Agenda packet — Ontario City Council, September 6, 2022 (part 1 of 2)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting

SEPTEMBER
6, 2022
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA DORST-PORADA AND RUBEN VALENCIA CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

All documents for public review are on ﬁle with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to ﬁll out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].

All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

ACCOMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20220906 Closed Session
the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at
6:00 p.m.
,
Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council. (EQUIPMENT FOR THE HEARING IMPAIRED

AVAILABLE IN THE RECORDS MANAGEMENT OFFICE)

CALL TO ORDER
(OPEN SESSION)

ROLL CALL
Wapner, Bowman, Dorst-Porada, Valencia, Mayor/Chairman Leon

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS 2007038

PLEDGE OF ALLEGIANCE
Councilmember Valencia

INVOCATION
Pastor Daniel Ventura, Ontario United Reformed Church

REPORT ON CLOSED SESSION
City Attorney
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

ATTACHMENT:

National Preparedness Month 2022^01 PROCLAMATION

1. APPROVAL OF MINUTES

SPECIAL CEREMONIES

PROCLAMATION OF SEPTEMBER 2022 AS NATIONAL PREPAREDNESS MONTH That the City Council proclaim the month of September 2022 as National Preparedness Month in the City of Ontario.

PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

AGENDA REVIEW/ANNOUNCEMENTS

The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modiﬁcations or announcements regarding Agenda items to be considered.

CONSENT CALENDAR

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a specific item be removed from the Consent Calendar for a separate vote.

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.

Minutes for the regular meetings of the City Council and Housing Authority of August 2, 2022 and approving same as on file in the Records Management Department.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

ATTACHMENT:

20220802S (Not Official Until Approved).pdf

2. BILLS & PAYROLL

3. AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH INFRASTRUCTURE

ENGINEERING CORPORATION FOR THE FOURTH STREET STORM DRAIN PROJECT

ATTACHMENT:

20220906 Project Location Map^01 EXH A

4. A GOODS AND SERVICES AGREEMENT FOR THE UTILITIES CUSTOMER SERVICES CENTER

AUTOMATED MAIL EXTRACTION AND SCANNING WORKSTATION

5. AN ON-CALL SERVICES CONTRACT FOR UTILITY TRENCH PAVING

6. A PROFESSIONAL SERVICES AGREEMENT FOR CHANGE MANAGEMENT, DEVELOPMENT

AND IMPLEMENTATION OF A PARTNER TECHNOLOGY SUCCESS PROGRAM, AND STAFF

LEADERSHIP DEVELOPMENT
Bills July 31, 2022 through August 19, 2022, and Payroll July 17, 2022 through August 13, 2022 when audited by the Finance Committee.

That the City Council a
pprove and authorize the City Manager, or his designee, to execute Amendment No. 10 to the on-call Design Services Agreement (on ﬁle in the Records Management Department) with Infrastructure Engineering Corporation of Poway, California, to provide engineering design services for the Fourth Street Storm Drain Project in the amount of $209,930 for a revised not-to-exceed total of $1,565,872.

That the City Council approve and authorize a three year Goods and Services Agreement (on ﬁle in the Records Management Department) with OPEX Co., of Moorestown, New Jersey, for the Utilities Customer Services Center (UCSC) Automated Mail Extraction and Scanning Workstation and Annual Maintenance and License costs in the amount of $141,008, and authorize the City Manager to execute the Agreement and future amendments within the authorization limits.

That the City Council take the following actions:

A
.

Reject PAVECO Construction Inc.’s protest against G.M. Sager Construction Inc. in its entirety;
B
.

Authorize the City Manager to execute an On-Call Services Contract for up to ﬁve years (on ﬁle in the Records Management Department) with G.M. Sager Construction Inc., of Pomona, California, for On-Call and Emergency Utility Trench Paving for a not-to-exceed amount $1,695,512.

That the City Council authorize the City Manager to execute a three-year Professional Services Agreement (on ﬁle with the Records Management Department) with Steelbridge Solutions, Inc., of Eastwood, Kentucky, for consulting services, change management, development and implementation of a partner technology success program, and technology staﬀ leadership development programs for a total not to exceed $300,000.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

7. QUIT CLAIM DEED AND A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20389

ATTACHMENT:

20220906 Quit Claim Merrill and Tract Map 20389^01 EXH A

ATTACHMENT:

20220906 Quit Claim Merrill and Tract Map 20389^02 EXH B

ATTACHMENT:

20220906 Quit Claim Merrill and Tract Map 20389^03 RESO^RM

8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING

SERVICES TO MANAGE AND MAINTAIN THE CITY'S ENTERPRISE GEOGRAPHIC

INFORMATION SYSTEM

9. PURCHASE OF NEW REPLACEMENT HELICOPTER AND EQUIPMENT

10. SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN

THE ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P.; AND SECOND AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE CITY OF

ONTARIO AND THE ONTARIO HOUSING AUTHORITY, IN AN AMENDED AMOUNT NOT TO EXCEED $11,500,000.

That the City Council:

A
.

Authorize the City Manager to execute a Quit Claim Deed to Lennar Homes of California,
LLC
, for fee title ownership of a portion of Merrill Avenue; and B
.

Adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20389, located south of Merrill Avenue, west of Haven Avenue.

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

APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20389 LOCATED SOUTH OF MERRILL AVENUE, WEST OF HAVEN AVENUE.

That the City Council authorize the City Manager to execute an Amendment to the current Agreement (on-ﬁle with the Records Management Department) with Geographic Information Services, INC., Birmingham, Alabama, for consulting services to manage and maintain the City's Enterprise Geographic Information System (GIS) for a total not to exceed amount of $200,000 and extend the terms for one year.

That the City Council authorize the City Manager to execute a sole source purchase contract with Airbus Helicopters of Grand Prairie, Texas in the amount of $4,100,000 for the purchase of a new helicopter; and authorize the City Manager to execute an Agreement with Hangar One, of Carlsbad, California in the amount of $2,152,341 for the purchase and installation of specialized helicopter equipment.

That the City Council ("City") and the Board of the Ontario Housing Authority ("Authority"):

A
.

Adopt the Resolutions approving the Second Amendment to the Disposition and CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5

ATTACHMENT:

20220906 Emporia Place II Project SIte^01 EXH A

ATTACHMENT:

OHA - Authority Resolution for Second Amendment to Emporia Phase II Disposition and Development Agreement^04 RESO^RM.docx

ATTACHMENT:

OHA - CITY RESOLUTION- SECOND AMENDMENT TO CITY GRANT
AGREEMENT TO OHA^05 RESO^RM.docx

ATTACHMENT:

OHA - AUTHORITY RESOLUTION FOR SECOND AMENDMENT TO CITY GRANT AGREEMENT TO OHA FOR EMPORIA PHASE II-c1^06
RESO^RM.docx

11. A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT Development Agreement ("Second Amendment to DDA") between the Housing Authority and Ontario Emporia II Housing Partners, L.P. ("Developer") (on ﬁle with Records Management Department);
B
.

Approve the Second Amendment to City Grant Agreement ("Second Amendment to Grant Agreement") between the City and the Authority, providing a grant in an amended amount not to exceed $11,500,000 (on ﬁle with the Records Management Department); and
C
.

Authorize the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements.

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,

CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE DISPOSITION AND

DEVELOPMENT AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P. AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH.

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

APPROVING THAT CERTAIN SECOND AMENDMENT TO CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY DEVELOPMENT] CONCERNING THE GRANT OF

STATE AND DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING PROJECT.

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY OF THE CITY OF ONTARIO,

CALIFORNIA, APPROVING THAT CERTAIN SECOND AMENDMENT TO CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY DEVELOPMENT] CONCERNING THE

GRANT OF STATE AND DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING PROJECT.

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Aﬃdavits of posting compliance, for all items below, are on file with the Records Management Department.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6 (FILE NO. PUD20-001) TO ESTABLISH DEVELOPMENT STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR THE DEVELOPMENT OF 0.81-ACRES OF LAND LOCATED AT 549 WEST HOLT BOULEVARD

ATTACHMENT:

File No. PUD20-001^01 PC Backup

ATTACHMENT:

File No. PUD20-001^02 ORD^RM

ATTACHMENT:

File No. PUD20-001^03 ORD-PUD ATTACHMENT A

12. A PUBLIC HEARING TO CONSIDER FILE NO. PCUP21-009, A CONDITIONAL USE PERMIT TO ESTABLISH A 128-ROOM LIMITED-SERVICE HOTEL ON 1.83 ACRES OF LAND LOCATED AT 5060 EAST FOURTH STREET

ATTACHMENT:

File No. PCUP21-009 Extended Stay Hotel^01 Supplemental Market Study EXH A

ATTACHMENT:

File No. PCUP21-009 Extended Stay Hotel^02 PC BACKUP

ATTACHMENT:

File No. PCUP21-009 Extended Stay Hotel^03 RESO^RM

ATTACHMENT:

File No. PCUP21-009 Extended Stay Hotel^04 RESO ATTACHMENT

13. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE ONTARIO GATEWAY SPECIFIC PLAN
That the City Council introduce and waive further reading of an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20-001, A PLANNED UNIT DEVELOPMENT (THE

ROOSEVELT TOWER PLANNED UNIT DEVELOPMENT) TO ESTABLISH DEVELOPMENT

STANDARDS, DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR

0.81-ACRES OF LAND LOCATED AT 549 WEST HOLT BOULEVARD, WITHIN THE MU- 1/LUA-3 (DOWNTOWN MIXED-USE/HOLT BOULEVARD DISTRICT) ZONING DISTRICT - APN: 1049-021-09.

That the City Council consider and adopt a Resolution approving the Conditional Use Permit, File No. PCUP21-009, establishing a 128-room limited-service hotel located at 5060 East Fourth Street.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PCUP21-009, A CONDITIONAL USE PERMIT TO ESTABLISH AND OPERATE A 128-ROOM LIMITED-SERVICE HOTEL ON 1.83 ACRES OF LAND LOCATED AT 5060 EAST FOURTH STREET, WITHIN THE FREEWAY COMMERCIAL

LAND USE DISTRICT OF THE EXCHANGE SPECIFIC PLAN AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0238-012-30.

That the City Council consider and adopt the Resolution approving File No. PSPA22-003, an Amendment the Ontario Gateway Speciﬁc Plan, modifying Table 2.B (Permitted Land Uses by Planning areas) to allow "Auto Sales and Services" as a permitted land use in the Oﬃce CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ATTACHMENT:

File No. PSPA22-003 Ontario Gateway SP^01 Exhibits A thru C.pdf

ATTACHMENT:

File No. PSPA22-003 Ontario Gateway SP^02 PC Backup.pdf

ATTACHMENT:

File No. PSPA22-003 Ontario Gateway SP^03 RESO^RM
Planning Area 1 land use district.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PSPA22-003, AN AMENDMENT TO THE ONTARIO GATEWAY SPECIFIC PLAN, MODIFYING TABLE 2.B (PERMITTED LAND USES BY PLANNING AREAS) TO ALLOW "AUTO SALES AND SERVICES" AS A PERMITTED LAND USE IN THE OFFICE PLANNING AREA 1 LAND USE DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
Council Member Dorst-Porada
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

Page 1 of 1 ends

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) September 6, 2022
ROLL CALL: Wapner _, Bowman _, Dorst-Porada _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Dorst-Porada _,Valencia _, Mayor / Chairman Leon _.  GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS 2007038 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
9 Department: Fire Department
Prepared By: Sagar Patel
Staff Member Presenting:

Ray Gayk, Fire Chief
Reviewed By: Jordan T Villwock
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No:

SUBJECT:

PROCLAMATION OF SEPTEMBER 2022 AS NATIONAL PREPAREDNESS MONTH

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

SPECIAL CEREMONIES

RECOMMENDATION:

That the City Council proclaim the month of September 2022 as National Preparedness Month in the City of Ontario.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

For the eighteenth consecutive year, the Federal Emergency Management Agency (FEMA) has announced September as National Preparedness Month (NPM).

The goal of NPM is to build awareness and encourage the whole community to prepare for emergencies in their homes, businesses, schools, workplaces, and communities. NPM is managed and sponsored by FEMA's Ready Campaign. The Ready Campaign works closely with Citizens Corps to increase national readiness across the nation. This year's National Preparedness Month theme is "A Lasting Legacy" and encouraging people that t
he life they have built is worth protecting.

Prepare for disasters to create a lasting legacy for you and your family during NPM.

Residents are encouraged to take three primary actions: 1) build a kit 2) make a plan and 3) be informed. All residents are encouraged to visit the www.ReadyOntario.com website to learn more and ﬁnd resources to make these three actions simple and easy to do. During this month, residents and businesses are reminded to register their cell phones with AlertOntario, the City's emergency notiﬁcation system, by texting "ONTARIO" to 888777 or by visiting the www.ReadyOntario.com website.
10 PROCLAMATION OF SEPTEMBER 2022

AS NATIONAL PREPAREDNESS MONTH
WHEREAS, the City of Ontario is committed to ensuring the safety and security of all those living and visiting the city, and is dedicated to raising the awareness of all employees, residents, schools, and businesses about the importance of being prepared for potential disasters; and
WHEREAS, the U. S. Department of Homeland Security is focused on promoting and improving our Nation’s ability to respond to emergencies and strongly supports efforts by cities to safeguard their communities by encouraging them to implement simple measures that will mitigate potential hazards and prevent damage to land and property; and
WHEREAS, the City of Ontario is proud to join with the Federal Emergency Management Agency (FEMA) in this nationwide effort and pledge their support for emergency preparedness by encouraging everyone in the community to create an emergency plan for themselves and their family and friends, to equip themselves with the necessary supplies to care for themselves and their families for at least 72 hours, to register themselves and their family for the mass notification tool AlertOntario, and become informed about the different threats that may affect them; NOW, THEREFORE, the City of Ontario, its City Council and staff members do declare the month of September 2022 as:

NATIONAL PREPAREDNESS MONTH

GIVEN UNDER THE CORPORATE SEAL OF THE CITY OF ONTARIO,
CALIFORNIA this 6th day of September 2022.
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
11 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MEETING MINUTES
AUGUST 2, 2022
(Not Official Until Approved)

JOINT MEETINGS

The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, August 2, 2022 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER

Mayor Leon called the Joint City Council and Ontario Housing Authority meetings to order at 6:32 p.m.

ROLL CALL

PRESENT: Mayor/Chairman Paul S. Leon
Mayor pro Tem/Vice Chair: Alan D. Wapner
Council/Authority Members: Jim W. Bowman, Debra Dorst -Porada and Ruben Valencia.

ABSENT: Council/Authority Members: None.

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk/Secretary Sheila Mautz.

PLEDGE OF ALLEGIANCE

The Pledge of Allegiance was led by Council Member Bowman.

INVOCATION

The invocation was led by Becky Dulay with Baha'i Faith.

PUBLIC COMMENTS

There were three emailed comments:

Alicia Hedrick, expressed concerns over property issues.

Jeanette Ellis Royston, in support of map #10.

Jennifer Jeanne Chang, regarding agricultural land.

Mayor Leon called upon the first speaker:

Norberto Corona, spoke on traffic issues near G Street and Grove Avenue.

Chris Robles, spoke on the creation of districts in the City of Ontario. 12 Ontario City Council/Ontario Housing
Special Meeting Minutes – August 2, 2022

Page 2 of 6 ends

Stephanie Barbosa, expressed concerns regarding parking along school sites.

Jesse Fonseca, spoke on matters regarding the Ontario International Airport Authority.

AGENDA REVIEW/ANNOUNCEMENTS

City Manager Ochoa made no announcements.

CONSENT CALENDAR

MOTION: Moved by Council Member Dorst -Porada, seconded by Council Member Bowman and carried by unanimous roll call vote 5 -0, to approve the Consent Calendar as presented.

1. APPROVAL OF MINUTES

Minutes for the Regular Meetings of the City Council and Housing Authority of July 5, 2022 and special meetings of the City Council on Housing Authority on July 8, 2022 and approving the same as on file in the Records Management Department.

2. BILLS & PAYROLL

Bills from June 17, 2022 through June 30, 2022 in the amount of $6,010,359,51 and Payroll from June 5, 2022 through June 18, 2022 in the amount of $ 3,871,654.94, when audited by the Finance Committee.

3. ORDINANCES APPROVIN G DEVELOPMENT AGREEMENTS (FILE NOS.

PDA22-003-A, B, C, AND D) BETWEEN THE CITY OF ONTARIO AND OTC LOT

OWNER, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO. PDEV22-014)

The City Council consider ed and adopt ed Ordinances approving Development Agreements (File No.'s PDA22 -003-A, B, C, and D) to establish the terms and conditions associated with a Development Plan (File No. PDEV22-014) to construct up to 694 residential units and 71,500 square feet of commercial/oﬃce/retail uses on

10.49 acres of land located at 4000 East Ontario Center Parkway and the southeast and southwest corners of Via Piemonte and Via Villagio, within the Mixed -Use land use district (Subareas 8, 11, 16, and 17) of the Piemonte Overlay of the Onta rio Center Specific Plan. First reading and introduction took place at a regular meeting of the City Council on July 19, 2022.

ORDINANCE NO. 3217 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22 -003-A, A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC

LOT A OWNER LLC, TO ESTABLISH THE TERMS AND CONDITIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22 -014) TO CONSTRUCT 384 13 Ontario City Council/Ontario Housing
Special Meeting Minutes – August 2, 2022

Page 3 of 6 ends

RESIDENTIAL UNITS AND UP TO 25,256 SQUARE FEET OF
COMMERCIAL/OFFICE/RETAIL USES, ON APP ROXIMATELY 4.83 ACRES OF

LAND LOCATED AT THE SOUTHWEST CORNER OF ONTARIO CENTER
PARKWAY AND CONCOURS STREET, WITHIN MIXED -USE SUBAREA 16 OF

THE PIEMONTE OVERLAY OF THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: NORTHEAST PORTION OF 0210-205-01.

ORDINANCE NO. 3218 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA22 -003-B, A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC

LOT B OWNER LLC, TO ESTABLISH THE TERMS AND CONDITIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22 -014) TO CONSTRUCT 112 RESIDENTIAL UNITS AND UP TO 20,802 SQUARE FEET OF
COMMERCIAL/OFFICE/RETAIL USES, ON APPROXIMATELY 1.69 ACRES OF

LAND LOCATED AT THE SOUTHWEST CORNER OF ONTARIO CENTER
PARKWAY AND FERRARI LANE, W ITHIN MIXED -USE SUBAREA 17 OF THE

PIEMONTE OVERLAY OF THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: SOUTHEAST PORTION OF 0210-205-01.

ORDINANCE NO. 3219 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, A PPROVING FILE NO. PDA22 -003-C, A

DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC

LOT C OWNER LLC, TO ESTABLISH THE TERMS AND CONDITIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22 -014) TO CONSTRUCT 94 RESIDENTIAL UNITS AND UP TO 11,047 SQUARE FEET OF
COMMERCIAL/OFFICE RETAIL USES, ON APPROXIMATELY 1.93 ACRES OF

LAND FOR LOCATED AT THE SOUTHWEST CORNER OF ONTARIO VIA PIEMONTE AND VIA VILLAGIO, WITHIN MIXED -USE SUBAREA 8 OF THE

PIEMONTE OVERLAY OF THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0210-204-39.

ORDINANCE NO. 3220 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FILE NO. PDA22 -003-D, A DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND OTC LOT D OWNER, LLC,

TO ESTABLISH THE TERMS AND CONDI TIONS FOR A DEVELOPMENT PLAN (FILE NO. PDEV22-014) TO CONSTRUCT 104 RESIDENTIAL UNITS AND UP TO 14,095 SQUARE FEET OF COMMERCIAL/OFFICE/RETAIL USES, ON APPROXIMATELY 2.04 ACRES OF LAND LOCATED AT THE SOUTHEAST

CORNER OF ONTARIO VIA PIEMONTE AND VIA VILLAGIO WITHIN THE MIXED- USE SUBAREA 11 OF THE PIEMONTE OVERLAY OF THE ONTARIO CENTER SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 0210- 204-38.

14 Ontario City Council/Ontario Housing
Special Meeting Minutes – August 2, 2022

Page 4 of 6 ends

4. AN ORDINANCE AMENDING AND RESTATING ORDINANCE NO. 3082

LEVYING SPECIAL TAXES WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH-FACILITIES)

The City Council considered and adopted an amending and restating Ordinance No. 3082 levying special taxes within City of Ontario Community Facilities District No. 35 (Countryside Phase 2 South-Facilities). First reading and introduction took place at a regular City Council meeting on July 19, 2022.

ORDINANCE NO. 3221 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, AN ORDINANCE OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AMENDING AND RESTATING ORDINANCE NO. 3082 LEVYING SPECIAL TAXE S WITHIN THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 35 (COUNTRYSIDE PHASE 2 SOUTH - FACILITIES).

5. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA2 2-004) PROPOSING

CERTAIN CLARIFICATIONS AND REVISIONS TO THE CITY OF ONTARIO

DEVELOPMENT CODE PERTAINING TO CHINO AIRPORT

The City Council consider ed and adopt ed the Ordinance approving File No.

PDCA22-004, a Development Code Amendment proposing certain clarifications and revisions to the City of Ont ario Development Code, establishing the Chino Airport Overlay zoning district and Reference L, Chino Airport Land Use Compatibility Plan.

First reading and introduction took place at a regular City Council meeting on July 19, 2022.

ORDINANCE NO. 3222 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA22 -004, A

DEVELOPMENT CODE AMENDMENT FOR CERTAIN REVISIONS TO THE CITY

OF ONTARIO DEVELOPMENT CODE, ESTABLISHING THE CHINO AIRPORT

OVERLAY ZONING DISTRICT AND REFERENCE L, CHINO AIRPORT LAND USE COMPATIBILITY PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF.

ADMINISTRATIVE REPORT/DISCUSSION/ACTION

6. RESOLUTIONS CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 8, 2022 GENERAL

MUNICIPAL ELECTION

The City Council adopt ed Resolutions (1) Placing a measure to approve a general capital Transactions and Use Tax (Sales Tax) at the rate of one cent (1¢) on the November 8, 2 022 General Municipal Election ballot; (2) requesting the Board of Supervisors of the County of San Bernardino render the General Municipal Election consolidated with the State General Election; and (3) setting rules for the filing of primary and rebuttal arguments regarding the measure.

15 Ontario City Council/Ontario Housing
Special Meeting Minutes – August 2, 2022

Page 5 of 6 ends

RESOLUTION NO. 2022 -123 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR THE FILING OF PRIMARY

AND REBUTTAL ARGUMENTS AND SETTING RULES FOR THE FILING OF

WRITTEN ARGUMENTS REGARDING A CITY MEASURE TO BE SUBMITTED AT THE NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION.

RESOLUTION NO. 2022 -124 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, REQUESTING THE BOARD OF

SUPERVISORS OF THE COUNTY OF SAN BERNARDINO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 8, 2022 WITH

THE STATEWIDE GENERAL ELECTION TO BE HE LD ON THAT DATE PURSUANT TO §10403 OF THE ELECTIONS CODE.

RESOLUTION NO. 2022 -125 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, CALLING FOR THE PLACEMENT OF A GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 8, 2022

GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE QUALIFIED

VOTERS OF AN ORDINANCE TO ENACT A GENERAL TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF ONE CENT (1¢).

PUBLIC COMMENTS

Chris Robles, spoke in opposition of the item.

City Council discussed the item and arrived at a consensus to give residents the opportunity to vote on the matter.

MOTION: Moved by Council Member Dorst -Porada, seconded by Mayor pro Tem Wapner and carried by unanimous roll call vote 5-0, to adopt Resolution Nos. 2022-123, 2022-124, and 2022-125.

STAFF MATTERS

There were no staff matters.

COUNCIL MATTERS

Council Member Valencia made no comments.

Council Member Bowman made no comments.

Mayor pro Tem Wapner stated he looked forward to seeing residents at National Night Out.

Mayor Leon made no comments.

16 Ontario City Council/Ontario Housing
Special Meeting Minutes – August 2, 2022

Page 6 of 6 ends

Council Member Dorst-Porada stated she looked forward to seeing residents at National Night Out.

ADJOURNMENT

Mayor Leon adjourned the meetings of the Joint Agencies at 6: 59 p.m.

Respectfully submitted,

____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY

APPROVED:

____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
17 Department: Engineering
Prepared By: Leonard Lui
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

AN AMENDMENT TO A DESIGN SERVICES AGREEMENT WITH INFRASTRUCTURE

ENGINEERING CORPORATION FOR THE FOURTH STREET STORM DRAIN PROJECT

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council a
pprove and authorize the City Manager, or his
designee, to execute Amendment No. 10 to the on-call Design Services Agreement (on ﬁle in the Records Management Department) with Infrastructure Engineering Corporation of Poway, California, to provide engineering design services for the Fourth Street Storm Drain Project in the amount of $209,930 for a revised not-to-exceed total of $1,565,872.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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)
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriated funds in the amount of $300,000 in OMC Local Adjacent Storm Drain Development Impact Fee (DIF) Funds for the design phase of the project (Project No. SD-063). The recommended expenditure authorization for Infrastructure Engineering Corporation consists of $190,845, plus a ten percent (10%) contingency of $19,085 for a total of $209,930 and a revised not-to-exceed contract total of $1,565,872.

BACKGROUND & ANALYSIS:

The Fourth Street Storm Drain project is a master planned facility within the General City that
spans from the Cucamonga Creek Channel to El Dorado Avenue and Fifth Street. The portion of the storm drain from the channel to Corona Avenue was previously built by developers and the I-10 widening project. This contract will provide for the design of the remaining portion of this project comprised of approximately 4,100 lineal feet of storm drain extending from El Dorado Avenue and Fifth Street to Corona Avenue and Fourth Street. A project location map has been provided (see Exhibit A).

In June 2022, the City solicited proposals from our on-call design engineering services consultant teams and received two responses. A selection team comprised of City staﬀ reviewed the proposals 18 and recommends
Infrastructure Engineering Corporation provide design engineering services for the Fourth Street Storm Drain Project. The City ﬁrst contracted with Infrastructure Engineering Corporation in May of 2019 after an extensive Request for Proposal selection process for on-call professional services. This Amendment is to revise the scope of work to include services for the Fourth Street Storm Drain project and to increase the not-to-exceed compensation amount of the contract.
19 N.T.S.

ProjectLocation
Existing Storm Drain
20 Department: Utilities Customer Services
Prepared By: Claudia Hernandez
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

A GOODS AND SERVICES AGREEMENT FOR THE UTILITIES CUSTOMER SERVICES

CENTER AUTOMATED MAIL EXTRACTION AND SCANNING WORKSTATION

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The UCSC Automated Mail Extraction and Scanning Workstation proposed expenditure amounts to $141,008. Annual maintenance and license costs for three years are included in the cost. If approved, appropriations of $113,466 from Integrated Waste, Sewer, and Water Operating Funds for year one will be included in the Fiscal Year 2022-23 First Quarter Budget update report to City Council.

Appropriations for years two and three
will be added to the future
years budgets consistent with the annual adoption process.

There is no ﬁscal impact to the General
Fund.

BACKGROUND & ANALYSIS:

The City's Utilities Customer Services Center (
UCSC)
is committed to
recognizing and meeting the ever-changing needs of the residents and businesses.

UCSC is
responsible for the billing and payment collection of water, sewer, and integrated waste services, and currently processes approximately 76,000 check payments per year. The current document scanning workstation has reached its life cycle and is in need of replacement. The Falcon+Model 72 mail extraction and scanning workstation will allow UCSC to continue processing check payments while continuing to provide the highest level of service for check payment collections and processing.

The proposed workstation from OPEX Co. (OPEX) oﬀers the latest technology for document scanning, opening envelopes, and extracting contents all in one step. The workstation reduces 21 processing times due to its high-capacity feeder; touchscreen monitor where operators can view images in real-time to ensure proper capture, and various media detection capabilities. OPEX is the sole source provider of the digital mailroom document scanning workstation. OPEX is the owner and manufacturer of OPEX products, and they
have certiﬁed that they are the sole authorized
source for parts and service on its equipment. Software, licensing, and maintenance fee’s will be required for maintenance of the workstation. These fees are included in the cost.

Staff has reviewed
pricing, is familiar with the system, and recommends this sole source award to OPEX.

22 Department: Utilities
Prepared By: Andy Marquez
Staff Member Presenting:

Scott Burton, Utilities General Manager
Reviewed By: Dennice Raygoza, Albert G
Gastelum, Michael Sigsbee
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:

AN ON-CALL SERVICES CONTRACT FOR UTILITY TRENCH PAVING

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

Reject PAVECO Construction Inc.’s protest against G.M. Sager Construction Inc. in its entirety; B
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriation from the Water and Sewer Operational Funds for these on-call services. The recommended Contract amount is for a total not-to-exceed amount of $1,695,512. The initial term of the Contract will be from September 6, 2022 to June 30, 2025 (FY 2022-23 - $306,845, FY 2023-24 - $322,187, and FY 2024-25 - $338,297).

At the City’s discretion, up to two additional one-year extensions may be executed (FY 2025-26 - $355,211, and FY 2026-27 - $372,972). Contractor has agreed to ﬁxed billing rates for the ﬁrst year and will be compensated for on-call, as-needed services performed at the billing rates set forth in the Contract. Pricing for each additional year of the Contract will be negotiated and any increases in any year will not exceed 5% in total. The total compensation for this Contract will be commensurate with City Council approved budgets. There is no fiscal impact to the general fund.

BACKGROUND & ANALYSIS:

This Contract provides for the repair and repaving of utility trenches at various locations throughout the City on an as-needed basis. The work performed under this Contract consists of approximately 200 trench repairs each year for a total of over 10,000 square feet of asphalt and 400 square feet of concrete. The trench repairs are related to underground pipeline work performed by Utilities Staﬀ on the water and sewer systems. Trench repairs are 23 coordinated with the Contractor following utility work to minimize disruption within the public right- of-way.

In June 2022, the City solicited bids for On-Call and Emergency Utility Trench Paving. On June 21, 2022, six bids were received through the City's electronic bid management system in response to Bid No. 1541, OMUC Contract No. UT-1068.

Companies that submitted bids are as follows:

Vendor Name
Location
Amount
G.M Sager Construction Inc.

Pomona, CA
$306,845.00
PAVECO Construction Inc.

Baldwin Park, CA
$531,012.50
C.P. Construction Co. Inc.

Ontario, CA
$825,095.00
Hardy & Harper Inc.

Lake Forest, CA
$921,655.00
Gentry General Engineering Inc.

Rancho
Cucamonga, CA

$939,013.00
T.E. Roberts Inc.

Irvine, CA

$1,845,845.00
Staﬀ reviewed the bids for responsiveness and pricing criteria. Based on the proposed unit pricing, Staff recommends awarding the bid to G.M. Sager Construction Inc.

On June 28, 2022, PAVECO Construction Inc. submitted a protest letter stating, “G.M. Sager Inc. submitted an unbalanced bid and protested that their bid should be considered unresponsive.” Based upon Staﬀ review, G.M. Sager was found to have reasonable percentages in the bid when compared to other bidders and recommends rejecting the protest by PAVECO Construction, Inc. in its entirety.
24 Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:

A PROFESSIONAL SERVICES AGREEMENT FOR CHANGE MANAGEMENT,

DEVELOPMENT AND IMPLEMENTATION OF A PARTNER TECHNOLOGY SUCCESS

PROGRAM, AND STAFF LEADERSHIP DEVELOPMENT

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations from the Information Technology Fund for Information Technology Agency consulting services. The proposed Professional Services Agreement has a contract amount not to exceed $300,000. Actual expenditures will be based on services rendered and pursuant based on the ﬁxed billing rates set forth in the Agreement. If approved, appropriations will be added to the future years' budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

Steelbridge Solutions, Inc. (Steelbridge) has a proven familiarity with the City's approach to technology projects. Over the past few years, they have partnered with the City to develop organizational change management programs and have implemented an automated coaching and development system that is utilized citywide. Steelbridge has supported several City technology initiatives, including implementing a Human Resources capital management, a payroll system and a utility billing system. Additionally, they have developed a repeatable technology change management process that supported the rollout of an Information Technology Helpdesk system. Steelbridge will leverage this knowledge to create a partner technology success program and provide additional coaching to the Information Technology Agency team on more eﬀective use of IT tools. Based on their previous work and the eﬀective solutions oﬀered in their proposal, Staﬀ recommends approval of a three-year Agreement with Steelbridge Solutions, Inc. for a not to exceed amount of $300,000. 25 Department: Engineering
Prepared By: Raymond Lee
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Khoi Do
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

QUIT CLAIM DEED AND A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20389

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council:

A
.

Authorize the City Manager to execute a Quit Claim Deed to Lennar Homes of California, LLC
,
for fee title ownership of a portion of Merrill Avenue; and B
.

Adopt a Resolution approving an Improvement Agreement, Improvement Security and Final Tract Map No. 20389, located south of Merrill Avenue, west of Haven Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action. All public infrastructure improvements required will be constructed by the Developer at its sole cost.

BACKGROUND & ANALYSIS:

Final Tract Map No. 20389, consisting of one lot on approximately 6.5 acres of land, as shown on Exhibit A, has been submitted by the Developer,
Lennar Homes of California, LLC, a California
Limited Liability Company
. Tentative Tract Map No. 20389 was approved by the Planning Commission on May 25, 2021.
26 As a clean up item, the City will quit claim a portion of Merrill Avenue and a portion of the landscape area along Merrill Avenue that were dedicated by Tract Map No. 17821, as shown on Exhibit B. The Developer will re-dedicate the required easements to the City of Ontario as part of Final Tract Map 20389.

Improvements will include streets, storm drain, domestic water main, recycled water, sewer main, ﬁber optic conduits, street lights and parkway landscaping with irrigation. Improvements in the parkway will be consistent with current City approved drought measures.

The Developer has entered into an Improvement Agreement with the City for Final Tract Map No. 20389 and has posted adequate security to ensure construction of the required improvements.

This map meets all conditions of the Subdivision Map Act and the Ontario Municipal Code and has been reviewed and approved by the City Engineer.
27 EXHIBIT ATRACT 20389

BELLEGRAVE AVE

VICINITY MAPARCHIBALD AVE

EUCALYPTUS AVE

LIMONITE AVEHAVEN AVE

PROJECTLOCATION

MERRILL AVE
28 EXHIBIT B
EXHIBIT BTRACT 20389

BELLEGRAVE AVE

VICINITY MAPARCHIBALD AVE

EUCALYPTUS AVE

LIMONITE AVEHAVEN AVE

PROJECTLOCATION
TRACT 20389

MERRILL AVE
29 RESOLUTION NO. ______

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

CALIFORNIA, APPROVING AN IMPROVEMENT AGREEMENT,
IMPROVEMENT SECURITY AND FINAL TRACT MAP NO. 20389
LOCATED SOUTH OF MERRILL AVENUE, WEST OF HAVEN AVENUE.

WHERAS, Tentative Tract Map No. 20389 submitted for approval by SL Ontario Development Company, a Delaware Limited Liability Company, was approved by the Planning Commission of the City of Ontario on May 25, 2021; and WHEREAS, Tentative Tract Map No. 20389 consists of one numbered lot being a subdivision of lot 4 of Tract Map No. 18913-4, recorded in book 347, pages 53 through 58, inclusive, of maps together with Lot ‘I’ and a portion of Lot ‘B’ of Tract Map No. 17821 filed in book 333, pages 64 through 77, inclusive, of maps, in official records in the office of County Recorder of San Bernardino County together with that portion of Merrill Avenue (formerly Bellegrave Avenue) as dedicated on said Tract Map No. 17821, lying easterly of the northerly prolongation of the westerly line of lot 7 of said Tract Map No. 17821, excepting therefrom any portion of said lot ‘b’, lying westerly of said northerly prolongation of said lot 7 also excepting therefrom, the northerly 54.00 feet of said portion of Merrill Avenue; and
WHEREAS, to meet the requirements established as prerequisite to final approval of Tract Map No. 20389, Lennar Homes of California, LLC, a California Limited Liability Company, has offered the Improvement Agreement together with good and sufficient improvement security, in conformance with the City Attorney’s approved format, for approval and execution by the City; and
WHEREAS, the requirement for the preparation of Covenants, Conditions and Restrictions (CC&R’s), approved by the City Attorney’s Office, to ensure the right to mutual ingress and egress and continued maintenance of common facilities by the commonly affected property owners has been deferred to a date that coincides with the recordation of the subject Tract Map.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ontario, California, as follows:

1. That said Improvement Agreement be, and the same is, approved and the City Manager is authorized to execute same on behalf of said City, and the City Clerk is authorized to attest thereto; and

2. That said Improvement Security is accepted as good and sufficient, subject to approval as to form and content thereof by the City Attorney; and

3. That Final Tract Map No. 20389 be approved and that the City Clerk be authorized to execute the statement thereon on behalf of said City. 30 The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 6th day of September 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________

BEST, BEST & KREIGER, LLP

CITY ATTORNEY
31 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 September 6, 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 September 6, 2022. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
32 Department: Information Technology
Prepared By: Samantha Robles
Staff Member Presenting:

Colin Fernandes, Executive Director Information
Technology
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT FOR

CONSULTING SERVICES TO MANAGE AND MAINTAIN THE CITY'S ENTERPRISE

GEOGRAPHIC INFORMATION SYSTEM

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

The Fiscal Year 2022-23 Adopted Budget includes appropriations from the Information Technology Fund for Information Technology Agency consulting services. The proposed Amendment to the Professional Services Agreement increases the authorized contract amount by $50,000 for a not-to-exceed contract amount of $200,000 and extends the agreement through July 31,2023. Actual expenditures will be based on services rendered and pursuant based on the ﬁxed billing rates set forth in the existing Agreement. If approved, appropriations will be added to the future years' budgets consistent with the annual adoption process.

BACKGROUND & ANALYSIS:

The City's Geographic Information System (GIS) provides mapping and address data to multiple systems used by the City. The City's consultant, Geographic Information Services, Inc (GIS Consultant) provides the City with professional services to assist with the management and maintenance of the City's information system. The initial Agreement with the GIS Consultant began in August 2020 and was extended for an additional year to August 2022. Over this time frame, the GIS Consultant has provided the City with excellent support and has demonstrated the level of speciﬁc systems expertise that is required . Staﬀ requests City Council
approval to extend the Agreement to August 2023 and to increase funding in Fiscal Year 2022-23. 33 Department: Police Department
Prepared By: Zina Hullings
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

PURCHASE OF NEW REPLACEMENT HELICOPTER AND EQUIPMENT

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
FISCAL IMPACT:

The purchase of a replacement helicopter will be funded from the Equipment Services Fund for approximately $4,752,341. The cost of the new helicopter is $4,100,000 and the estimated cost for the installation and purchase specialized helicopter equipment is $2,152,341;
this includes a $50,000 contingency. It is
projected that the sale of the City's existing helicopter will generate approximately $1,500,000 in proceeds, which will reduce the net cost of the replacement helicopter from the cost of $6,252,341 to the projected amount of $4,752,341. If approved, the associated appropriations adjustments will be included in the Fiscal Year 2022-23 First Quarter Budget Update report to the City Council.

BACKGROUND & ANALYSIS:

The Ontario Police Department Air Support Unit operates three helicopters in its ﬂeet. The planned replacement of City aircraft is predicated on a milestone of 10 years, which is prior to the requirement to perform signiﬁcant maintenance. Aging aircraft have a higher hourly operating cost due to unanticipated maintenance. Replacing at 10 years will avoid a 12-year inspection which includes paint stripping and disassembling the helicopter to focus on identiﬁcation of fatigue and potential airframe and equipment failures. This is very costly and requires approximately six to nine months to complete.

Airbus Helicopters is considered a sole source vendor for the City of Ontario. The acquisition of the replacement H125 helicopter will ensure standardization and maintain the current high level of public safety for the City. This acquisition will also allow for consistency of training, tools and equipment, as well as enhance oﬃcer safety. Airbus Helicopters was selected as a sole-source 34 vendor based on the aircraft eﬀectiveness and technical features, longer useful life, higher resale value, and lower maintenance requirements as compared to helicopters made by other manufacturers. The City's experience with this manufacturer began in 2002 with Ontario Police Department's purchase, of its ﬁrst American Eurocopter (AEC) helicopter. The company since changed its name in 2014 to Airbus Helicopters.

The installation of avionics (and additional helicopter equipment) will be performed by Hangar One.

Hangar One is also a City approved sole-source vendor. The company is an FAA-certiﬁed repair station, as well as an authorized sales and service center for manufacturers of avionic equipment for both law enforcement and private business aircraft. Utilizing Hangar One for equipment installation will maintain compatibility with avionics currently in service with all aircraft operated by Ontario Police Department.
35 Department: Housing
Prepared By: Katryna Gonzalez
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT:

SECOND AMENDMENT TO THE DISPOSITION AND DEVELOPMENT AGREEMENT

BETWEEN THE ONTARIO HOUSING AUTHORITY AND ONTARIO EMPORIA II HOUSING PARTNERS, L.P.; AND SECOND AMENDMENT TO THE GRANT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND THE ONTARIO HOUSING AUTHORITY, IN AN AMENDED AMOUNT NOT TO EXCEED $11,500,000.

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council ("City") and the Board of the Ontario Housing Authority ("Authority"):

A
.

Adopt the Resolutions approving the Second Amendment to the Disposition and Development Agreement ("Second Amendment to DDA") between the Housing Authority and Ontario Emporia II Housing Partners, L.P. ("Developer") (on ﬁle with Records Management Department);
B
.

Approve the Second Amendment to City Grant Agreement ("Second Amendment to Grant Agreement") between the City and the Authority, providing a grant in an amended amount not to exceed $11,500,000 (on file with the Records Management Department); and C
.

Authorize the City Manager/Executive Director or his designee to sign all documents necessary to implement the Agreements.

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 Fiscal Year 2022-23 Adopted Budget includes appropriations of $10,000,000 in the Ontario Housing Authority Fund for Emporia Phase II. Approval of the Second Amendment to the DDA will increase the Authority's gap loan from $10,000,000 to $11,500,000, increasing the City's total investment for the project to an estimated amount of $14,200,000. If approved, appropriations of $1,500,000 will be included in the First Quarter budget update and added to the FY 2022-23 Adopted Budget from the Affordability In-Lieu Fund.

36 The Developer loan amount will be ﬁnalized at the close of escrow and is dependent upon the land appraisal amount. The Authority's gap loan is a residual receipt note without interest that will be paid back over a 65-year term. Under the DDA, the loan will provide funds for the acquisition of land at a cost of $2,267,000 or appraised value, whichever is greater. In this case, the appraised value is higher at $2,700,000. The land purchase price will be provided to the Developer in the form of a loan carryback. The land purchase principal will have an interest rate at the applicable federal rate that will be set at escrow closing, currently estimated at 3.25%.

The City's Grant Agreement to the Authority, as amended by the Second Amendment to the Grant Agreement will not exceed $11,500,000 and will be funded from the following sources:

California 2019 Budget Act Funds in the amount of $5,000,000; Affordability In-Lieu Fees in the amount of $4,619,990; and Permanent Local Housing Allocation (PLHA) Funds (SB2 Funds) in the amount of $1,880,010.

The increased funding of $1,500,000 is included in the not to exceed $11,500,000 proposed as part of the Second Amendment to the DDA. Additionally, the project is expected to be awarded Low- Income Housing Tax Credits to support the development in September 2022.

BACKGROUND & ANALYSIS:

On April 20, 2021, the City Council and Authority Board approved the Emporia Phase II Multifamily Development ("Development") Disposition and Development Agreement ("DDA") and the City Grant Agreement for a 50-unit aﬀordable housing development in the area of Emporia Street and Palm Avenue. The area, site plan, and elevations are shown in Exhibit A. The First Amendment to the DDA and the First Amendment to the Grant Agreement were approved by the City Council and Authority Board on February 15, 2022. Following is a brief summary of the proposed Amendments under consideration:

The Second Amendment to DDA will increase the OHA loan ﬁxed sum portion by $1,500,000, which increases the proposed loan amount to Developer to an amount equal to the sum of the Purchase Price for the property plus the fixed sum amount of $11,500,000; and

The Second Amendment to Grant Agreement will increase the grant to include the total amount of Local In-Lieu Fees of $4,619,990, which includes the amended authorization of $3,119,990 and the additional allocation of $1,500,000, PLHA funds of $1,880,010, and $5,000,000 from California 2019 Budget Act Funds.

The Development is expected to be awarded Federal Low-Income Housing Tax Credit (LIHTC) program funds as a primary source of project funding. The Developer submitted an application for 2022 Round 2 funding and has received the apparent top score in the competitive grant application process for this region. The additional funding is necessary to complete the Development due to the rising construction costs and construction loan interest rates.

If the City Council and Authority Board approve the proposed Amendments, the Developer will accept the tax credits and will commence construction in March 2023. 37 EXHIBIT A

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38 EXHIBIT A

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39 EXHIBIT A

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40 EXHIBIT A

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41 EXHIBIT A

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42 EXHIBIT A

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43 RESOLUTION NO.________

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY APPROVING

A SECOND AMENDMENT TO DISPOSITION AND DEVELOPMENT

AGREEMENT BETWEEN THE ONTARIO HOUSING AUTHORITY AND
ONTARIO EMPORIA II HOUSING PARTNERS, L.P. AND MAKING
CERTAIN FINDINGS IN CONNECTION THEREWITH.

WHEREAS, the Ontario Housing Authority, a California public agency ("Authority"), currently owns certain real property generally located between Transit Street and Emporia Street and Fern Avenue and Laurel Avenue and more specifically described in Exhibit A attached to this Resolution and incorporated herein by this reference (“Property”); and WHEREAS, the Authority entered into that certain Disposition and Development Agreement (the "DDA"), dated as of April 20, 2021, with Ontario Emporia II Housing Partners, L.P. (the "Developer"), pursuant to which (a) the Authority would sell to Developer the Property, and (b) the Developer will develop thereon an approximately 50- unit, multifamily, affordable, rental housing project (the "Project"); and WHEREAS, the Authority and Developer entered into the First Amendment to the DDA dated, for reference purposes, as of February 15, 2022 (“First Amendment to DDA”) to increase the Fix Sum Portion of the Authority Subordinate Loan for the Project; and WHEREAS, in order to address increased construction costs, increased interest rates, and the unforeseen costs of installing a vapor barrier for the Project, the Authority and Developer now desire to amend the DDA (“Second Amendment to DDA”) in order to further increase the Fixed Sum Portion of the Authority Subordinate Loan (as those terms are defined in the DDA, as amended) for the Project by One Million, Five Hundred Thousand Dollars ($1,500,000), resulting in an amended not to exceed fixed sum of Eleven Million, Five Hundred Thousand Dollars ($11,500,000), and to update the Preliminary Project Budget, including the Cash Flow Projection.

NOW, THEREFORE, BE IT RESOLVED by the City Councill of the City of Ontario as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

SECTION 2. Approval of Agreement. The Authority Board hereby approves the Second Amendment to DDA, a copy of which is on file with the Secretary of the Authority, subject to any non-substantive revisions which do not increase the Authority’s liability and are approved by the Authority counsel, and authorizes the Executive Director to sign and enter into the Second Amendment to DDA.

SECTION 3. CEQA. The Authority has determined that it can be seen with certainty that there is no possibility that approval of the actions authorized under this Resolution will have a significant adverse effect on the environment. Thus, the adoption 44 of this Resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 4. Notice of Exemption. The Executive Director, or his designee, is hereby directed to file a Notice of Exemption for the Project under CEQA.

SECTION 5. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The Authority declares that the Authority would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

SECTION 6. Effective Date. This Resolution shall become effective immediately upon its adoption.

The Secretary of the Ontario Housing Authority shall certify as to the adoption this Resolution.

PASSED, APPROVED AND ADOPTED this 6th day of September 2022. _____________________________________
PAUL S. LEON, CHAIRMAN
ATTEST:
____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
APPROVED AS TO FORM:
_______________________________________

AUTHORITY COUNSEL
45 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, Secretary of the Ontario Housing Authority, DO HEREBY CERTIFY that the foregoing Resolution No. OHA- was duly passed and adopted by the Board Members of the Ontario Housing Authority at their regular meeting held September 6, 2022 by the following roll call vote, to wit:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
The foregoing is the original of Resolution No. OHA- duly passed and adopted by the Ontario Housing Authority at their regular meeting held September 6, 2022. ___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
46 EXHIBIT “A”

LEGAL DESCRIPTION OF THE

PROPERTY
47 EXHIBIT “A”

LEGAL DESCRIPTION OF THE PROPERTY

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF

ONTARIO IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1: LOTS 4, 5, 8 AND 9, BLOCK 58, TOWN OF ONTARIO, IN THE CITY

OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY.

EXCEPTING THE NORTH 3.25 FEET AS CONVEYED TO THE CITY OF ONTARIO, BY DEED RECORDED MAY 13, 1958 IN BOOK 4507, PAGE 433 OFFICIAL RECORDS OF SAN BERNARDINO COUNTY. APN: 1049-054-02-0-000
PARCEL 2: THE NORTH 60 FEET OF LOTS 1, 2 AND 3, BLOCK 58, TOWN OF

ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY. APN: 1049-054-03-0-000
PARCEL 3: LOTS 6 AND 7, IN BLOCK 58, TOWN OF ONTARIO, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY

RECORDER OF SAID COUNTY, PURSUANT TO THAT CERTAIN CERTIFICATE APPROVING LOT LINE ADJUSTMENT NO. L-78-4, RECORDED JULY 06, 1978 IN BOOK 9468, PAGE 1350 OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:

PORTIONS OF BLOCK 58, TOWN OF ONTARIO, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAN BERNARDINO COUNTY. BEGINNING AT THE NORTHWEST CORNER OF LOT 6 OF THE ABOVE DESCRIBED BLOCK, THENCE EASTERLY TO THE NORTHEAST CORNER OF SOUTH LOT 6, THENCE SOUTHERLY 210 FEET TO THE SOUTHEAST CORNER OF LOT 7 OF SAID BLOCK, THENCE WESTERLY TO THE SOUTHWEST CORNER OF SOUTH LOT 7, THENCE NORTHERLY 210 FEET TO THE POINT OF BEGINNING. APN: 1049-054-06-0-000 PARCEL 4: THAT PORTION OF BLOCK “B”, IN THE TOWN OF ONTARIO,

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED I BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY, PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF EMPORIA AVENUE 40.6 FEET WEST OF THE EAST LINE OF SAID BLOCK “B” (THE SAME BEING 364 FEET WEST OF THE WEST LINE OF LAUREL AVENUE); RUNNING THENCE WEST ON THE SOUTH LINE OF EMPORIA AVENUE 52 FEET; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID BLOCK “B” 118 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILWAY COMPANY; THENCE EAST ON SAID NORTH LINE 52 FEET, MORE OR LESS TO A POINT DUE SOUTH OF THE POINT OF BEGINNING; THENCE NORTH TO THE POINT OF BEGINNING. APN: 1049-059- 07-0-000
PARCEL 5: LOTS 1, 2, 3, 10, 11 AND 12, IN BLOCK 58, TOWN OF ONTARIO,

IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF 48 CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43 OF MAPS, RECORDS OF SAID COUNTY. SAVING AND EXCEPTING THE NORTH 60 FEET OF LOTS 1, 2 AND 3. APN: 1049-054-04-0-000
PARCEL 6: THAT PORTION OF BLOCK "B", AS SHOWN ON THE MAP OF

TOWN OF ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK 9, PAGE 43, OF MAPS, RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH LINE OF EMPORIA AVENUE, 50 FEET EAST OF THE WEST LINE OF BLOCK "B"; THENCE EAST ALONG THE SOUTH LINE OF EMPORIA AVENUE, 213.8 FEET TO A POINT 92.6 FEET WEST OF THE EAST LINE OF SAID BLOCK "B"; THENCE SOUTH ON A LINE PARALLEL WITH THE EAST LINE OF SAID BLOCK "B" 118 FEET, MORE OR LESS, TO A POINT ON THE NORTH LINE OF THE SOUTHERN PACIFIC RAILWAY RIGHT OF WAY; THENCE WESTERLY ALONG THE NORTH LINE OF SAID RIGHT OF WAY 214 FEET; MORE OR LESS TO A POINT DUE SOUTH OF THE POINT OF BEGINNING; THENCE NORTH ON A LINE PARALLEL WITH AND 50 FEET EAST OF THE WEST LINE OF SAID BLOCK, TO THE POINT OF BEGINNING.

EXCEPTING THEREFROM THE WESTERLY 103.8 FEET. APN: 1049-059-06-0-000 49 RESOLUTION NO. ________

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

CALIFORNIA, APPROVING THAT CERTAIN SECOND AMENDMENT TO
CITY GRANT AGREEMENT [EMPORIA PHASE II MULTIFAMILY
DEVELOPMENT] CONCERNING THE GRANT OF STATE AND

DEVELOPER IN-LIEU FEE FUNDS TO THE ONTARIO HOUSING

AUTHORITY FOR THE EMPORIA PHASE II AFFORDABLE HOUSING
PROJECT.

WHEREAS, the City of Ontario (“City”) has received the following funds from the State of California: California 2019 Budget Act Funds in the amount of $5,000,000, and Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $1,880,010.

WHEREAS, in addition, the City has collected Local In-Lieu Fees from developers in the amount of $4,619,990.

WHEREAS, the Authority has entered into a Disposition and Development Agreement (“DDA”) with Ontario Emporia II Housing Partners, L.P. (“Developer”) dated, for reference purposes, as of April 20, 2021, as subsequently amended, setting forth the terms for the transfer of the Property (as that term is defined in the DDA) to Developer and the development of a 50-unit affordable housing development (the “Development”).

WHEREAS, the City desires to develop and support affordable rental housing, and stabilize the community through the grant of the funds described herein.

WHEREAS, pursuant to that certain City Grant Agreement [Emporia Phase II Multifamily Development] (“Agreement”), dated, for reference purposes, as of April 20, 2021 the City originally extended to the Authority financial assistance in the form of a grant from the following funding sources, and in the following original sums: California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $736,015 and the Local In-Lieu Fees in the amount of $2,263,985 (“Original Grant”).

WHEREAS, the City and the Authority entered into a First Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] (“First Amendment”), dated February 15, 2022, to amend the amount of the Original Grant and increase it to a total sum of $10,000,000.

WHEREAS, the City desires to enter into a Second Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] (“Second Amendment”) to amend the amount of the Original Grant and increase it by an additional $1,500,000 in In- Lieu Fees due to increased construction costs, increased interest rates, and unforeseen costs for a vapor barrier for the Development.

WHEREAS, pursuant to the Second Amendment, the City desires to amend the amount of the Original Grant, and to provide the following amounts of financial assistance:
50 California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $1,880,010 and the Local In-Lieu Fees in the amount of $4,619,990 (“Grant”).

WHEREAS, the City desires to make the Grant in accordance with the terms and conditions set forth in the Agreement, as amended by the First Amendment and the Second Amendment, and Authority desires to receive the Grant from the City.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. Recitals. The above recitals are true and correct, and are incorporated into this Resolution by reference as though fully set forth herein.

SECTION 2. Approval of Second Amendment to City Grant Agreement [Emporia Phase II Multifamily Development]. The City Council hereby approves the Second Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] in the form on file at the Offices of the City.

SECTION 3. Authorization. The City Council hereby authorizes the City Manager (with the concurrence of the City Attorney) to execute and deliver on behalf of the City the Second Amendment, with such changes as may be authorized by the City Attorney, and such other documents and instruments as may be necessary or convenient in the furtherance of the actions authorized in this Resolution.

SECTION 4. Direction. City staff is hereby directed to do all that is necessary to effectuate the intent of this Resolution.

SECTION 5. CEQA Compliance. The City has determined that it can be seen with certainty that there is no possibility that approval of the actions authorized under this Resolution will have a significant adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 6. Certification. The City Clerk shall certify the adoption of this Resolution.

SECTION 7. Effective Date. This Resolution shall become effective upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
51 PASSED, APPROVED AND ADOPTED this 6th day of September 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
52 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
53 RESOLUTION NO. ________

A RESOLUTION OF THE ONTARIO HOUSING AUTHORITY APPROVING

THAT CERTAIN SECOND AMENDMENT TO CITY GRANT AGREEMENT
[EMPORIA PHASE II MULTIFAMILY DEVELOPMENT] CONCERNING

THE GRANT OF STATE AND DEVELOPER IN-LIEU FEE FUNDS TO THE

ONTARIO HOUSING AUTHORITY FOR THE EMPORIA PHASE II

AFFORDABLE HOUSING PROJECT
WHEREAS, the City of Ontario (“City”) has received the following funds from the State of California: California 2019 Budget Act Funds in the amount of $5,000,000, and Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $1,880,010.

WHEREAS, in addition, the City has collected Local In-Lieu Fees from developers in the amount of $4,619,990.

WHEREAS, the City desires to develop and support affordable rental housing, and stabilize the community through the grant of the funds described herein.

WHEREAS, pursuant to that certain City Grant Agreement [Emporia Phase II Multifamily Development] (“Agreement”), dated, for reference purposes, as of April 20, 2021, the City originally extended to the Authority financial assistance in the form of a grant from the following funding sources, and in the following original sums: California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local Housing Allocation Funds (SB2 funds) in the amount of $736,015 and the Local In-Lieu Fees in the amount of $2,263,985 (“Original Grant”).

WHEREAS, pursuant to the Second Amendment, the City desires to amend the amount of the Original Grant, and to provide the following amounts of financial assistance:

California 2019 Budget Act Funds in the amount of $5,000,000, the Permanent Local 54 Housing Allocation Funds (SB2 funds) in the amount of $1,880,010 and the Local In-Lieu Fees in the amount of $4,619,990 (“Grant”).

NOW, THEREFORE, BE IT RESOLVED by the Ontario Housing Authority as follows:

SECTION 1. Recitals. The above recitals are true and correct, and are incorporated into this Resolution by reference as though fully set forth herein.

SECTION 2. Approval of Second Amendment to City Grant Agreement [Emporia Phase II Multifamily Development]. The Authority hereby approves the Second Amendment to City Grant Agreement [Emporia Phase II Multifamily Development] in the form on file at the Offices of the Authority.

SECTION 3. Authorization. The Authority hereby authorizes the Executive Director (with the concurrence of the Authority Counsel) to execute and deliver on behalf of the Authority the Second Amendment, with such changes as may be authorized by the Authority Counsel, and such other documents and instruments as may be necessary or convenient in the furtherance of the actions authorized in this Resolution.

SECTION 4. Direction. Authority staff is hereby directed to do all that is necessary to effectuate the intent of this Resolution.

SECTION 5. CEQA Compliance. The Authority has determined that it can be seen with certainty that there is no possibility that approval of the actions authorized under this Resolution will have a significant adverse effect on the environment. Thus, the adoption of this Resolution is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines.

SECTION 6. Certification. The Authority Secretary shall certify the adoption of this Resolution.

SECTION 7. Effective Date. This Resolution shall become effective upon its adoption.

The Secretary of the Ontario Housing Authority shall certify as to the adoption of this Resolution.
55 PASSED, APPROVED, AND ADOPTED this 6th day of September 2022. _____________________________________
PAUL S. LEON, CHAIRMAN
ATTEST:
____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
APPROVED AS TO FORM:
____________________________________

AUTHORITY COUNSEL
56 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
___________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
57 Department: Planning
Prepared By: Luis Batres
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Charles Mercier, Rudy Zeledon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 11
SUBJECT:

A PUBLIC HEARING TO CONSIDER AN ORDINANCE FOR A PLANNED UNIT DEVELOPMENT (FILE NO. PUD20-001) TO ESTABLISH DEVELOPMENT STANDARDS,

DESIGN GUIDELINES, AND INFRASTRUCTURE REQUIREMENTS FOR THE DEVELOPMENT OF 0.81-ACRES OF LAND LOCATED AT 549 WEST HOLT

BOULEVARD

CITY OF ONTARIO
Agenda Report
September
6, 2022
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council introduce and waive further reading of an Ordinance approving a Planned Unit Development, File No. PUD20-001, establishing development standards, design guidelines, and infrastructure requirements to facilitate the development of a mixed-use project located at 549 West Holt Boulevard.

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:

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

The project site is composed of 0.81-acres of vacant land located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. Property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district and is developed with the Ontario Village Commercial Shopping Center. The property to the south is within the IL (Light Industrial) zoning district and is developed with a mix of industrial uses. The property to the east and west are within the MU- 1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and are developed with multi-tenant commercial uses.

The Ontario Plan Policy Plan (General Plan) designates the project area as Mixed-Use, permitting residential uses at a density of 25.0 to 75.0 du/ac and commercial development at an intensity of up to 2.0 FAR for oﬃce and retail developments. The Ontario Plan ("TOP") describes the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, oﬃce and residential uses 58 in a pedestrian friendly atmosphere. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed-Use District is also intended to provide new housing opportunities that will provide increased demand for retail at more concentrated, strategic locations. The densities and intensities of the Mixed-Use land use designation represented within TOP are the range 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 (PUD).

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

The purpose of the Roosevelt Tower PUD is to
implement TOP vision for the Downtown Mixed-Use Area as an intensive vertical and horizontal mixture of retail, oﬃce and residential uses in a pedestrian friendly atmosphere; to promote high standards in urban design; and to encourage the development of exceptionally high quality residential and commercial uses, while establishing regulations and standards for uses with special conditions and regulatory needs to ensure harmonious relationships with other surrounding land uses. The PUD will establishes the development standards, design guidelines and infrastructure to serve the site and to
facilitate the development of a mixed-use development project at a density of

72.8 dwelling units per acre. In conjunction with the PUD submittal, the applicant has submitted a Development Plan application (File No. PDEV20-009)
to construct a 5-story (three-stories of
residential units over two-stories of podium parking) 59 unit apartment project and 2,500 square feet of ﬁrst ﬂoor retail space. Consistent with the requirements of the MU-1 (Downtown Mixed-Use) zoning district, the proposed PUD allows for uses intended to encourage retail and commercial uses to service local residents, visitors and employees, and attract pedestrian traﬃc along Holt Boulevard. The development regulations set forth in the PUD will govern the placement, height, and bulk of permitted buildings and structures; establish locational criteria for vehicular access to the site; establish parking and loading requirements; and, establish landscape and sign standards.

On July 26, 2022, the Planning Commission conducted
a public hearing to consider the above-
described PUD and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission unanimously approved (7-0) Resolution No. PC22-037,
recommending that the City Council approve the PUD document and adopted Resolution No. PC22- 038 approving the Development Plan contingent on City Council approval of the PUD.

HOUSING ELEMENT COMPLIANCE: The project is consistent with the Housing Element of the Policy Plan (General Plan) component of TOP, 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 project site is located within the Airport Inﬂuence Area of the Ontario International Airport, and has been found to be consistent with the policies and criteria set forth within the Ontario International Airport Land Use Compatibility Plan.

ENVIRONMENTAL REVIEW: The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-Fill 59 Development) of the CEQA Guidelines, which consists of projects characterized as inﬁll developments, meeting the following conditions:
(a)
The Project is consistent with the applicable General Plan designation and all applicable General Plan policies, as well as with applicable zoning designation. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. The proposed project is consistent with all applicable Policy Plan (general plan) policies, as well as with the requirements of the Roosevelt Tower PUD, and applicable Development Code regulations;

(b)
The proposed development occurs within city limits on a project site of no more than ﬁve acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.81-acre of land, which is surrounded by established commercial land uses;

(c)
The Project site has no value as habitat for endangered, rare, or threatened species. The site is void of any ﬂora or fauna, was previously graded, and is regularly maintained to prevent the growth of weeds and grasses;

(d)
Approval of the project would not result in any signiﬁcant eﬀects relating to traﬃc, noise, air quality, or water quality. The proposed mixed-use development is similar to, and of no greater impact than other allowed residential uses and commercial development projects within the MU- 1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district; and

(e)
The site can be adequately served by all required utilities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste services. 60 Case Planner: Luis E. Batres Hearing Body Date Decision Action Planning Director
Approval:

DAB 7/6/22 Approval Recommend
PC 7/26/22 Recommend (PUD)
Final (PDEV)
Submittal Date: 4/13/20 CC 9/6/22 Final (PUD)
F
ILE NOS: PUD20-001 and PDEV20-009
SU
BJECT: A Planned Unit Development (File No. PUD20 -001) to establish development standards, design guidelines and infrastructure requirement for 0.81 -acres of land, in conjunction with a Development Plan (File No. PD EV20-009) to construct a mixed -use project consisting of 59 multiple -family dwellings (three-stories of residential units ) over two-stories of podium parking and 2,500 square feet of first floor retail space, on property located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district ; (APN: 1049-021-09) submitted by Kathy Huynh. City Council action required for PUD only.

PR
OPERTY OWNER: Roosevelt Property Management
R
ECOMMENDED ACTION: That the Planning Commission consider and 1) adopt the resolution recommending the City Council approve the Planned Unit Development, File No. PUD20-001, and 2) adopt the resolution approving the Development Plan, File No.

PDEV20-009, pursuant to the facts and reasons contained in the staff report and resolution, and subject to the departmental conditions of approval included as Attachment A to the
resolution.

P
ROJECT SETTING: The
project site is comprised of

0.81-acres of vacant land
located at 549 West Holt
Boulevard, within the MU -
1/LUA-3 (Downtown Mixed -
Use/Holt Boulevard ) zoning
district and is depicted in
Figure 1: Project Location
Map. The property is
relatively flat, with a gentle
slope to the southwest
corner of the site and is
covered with perennial
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
July 26, 2022

HOLT BOULEVARD

SAN ANTONIO AVENUE

VINE AVENUE

BROOKS STREET

BONITA COURT
Figure 1: Project Location

PROJECT SITE
N
Approval /
Approved
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grasses. The Project site is rectangular in shape, with a lot depth of approximately 270 feet and a lot width of 140 feet. The property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard ) zoning district and is currently developed with the Ontario Village C ommercial Shopping Center. The property to the south is within the IL (Light Industrial) land use district and is developed with a mix of industrial uses. The properties to the east and west are located within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard) zoning district and are developed with multi- tenant commercial buildings. The existing surrounding land uses, zoning, and general plan and specific plan land use designations are summarized in the “Surrounding Zoning & Land Uses” table located in the Technical Appendix of this report.

PROJECT ANALYSIS:

(1) Background — On April 13, 2020, the Applicant submitted a Planned Unit Development application (File No. PUD20 -001, Roosevelt Tower Planned Unit Development) that will establish the development standards, design guidelines , and infrastructure requirements for the Project site. In conjunction with the Planned Unit Development (“PUD”), the Applicant submitted a Development Plan (File No. PDEV20 - 009) application requesting approval to construct a mixed-use project consisting of 59 multiple-family dwellings and 2,500 square feet of retail space (four tenant spaces), and two levels of podium parking. Pursuit to the Ontario Development Code, the PUD requires approval by both the Planning Commission and City Council.

On July 6, 2022 , the Development Advisory Board (“DAB”) conducted a hea ring and unanimously voted to recommend that the Planning Commission approve the subject Development Plan (File No. PDEV20 -009). The DAB’s purv iew does not extend to the proposed Planned Unit Development.

(2) Planned Unit Development —The Ontario Plan Policy Plan ( general plan) designates the project area as Mixed-Use, permitting residential uses at a density of 25.0 to 75.0 du/ac, and a development intensity of up to 2.0 FAR for office and retail development. 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. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed-Use District is also intended to provide new housing opportunities that will also provide increased demand for retail in more concentrated, strategic locations.

The densities and intensities of the Mixed-Use land 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 PUD.

The Policy Plan specifies that the Downtown Mixed -Use Area is to be implemented through the approval of an Area Plan or PUD prior to the develo pment of properties within the area. In compliance with this requirement, the Applicant has submitted the “Roosevelt Tower Planned Unit Development ” (included as Attachment “A” to the 62 Planning Commission Staff Report
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attached 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:

• Promote high standards in urban design;
• Encourage the development of exceptionally high quality, mixed -use, while establishing regulations and standards for uses with unique regulatory and design needs; and
• Ensure harmonious relationships with surrounding land uses.

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.

(a) Land Use and Development Regulations — Consistent with the requirements of the MU -1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district, the “Roosevelt Tower Planned Unit Development” land use restrictions only permit commercial uses, or a mix of commercial and residential uses in the same building or on the same site, or stand-alone multiple -family projects. The maximum building height allowed is 75 feet. The minimum building setbacks allowed are two feet from the Holt Boulevard (north) property line, two feet from the Brooks Street (south) property line, and one-foot from the east and west property lines.

(b) Landscaping and Drainage — A conceptual landscape plan is required to be submitted with the Development Plan for construction of the project site. The plan will be required to specify all landscape and hardscape elements for the development plan site. Water conservation will 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 can be used to reduce heat gain on buildings, paving and parking areas. The land scape design shall meet the requirements of the Landscape Development Standards and shall create well-functioning spaces within a sustainable design. Trees along street frontages shall comply with the variety, size, and spacing as directed by the City of Ontario Master Street Tree Plan.

(c) Off-Street Parking and Circulation\Access — Parking, circulation, transit and infrastructure improvements will be provided as follows:

(i) Parking: Off-street parking is required to be provided on -site, at the rates required by the City of Ontario Development Cod e. No on -street parking will be allowed on Holt Boulevard, in front of the Project site. 63 Planning Commission Staff Report
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(ii) Circulation/Access: Vehicular access for the project site is provided at two points, including one 20 -foot-wide driveway on Holt Boulevard, at the northeast corner of the Project site , and one 20 -foot-wide driveway on Brooks Street, at the southeast corner of the Project site. After improvements are made from the West Valley Connector (“BRT”) Project, vehicular access from Holt Boulevard will be limited to right - in/right-out movements. Pedestrian connections to the project site will be provided from sidewalks within the PUD site.

(iii) Mass Transit: The PUD, a long with the future development entitlements for the site, will require the necessary infrastructure to serve the s ite and provide the necessary rights -of-way dedication s for street widening and to accommodate the future BRT line for the SBX West Valley Connector.

(iv) Street Improvements: The City of Ontario, as part of its street widening plan, and the developers of the PUD site, will be responsible to improve Holt Boulevard and Brooks Street to their ultimate widths. The proposed project will be required to dedicate 20 feet along the Project’s Holt Boulevard street frontage and two feet along the Project’s Brooks Street frontage.

(d) Architecture/Design Guidelines — The architectural design and details, outlined within the PUD, focus on the following elements:

• Appropriate scale and massing;
• Architectural style and design that are complementary and appropriate to its setting;
• 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; • Roof form; and
• Building entry design.

The PUD requires the architectural theme of the project area to be contemporary or a modern style that generally responds to the region’s climate, including such features as outdoor circulation, outdoor courtyards/plazas, recessed window frames, awnings, and decorative canopies/ trellises. Additionally, buildings are to be oriented toward Holt Boulevard, and incorporate entry elements, interesting architecture, enhanced materials, and a pedestrian scale, to provide connection between the development and the public street.

Due to the size and scale of the PUD area, all sides of the buildings will be visible from the public street. As such, appropriate massing becomes more important to maintain the human-scale of the development and create a visually pleasing environment. Bay windows, stepped buildings, height changes, and setback variations between stores help to break up large buildings, as well as indicate entries and store locations to customers.

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(3) Development Plan —In conjunction with the Planned Unit Development, the Applicant is requesting Development Plan approval (File No. PDEV20-009) to construct a mixed-use project consisting of 59 multiple-family dwellings (three -stories of residential units) over two-stories of podium parking and 2,500 square feet o f first floor retail space.

Staff has worked with the A pplicant to design a project that meets the goals and requirements of the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district, the Roosevelt Tower PUD, and the goals and policies of The Ontario Plan (“TOP”).

The project characteristics are described below:

(a) Site Design/Building Layout —The proposed building is set back five feet from the Holt Boulevard (north) property line, two feet from the Brooks Street (south) property line , and one -foot from the east and west property lines. The residential structures above the two stories of podium parking will be set back 17 feet from Holt Boulevard (north) property line, 18 feet from the Brooks Street (south) property line and a zero-setback has been provided along the east and west property lines.

The Project has been oriented in a north -south orientation, with the front of the building and primary building entrance facing Holt Boulevard. The rear of the building will face Brooks Street.

The building is proposed at five -stories in height (68 feet) , comprised of three-stories of residential units constructed over two -stories of podium parking. Additionally, 2,500 square feet of retail space has been incorporated into the building’s ground floor, facing the Project’s Holt Boulevard street frontage. The retail space is divided into four separate units ranging from 540 to 760 square feet in area (see Exhibits B—Site Plan and Exhibit C— Floor Plans, attached). The retail unit characteristics are shown in Table 1, below.

Table 1: Retail Unit Characteristics
Unit No. Area (in SF)
Unit 1 760
Unit 2 600
Unit 3 600
Unit 4 540

The Project has been designed with two points of vehicular access, one on Holt Boulevard (north) and the second on Brooks Street (south). Holt Boulevard will serve as the primary access point for both residential and commercial units . The residential parki ng area is gated, limiting access to residents only. Designated parking for the commercial component is located on the ground floor, immediately behind the four retail units (see Exhibit C—Floor Plans, attached).

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The Project is proposed at a residential density of 72.8 du/ac, consisting of 13 studio units, 30 one-bedroom units, and 16 two-bedroom units. The residential units range from 403 to 987 square feet in area. The residential unit characteristics are shown in Table 2, below.

Table 2: Residential Unit Characteristics
Plan No. Area (In SF) Total Units No. Bedrooms No. Baths U-1 403 13 Studio 1 bath
U-2 987 6 2-bedrooms 2 baths
U-3 804 3 2 bedrooms 1 bath
U-4 571 21 1 bedroom 1 bath
U-5 532 9 1 bedroom 1 bath
U-6 860 7 2 bedrooms 2 baths

(b) Site Access/Circulation — The project has been designed in conformance with the development regulations, standards and design g uidelines of the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and the Roosevelt Tower PUD. The project proposes two points of vehicular access. Primary access is provided from Holt Boulevard, at the northeast corner of the Project site. Secondary access is provided from Brooks Street, at the southeast corner of the Project site. Pedestrian access into the building is proposed at the northwest corner of the building, through a lobby with elevator access. Pedestrian access to the r etail units is proposed from the Holt Boulevard public sidewalk. Residential units will be accessed through interior corridors located on each floor. Emergency access stairs have been incorporated at all four corners of the building (see Exhibits B—Site Plan and Exhibit C—Floor Plans, attached).

(c) Parking —The project has been parked in accordance with the Ontario Development Code and the Roosevelt Tower PUD requirements. The Project’s total required number of off-street parking spaces is 12 7 and 128 off-street parking spaces have been provided, exceeding the minimum requirement . All required parking will be located within the first two floors of the 5-story structure. Parking was calculated as shown on Table 3, below.

Table 3: Off-Street Parking Requirements
Use Ratio
Area (in SF) or
No. Dwelling
Units (DUs)
Total Required Provided
Commercial 4 spaces/1,000 SF 2,500 SF 10 10
Studio 1.5 spaces/DU 13 DUs 19 19
One-Bedroom 1.75 spaces/DU 30 DUs 52 53 **
Two-Bedroom 2 spaces/DU 16 DUs 32 32
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Table 3: Off-Street Parking Requirements
Use Ratio
Area (in SF) or
No. Dwelling
Units (DUs)
Total Required Provided
Guest 1Portion DUs <50: 0.25 space/DU
Portion DUs 50 to 100: 0.2 space/DU
50 DUs
9 DUs 14 14
Total 127 128
Note: **14 residential parking spaces (12%) are tandem

(d) Architecture —The Project proposes a Contemporary Architectural Design, exemplifying the type of high -quality architecture promoted by the Ontario Development Code, The Ontario Plan, and the Roosevelt Tower PUD (see Figure 2 : Holt Boulevard Perspective , Figure 3: Brooks Street Perspective, and Exhibit E —Elevations, attached). The mass and scale of the build ing along the Holt Boulevard frontage will serve to establish an urban sensibility, as envision by the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district. Additionally, the varying stacked massing of the building, in combination with the articulated roof line, deep exterior wall insets, and the various story step-downs along the front of the building, provides visual inter est and helps soften the pe destrian interface between the building façade and the street frontage along both Holt Boulevard and Brooks Street.

Special attention was given to the use of color, finished materials, building form, massing, and the use of architectural details. This is exemplified through the use of:

• Articulation in the building’s roof lines;
• Focal architectural towers that have been incorporated at different heights to add interest;
• A variety of horizontal cement board siding;
• Concrete Masonry;
• Spandrel glass;
• Cantilevered balconies and decorative canopies at the third, fourth and fifth floors;
• Extensive vision glass at the first and second floors; • Exterior smooth stucco finish;
• Enhanced lighting fixtures;
• Front an d side facing decorative railings at the third, fourth and fifth floor balconies;
• Incorporation of contrasting exterior building colors to add interest; • Decorative aluminum storefront framing; and
• Deep insets and pop-outs (2.5 feet to 16 feet) at key areas of the building. 67 Planning Commission Staff Report
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Figure 3: Brooks Street Perspective
Figure 2: Holt Boulevard Perspective

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(e) Landscaping — The project exceeds the minimum landscape requirements established by the City’s Development Code and the Roosevelt Tower PUD (see Exhibit F—Landscape Plan and Exhibit G—Landscape Plan Perspective, attached). The project will provide an average of 66 square feet of private open space per unit (60 square feet minimum required), in the form of private balconies, and 251.5 square feet of common open space for each unit (250 square feet minimum required). The common open space (14,853 square feet) will be provided on the third floor (podium deck) of the proposed five-story building, which is fully landscaped and amenitized. The third floor includes an exercise room, entertainment area, restrooms, built -in barbecues and serving counters, rubberized play surface, a decorative steel shade structure, decorative pavers, wood decking, decorative masonry block raised planters, decorative benches, lounge seating, dining tables and chairs, several decorative umbrella shades, two play structures and ping pong tables. The Holt Boulevard and Brooks Street setback areas both feature decorative paving and decorative potted plants.

(f) Signage —The project is required to comply with the Ontario Development Code and the Roosevelt Tower s PUD. A sign program is required to be submitted for review and approval prior to any signs being installed on the property.

(g) Utilities (drainage, sewer ) —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 pollutan t transport by minimizing impervious surfaces and maximizes low impact development (“LID”) best management practices (“BMPs”), such as retention and infiltration, bio treatment, and evapotranspiration. The PWQMP proposes an underground infiltration system located beneath the podium parking structure along the south portion of the building. The system is designed to accept runoff from the building’s roof and third floor courtyard.

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;  Operate in a Businesslike Manner;
 Focus Resources in Ontario’s Commercial and Residential Neighborhoods; and
 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 d ecisions 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, an d foster the development of transit.

 LU1-6 Complete Community: We incor porate 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 visi tors 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 Compati bility: We require infrastructure to be aesthetically pleasing and in context with the community character.

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Housing Element:

 Goal H2: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.

 H2-5 Housing Design . We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices and other best practices.

 Goal H5: A full range of housing types and community services that meet the special housing needs for all individuals and families in Ontario, regardless of income level, age or other status.

 H5-2 Family Housing . We support the developme nt of larger rental apartments that are appropriate for families with children, including, as feasible, the provision of services, recreation and other amenities.

Community Economics Element:

 Goal CE1: A complete community that provides for all incomes and stages of life.

 CE1-6 Diversity of Housing. We collaborate with residents, housing providers and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to support our workforce, attract business and foster a balanced community.

 Goal CE2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.

 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.

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 CE2-5 Private Maintenance. We require adequate maintenance, upkeep, and i nvestment 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 . W e 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.

 CD2-1 Quality Architecture . We encourage all dev elopment projects to convey visual interest and character through:

• Building volume, massing, and height to provide appropriate scale and proportion;
• A t rue 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.

 CD2-2 Neighborhood Design. We create distinct residential neighborhoods 72 Planning Commission Staff Report
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that are functional, have a sense of community, emphasize livability and social interaction, and are uniquely identifiable places through such elements as:

• A pattern of smaller, walkable blocks that promote access, activity and safety;
• Variable setb acks and parcel sizes to accommodate a diversity of housing types;
• Traffic calming measures to slow traffic and promote walkability while maintaining acceptable fire protection and traffic flows; • Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and
• Landscaped parkways, with sidewalks separated from the curb.

 CD2-7 Sustainability. We collaborate with the development commu nity to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping and buildings to reduce energy demand through sol ar 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, an d 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 d irect users to various aspects of the development and complement the character of the structures.

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 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.

 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 b oth public and private property be coordinated and designed to maximize safety, comfort and aesthetics.

 CD3-2 Connectivity Between Streets, Sidewalks, Walkways and Plazas . We require landscaping and paving be used to optimize visual connectivity between streets, sidewalks, walkways and plazas for pedestrians.

 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 al l 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 74 Planning Commission Staff Report
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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 Sa n 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. Th e 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 t o the airport are included in th e conditions of approval provided with the attached Resolution.

(1) The Project is consistent with the applicable general plan designation and all applicable general plan policies , as well as with applicable zoning designation and regulations. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district. The proposed project is consistent with all applicable Policy Plan (general plan) policies, as well as with the requirements of the Roosevelt Tower PUD, and applicable Development Code regulations.

(2) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 0.81-acre of land, which is surrounded by established commercial land uses.

(3) The Project site has no value as habitat for endangered, rare, or threatened species. The site is void of any flora or fauna, was previously graded , and is regularly maintained to prevent the growth of weeds and grasses.

(4) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed mixed-use development is similar to, and of no greater impact than other allowed residential uses and commercial development projects within the MU-1/LUA-3 (Downtown Mixed -Use/Holt Boulevard District) zoning district.

(5) The site can be adequately served by all required utilities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste services.

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CONDITIONS OF APPROVAL: See attached department reports. 76 Planning Commission Staff Report
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TECHNICAL APPENDIX:

Surrounding Zoning and Land Use:

Existing Land Use General Plan
Designation Zoning Designation Specific Plan Land
Use
Site Vacant Land MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District) N/A
North
Ontario Village
Commercial Shopping
Center & Auto Smog
Shop
MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District)
N/A
South Industrial Industrial IL (Light Industrial) N/A
East Multi-Tenant
Commercial
MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District)
N/A
West Commercial MU
(Mixed-Use)
MU-1/LUA-3 (Downtown Mixed-
Use/Holt Boulevard District)
N/A

Off-Street Parking:

Use Ratio
Area (in SF) or
No. Dwelling
Units (DUs)
Total Required Provided
Commercial 4 spaces/1,000 SF 2,500 SF 10 10
Studio 1.5 spaces/DU 13 DUs 19 19
One-Bedroom 1.75 spaces/DU 30 DUs 52 53 **
Two-Bedroom 2 spaces/DU 16 DUs 32 32
Guest Portion DUs <50: 0.25 space/du
Portion DUs 50 to 100: 0.2 space/DU
50 DUs
9 DUs 14 14
Total 127 128
Note: **14 residential parking spaces (12%) are tandem

General Site & Building Statistics
Item Required Min./Max. Provided (Ranges) Meets
Y/N
Project area (in acres): 0.81 Acres 0.81 Acres Y
Maximum project density
(dwelling units/ac):

25.1 -75.0 du/ac 72.8 du/ac Y
Front yard setback (in FT): 2’ 5’ Y
Side yard setback (in FT): 1’ 1’ Y
Rear yard setback (in FT): 2’ 2’ Y
Maximum dwelling units: 59 59 Y
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Item Required Min./Max. Provided (Ranges) Meets
Y/N
Maximum height (in FT): 75’ 68’ Y
Parking – resident: 11 118 Y
Commercial -Parking 10 10 Y
Parking – guest: 14 14 Y
Open space – private: 60 sq. ft. 66 sq. ft. Y
Open space – common: 250 sq. ft. per unit 251.5 sq. ft. per unit Y

Dwelling Unit Statistics:

Plan No. Area (In SF) Total Units No. Bedrooms No. Baths Private Open Space (in FT)
U-1 403 13 Studio 1 bath 66
U-2 987 6 2-bedrooms 2 baths 66
U-3 804 3 2 bedrooms 1 bath 66
U-4 571 21 1 bedroom 1 bath 66
U-5 532 9 1 bedroom 1 bath 66
U-6 860 7 2 bedrooms 2 baths 66

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July 26, 2022

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Exhibit A—PROJECT LOCATION MAP
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Exhibit B—SITE PLAN
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Exhibit C—FLOOR PLANS
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Exhibit D—FLOOR PLANS
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Exhibit E—ELEVATIONS

Font Elevation - Holt Blvd.

Rear Elevation - Brooks Street
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Exhibit E—ELEVATIONS (Continued)
West Elevation
East Elevation
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Exhibit F— LANDSCAPE PLAN
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Exhibit G—LANDSCAPE PLAN PERSPECTIVES
86 RESOLUTION NO. PC22-037

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE FILE NO. PUD20-001, A PLANNED UNIT DEVELOPMENT
(ROOSEVELT TOWER PLANNED UNIT DEVELOPMENT) TO

ESTABLISH DEVELOPMENT STANDARDS, DESIGN GUIDELINES AND
INFRASTRUCTURE REQUIRMENTS ON 0.81 ACRES OF LAND
LOCATED AT 549 WEST HOLT BOULEVARD, WITHIN THE MU-1/LUA-3 (DOWNTOWN MIXED- USE/HOLT BOULEVARD) ZONING DISTRICT ,
AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1049-021-09.

WHEREAS, Kathy Huynh ("Applicant") has filed an Application for the approval of a Planned Unit Development , File No. P UD20-001, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and

WHEREAS, the Application applies to 0.81 acres of land located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district and the site is presently vacant land; and

WHEREAS, the property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district and is developed adjacent to the Ontario Village Commercial Shopping Center . The property to the south is within the IL (Light Industrial) zoning district and is developed with a mix of industrial uses . The property to the east and west are within the MU -1/LUA-3 (Downtown Mixed- Use/Holt Boulevard) zoning district and are developed with multi-tenant commercial uses; and

WHEREAS, in conjunction with the Planned Unit Development (Roosevelt Tower Planned Unit Development) application, the Applicant has submitted a Development Plan Application (File No. PDEV20-009) application to construct a mixed-use project consisting of 59 multiple- family dwellings (three -stories of residential units over two- stories of podium parking and 2,500 square feet of first floor retail space) on the Project site .

Approval of the Development Plan application will not be final and complete until the Roosevelt Tower Planned Unit Development, File No. PUD20- 001, has been approved by the City Council; and

WHEREAS, the Ontario Plan Policy Plan ( general plan) designates the Project area as MU (Mixed-Use). 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. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed Use is also intended to provide new housing opportunities that will also provide increased demand for retail in more concentrated, strategic locations. The densities and intensities of the mixed- use designation represented within The Ontario Plan ( “TOP”) are the intended level of anticipated 87 Planning Commission Resolution
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development; however, individual projects may vary depending upon an approved master plan, such as an area plan, specific plan, or planned unit development; 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”) prior to the development of properties within the area. In complia nce with this requirement, the A pplicant has submitted the “Roosevelt T ower Planned Unit Development” (included as “Attachment A” to this resolution), 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:
 Promote high standards in urban design;

 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;

 Ensure harmonious relationships with surrounding land uses; 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

WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make recommendation to the 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, 88 Planning Commission Resolution
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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 applie s 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 July 26, 2022 , the Planning 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 Commission of the City of Ontario, as follows:

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning 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 Commission, the Planning 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

(2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, In-Fill Development,) of the CEQA Guidelines , which consists of projects characterized as infill developments, meeting the following conditions:

a) The Project is consistent with the applicable general plan designation and all applicable general plan policies, as well as the applicable zoning designation and regulations. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU -1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) 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 Policy Plan (General Plan) component of the Ontario Plan.

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b) The proposed development occurs within city limits, on a Project site of no more than five acres and is substantially surrounded by urban uses . The Project site is 0.81-acres of land, located within the incorporated boundaries of the City of Ontario.

Furthermore, the site is situated within a fully urbanized area that is characterized by a mix of industrial and multi-tenant commercial developments.

c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is currently vacant land, with no value to endangered, rare or threatened species.

d) Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality. Conditions of approval have been imposed on the Project, which will mitigate any significant effects relating to traffic, noise, air quality, or water quality.

e) The Project can be adequately served by all required uti lities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste 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 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 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.

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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 Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ALUCP com patibility 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 Notificatio n Zones (ALUCP Map 2- 5). As a result, the Planning 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 Commission during the above- referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the Planning 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 Ontari o Plan. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) 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 PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City .

The Planning Commission has required certain safeguards , and impose d certain conditions of approval, which have been established to ensure that : [i] the purposes of the MU-1/LUA-3 (Downtown Mixed- Use/Holt Boulevard District) zoning district and the Roosevelt Tower PUD 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 vision, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard) zoning district and the Roosevelt Tower PUD.

(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 91 Planning Commission Resolution
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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. In addition, conditions of approval have been imposed on the Project , which will mitigate any significant effects relating to traffic, noise, air quality, or water quality.

(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, sh ape, 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 ri ght-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 P roject that are specifically related to the proposed Development Plan, File No. PDEV2 0-009, filed in conjunc tion with the PUD, including necessary building setbacks, site access points, off -street parking, site circulation, and architectural character.

SECTION 5: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVE 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 t o 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. 92 93
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ATTACHMENT A:

File No. PUD20-001
(Roosevelt Tower Planned Unit Development)

(Document to follow this page)
95 96
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 2 97
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 3 The Roosevelt T ower
Planned Unit Development
Table of Contents
1 – Introduction .............................................................................. 6 2 – Objectives ................................................................................. 9

2.1 – The Ontario Plan (TOP) Objectives............................................................... 9

2.2 – PUD District Purpose And Objectives ......................................................... 19 3 – Allowable Uses ......................................................................... 20

3.1 – Residential Use ........................................................................................................ 21

3.2 – Retail Use ................................................................................................................... 21

3.3 – Permitted Use Table/List .................................................................................... 21

4 – Development Regulations ...................................................... 26

4.1 – Residential Density ................................................................................................. 26

4.2 – Building Height ......................................................................................................... 27

4.3 – Setbacks ...................................................................................................................... 28

4.4 – Open Space Requirements ................................................................................. 31

4.5 – Parking Requirements ........................................................................................... 34

4.6 – Vehicular Access ...................................................................................................... 36

4.7 – Service Facilities ....................................................................................................... 38

4.8 – Landscaping ............................................................................................................... 40

4.9 – Screening .................................................................................................................... 47 5 – Circulation ................................................................................. 48

5.1 – Site Accessibility ...................................................................................................... 48

5.2 – Vehicular Circulation ............................................................................................. 48

5.3 – Pedestrian Circulation .......................................................................................... 48

5.4 – Integrated Waste Pickup Circulation ............................................................. 49 6 – Design Guidelines .................................................................... 54

6.1 – Building Orientation .............................................................................................. 54

6.2 – Architectural Character ....................................................................................... 57

6.3 – Massing and Scale ................................................................................................... 57

6.4 – Architectural Details ............................................................................................. 57

6.5 – Materials and Color ............................................................................................... 58

6.6 – On-Site Streetscapes and Pedestrian Walkways ...................................... 58

6.7 – On-Site Lighting ....................................................................................................... 58 Table of Contents
98 PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 4 6.8 – Signs .............................................................................................................................. 59

6.9 – Off-Site Improvements ......................................................................................... 59 7 – Infrastructures and Utilities .................................................. 61

7.1 – Infrastructure ............................................................................................................ 61

7.2 – Street Improvements ............................................................................................. 61

7.3 – Public Utilities ........................................................................................................... 62

7.4 - Street Dedication, Vacation and Easements ................................................ 62 8 – CEQA Compliance .................................................................. 67

8.1 – Environmental Performance Standard ........................................................... 67 9 – Administration .......................................................................... 70

9.1 – Items Not Addressed in PUD ........................................................................... 70

9.2 – Development Applications ................................................................................. 70

9.3 – Administrative Exceptions .................................................................................. 70

9.4 – Severability ................................................................................................................. 70 Exhibits
Exhibit 1-1: Vicinity Map .......................................................................................................... 5 Exhibit 1-2: Location Map ....................................................................................................... 6 Exhibit 1-3: Land Use Map ...................................................................................................... 7 Exhibit 1-4: Existing Site Map ................................................................................................. 8 Exhibit 1-5: Proposed Site Map ............................................................................................. 8 Exhibit 3-1: Land Use Plan ...................................................................................................... 20 Exhibit 4-1: Podium Diagram ................................................................................................. 26 Exhibit 4-2: Height Diagram ................................................................................................... 27 Exhibit 4-3: Setback Diagram ................................................................................................. 29 Exhibit 4-4: Projection Diagram ........................................................................................... 30 Exhibit 4-5: Private Open Space Diagram ........................................................................ 32 Exhibit 4-6: Common Open Space ..................................................................................... 33 Exhibit 4-7: On-Street Parking .............................................................................................. 36 Exhibit 4-8: Trash Enclosures Site Plan .............................................................................. 39 Exhibit 4-9: Colored Landscape Plan .................................................................................. 42 Exhibit 4-10: Holt Boulevard Planting Palette ................................................................. 43 Exhibit 4-11: Common Space Planting Palette ............................................................... 44 Exhibit 4-12: Brooks Street Planting Palette ................................................................... 45 Exhibit 4-13: Landscaping Rendering................................................................................... 46 Exhibit 5-1: Circulation Plan ................................................................................................... 53 Exhibit 6-1: Architectural Rendering .................................................................................. 55 Exhibit 6-2: Architectural Rendering .................................................................................. 55 Exhibit 6-3: Architectural Rendering .................................................................................. 56

Table of Contents
99 PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 5 Table of Contents
Exhibit 6-4: Architectural Rendering .................................................................................. 56 Exhibit 6-5: Streetscape Examples ...................................................................................... 60 Exhibit 7-1: Civil Plan ................................................................................................................ 63 E xhibit 7-2: Utility Plan ............................................................................................................. 64 Exhibit 7-3: Easement and Dedication Locations ......................................................... 65 Exhibit 7-4: Street Sections .................................................................................................... 66 Tables
Table 3-1: Permitted Use Table ............................................................................................ 22 Table 4-1: Minimum Building Setbacks .............................................................................. 28 Table 4-2: Maximum Encroachments into Building Setbacks .................................. 28 Table 4-3: Private Open Space .............................................................................................. 31 Table 4-4: Minimum Parking Requirements ..................................................................... 35 Exhibit 1-1: Vicinity Map
N
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1 – INTRODUCTION
T his 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 57-Unit Residential and Mixed-use Complex located at 549 W. Holt Boulevard in the City of Ontario. The development is a 5-story residential and retail complex bounded by Holt Avenue on its north side and Brooks Street at its south side (see Exhibit 1-2: Location Map).

T he 35,085 SF project site is located within the Ontario Plan Downtown Mixed-Use District (MU-1) which requires the establishment of a Planned Unit Development (PUD) prior to development. The Planned Unit Development (PUD) is set forth in the Ontario Development code section 4.01.030 (Planned Unit Development (PUD) and Amendments). Upon approval, this PUD will establish the land use and development standards for this particular project site.

The Roosevelt T ower on Holt Planned Unit Development (PUD) will replace the existing zone district designations and zoning standards that apply to the affected properties. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply.

Cit y staff and private developers shall rely on this PUD to determine whether precise plans for development will be adequate and will meet the City’s land use and design objectives.

Exhibit 1-2: Location Map
N
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 7 Introduction
Exhibit 1-3: Land Use Map: MU-1 (Mixed-Use Zone 1)
General Plan Land Use Designation: MU (Mixed-Use)
ZONE: MU-1 (Downtown Mixed-Use)
N
102
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 8 Exhibit 1-4: Existing Site Map
Introduction
Exhibit 1-5: Proposed Site Map

BROOKS STREET

BROOKS STREET
HOLT BLVD.

HOLT BLVD.

N. SAN ANTONIO AVE.

N
N

PROPOSED

PROJECT
SITE
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 9 2 – P.U.D. OBJECTIVES

2.1 – The Ontario Plan (TOP) Objectives
T he Ontario Plan, which includes the City’s General Plan, designates the project area as part of the Downtown Mixed Use District. The Downtown Mixed Use District designation requires approval of an Area Plan or Planned Unit Development to develop the property.

Additionally, the designation specifies a residential density range of 25.0 to 75.0 units per acre and a maximum floor area ratio (FAR) of 2.0 for office and retail uses.

T he intent of this designation is to:

1. Cr eate “an intensive vertical and horizontal mixture of residential and retail uses in a pedes trian friendly atmosphere;

2. Ensur e the historic character is enhanced when required or appropriate; and

3. Concent rate intensive Land uses on Holt Avenue.

T he Holt & Brooks 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 F ebruary 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 ac tion the City takes is done with the simple yet comprehensive theme in mind, from t he design quality of the built environment, to the intent of designing soc io-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 mor e), the City Council recognized that there are four components that serve as the ba sic building blocks that set the foundation for a unified and prosperous community.

These foundational blocks must be expressed and widely accepted throughout the Pla n’s lifetime. They are:

1. A Dyna mic Balance that enables our community to confront the continued dyna mic growth of the region and technological change with confidence and a sense of oppor tunity.

Objectives
104
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 10 2. A Pr osperous Economy that sustains the perception and reality of prosperity ac ross our entire community that positively impacts all the people of Ontario a nd is broadly - though not uniformly - shared.

3. Dis tinctive Development that integrates our varied and diverse focal points, dis tricts, villages, and neighborhoods to provide a feeling of coherence wit hout sacrificing uniqueness.

4. R ecognized Leadership in local governance that stimulates excellence and ser ves to unify the people of Ontario in support of best practices in conduc ting public endeavors.

Holt & B rooks PUD will implement the Ontario Vision in several ways that will f urther the City’s desire to be a sustainable and prosperous community.

DI STINCTIVE DEVELOPMENT
Commer cial and Residential Development

• T he PUD will support new multifamily developments and existing residential neighborhoods b y providing the increased demand for retail in more concent rated, strategic location (e.g., at major intersections) as intended for the Do wntown Mixed-Use Area.
• T he PUD will seek to ensure a mix of retail and commercial uses that will provide a va riety of goods and service to the surround community and the future Bus R apid Transit (BRT) users.

Design Qua lity
• T he PUD will require a well-designed projects that covey a visual interest and c haracter through:

Appr opriate scale and massing
Ar chitectural style and design that are complementary and appropriate to its setting.

T he use of high quality materials that will create visual interest, high quality, dura ble and appropriate for the architectural style.

Objectives
105
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 11 Appr opriate Site Planning to ensure building orientation visibility form t he street, adequate number of driveways and sidewalks. Building set backs, parking lot orientation, adequate refuse storage areas and well designed street frontages.

P ublic Safety
• T he PUD will ensure that proper exterior lighting standards be located and designed to minimiz e direct glare beyond the projects parking levels and into any f uture residential developments to the west and east of the project site. In addition, w orking with the Police Department, to ensure that all lighting standards comply wit h the one-foot candle illumination to provide a level of security and public saf ety within the project’s retail areas as well as in the existing commercial a reas adjacent to the project site.

2. P olicy Plan

L AND USE ELEMENT
L U1 Balance
Goa l LU1: A community that has a spectrum of housing types and price ranges that matc h the jobs in the City and that make it possible for people to live and work in Ont ario and maintain a quality of life.

T he PUD, through the development of retail and commercial uses, will help provide jobs to help suppor t the existing and new development within the sunounding area.

Polices:

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

T he PUD, along with the future development entitlements for the site, will r equire the necessary infrastructure to serve the site and provide the necessary right -of-ways dedication for street widening and to accommodate the future Bus R apid Transit (BRT) for the SBX West Valley Connector.

Objectives
106
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 12 • LU1-4 Mobility. We require development and urban design, where appropriate, that reduces reliance on the automobile and capitalizes on multi-modal transportation oppor tunities.

LU2 Compatibility

Goa l LU2: Compatibility between a wide range of uses.

T he PUD, through land use regulations for permitted uses, have ensured that those permit ted uses allowed within the PUD are compatible with the surrounding area and not a llow those uses that may have potential to create adverse impacts to the surrounding area.

Polices:
• LU2-I: Land Use Decisions: We minimize adverse impacts on adjacent properties when consider ing land use and zoning requests.

T he project area is zoned MU-2 (Downtown Mixed Use) and require t hat a PUD be implemented for the project area to establish the development s tandards, land use regulations and design guidelines. The permitted uses within PUD ha ve been established to provide retail and commercial uses to serve the surr ounding residential area. Careful consideration has been given to ensure that permit ted uses that may have potential to create adverse impacts to the surr ounding area are not allowed.
• LU2-2 Buffers. We require new uses to provide mitigation or buffers between existing uses wher e potential adverse impacts could occur.

T he PUD, through site planning, we will require the that future building developed on t he site shall be placed along the frontages of Holt Boulevard to keep a buffer bet ween the future residential development.
• LU2-4 Regulation of Nuisances. We regulate the location, concentration and oper ations of potential nuisances.

Objectives
107
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 13 T he permitted uses within PUD have been established to provide retail and commer cial uses to serve the surrounding residential area. Careful consideration ha s been given to ensure that permitted uses that may have potential to create adv erse impacts to the surrounding area are not allowed. Those uses with operations t hat may have potential to create nuisances, will require discretionary a pproval through the Conditional Use Permit process.
• LU2-5 Regulation of Uses. We regulate the location, concentration and operations of uses that have impac ts on surrounding land uses.

T he project area is zoned MU-1 (Downtown Mixed Use) and requires t hat a PUD be implemented for the project area to establish the development s tandards, land use regulations and design guidelines. The permitted uses within PUD ha ve been established to provide retail and commercial uses to serve the surr ounding residential area. Careful consideration has been given to ensure that permit ted uses that may have potential to create adverse impacts to the surr ounding area are not allowed.

LU3 Flexibility
Goa l LU3 Staff, regulations and processes that support and allow flexible response to conditions a nd circumstances in order to achieve the Vision.

T he Ontario Plan describes the Downtown Mixed Use Area as an intensive vertical and horiz ontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere.

T he historic character is enhanced. T o provide flexibility the densities and intensities of the mix ed use designation represented within TOP are the intended level of anticipated de velopment; however, individual projects may vary depending upon an approved master pla n, such as an area plan, specific plan, or planned unit development. The project area is z oned MU-1 (Downtown Mixed Use) and requires that a PUD be implemented f or the project area to establish the development standards, land use regulations and design guidelines.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 14 Policies:
• L U3-1 Development Standards. We maintain clear development standards which allow flexibilit y to achieve our Vision.

T o provide flexibility the densities and intensities of the mixed use designation r epresented within TOP are the intended level of anticipated development; ho wever, individual projects may vary depending upon an approved master plan, suc h as an area plan, specific plan, or planned unit development. The project area is z oned MU-1 (Downtown Mixed Use) and requires that a PUD be implemented f or the project area to establish the development standards, land use r egulations and design guidelines. The development standards within the PUD a re intended to ensure quality and appropriate development to achieve TOP V ision for well-designed projects that covey visual interest.

COMMUNITY ECONOMICS ELEMENT
CE1 Complete Communit y

Goa l CE1: A complete community that provides for all incomes and stages of life. The permit ted uses within PUD have been established to provide retail and commercial uses to ser ve the surrounding residential area and contribute to the City’s tax sales base.

CE2 Place -Making
Goa l CE2: A City of distinctive neighborhoods, districts, and conidors, where people c hoose to be.

T he PUD will seek to ensure a mix a retail and commercial uses that will provide a variety of goods a nd service to the surround community and the future Buss Rapid Transit (BRT) users . The PUD area will be distinctive through the requirement of a well-designed pr ojects that covey visual interest and character through:

► Appr opriate scale and massing.
► Ar chitectural style and design that are complementary and appropriate to for it s setting.
► T he use of high quality materials that will create visual interest, high quality, dura ble and appropriate for the architectural style.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 15 ► Appr opriate Site Planning that to ensure building orientation visibility form the s treet, adequate number of driveways and sidewalks. Building setbacks, parking lot orient ation, adequate refuse storage areas and well-designed street fr ontages.

MOB ILITY ELEMENT
M3 P ublic Transit
Goa l M3: A public transit system that is a viable alternative to automobile travel and meets ba sic transportation needs of the transit dependent.

T he PUD, along with the future development entitlements for the site, will require the necessa ry infrastructure to serve the site and provide the necessary right-of - ways dedic ation for street widening and to accommodate the future Bus Rapid Transit (BRT) f or the SBX West Valley Connector and bus stop along the frontage of Holt Boulevard.

COMMUNITY DESIGN
CD1 Image & Identit y

Goa l CD1: A dynamic, progressive city containing distinct neighborhoods and commercial dis tricts that foster a positive sense of identity and belonging among residents, visitors, a nd businesses.
• T o provide flexibility the densities and intensities of the mixed use designation r epresented within TOP are the intended level of anticipated development; how e ver, individual projects may vary depending upon an approved master plan, such a s an area plan, specific plan, or planned unit development. The project area is z oned MU-1 (Downtown Mixed Use) and requires that a PUD be implemented f or the project area to establish the development standards, land use r egulations and design guidelines. The development standards within the PUD a re intended to ensure quality and appropriate development to achieve TOP V ision for well-designed projects that covey visual interest.

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

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 16 T he entire project area is covered by the Ontario Plan Policy Plan (General Plan) a nd has been designated as mixed-use (Holt Boulevard) and as described in the Ont ario Plan Downtown Mixed-Use Growth Area. This PUD area will be dis tinctive through the requirement of a well-designed projects that convey visual inter est and character through:
► Appr opriate scale and massing.
► Ar chitectural style and design that are complementary and appropriate to it s setting.
► T he use of high quality materials that will create visual interest, high qua lity, durable and appropriate for the architectural style. ► Appr opriate Site Planning that to ensure building orientation visibility f orm the street, adequate number of driveways and sidewalks. Building set backs, parking lot orientation, adequate refuse storage areas and w ell designed s treet frontages.
• CD1-4 Transportation Corridors. We will enhance our major transportation cor ridors within the City through landscape, hardscape, signage and lighting.

T he PUD, along with the future development entitlements for the site, will r equire the necessary infrastructure to serve the site and provide the necessary right s-of-way dedications for street widening and to accommodate the future Bus R apid Transit (BRT) for the SBX west Valley Connector and any future bus stop site fr ontage along Holt Boulevard. In addition, the PUD will require adequate la ndscaping, hardscape, signage and lighting to the prominent areas along Holt Boule vard as well as the secondary face of the project along Brooks Street to the sout h of the project site.

CD2 Design Qua lity
Goa l CD2: A high level of design quality resulting in public spaces, streetscapes, and de velopments that are attractive, safe, functional and distinct.

Polices:
• CD2-l Quality Architecture. We encourage all development projects to convey visua l interest and character through:
• building v olume, massing, and height to provide appropriate scale and pr oportion;
Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 17 • a t rue architectural style which is carried out in plan, section and elevation t hrough all aspects of the building and site design and appropriate for it s setting; and
• ex terior building materials that are visually interesting, high quality, durable, a nd appropriate for the architectural style.

T he PUD area will be distinctive through the requirement of a well-designed pr ojects that covey visual interest and character through:
► Appr opriate scale and massing
► Ar chitectural style and design that are complementary and appropriate to f or its setting.
► T he use of high quality materials that will create visual interest, high qua lity, durable and appropriate for the architectural style. ► Appropriate Site Planning that to ensure building orientation visibility f orm the street, adequate number of driveways and sidewalks. Building set backs, parking lot orientation, adequate refuse storage areas and w ell designed s treet frontages.
• CD2-3 Commercial Centers. We desire commercial centers to be distinctive, pedestr ian friendly, functional and vibrant with a range of businesses, places to gather, and connec tivity to the neighborhoods they serve.

T he permitted uses within PUD have been established to provide retail and commer cial uses to serve the surrounding residential area. These retail and commer cial uses will be provided to the area currently lacking close access to a r etail center. The PUD will seek to capitalize on the location of the station by ensuring a mix a r etail and commercial uses business that will provide a variety of goods a nd service to the surround community and the future Buss Rapid Transit (B RT) users.
• CD2-5 Streetscapes. We design new and, when necessary, retrofit existing streets to impr ove walkability, bicycling and transit integration, strengthen connectivity, and enhance communit y identity through improvements to the public right of way such as sidewalk s, street trees, parkways, curbs, street lighting and street furniture.

Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 18 T he PUD, along with the future development entitlements for the site, will r equire the necessary infrastructure to serve the site and provide the necessary right -of - ways dedication for street widening and to accommodate the future Bus R apid Transit (BRT) for the SBX West Valley Connector. In addition, the future de velopment entitlements will require site improvements to the public right of wa y such as sidewalks, street trees, parkways, curbs, street lighting and street f urniture.
• CD2-9 Landscape Design. We encourage durable landscaping materials and designs that enhance the aesthe tics of structures, create and define public and private spaces , and provide shade and environmental benefits.

T he PUD development standards that landscape design, materials and will be used to enha nce 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 aesthe tically pleasing, safe and environmentally sensitive manner . Examples include shade trees, pervious surfaces, urban run-off cap ture and infiltration, and pedestrian paths to guide users through the parking field.

T he PUD development standards will ensure water conservation be provided t hrough low water using plant materials, hydro zones, water efficient irrigation a nd weather based controllers. Landscaped areas may be used for storm water infilt ration through vegetated swales, retention basins, or dry wells as needed wit h the use of appropriate planting materials. Broad canopy shade trees will be used to r educe heat gain on buildings, paving and parking areas.

3. Cit y Council Priorities
• In vest in the Growth and Evolution of the City’s Economy • Ma intain the Current High Level of Public Safety
• Operate in a B usinesslike Manner
• P ursue City’s Goals and Objectives by Working with Other Governmental A gencies
• F ocus Resources in Ontario’s Commercial and Residential Neighborhoods Objectives
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 19 • In vest in the City’s Infrastructure (Water, Streets, Sewers, Parks, Storm Dra ins and Public Facilities)
• Encourage , Provide or Support Enhanced Recreational, Educational, Cultural a nd Healthy City Programs, Policies and Activities
• Ensur e the Development of a Well Planned, Balanced, and Self-Sustaining Communit y in Ontario Ranch

2.2 – PUD District Purpose And Objectives
T he purpose of The Roosevelt T ower (PUD) is to secure a fuller realization of the general plan than that which would result from the application of present zone district regulations; to promote high standards in urban design; to encourage the development of exceptionally high quality residential and commercial uses, while establishing regulations and standards for uses with special conditions and regulatory needs to ensure harmonious relationships with other land uses.

T he intent of the PUD District is to:
• Pr omote development projects that are consistent with the land use/downtown r evitalization objectives of the City Redevelopment Project area. • Pr omote residential and community commercial uses to meet the needs of the pr ojects surroundings residential uses.
• Pr omote the plaza areas within the commercial center to providing for social interaction.
• Orient buildings to t he street, wherever possible to create an accessible urban edge a nd sense of arrival.
• Incorporate la ndscaping to enhance the environment.

Objectives
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3 – ALLOWABLE USES
T he project site is located within the Downtown Mixed Use Area Policy Plan (General Plan) land use district, and the MU-1 (Downtown Mixed-Use) zoning district, which implements the Downtown Mixed Use Area. The MU-1 zoning district is established to accommodate an intensive mixture of vertical and horizontal retail and office uses at a development intensity of up to 2.0 FAR, and residential uses at a density of 25 to 75 dwelling units per acre. Development projects within the MU-1 zoning district are intended to maintain a pedestrian friendly atmosphere, while at the same time enhancing the historic character of the area. The most intensive uses within this district are envisioned along Euclid Avenue and Holt Boulevard.

Consis tent with the intent of the Downtown Mixed Use Area and the MU-1 zoning district, the project site is designated for Multiple-Family Residential (MFR) land uses. Exhibit 3-1 (Land Use Plan), below, depicts the Planned Unit Development boundary and land use designation.

Exhibit 3-1: Land Use Plan
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3.1 – Residential Use
T he project site is proposed to be developed with high quality, multi-family housing units, either two or three levels over two levels of podium parking. The buildings will be a combination of podium-style stacked flat units, with parking beneath, and townhome style units, with first floor garage access.

3.2 – Retail Use
A s part of the mixed-use character of the project, a 2,740 SF retail component will be incorporated on the first level of the podium of the building. This total area is well within the 2.0 FAR allowed by city and is in line with the city’s vision for Holt Avenue to be an intensive vertical and horizontal mixture of retail, office, and residential uses, in a pedestrian friendly atmosphere.

3.3 – Permitted Use Table/List
Some of the permitted land uses within The Roosevelt T ower PUD are as follows:

1. Multiple -family dwellings;

2. R ecreation facilities ancillary to multiple-family residential development projects, for use by project residents and their guests, including, but not limited to, pools, spas, tennis cour ts, clubhouse or recreation building, playgrounds or tot lots, and other similar amenities appropriate to serve a multiple-family residential development project;

3. T emporary uses (as permitted within the residential districts of the City of Ontario De velopment Code subject to an Administrative Permit);

4. L easing/Administrative Office (for on-site property and facilities management only);

5. Motor v ehicle parking ancillary to a multiple-family residential development project; and

6. Ot her land use compatible with multiple-family residential development projects, as determined appropriate by the Zoning Administrator.
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Land Use MU-1
Commercial

EDUCATIONAL
Vocational/Trade Schools C
Private Schools

MEDICAL P
Animal Hospital/Veterinarian P
Ambulance Service (Office Only - No Storage of Vehicles) P Medical Office P

MEDICAL OFFICE/FAMILY CLINIC
Pharmacies and Drug Stores w/Drive-thru Facilities P
Industrial Clinic P

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

RETAIL/COMMERCIAL
Discount Variety Store P
Hobby, T oy and Game Store P
Home Appliance Store P
Jewelry Store P
Allowable Uses
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Land Use MU-1
Commercial
Luggage and Leather Goods P
Music and Video Stores P
Office Supply, Stationery and Gift Stores P
Pet and Pet Supply 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
Data Processing Services P
Photography Studio P
Photocopying and Duplicating Services P
Allowable Uses
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Land Use MU-1
Commercial

FINANCIAL SERVICES
Banks, Credit Unions and other Despository Institutions P Banks, Credit Unions and other Despository Institutions with Drive-thru (See Development Ordinance Section 9-101305 D)
C

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

REPAIR SERVICES
Computer, Home Electronics, and Small Home Appliances
(when ancillary to another use)
P
Electrical Equipment P
Jewelry and Watches/Clocks P
Locksmith/Key Shop P
Allowable Uses
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 25 “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 4.02.025 (Conditional Use Permits) of this 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.

Allowable Uses
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4 – DEVELOPMENT REGULATIONS

4.1 – Residential Density
R esidential density shall range from a minimum 25.0 to a maximum 75.0 dwelling units per acre.

A s part of the mixed-use character of the project, a 2,740 SF retail component will be incorporated on the first level of the podium of the building. This total area is well within the 2.0 FAR allowed by city and is in line with the city’s vision for Holt Avenue to be an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere.

T he small retail component of the project has also been incorporated to add convenience to the residents of the project and adjacent properties, help foster neighborhood cohesion, and reduce the need for vehicular traffic.

Exhibit 4-1: Front Elevation Retail Podium
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Exhibit 4-2: Height Diagram

4.2 – Building Height
No s tructure shall exceed 67’ 6” in height, except that the maximum height may be exceeded by roof mounted equipment, architectural projections, chimneys, elevator towers, parapet walls and any other roof top structures, by up to 10% of the allowed building height or as restricted by the Airport Height Constraints. No rooftop equipment shall be visible from anywhere on the project site, public streets, or adjacent properties, and shall be fully screened with appropriate architectural parapet walls or appropriate roof treatments. Roof- mounted equipment shall not exceed the height of the structures and appurtenances used to screen the equipment.
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4.3 – Setbacks
B uilding setbacks shall be as set forth in Table 4-1 (Minimum Building Setbacks), and shall comply with Exhibit 4-3 (Setback Diagram).

Setbacks Distance
Minimum Street Setbacks
Holt Boulevard
Brooks Street
2 Feet
2 Feet
Side Setback (East)
Side Setback (West)
1 foot provided
1 foot provided
Table 4-1: Minimum Building Setbacks
Cer tain types of features and equipment are allowed to encroach into the required setback areas in accordance with Table 4-2 (Encroachments into Setbacks) including but not limited to architectural projections, balconies, and underground utility structures such as electrical transformer vaults. Utility structures may encroach into the public right-of-way and/or public utility easement, subject to the approval of the City.

Projection Encroachment
Architectural Feature 1/2 of Required Setback
Patios/Porches 1/2 of Required Setback
Balconies (Occurs on 3rd and 4th Floors) 1/2 of Required Setback at 1st Floor; 3 Feet or More Allowed at 2nd or Higher Floors
Note: No projections may encroach into the storm drain easement Table 4-2: Maximum Encroachments Into Building Setbacks 123
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Exhibit 4-3: Setback Diagram
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Exhibit 4-4: Projection Diagram
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4.4 – Open Space Requirements
Open space sha ll be provided for passive and active recreation opportunities within the project site. T wo types of open space are required, private and common open space. These open space areas are for the use of the on-site residents and their guests. Required street set- back areas are not counted towards common open space requirements.

4.4.1 – Private Open Space
Private open space sha ll be provided for each residential unit in order to provide private outdoor areas which can be enjoyed for the exclusive use by the occupant of the residential unit and their guests. T ypes of areas considered private open space include balconies, decks, and enclosed patios and yards.

Private open space sha ll be provided for all residential units, and shall have direct access from each residential unit. Residential units shall have a minimum size of private open space as defined in Table 4-3 (Private Open Space). The space may be provided in multiple areas (e.g. two balconies, a yard and a balcony, etc.), as long as the total area of the spaces meets the minimum private open space requirement for the unit. The minimum dimension for private open space shall be no less than 6 feet in any direction.

Number Of Bedrooms Open Space
1 Bedroom 60 SF
2 Bedrooms 60 SF
3 Bedrooms 60 SF
F or multiple-family dwellings, private open space located at the dwelling’s main living level shall have a minimum contiguous clear area of 60 SF, with a minimum clear horizontal dimension of 7 FT and a minimum clear vertical dimension of 8 FT. Other open space areas located on bal- conies or roof decks shall have a minimum contiguous clear area of 50 SF, with a minimum clear horizontal dimension of 6 FT and a minimum clear vertical dimension of 8 FT.

Table 4-3: Private Open Space
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Exhibit 4-5: Private Open Space Diagram
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4.4.2 – Common Open Space
Common open space of 150 squa re feet min, per unit will be required and shall be provided to allow for both passive and active types of recreation, along with site landscape amenities. These areas are for use by project residents and their guests, and may include indoor recreational facilities. Recreational facilities provided pursuant to Section 4.4.3 shall be provided in common open space areas. The amount of required common open space is based on the number of dwellings developed, and shall be provided at the rate of 235 square feet of common open space for each dwelling unit.

Ar eas not considered common open space include: [1] parking lots; [2] walkways along or between buildings; [3] parking lot landscaping; [4] street setback areas; and [5] other areas not intended for active or passive recreation.

Exhibit 4-6: Common Open Space
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4.4.3 – Recreational Facilities
Access to r ecreational facilities is important in multiple-family residential projects, as they provide needed facilities for the residents of the community. These facilities shall be centrally located on the site, making the facilities accessible to all project residents A total of at least three recreational facilities (indoor or outdoor) shall be provided on-site. The facilities can be comprised of a combination of both similar and different recreational facilities to meet the recreational facilities requirement (e.g. two pools and one playground or one clubhouse, one pool, and one tot lot, etc.). Recreational facilities may be indoor or outdoor, and may include: [1] clubhouses; [2] pools; [3] community buildings; [4] playgrounds or tot lots; and [5] other indoor or outdoor recreational facilities deemed appropriate by the City. All recreational facilities shall be for the exclusive use of project residents and their guests.

4.5 – Parking Requirements

4.5.1 – On-Site Resident Parking Requirements
T he number of parking spaces shall be provided based on the number of bedrooms contained within each dwelling unit, and is subject to the following requirements:
• All r equired resident parking spaces shall be provided on-site; • Eac h dwelling shall have at least one reserved parking space that is clearly marked; • R eserved parking spaces shall be located within 150 feet of the dwelling it serves; • A t least one covered parking space shall be provided for each dwelling. This can be achieved through use of garages, carports, or tuck-under parking; • R esident’s assigned parking space(s) shall be used for the parking of occupant’s operable automobile(s), only;
• T andem parking is allowed but subject to review;
• R equired guest parking spaces shall be provided on-site. • P arking for dwellings shall be provided on-site, pursuant to the requirements of T able 4-4 (Minimum Parking Requirements), this can be included on the leasing contract. 129
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 35 Development Regulations
Use Parking Spaces
Multi-Family Dwellings:

Studio

One-Bedroom Unit

T wo Bedroom Unit

*No Three Bedrooms for this project

1.50 spaces per dwelling
(at least one space shall be in a garage, carport, or
parking structure)

1.75 spaces per dwelling
(at least one space shall be in a garage, carport, or
parking structure)

2.0 spaces per dwelling
(at least one space shall be in a garage, carport, or
parking structure)
Guest Parking 1 space per every 5 units
Commercial/Retail 1.0 space per 250 square feet

4.5.2 – On-St reet Guest Parking Requirements
Guest-parking must be provided on-site.
• On-s treet parking may be allowed to satisfy guest parking requirements only but shall not be counted to wards the number of guests parking the code requires. • On-s treet parking shall only be designated along Brooks Street, the public street along t he south side of the development site. No on-street parking will be allowed along Holt Boule vard and on any other areas deemed by the City Engineer, specially on s treet corners where sight distance are required.

4.5.3 – P arking Standards
All pa rking space size and location requirements shall conform to the standards set forth in Section 6.03.045 (Off-Street Parking Standards) of the Ontario Development Code.

Table 4-4: Minimum Parking Requirements
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4.6 – Vehicular Access
V ehicular access to the site is permitted from Holt Boulevard and Brooks Street. After improvements are made from the West Valley Connector (BRT) Project, vehicular access from Holt Boulevard will be limited to right-in/right-out.

Exhibit 4-7: On-Street Parking
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4.6.1 – V ehicle Circulation
T he city of Ontario, as part of its intersection widening plan, and the developers of the PUD site shall be responsible to improve Holt Boulevard and Brooks Street to their ultimate widths. These streets will provide vehicular access to the site.

4.6.2 – P edestrian Connections
P edestrian 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 to connect all of the commercial developments.

4.6.3 – St reet Dedications and Easements
T he developers shall dedicate right-of-way along all street frontages as necessary to in - crease the right-of-way to ultimate width, including corner cutbacks per City Standard Drawing No. 1301. Additionally, developers shall adhere to the Proposed Holt Blvd and Brooks Street Widening Improvements R/W Requirements. The ultimate widths surrounding the PUD are as follows:

Holt Boule vard - up to 60’ half width
B rooks Street - up to 30’ half width

4.6.4 – Public Right -Of-Way Improvements
T he public right-of-way shall be improved with each proposed development. The public right-of-way improvements required are to include, but are not limited to the following: street pavement, curb & gutter, parkway landscaping, parkway irrigation, public sidewalk, traffic signing and striping, street lights, 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 particular development. The city may do some or all of the improvements as part of its Proposed Holt Blvd and Brooks Street Widening Improvements.
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4.7 – Service Facilities
• L oading/unloading for residential and commercial uses and trash pickup service shall be limited to on-site private driv e aisles. Location, signage, and any hourly restrictions to be imposed on suc h areas, shall be subject to approval by the City. • On-s treet loading shall be prohibited.
• T he number of enclosures, and their precise locations, dimensions, and design shall be pr ovided consistent with City standards.
• T rash enclosures shall be designed to contain separate containers for the collection of r efuse and recyclable materials, with an adequate number of containers provided to allow for the collection of both refuse and recyclable materials generated by the de velopment, pursuant to standards established by the Ontario Municipal Utilities Compa ny. (See Exhibit 4.7: Trash Enclosures Site Plan) • T rash enclosures shall meet the minimum design standards depicted in the standard drawings adopted by the City, which shall include: [1] a minimum 6-FT high decorative masonry wall, with appropriate view-obstructing gates for container access, [2] separate pedestrian access that is designed to screen the interior of the enclosure from view from the exterior and prevent refuse dispersion, and [3] a decorative overhead roof structure to protect bins containing recyclable materials from adverse environmental conditions, which might render the collected materials unusable, and screen trash bins from view of the upper floors of adjacent dwellings. Furthermore, trash enclosures shall be architecturally enhanced, and shall be consistent with the architectural design of adjacent buildings.
• T rash enclosure dimensions shall be of adequate size to accommodate containers consis tent with the City’s current methods of collection within the area in which the pr oject is located.
• Signs c learly identifying all recycling and refuse collection areas, and the materials accepted for recycling shall be posted adjacent to all points of access to each trash enclosure.
• T rash enclosures shall be located on site within the boundary of the project site. • P articular care shall be given when placing trash enclosures immediately adjacent to dwelling units; however, no trash enclosure shall be located within 10 feet of the livable portion of a structure.
• T rash enclosures shall be bordered by a minimum 5-foot high concrete wall on all exposed sides , excluding the side with bin access gates. • All ser vice facilities shall be screened in accordance with Section 4.9 (Screening) of this Planned Unit Development.
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Exhibit 4-8: Trash Enclosures Site Plan
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4.8 – Landscaping
The site design at Roosevelt Towers includes a diverse palette of drought tolerant native and adapted plants selected to provide a low maintenance and colorful landscape while also meeting the challenging requirements of planting on structure.

The building frontage along Holt Avenue consists of a 4’ wide parkway planted with Ev- ergreen Ash trees and a low groundcover of Dwarf Coyote Brush. Setback from the sidewalk are a series of large rectangular planting areas, approximately 150sf each, configured within the building module, allowing views and access to the future retail facades. These large planter areas contain a variety of low water groundcovers with native deciduous Western Redbud trees (tri- angulated with the Evergreen Ash). The hardscape in this area consists of standard grey concrete along the public sidewalk with integral colored sand finish concrete along the building façade and between planters. Decorative paving and hardscape within the 20' dedication shall be maintained by the property owner.

Along Brooks Street the same Baccharis groundcover runs along the parkway with Podo- carpus henkelii as the street tree. Larger foundation shrubs such as Sweet Bay and New Zealand Flax soften the façade and provide screening to utilities in this area.

4.8.1 – Site Landscaping
A conceptual landscape and irrigation plan shall be submitted along with the Development Plan for this Planned Unit Development. The plan shall specify all landscaping and hardscape for the entire project site. Detailed Landscape and Irrigation Plans shall be required prior to the issuance of building permits. The detailed plans shall show location of ground mounted utility boxes and equipment, along with the methods of screening for these items from the public right-of-way and adjacent residences where possible. The irrigation system shall be designed to utilize recycled water pursuant to State and local codes, ordinances, and laws, and applicable building and plumbing codes.

The landscape and irrigation plan shall be designed with water conservation in mind, utilizing “California friendly” species and drought tolerant planting materials. The landscaping and irrigation shall comply with AB 1881, and all other laws and regulations related to planting materials. All trees that are to remain on-site shall be properly protected in place during con- struction to ensure tree health is preserved.

Tree plantings along the Brooks Street storm drain easement shall be restricted to those species allowed by the San Bernardino Flood Control District. 135
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4.8.2 – Planting Palette
The planting palette shall be comprised of “California friendly” drought tolerant planting materials compatible with the overall architectural style of the Planned Unit Development. The following palette has been established to meet the needs of this Planned Unit Development:

4.8.3 – Common and Open Space L andscaping
The 3rd floor contains a variety of spaces, with landscaping acting as an organizing feature while still providing screening, softening, color, beauty, and shade.

As one approaches the main public amenity space through the central corridor a row of potted Dwarf Olives sits in a bed of low green planters which carries the eye through the space and also bisects the space into two smaller zones. At the terminus of this view is one of 3 spec- imen Ficus trees sitting in an 8’ x 12’ x 42” high raised planter, providing ample space for root structure. T o the north of the olive row is the Children’s Play Area, a 26’ x 52’ semi contained area with two play structures, wood bench seating, umbrellas for shade, and a small turf area for flexible play.

T o the south, adjacent to the gymnasium, is a flexible open space for exercise, yoga, or small recreational games such as table tennis. Heading east is a large 26’ x 40’ shade structure above a flexible dining and lounge space including two BBQ cooking stations. This shade struc- ture partially expands to the east to cover a long wood (or composite) deck seating area.

The planting areas in and around the 3rd floor amenity space can be divided into 3 groups. The first group are the series of “built in” raised planters. These contain the 3 Ficus trees, and also run along the north and south edge of the public amenity space. The longer planters would sit at 42” height, and contain a mix plants including Dwarf Bottlebrush, Sage, and Coast Rosemary.

The second category is the series of narrow linear planters that are used for screening the res- idences while softening the building façade. These would be “off the shelf” rectangular planters, potentially lightweight precast concrete or fiberglass, containing upright plants for screening such as Sweet Bay or Bamboo. Finally, the last group includes low profile green tray plantings. These would be of medium depth, approximately 8”, and may be contract grown ahead of time to pro- vide an immediate impact on day one. Species may include sedums, low ornamental grasses, and other small succulents.

All planting a reas on the 3rd floor will be connected to the buildings irrigation system, and appropriately plumbed for drainage.
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Exhibit 4-9: Colored Landscape Plan
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Exhibit 4-10: Holt Boulevard Planting Palette
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Exhibit 4-11: Common Space 3rd Floor Planting Palette
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Exhibit 4-12: Brooks Street Planting Palette
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Exhibit 4-13: Landscape Rendering
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4.8.4 – Parking Lot Landscaping
Parking lot landscaping shall be provided pursuant to Subsection D (Landscaping of Off-Street Parking Facilities) of Ontario Development Code Section 6.05.030 (Required Landscape Areas).

4.8.5 – Compliance wit h State and Federal Laws
Provide landscaping and an irrigation system, which promotes the conservation of water as required by the Water Conservation in Landscaping Act of 2006 (AB 1881), commencing with California Government Code Section 65591.

4.9 – Screening
• All roof and ground mounted mechanical equipment shall be screened pursuant to the requirements of the Ontario Development Code.
• Trash enclosures shall be screened with enclosures that are architecturally compatible with the surrounding buildings.
• Screening shall include plant and building materials compatible with the project design so it is well integrated and hidden within the project area. • Building and plant materials used for screening shall be compatible with the architectural style and planting palette used on the project area.
• All ground level screening shall comply with the requirements of Ontario Development Code Section 6.02.030 (Pr otection of Intersection Visibility).

4.9.1 – Fences, Walls, and Hedges
Fences, walls, and hedges shall comply with Section 6.02.030 (Protection of Intersection Visibility) of the Ontario Development Code, Engineering Department corner sight distance standards, and all other applicable city standards. Fences and walls shall be made of decorative materials that are compatible with, or enhance, the overall architectural character of the project.

All fences, walls, and hedges shall be in scale with the development, and shall be used for screening, site enhancement, and creating a safer living environment for residents and their guests. All decorative walls, monuments, and/or other similar features, shall not encroach in to the public street right-of-way.
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5 – CIRCULATION

5.1 – Site Accessibility
T he site shall be designed to promote safety for residents by only allowing limited vehicular and pedestrian access into and across the site. This can be done through building orientation and placement, to minimize the use of gates and fencing; however, amenities shall be properly gated, limiting access to residents and their guests.

5.2 – Vehicular Circulation
T he project site shall be designed to reduce the number of dead end aisles in the parking lot areas, and provide all guest parking outside of gated areas (on site) to ensure accessibility. Location of drive aisles and entries shall be approved by the City. Vehicular circula- tion shall be designed in a way that promotes pedestrian safety and proper access to all parking areas.

5.3 – Pedestrian Circulation
Site design sha ll provide for safe pedestrian circulation across the project site by separating pedestrian areas from areas with vehicular access. This includes, but is not limited to, accessibility from parking lot areas to unit entries, site amenities, and perimeter sidewalk areas.

Fencing and gates may be used to limit public access to resident-only areas.

T he 20’ street-dedication on Holt Boulevard provides a unique opportunity to create a pedestrian promenade that will connect residential foot traffic between residential units, park- ing, and community spaces throughout the site. The space shall be welcoming and designed with landscape features that help define the walking path across the project area. Since no vehicular traffic will be allowed on this widened sidewalk, it is expected that pedestrians will be able to walk safely along the exterior area of the development where retail amenity area also located.

Lighting a nd visibility for enhanced security shall be taken into consideration in designing this area, and shall be compatible with the architectural theme. Buildings shall have windows that look on to this open space area to enhance the views of the residences and help create defensible spaces.
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5.4 – Integrated Waste Pickup Circulation
The use of scouting trash pickup service since 32 foot trash pickup truck will not be able to access the site and indicate where the staging of the six bins on the adjacent street, Brooks Street for the two trash enclosures will be on trash pickup day. Integrated Waste Management Report (IWMR) requirements:

The IWMR shall meet the following minimum requirements:

The Integrated Waste Management Report shall address the management of all integrated waste (Refuse, Recycling, Organics, etc.) including, but not limited to: types of waste generated, a mount of waste expected and the corresponding sizing of receptacles, all waste diversions, all staging and collection operations, any use of private haulers, and the property management regulations and practices for the site.

The IWMR shall demonstrate compliance with the latest version of the City’s Integrated Wa ste Planning Manual (available online at: http://www.ontarioca.gov/govern ment-departments-municipal-utilities-company/integrated-waste) as well as the applicable State regulations and shall contain, at a minimum, the following elements:

1. A discussion on the t ypes of waste generated (refuse, recycling, green waste, organics , etc.) by all uses on the site and the generation rates and total waste for each t ype. If a final use is not known the applicant shall make a reasonable assumption of t he land use expected or proceed as directed by the City.

2. A discussion on pre -treatment if the project will be required to use and install pre -treatment devices or services and an exhibit showing and labeling the location of t he pre-treatment devices.

3. A discussion on the t ypes of City Services that will be utilized and the sizing and number of recept acles (Bins, Compactors, etc.)

4. A discussion on was te that is diverted and the diversion services that will be used.

5. A ta ble utilizing the metrics on Page 8 of the Planning Manual and calculating the volume ( gallons or cubic yards), quantity, and service schedule for each type of ca n and bin required for each Service Category (refuse, recycled, etc.). The table shall inc lude all waste that is diverted and the diversion service(s).

6. An exhibit(s ) showing layout and architectural details for enclosures, compactors , roll-offs and non-standard containers proposed by the project.

Include spec ification “cut” sheets for non-standard containers. 144
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7. A discussion on t he staging and collection operation and an exhibit identifying t hese locations on the site and any other relevant details. The discussion shall addr ess circulation, accessibility, ingress, egress, pavement type, parking, the role of t he property management association, and the role of private haulers or scouting ser vices.

8. A discussion on private haulers describing their services and supplying the na mes, contact information, and City of Ontario Commercial Recycler Collec tion Permit numbers for each hauler. The discussion shall include an exhibit sho wing the staging and collection areas for private haulers.

Note: All private t hird party organics and recycling haulers shall be formally a pproved and permitted by the City of Ontario and shall meet City Code r equirements, otherwise the City shall provide the collection services. If the t hird party haulers do not have a City of Ontario Commercial Recycler Collec tion Permit, the discussion shall state whether the third party hauler is c harging a fee for service or not.

9. A discussion on the proposed property management association, their role in t he integrated waste management plan for the site and the by-laws and r egulations that relate to integrated waste (no parking, solid waste collection da y coordination, enforcement of the SWHP, etc.).

10. A discussion on a ny variances that are requested and the need for the variance a long with any relevant exhibits.

11. Appendix : A copy of the Final Solid Waste Handling Plan (See City SWHP r equirements).

12. Appendix : All exhibits and standard plans proposed for the project.

13. Appendix : A copy of the proposed association by-laws and regulations.

14. Appendix : A copy of the final Integrated Waste Variance Form (if a variance is r equested).

Solid Waste Handling Plan (SWHP) requirements:

T he SWHP shall meet, at a minimum, the following requirements:

1. S WHP Content and Format: The Solid Waste Handling Plan shall demonstrate complia nce with the Services Standards in the City’s Solid Waste Planning Ma nual (available online at: http://www.ontarioca.gov/government-depart ment s-municipal-utilities-company/integrated-waste) and shall contain, at a minimum, t he following elements:

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a. A st atement identifying the Service Requirements being used (e.g. Single Fa mily Detached with automated cans, Multi-family/Commercial/Industrial with bins a nd enclosures, etc.) and describing the solid waste handling operation (f or instance, will there be scouting services, etc.). b. A ta ble utilizing the metrics on Page 8 of the Planning Manual and ca lculating the volume (gallons or cubic yards), quantity, and service schedule f or each type of can and bin required for each Service Category (r efuse, recycled, etc.).
c. An Engineering Site Plan dra wn to scale that shows:
i. Minimum plan sc ale of scale of 1:100. Larger scales are preferred and should be sc aled to fill the sheet and show as much detail as clea rly as possible on one sheet; multiple sheets may be used if entire pr oject area cannot fit on one sheet at 1:100 scale. ii. A deta il of the Solid Waste Vehicle with dimensions and annotation that s tates the minimum turning radii and path of travel widths actua lly being used on the plan.
iii. The Solid W aste Vehicle turning movements and paths of travel in each dir ection of travel and at all intersections. All paths of travel shall be 15 f eet wide minimum.
iv . All parking stalls and parallel parking spaces along all streets, alleys, or aisles .
v. All proposed curbs a nd areas designated and striped/signed as “No P arking”.
vi. All proposed t rash enclosures and the ADA paths of travel from the buildings .
vii. A deta il for each enclosure footprint delineating the number and size of t he bins in order to demonstrate that the enclosure is adequately sized a nd oriented, if enclosures and bins are proposed .
viii. All proposed loc ations of automated cans shown as a 26-inch by 26-inch c an pad with 20-inches between can pads and 40-inches betw een can pads and Parking spaces, mailboxes and other obst ructions (Can Collection Area). Can Collection Areas shall be located a long designated paths of travel and cannot be located a long dead end alleys, motor courts, driveways, or private st reets; use multi-family standards for enclosures in these cases. 146
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2. Can Collec tion Area (CCA) Locations: If CCAs are being proposed in lieu of bin enclosur es for residential units located along dead end alleys, motor courts, drivewa ys, or private streets, then the SWHP shall comply with the following requir ements:
a. CC As cannot conflict or compete with potential parking areas.

Proposed C CAs must be designated as “no parking” at all times with appr opriate striping and signage.
b. Each r esidential unit must have a designated CCA and each CCA must delineated with ma rkings so that its location and the unit it is designated for a re easily identifiable.
c. Solid Wa ste Handling Plan shall include a detail showing how the CCAs will be delineated and identifia ble.

3. Private Thir d Party Hauler: If any Solid Waste Collections are going to be pro vided by a private third party hauler, include on the SWHP:
a. A st atement describing the service.
b. The na mes, contact information, and City of Ontario Commercial Rec ycler Collection Permit numbers of all private third party haulers.

Note: all private t hird party organics and recycling haulers must be forma lly approved and permitted by the City of Ontario and meet City Code requir ements, otherwise the City must provide the collection services . If the third party haulers do not have a City of Ontario Commerc ial Recycler Collection Permit, state if the third party hauler is cha rging a fee for service.
c. Show & la bel staging and collection areas for private third party haulers. 147
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Exhibit 5-1: Circulation Plan
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6 – DESIGN GUIDELINES
T he entire project area is covered by the Ontario Plan Policy Plan (General Plan) and has been designated as mixed-use (Holt Boulevard) and as described in the Ontario Plan Downtown Mixed-Use Growth Area. This PUD area will be distinctive through the requirement of a well-designed projects that convey visual interest and character through:
► Appr opriate scale and massing.
► Ar chitectural style and design that are complementary and appropriate to its setting. ► T he use of high quality materials that will create visual interest, high quality, durable a nd appropriate for the architectural style.
► Appr opriate Site Planning to ensure building orientation visibility from the street, adequate number of driv eways and sidewalks. Building setbacks, parking lot orientation, adequate r efuse storage areas and well designed s treet frontages.

6.1 – Building Orientation
B uilding orientation shall be designed to minimize noise impacts, aide in providing property site safety, create proper accessibility to site amenities and parking, and to maximize views from residential units. Design should also be done in a way to create defensible spaces improving site safety.
• Orient ation towards the exterior of the project area shall be carefully evaluated to ensure a pr oper relationship.
• B uildings shall be clustered in a way that creates defensible spaces providing views of interior open spaces a nd amenities. For units without garage spaces buildings shall be oriented to c reate minimal distances from assigned parking spaces to primary or seconda ry residential unit entries.
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The proposed development units was set-backed 2’ on Holt Blvd and 2’ on Brooks St both streets to form a strong retail and parking podium development adding a more interesting dimensional form to the architecture. The overall look if the development is to appeal to the younger demographics of the city. A sample rendering shown below:

Exhibit 6-1: Architectural Elevations
North Elevation
South Elevation
Exhibit 6-2: Architectural Elevations
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Exhibit 6-3: Architectural Rendering
North Perspective
South Perspective
Exhibit 6-4: Architectural Rendering
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6.2 – Architectural Character
The Roosevelt T ower design leans toward Contemporary and Modern Minimalist Style.

The design will make use of smooth cement plaster exterior finishes, simple square glazed window and storefront openings and decorative metal canopies throughout the development.

Large angular forms, creating a series of ‘boxes’ are used on both north and south exterior facades to emulate the simple and uncluttered lines - a predominant character of the modernist architectural style used by Nuetra and Schindler popularized in the 1930’s. The use of strong accent colors all throughout the exterior elevations were meant to offer fresh and playful char- acter that will differentiate the development from the other similar adjacent development along Holt Boulevard.

6.3 – Massing and Scale
All buildings shall be in sc ale with the surrounding community, with a majority of the building placement to occur toward the boundary of the project site. The prominent building elevations shall face both Holt Boulevard and Brooks Street. Buildings shall be 2 to 5 stories in height, containing a varied amount of units in each building, with varying façade planes so as not to creat a “monotonous” look. Amenities and site design shall be developed with the pedestrian scale in mind.

6.4 – Architectural Details
Architectural variations should occur between buildings to help distinguish each building and create variety within the proposed development. Architectural details should be consistent with the architectural style proposed. Details shall complement and enhance openings, and accentuate the overall design of each building. Detailing can be achieved through the use of different colors, window and door treatments, and a variety in exterior textures and materials (stone, siding, etc.) to create interesting elevations.

Decorative a wnings should be placed where feasible, over south facing windows, and adequate shade should be provided for outdoor spaces. Coverings shall use materials compatible with the architecture style to create a comprehensive building design. Exposed beams shall be integrated into the building design.
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6.5 – Materials and Color
Materials a nd colors shall be compatible with, and complementary to, the overall architectural style of the project. Larger building masses shall use a combination of dark and light colors to break up building planes, and use light colored trim to help accentuate roof features.

All colors shall be complementary, and the project shall utilize “warm tone” colors. Materials shall be a mixture of stucco, wood, rich stones and masonry siding, in a variety of complementary colors. A concrete or composite roof material shall be used.

6.6 – On-Site Streetscapes and Pedestrian Walkways
Street furniture and decorative paving should be used throughout the project area to enhance architectural design. The use of complementary materials and textures should be used to create a continuity and consistency that is desired throughout the project area.

A variety of decorative elements should be incorporated into the design of the project area, including, but not limited to, benches, tree grates, bike racks, enhanced paving, trash receptacles, and decorative bollards.

A selection of a ppropriate elements shall consider sidewalk widths, size and spacing of street trees, importance of the pedestrian path, and the requirement to maintain a minimum 4-foot wide walkway for pedestrian movement in all areas. All streetscape features shall comply with the Americans with Disabilities Act (ADA), along with accessibility requirements for public services, such as police and fire.

6.7 – On-Site Lighting
Decorative light fix tures compatible with the architectural style of the buildings shall be provided on-site.

A minimum of one footc andle of light shall be provided within parking areas and 0.5 footcandles of light within pedestrian pathways, in compliance with the City of Ontario Police Department standards.
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6.8 – Signs
Signs within t he project area shall comply with the Division 8.01 (Sign Regulations) of the Ontario Development Code. A Sign Program shall be reviewed and approved by the City for this proposed Mixed-Use project.

6.9 – Off-Site Improvements
All off-site improvements shall be installed in accordance with City standards, and to the satisfaction of the City Engineer.

Note: All Priority Land Use (PLU): Land use consisting of high-density residential, defined as a land use with at least ten (10) dwelling units per acre, industrial, commercial, mixed urban, and public transportation station land uses within the project area shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino.
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Exhibit 6-5: Streetscape Examples
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7 – INFRASTRUCTURE AND UTILITIES

7.1 – Infrastructure
All impr ovements and alterations to public infrastructure (sewer, water, recycled water, storm drain, etc.) shall obtain approval from all appropriate agencies.

I f infiltration is deemed feasible by a licensed geotechnical engineer, on-site storm water drainage facilities shall be provided for capture and infiltration of a 2-yr, 24-hour storm event, consistent with the San Bernardino County MS4 Program’s Water Quality Management Plan (WQMP) requirements for new development. Storm water capture and infiltration facilities include the utilization of not proposed MaxWell Drywells and underground storm water infiltration chambers.

7.2 – Street Improvements
St reet improvements (street, sidewalk, parkway, curb, gutter, street lights, etc.) shall be constructed with the development of the project site. Improvements will be required on the streets adjacent to the project area including Holt Boulevard and Brooks Street. Design and construction of street improvements shall be in accordance with the City standards, and to the satisfaction of the City Engineer. Exhibit 7-4 (Street Sections) identifies the improvements for each street adjacent to the project site.

Upon development of the project site, the developer shall construct the right-of-way improvements adjacent to the project site, to the centerline of the street (street, curb, gutter, parkway, sidewalk, etc.). Curb returns at entry and exit driveways to the project site on Holt Boulevard and Brooks Street, shall be designed and constructed with a minimum 10-foot radius.

All Priority Land Use (PLU): Land use consisting of high-density residential, defined as a land use with at least ten (10) dwelling units per acre, industrial, commercial, mixed urban, and public transportation station land uses within the project area shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino. See Exhibit 7-1 (Civil Plan). 156
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7.3 – Public Utilities
All existing dry utilities (electricity, cable, telephone, gas, etc.) along Holt Boulevard and B
rooks Street shall be relocated and re-routed as required and approved by the affected utility agencies/companies.

7.4 – Street Dedication, Vacation and Easements
The ultimate Holt Boulevard right-of-way is 60 feet, measured from centerline, and will require an additional 20 feet of street dedication. The ultimate Brooks Street right-of-way is 30 feet, measured from centerline, and will require an additional 2 feet of street dedication. 157
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Exhibit 7-1: Civil Plan
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Exhibit 7-2: Utility Plan
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Exhibit 7-3: Easement and Dedication Locations
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Exhibit 7- 4: Street Sections
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8 – CEQA COMPLIANCE
An Addendum to T he Ontario Plan Environmental Impact Report (SCH No. 2008101140), prepared in conjunction with File No. PGPA06-001, and certified by the City of Ontario City Council on January 27, 2010, was prepared for the project. The Approving Authority for the Project reviewed and considered the information contained in the Addendum, the initial study, and the administrative record for the Project, including all submitted written and oral evidence. Based upon the facts and information contained in the Addendum, the initial study, and the administrative record, including all written and oral evidence, the Approving Authority found as follows:
• T he Addendum and administrative record have been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
• T he Addendum contains a complete and accurate reporting of the environmental impac ts associated with the Project, and reflects the independent judgment of the Approving Authority; and
• T here is no substantial evidence in the administrative record supporting a fair argument that the project may result in significant environmental impacts; and • T he project will not introduce any new significant environmental impacts beyond those previously analyzed in the Environmental Impact Report, and all mitigation measures previously adopted by the Environmental Impact Report, are incorporated herein by this reference.

8.1 – Environmental Performance Standards
Due to t he proximity of the project area to rail lines and Holt Avenue which are both generators of noise and emissions, standards have been established to mitigate these environ- mental impacts.
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T o ensure a proper standard of living, noise levels shall not exceed 65 dBA for exterior noise levels and 45 dBA for interior noise levels. In order to achieve these noise levels the following mitigations shall be followed:
• Prior to t he issuance of building permits, the developer/owner shall retain an acoustic engineer to conduc t an acoustic analysis and identify, where appropriate, site design f eatures (e.g., setbacks, berms, or sound walls), and/or required building acoustical impr ovements (e.g., sound transmission class rated windows, doors and attic baffling), to ensur e compliance with the City’s Noise Compatibility Criteria, and the California State B uilding Code and California Noise Insulation Standards (CCR Titles 24 and 21). • Prior to t he issuance of building permits, the developer/owner shall retain an acoustical engineer to e valuate the potential for trains to create perceptible levels of vibration indoors . If vibration-related impacts are found, mitigation measures, such as use of conc rete, iron, steel, or masonry materials to ensure that levels of vibration amplification a re within acceptable limits to building occupants, shall be implemented. Pursuant to the F ederal Transit Administration vibration-annoyance criteria, these acceptable limits are 78 V dB during the daytime and 72 VdB during the nighttime for residential uses. • Cons truction activities shall only occur between the hours of 7:00 AM and 6:00 PM on weekdays, and 9:00 AM and 6:00 PM on Saturdays and Sundays; • St ructural noise attenuation requirements contained in Ontario Municipal Code Title 8, Chapter 15, Article 3 (Building Requirements for New Residential Construction in the 65 CNEL to 70 CNEL Noise Zone) are required to be incorporated into exterior façade units located along the eastern, western, and northern project perimeter. • St ructural noise attenuation requirements contained in Ontario Municipal Code Title 8, Chapter 15, Article 2 (Building Requirements for New Residential Construction in the 70 CNEL to 75 CNEL Noise Zone) are required to be incorporated into exterior façade units located along the southern project perimeter;
• Ba lconies on exterior façade units located along the project’s east, south and north frontages shall have a solid balcony barrier of at least 5 feet per study findings. On ex terior façade units located along the project’s south perimeter street frontage, no ba lconies or yard areas shall be permitted; and
• I f required upon findings of a study, a 6-foot high solid decorative masonry block wall with self -closing, sound insulated gates shall be constructed between the buildings located along t he southern edge of the project site. This will ensure exterior noise for outdoor facilities wit hin the project will not exceed 65 dB CNEL.

CEQA Compliance
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8.1.2 – Air Qua lity
• Due to t he proximity of the active rail lines to the south of the project area, air quality is a concern for the project site resulting from the diesel emissions from trains.

Listed below are standards for reducing the air quality impacts of the diesel emissions. • All r esidential living areas shall be equipped with air filtration systems operating under a positive pressure rated at MERV 12 or higher;
• T he HOA or property management will replace all unit filters on a routine basis, deter mined by industry standards for the filter and air conditioning HVAC systems selected; • T he active outdoor recreation areas should be shifted northward where feasible, to provide the greatest possible distance setback from the closest railroad tracks; and • A dense t ree canopy shall be established along the southern site boundary to act as a living bio-filter for particulate air pollution.
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9 – ADMINISTRATION

9.1 – Items Not Addressed in PUD
An y terms or regulations pertaining to design, development, subdivision, administration and interpretation, and nonconforming use, structures and, which are not addressed in this PLANNED UNIT DEVELOPMENT, shall be governed by the City of Ontario Development Code.

9.2 – Development Applications
De velopment Plan approval, pursuant to the requirements of Ontario Development Code Section 4.02.025 (Development Plans), shall be required for the physical alteration of a lot, the construction of a building, or the addition or significant alteration of an existing building. A Development Plan application shall be submitted to the Planning Department on a City application form pursuant to the requirements of Ontario Development Code Division 2.02 (Application Filing and Processing), commencing with Subsection B (Discretionary Permits and Actions) of Section 2.02.015 (Application Processing Procedures).

9.3 – Administrative Exceptions
Minor ex ceptions to the development standards set forth in this document may be granted by the Zoning Administrator in accordance with Section 4.02.020.C (Administrative Exceptions) of the Ontario Development Code, not to exceed 10 percent from minimum residential setback and separation requirements.

9.4 – Severability
I f any portion of this Planned Unit Development is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, the determination shall not affect the validity of the remaining portions of this Planned Unit Development. Moreover, the decision shall not affect, impair, or nullify this Planned Unit Development, either in whole or in part, and the remainder of this Planned Unit Development shall continue in full force and effect. 165
ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD20-001, A PLANNED UNIT

DEVELOPMENT (THE ROOSEVELT TOWER PLANNED UNIT

DEVELOPMENT) TO ESTABLISH DEVELOPMENT STANDARDS,

DESIGN GUIDELINES AND INFRASTRUCTURE REQUIRMENTS FOR

0.81 ACRES OF LAND LOCATED AT 549 WEST HOLT BOULEVARD,
WITHIN THE MU-1/LUA-3 (DOWNTOWN MIXED-USE/HOLT

BOULEVARD DISTRICT) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 1049-021-09.

WHEREAS, Kathy Huynh ("Applicant") has filed an Application for the approval of a Planned Unit Development, File No. PUD20-001, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 0.81 acres of land located at 549 West Holt Boulevard, within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and the site is presently vacant land; and
WHEREAS, the property to the north of the Project site is within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and is developed with the Ontario Village Commercial Shopping Center. The property to the south is within the IL (Light Industrial) zoning district and is developed with a mix of industrial uses. The property to the east and west are within the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and are developed with multi-tenant commercial uses; and
WHEREAS, in conjunction with the Planned Unit Development (The Roosevelt Tower Planned Unit Development) application, the Applicant has submitted a Development Plan application (File No. PDEV20-009) to construct a mixed-use project consisting of 59 multiple-family dwellings (three-stories of residential units over two- stories of podium parking and 2,500 square feet of first floor retail space) on the Project site. Approval of the Development Plan application will not be final and complete until The Roosevelt Tower Planned Unit Development, File No. PUD20-001, has been approved by the City Council; and
WHEREAS, the Ontario Plan Policy Plan (General Plan) designates the Project area as MU (Mixed-Use). 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. The most intensive uses are envisioned along Euclid and Holt Avenue. The Downtown Mixed Use is also intended to provide new housing opportunities that will also provide increased demand for commercial/retail in a more urban, concentrated and strategic location. 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 166
approved master plan, such as an area plan, specific plan, or planned unit development; 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”) prior to the development of properties within the area. In compliance with this requirement, the Applicant has submitted “The Roosevelt Tower Planned Unit Development” (included as “Attachment A” to this Ordinance), 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:
 Promote high standards in urban design;
 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;  Ensure harmonious relationships with surrounding land uses; 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 (“ONT”), 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 July 26, 2022, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, 167
voting to issue Resolution No. PC22-037 recommending the City Council approve the Application; and
WHEREAS, on September 6, 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 decision- making 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, In-Fill Development) of the CEQA Guidelines, which consists of projects characterized as infill developments, meeting the following conditions:
a) The Project is consistent with the applicable general plan designation and all applicable general plan policies, as well as the applicable zoning designation and regulations. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) 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 Policy Plan (General Plan) component of the Ontario Plan.
b) The proposed development occurs within city limits, on a Project site of no more than five acres and is substantially surrounded by urban uses. The Project site is 0.81-acres of land, located within the incorporated boundaries of the City of Ontario.

Furthermore, the site is situated within a fully urbanized area that is characterized by a mix of industrial and multi-tenant commercial developments. c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is currently vacant land, with no value to endangered, rare or threatened species.
d) Approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality. Conditions of approval have been imposed on the Project, which will mitigate any significant effects relating to traffic, noise, air quality, or water quality.
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e) The Project can be adequately served by all required utilities and public services. The site is located within an area that is currently served by all required utilities and public services, including, but not limited to sewer, water, gas, electric and municipal solid waste 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 recommending authority 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 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 169
Priorities components of The Ontario Plan. The proposed Project is located within the MU (Mixed Use) land use district of the Policy Plan Land Use Map, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) 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 PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The City Council has required certain safeguards, and imposed certain conditions of approval, which have been established to ensure that: [i] the purposes of the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and The Roosevelt Tower PUD 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 vision, and the MU-1/LUA-3 (Downtown Mixed-Use/Holt Boulevard District) zoning district and the Roosevelt Tower PUD.
(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. In addition, conditions of approval have been imposed on the Project, which will mitigate any significant effects relating to traffic, noise, air quality, or water quality. (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 proposed Development Plan, File No. PDEV20-009, filed in conjunction with the PUD, including necessary building setbacks, site access points, off-street parking, site circulation, and architectural character.
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SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described The Roosevelt Tower Planned Unit Development (File No. PUD20-001), 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 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.

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 ______ of ______ 2022. _____________________________________
PAUL S. LEON, MAYOR
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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 _____________ 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. PUD20-001;
The Roosevelt Tower Planned Unit Development
(Document follows this page)
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 2 176
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 3 The Roosevelt T ower
Planned Unit Development
Table of Contents
1 – Introduction .............................................................................. 6 2 – Objectives ................................................................................. 9