Ontario City Council
December 20, 2022

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. 452
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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 457
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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 459
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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.

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 Development) of the CEQA Guidelines, which consists of:

(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. 461
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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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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
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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 472
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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, 473
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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.

SECTION 3: Ontario International Airport Land Use Compatibility Plan (“ALUCP”) Compliance. The California State Aeronautics Ac t (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 t he policies set forth in the adopted Airport Land Use Compatibility Plan. On April 19, 2011, the City Council of the City of Ontario approved and adopted the ALUCP, establishing the Airport Influence Area for Ontario International Airport (hereinafter referred to as “ONT”), which encompasses lands 475
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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 476
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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. 477
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ATTACHMENT A:

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

(Document to follow this page)
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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
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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
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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
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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
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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)
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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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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
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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
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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
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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
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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
499
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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
500
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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.
501
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 22 Table 3-1: Permitted Use Table
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
502
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 23 Table 3-1: Permitted Use Table
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
503
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 24 Table 3-1: Permitted Use Table
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
504
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
505
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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.
507
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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 508
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 29 Development Regulations
Exhibit 4-3: Setback Diagram
509
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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. 514
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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.
518
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Exhibit 4-8: Trash Enclosures Site Plan
519
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 40 Development Regulations

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. 520
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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.
521
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Exhibit 4-9: Colored Landscape Plan
N
522
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Exhibit 4-10: Holt Boulevard Planting Palette
523
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Exhibit 4-11: Common Space 3rd Floor Planting Palette
524
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Exhibit 4-12: Brooks Street Planting Palette
525
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Exhibit 4-13: Landscape Rendering
526
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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. 529
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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. 531
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 52 Circulation

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. 532
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 53 Development Regulations
Exhibit 5-1: Circulation Plan
533
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 54 Design Guidelines
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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 55 Design Guidelines
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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 56 Design Guidelines
Exhibit 6-3: Architectural Rendering
North Perspective
South Perspective
Exhibit 6-4: Architectural Rendering
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 57 Design Guidelines

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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 58 Design Guidelines

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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 59 Design Guidelines

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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 60 Design Guidelines
Exhibit 6-5: Streetscape Examples
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 61 Infrastructure and Utilities
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). 541
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 62 Infrastructure and Utilities

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. 542
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 63 Infrastructure and Utilities
Exhibit 7-1: Civil Plan
543
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 64 Infrastructure and Utilities
Exhibit 7-2: Utility Plan
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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 65 Infrastructure and Utilities
Exhibit 7-3: Easement and Dedication Locations
545
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 66 Infrastructure and Utilities
Exhibit 7- 4: Street Sections
546
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 67 CEQA Compliance
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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 68 8.1.1 – Noise
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.
549
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 70 Administration
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. 550
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) ESTABLISHING 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, 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 pan) 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 approved master plan, such as an area plan, specific plan, or planned unit development; and
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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, 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 (“ONT 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, voting to issue Resolution No. PC22-037 recommending the City Council approve the Application; and
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WHEREAS, on September 6, 2022, the City Council of the City of Ontario conducted a hearing to consider the Project. The City Council continued the Project to a future and concluded said hearing on that date; and
WHEREAS, on December 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 decision-making body for the Project, the City Council finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.

SECTION 3: 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, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. 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 ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the DAB, 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 ONT ALUCP; and
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:
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(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The proposed Project is located within the 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 555
setbacks, site access points, off-street parking, site circulation, and architectural character.

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

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

SECTION 9: Effective Date. This Ordinance shall become effective 30 days following its adoption.

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 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
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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
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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
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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
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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)
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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
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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
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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
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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
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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
576
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
577
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
578
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 20 Allowable Uses
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
579
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 21 Allowable Uses

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.
580
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 22 Table 3-1: Permitted Use Table
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
581
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 23 Table 3-1: Permitted Use Table
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
582
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 24 Table 3-1: Permitted Use Table
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
583
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
584
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 26 Development Regulations
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
585
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 27 Development Regulations
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.
586
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 28 Development Regulations

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 587
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 29 Development Regulations
Exhibit 4-3: Setback Diagram
588
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 30 Development Regulations
Exhibit 4-4: Projection Diagram
589
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 31 Development Regulations

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
590
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 32 Development Regulations
Exhibit 4-5: Private Open Space Diagram
591
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 33 Development Regulations

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
592
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 34 Development Regulations

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. 593
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
594
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 36 Development Regulations

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
595
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 37 Development Regulations

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.
596
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 38 Development Regulations

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.
597
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 39 Development Regulations
Exhibit 4-8: Trash Enclosures Site Plan
598
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 40 Development Regulations

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. 599
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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.
600
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 42 Development Regulations
Exhibit 4-9: Colored Landscape Plan
N
601
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 43 Development Regulations
Exhibit 4-10: Holt Boulevard Planting Palette
602
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 44 Development Regulations
Exhibit 4-11: Common Space 3rd Floor Planting Palette
603
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 45 Development Regulations
Exhibit 4-12: Brooks Street Planting Palette
604
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 46 Development Regulations
Exhibit 4-13: Landscape Rendering
605
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 47 Development Regulations

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.
606
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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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 49 Circulation

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. 608
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 50 Circulation

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. 610
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 52 Circulation

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. 611
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 53 Development Regulations
Exhibit 5-1: Circulation Plan
612
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 54 Design Guidelines
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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 55 Design Guidelines
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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 56 Design Guidelines
Exhibit 6-3: Architectural Rendering
North Perspective
South Perspective
Exhibit 6-4: Architectural Rendering
615
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 57 Design Guidelines

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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 58 Design Guidelines

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.
617
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 59 Design Guidelines

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.
618
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 60 Design Guidelines
Exhibit 6-5: Streetscape Examples
619
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 61 Infrastructure and Utilities
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). 620
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 62 Infrastructure and Utilities

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. 621
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 63 Infrastructure and Utilities
Exhibit 7-1: Civil Plan
622
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 64 Infrastructure and Utilities
Exhibit 7-2: Utility Plan
623
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 65 Infrastructure and Utilities
Exhibit 7-3: Easement and Dedication Locations
624
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 66 Infrastructure and Utilities
Exhibit 7- 4: Street Sections
625
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 67 CEQA Compliance
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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 68 8.1.1 – Noise
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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PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 69 CEQA Compliance

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.
628
PUD: Roosevelt T ower, Holt Boulevard, City of Ontario, CA - Revised March, 7 2022 Page 70 Administration
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. 629
Department: Planning
Prepared By: Ruben Duran
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT:

A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA22-005, REVISING DIVISION

5.03 - SUPPLEMENTAL LAND USE REGULATIONS, SECTION 5.03.010 (ACCESSORY

RESIDENTIAL STRUCTURES) IN ORDER TO BRING THE CITY'S CURRENT

PROVISIONS GOVERNING ACCESSORY DWELLING UNITS INTO COMPLIANCE WITH THE REQUIREMENTS OF CALIFORNIA SENATE BILL NO. 897 (GOVERNMENT CODE SECTIONS 65852.2 AND 65852.22)

CITY OF ONTARIO
Agenda Report
December 20, 2022
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council consider and adopt an Urgency Ordinance approving File No. PDCA22-005, amending Section 5.03.010 of Division 5.03 of Chapter 5 of the Ontario Development Code relating to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), consistent with the requirements of California Senate Bill No. 897 (Government Code sections 65852.2 and 65852.22).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

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:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs. In 2022, the California Legislature approved, and the Governor signed into law, Senate Bill 897 (“SB 897”) that further amends Government Code sections 65852.2 and 65852.22 (“New Amendments”). The New Amendments:

1 .

Require the City to allow certain ADUs to be higher — up to 18 or 25 feet, depending on the situation;
Require the City’s front setback to yield for certain ADUs; 2 .

R
equire the City to justify a denial with a full set of detailed comments describing the deficiencies in the application and explaining how to remedy them; and 3 .

Remove the automatic repeal in 2025 (now the ADU statute is permanent). 630
PROPOSED URGENCY ORDINANCE:

SB 897 becomes effective on January 1, 2023 and preempts any conflicting city ordinance. Consequently, Staff and the City Attorney have prepared an urgency ordinance in accordance with Government Code Section 36937(b).

The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Government Code sections 65852.2 and 65852.22.

Failure to comply with Government Code sections 65852.2 and 65852.22 (as amended) by January 1, 2023, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in Government Code sections 65852.2 and 65852.22.

The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

The ADU code amendments are proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, subdivision (b), and will be followed at the earliest possible time by a non-urgency ordinance that will be considered for approval by the Planning Commission before returning to the City Council for ultimate adoption.

Staff recommends that the City Council approve the proposed urgency ordinance to allow sufficient
time for City staff to prepare a permanent ordinance pertaining to the updated regulation of Accessory Dwelling Units and Junior Accessory Dwelling Units in a manner that complies with the new State law and is consistent with Government Code Sections 65852.2 and 65852.22.

ENVIRONMENTAL REVIEW:

Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.
631
ORDINANCE NO. ________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA22-005,
AMENDING SECTION 5.03.010 OF DIVISION 5.03 of CHAPTER 5 OF

THE ONTARIO DEVELOPMENT CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND
DETERMINING THE ORDINANCE TO BE EXEMPT FROM CEQA.

WHEREAS, the City of Ontario, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by ordinance to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended Government Code sections 65852.2 and 65852.22 to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2022, the California Legislature approved, and the Governor signed into law Senate Bill 897(“SB 897”) that further amends Government Code sections 65852.2 and 65852.22; and
WHEREAS, SB 897 takes effect January 1, 2023, and if the City’s ADU ordinance does not comply with the requirements imposed by SB 897 by that date, the City’s entire existing ADU ordinance becomes null and void as a matter of law; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to comply with the amended provisions of Government Code sections 65852.2 and 65852.22; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of SB 897 because if the City’s ordinance does not comply with the amended laws as of January 1, 2023, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Government Code sections 65852.2 and 65852.22 for the approval of ADUs and JADUs; and
WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
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WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b).

NOW, THEREFORE, the City Council of the City of Ontario does ordain as follows:

SECTION 1. Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council.

SECTION 2. CEQA. Under California Public Resources Code section 21080.17, the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of section 65852.2 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 65852.22. Therefore, the proposed ordinance is statutorily exempt from CEQA in that the proposed ordinance implements the State’s ADU law.

SECTION 3. General Plan. This ordinance is, as a matter of law, consistent with the City’s General Plan pursuant to Government Code Section 65852.2(a)(1)(C).

SECTION 4. Code Amendments. Section 5.03.010 of Division 5.03 of Chapter 5 of the Ontario Development Code is hereby amended and restated to read in its entirety as provided in Exhibit “A,” attached hereto and incorporated herein by reference.

SECTION 5. Effective Date. This ordinance takes effect immediately upon its adoption.

SECTION 6. Publication. The City Clerk shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption.

SECTION 7. Submittal to HCD. The City Clerk shall submit a copy of this ordinance to the Department of Housing and Community Development within 60 days after adoption.

SECTION 8. Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable.

The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 9. 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 twice, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of 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.
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PASSED, APPROVED, AND ADOPTED this 20th day of December 2022. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Urgency Ordinance No. _____ was duly introduced and adopted at the regular meeting of the City Council of the City of Ontario held on the 20 th day of December 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 Urgency Ordinance No._______ duly passed and adopted by the Ontario City Council at their regular meeting held December 20, 2022 and summaries of the Ordinance were published on December 27, 2022 and January 3, 2023 in the Inland Valley Daily Bulletin newspaper. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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EXHIBIT “A”
Amended ADU Regulations
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EXHIBIT “A”
Section 5.03.010 – Accessory Dwelling Units
A. Purpose. The purpose of this Section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with California Government Code Sections 65852.2 and 65852.22.

B. Effect of Conforming. An ADU or JADU that conforms to the standards in this Section will not be:

1. Deemed to be inconsistent with the City’s general plan and zoning designation for the lot on which the ADU or JADU is located.

2. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

3. Considered in the application of any local ordinance, policy, or program to limit residential growth.

4. Required to correct a nonconforming zoning condition, as defined in Subsection C.7 below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code Section 17980.12.

C. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified.

1. Accessory Dwelling Unit (ADU). An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
a. An efficiency unit, as defined by California Health and Safety Code Section 17958.1; and
b. A manufactured home, as defined by California Health and Safety Code Section 18007.

2. Accessory Structure. A structure that is accessory and incidental to a dwelling located on the same lot.

3. Complete Independent Living Facilities. Permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multiple-family dwelling is or will be situated.

4. Efficiency Kitchen. A kitchen that includes all the following:
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a. A cooking facility with appliances.
b. A food preparation counter and storage cabinets that are of a reasonable size in relation to the JADU.

5. Junior Accessory Dwelling Unit (JADU). A residential unit that satisfies all of the following:
a. It is no more than 500 square feet in size;
b. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.
c. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single- family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.
e. It includes an efficiency kitchen, as defined in Subsection C.4 above.

6. Living Area. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

7. Nonconforming Zoning Condition. A physical improvement on a property that does not conform with current zoning standards.

8. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

9. Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

10. Public Transit. A location, including but not limited to a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

11. Tandem Parking. Two or more automobiles parked on a driveway or on any other location on a lot, lined up one behind the other.

D. Approvals. The following approvals apply to ADUs and JADUs under this Section:
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1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-family Lot. One ADU as described in this Subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(1) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and
(2) Has exterior access that is independent of that for the single-family dwelling; and
(3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.
(4) The JADU complies with the requirements of Government Code Section 65852.22.
b. Limited Detached on Single-family Lot . One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection D.1.a above), if the detached ADU satisfies each of the following limitations:
(1) The side- and rear-yard setbacks are at least four-feet; (2) The total floor area is 800 square feet or smaller; and (3) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2 below.
c. Converted on Multiple-Family Lot . One or more ADUs within portions of existing multiple-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Subsection D.1.c, at least one converted ADU is allowed within an existing multiple- family dwelling, up to a quantity equal to 25 percent of the existing multiple- family dwelling units.
d. Limited Detached on Multiple-Family Lot. No more than two detached ADUs on a lot that has an existing or proposed multiple-family dwelling if each detached ADU satisfies both of the following limitations:
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(1) The side- and rear-yard setbacks are at least four-feet. If the existing multiple-family dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multi-family dwelling as a condition of approving the ADU.
(2) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2 below.

2. ADU Permit.
a. Except as allowed under Subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Subsections E and F, below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The fee for processing an ADU is established by resolution of the City Council.

3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application.

If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(1) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or
(2) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multiple-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multiple-family dwelling, but the application to create the ADU or JADU will still be considered ministerially, without discretionary review or a hearing. c. If the City denies application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection D.3.b above.
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d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under Subsections D.1 or D.2, above:

1. Zoning.
a. An ADU or JADU subject only to a building permit under Subsection D.1, above, may be created on a lot in a residential or mixed-use zoning district. b. An ADU or JADU subject to an ADU permit under Subsection D.2, above, may be created on a lot that is zoned to allow single-family dwelling residential use or multiple-family dwelling residential use.

2. Height.
a. Except as otherwise provided by Subsections Error! Reference source not found. and Error! Reference source not found. below, a detached ADU created on a lot with an existing or proposed single-family or multiple- family dwelling unit may not exceed 16 feet in height.
b. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multiple-family dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. c. A detached ADU created on a lot with an existing or proposed multiple- family dwelling that has more than one story may not exceed 18 feet in height.
d. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this Subsection E.2.d may not exceed two stories. e. For purposes of this subsection E.2, height is measured above existing legal grade to the peak of the structure.

3. Fire Sprinklers.
a. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.
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b. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Sale or Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 65852.26, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multiple-family lot).

6. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.

7. Owner Occupancy.
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a. An ADU that is permitted after January 1, 2020, but before January 1, 2025, is not subject to any owner-occupancy requirement.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person’s legal domicile and permanent residence. c. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner- occupancy requirement in this Subsection E.7.c does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Planning Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:
a. Except as otherwise provided in Government Code Section 65852.26, the ADU or JADU may not be sold separately from the primary dwelling. b. The ADU or JADU is restricted to the approved size and to other attributes allowed by this Section.
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c. The deed restriction runs with the land and may be enforced against future property owners.
d. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Planning Director, providing evidence that the ADU or JADU has in fact been eliminated. The Planning Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated.

Appeal may be taken from the Planning Director’s determination, consistent with other provisions of this Development Code. If the ADU or JADU is not entirely physically removed but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Development Code.
e. The deed restriction is enforceable by the Planning Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including but not limited to obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

9. Income Reporting. In order to facilitate the City’s obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 65852.2, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.
b. Within 90 days after each yearly anniversary of the issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within the 90- day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.

10. Building & Safety.
a. Must comply with building code . Subject to Subsection E.10.b below, all ADUs and JADUs must comply with all local building code requirements. b. No change of occupancy . Construction of an ADU does not constitute a Group R occupancy change under the local building code, as described in Section 310 of the California Building Code, unless the building official or 643
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Code Enforcement Division officer makes a written finding based on substantial evidence in the record that the construction of the ADU could have a specific, adverse impact on public health and safety. Nothing in this subsection E.10.b prevents the City from changing the occupancy code of a space that was uninhabitable space or that was only permitted for nonresidential use and was subsequently converted for residential use in accordance with this section.

F. Specific Requirements. The following requirements apply only to ADUs that require an ADU permit under Subsection D.2, above.

1. Maximum Size.
a. The maximum size of a detached or attached ADU subject to this Subsection F is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms.
b. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling.
c. Application of other development standards in this Subsection F, such as lot coverage, might further limit the size of the ADU; nevertheless no application of the percent-based size limit in Subsection F.1.b, above, or of a lot coverage limit, front setback, or open-space requirement may require the ADU to be less than 800 square feet.

2. Building Setbacks.
a. Subject to Subsection F.1.c above, an ADU that is subject to this Subsection F must conform to the front yard setback of the zoning district in which it is located.
b. An ADU that is subject to this Subsection F must conform to 4-foot side yard and rear yard setbacks.
c. No setback is required for an ADU that is subject to this Subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Lot Coverage. No ADU subject to this Subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverage of the zoning district in which it is located, subject to Subsection F.1.c, above.

4. Minimum Open Space. No ADU subject to this Subsection F may cause the total percentage of open space of the lot to fall below the requirements specified in Section 6.01.010 (Residential Zoning Districts) of this Development Code, subject to Subsection F.1.c, above.
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5. Passageway. No passageway, as defined by Subsection C.8, above, is required for an ADU.

6. Off-Street Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection C.11, above.
b. Exceptions. No parking under Subsection F.6.a, above, is required in the following situations:
(1) The ADU is located within one-half mile walking distance of public transit, as defined in Subsection C.10 above.
(2) The ADU is located within an architecturally and historically significant historic district.
(3) The ADU is part of the proposed or existing primary residence, or an accessory structure under Subsection D.1.a, above.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is an established car share vehicle stop located within one block of the ADU.
(6) When the permit application to create an ADU is submitted with an application to create a new single-family or multiple-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subsections F.6.b(1) through F.6.b(5) above. c. No Replacement. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

7. Architectural Requirements.
a. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling.
b. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof.
c. The exterior lighting must be limited to down-lights or as otherwise required by the City’s Building or Fire Code.
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d. The ADU must have an independent exterior entrance, apart from that of the primary dwelling.
e. The interior horizontal dimensions of an ADU must be at least 10 feet wide in every direction, with a minimum interior wall height of 7 feet. f. Windows and doors of the ADU may not have a direct line of sight to an adjoining residential property. Fencing, landscaping, or privacy glass may be used to provide screening and prevent a direct line-of-sight. g. All windows and doors in an ADU are less than 30 feet from a property line that is not a public right-of-way line must either be (for windows) clerestory with the bottom of the glass at least 6 feet above the finished floor, or (for windows and for doors) utilize frosted or obscure glass.

8. Historical Protections. An ADU that is on or within 600 feet of real property that is listed as a Historic Resource must be located so as to not be visible from any public right-of-way.

G. Fees. The following requirements apply to all ADUs that are approved under Subsections D.1 or D.2, above.

1. Impact Fees.
a. No impact fee is required for an ADU that is less than 750 square feet in size. For the purposes of this Subsection G.1, the term “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code, § 66000(b)) and a fee under the Quimby Act (Gov. Code, §66477). “Impact fee” as used in this Section, does not include any connection fee or capacity charge for water or sewer service.
b. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit (e.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.)

2. Utility Fees.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility, and payment of the normal connection fee and capacity charge for a new dwelling, are required. b. Except as described in Subsection G.2.a above, converted ADUs on a single-family lot that are created under Subsection D.1.a above, are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required. 646
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c. Except as described in Subsection G.2.a, above, all ADUs that are not covered by Subsection G.2.b, above require a new, separate utility connection directly between the ADU and the utility.
(1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU , based on either the floor area or the number of drainage fixture unit (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(2) The portion of the fee or charge that is charged by the City shall not exceed the reasonable cost of providing this service.

H. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures.

1. Generally. The City will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU.

2. Unpermitted ADUs constructed before 2018.
a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if denial is based on either of the following grounds:
(1) The ADU violates applicable building standards, or
(2) The ADU does not comply with state ADU law (Government Code Section 65852.2) or this ADU ordinance (Section 5.03.010). b. Exceptions:
(1) Notwithstanding Subsection H.2.a above, the City may deny a permit to legalize an existing but unpermitted ADU that was constructed before January 1, 2018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structure.
(2) Subsection H.2.a above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that does not conform to the objective standards set forth in Subsections A through H of this Section may be allowed by the City with a Conditional Use Permit, in accordance with the other provisions of this Development Code.
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