development of properties within the Area. In compliance with this requirement, the Applicant has submitted the Arts District West Planned Unit Development (included as Attachment A to the Ordinance), which is consistent with this vision, and the goals and policies of the Policy Plan.

The purpose of the Planned Unit Development is to secure a fuller realization of the Policy Plan than would otherwise result from the strict application of present zoning district regulations and to:
[a] promote high standards in urban design; [b] encourage the development of exceptionally high quality, mixed-use, medium to high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and [c] ensure harmonious relationships with surrounding land uses. In addition, the Planned Unit Development is intended to function as a set of planning and design principles, development regulations, and performance standards to guide and govern the development of the 0.86-acre site. The Arts District West Planned Unit Development will facilitate the development of retail and commercial services that will help achieve the City’s goals to economically revitalize and aesthetically enhance the historic downtown area.

A Planned Unit Development is comparable to a Specific Plan in that it sets development regulations that are unique to a specific area. However, it is also unlike a Specific Plan in that a Planned Unit Development is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

Key components of the Arts District West Planned Unit Development include the following:

Land Use and Development Regulations — Consistent with the requirements of the MU-1 (Downtown Mixed-Use) zoning district, the proposed Arts District West Planned Unit Development allows for uses intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District. The development regulations set forth in the Arts District West Planned Unit Development will govern the placement, height, and bulk of permitted buildings and structures and establish locational criteria for vehicular access to site, parking and loading requirements, landscape, sign standards; and identify historic preservation features to be incorporated and/or considered for development plans. Buildings may be developed to a maximum height of 35 feet. Building setbacks are limited to 0 to 5 feet from the Euclid Avenue right-of-way and 0 to

3.5 feet from the Emporia Street right-of-way, 0 feet from the interior and rear (adjacent to the rail) property lines.

Landscaping and Drainage — Landscaping elements provide significant contributions to the aesthetic quality and character of the Arts District West Planned Unit Development, with respect to public and private spaces. Water conservation shall be provided through low water using plant materials, hydro zones, water efficient irrigation and weather-based controllers consistent with Assembly Bill 1881 and other applicable State laws. 2394
Design Guidelines — Section 6.8 (Architectural Character\Details) of the Arts District West Planned Unit Development complies with the Ontario Downtown Design Guidelines of the historic downtown area. The Downtown Ontario Design Guidelines were adopted in 1998 to guide the physical revitalization of Ontario’s historic downtown. The Guidelines provide architectural and design principals, as well as design concepts for downtown districts. The project area is located within the Education Center, a mixed-use area with a focus on commercial, retail, public, and educational uses. The design principles and desired architectural features for the mixed-use blocks are derived from the architectural style and elements set forth in Section 3.5.3 of the Downtown Design Guidelines, with respect to storefront modulation, entrances, roof design, mechanical equipment, building elements (cornices, storefront frame, mid-floor panel, transom windows, bulkheads), awnings, materials, and colors.

On February 22, 2022, the Planning/Historic Preservation Commission conducted a public hearing to consider the above described Arts District West Planned Unit Development. After considering all public testimony on the application, the Planning Commission unanimously voted (7-0) to approve a resolution recommending that the City Council approve the Planned Unit Development. In conjunction with the proposed Planned Unit Development, the Planning/Historic Preservation Commission approved a Tentative Parcel Map No. 20394 (File No. PMTT21-009), which will subdivide the 0.86-acre Project site into a single lot to establish 22 commercial airspace condominium units, a Development Plan (File No. PDEV21-017) to construct two commercial buildings totaling 33,787 square feet, and a Certificate of Appropriateness (File No. PHP21-021) to allow for the construction of the proposed Project within the Euclid Avenue Overlay Zoning District.

HOUSING ELEMENT COMPLIANCE: The project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the Project site is not one of the properties in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

AIRPORT LAND USE COMPATIBILITY PLAN COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. The proposed project is located within the Airport Influence Area of Ontario International Airport and was evaluated and found to be consistent with the policies and criteria of the ALUCP. Any special conditions of approval associated with uses in close proximity to the airport are included in the conditions of approval provided with the attached Resolution.

ENVIRONMENTAL REVIEW: The Project is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 (Class 32, Infill 2395
Development Projects) of the CEQA Guidelines, and meets all of the following conditions: (A) the proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (B) the proposed development occurs within city limits and the area being developed is 0.86-acre, less than the maximum 5-acre threshold, and is substantially surrounded by urban land uses; (C) the Project site has no value as habitat for endangered, rare, or threatened species; (D) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (E) the site is adequately served by all required utilities and public services. 2396
Case Planner: Jeanie Irene Aguilo Hearing Body Date Decision Action Planning Director
Approval:

DAB 02/07/2022 Approval Recommend
PC 02/22/2022 Final
Submittal Date: 04/21/2021 CC 03/15/2022 PUD-Final
FILE NOS: PUD22-001, PMTT21-009(TPM 20394), PDEV21-017, and PHP21-021 SUBJECT: A request for the following entitlements: [1] a Planned Unit Development (File No. PUD22-001) to establish development standards, design guidelines, and infrastructure requirements for the Project site; [2] a Tentative Parcel Map (File No.

PMTT21-009 (TPM 20394)) to subdivide a 0.86-acre property into a single lot to establish 22 commercial airspace condominium units; [3] a Development Plan (File No. PDEV21- 017) to construct two commercial buildings totaling 33,787 square feet; and [4] a Certificate of Appropriateness (File No. PHP21-021) to allow for the construction of the proposed Project within the Euclid Avenue Overlay Zoning District. The Project Site is located at 125 West Emporia Street, within the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and EA (Euclid Avenue Overlay) zoning districts. (APN: 1049-059-14) submitted by RWSS Development LLC. City Council action is required.

PROPERTY OWNER: City of Ontario
RECOMMENDED ACTION: That the Planning/Historic Preservation Commission consider and adopt the following:
(1) A resolution recommending the City
Council approve File No. PUD22-001; and
(2) Resolutions approving File Nos.

PMTT21-009 (TPM 20394), PDEV21-017, and
PHP21-021, pursuant to the facts and
reasons contained in the staff report and
attached resolutions, and subject to the
conditions of approval contained in the
departmental reports included as
“Attachment A” to each respective
resolution.

PROJECT SETTING: The Project site is
comprised of 0.86-acre of land located at
the easterly terminus of Emporia Street,
north of the Union Pacific Railroad right-of- Figure 1: Project Location 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
February 22, 2022
Approve
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way, at 125 West Emporia Street, as depicted in Figure 1: Project Location Map.

Emporia Street terminates at the Project site where Euclid Avenue is approximately 20 feet below grade. Located within the proposed Downtown Historic District, the site is currently developed with a paved public parking lot. The Emporia Street frontage is improved with a 5-foot-wide scored sidewalk, rock curb in poor condition, and a 7-footwide parkway with mature Washingtonia filifera (California palm) and heritage Grevillea robusta (silk oak) street trees. Surrounding the Project site are several historic buildings, including the Pacific Electric Bus Depot (Local Landmark No. 37) located at the northeast corner of Laurel Avenue and Emporia Street, the Old Post Office (Local Landmark No. 38) located at the southeast corner of Laurel Avenue and Transit Street, the Charles Frankish Building (Local Landmark No. 12 and listed on the National Register) located at the southwest corner of Transit Street and Euclid Avenue, the Salvation Army building (Eligible Historic Resource) located at the northwest corner of Emporia Street and Euclid Avenue, the Ontario Museum of History and Art located at the southeast corner of Euclid Avenue and Transit Street, and the Euclid Avenue median and parkway (Local Landmark No. 67 and listed on the National Register).

Other development in the area includes a mix of light industrial, office, commercial, residential, and civic buildings constructed in varying architectural styles and construction dates. The existing surrounding land uses, zoning, and general plan are summarized in the “Surrounding Zoning & Land Uses” table located in the Technical Appendix of this report.

PROJECT ANALYSIS:
(1) Background — During Ontario’s early settlement period, several grand Victorian style homes were constructed for prominent city pioneers along Emporia Street, facing the railroad tracks, in a marketing strategy to attract town settlers, which was referred to as “Developer’s Row.” The Project site was part of Developer’s Row but was developed as a parking lot in the 1950s, which is presently underutilized. In the 1980s, the Euclid Avenue Grade Separation project was constructed, providing an underpass for trucks and passenger vehicles, and a bridge for railway lines (Southern and Union Pacific Railroads) that altered street intersections/connections on Euclid Avenue, within the surrounding area. Due to the grade separation, Emporia Street’s direct access to Euclid Avenue was eliminated and cul-de-sacs were constructed on the east and west side of Euclid Avenue, limiting access to the parking lot. The Euclid Avenue public rightof-way, from Philadelphia Street to Interstate 10, was designated as Local Landmark No. 67 on January 16, 2001. On August 10, 2005, the Euclid Avenue right-of-way, from Philadelphia Street in Ontario to 24th Street in Upland, was listed on the National Register of Historic Places as a significant cultural landscape.

The Ontario Plan describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere, where the historic character is prominent. The most intensive uses are envisioned along Euclid Avenue and Holt Boulevard. The Downtown Mixed-Use Area is the historic core of Ontario, which has a unique blend of historic, social and cultural 2398
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uses set in a compact street grid. The Downtown Mixed-Use Area includes the Civic Center, City library and surrounding diverse residential neighborhoods that provide increased demand for retail opportunities along Euclid Avenue, Holt Boulevard and B Street.

The Policy Plan specifies that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or Planned Unit Development (“PUD”) prior to the development of properties within the Area. In compliance with this requirement, the Applicant has submitted the Art District West Planned Unit Development (included as Attachment A to the attached PUD Resolution), which is consistent with this vision, and the goals and policies of the Policy Plan.

The purpose of the PUD is to secure a fuller realization of the Policy Plan than would result from the strict application of present zoning district regulations and to: [a] promote high standards in urban design; [b] encourage the development of exceptionally high quality, mixed-use, medium to high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and [c] ensure harmonious relationships with surrounding land uses. In addition, the Art District West Planned Unit Development (“ADWPUD”) is intended to function as a set of planning and design principles, development regulations, and performance standards to guide and govern the development of the 0.86-acre site. The ADWPUD will facilitate the development of retail and commercial services that will help achieve the City’s goals to economically revitalize and aesthetically enhance the historic downtown area.

A PUD is comparable to a Specific Plan in that it sets development regulations that are unique to a specific area; however, it is also unlike a Specific Plan in that a PUD is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

On April 21, 2021, the Applicant submitted four applications to facilitate the development of the Project site, as follows:
 A Planned Unit Development (File No. PUD22-001: Art District West Planned Unit Development) to establish development standards, design guidelines, and infrastructure requirements for the Project site;
 A Certificate of Appropriateness (File No. PHP21-021) to allow for the construction of the proposed Project within the Euclid Avenue Overlay Zoning District and ensure that the development does not cause an adverse effect on the character-defining features of Euclid Avenue;
 A Tentative Parcel Map (File No. PMTT21-009 (TPM 20394)) to subdivide 0.86-acre of land into single lot for condominium purposes; and
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 A Development Plan (File No. PDEV21-017) to construct two commercial buildings totaling 33,787 square feet.

On February 7, 2022, the Development Advisory Board (“DAB”) conducted a hearing to consider the Tentative Parcel Map (File No. PMTT21-009 (TPM 20394)) and Development Plan (File No. PDEV21-017), and concluded the hearing, voting to recommend that the Planning Commission approve the Applications subject to conditions of approval, which are included as attachments to the Planning Commission resolutions.

On February 10, 2022, the Historic Preservation Subcommittee considered the Certificate of Appropriateness (File No. PHP21-021) application and recommended Historic Preservation Planning Commission approval.
(2) Planned Unit Development (File No. PUD22-001: Art District West PUD) a. Land Use and Development Regulation — Consistent with the requirements of the MU-1 (Downtown Mixed-Use) zoning district, the proposed PUD allows for uses intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District. The development regulations set forth in the ADWPUD will govern the placement, height, and bulk of permitted buildings and structures; to establish locational criteria for vehicular access to site, parking and loading requirements, landscape, sign standards; and identify historic preservation features to be incorporated and/or considered for development plans. Buildings may be developed to a maximum height of 35 feet. Building setbacks are limited to 0 to 5 feet from the Euclid Avenue right-of-way and 0 to 3.5 feet from the Emporia Street right-of-way, 0 feet from the interior and rear (adjacent to the rail) property lines.
b. Landscaping and Drainage — Landscaping elements provide significant contributions to the aesthetic quality and character of the ADWPUD, with respect to public and private spaces. Water conservation shall be provided through low water using plant materials, hydro zones, water efficient irrigation and weather-based controllers consistent with Assembly Bill 1881 and other applicable State laws.
c. Off-Street Parking — Parking requirements within the ADWPUD will be governed by the established parking requirements of the City of Ontario Development Code. The ADWPUD allows one parking space within each 2400
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Car Condo Unit to be counted towards the required parking for the vehicle storage (Car Condo) use. In addition, the Ontario Development Code allows parking to be analyzed using the Downtown Ontario Parking Model.
d. Design Guidelines — Section 6.8 (Architectural Character\Details) of the ADWPUD complies with the Ontario Downtown Design Guidelines of the historic downtown area. The Downtown Ontario Design Guidelines were adopted in 1998 to guide the physical revitalization of Ontario’s historic downtown. The Guidelines provide architectural and design principals, as well as design concepts for downtown districts. The project area is located within the Education Center, a mixed-use area with a focus on commercial, retail, public, and educational uses. The design principles and desired architectural features for the mixed-use blocks are derived from the architectural style and elements set forth in Section 3.5.3 of the Downtown Design Guidelines, with respect to storefront modulation, entrances, roof design, mechanical equipment, building elements (cornices, storefront frame, mid-floor panel, transom windows, bulkheads), awnings, materials, and colors.
(3) Tentative Parcel Map (File No. PMTT21-009 / TPM 20394) — The proposed Tentative Parcel Map (TPM 20394) will subdivide the 0.86-acre Project site into a single numbered lot for condominium purposes (see Exhibit B—Tentative Parcel Map) and one lettered lot consisting of private drive aisles, parking areas, and common open space. The condominium plan will establish 22 commercial condominium units that will be recorded with the Department of Real Estate, delineating the airspace for each unit, off-street parking, and common areas.

The Development Code does not include provisions for a minimum lot size or project size within the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) zoning district; however, it does require the approval of a PUD, which was filed concurrently with the Tentative Parcel Map and Development Plan. Final approval of the Tentative Parcel Map and Development Plan is contingent upon the City Council adopting the PUD for the Project site. Additionally, the proposed map will be required to provide Covenants, Conditions, and Restrictions (“CC&R’s”), which will establish the rules, regulations, rights, and responsibilities of the property owner’s association and condominium owners. (4) Development Plan (File No. PDEV21-017)
a. Site Design/Building Layout — Proposed, is the construction of two commercial buildings totaling 33,787 square feet (see Exhibit C—Site Plan, attached). Building A (front building) is 9,669 square feet in size and is centrally located along the northern portion of the site, oriented in an east-west configuration, with the primary entrance facing north, towards Emporia Street. The building contains a 3,455-square-foot flex-space (for 2401
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retail uses and public/private
art activities) six “Car Condo”
suites and mezzanine areas
totaling 6,214 square feet
designed for the storage of
personal vehicles (such as cars
and recreational vehicles), and
a trash enclosure and restrooms
totaling 576 square feet. Two
off-street parking lots are
located to the east and west of
Building A.

Building B (rear building), located along the
east, south and west property lines, is 24,012
square feet in size and is configured in a Ushape. The building contains a 2,470-squarefoot retail space with mezzanine designed to accommodate a tap room with both ground
and second floor outdoor patio areas
located at the northeast corner of the site.

The remainder of the building is 21,542
square feet in size and is divided into fourteen Car Condo suites.

There is a total of 20 car condo suites proposed within portions of Buildings A and B. The ADWPUD defines car condos as space you own and customize to house your vehicles.

The car condos offer car aficionados a safe, secure, and private space to store and display their vehicles (sports, classic, racing, exotics, hot rods, and/or other collectible cars), motorized toys, and/or personal treasures. Each unit includes a mezzanine area that can be customized to include a loft area, office, TV viewing area and/or refreshment kitchenette area (See Figure 2: Car Condo Examples, below). The unit’s footprint range in size from 420 to 1,836 square feet, which range from 30 to 68 feet in depth and 14 to 68 feet in width. Residential occupancy of the Car Condo units will be prohibited by the CC&Rs.
b. Site Access/Circulation — The Project site will be accessed from two points along Emporia Street (see Exhibit C—Site Plan, attached). The driveways are located at the northwest and northeast corners of the Project site, immediately to the east and west of Building A. A 20-foot to 35-foot-wide U-shaped drive-aisle is proposed between Buildings A and B, connecting the two points of access and providing on-site circulation and access to each Car Condo unit.
c. Parking — The ADWPUD requires the Project to provide off-street parking at the rates required by the Development Code and allows one parking Figure 2: Car Condo Examples
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space within each Car Condo Unit to be counted towards the required parking for the vehicle storage (Car Condo) use. The Project has provided off-street parking pursuant to the “Drinking Places” and “General Business Offices” parking standards specified in the Development Code. The Project requires a total of 59 passenger vehicle parking spaces and 29 parking spaces have been provided, resulting in a deficit of 30 parking spaces. Table 1, below, provides the off-street parking calculations for the proposed Project.

Although, the Project does not provide sufficient off-street parking, the Project site is located within the Downtown Mixed Use District, which pursuant to the Ontario Development Code, allows parking to be analyzed using the City’s Downtown Ontario Parking Model (see Exhibit G—Downtown Parking Model Blocks Map, attached). The Downtown Parking Model specifically evaluates each block within the Downtown Area and calculates the parking demand on an hourly basis, from 6:00 A.M. to 12:00 A.M.

Additionally, it allows a project’s parking demands to be met by utilizing the available parking on the project site block, in combination with the surrounding blocks. The Project site is located on Block 72 (see Exhibit H—Parking Model Blocks Map: Blocks 67, 68, 71, and 72, attached) and can accommodate a total of 14 parking spaces (5 onstreet and 9 on-site). The surrounding blocks utilized to analyze the parking demand for the proposed Project include:
 Block 67 (City of Ontario Community Improvement Office), located north of the Project site, which provides 92 parking spaces (32 on-street and 60 off-street);  Block 68 (multiple-family units, retail, office and service uses), located northwest of the Project site, which provides 65 parking spaces (20 on-street and 45 offstreet); and  Block 71 (live/work units), located directly west of the Project site, which provides 38 parking spaces (11 on-street and 27 off-street).

Table 1: On-Site Parking Summary Table
Type of Use Building Area Parking Ratio Spaces
Required
Spaces
Provided
Motor Vehicle
Storage (Car
Condos):
27,756 SF 1 space per Car Condo Unit 20 20
Restaurant/
Drinking Place
(Tap Room):
2,470 SF 10 spaces per 1,000 SF (0.01/SF) of GFA 25
9 Office (Flex
Space): 3,455 SF General Business Office – 4 spaces per 1,000 SF (0.004/SF) of GFA 14 TOTAL 59 29
Parking Deficit (-30)
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The Tables 2 and 3, below, illustrate the available parking for Blocks 67, 68, 71 and 72, with the proposed uses. Within Table 4 (see Technical Appendix), the Parking Model found a deficit of 1 to 14 parking spaces on Blocks 71 and 72, between the hours of 10:00 A.M. to 8:00 P.M.; however, there is a surplus of 56 to 100 parking spaces within the combined four Blocks, addressing any single block deficiencies. Therefore, staff has determined that based upon the Downtown Ontario Parking Model, sufficient parking exists on the Project site and its’ surrounding blocks, to support the proposed Project.

Table 2: Available Public Parking with Proposed Use: Daytime Hours (8:00 A.M.–3:00 P.M.) Blocks 8 A.M. 9 A.M. 10 A.M. 11 A.M. 12 P.M. 1 P.M. 2 P.M. 3 P.M. 67, 68,
71 & 72 103 98 92 81 67 61 56 72
Table 3: Available Public Parking with Proposed Use: Evening Hours (4:00 P.M.–12:00 A.M.) Blocks 4 P.M. 5 P.M. 6 P.M. 7 P.M. 8 P.M. 9 P.M. 10 P.M. 11 P.M. 12 A.M. 67, 68,
71 & 72 67 78 80 99 100 128 132 133 131
d. Architecture — A contemporary industrial inspired architectural design is proposed to complement the surrounding historic buildings and context of the historic downtown area (see Exhibit D—Conceptual Elevations and Exhibit E—Project Rendering, attached). Building’s A and B are single-story buildings with a two-story massing (27 feet to 30 feet) consistent with the existing surrounding buildings located to the north and west of the Project site. Both buildings will incorporate a combination of vertical corrugated metal panels, horizontal flat metal siding, brick veneer, metal canopies, storefront glazing, and a contrasting color palette that includes black, grey, brown, and red tones.

The eastern elevation of Building B will be prominently seen from Euclid Avenue. The tap room was strategically located on the northeast corner of the site as part of Building B, to provide a prominent architectural element facing Euclid Avenue. The tap room portion of the building incorporates a brick veneer, a 20-foot-long blade sign and a round tower element designed to have the appearance of a beer vat. The upper portion of the tower is treated with horizontal corrugated metal siding and a metal roof, and the ground floor incorporates deep recessed clear storefront glazing that allow views of the beer vat design from Euclid Avenue. To the west of the tower, the Project is also incorporating a ground floor and second story outdoor patio that will face Emporia Street and be visible from Euclid Avenue, which has been integrated into the overall design of the building and features similar building materials.

The Project illustrates similar architectural features, building placement, scale and massing to the surrounding historic buildings and within the context of the historic 2404
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downtown area. The Project is appropriate in scale and massing and through use of materials and design and will not detract or adversely affect the historic character of neither Euclid Avenue nor the proposed Downtown Historic District. This is exemplified through the use of:
 Articulation in storefront modulation through color and material changes, bulkhead/base, glass roll up doors, storefront glazing, and enhanced accent banding; and
 Articulation in the building parapet, roof lines, and a corner tower element which serves to accentuate the building’s entries and openings, and breaks up large expanses of building wall; and
 A mix of exterior colors, materials, finishes and fixtures; and  Incorporation of base and top treatments defined by changes in color, materials, and recessed wall areas. Designed to ensure that it’s massing and proportion, along with its colors and architectural detailing, are consistent on all building walls, giving a four-sided (360-degree) appearance; and  Utilizing strong and identifiable building forms using the corner tower element to demarcate street intersections.

Furthermore, the Project demonstrates the type of development and architecture promoted by the proposed ADWPUD. The Project incorporates the design principles and the desired architectural features of the proposed ADWPUD using:
 Simple, yet varied massing, with wall openings that create shadow line and provide visual relief; and
 Incorporation of human-scaled details such as canopies, transparent windows, and windows displays. These are required at public entrances and along heavily trafficked outdoor areas; and
 Providing highly visible public entrances, oriented to streets and outdoor spaces; with shop entrances clearly expressed with recesses, overhangs, special materials, and detailing; and
 Creating visual interest by using at least three different building materials on building facades including brick, flat metal siding, and corrugated metal panels. e. Landscaping — Landscaping elements provide significant contributions to the aesthetic quality and character of Euclid Avenue and the historic downtown area, with respect to public and private spaces. The proposed landscape design highlights building and driveway entries and softens the appearance of the building along Emporia Street. Due to the 2405
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configuration of the proposed buildings, landscaping is primarily featured along the Emporia Street frontage and the northwestern parking lot. The proposed landscape plant pallet includes Ginko Biloba, Tabebuia Impetiginosa, Prunus Cerasifera 24-inch and 36-inch box size trees, 8 shrub varieties (Hemerocallis hybrid, Ruellia brittoniana, Rosea Floribunda, Rosmarinus Officinalis, Loropetalum chinensis, atropurpurea, Lanvendula agustina, Tulbaghia violacea and Pittosporum) and one groundcover variety (Phyla nodifolia). The existing parkway and sidewalk will be altered to accommodate the two proposed driveways which will require the removal of two heritage Grevillea robusta (Silk Oak) trees and the onsite relocation one Washingtonia filifera (California Palm) within the parkway.

The Project has been conditioned to replace the two Grevillea robusta trees with trees that are equal in trunk diameter onsite and/or pay appropriate mitigation fees to City of Ontario Historic Preservation Fund.

Moreover, the proposed landscaping, hardscape and lighting has been designed to complement the architecture of the proposed building and enhance vehicular entries, pedestrian walkways, and other key locations throughout the Project site.
f. Utilities (drainage, sewer) — Public utilities (water and sewer) are available to serve the Project. Furthermore, the Applicant has submitted a Preliminary Water Quality Management Plan (“PWQMP”), which establishes the Project’s compliance with storm water discharge/water quality requirements. The PWQMP includes site design measures that capture runoff and pollutant transport by minimizing impervious surfaces and maximizes low impact development (“LID”) best management practices (“BMPs”), such as retention and infiltration, biotreatment, and evapotranspiration. The onsite drainage will be conveyed to an underground chamber located on the northwest portion of the Project site underneath the parking lot and any overflow drainage will be conveyed to the curb and gutter along Emporia Street.
(5) Certificate of Appropriateness (File No. PHP21-021) — Section 6.01.035, Overlay Zoning Districts of the Ontario Development Code, requires Certificate of Appropriateness approval for any development project within the Euclid Avenue Overlay zoning district. The Euclid Avenue Overlay zoning district is intended to recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource of the City, and to identify and safeguard Euclid Avenue’s position on the National Register of Historic Places. The intent of the Overlay zoning district is not to create a false sense of history with any new development along the Euclid Avenue Corridor, but rather to ensure that new development does not adversely impact the visual character-defining features of Euclid Avenue, such as the 60-foot-wide landscaped median, rock curbs, and King’s Standard lampposts.

Additionally, all new construction should be compatible with the surrounding developments in site design, massing and scale.
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The Secretary of the Interior Standards for the Treatment of Historic Properties, also referred to as “the Standards,” provide a critical part of the framework of the national preservation program and are widely used at the federal, state and local levels to guide work on historic resources and have been incorporated into the ADWPUD. The Standards state that alterations will not destroy historic features and spatial relationships that characterize the historic resource, and that new work will be differentiated from the old and will be compatible with historic materials, features, size, scale, and proportion, and massing to protect the integrity of the resource.

The west side of Euclid Avenue, from Holt Boulevard to the project site, can be characterized as early twentieth century commercial development which includes the First National Bank constructed in the Art Deco style of architecture in 1928, the McCann Building constructed in the Commercial style of architecture in 1917, the Envoy Hotel also constructed in the Commercial style of architecture in 1920, the Frankish Building constructed in a simplified Italianate architectural style in 1916, and the Salvation Army Building constructed in Art Deco style of architecture in 1930. These buildings are constructed of brick and concrete, are 2 and 3 stories in height with first floor commercial and have a zero setback from the Euclid Avenue property line.

Prominent character-defining features include classic storefronts with large display windows, bulkheads (base), transom windows, mid-panel banding, a mix of materials and colors, and vertical columns in the Art Deco style buildings.

Across Emporia Street from the project site is the historic Pacific Electric Bus Depot. The building was constructed in a brick Commercial style of architecture in 1928. The singlestory brick building is square in floorplan, has a parapet roof, and a storefront. Adjacent to the project site is the Emporia Street Lofts (work/live units). The buildings were originally constructed for an industrial manufacturing purpose in 1968 but were adaptively reused in 2003 to allow commercial and residential mixed-uses within a flexible space. The buildings are designed with two-stories, brick and stucco finishes and have a parapet roof.

The Project is a two-story construction featuring elements from Emporia Street Lofts (work/live units) to the west and the Salvation Army Building to the north. The corner tower element faces Euclid Avenue and Emporia Street providing emphasis to the entrance which is similar to the corner entrances of the Frankish Building and Salvation Army Building. In addition, Euclid Avenue is situated approximately 20-feet below grade of the Project site ultimately minimizing the visual impacts to Euclid Avenue.

On February 10, 2022, the Historic Preservation Subcommittee (“HPSC”) reviewed the project and recommended approval to the Planning/Historic Preservation Commission, subject to conditions of approval and are attached to this report.

The Planning Commission, serving as the Historic Preservation Commission, must consider and clearly establish certain findings of facts for all Certificate of Appropriateness applications. The proposed project is appropriate because:
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(1) The proposed project will not detrimentally change, destroy or adversely affect any significant architectural feature of the resource. While there are no identified historic resources within the Project site, the site has frontage along historic Euclid Avenue and is within the Proposed Downtown Historic District. Through appropriate scale, massing and use of materials, the new construction is compatible with the surrounding buildings and therefore, will not detrimentally change, destroy or adversely affect any significant architectural feature of the resource. (2) The proposed project will not detrimentally change, destroy or adversely affect the historic character or value of the resource. While there are no identified historic resources within the Project site, the Project has frontage along historic Euclid Avenue and is within the Proposed Downtown Historic District. The Project proposes appropriate building massing and scale, site design, building layout, and architecture that is in keeping with the area.
(3) The proposed project will be compatible with the exterior characterdefining features of the historic resource. Although the Project site is not considered historic, the Project site has frontage along historic Euclid Avenue and is within the proposed Downtown Historic District. Through enhanced architectural elements, including the tower feature, the proposed project does not detract from the visual character of Euclid Avenue and is compatible with the Proposed Downtown Historic District.
(4) The proposed project will not adversely affect or detract from the character of the historic district. Through compatible architectural elements the proposed project does not detract from the visual character of Euclid Avenue and is compatible with the Proposed Downtown Historic District.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan (TOP). More specifically, the goals and policies of TOP that are furthered by the proposed project are as follows:
(1) City Council Goals.
 Invest in the Growth and Evolution of the City’s Economy  Maintain the Current High Level of Public Safety
 Operate in a Businesslike Manner
 Focus Resources in Ontario’s Commercial and Residential Neighborhoods  Invest in the City’s Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
(2) Vision.
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Distinctive Development:
 Commercial and Residential Development
 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.
(3) Governance.

Decision Making:
 Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.  G1-2 Long-term Benefit. We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision. (4) Policy Plan (General Plan)
Land Use Element:
 Goal LU1: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.
 LU1-1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, and foster the development of transit.
 LU1-6 Complete Community: We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario. (Refer to Complete Community Section of Community Economics Element).  Goal LU2: Compatibility between a wide range of uses.  LU2-6: Infrastructure Compatibility: We require infrastructure to be aesthetically pleasing and in context with the community character.

Community Economics Element:
 Goal CE2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.
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 CE2-1 Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community.  CE2-2 Development Review. We require those proposing new development and redevelopment to demonstrate how their projects will create appropriately unique, functional and sustainable places that will compete well with their competition within the region.
 CE2-4 Protection of Investment. We require that new development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality.
 CE2-5 Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

Safety Element:
 Goal S1: Minimized risk of injury, loss of life, property damage and economic and social disruption caused by earthquake-induced and other geologic hazards.  S1-1 Implementation of Regulations and Standards. We require that all new habitable structures be designed in accordance with the most recent California Building Code adopted by the City, including provisions regarding lateral forces and grading.

Community Design Element:
 Goal CD1: A dynamic, progressive city containing distinct neighborhoods and commercial districts that foster a positive sense of identity and belonging among residents, visitors, and businesses.
 CD1-1 City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing the diverse character of our existing viable neighborhoods.
 CD1-2 Growth Areas. We require development in growth areas to be distinctive and unique places within which there are cohesive design themes.  CD1-3 Neighborhood Improvement. We require viable existing residential and non-residential neighborhoods to be preserved, protected, and enhanced in accordance with our land use policies.
 Goal CD2: A high level of design quality resulting in public spaces, streetscapes, and developments that are attractive, safe, functional and distinct. 2410
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 CD2-1 Quality Architecture. We encourage all development projects to convey visual interest and character through:
• Building volume, massing, and height to provide appropriate scale and proportion;
• A true architectural style which is carried out in plan, section and elevation through all aspects of the building and site design and appropriate for its setting; and
• Exterior building materials that are visually interesting, high quality, durable, and appropriate for the architectural style.
 CD2-7 Sustainability. We collaborate with the development community to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping and buildings to reduce energy demand through solar orientation, maximum use of natural daylight, passive solar and natural ventilation, building form, mechanical and structural systems, building materials and construction techniques.  CD2-8 Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintenance of visibility and accessibility, and use of lighting.
 CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.  CD2-10 Surface Parking Areas. We require parking areas visible to or used by the public to be landscaped in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.  CD2-11 Entry Statements. We encourage the inclusion of amenities, signage and landscaping at the entry to neighborhoods, commercial centers, mixed use areas, industrial developments, and public places that reinforce them as uniquely identifiable places.
 CD2-12 Site and Building Signage. We encourage the use of sign programs that utilize complementary materials, colors, and themes. Project signage should be designed to effectively communicate and direct users to various aspects of the development and complement the character of the structures.  CD2-13 Entitlement Process. We work collaboratively with all stakeholders to ensure a high degree of certainty in the efficient review and timely processing of all development plans and permits.
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 Goal CD3: Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.
 CD3-1 Design. We require that pedestrian, vehicular, bicycle and equestrian circulation on both public and private property be coordinated and designed to maximize safety, comfort, and aesthetics.
 CD3-3 Building Entrances. We require all building entrances to be accessible and visible from adjacent streets, sidewalks or public open spaces.  CD3-5 Paving. We require sidewalks and road surfaces to be of a type and quality that contributes to the appearance and utility of streets and public spaces.  CD3-6 Landscaping. We utilize landscaping to enhance the aesthetics, functionality and sustainability of streetscapes, outdoor spaces and buildings.  Goal CD5: A sustained level of maintenance and improvement of properties, buildings and infrastructure that protects the property values and encourages additional public and private investments.
 CD5-1 Maintenance of Buildings and Property. We require all public and privately-owned buildings and property (including trails and easements) to be properly and consistently maintained.
 CD5-2 Maintenance of Infrastructure. We require the continual maintenance of infrastructure.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the Project site is not one of the properties in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. The 2412
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proposed project is located within the Airport Influence Area of Ontario International Airport and was evaluated and found to be consistent with the policies and criteria of the ALUCP. Any special conditions of approval associated with uses in close proximity to the airport are included in the conditions of approval provided with the attached Resolution.

ENVIRONMENTAL REVIEW: The Project is categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15332 (Class 32, Infill Development Projects) of the CEQA Guidelines and meets all of the following conditions: (a) the proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits and the area being developed is 0.86-acre, less than the maximum 5-acre threshold, and is substantially surrounded by urban land uses; (c) the Project site has no value as habitat for endangered, rare, or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site is adequately served by all required utilities and public services.

CONDITIONS OF APPROVAL: See attached department reports. 2413
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TECHNICAL APPENDIX:

Surrounding Zoning and Land Use:

Existing Land Use General Plan Designation Zoning Designation Site Parking Lot Downtown Mixed-Use District
MU-1/LUA-2N (Downtown
Mixed-Use/Arts District – North)
and EA (Euclid Avenue
Overlay)
North Office/Personal Services (Rojas
Enterprises) Downtown Mixed-Use District
MU-1/LUA-2N (Downtown
Mixed-Use/Arts District – North)
and EA (Euclid Avenue
Overlay)
South Rail (Southern Pacific
Transportation Company) Rail RC (Rail Corridor)
East Ontario Museum of History and
Art Downtown Mixed-Use District CIV (Civic)
West Work/Live Lofts (Emporia Street
Lofts) Downtown Mixed-Use District MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) General Site & Building Statistics
Item Proposed Min./Max. Standard
Meets
Y/N
Project Area: 0.86-acre N/A Y
Lot/Parcel Size: 0.86-acre N/A Y
Building Area: 33,787 SF N/A Y
Floor Area Ratio: 0.79 1.0 (Max.) Y
Building Height: 30 FT 35 FT (Max.) Y
Off-Street On-Site Parking:

Type of Use Building Area Parking Ratio Spaces
Required
Spaces
Provided
Motor Vehicle
Storage (Car
Condos):
27,756 SF 1 space per Car Condo Unit 20 20
Restaurant/
Drinking Place
(Tap Room):
2,470 SF 10 spaces per 1,000 SF (0.01/SF) of GFA 25
9 Office (Flex
Space): 3,455 SF General Business Office – 4 spaces per 1,000 SF (0.004/SF) of GFA 14 TOTAL 59 29
Parking Deficit (-30)
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Downtown Parking Model Block Demand Analysis:

Table 4: Available Public Parking with Proposed Use
[Spaces – Demand = Surplus or (Deficit)]
Block
OffStreet
Parking
OnStreet
Parking
6AM 7AM 8AM 9AM 10AM 11AM 12NN 1PM 2PM
67 60 32 90 87 82 74 75 74 74 74 74
68 45 20 12 13 2 15 15 16 15 11 9
71 27 11 12 13 12 4 (3) (9) (12) (14) (13)
72 9 5 14 12 7 5 5 (1) (11) (10) (14)
Total
Surplus/
(Deficit)
141 68 129 125 103 98 92 81 67 61 56
Block
OffStreet
Parking
OnStreet
Parking
3PM 4PM 5PM 6PM 7PM 8PM 9PM 10PM 11PM 12MN
67 60 32 76 82 86 89 90 90 90 90 92 92
68 45 20 12 2 2 5 13 12 18 22 21 19
71 27 11 (12) (9) (8) (10) 6 6 6 6 6 6
72 9 5 (3) (7) (2) (4) (11) (8) 14 14 14 14
Total
Surplus/
(Deficit)
141 68 72 67 78 80 99 100 128 132 133 131
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Exhibit A—Project Location Map
Project Site
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Exhibit B—Tentative Parcel Map
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Exhibit C—Site Plan
N
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Exhibit D—Conceptual Elevations
North Elevation
West Elevation
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Exhibit D—Conceptual Elevations (continued)
South Elevation
East Elevation
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Exhibit E—Project Renderings
Northeast Corner of the Project Site on Emporia Street Northeast Corner of the Project Site on Emporia Street East Elevation on Euclid Avenue
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Exhibit F—Landscape Plan
N
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Exhibit G— Downtown Parking Model Blocks Map
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Exhibit H— Downtown Parking Model Blocks Map: Blocks 67, 68, 71, and 72 2424
RESOLUTION NO. PC22-007

A RESOLUTION OF THE PLANNING/HISTORIC PRESERVATION

COMMISSION OF THE CITY OF ONTARIO, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL APPROVE FILE NO. PUD22-001,

A PLANNED UNIT DEVELOPMENT (ART DISTRICT WEST PLANNED

UNIT DEVELOPMENT) TO ESTABLISH DEVELOPMENT STANDARDS,

DESIGN GUIDELINES AND INFRASTRUCTURE REQUIREMENTS ON

0.86-ACRE PROPERTY LOCATED AT 125 WEST EMPORIA STREET,
WITHIN THE MU-1/LUA-2N (DOWNTOWN MIXED-USE/ARTS DISTRICT – NORTH) AND EA (EUCLID AVENUE OVERLAY) ZONING DISTRICTS, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1049-059-14.

WHEREAS, RWSS DEVELOPMENT LLC. ("Applicant") has filed an Application for the approval of a Planned Unit Development, File No. PUD22-001, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 0.86-acre of land located at the eastern terminus of Emporia Street, north of the Southern Pacific Railroad right-of-way, at 125 West Emporia Street within the within the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and EA (Euclid Avenue Overlay) zoning districts, and is currently developed with a paved public parking lot; and
WHEREAS, the property to the north of the Project site is within the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and EA (Euclid Avenue Overlay) zoning district and is developed with Office/Personal Services (Rojas Enterprises). The property to the east is within the CIV (Civic) zoning district and is developed with Ontario Museum of History and Art. The property to the south is within the RC (Rail Corridor) zoning district and is developed with a railroad for the Union Pacific Railroad. The property to the west is within the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) zoning district and is developed with Work/Live Lofts (Emporia Street Lofts); and WHEREAS, Ontario Plan describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere, where the historic character is prominent. The most intensive uses are envisioned along Euclid Avenue and Holt Boulevard. The Downtown Mixed-Use Area is the historic core of Ontario, which has a unique blend of historic, social, and cultural uses set in a compact street grid. The Downtown Mixed-Use Area includes the Civic Center, City library and surrounding diverse residential neighborhoods that provide increased demand for retail opportunities along Euclid Avenue, Holt Boulevard and B Street; and
WHEREAS, the Policy Plan specifies that the Downtown Mixed-Use Area is to be implemented through the approval of an Area Plan or Planned Unit Development (“PUD”) 2425
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prior to the development of properties within the Area. In compliance with this requirement, the Applicant has submitted the Art District West Planned Unit Development (included as Attachment A), which is consistent with this vision, and the goals and policies of the Policy Plan; and
WHEREAS, the purpose of the PUD is to secure a fuller realization of the Policy Plan than would result from the strict application of present zoning district regulations and to: [a] promote high standards in urban design; [b] encourage the development of exceptionally high quality, mixed-use, medium to high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and [c] ensure harmonious relationships with surrounding land uses; and WHEREAS, the Art District West Planned Unit Development (“ADWPUD”) is intended to function as a set of planning and design principles, development regulations, and performance standards to guide and govern the development of the 0.86-acre site.

The ADWPUD will facilitate the development of retail and commercial services that will help achieve the City’s goals to economically revitalize and aesthetically enhance the historic downtown area; and
WHEREAS, a PUD is comparable to a Specific Plan in that it sets development regulations that are unique to a specific area; however, it is also unlike a Specific Plan in that a PUD is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project; and
WHEREAS, the Project was submitted in conjunction with a Tentative Parcel Map (File No. PMTT21-009 (TPM 20394)) to subdivide 0.86-acre of land into a single lot to establish 22 commercial airspace condominium units, a Development Plan (File No.

PDEV21-017) to construct two commercial buildings totaling 33,787 square feet, and a Certificate of Appropriateness (File No. PHP21-021) to allow for the construction of the proposed Project within the Euclid Avenue Overlay Zoning District; and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act, commencing with Public Resources Code Section 21000 (hereinafter referred to as "CEQA"); and
WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
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WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning/Historic Preservation Commission the responsibility and authority to review and make recommendation to City Council on the subject Application; and WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development Projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (“ALUCP”), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on February 22, 2022, the Planning/Historic Preservation Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND RESOLVED by the Planning/Historic Preservation Commission of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning/Historic Preservation Commission has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning/Historic Preservation Commission, the Planning/Historic Preservation Commission finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and 2427
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(2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, Infill Development Projects) of the CEQA Guidelines and meets all of the following conditions: (a) the proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits and the area being developed is 0.86-acre, less than the maximum 5-acre threshold, and is substantially surrounded by urban land uses; (c) the Project site has no value as habitat for endangered, rare, or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site is adequately served by all required utilities and public services; and (3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the Planning/Historic Preservation Commission.

SECTION 2: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Project, the Planning/Historic Preservation Commission finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the Project site is not one of the properties in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

SECTION 3: Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the ALUCP, establishing the Airport Influence Area for Ontario International Airport (hereinafter referred to as “ONT”), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending authority for the Project, the Planning/Historic Preservation Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP compatibility factors, including [1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2-3), [3] 2428
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Airspace protection Zones (ALUCP Map 2-4), and [4] Overflight Notification Zones (ALUCP Map 2-5). As a result, the Planning/Historic Preservation Commission, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP.

SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning/Historic Preservation Commission during the abovereferenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the Planning/Historic Preservation Commission hereby concludes as follows:
(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The proposed Project is located within the Downtown Mixed Use land use district of the Policy Plan Land Use Map, and the LUA-2N (Arts District - North) of the MU-1 (Downtown Mixed-Use) and EA (Euclid Avenue Overlay) zoning districts. The development standards and conditions under which the proposed Project will be constructed and maintained, is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

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and availability of utilities, for the request and anticipated development. In preparing the proposed PUD, a thorough review and analysis of the proposed project and the Project site’s physical suitability for the proposed Project was completed, including analysis of the Project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage. (5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The proposed PUD addresses aspects of the project that are specifically related to the Development Plan proposed in conjunction with the PUD application, including necessary building setbacks, site access points, off-street parking and site circulation, and architectural character.

SECTION 5: Planning/Historic Preservation Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the Planning/Historic Preservation Commission hereby RECOMMENDS THE CITY COUNCIL APPROVES the herein described Application, subject to each and every condition set forth in the Department reports attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 7: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East “B” Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 8: Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.
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Planning/Historic Preservation Commission Resolution
File No. PUD22-001
February 22, 2022

Page 9 ends

ATTACHMENT A:

File No. PUD22-001
Art District West Planned Unit Development
Departmental Conditions of Approval
(Departmental conditions of approval to follow this page) 2433
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Prepared By:

RWSS Development
1405 Fairplex Drive, Suite B3
La Verne, CA 91750
And
City of Ontario Planning Department
Art District West - The Vault
Planned Unit Development
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TABLE OF CONTENTS

1. INTRODUCTION 4

2. PUD OBJECTIVES 5

2.1 THE ONTARIO PLAN (TOP) CONSISTENCY 5

2.2 CENTER CITY REDEVELOPMENT PLAN OBJECTIVES 14

2.3 MU-1 (DOWNTOWN MIXED USE) ART DISTRICT NORTH LUA-2N 14

2.4 PUD DISTRICT PURPOSE AND OBJECTIVES 15

3. LAND USE PLAN 17

3.1 LAND USE DESIGNATION 17

3.2 PERMITTED USES 18

4. DEVELOPMENT REGULATIONS 22

4.1 INTENSITY 22

4.2 BUILDING HEIGHT 22

4.3 BUILDING/PARKING SETBACKS 22

4.4 LANDSCAPING 23

4.5 EQUIPMENT/MECHANICAL SCREENING 24

4.6 FENCING AND WALLS 24

4.7 CAR CONDO (VEHICLE) STORAGE REGULATIONS 25

5. CIRCULATION AND PARKING 27

5.1 PEDESTRIAN CONNECTIONS 27

5.2 PUBLIC RIGHT-OF-WAY IMPROVEMENTS 27

5.3 INFRASTRUCTURE 27

5.4 PARKING 28

6. DESIGN GUIDELINES 29

6.1 SITE DESIGN 29

6.2 BUILDING ORIENTATION 29

6.3 BUILDING STREET SIDE SETBACKS 29

6.4 STREET FRONTAGE AND PARKING LOTS 29

6.5 SERVICE AND STORAGE AREA 30

6.6 REFUSE CONTAINERS 30
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6.7 SIDEWALKS 30

6.8 ARCHITECTURE CHARACTER\DETAILS 30

6.9 OUTDOOR DINING AREAS 33

6.10 SIGNS 33

6.11 LIGHTING 33

7. HISTORIC PRESERVATION 34

7.1 HISTORIC CONTEXT AND BACKGROUND 33

7.2 EXISTING HISTORIC RESOURCES 34

8. ADMINISTRATION 36

8.1 ITEMS NOT ADDRESSED IN PUD 36

8.2 DEVELOPMENT APPLICATIONS 36

8.3 ADMINISTRATIVE EXCEPTIONS 36

LIST OF EXHIBITS AND TABLES
EXHIBIT 1-1: PUD LOCATION MAP 4
EXHIBIT 1-2: TOP POLICY PLAN DOWNTOWN MIXED-USE AREA 5
EXHIBIT 1-3: MU-1 (DOWNTOWN MIXED-USE) DISTRICTS MAP 15 EXHIBIT 1-4: PUD LAND USE PLAN 17
TABLE 3-1: PERMITTED USES 18
TABLE 4-1: BUILDING(S) SETBACKS 23
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1. INTRODUCTION
This document is intended to function as a set of planning and design principles, development regulations and performance standards to guide and govern the development of a 0.86-acre parcel of land located on the southeast corner of Laurel Avenue and Emporia Street (see Exhibit 1-1, PUD Location Map).

The project site is located within the Ontario Plan Downtown Mixed-Use District, which requires the establishment of a Planned Unit Development (PUD) prior to development. The PUD fulfills the requirements of MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) zoning district, as set forth in Ontario Development Code Section 4.01.030 (Planned Unit Developments (PUD) and Amendments). The Art District West Planned Unit Development (PUD) will replace the existing zone district designations and zoning standards that apply to the affected property. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply. City staff and private developers will rely on this PUD to determine whether precise plans for development ("Development Plans") will adequately meet the City's land use and design objectives.

Exhibit 1-1: PUD Location Map
Project Site
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2. PUD OBJECTIVES

2.1 THE ONTARIO PLAN (TOP) CONSISTENCY
The Ontario Plan (TOP) Policy Plan (General Plan) designates the project area and surrounding properties as MU-1 (Downtown Mixed-Use). The Ontario Plan describes the Downtown MixedUse Area as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere where the historic character is prominent. The most intensive uses are envisioned along Euclid Avenue and Holt Boulevard. The Downtown Mixed-Use Area is the historic heart of Ontario, which has a unique blend of historic, social and cultural uses set in a compact street grid. The Downtown Mixed-Use Area includes the Civic Center, City library and surrounding diverse residential neighborhoods that provide increased demand for retail opportunities along Euclid Avenue, Holt Boulevard and B Street. The densities and intensities of the mixed-use designation represented within The Ontario Plan (TOP) are the intended level of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development.

Exhibit 1-2: TOP Policy Plan Downtown Mixed-Use Area
The West Art District PUD is consistent with the principles, goals, and policies contained within the components that make up The Ontario Plan (TOP), including: (1) Vision, (2) Policy Plan (General Plan), and (3) City Council Priorities. The policies furthered by this PUD are as follows:

1. Vision
On February 13, 2007, the Ontario City Council adopted The Ontario Vision. The central theme that motivates the Vision is – “A sustained, community-wide prosperity which continuously adds value and yields benefits.” Everything the City does and every action the City takes is done with the simple yet comprehensive theme in mind, from the design quality of the built environment, to the intent of designing socio-economic programs, to the way in which its leaders govern as a community. In discussing a Vision that would endure for the lifetime of The Ontario Plan (30 years or more), the City 2438
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Council recognized that there are four components that serve as the basic building blocks that set the foundation for a unified and prosperous community. These foundational blocks must be expressed and widely accepted throughout the Plan’s lifetime. They are:

1. A Dynamic Balance that enables our community to confront the continued dynamic growth of the region and technological change with confidence and a sense of opportunity.

2. A Prosperous Economy that sustains the perception and reality of prosperity across our entire community that positively impacts all the people of Ontario and is broadly – though not uniformly – shared.

3. Distinctive Development that integrates our varied and diverse focal points, districts, villages, and neighborhoods to provide a feeling of coherence without sacrificing uniqueness.

4. Recognized Leadership in local governance that stimulates excellence and serves to unify the people of Ontario in support of best practices in conducting public endeavors.

The Art District West PUD will implement the Ontario Vision in several ways that will further the City’s desire to be a sustainable and prosperous community.

DISTINCTIVE DEVELOPMENT
Commercial and Residential Development
• The PUD will support, the City’s Civic Center area, new multifamily developments and surrounding existing residential neighborhoods by providing the increased demand for retail uses and artistic uses in a more pedestrian friendly atmosphere. • The PUD will seek to ensure additional mix of retail uses in the downtown that will provide additional services to the surrounding community and Civic Center area.

Design Quality
• The PUD will require a well-designed project(s) that covey’s visual interest and character through:
 Appropriate scale and massing
 Architectural style and design that are complementary and appropriate for its setting.
 The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style.  Appropriate Site Planning to ensure building orientation visibility from the street, adequate number of driveways, sidewalks, building setbacks, parking lot orientation, adequate refuse storage areas and well-designed street frontages.
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Public Safety
• The PUD will ensure that proper exterior lighting standards be located and designed to minimize direct glare beyond parking lots and future residential development/ or mixed-use projects in the downtown area. In addition, the Ontario Police Department requires that all lighting standards comply with a one-foot candle illumination to provide a level of security and public safety within the retail center.

2. Policy Plan

LAND USE ELEMENT
LU1 Balance
Goal LU1: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.

The PUD, through the development of retail, commercial uses and artistic uses, will help provide jobs to support the existing and new development within the surrounding downtown area.

Policies
• LU1-3 Adequate Capacity. We require adequate infrastructure and services for all development.

The PUD, along with the future development entitlements for the site, will require the necessary infrastructure to serve the site and provide the necessary right-of-way dedication for street widening.
• LU1-4 Mobility. We require development and urban design, where appropriate, that reduces reliance on the automobile and capitalizes on multi-modal transportation opportunities.

TOP Mobility Element System (Figure M-1) identifies Holt Boulevard as a future Bus Rapid Transit (BRT) Corridor. The PUD will seek to capitalize pedestrian traffic, vehicle and future BRT ensuring a mix of retail, commercial and artistic uses that will provide a variety of goods and services to the surrounding community and the future Buss Rapid Transit (BRT) users.

LU2 Compatibility
Goal LU2: Compatibility between a wide range of uses.
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The PUD, through land use regulations for permitted uses, have ensured that those permitted uses allowed within the PUD are compatible with the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and surrounding area and not allow those uses that may have potential to create adverse impacts to the surrounding area.

Policies:
• LU2-1: Land Use Decisions: We minimize adverse impacts on adjacent properties when considering land use and zoning requests.

The PUD, through the site planning, requires the that future building(s) developed on the site shall be placed along the frontage of Emporia Street to keep a buffer between the Southern Pacific Railroad to the south of the project and the future and existing developments to the north.
• LU2-4 Regulation of Nuisances. We regulate the location, concentration and operations of potential nuisances.

The project area is zoned MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and requires that a PUD be implemented for the project area to establish the development standards, land use regulations and design guidelines. The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown, Civic Center and surrounding residential area. Careful consideration has been given to ensure that permitted uses that may have potential to create adverse impacts to the surrounding area are not allowed. Those uses with operations that may have potential to create nuisances, will require discretionary approval through the Conditional Use Permit process.
• LU2-5 Regulation of Uses. We regulate the location, concentration and operations of uses that have impacts on surrounding land uses. The project area is zoned MU1/LUA-2N (Downtown Mixed-Use/Arts District – North) and requires that a PUD be implemented for the project area to establish the development standards, land use regulations and design guidelines. The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown, Civic Center and surrounding residential area. Careful consideration has been given 2441
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to ensure that permitted uses that may have potential to create adverse impacts to the surrounding area are not allowed.

LU3 Flexibility
Goal LU3: Staff, regulations and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision. • LU3-1 Development Standards. We maintain clear development standards which allow flexibility to achieve our Vision.

To provide flexibility the densities and intensities of the mixed-use designation represented within TOP are the intended level of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development. The project area is zoned MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and requires that a PUD be implemented for the project area to establish the development standards, land use regulations and design guidelines. The development standards within the PUD are intended to ensure quality and appropriate development to achieve TOP Vision for well-designed projects that covey visual interest.

COMMUNITY ECONOMICS ELEMENT
CE1 Complete Community
Goal CE1: A complete community that provides for all incomes and stages of life.

The permitted uses within PUD have been established to provide retail, commercial and artistic uses to enhance the economic growth of downtown and serve the surrounding residential areas.

Policies:
• CE1-7 Retail Goods and Services. We seek to ensure a mix of retail businesses that provide the full continuum of goods and services for the community.

The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown and surrounding residential areas. These retail, commercial and artistic uses that will help to revitalize the downtown area and enhance its economic growth by much needed commercial and retail opportunities.
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CE2 Place-Making
Goal CE2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.

The PUD will seek to ensure a mix a retail, commercial and artistic uses that will provide a variety of goods and services for the downtown and surrounding area. The PUD will seek to help revitalize the downtown area and enhance its economic growth by creating retail, commercial and artistic uses that provide opportunities within a historic downtown setting. The PUD area will be distinctive through the requirement of well-designed project(s) that respect and complement the historic context of downtown consist with the Downtown Ontario Design Guidelines (Adopted in 1998) through:
 Appropriate scale and massing
 Architectural style and design that are complementary and appropriate to for its setting.
 The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style.
 Appropriate site planning to ensure building orientation visibility from the street, adequate number of driveways and sidewalks. Building setbacks, parking lot orientation, adequate refuse storage areas and well-designed street frontages.

MOBILITY ELEMENT
M3 Public Transit
Goal M3: A public transit system that is a viable alternative to automobile travel and meets basic transportation needs of the transit dependent.

TOP Mobility Element System (Figure M-1) identifies Euclid Avenue as a future Bus Rapid Transit (BRT) Corridor. The PUD will seek to capitalize pedestrian traffic, vehicle and future BRT ensuring a mix of retail and commercial uses and business that will provide a variety of goods and service to the surrounding community and the future Buss Rapid Transit (BRT) users. The PUD, along with the future development entitlements for the site, will require the necessary infrastructure to serve the site and provide the necessary rightsof-way dedication for street widening.

Policies:
• M3-4 Bus Rapid Transit (BRT) Corridors. We work with regional transit agencies to implement BRT service to target destinations and along corridors, as shown in the Transit Plan.

TOP Mobility Element System (Figure M-1) identifies Euclid Avenue as future Bus Rapid Transit (BRT) Corridor. The PUD will seek to capitalize pedestrian traffic, 2443
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vehicle and future BRT ensuring a mix of retail, commercial and artistic uses and business that will provide a variety of goods and service to the surrounding community and the future Buss Rapid Transit (BRT) users. The PUD, along with the future development entitlements for the site, will require the necessary infrastructure to serve the site and provide the necessary rights-of-way dedication for street widening.

COMMUNITY DESIGN
CD1 Image & Identity
Goal CD1: A dynamic, progressive city containing distinct neighborhoods and commercial districts that foster a positive sense of identity and belonging among residents, visitors, and businesses.
• To provide flexibility the densities and intensities of the mixed-use designation represented within TOP are the intended level of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development. The project area is zoned MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and requires that a PUD be implemented for the project area to establish the development standards, land use regulations and design guidelines. The development standards within the PUD are intended to ensure quality and appropriate development to achieve TOP Vision for well-designed projects that covey visual that respect and complement the historic context of downtown.

Policies:
• CD1-2 Growth Areas. We require development in growth areas to be distinctive and unique places within which there are cohesive design themes.

The PUD will seek to ensure a mix a retail, commercial and artistic uses that will provide a variety of goods and services for the downtown and surrounding area.

The PUD will seek to help revitalize the downtown area and enhance its economic growth by creating retail, commercial and artistic uses that will provide opportunities within a historic downtown setting. The PUD area will be distinctive through the requirement of well-designed project(s) that respect and complement the historic context of downtown consist with the Downtown Ontario Design Guidelines (Adopted in 1998) through:
 Appropriate scale and massing
 Architectural style and design that are complementary and appropriate to for its setting.
 The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style. 2444
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 Appropriate site planning to ensure building orientation visibility from the street, adequate number of driveways and sidewalks. Building setbacks, parking lot orientation, adequate refuse storage areas and well-designed street frontages.
• CD1-4 Transportation Corridors. We will enhance our major transportation corridors within the City through landscape, hardscape, signage and lighting.

TOP Mobility Element System (Figure M-1) identifies Holt Boulevard as future Bus Rapid Transit (BRT) Corridor. The PUD will seek to capitalize pedestrian traffic, vehicle and future BRT ensuring a mix of retail, commercial and artistic business that will provide a variety of goods and service to the surrounding community and the future Buss Rapid Transit (BRT) users.

CD2 Design Quality
Goal CD2: A high level of design quality resulting in public spaces, streetscapes, and developments that are attractive, safe, functional and distinct.

Policies:
• CD2-1 Quality Architecture. We encourage all development projects to convey visual interest and character through:
• Building volume, massing, and height to provide appropriate scale and proportion;
• A true architectural style which is carried out in plan, section and elevation through all aspects of the building and site design and appropriate for its setting; and
• Exterior building materials that are visually interesting, high quality, durable, and appropriate for the architectural style.

The PUD will seek to help revitalize the downtown area and enhance its economic growth by creating retail, commercial and artistic opportunities within a historic downtown setting. The PUD area will be distinctive through the requirement of well-designed project(s) that respect and complement the historic context of downtown consist with the Downtown Ontario Design Guidelines (Adopted in 1998) through:
 Appropriate scale and massing
 Architectural style and design that are complementary and appropriate to for its setting.
 The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style.  Appropriate site planning to ensure building orientation visibility from the street, adequate number of driveways and sidewalks. Building setbacks, 2445
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parking lot orientation, adequate refuse storage areas and well-designed street frontages.
• CD2-3 Commercial Centers. We desire commercial centers to be distinctive, pedestrian friendly, functional and vibrant with a range of businesses, places to gather, and connectivity to the neighborhoods they serve.

The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown, Civic Center, Arts District and surrounding residential area. The PUD will seek to capitalize on the downtown location by ensuring a mix a retail, commercial and artistic uses that will easily accessed by pedestrians through downtowns unique grid street pattern design. • CD2-5 Streetscapes. We design new and, when necessary, retrofit existing streets to improve walkability, bicycling and transit integration, strengthen connectivity, and enhance community identity through improvements to the public right of way such as sidewalks, street trees, parkways, curbs, street lighting and street furniture.

The PUD, along with the future development entitlements for the site, will require the necessary infrastructure to serve the site and provide the necessary right-of-way dedication and/or improvements.
• CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.

The PUD development standards will ensure landscape design and materials will be used to enhance the aesthetics of structure(s), create and define public and private spaces, and provide shade and environmental benefits. • CD2-10 Surface Parking Areas. We require parking areas visible to or used by the public to be landscaped in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.

The PUD development standards will ensure water conservation be provided through low water using plant materials, hydro zones, water efficient irrigation and weather-based controllers. Landscaped areas may be used for storm water infiltration through vegetated swales, retention basins, or dry wells as needed with the use of appropriate planting materials. Broad canopy shade trees will be used to reduce heat gain on buildings, paving and parking areas

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City Council Priorities
 Invest in the Growth and Evolution of the City’s Economy  Maintain the Current High Level of Public Safety
 Operate in a Businesslike Manner
 Pursue City's Goals and Objectives by Working with Other Governmental Agencies
 Focus Resources in Ontario's Commercial and Residential Neighborhoods  Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
 Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
 Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch

2.2 CENTER CITY REDEVELOPMENT PLAN OBJECTIVES
The Center City Project Area encompasses the historic Euclid Avenue District, as well as East Holt Boulevard. Ontario’s City Hall and surrounding Civic Center, Senior Center, Ovitt Family Community Library, the Museum of History and Art, Ontario Town Square, and the Law School of the University of La Verne are all within the Center City Project Area. Development is designed to create an immediate and positive identity transforming the area into a comfortable place to stroll and be seen.

The current goals of the Center City Project include:
 Encourage development of a high intensity, multi-use central business district and surrounding neighborhoods that maximize the economic productivity of the commercial areas and maximize the housing opportunities of the residential areas.  Apply innovative mixed-use urban design that maintains a flexible approach to allow for changing opportunities over a long-term, phased revitalization effort.  Create a healthy and exciting urban environment, with the ability to work, live, shop and play within a small area, combine daytime and nighttime use and conserve energy and resources through mixed use development.
 Cluster activity centers within walking distance of each other, supported by a pedestrian network that provides an enjoyable pedestrian flow.

2.3 MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) The project is located within MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) zoning district (see Exhibit 1-3, MU-1 (Downtown Mixed Use) Districts Map). The Arts District is intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area 2447
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is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District.

The Arts District North is intended to accommodate a mix of work/live lofts, artisan co-ops, restaurants, galleries, breweries, and other commercial uses intended to strengthen the economic base of the area.

2.3 PUD DISTRICT PURPOSE AND OBJECTIVES
The Art District West Planned Unit Development (PUD) is intended to function as a set of planning and design principles, development regulations, and performance standards to guide and govern the development of the 0.86-acre site. This PUD will facilitate the development of retail, commercial and artistic services that will help achieve the City’s goals to economically revitalize and aesthetically enhance the historic downtown area.

The objectives of the PUD District are to:
 Promote development projects that are consistent with the land use/downtown revitalization objectives of the Center City Redevelopment Project area.  Promote the revitalization the downtown area and enhance its economic growth by creating retail uses within a historic downtown setting.

Exhibit 1-3: MU-1 (Downtown Mixed Use) Districts Map

PUD SITE
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 Promote community retail, commercial and artistic uses to meet the needs of the downtown residents, Civic Center visitors and surrounding residential neighborhoods.  Promote the development of outdoor patio as part of the commercial development providing for social and pedestrian interaction.
 Orient commercial buildings along the frontage of Emporia Street and Euclid Avenue to create an accessible urban edge and sense of arrival and appropriate relationships among new and existing adjacent land uses.
 Provide for a circulation network which promotes pedestrian walkways and bicycle activity as alternative modes of travel while also providing for safe and efficient movement of automobile travel through the project site.  Incorporate a landscape to enhance and compliment the urban environment along Emporia Street and the Euclid Avenue slope along the eastern boundary of the site. 2449
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3. LAND USE PLAN

3.1 LAND USE DESIGNATION
This PUD establishes the MU-1 Commercial district and the land use designations, as shown on Exhibit 1-4, Permitted Use Table, for the project limits. Retail, commercial and artistic uses are strongly encouraged to accommodate a mix of artisan co-ops, restaurants, galleries, breweries, and other commercial uses intended to strengthen the economic base of the downtown area.

Exhibit 3-1: Land Use District Map

3.2 PERMITTED USES
Table 3-1 (Permitted Uses) shows the allowable land use, activity or facility permitted within the Mixed Use 1 (MU-1) Commercial District of the Art District West PUD. A land use not listed in Table 3-1 shall be considered a prohibited land use. For a land uses like those listed in Table 3-1, but not expressly stated in the PUD, the Planning Director or her/his designee has the authority to make a determination of applicability of the similar land uses.

Exhibit 1-4: PUD Land Use Plan
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

All other uses not listed as Permitted or Conditional are prohibited unless a finding can be made by the Planning Director that the use is similar to, and no more objectionable than, a permitted or conditional use.

Land Use MU-1
Commercial Notes

MEDICAL
Animal Hospital/Veterinarian NP
Medical Office NP

MEDICAL OFFICE/FAMILY CLINIC
Pharmacies and Drug Stores NP
Pharmacies and Drug Stores with Drive-thru Facilities NP Industrial Clinic NP

PUBLIC FACILITIES
Police / Fire Station P
Police Storefront / Substation P

RELIGIOUS
Religious Assembly C
NON-PROFIT/SERVICE ORGANIZATIONS 501 (C) (3)
(PER DEVELOPMENT CODE SECTION 9-101305 N)
Campaign Offices P
Charitable, Philanthropic, Service and Other Non-Profit Organization Offices P Charitable Distribution Services (i.e. Food Banks, etc.) NP

ALCOHOL
Alcoholic Beverage Sales for Off-Premise Consumption C
Alcoholic Beverage Sales for On-Premise Consumption GFA than 10,000 SF A/C 1 Alcoholic Beverage Sales for On-Premise Consumption GFA more than 10,000 SF C 1 Liquor Store NP

AUTOMOBILE RELATED SERVICES
Automotive Parts and Accessories Stores (Retail Sales Only) P Indoor Vehicle (Car Condos) storage and display P 3
Automotive Services (i.e. Tune-Up, Emission Tests, Batteries, etc.

No use of impact wrenches or other equipment that could create noise impacts.) NP Minor Repair (i.e. Brakes, tires, radiators, electrical, etc.) NP Gas Stations NP
Tire Stores NP
Car Wash – Full NP

TELECOMMUNICATIONS FACILITIES
Wireless Telecommunications Facility (Refer to the Development Code) 2451
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

Land Use MU-1
Commercial Notes

DAY CARE FACILITIES
Commercial Daycare NP

EATING DRINKING PLACES AND FOOD SERVICES
Restaurants (Sit Down / Full Service) P
Banquet Facilities in conjunction with a restaurant P
Bar/Cocktail Lounge C
Tap Room, Pub, Wine Bar (Including Tastings) A
Fast Food P
Fast Food with Drive-thru Facilities NP
Caterers P

ENTERTAINMENT AND RECREATION
Live Entertainment (in conjunction with restaurant use only) – GFA than 10,000 SF A/P Live Entertainment (in conjunction with restaurant use only) – GFA 10,000 or more SF C

OFFICES
Administrative, Professional, and Other Offices P
RETAIL
Antique Stores P
Art Galleries and Art Supply Store P
Art Dealers P
Beauty Supply Store P
Book Stores P
Hardware Store P
Camera and Photographic Supply Store P
Cigar and other Tobacco Products Store NP
Clothing and Accessory Stores P
Computer and Home Electronic Stores P
Convenience Store P
Florist P
Furniture Stores P
General Merchandise Stores P
Department Store P
Discount Variety Store NP
Guns and Ammunition Stores NP
Hobby, Toy and Game Store P
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

Land Use MU-1
Commercial Notes
Home Appliance Store P
Jewelry Store P
Luggage and Leather Goods P
Music and Video Stores P
Office Supply, Stationery & Gift Stores P
Pawnshop / Pawnbroker NP
Pet and Pet Supply Store P
Shoe Store P

FOOD AND BEVERAGE STORES
Bakery P
Delicatessen P
Convenience Market P
Grocery Store P
Specialty Food Stores P

SERVICES
Advertising Agency P
Data Processing Services P
Photography Studio P
Photocopying and Duplicating Services P

FINANCIAL SERVICES
Banks, Credit Unions and other Depository Institutions P Banks, Credit Unions and other Depository Institutions with Drive-thru Facilities NP Check Cashing NP
Check / Payday Advance NP
Money Transmitting NP
Other Financial Services NP

PERSONAL SERVICES
Barber Shop and Beauty / Nail Salon P
Dry Cleaners P
Laundry - Commercial NP
Pet Grooming P
Tailor P
Travel Agency P

REPAIR SERVICES
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

Land Use MU-1
Commercial Notes
Computer, Home Electronics, and Small Home Appliances
(when ancillary to another use)
NP
Electrical Equipment NP
Jewelry and Watches / Clocks P
Locksmith / Key Shop P

MANUFACTURING
Boutique/Artisan Small-Scale and Micro Manufacturing Facilities P 2

INFORMATION
Sound (Audio) Recording Studio P

RESIDENTIAL
Multiple Family Dwellings NP
Second Dwelling Units NP
Senior Housing Developments NP
Single-Family Dwellings NP
Single Room Occupancy Facilities NP
Supportive Housing NP
Work/Live Units C

EDUCATIONAL SERVICES, SCHOOLS AND INSTRUTION
Public/Private Fine Arts Schools (nonacademic instruction, including music, dance, performing arts, drama, photography, ceramics, painting and sculpture) P
Arts, Entertainment and Recreation
Promotors of Preforming Arts, Sports and Similar (offices only) P Independent Artist, Writers, and Performers (office only) P Notes

1. In the MU-1 zoning district, live entertainment is administratively permitted only in conjunction with a bona fide restaurant or alcoholic beverage manufacturer’s tasting room, tap room, pub or wine room.

2. See Ontario Development Code Section 5.03.037 (Artisan Small-Scale and Micro Manufacturing Facilities)

3. See Section 4.4 Car Condo (Vehicle) Store Regulations 2454
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4. DEVELOPMENT REGULATIONS
This section sets forth the standards to govern the placement, height, and bulk of permitted buildings and structures; to establish locational criteria for vehicular access to site, parking and loading requirements, landscape, sign standards; and identify historic preservation features to be incorporated and/or considered for development plans. Unless otherwise stated herein, all development within the project area shall meet the applicable standards and requirements of the Ontario Development Code.

4.1 INTENSITY
Commercial retail uses within the mixed-use district are allowed a Floor Area Ratio (FAR) of up to 1.0. Floor Area Ratio is calculated by dividing the building square footage by the net lot area (after right-of-way dedications).

4.2 BUILDING HEIGHT
The buildings within the MU-1 PUD Commercial district area shall be a maximum of 35 feet or consistent with scale and height of the adjacent buildings along Emporia Street. Architectural projections, such as parapet articulations, cornices, towers, etc. may be constructed at a height of 25% above the prescribed height of the zoning district.

4.3 BUIDING\PARKING SETBACKS
All setbacks shall be measured from the ultimate property lines after all dedications to develop streets to the ultimate right-of-way width (Table 4-1, Building Setback(s)). Placement of buildings, structures, fences, walls, utility facilities, yards, etc. will be based on the street right-ofway and property line dimensions. 2455
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4.4 LANDSCAPING
Landscaping elements provide significant contributions to the aesthetic quality and character of the Art District West PUD, with respect to public and private spaces. Detailed landscape/irrigation plans shall be included in the Development Plan submittals for the PUD. The plan shall specify all landscape and hardscape elements for the development plan site and indicate how the improvements will coordinate with the other sites within the PUD. The landscape plans shall show the location of all ground mounted utility structures such as transformers, back flow prevention devices, trash enclosures, and HVAC equipment and indicate the methods for screening these items. All utility structures and equipment shall be screened from view of the public streets and adjacent development.

Table 4-1: Building(s) Setbacks
MU-1 Commercial District Development Standards
Requirements MU-1
Commercial
District
Additional Requirements
Building Development Standards

1. Emporia Street Setback 0 Feet Minimum

3.5 Feet Maximum
Building Architectural features/
awnings may encroach into the rightof-way, subject to the California Building Code requirements.

2. Euclid Avenue Street Setback 0 Feet Minimum
5 Feet Maximum
Building Architectural features/
awnings may encroach into the rightof-way, subject to the California Building Code requirements.

Edge of slope (right-of -way), along
the Euclid Avenue Street side
frontage, shall be landscaped.

3. Interior Side Property Setbacks

4. Rear Property Setbacks
0 Feet Minimum
0 Feet Minimum
Setback areas shall be landscaped
Site Development Standards

1. Minimum Landscape Coverage N/A All setback areas, building entry areas shall be landscaped.

2. Minimum Parking Space or
Drive Aisle Setbacks to face of
curb
5 feet Setback areas shall be landscaped.

3. Minimum Parking Space or
Drive Aisle Setbacks to Interior
Side Property Lines
5 Feet Setback areas shall be landscaped.

4. Minimum Parking Space or
Drive Aisle to buildings, walls or
fences
5 Feet Setback areas shall be landscaped.
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Water conservation shall be provided through low water using plant materials, hydro zones, water efficient irrigation and weather-based controllers. Landscaped areas may be used for storm water infiltration through vegetated swales, retention basins, or dry wells as needed with the use of appropriate planting materials. Broad canopy shade trees shall be used to reduce heat gain on buildings, paving and parking areas. The plan shall identify all existing trees on site and preserve them where possible. The landscape design shall meet the requirements of the Landscape Development Standards outlined in the Ontario Development Code and shall create wellfunctioning spaces within a sustainable design.

Landscaping shall be used on the site to show transition from adjacent uses, define a circulation pattern on the lot, screen the parking lot from the street, highlight entries, provide shade for parking as well as outdoor seating areas, and to soften the appearance of the building.

Developments shall comply with the following:
• All setback areas, building entry areas shall be landscaped. • At a minimum, landscaping shall include 15-gallon trees planted no more than 20 FT on center, within minimum 5-FT wide planters.
• A suitable plant material (grasses, ivy, etc.) should be used as ground cover in planters.

Street trees shall comply with the variety, size, and spacing as directed by the City of Ontario Master Street Tree Plan.

4.5 EQUIPMENT AND MECHANICAL SCREENING
All roof mounted and ground mounted equipment shall be fully screened from view of the public street and adjacent developments. The location of items shall be designed to allow screening with landscape materials, walls, architectural features, parapet walls, etc. Screening shall be designed to be integrated into the design of the project.

Ladders for roof access shall be mounted on the inside of the building or shall be completely concealed from public view.

4.6 FENCES AND WALLS
Fences and walls within the project area shall be made of decorative materials which are compatible with the overall architectural character of the development within the PUD area. All fences and walls shall be in scale with the development to fulfill such needs as screening and security.

Fences, walls and hedges within the project area shall comply with Engineering Corner Sight Distance Standards and other applicable standards. All decorative walls, monuments and/or other similar features shall not encroach into the public street right-of-way.

Walls shall be limited to a maximum of four (4) feet in height within any street frontage areas.

Interior or rear walls shall be a maximum of six (6) feet in height. 2457
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Walls shall be an integral design of the building architecture and feature similar finished material, reveal lines, trim, etc.

4.5 CAR CONDO (VEHICLE) STORAGE REGULATIONS
Car Condominiums are space you own and customize – much more than just a place to house your car; they’re a lifestyle (Artform) that is being embraced by car aficionados of all sports, classic, racing, exotics, hot rods and collectible cars. Car Condos works similar to a regular condominium.

The developer handles the permits and construction, and then the buyer builds out the inside of the unit the way they want.

Car Condos offer car enthusiasts a safe, secure and private space to store and display their vehicles, other motorized toys and treasures. The condo units can be customized to include a loft area for an office, TV viewing area and refreshment kitchenette area.

The following standards shall govern the establishment and operation of Car Condos (Vehicle Storage) are intended to result in facilities that are well designed, maintained and enhance the Arts Districts area in which they are located in.

Car Condo (Vehicle Storage) facilities shall comply with the following:

1. Covenants, Conditions, and Restrictions (CC&Rs) will be required to be recorded for the condominium car units and subject to City review and approval. CC&Rs shall include the following:
(a) CC&Rs shall be prepared for the Project and shall be recorded prior to the issuance of a building permit.
(b) The CC&Rs shall be in a form and contain provisions satisfactory to the City. The articles of incorporation for the property owner’s association and the CC&Rs shall be reviewed and approved by the City.

CC&Rs shall ensure reciprocal parking and access between parcels, and common maintenance of:
(i) Landscaping and irrigation systems within common areas; (ii) Landscaping and irrigation systems within parkways adjacent to the project site, including that portion of any public highway right-of-way between the property line 2458
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or right-of-way boundary line and the curb line and also the area enclosed within the curb lines of a median divider (Ontario Municipal Code Section 7-3.03), pursuant to Ontario Municipal Code Section 5-22-02;
(iii) Shared parking facilities and access drives; and
(iv) Utility and drainage easements.
(c) CC&Rs shall include authorization for the City’s local law enforcement officers to enforce City and State traffic and penal codes within the project area. (d) The CC&Rs shall grant the City of Ontario the right of enforcement of the CC&R provisions.
(e) A specific methodology/procedure shall be established within the CC&Rs for enforcement of its provisions by the City of Ontario, if adequate maintenance of the development does not occur, such as, but not limited to, provisions that would grant the City the right of access to correct maintenance issues and assess the property owners association for all costs incurred.

2. All motor vehicle storage shall include the keeping of automobiles, trucks, vans, recreational vehicles and watercraft, motorcycles, trailers, forklifts, and any inoperative vehicle, regardless of vehicle type.

3. The indoor storage of motor vehicles shall comply with all applicable requirements of the fire and building codes.

4. Any use that creates excessive noise, dust, hazardous materials or pollutants, or result in obvious fire hazards or negatively impact the reasonable use and enjoyment of other units are not permitted.

5. Minor vehicle maintenance (oil change, detailing, tune-ups, etc.) is allowed provided that the work does not reasonable interfere or negatively impact other units. Painting, bodywork or welding is not permitted.

6. Car washing is allowed, subject to National Pollutant Discharge Elimination System (NPDES) and City regulations.

7. The units may not be used for residential living. Loft office areas, kitchenette (sink, refrigerator, microwave) TV lounge areas, bathrooms and showers are permitted.

8. All vehicles, trailers and/or accessories must be stored within the enclosed unit. No outside storage is allowed.

9. Retail sales or commercial office uses from units is prohibited.

10. Retail or wholesale sales of vehicles from units is prohibited.

11. No exterior sign, placard, picture, advertisement, name or notice may be installed or displayed on any part of the outside exterior of a unit. 2459
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5. CIRCULATION, PARKING, & INFRASTRUCTURE
Access to the site will be limited to Emporia Street only.

5.1 PEDESTRIAN CONNECTIONS
Pedestrian connections shall be provided to each building from the public street within the PUD site. The Mixed-Use Commercial land use district shall also provide pedestrian pathways/sidewalks, along Emporia Street, to connect to the residential, work\live lofts and commercial developments surrounding the PUD area.

5.2 PUBLIC RIGHT-OF-WAY IMPROVEMENTS
The public right-of-way shall be improved with each proposed development. The public right-ofway improvements required are to include but are not limited to the following: street pavement, curb and gutter, parkway landscaping, parkway irrigation, public sidewalk, traffic signing and striping, streetlights, bus stop, bus shelter and amenities. The extent of the required improvements shall be determined for each development plan. At a minimum, the improvements shall incorporate all items along the street frontages of the properties to be developed with proper transitioning if the entire block frontage is not being installed with a development.

5.3 INFRASTRUCTURE
There is an existing 6-inch water line within Emporia Street that shall serve the PUD site, which connects to a 4-inch STL in Laurel Avenue (undersized). The water main will be required to be upsized, possibly to a 12-inch - required size and limits to be determined by the fire flow test.

However, it is likely that the upsize will take place from the intersection of Holt Boulevard and Laurel Avenue, south to the intersection of Emporia Street and Laurel Avenue, due east to the end of the cul-de-sac to provide adequate fire service.

Wastewater flows for the PUD site will be designed to use an existing 8-inch sewer line located within Emporia Street.

On-site stormwater drainage facilities shall be provided to capture and infiltrate a 2-yr, 24-hour storm event, consistent with the San Bernardino County Stormwater Program's Water Quality Management Plan (WQMP) requirements for new development projects. Stormwater capture and infiltration facilities may include the utilization of vegetated swales, depressed landscaped basins, pervious concrete pavement or underground stormwater retention/infiltration vaults. All building roof and paved area runoff shall be directed into depressed landscaped swales, trenches or basins, within the development, in order to comply with the requirement to capture and infiltrate the 2-yr, 24-hour storm event runoff.

The Applicant/Developer will be responsible to design and construct street improvements, along property frontage of Emporia Street, in accordance with conditions issued by City’s Engineering Land Development Division. These, and all other street improvements required herein, shall include, but not limited to, concrete curb and gutter, sidewalk, LED streetlights, signing and striping, and parkway landscaping.
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Existing Street light fixtures, along Emporia Street will be required to be replaced with Cityapproved LED equivalent fixtures. Refer to the Traffic and Transportation Design Guidelines for LED fixture requirements. The type of street lighting will be determined at the time of development.

5.4 PARKING
Parking shall be provided on-site at the rates required by the City of Ontario Development Code.

One parking space within each Car Condo Unit may be counted towards required parking for vehicle storage use. In addition, the Downtown Parking Model may be used to obtain required parking for uses within the PUD.

The Downtown Ontario Parking Model was created in 2002 to provide a means of assessing parking demand and capacity in the downtown area. As in most downtowns, on-site parking is not typically attainable due to as-built conditions, including small lots, historic buildings with no setbacks, alley loaded streets, and excessive lot coverage. The Excel-based parking model specifically evaluates demand based on land use and capacity at maximum build out on an hourby-hour and block-by-block basis. The model provides an estimate of parking availability (on-site and street parking combined) with shared parking within the downtown district as the premise. 2461
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6. DESIGN GUIDELINES
The following design guidelines are intended as a reference to assist the designer in understanding the City’s goals and objectives for high quality commercial development. The guidelines compliment the mandatory development standards contained in Subsection 4 (Development Regulation) above.

Design principles and examples of desired styling elements to guide the development within the downtown are set forth in the Downtown Ontario Design Guidelines (“Guidelines”), adopted by the Ontario City Council on August 18, 1998. The design guidelines in this PUD are general in nature and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the City’s development review process to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the project designer(s). As such, some variations from the Guidelines are permitted, provided that the integrity of the urban design and historic preservation principles is not compromised. To safeguard the integrity of the historic district, a Certificate of Appropriateness is required for development.

6.1 SITE DESIGN
The site design shall minimize pedestrian/vehicle conflicts by creating opportunities for building entry plazas, outdoor dining, and landscaped pathways that promote safe and convenient pedestrian movement.

6.2 BUILDING ORIENTATION
Buildings should be oriented towards Emporia Street. Frontages should be enhanced with entry elements, interesting architecture, enhanced materials, and pedestrian scale to provide connection between the development and the street. Windows and entries should face the street avoiding blank walls dominating public views. Stores with entries not visible from the street may be oriented towards pedestrian open space. The building entries may be located on the side of the building so long as strong pedestrian connection is maintained through wide walkways, enhanced pavers, plazas, appropriately scaled lighting and/or other similar features. Rear entrances, if needed, should be secondary in nature.

6.3 BUILDING STREET SIDE SETBACKS
The sides of buildings along street edges shall be landscaped within the setback to soften the building’s appearance as well as designed with windows or design elements.

6.4 STREET FRONTAGE AND PARKING LOTS
Parking lots should generally be placed away from streets. Street frontages shall be broken up with buildings, landscaping, plazas, and other pedestrian features. Continuous parking lots along the street frontage should be avoided. Any parking along street edges shall be setback with a landscaped buffer to minimize the dominant feeling of the automobile along the street. Continuous 2462
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parking stalls may be interrupted by landscaped islands no more than 10 stalls apart. Parking lots are encouraged to be interconnected rather than separated for each building. Separated parking lots encourage customers to drive from store to store. Parking lots shall not be visible from the Euclid Avenue corridor.

6.5 SERVICE AND STORAGE AREAS
Loading areas and storage areas are to be located behind or to the side of buildings (West side) siting onto Emporia Street. These features must be screened with walls and landscaping as much as possible from public view of streets, residences, and pedestrian walkways. Loading areas and storage areas should not conflict with pedestrian walkways.

6.6 REFUSE CONTAINERS
Refuse containers and equipment shall be easily accessed by service vehicles. Service facilities such as trash enclosures, loading zones and yard areas shall be designed, located and oriented to have a minimal visual impact on the development within the PUD area. Trash enclosures shall be designed to coordinate with the architecture, colors and materials of the style of the development and shall be located to provide adequate access for trash pickup without encroaching on access drives or landscaped areas. Trash enclosures shall be designed and constructed with a solid roof cover which shall also be designed to match the architecture of the development. The enclosure may be designed to be incorporated into the building, subject to City review/approval, in order to scree the enclosure appropriately.

6.7 SIDEWALKS
Sidewalks shall be located along natural pedestrian travel paths. Sidewalks should be a minimum of 5’ wide along pedestrian pathways.

6.8 ARCHITECTURAL CHARACTER\DETAILS
The project area is located within Ontario’s historic downtown area and shall comply with the Downtown Ontario Design Guidelines. The Downtown Ontario Design Guidelines were adopted in 1998 to guide the physical revitalization of Ontario’s historic downtown. The Guidelines provide architectural and design principals, as well as design concepts for downtown districts. The project area is located within the Education Center, a mixed-use area with a focus on commercial, retail, public, and educational uses.

The design principles and desired architectural features for the mixed-use blocks are derived from the architectural style and elements set forth in Section 3.5.3 of the Downtown Design Guidelines, with respect to storefront modulation, entrances, roof design, mechanical equipment, building elements (cornices, storefront frame, mid-floor panel, transom windows, bulkheads), awnings, materials and colors. Those guidelines, together with the following, shall be incorporated into the Development Plans and Certificates of Appropriateness for each block, subject to final interpretation by the Planning/Historic Preservation Commission and City Council. 2463
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Architectural Character
 Create an architectural character that compliments the various styles within the historic downtown by using similar proportions, building details and building material.  New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.  The overall character should feel like a modern interpretation of a traditional American small town.
 Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged.

Massing & Scale
 Employ simple, yet varied massing, with wall openings that create shadow line and provide visual relief. Monolithic buildings and extensive blank wall surfaces are not allowed.  Emphasize massing and height of corner elements
 Building increments should be a maximum of 50 feet in width. Buildings that exceed fifty  (50) feet of frontage should use various architectural devices to replicate the building increments and pattern of the existing downtown including horizontal breaks and offsets every 25 to 50 feet
 The upper portion of the buildings should reflect the same increment of articulation as the ground level (storefront level)
 The cornices and moldings at the top of facades should also reflect the vertical massing (increments) of the building
 Use strong and identifiable building forms to demarcate street intersections for instance, a taller building mass, tower element/clock tower, or cupola may be considered.  Where adjacent buildings will be of varying heights, they should be sensitively designed to promote a compatible transition in massing and avoid abrupt changes in scale along the streetscape.

Articulation & Fenestration
 Design buildings with 3-dimensional quality; building facades should be based upon a pleasing set of proportions and a clear pattern of building openings.  Differentiate between the base, middle and top levels of a building; for instance, streetoriented shops may feature a 1) a bulkhead; 2) display windows; and 3) transom and detailed cornice.
 Avoid monotonous or blank facades on a building; buildings shall be articulated on all sides. Use fenestration (windows and doors), as well as changes in wall plane, material, texture, color, etc. to create shadow lines and articulate building walls.  Provide highly visible public entrances, preferably oriented to streets and outdoor spaces; shop entrances may be clearly expressed with recesses, overhangs, special materials, and/or detailing.
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 Require a high degree of street level transparency, especially along sidewalks, important outdoor spaces and heavily trafficked areas; the use of reflective, opaque, and darkly tinted glass should be restricted.

Architectural Details
 Use architectural details to enhance a building’s appearance. Careful detailing is especially appropriate at the base of buildings, along cornices, eaves, parapets or ridge tops, and around entries and windows.
 Incorporate human-scaled details such as canopies and awnings, transparent windows and windows displays. These are required at public entrances and along heavily trafficked outdoor areas.
 Design architectural features and details as an integral part of the building; architectural features, including canopies and awnings, should not appear “tacked-on.” Storefront Guidelines
 Storefronts should provide an individual look for each store or establishment while still blending in with the overall design.
 Storefronts shall incorporate high quality building materials. A durable base material (18 inches high min.) such as brick, tile, exterior cement plaster, or pre-cast architectural concrete shall be used. Storefront glazing and exterior plaster shall not terminate at the ground plane.
 Storefront glazing shall be clear glass to permit clear views into the interior space. The amount of such glass shall provide a balance between high visibility into the store interior and architectural character/quality.
 Entrance doors shall be of a traditional style and transparent as possible; however, an all glass door is prohibited.
 No part of any open doors shall extend into the public right-of-way.  Storefront openings should not exceed 30 feet in width without the interruption of a vertical building element (column or wall).
 Storefront openings may extend up to 16 feet in height; the height should range from 8 to 16 feet.

Materials & Colors
 Use materials that exhibit permanence and quality, and that unify a building’s appearance on all sides; materials and colors should accentuate the architectural details of the building and promote visual harmony. Brick, tile, pre-cast architectural concrete, wood, stone veneers or stucco are preferred.
 To create visual interest, use at least 3 different building materials on building facades.

Materials may be used to highlight a building entrance or distinguish the building base.  Any awnings shall be comprised of durable, heat, dust and mildew-resistant canvas materials that are designed to withstand the rigors of the Ontario climate. Vinyl or other shiny materials are prohibited. However, canopies are preferred over awnings. 2465
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Roofs/Rooftop Equipment
 Express roofs in a visually interesting manner that complements the composition of the building and surrounding area, (i.e., use sculpted roof forms or a strong and attractively detailed cornice).
 Locate and/or screen rooftop equipment, including ladders and antenna devices, so that it is not visible from streets and adjacent buildings; methods of rooftop screening should be integral to the building’s form.
 All mechanical units shall be screened from public view and from adjacent existing buildings (preferably with roof forms).
 When roof decks and mechanical units are visible from adjacent developments, they should be as unobtrusive as possible and painted to match finish roof material.

6.9 OUTDOOR DINING AREAS
Outdoor dining areas adjacent to a street level eating or drinking establishment are encouraged along Emporia Street and Euclid Avenue. Any such areas shall be designed in accordance with the provisions set forth in Section 2A.7 of the Downtown Ontario Design Guidelines, plus any additional features that may be required as part of on-sale alcoholic beverages. Outdoor dining along Euclid Avenue, if proposed within the rights-of way, will require an agreement with the California Department of Transportation, since this is street is within a State right-of-6.10 SIGNS All commercial signs shall be designed in accordance with the criteria set forth in Section 2C of the Downtown Ontario Design Guidelines.

6.11 LIGHTING
All lighting of facades, decorative fixtures, store window interiors, awnings, and signs shall be designed in accordance with the criteria set forth in Section 2D of the Downtown Ontario Design Guidelines.

On-site lighting must be directed away or shielded from adjacent streets, and adjacent properties.

All exterior lighting shall be of an indirect nature, coming from under eaves and canopies, or at ground level, with in landscaped areas.

Exterior lighting fixtures should be a decorative and reinforce the architectural style of the building.

Light standards less than 15 FT in height (including lighting bollards) should illuminate all street sidewalks and connecting walkways and are encouraged throughout the project. 2466
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7. HISTORIC PRESERVATION

7.1 HISTORIC CONTEXT AND BACKGROUND
The project area that comprises the PUD established by this document is located within the City's Historic Downtown District. Founded by the Chaffey Brothers in the 1880’s, Ontario was a coined a “model irrigation colony” by an Act of Congress in 1904. The Chaffey Brothers bought 6,218 acres of the Cucamonga Ranch in 1882 after the Southern Pacific Railway extended its service to the west. Approximately 640 acres were set aside for the community of Ontario, with half of that endowed to the Chaffey Agricultural College. The rest of the acreage was utilized as agricultural land. The primary feature of the Chaffey city plan was the two-hundred-foot-wide Euclid Avenue.

Several innovations included the provision for water rights for each landowner, electric lights, and an electric railway. The gravity Mule Car that ran along the length of Euclid from 1888 to 1895 provided interest to its visitors as did the historic fountain that displayed Ontario’s water supply system. The median still exists today and has been a center of public activity since its inception.

The present downtown took shape from the original irrigation system and land subdivision pattern established by the Chaffey Brothers in the 1880’s as it grew evenly northwards away from the railroad lines. The area within the current Downtown almost exactly matches the original boundaries of the Model Colony.

As a part of the recognition of Ontario’s rich heritage, the City Council in July 1991 adopted a Historic Preservation Ordinance. The purpose of the Ordinance was:

1. To safeguard the City’s unique historical heritage as embodied and reflected in the City’s architectural history and patterns of cultural development;

2. To foster civic and neighborhood pride and a sense of identity based on the recognition and use of Historical Resources; and

3. To preserve diverse architectural styles, patterns of development, and design preferences reflecting phases of the City’s history and to encourage complementary contemporary design and construction and inspire a more livable urban environment.

The PUD area has side street frontage along Euclid Avenue. The public right-of-way of Euclid Avenue from Philadelphia Street to the I-10 was designated as Local Landmark No. 67 on January 16, 2001 by the Ontario City Council. On August 10, 2005, the public right-of-way of Euclid Avenue from Philadelphia Street in Ontario to 24th Street in Upland was listed on the National Register of Historic Places as a significant cultural landscape. The public right-of way includes north and south bound streets, sidewalks, light fixtures, parkways, median, trees, and stone and concrete curbs and gutters. Contributing character-defining features include the 60-foot wide median, historic rock curb, scored sidewalks, King standard light posts, double planting of California pepper trees (Schinus molle), silk oaks trees (Grevillea robusta), and other mature vegetation such as deodar trees (Cedrus deodara) and Canary Island palms (Phoenix canariensis).

All proposed developments within the PUD area will require a Certificate of Appropriateness to 2467
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ensure alterations and building forms (design, scale/massing and site layout) are appropriate to the character of the historic Euclid Avenue frontage (Right-of-way).

7.2 EXISTING HISTORIC RESOURCES
The PUD area does not contain any potential or proposed historic resources. However, the area is located within the Proposed Downtown Historic District. As such, a Certificate of Appropriateness will be required with all proposed developments within the PUD area to ensure no adverse impacts to the proposed and designated historic resources occur as a result of development. Infill and new construction, including building forms (design, scale/massing and site layout) and architectural elements, shall be developed in a manner that adheres to the Secretary of Interior Standards for the Treatment of Historic Resources, the City of Ontario Development Code, and the Ontario Design Guidelines.
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8. ADMINISTRATION

8.1 ITEMS NOT ADDRESSED IN PUD
Any terms, requirements, or regulations not addressed within the PUD document shall be governed by the City of Ontario Development Code, the regulations of the Mixed-Use zones and City Standards.

8.2 DEVELOPMENT APPLICATIONS
Development Plans for the development of each individual parcel within the PUD area, along with fees and other required items, shall be submitted for review and approval per the requirements contained in Chapter 2, Administration and Procedures, of the City of Ontario Development Code and the General Application.

8.3 ADMINISTRATIVE EXCEPTIONS
Deviation from the development standards set forth in this document may be granted up to a maximum of ten (10%) percent by the Zoning Administrator. Any deviation that is greater than (10%) percent shall require Variance approval.
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APROVING FILE NO. PUD22-001, THE ARTS DISTRICT

WEST PLANNED UNIT DEVELOPMENT, ESTABLISHING

DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND
INFRASTRUCTURE REQUIREMENTS FOR 0.86-ACRE OF LAND
LOCATED AT 125 WEST EMPORIA STREET, WITHIN MU-1/LUA-2N
(DOWNTOWN MIXED-USE/ARTS DISTRICT – NORTH) AND EA
(EUCLID AVENUE OVERLAY) ZONING DISTRICTS, AND MAKING
FINDINGS IN SUPPORT THEREOF—APN: 1049-059-14.

WHEREAS, RWSS DEVELOPMENT LLC ("Applicant") has filed an Application requesting approval of the Arts District West Planned Unit Development, File No.

PUD22-001, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 0.86-acre of land located at the eastern terminus of Emporia Street, north of the Union Pacific Railroad right-of-way, at 125 West Emporia Street, within the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and EA (Euclid Avenue Overlay) zoning districts, and is currently developed with a paved public parking lot; and
WHEREAS, the Ontario Plan describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere, where the historic character is prominent. The most intensive uses are envisioned along Euclid Avenue and Holt Boulevard. The Downtown Mixed-Use Area is the historic core of Ontario, which has a unique blend of historic, social, and cultural uses set in a compact street grid. The Downtown Mixed-Use Area includes the Civic Center, City library and surrounding diverse residential neighborhoods that provide increased demand for retail opportunities along Euclid Avenue, Holt Boulevard, and B Street; and
WHEREAS, the Policy Plan specifies that the Downtown Mixed-Use Area is to be implemented through the adoption of an Area Plan or Planned Unit Development (“PUD”) prior to the development of properties within the Area. In compliance with this requirement, the Applicant has submitted the Art District West Planned Unit Development (included as Attachment A), which is consistent with this vision, and the goals and policies of the Policy Plan; and
WHEREAS, the purpose of the PUD is to secure a fuller realization of the Policy Plan than would result from the strict application of present zoning district regulations and to: [a] promote high standards in urban design; [b] encourage the development of exceptionally high quality, mixed-use, medium to high intensity projects, while establishing regulations and standards for uses with unique regulatory and design needs; and [c] ensure harmonious relationships with surrounding land uses. In addition, the Art District West Planned Unit Development (“ADWPUD”) is intended to function as a set of 2470
planning and design principles, development regulations, and performance standards to guide and govern the development of the 0.86-acre site. The ADWPUD will facilitate the development of retail and commercial services that will help achieve the City’s goals to economically revitalize and aesthetically enhance the historic downtown area; and WHEREAS, a PUD is comparable to a Specific Plan in that it sets development regulations that are unique to a specific area; however, it is also unlike a Specific Plan in that a PUD is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project; and
WHEREAS, in conjunction with the proposed ADWPUD, the Planning/Historic Preservation Commission approved a Tentative Parcel Map (File No. PMTT21-009 (TPM 20394)) to subdivide 0.86-acre of land into a single lot to establish 22 commercial airspace condominium units, a Development Plan (File No. PDEV21-017) to construct two commercial buildings totaling 33,787 square feet, and a Certificate of Appropriateness (File No. PHP21-021) to allow for the construction of the proposed Project within the Euclid Avenue Overlay Zoning District; and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (“ALUCP”), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on February 22, 2022, the Planning/Historic Preservation Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC22-007, recommending the City Council approve the Application; and 2471
WHEREAS, on March 15, 2022, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:

SECTION 1. Environmental Determination and Findings. As the decisionmaking body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, Infill Development Projects) of the CEQA Guidelines and meets all of the following conditions: (a) the proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits and the area being developed is 0.86-acre, less than the maximum 5-acre threshold, and is substantially surrounded by urban land uses; (c) the Project site has no value as habitat for endangered, rare, or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site is adequately served by all required utilities and public services; and (3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 2. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Project, the City Council finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties in the Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

SECTION 3. Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of 2472
Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan (“ALUCP”), establishing the Airport Influence Area for Ontario International Airport (“ONT”), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP compatibility factors, including [1] Safety Criteria (ALUCP Table 2-2) and Safety Zones (ALUCP Map 2-2), [2] Noise Criteria (ALUCP Table 2-3) and Noise Impact Zones (ALUCP Map 2-3), [3] Airspace protection Zones (ALUCP Map 2-4), and [4] Overflight Notification Zones (ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ALUCP.

SECTION 4. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The proposed Project is located within the Downtown Mixed Use land use district of the Policy Plan Land Use Map, and the LUA-2N (Arts District - North) of the MU-1 (Downtown Mixed-Use) and EA (Euclid Avenue Overlay) zoning districts. The development standards and conditions under which the proposed Project will be constructed and maintained, is consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The City has required certain safeguards, and has required certain changes, which have been established to ensure that: [i] the purposes of the Planned Unit Development are maintained; [ii] the Project will not endanger the public health, safety or general welfare; [iii] the Project will not result in any significant environmental impacts; [iv] the Project will be in harmony with the area in which it is located; and [v] the Project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property, the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. A thorough review and analysis of the proposed Project and its potential to adversely impact properties surrounding the subject site was completed by City staff. As a result of this review, certain design considerations were incorporated into the Project to mitigate identified impacts to an acceptable level, including the use of upgraded materials, the inclusion of certain architectural design elements on building exteriors, intensified landscape elements, and decorative hardscape elements.
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(4) In the case of an application affecting specific property, the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. In preparing the proposed PUD, a thorough review and analysis of the proposed project and the Project site’s physical suitability for the proposed Project was completed, including analysis of the Project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage. (5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The proposed PUD addresses aspects of the project that are specifically related to the Development Plan proposed in conjunction with the PUD application, including necessary building setbacks, site access points, off-street parking and site circulation, and architectural character.

SECTION 5. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described PUD, attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 6. Indemnification. The Applicant shall agree to defend, indemnify, and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 7. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East “B” Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 8. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 9. Effective Date. This Ordinance shall become effective 30 days following its adoption.
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SECTION 10. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ____ day of _________ 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held March 15, 2022 and adopted at the regular meeting held ___________, 2022 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

File No. PUD22-001
Art District West Planned Unit Development
(Document follows this page)
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Prepared By:

RWSS Development
1405 Fairplex Drive, Suite B3
La Verne, CA 91750
And
City of Ontario Planning Department
Art District West - The Vault
Planned Unit Development
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TABLE OF CONTENTS

1. INTRODUCTION 4

2. PUD OBJECTIVES 5

2.1 THE ONTARIO PLAN (TOP) CONSISTENCY 5

2.2 CENTER CITY REDEVELOPMENT PLAN OBJECTIVES 14

2.3 MU-1 (DOWNTOWN MIXED USE) ART DISTRICT NORTH LUA-2N 14

2.4 PUD DISTRICT PURPOSE AND OBJECTIVES 15

3. LAND USE PLAN 17

3.1 LAND USE DESIGNATION 17

3.2 PERMITTED USES 18

4. DEVELOPMENT REGULATIONS 22

4.1 INTENSITY 22

4.2 BUILDING HEIGHT 22

4.3 BUILDING/PARKING SETBACKS 22

4.4 LANDSCAPING 23

4.5 EQUIPMENT/MECHANICAL SCREENING 24

4.6 FENCING AND WALLS 24

4.7 CAR CONDO (VEHICLE) STORAGE REGULATIONS 25

5. CIRCULATION AND PARKING 27

5.1 PEDESTRIAN CONNECTIONS 27

5.2 PUBLIC RIGHT-OF-WAY IMPROVEMENTS 27

5.3 INFRASTRUCTURE 27

5.4 PARKING 28

6. DESIGN GUIDELINES 29

6.1 SITE DESIGN 29

6.2 BUILDING ORIENTATION 29

6.3 BUILDING STREET SIDE SETBACKS 29

6.4 STREET FRONTAGE AND PARKING LOTS 29

6.5 SERVICE AND STORAGE AREA 30

6.6 REFUSE CONTAINERS 30
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6.7 SIDEWALKS 30

6.8 ARCHITECTURE CHARACTER\DETAILS 30

6.9 OUTDOOR DINING AREAS 33

6.10 SIGNS 33

6.11 LIGHTING 33

7. HISTORIC PRESERVATION 34

7.1 HISTORIC CONTEXT AND BACKGROUND 33

7.2 EXISTING HISTORIC RESOURCES 34

8. ADMINISTRATION 36

8.1 ITEMS NOT ADDRESSED IN PUD 36

8.2 DEVELOPMENT APPLICATIONS 36

8.3 ADMINISTRATIVE EXCEPTIONS 36

Exhibit 1-1: PUD Location Map
Project Site
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2. PUD OBJECTIVES

1. Vision
On February 13, 2007, the Ontario City Council adopted The Ontario Vision. The central theme that motivates the Vision is – “A sustained, community-wide prosperity which continuously adds value and yields benefits.” Everything the City does and every action the City takes is done with the simple yet comprehensive theme in mind, from the design quality of the built environment, to the intent of designing socio-economic programs, to the way in which its leaders govern as a community. In discussing a Vision that would endure for the lifetime of The Ontario Plan (30 years or more), the City 2482
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Council recognized that there are four components that serve as the basic building blocks that set the foundation for a unified and prosperous community. These foundational blocks must be expressed and widely accepted throughout the Plan’s lifetime. They are:

1. A Dynamic Balance that enables our community to confront the continued dynamic growth of the region and technological change with confidence and a sense of opportunity.

3. Distinctive Development that integrates our varied and diverse focal points, districts, villages, and neighborhoods to provide a feeling of coherence without sacrificing uniqueness.

4. Recognized Leadership in local governance that stimulates excellence and serves to unify the people of Ontario in support of best practices in conducting public endeavors.

The Art District West PUD will implement the Ontario Vision in several ways that will further the City’s desire to be a sustainable and prosperous community.

DISTINCTIVE DEVELOPMENT
Commercial and Residential Development
 The PUD will support, the City’s Civic Center area, new multifamily developments and surrounding existing residential neighborhoods by providing the increased demand for retail uses and artistic uses in a more pedestrian friendly atmosphere.  The PUD will seek to ensure additional mix of retail uses in the downtown that will provide additional services to the surrounding community and Civic Center area.

Design Quality
 The PUD will require a well-designed project(s) that covey’s visual interest and character through:
 Appropriate scale and massing
 Architectural style and design that are complementary and appropriate for its setting.
 The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style.  Appropriate Site Planning to ensure building orientation visibility from the street, adequate number of driveways, sidewalks, building setbacks, parking lot orientation, adequate refuse storage areas and well-designed street frontages.
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Public Safety
 The PUD will ensure that proper exterior lighting standards be located and designed to minimize direct glare beyond parking lots and future residential development/ or mixed-use projects in the downtown area. In addition, the Ontario Police Department requires that all lighting standards comply with a one-foot candle illumination to provide a level of security and public safety within the retail center.

2. Policy Plan

The PUD, through the development of retail, commercial uses and artistic uses, will help provide jobs to support the existing and new development within the surrounding downtown area.

Policies
 LU1-3 Adequate Capacity. We require adequate infrastructure and services for all development.

The PUD, along with the future development entitlements for the site, will require the necessary infrastructure to serve the site and provide the necessary right-of-way dedication for street widening.
 LU1-4 Mobility. We require development and urban design, where appropriate, that reduces reliance on the automobile and capitalizes on multi-modal transportation opportunities.

LU2 Compatibility
Goal LU2: Compatibility between a wide range of uses.
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The PUD, through land use regulations for permitted uses, have ensured that those permitted uses allowed within the PUD are compatible with the MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and surrounding area and not allow those uses that may have potential to create adverse impacts to the surrounding area.

Policies:
 LU2-1: Land Use Decisions: We minimize adverse impacts on adjacent properties when considering land use and zoning requests.

The PUD, through the site planning, requires the that future building(s) developed on the site shall be placed along the frontage of Emporia Street to keep a buffer between the Southern Pacific Railroad to the south of the project and the future and existing developments to the north.
 LU2-4 Regulation of Nuisances. We regulate the location, concentration and operations of potential nuisances.

The project area is zoned MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and requires that a PUD be implemented for the project area to establish the development standards, land use regulations and design guidelines. The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown, Civic Center and surrounding residential area. Careful consideration has been given to ensure that permitted uses that may have potential to create adverse impacts to the surrounding area are not allowed. Those uses with operations that may have potential to create nuisances, will require discretionary approval through the Conditional Use Permit process.
 LU2-5 Regulation of Uses. We regulate the location, concentration and operations of uses that have impacts on surrounding land uses. The project area is zoned MU1/LUA-2N (Downtown Mixed-Use/Arts District – North) and requires that a PUD be implemented for the project area to establish the development standards, land use regulations and design guidelines. The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown, Civic Center and surrounding residential area. Careful consideration has been given 2485
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to ensure that permitted uses that may have potential to create adverse impacts to the surrounding area are not allowed.

LU3 Flexibility
Goal LU3: Staff, regulations and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision.  LU3-1 Development Standards. We maintain clear development standards which allow flexibility to achieve our Vision.

COMMUNITY ECONOMICS ELEMENT
CE1 Complete Community
Goal CE1: A complete community that provides for all incomes and stages of life.

The permitted uses within PUD have been established to provide retail, commercial and artistic uses to enhance the economic growth of downtown and serve the surrounding residential areas.

Policies:
 CE1-7 Retail Goods and Services. We seek to ensure a mix of retail businesses that provide the full continuum of goods and services for the community.

The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown and surrounding residential areas. These retail, commercial and artistic uses that will help to revitalize the downtown area and enhance its economic growth by much needed commercial and retail opportunities.
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CE2 Place-Making
Goal CE2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.

MOBILITY ELEMENT
M3 Public Transit
Goal M3: A public transit system that is a viable alternative to automobile travel and meets basic transportation needs of the transit dependent.

Policies:
 M3-4 Bus Rapid Transit (BRT) Corridors. We work with regional transit agencies to implement BRT service to target destinations and along corridors, as shown in the Transit Plan.

TOP Mobility Element System (Figure M-1) identifies Euclid Avenue as future Bus Rapid Transit (BRT) Corridor. The PUD will seek to capitalize pedestrian traffic, 2487
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vehicle and future BRT ensuring a mix of retail, commercial and artistic uses and business that will provide a variety of goods and service to the surrounding community and the future Buss Rapid Transit (BRT) users. The PUD, along with the future development entitlements for the site, will require the necessary infrastructure to serve the site and provide the necessary rights-of-way dedication for street widening.

COMMUNITY DESIGN
CD1 Image & Identity
Goal CD1: A dynamic, progressive city containing distinct neighborhoods and commercial districts that foster a positive sense of identity and belonging among residents, visitors, and businesses.
 To provide flexibility the densities and intensities of the mixed-use designation represented within TOP are the intended level of anticipated development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development. The project area is zoned MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) and requires that a PUD be implemented for the project area to establish the development standards, land use regulations and design guidelines. The development standards within the PUD are intended to ensure quality and appropriate development to achieve TOP Vision for well-designed projects that covey visual that respect and complement the historic context of downtown.

Policies:
 CD1-2 Growth Areas. We require development in growth areas to be distinctive and unique places within which there are cohesive design themes.

The PUD will seek to ensure a mix a retail, commercial and artistic uses that will provide a variety of goods and services for the downtown and surrounding area.

The PUD will seek to help revitalize the downtown area and enhance its economic growth by creating retail, commercial and artistic uses that will provide opportunities within a historic downtown setting. The PUD area will be distinctive through the requirement of well-designed project(s) that respect and complement the historic context of downtown consist with the Downtown Ontario Design Guidelines (Adopted in 1998) through:
 Appropriate scale and massing
 Architectural style and design that are complementary and appropriate to for its setting.
 The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style. 2488
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 Appropriate site planning to ensure building orientation visibility from the street, adequate number of driveways and sidewalks. Building setbacks, parking lot orientation, adequate refuse storage areas and well-designed street frontages.
 CD1-4 Transportation Corridors. We will enhance our major transportation corridors within the City through landscape, hardscape, signage and lighting.

CD2 Design Quality
Goal CD2: A high level of design quality resulting in public spaces, streetscapes, and developments that are attractive, safe, functional and distinct.

Policies:
 CD2-1 Quality Architecture. We encourage all development projects to convey visual interest and character through:
 Building volume, massing, and height to provide appropriate scale and proportion;
 A true architectural style which is carried out in plan, section and elevation through all aspects of the building and site design and appropriate for its setting; and
 Exterior building materials that are visually interesting, high quality, durable, and appropriate for the architectural style.

The PUD will seek to help revitalize the downtown area and enhance its economic growth by creating retail, commercial and artistic opportunities within a historic downtown setting. The PUD area will be distinctive through the requirement of well-designed project(s) that respect and complement the historic context of downtown consist with the Downtown Ontario Design Guidelines (Adopted in 1998) through:
 Appropriate scale and massing
 Architectural style and design that are complementary and appropriate to for its setting.
 The use of high-quality materials that will create visual interest, high quality, durable and appropriate for the architectural style.  Appropriate site planning to ensure building orientation visibility from the street, adequate number of driveways and sidewalks. Building setbacks, 2489
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parking lot orientation, adequate refuse storage areas and well-designed street frontages.
 CD2-3 Commercial Centers. We desire commercial centers to be distinctive, pedestrian friendly, functional and vibrant with a range of businesses, places to gather, and connectivity to the neighborhoods they serve.

The permitted uses within PUD have been established to provide retail, commercial and artistic uses to serve the downtown, Civic Center, Arts District and surrounding residential area. The PUD will seek to capitalize on the downtown location by ensuring a mix a retail, commercial and artistic uses that will easily accessed by pedestrians through downtowns unique grid street pattern design.  CD2-5 Streetscapes. We design new and, when necessary, retrofit existing streets to improve walkability, bicycling and transit integration, strengthen connectivity, and enhance community identity through improvements to the public right of way such as sidewalks, street trees, parkways, curbs, street lighting and street furniture.

The PUD, along with the future development entitlements for the site, will require the necessary infrastructure to serve the site and provide the necessary right-of-way dedication and/or improvements.
 CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.

The PUD development standards will ensure landscape design and materials will be used to enhance the aesthetics of structure(s), create and define public and private spaces, and provide shade and environmental benefits.  CD2-10 Surface Parking Areas. We require parking areas visible to or used by the public to be landscaped in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.

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City Council Priorities
 Invest in the Growth and Evolution of the City’s Economy  Maintain the Current High Level of Public Safety
 Operate in a Businesslike Manner
 Pursue City's Goals and Objectives by Working with Other Governmental Agencies
 Focus Resources in Ontario's Commercial and Residential Neighborhoods  Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
 Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
 Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch

2.3 MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) The project is located within MU-1/LUA-2N (Downtown Mixed-Use/Arts District – North) zoning district (see Exhibit 1-3, MU-1 (Downtown Mixed Use) Districts Map). The Arts District is intended as a dynamic destination for locals and tourists, while creating a fulfilling urban experience energized by artistic, educational, and commercial participants. The focus of the Area 2491
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is to increase the number of collaborated events and programs within the Area, with the intent to attract visitors, promote economic vitality, and boost revenue. Street fairs, artist festivals, restaurants, galleries, work/live lofts, breweries, and artisan co-ops will contribute to the physical and cultural diversity of the Arts District.

Exhibit 1-3: MU-1 (Downtown Mixed Use) Districts Map

PUD SITE
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 Promote community retail, commercial and artistic uses to meet the needs of the downtown residents, Civic Center visitors and surrounding residential neighborhoods.  Promote the development of outdoor patio as part of the commercial development providing for social and pedestrian interaction.
 Orient commercial buildings along the frontage of Emporia Street and Euclid Avenue to create an accessible urban edge and sense of arrival and appropriate relationships among new and existing adjacent land uses.
 Provide for a circulation network which promotes pedestrian walkways and bicycle activity as alternative modes of travel while also providing for safe and efficient movement of automobile travel through the project site.  Incorporate a landscape to enhance and compliment the urban environment along Emporia Street and the Euclid Avenue slope along the eastern boundary of the site. 2493
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3. LAND USE PLAN

Exhibit 3-1: Land Use District Map

Exhibit 1-4: PUD Land Use Plan
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

Land Use MU-1
Commercial Notes

MEDICAL
Animal Hospital/Veterinarian NP
Medical Office NP

MEDICAL OFFICE/FAMILY CLINIC
Pharmacies and Drug Stores NP
Pharmacies and Drug Stores with Drive-thru Facilities NP Industrial Clinic NP

PUBLIC FACILITIES
Police / Fire Station P
Police Storefront / Substation P

No use of impact wrenches or other equipment that could create noise impacts.) NP Minor Repair (i.e. Brakes, tires, radiators, electrical, etc.) NP Gas Stations NP
Tire Stores NP
Car Wash – Full NP

TELECOMMUNICATIONS FACILITIES
Wireless Telecommunications Facility (Refer to the Development Code) 2495
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

Land Use MU-1
Commercial Notes

DAY CARE FACILITIES
Commercial Daycare NP

OFFICES
Administrative, Professional, and Other Offices P
RETAIL
Antique Stores P
Art Galleries and Art Supply Store P
Art Dealers P
Beauty Supply Store P
Book Stores P
Hardware Store P
Camera and Photographic Supply Store P
Cigar and other Tobacco Products Store NP
Clothing and Accessory Stores P
Computer and Home Electronic Stores P
Convenience Store P
Florist P
Furniture Stores P
General Merchandise Stores P
Department Store P
Discount Variety Store NP
Guns and Ammunition Stores NP
Hobby, Toy and Game Store P
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

FOOD AND BEVERAGE STORES
Bakery P
Delicatessen P
Convenience Market P
Grocery Store P
Specialty Food Stores P

SERVICES
Advertising Agency P
Data Processing Services P
Photography Studio P
Photocopying and Duplicating Services P

PERSONAL SERVICES
Barber Shop and Beauty / Nail Salon P
Dry Cleaners P
Laundry - Commercial NP
Pet Grooming P
Tailor P
Travel Agency P

REPAIR SERVICES
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Table 3-2: Permitted Uses
“P” (Permitted) shall mean the land use, activity, or facility within the specified zoning district is permitted by right of being in the proper zoning district.
“C” (Conditionally Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of a Conditional Use Permit pursuant to Section 4.02.015 (Conditional Use Permits) of the Ontario Development Code. “A” (Administratively Permitted) shall mean the land use, activity, or facility within the specified zoning district is subject to the granting of an Administrative Use Permit pursuant to Section 4.03.015 (Administrative Use Permits) of the Ontario Development Code.
“NP” (Not Permitted) shall mean the land use, activity, or facility within the specified zoning district is not permitted by right of being in the proper zoning district.

Land Use MU-1
Commercial Notes
Computer, Home Electronics, and Small Home Appliances
(when ancillary to another use)
NP
Electrical Equipment NP
Jewelry and Watches / Clocks P
Locksmith / Key Shop P

MANUFACTURING
Boutique/Artisan Small-Scale and Micro Manufacturing Facilities P 2

INFORMATION
Sound (Audio) Recording Studio P

RESIDENTIAL
Multiple Family Dwellings NP
Second Dwelling Units NP
Senior Housing Developments NP
Single-Family Dwellings NP
Single Room Occupancy Facilities NP
Supportive Housing NP
Work/Live Units C

2. See Ontario Development Code Section 5.03.037 (Artisan Small-Scale and Micro Manufacturing Facilities)

3. See Section 4.4 Car Condo (Vehicle) Store Regulations 2498
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Table 4-1: Building(s) Setbacks
MU-1 Commercial District Development Standards
Requirements MU-1
Commercial
District
Additional Requirements
Building Development Standards

1. Emporia Street Setback 0 Feet Minimum

3.5 Feet Maximum
Building Architectural features/
awnings may encroach into the rightof-way, subject to the California Building Code requirements.

2. Euclid Avenue Street Setback 0 Feet Minimum
5 Feet Maximum
Building Architectural features/
awnings may encroach into the rightof-way, subject to the California Building Code requirements.

Edge of slope (right-of -way), along
the Euclid Avenue Street side
frontage, shall be landscaped.

3. Interior Side Property Setbacks

4. Rear Property Setbacks
0 Feet Minimum
0 Feet Minimum
Setback areas shall be landscaped
Site Development Standards

1. Minimum Landscape Coverage N/A All setback areas, building entry areas shall be landscaped.

2. Minimum Parking Space or
Drive Aisle Setbacks to face of
curb
5 feet Setback areas shall be landscaped.

3. Minimum Parking Space or
Drive Aisle Setbacks to Interior
Side Property Lines
5 Feet Setback areas shall be landscaped.

4. Minimum Parking Space or
Drive Aisle to buildings, walls or
fences
5 Feet Setback areas shall be landscaped.
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Water conservation shall be provided through low water using plant materials, hydro zones, water efficient irrigation and weather-based controllers. Landscaped areas may be used for storm water infiltration through vegetated swales, retention basins, or dry wells as needed with the use of appropriate planting materials. Broad canopy shade trees shall be used to reduce heat gain on buildings, paving and parking areas. The plan shall identify all existing trees on site and preserve them where possible. The landscape design shall meet the requirements of the Landscape Development Standards outlined in the Ontario Development Code and shall create wellfunctioning spaces within a sustainable design.

Developments shall comply with the following:
 All setback areas, building entry areas shall be landscaped.  At a minimum, landscaping shall include 15-gallon trees planted no more than 20 FT on center, within minimum 5-FT wide planters.
 A suitable plant material (grasses, ivy, etc.) should be used as ground cover in planters.

Street trees shall comply with the variety, size, and spacing as directed by the City of Ontario Master Street Tree Plan.

Ladders for roof access shall be mounted on the inside of the building or shall be completely concealed from public view.

Walls shall be limited to a maximum of four (4) feet in height within any street frontage areas.

Interior or rear walls shall be a maximum of six (6) feet in height. 2501
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Walls shall be an integral design of the building architecture and feature similar finished material, reveal lines, trim, etc.

The developer handles the permits and construction, and then the buyer builds out the inside of the unit the way they want.

Car Condo (Vehicle Storage) facilities shall comply with the following:

CC&Rs shall ensure reciprocal parking and access between parcels, and common maintenance of:
(i) Landscaping and irrigation systems within common areas; (ii) Landscaping and irrigation systems within parkways adjacent to the project site, including that portion of any public highway right-of-way between the property line 2502
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or right-of-way boundary line and the curb line and also the area enclosed within the curb lines of a median divider (Ontario Municipal Code Section 7-3.03), pursuant to Ontario Municipal Code Section 5-22-02;
(iii) Shared parking facilities and access drives; and
(iv) Utility and drainage easements.
(c) CC&Rs shall include authorization for the City’s local law enforcement officers to enforce City and State traffic and penal codes within the project area. (d) The CC&Rs shall grant the City of Ontario the right of enforcement of the CC&R provisions.
(e) A specific methodology/procedure shall be established within the CC&Rs for enforcement of its provisions by the City of Ontario, if adequate maintenance of the development does not occur, such as, but not limited to, provisions that would grant the City the right of access to correct maintenance issues and assess the property owners association for all costs incurred.

3. The indoor storage of motor vehicles shall comply with all applicable requirements of the fire and building codes.

6. Car washing is allowed, subject to National Pollutant Discharge Elimination System (NPDES) and City regulations.

7. The units may not be used for residential living. Loft office areas, kitchenette (sink, refrigerator, microwave) TV lounge areas, bathrooms and showers are permitted.

8. All vehicles, trailers and/or accessories must be stored within the enclosed unit. No outside storage is allowed.

9. Retail sales or commercial office uses from units is prohibited.

10. Retail or wholesale sales of vehicles from units is prohibited.

11. No exterior sign, placard, picture, advertisement, name or notice may be installed or displayed on any part of the outside exterior of a unit. 2503
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5. CIRCULATION, PARKING, & INFRASTRUCTURE
Access to the site will be limited to Emporia Street only.

Wastewater flows for the PUD site will be designed to use an existing 8-inch sewer line located within Emporia Street.

The Applicant/Developer will be responsible to design and construct street improvements, along property frontage of Emporia Street, in accordance with conditions issued by City’s Engineering Land Development Division. These, and all other street improvements required herein, shall include, but not limited to, concrete curb and gutter, sidewalk, LED streetlights, signing and striping, and parkway landscaping.
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Existing Street light fixtures, along Emporia Street will be required to be replaced with Cityapproved LED equivalent fixtures. Refer to the Traffic and Transportation Design Guidelines for LED fixture requirements. The type of street lighting will be determined at the time of development.

5.4 PARKING
Parking shall be provided on-site at the rates required by the City of Ontario Development Code.

6.4 STREET FRONTAGE AND PARKING LOTS
Parking lots should generally be placed away from streets. Street frontages shall be broken up with buildings, landscaping, plazas, and other pedestrian features. Continuous parking lots along the street frontage should be avoided. Any parking along street edges shall be setback with a landscaped buffer to minimize the dominant feeling of the automobile along the street. Continuous 2506
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parking stalls may be interrupted by landscaped islands no more than 10 stalls apart. Parking lots are encouraged to be interconnected rather than separated for each building. Separated parking lots encourage customers to drive from store to store. Parking lots shall not be visible from the Euclid Avenue corridor.

6.7 SIDEWALKS
Sidewalks shall be located along natural pedestrian travel paths. Sidewalks should be a minimum of 5’ wide along pedestrian pathways.

The design principles and desired architectural features for the mixed-use blocks are derived from the architectural style and elements set forth in Section 3.5.3 of the Downtown Design Guidelines, with respect to storefront modulation, entrances, roof design, mechanical equipment, building elements (cornices, storefront frame, mid-floor panel, transom windows, bulkheads), awnings, materials and colors. Those guidelines, together with the following, shall be incorporated into the Development Plans and Certificates of Appropriateness for each block, subject to final interpretation by the Planning/Historic Preservation Commission and City Council. 2507
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Architectural Character
 Create an architectural character that compliments the various styles within the historic downtown by using similar proportions, building details and building material.  New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.  The overall character should feel like a modern interpretation of a traditional American small town.
 Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged.

Articulation & Fenestration
 Design buildings with 3-dimensional quality; building facades should be based upon a pleasing set of proportions and a clear pattern of building openings.  Differentiate between the base, middle and top levels of a building; for instance, streetoriented shops may feature a 1) a bulkhead; 2) display windows; and 3) transom and detailed cornice.
 Avoid monotonous or blank facades on a building; buildings shall be articulated on all sides. Use fenestration (windows and doors), as well as changes in wall plane, material, texture, color, etc. to create shadow lines and articulate building walls.  Provide highly visible public entrances, preferably oriented to streets and outdoor spaces; shop entrances may be clearly expressed with recesses, overhangs, special materials, and/or detailing.
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 Require a high degree of street level transparency, especially along sidewalks, important outdoor spaces and heavily trafficked areas; the use of reflective, opaque, and darkly tinted glass should be restricted.

Materials may be used to highlight a building entrance or distinguish the building base.  Any awnings shall be comprised of durable, heat, dust and mildew-resistant canvas materials that are designed to withstand the rigors of the Ontario climate. Vinyl or other shiny materials are prohibited. However, canopies are preferred over awnings. 2509
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Roofs/Rooftop Equipment
 Express roofs in a visually interesting manner that complements the composition of the building and surrounding area, (i.e., use sculpted roof forms or a strong and attractively detailed cornice).
 Locate and/or screen rooftop equipment, including ladders and antenna devices, so that it is not visible from streets and adjacent buildings; methods of rooftop screening should be integral to the building’s form.
 All mechanical units shall be screened from public view and from adjacent existing buildings (preferably with roof forms).
 When roof decks and mechanical units are visible from adjacent developments, they should be as unobtrusive as possible and painted to match finish roof material.

On-site lighting must be directed away or shielded from adjacent streets, and adjacent properties.

All exterior lighting shall be of an indirect nature, coming from under eaves and canopies, or at ground level, with in landscaped areas.

Exterior lighting fixtures should be a decorative and reinforce the architectural style of the building.

Light standards less than 15 FT in height (including lighting bollards) should illuminate all street sidewalks and connecting walkways and are encouraged throughout the project. 2510
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7. HISTORIC PRESERVATION

As a part of the recognition of Ontario’s rich heritage, the City Council in July 1991 adopted a Historic Preservation Ordinance. The purpose of the Ordinance was:

1. To safeguard the City’s unique historical heritage as embodied and reflected in the City’s architectural history and patterns of cultural development;

2. To foster civic and neighborhood pride and a sense of identity based on the recognition and use of Historical Resources; and

All proposed developments within the PUD area will require a Certificate of Appropriateness to 2511
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ensure alterations and building forms (design, scale/massing and site layout) are appropriate to the character of the historic Euclid Avenue frontage (Right-of-way).

8. ADMINISTRATION

Ontario City CouncilMarch 15, 2022

Ontario City Council
March 15, 2022