Agenda packet — Ontario City Council, December 19, 2023 (part 7 of 8)

Carpenter Ave.

Carpenter Ave., a Primary Local Street, bounds the
project site to the west and will provide north/south
access to and from the Parkside Specific Plan area. Exhibit 5-4: Local Street Sections—Carpenter Ave. illustrates
the ultimate improvements to Carpenter Ave. Easterly
improvements will be constructed on Carpenter Ave.
by this project.

Primary Local Streets
The Primary Local Streets are designated as collector
streets for local traffic. The 60-foot right-of-way is
composed of a total paved width of 36 feet and a
12-foot landscaped parkway, which also includes a
5-foot sidewalk (buffered from the street by 7 feet of
landscaping). Exhibit 5-4: Local Street Sections illustrates these improvements.

Secondary Community Entry Streets
Secondary Community Entry Streets have 36, 48 or
52 feet of paving. An optional landscaped median is
acceptable subject to City approval. 12-foot landscaped parkways are provided on both sides and may include a
5-foot sidewalk on one or both sides. Exhibit 5-5: Entry Street Sections illustrates the proposed Park Entry Streets.

Ontario Ranch Rd.

Ontario Ranch Rd. is designated as an eight-lane Other
Principal Arterial. Ontario Ranch Rd. provides east/west access to and from the project site along the northern
boundary of the Specific Plan area. Access to this street via driveways from residential units and on-street parking will be prohibited. Exhibit 5-2: Principal Arterial Street Sections—Ontario Ranch Rd. illustrates the ultimate
improvements to Ontario Ranch Rd.

Archibald Ave.

Per the City’s 2012 Master Plan of Streets and Highways, Archibald Ave. is designated as an Other Principal Arterial.

The street section for Archibald Ave. is per the approved Archibald Ave. Street Improvement Plans. Per this plan
set, Archibald Ave. has a 165-foot right-of-way between Eucalyptus Ave. to Ontario Ranch Road. Archibald Ave. will provide north/south access along the eastern portion of the Specific Plan. Per The Ontario Plan (TOP) Figure M-3:

Multipurpose Trails and Bikeway Corridor Plan, Archibald Ave. is to include an off-street multi-purpose trail. Access to this street via driveways from residential units and on-street parking will be prohibited. Improvements to
Archibald Ave. are illustrated on Exhibit 5-2: Collector Street Sections—Archibald Ave.

Eucalyptus Ave.

Eucalyptus Ave. is designated as a Collector. Eucalyptus Ave. will provide east/west traffic to and from the project site along the southern boundary of the Specific Plan
area. Exhibit 5-3: Collector Street Sections—Eucalyptus Ave. illustrates the ultimate improvements to Eucalyptus Ave including a Class II bike lane. Access to Eucalyptus Ave. via driveways from residential units and on-street parking will be prohibited.
1132
Exhibit 5-1: Vehicular Circulation Master Plan
Specific Plan — August 2006 5-3
Amended June 2020
November 2023 DRAFT
1133
Exhibit 5-2: Other Principal Arterial Street Sections
ONTARIO RANCH RD.

Divided Arterial Parkway 1A
(8 Lanes) 104´ Paved Section/160´ R/W
(On Street Parking is Prohibited) Neighborhood Edge is subject to change due to NPDES Standards. Final design to be approved by the City of Ontario.

N.T.S.

ARCHIBALD AVE.

Divided Arterial Parkway 1A with Bikeway
(8 Lanes) 104´ Paved Section/165´ R/W
(On Street Parking is Prohibited)
Design of 50´ Neighborhood Edge is subject to change
due to NPDES Standards. Final design to be approved
by the City of Ontario.

N.T.S.
5-4 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1134
Exhibit 5-3: Collector Street Sections
HELLMAN AVE.

Collector
(2 4 Lanes) 64´ Paved Section/88´ R/W
(On Street Parking is Prohibited)
N.T.S.

EUCALYPTUS AVE.

Collector
(4 Lanes) 84´ Paved Section/108´ R/W
(On Street Parking Prohibited is Allowed)
(Sidewalk and Bike Path Configuration is Subject to City Approval) N.T.S.

Specific Plan — August 2006 5-5
Amended June 2020
November 2023 DRAFT
1135
Exhibit 5-4: Local Street Sections
CARPENTER AVE.
40´ Paved Section/66´ R/W
(On Street Parking is Allowed)
*Finished Parkway Improvements West of Curb and
Gutter by Others
N.T.S.

PRIMARY LOCAL STREETS
36´ Paved Section/60´ R/W
(On Street Parking is Allowed)
N.T.S.
5-6 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1136
Specific Plan — August 2006 5-7
Amended June 2020
November 2023 DRAFT
Fire Department approval). Parking is prohibited along
lanes. Tapers will be incorporated at the point where
private lanes intersect public streets. Hammer heads
may be incorporated into the design of the lanes if the City determines they are required.

5.1.2 Non-Ontario Ranch Planned Street
Condition Along Park/Paseo Uses
Where any non-Ontario Ranch General Plan Master
Planned Street is adjacent to a park, paseo area, or
paseo link, the street parkway will be included as park/ paseo area/acreage.

5.1.3 Traffic Calming
Parkside provides for traffic calming within residential neighborhoods to slow traffic and reduce traffic noise
on streets, contributing to livable neighborhoods in
which to walk, bike, and drive.

Traffic calming within the Parkside Specific Plan area is designed to address the following:
• Reduction in traffic speeds;
• Reduction in traffic related noise;
• Reduction in cut-through traffic within residential
neighborhoods;
• A secure pedestrian friendly circulation system,
which encourages walking;
• Allow for non-restricted access for emergency service vehicles such as police, fire, and ambulances; and
• Reduction in radii of streets and elimination of
knuckles.

Primary Private Streets
Primary Private streets within the Specific Plan will
include right of way widths of 40 feet, 58 feet, 60 feet and 68 feet. The 40-foot right of way has a 24-foot
paved section, a 5-foot parkway on one side and a 6-foot parkway with 5-foot sidewalk on the other side. Both
the 58-foot and 60-foot right of way have 36 feet of
pavement. The 58-foot right of way has 6-foot parkways
and 5-foot sidewalks on each side. The 60-foot right of way has 7-foot parkways and 5-foot sidewalks. Lastly,
the 68-foot right of way has a 34-foot paved section,
a 10-foot median and 7-foot parkways with 5-foot
sidewalks on both sides. On-street parking is allowed
on the 58-foot and 60-foot right of ways. Exhibit 5-6
illustrates the Primary Private Street Sections.

In conditions where Private Streets have a gated entry, all entry drives will be designed to City Engineering and Ontario Fire Department standards. Final design of the
gated entries will be reviewed during the Development
Plan process.

Design solutions such as curb adjacent sidewalks enable greater product diversity and efficiency to answer site constraints such as the Cucamonga Creek Channel on
the east and Hellman Avenue on the west.

Private Lanes/Alleys
Lanes within the Specific Plan will primarily have 20
feet of paved area with 5 feet of landscaping on each
side. Planning Areas 1-4 will have lanes with 24 feet
of paved area and 3 feet of landscaping on each side.

Exhibit 5-7: Private Lane/Alley Section illustrates the proposed lane sections. Lanes with “dead end” conditions will have a maximum length of 150 feet (subject to
1137

SECONDARY COMMUNITY ENTRY
52´ Paved Section/76´ R/W
(On Street Parking is Allowed)
N.T.S.

Note: An optional landscaped median is acceptable subject to City approval.

SECONDARY COMMUNITY ENTRY STREET
48´ Paved Section/72´ R/W
(On Street Parking is Allowed)
N.T.S.

Note: An optional landscaped median is acceptable subject to City approval.

MAJOR COMMUNITY GATEWAY ENTRY “GATED”
48´ Paved Section/88´ R/W
(On Street Parking is not Allowed)
N.T.S.

Note: An optional landscaped median is acceptable subject to City approval.

Exhibit 5-5: Entry Street Sections

SECONDARY COMMUNITY ENTRY
36´ Paved Section/60´ R/W
(On Street Parking is Allowed)
N.T.S.

Note: An optional landscaped median is acceptable
subject to City approval.

PRIMARY COMMUNITY GATEWAY ENTRY
64´ Paved Section/88´ R/W
(On Street Parking is Allowed)
N.T.S.

Note: An optional landscaped median is acceptable subject to City approval.
5-8 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1138
Exhibit 5-7: Private Lane/Alley Sections
Exhibit 5-6: Primary Private Street Sections
LANES (PRIVATE ALLEYS)*
20´ Paved Section/30´ Width to Garage
(On Street Parking is Prohibited)
N.T.S.

LANES (PRIVATE ALLEYS)
24´ Paved Section/30´ Width to Garage
(On Street Parking is Prohibited)
N.T.S.

LANES (PRIVATE ALLEYS) PA 5 & 6*
26´ Paved Section
(On Street Parking is Prohibited)
N.T.S.

PRIMARY PRIVATE STREETS
24’, 34’ & 36’ Paved Section/40’, 58’, 60’& 68’ R/W
(On Street Parking is Allowed)
N.T.S.

Note: All private street design is subject to City Approval. * Note: Where emergency access alleys are to be used within the residential development, a 24-foot paved section with 3-foot minimum landscaping will be utilized.

Specific Plan — August 2006 5-9
Amended June 2020
November 2023 DRAFT
1139
Exhibit 5-8: Neighborhood Street Tapers
Note: Refer to the City Standard Drawing for Local Street Chokers. 5-10 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
The following traffic calming techniques may be
implemented in the design of the roadways within the
Parkside Specific Plan area.

Local Neighborhood Street Design
Neighborhood streets within Parkside are designed in a
grid with landscaping on either side within parkways to add interest in the street, encouraging drivers to slow their travel speed and observe their surroundings. Traffic speeds on local residential streets may be reduced by
incorporating tapered intersections for local streets, as illustrated in Exhibit 5-8: Neighborhood Street Tapers.

Taper may not be appropriate at all intersections.

Lane ( Private Alley) Design
Lanes (private alleys) within Parkside may incorporate
tapers at the entrance to these lanes to slow traffic in these areas and to provide a visual element to discourage drivers from using lanes as a through street. Speeds for traffic entering the lanes and cut-through traffic can
be reduced by incorporating tapers at the entrance to
these lanes as illustrated on Exhibit 5-8: Neighborhood Street Tapers.

Landscaping
Landscaping adjacent to streets within the Specific Plan area will combine the use of shade trees, shrubs, and
groundcover adjacent to sidewalks to create a more
intimate streetscape, encouraging drivers to reduce
driving speeds. The landscape concept for Parkside is
designed to contribute a sense that the street system
is a pedestrian “protected area” to promote slower
traffic speeds. Exhibit 5-8: Neighborhood Street Tapers illustrates these design features.

Factors affecting traffic speeds are those that influence the driver’s perception of the roadway, such as:
• Type of adjacent development and the distance of
development from the roadway;
• Frequency of access points onto the roadway;
• Roadway alignment and curvature;
• Type and massing of landscaping adjacent to the
roadway;
• Frequency of traffic control devices along the
roadway;
• Width of travel lanes; and
• Roundabout locations.

N.T.S.
1140
Exhibit 5-9: Pedestrian and Bicycle Circulation Master Plan NTS
Notes:

Future Pedestrian Bridges across Archibald Avenue and
Cucamonga Creek Channel are proposed
Ontario Ranch Road
Eucalyptus Avenue
Cucamonga Creek Channel
Legend
M-3 Multi-purpose Trail
Cucamonga Creek Multi-purpose Trail
(8’ wide)
Class I Bike Lane
Grand Park Multi-purpose Trail
Pedestrian Sidewalks
Carpenter Avenue
Archibald Avenue
PA 10
PA 9
PA 11
PA 12
PA 8
PA 7
PA 14
PA 13
PA 6
PA 5
PA 16
PA 15
PA 18
PA 19
PA
20 PA 21 PA 21 PA 21 PA 21
PA
22 PA 17
PA 4
PA 3 PA 2
PA 1
Hellman Avenue
PA 23
South McClaren Place
East Grand Park Drive
Specific Plan — August 2006 5-11
Amended June 2020
November 2023 DRAFT
1141
5-12 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT

5.1.4 Pedestrian Circulation
Off-street pedestrian circulation will be available
throughout the Parkside Specific Plan area with an
interconnected paved sidewalk system within the
roadway right-of-way, separated from vehicular travel
lanes by a landscaped parkway. Pedestrian access points to the Cucamonga Creek Channel will be provided at 2
points in the Great Park, east and west of the channel, and potentially in other locations within the project.

The existing pedestrian bridge across Cucamonga Creek
Channel will be inspected for safety, have the defunct
gas line removed; and new fence, striping and bollards
added.

5.1.5 Bicycle Plan
Multi-purpose trails are an integral element in creating accessibility and mobility within the Specific Plan. An eight-foot wide multi-purpose pedestrian and bicycle
trail will be provided within the Cucamonga Channel and within the west parkway of Archibald Ave., within the
south parkway of Ontario Ranch Rd. within the north
parkway of Eucalyptus Avenue, and within the Great
Park. Eucalyptus Avenue, will include a class II bike lane per the City’s Policy Plan. These multipurpose trails are identified in the City’s Policy Plan Multipurpose Trails and Bikeway Corridor Plan. Refer to Exhibit 5-8: Pedestrian and Bicycle Circulation Master Plan, for locations of
these paths and trails.

5.2 Water Master Plans
The ultimate sizing and alignment of all waterline
improvements shall follow the most currently approved
Master Plan. A Conceptual Technical Study and Final
Technical Study shall be prepared and approve by the City prior to approval of Construction Drawings and Permits.

5.2.1 Domestic and Recycled Water
Master Plan
Domestic water for the project site will be provided by the City. The Ontario Ranch Water Master Plan Phase 1
(Phases 1a–1d) identifies new water facilities to include one reservoir, 3 groundwater wells and potable and
recycled transmission water lines. Construction of the onsite and off-site Master Plan water service improvements shall be the responsibility of the developer(s) and is
required prior to issuance of building permits (excluding models and private recreation facilities) for Parkside. One of the waterlines included in the Phase I improvements
is a 24-inch water main in Archibald Ave., which borders Parkside on the east. The City is in the process of updating the Water Master Plan. Any changes resulting from the
update will be incorporated into the Parkside Domestic
Water and Recycled Water Master Plan.

Master planned domestic and recycled water main lines
serving and surrounding the Specific Plan, as identified in the adopted Water Master Plan, shall be constructed
prior to issuance of first occupancy of each phase. The sizing and alignment of all in-tract and looping waterline improvements shall follow the results of the approved
water hydraulic analysis. The public system location
shall be approved during final design review.

5.2.2 Domestic Water
The Parkside Specific Plan area lies within the 925 Pressure Zone. New domestic water mains to be constructed as
part of the development of Parkside will include a 24-
inch Master Plan water main in Eucalyptus Ave., from
Archibald Ave. to Carpenter Ave. Also included is a 12- inch Master Plan water main in Ontario Ranch Rd. from
Archibald Ave to Carpenter Ave. The sizing and alignment of all in-tract and looping waterline improvements shall follow the results of the approved hydraulic analysis.
1142
Legend Exhibit 5-10: Conceptual Domestic Water Master Plan Specific Plan — August 2006 5-13
Amended June 2020
November 2023 DRAFT
NTS
1143
5-14 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
The Master Plan for domestic water for Parkside is
illustrated in Exhibit 5-10: Conceptual Domestic Water
Master Plan.

5.2.3 Master Planned Recycled
Water System
The ultimate sizing and alignment of all recycled waterline improvements shall follow the most currently approved
Master Plan. In order to assure conformance with Master Plan Design Criteria during the Implementation process:
a Conceptual Technical Study and a Final Technical
Study shall be prepared and approved by the City prior
to approval of Construction Drawings and Permits. The
source of recycled water is the Inland Empire Utility
Agency (IEUA) 30-inch RP-1 Outfall Line in Carpenter
Ave. There is an existing 16-inch recycled water line in Archibald Ave., from Ontario Ranch Rd. to Eucalyptus Ave.

There is a proposed IEUA 48-inch recycled transmission
main in Carpenter Ave. New recycled master planned
water mains to be constructed as part of the Parkside
development will include a 12-inch line in Ontario
Ranch Rd., from Carpenter Ave. to Archibald Ave., a
12-inch line in Eucalyptus Ave., from Carpenter Ave. to Archibald Ave., and an 8-inch line in Hellman Ave., from Ontario Ranch Rd. to Eucalyptus Ave. The sizing and
alignment of all in-tract and looping recycled waterline improvements shall follow the results of the approved
recycled water hydraulic analysis. The Parkside Specific Plan shall comply with Ontario Municipal Code Chapter
8C (Recycled Water Use) and provide recycled water for
all approved uses, including but not limited to irrigation of parks, street landscaping, recreational trails, HOAmaintained on-site common areas and commercial landscaping. An Engineer’s Report approved by the City
and the Department of Health Services is required prior to the use of recycled water.

There may be an interim period where recycled water
supply does not have adequate pressure depending on
the timing of development and construction of a regional booster station. In this case, the recycled water system will connect to the potable system initially, until such point that recycled water service is available.

The Master Plan for recycled water for Parkside is illustrated on Exhibit 5-11: Conceptual Recycled Water Plan.
1144
Legend Exhibit 5-11: Conceptual Recycled Water Plan
Specific Plan — August 2006 5-15
Amended June 2020
November 2023 DRAFT
NTS
1145
5-16 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT

5.3 Sewer Master Plan
The ultimate sizing and alignment of all sewer
improvements shall follow the most currently approved
Master Plan. In order to assure conformance with Master Plan Design Criteria during the Implementation process:
a Conceptual Technical Study and a Final Technical Study shall be prepared and approved by the City prior to
approval of Construction Drawings and Permits. Sewer
service for the Specific Plan area will be provided by the City. The City´s Sewer Master Plan identifies ultimate
sewer facilities from the project site to the Eastern
Trunk Sewer. Master Planned facilities within the project area include the Eastern trunk Sewer Main in Archibald
Ave. that serves that portion of the project site lying easterly of the Cucamonga Creek Channel. The portion
of Specific Plan area lying westerly of the Cucamonga
Creek Channel will be served by the Eastern Trunk Sewer via the Master Planned sewer main connecting to the
Eastern Trunk Sewer near the intersection of Carpenter
Avenue and the San Bernardino County Line. This line
connects to the existing IEUA Intercept line at Walker
and Kimball Ave in the city of Chino.

The sizing and alignment of all in-tract sewer
improvements shall follow the results of the approved
Sewer Sub-Area Master Plan (SSAMP) analysis. The
master planned sewer main line serving the western
portion of the Specific Plan, as identified in adopted
updated Sewer Master Plan, shall be constructed prior
to issuance of first occupancy of the phases west of the Cucamonga Creek Channel. On-site public system sizing
is subject to the recommendations and approval of the
required sewer analysis.

The Sewer Master Plan for Parkside is illustrated on
Exhibit 5-12: Conceptual Sewer Master Plan.

5.4 Drainage
All pipe, improvements, sizing, and alignment shall
follow the most current approved version of the Storm
Drain Master Plan (currently 2012), in case there are
discrepancies between pipe improvements, sizing, and/
or alignments as show on the utility exhibits versus
the Master Plan. The City’s Storm Drain Master Plan
identifies new storm drain facilities to serve the project site extending towards the Cucamonga Creek Channel.

These Master Plan improvements include a 84-inch storm
drain in Ontario Ranch Road from Carpenter to Hellman
1146
Legend Exhibit 5-12: Conceptual Sewer Master Plan
8”S
8”S
8”S
10”S
10”S
Specific Plan — August 2006 5-17
Amended June 2020
November 2023 DRAFT
NTS
1147
5-18 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
Ave., a 96-inch storm drain in Hellman Ave., a 60-inch
storm drain in Eucalyptus Ave., east of the Cucamonga
Creek Channel and west of Hellman Ave., a 114-inch
storm drain in Eucalyptus Ave., between Hellman Ave.
and the Cucamonga Creek Channel. Completion of these
Master Plan improvements will provide permanent
storm drain service to Parkside.

On-site storm drains will be constructed to convey the
on-site flows to the proposed Master Planned storm drain lines in Eucalyptus Ave. Size and location of proposed
storm drain may change based on the final design.

The Drainage Master Plan for Parkside is illustrated in Exhibit 5-12: Conceptual Storm Drain Master Plan.

5.4.1 NPDES Compliance
The grading and drainage of the Parkside Specific Plan
area shall be designed to detain, filter, and treat surface runoff, in a manner and combination which is practical, to comply with the most recent requirements of the
San Bernardino County NPDES Stormwater Program’s
Water Quality Management (WQMP) for significant new
development projects. The objective of the WQMP for
this project is to minimize the detrimental effects of
urbanization on the beneficial uses of receiving waters, including effects caused by increased pollutants and
changes in hydrology. These effects may be minimized
through the implementation of site designs that reduce
runoff and pollutant transport by minimizing impervious surfaces and maximizing on-site infiltration, Source
Control Best Management Practices (BMPs) and/or
either on-site structural Treatment Control BMP’s, or
participation in regional or watershed-based Treatment
Control BMPs.

Prior to the issuance of a grading or construction permit, a Storm Water Pollution Prevention Plan (SWPPP) will
also be prepared. The SWPPP will be prepared to comply
with the California State Water Resources Control Board’s (State Water Board) current, “General Permit to Discharge Storm Water Associated With Construction Activity”
and the current Areawide Urban Storm Water Runoff
(Regional NPDES Permit). The SWPPP will identify and
detail all appropriate Best Management Practices (BMPs) to be implemented or installed during construction of
the project.

In addition to the preparation of a SWPPP for constructionrelated activities, and as part of the approval of any grading plans within the Specific Plan Area, the applicant will be required to submit a Water Quality Management
Plan (WQMP) on the regional model form provided by
the City. The WQMP shall identify and detail all Site
Design, Source Control, and Treatment Control BMPs
to be implemented or installed at this site in order to reduce storm water pollutants and site runoff. All Priority Land Use (PLU) areas within the Specific Plan 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
County Area-Wide MS4 Permit. Drainage from such
as a Debris Separating Baffle Box (DSBB), Continuous
Deflective System (CDS), or an equivalent hydrodynamic
separator which as been approved by the SWRCB.

The Specific Plan area is located within the sub-watershed area of a regional storm water runoff treatment facility.

This regional treatment facility serves as an alternative to complete on-site treatment of all pollutants of concern. 1148
Exhibit 5-13: Conceptual Storm Drain Master Plan Legend Specific Plan — August 2006 5-19
Amended June 2020
November 2023 DRAFT
NTS
1149
5-20 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT

5.5 Public Services

5.5.1 Schools
The project site is located within the Mountain View
School District, which serves the needs for kindergarten through eighth grade, and the Chaffey Joint Union High
School District, serving the needs for grades 9 through

12. Several elementary, middle, and high schools are
master planned throughout the Ontario Ranch and
will ultimately serve the Parkside Specific Plan area
educational demands. Development of the Parkside
Specific Plan area will generate an estimated student
population as follows (based on student generation
numbers supplied by the City, “School Generation for
New Model Colony Subareas,” July 2, 2004):

Grades K-5 Generation Factor .38/D.U.0.38 x 1,947 = 740 Grades 6-8 Generation Factor .22/D.U.0.22 x 1,947 = 429 Grades 9-12 Generation Factor .20/D.U.0.20 x 1,947 = 390 Grades K-5 Generation Factor .38/D.U.0.38 x 2,851 = 1,083 Grades 6-8 Generation Factor .22/D.U.0.22 x 2,851 = 627 Grades 9-12 Generation Factor .20/D.U.0.20 x 2,851 = 570

5.5.2 Fire Department Services
The City provides fire protection for the project site.

The nearest fire station (2931 East Philadelphia Street) is approximately 2.5 miles northeasterly of the project site. Response time varies due to availability of units, according to Fire Department statements. A new fire
station Ontario Fire Station No. 9 (2661 E Grand Park
St, Ontario, CA 91762) has been identified within the
Parkside Specific Plan area, located directly west of the commercial site, in Planning Area 20 19 of the Parkside Specific Plan area , which will service the Specific Plan area as well as the surrounding community. Refer to
Exhibit 4-1, Land Use Plan.

5.5.3 Police Department Services
The City will provide police protection for the Specific Plan area. The police station (2500 Archibald Ave.) was relocated to be more centrally located to the Ontario
Ranch and is approximately 2.2 miles north of the
project site. Response time varies based on location of police units and the type of calls, according to Police Department statements.

5.5.4 Libraries
The City provides library service to the City. There are two existing library locations within the City. The main library is located within the vicinity of the Civic Center (215 East “D” Street). The Colony Branch Library is
located northeasterly of the project site, approximately

2.75 miles away, and can be reached via Archibald Ave.
and Riverside Drive, within Colony High School (3859
East Riverside Drive). Both libraries will serve the project site. There will be a need for additional facilities over time. Currently, the City has not planned for a library within the Parkside Specific Plan area.

5.5.5 Public Transportation
Omnitrans currently provides fixed-route bus and
“Access” services within the vicinity of the project site.

Omnitrans’ Fixed Bus Route 70 currently operates along
Riverside Drive, between Vineyard and Milliken Ave.,
and is approximately 1.5 miles north of the project site 1150
Specific Plan — August 2006 5-21
Amended June 2020
November 2023 DRAFT
via Archibald Ave. The project site is also served by the “Access” demand-response service for qualified persons
with disabilities. The City has indicated that there is currently a study underway to determine the additional
public transportation needs of the Ontario Ranch.

5.6 Public Utilities
Public utilities including telephone, gas, and electrical service will be available to the Specific Plan area and will be extended into the planned community as part of the
development of the Parkside Specific Plan. All existing overhead utilities shall be undergrounded, including all on-site utilities and those within the public right-of-way along streets fronting the project site. All new utilities will be placed underground.

5.6.1 Telecommunications
Proposed Fiber Optics (conduits and fiber) will be placed underground within a duct and structure system to be
installed by the Developer. The fiber optic conduits
along the backbone streets shall be installed in a joint trench by each Developer as the last lane improvements
are completed. In-tract fiber optic conduits shall be
installed by the Developer in joint trenches with City
Street Light conduits where possible. Maintenance of
the installed system will be the responsibility of the City/ Special District. Development of the Project requires the installation by the Developer of all fiber optic conduits and pullboxes as well as payment of Development Impact
Fees to cover the installation of the fiber optic cable.

5.6.2 Natural Gas
The Southern California Gas Company (SCG) provides
natural gas service within the project site. Facilities within the area include an existing 8-inch line, reducing to 6 inches, along Archibald Ave., a 6-inch line and a
36-inch transmission line (located on the south side of Ontario Ranch Rd.) along Ontario Ranch Rd.

The Gas Company will provide natural gas to the project site. SCG indicates that gas service could be provided to the Parkside Specific Plan area, based upon conditions of gas supply, regulatory agencies and in accordance with
Southern California Gas Company’s policies and extension rules on file with the California Public Utilities Commission at the time contractual arrangements are made.

5.6.3 Electricity
Southern California Edison Company (SCE) currently
provides electrical service in the area. All new lines
installed within the Parkside Specific Plan area, less
than 66 KV, shall be installed underground. Additionally, existing lines within the Specific Plan area, less than 34.5 KV, shall also be placed underground by the developer
per OMC Chapter 5 (Underground Public Utility Districts).

5.7 Integrated Waste
For all residential development, refuse and recyclable
materials shall be stored as provided in Ontario
Development Code Section 6.01.010F.4. (Refuse Storage
Areas). For all commercial development, refuse and
recyclable materials shall be stored as provided in
Ontario Development Code Section 6.01.015E.17.
(Refuse Storage Areas (Trash Enclosures)).
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5-22 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
Project sites shall be designed to meet all the Integrated Waste Department’s requirements, including the
requirements for Sizing of Storage, Location of Collection Area, Accessibility for Collection Vehicles, and Collection of Sorted/Diverted Waste Types.

5.8 Grading Concept
The existing ground of the Specific Plan area generally slopes to the southwest at approximately 0.8% to

2.0%. The grading concept for Parkside is to work with
the existing topography to maintain natural grade and
elevations wherever possible. The grading operation
for the Specific Plan area will generally consist of the removal of organic material remaining from farming
operations, clearing and grubbing, demolition of existing structures, and moving of surface soils to construct
building pads and streets. Additionally, where slope
conditions are present, the property line shall be located at the top of a slope. In areas adjacent to a ridgeline or in moderate slope areas, dwelling units and buildings
should be sited to:
• Use the natural ridgeline as a backdrop for buildings; • Use landscape plant materials as a backdrop; and
• Use buildings to maximize concealment of cut slope.

If retaining walls are required, the following criteria shall be used:
• Exposed retaining walls facing roadways shall be no
greater than 3 feet in height, except as necessary
for acoustical purposes to satisfy the intent of the
noise ordinance; and
• Where retaining walls face roadways, they shall be
built of decorative materials consistent with the
wall theme of the neighborhood.

The conceptual grading plan for the residential portion of Parkside, as illustrated in Exhibit 5-14: Conceptual Grading Plan will attempt to balance of cut/fills for the site.

Grading plans for each tract in the Specific Plan area will be reviewed and approved by the by the City Building,
Planning, and Engineering Departments prior to the
issuance of grading permits. All grading plans and
activities will conform to the City grading ordinance
and dust and erosion control requirements.
1152
Exhibit 5-14: Conceptual Grading Plan
Specific Plan Boundary
Existing Contours
Legend
Specific Plan — August 2006 5-23
Amended June 2020
November 2023 DRAFT
NTS
1153
5-24 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT

5.9 Phasing
Development of the Specific Plan area will be phased
to meet the following objectives:
• Orderly build-out of the Specific Plan area, based
upon market and economic conditions;
• Provision for adequate infrastructure and public
facilities as determined and deemed necessary by
the City Engineer, and concurrent with development
of each phase; and
• Protection of public health and welfare.

Development phasing of the project site will be
determined by the landowner and/or developer based
upon real estate market conditions. Phasing will occur
as appropriate levels of infrastructure, community
facilities, and open space dedications are provided, as per the Development Agreement. Phasing sequencing
is subject to change over time to respond to these
various factors and individual phases may overlap or
develop concurrently. As the Specific Plan is Phased,
the following minimum criteria shall be met for each
Subdivision and Development of each Phase:
• For Domestic Water, all the Master Plan, Regional
and Local Infrastructure identified in Section 5
and the Conceptual Domestic Water Plan for the
Water Pressure Zone that the Phase is within shall
be completed as part of the Phase’s infrastructure
requirements or as described in the Project’s
Development Agreement. Also, any domestic water
infrastructure necessary to provide primary looping,
secondary looping, and meet all hydraulic criteria and
fire flow shall be completed as part of the Phase’s
infrastructure requirements or as described in the
Project’s Development Agreement.
• For Recycled Water, all the Master Plan, Regional
and Local Infrastructure identified in Section 5
and the Conceptual Recycled Water Plan for the
Recycled Water Pressure Zone that the Phase is
within shall be completed as part of the Phase’s
infrastructure requirements or as described in the
Project’s Development Agreement. Also, any recycled
water infrastructure necessary to provide primary
looping, secondary looping, and meet all hydraulic
criteria shall be completed as part of the Phase’s
infrastructure requirements or as described in the
Project’s Development Agreement.
• For Sewer, all the Master Plan, Regional and
Local Infrastructure identified in Section 5 and
the Conceptual Sewer Plan for the Master Plan
Sewer Tributary Area that the Phase is within and
upstream of shall be completed as part of the
Phase’s infrastructure requirements or as described
in the Project’s Development Agreement. Also, any
sewer infrastructure necessary to meet all hydraulic
criteria shall be completed as part of the Phase’s
infrastructure requirements or as described in the
Project’s Development Agreement.

Exhibit 5-14: Conceptual Phasing Plan illustrates Phases I-IV for the project. Phases I-IV are dependent on areawide infrastructure and master plan improvements, as of 2022, some of the areas in Phase 1, including the Fire Station are underway or completed. probably beginning
in 2020-2021.
1154
Phase I
Phase II
Phase III
Phase IV
Legend Exhibit 5-15: Conceptual Phasing Plan
Specific Plan — August 2006 5-25
Amended June 2020
November 2023 DRAFT
NTS
1155
5-26 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
Backbone infrastructure to serve all areas of Parkside
shall be installed by the developer(s) in accordance
with the City’s adopted Master Plan for the areas or any approved amendments to it. Infill service mains will be installed/constructed in phases as development proceeds and conditioned by the City Engineering Department to
support individual phases of development, which may
require installation of off-site infrastructure improvements beyond a given phase boundary.

Mass grading and installation of infrastructure to serve Parkside is anticipated to be completed in multiple phases.

The determination of which phase will be constructed
first, either Phase I or Phase II will be decided by the master developer and will be based on the availability
of the sewer trunk main which will serve the phase. The retail center development will be constructed when
there are a sufficient number of homes constructed to
support the development. It is anticipated that the fire station will be constructed before the first phase or at a subsequent phase determined by complying with the
City requirement of a 5-minute emergency response
time to the Parkside community. The mass grading for
each phase will include that portion of the Great Park
included within the phase boundaries. The fire station
(PA-20) was completed in early 2022. Refer to Exhibit
5-15: Conceptual Phasing Plan. .

Following completion of the mass grading and
infrastructure installation for the phase, the merchant builders will construct models for the product types
being sold and the recreation area and pocket parks
planned within that phase. The timing for installation
of infrastructure and utilities and the provision of public services for the residential development within Parkside will be determined as part of the City’s approval of
tentative maps or development plans. Facilities will be constructed and services available in a timely manner
as development progresses.
“Model Homes” shall meet the requirements of
Section 5.03.395B (Model Homes) of the Ontario
Development Code.
1156
Specific Plan — August 2006 6-i
Chapter 6: Development Regulations
Denver, Colorado: City Park, Indian Monument
1157
1158
Specific Plan — August 2006 6-1

6.0 Development Regulations

6.1 Introduction
The provisions contained herein will regulate design
and development within the Parkside Specific Plan
area. The regulations contained herein provide for the
development of all land use categories with development regulations established for residential uses, commercial uses, public use (fire station), parks and recreational facilities, and landscaping.

6.2 Definition of Terms
The meaning and construction of words, phrases,
titles, and terms shall be the same as provided in the
Ontario Development Code unless otherwise specifically
provided herein.

6.3 Applicability
The development regulations contained herein provide
specific standards for land use development for the
Parkside Specific Plan. Regulations address residential, commercial, public, and parks and recreation land uses.

General landscaping regulations are also provided.

Application of the following regulations is intended to encourage the most appropriate use of the land, ensure
the highest quality of development, and protect the
public health, safety, and general welfare. The adoption of this Specific Plan by ordinance supersedes otherwise applicable Ontario Development Code regulations unless
stated herein to the contrary. Whenever the provisions
and development standards contained herein conflict
with those contained in the Ontario Development Code,
the provisions of this Specific Plan shall take precedence.

Where the Specific Plan is silent, City codes shall apply.

These regulations shall reinforce specific site planning, architectural design, and landscape design guidelines
contained in Section 7, Residential Design Guidelines,
and Section 8, Commercial Design Guidelines, of this
Specific Plan.

6.4 Administration
The Specific Plan is adopted by ordinance and will serve as the implementation tool for the Policy Plan (General Plan) component of The Ontario Plan as well as the
zoning district for the site. The Specific Plan Development Regulations address general provisions, permitted uses, and development standards for the Specific Plan area.

6.5 Methods and Interpretation
Development within the Specific Plan shall be
implemented through the approval by the City of
parcel maps, tract maps, and development permits. The
administrative process described herein provides the
mechanisms for review and approval of development
projects within the project, consistent with the Specific Plan objectives.

6.6 General Site Development Criteria
The following general site development criteria shall apply to all land development proposed in the Specific Plan.

Gross Acres—Except as otherwise indicated, gross
acres for all development areas are measured to the
centerline of streets;
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6-2 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
Grading—Development within the site shall utilize
grading techniques as approved by the City. Grading
concepts shall respond to the grading design included
in this Specific Plan which guide the development of
land use toward the goal of providing for a livable
community with streets and entries designed for walking and resident interaction;
Structure Modification—Additions shall match the
architectural style of the primary unit and shall be
constructed of the same materials and colors as the
primary unit;
Utilities— All new and existing public utility distribution lines of 66 kV or less shall be subsurface throughout the planned community;
Technology—All homes and businesses shall
accommodate the most modern technology for internet
access, phone, fax, and television. Broadband fiber optics cable will be installed on all peripheral streets per the approved Broadband Master Plan;
Density—The Specific Plan Land Use Plan allocates a total number of units to each residential neighborhood as
indicated in the Table 4-1: Land Use Summary, included
in Section 4, Land Use. Variations in the number and type of dwelling units within each residential neighborhood
may occur at the time of final design of the neighborhood, depending upon the residential product identified for
development. Water and Sewer Technical Studies shall
be prepared for unit transfers that change the quantity and locations of sewer and water demands. If the net
changes impact the overall projected water or sewer
demands, or the sewer demands are transfered between
different Master Plan Trunk Sewer Tributary Areas
and Specific Plan Sewer Tributary Areas, then a Water
or Sewer Master Plan Amendment may be required.

Increases or decreases in allocation of residential units up to a maximum of 15 percent are permitted among the
planning areas within the Specific Plan area, provided
the total number of units established for the Specific
Plan area is not exceeded;
Maximum Number of Dwelling Units—The maximum
number of residential dwelling units permitted within
the Specific Plan shall be 1,947 2,851 dwelling units;
Measurement of Lot Widths—The measurement of the
width of the lots on curvilinear streets shall be taken from the front and rear setback lines. The front setback lines shall be displayed by dotted lines or by plotting the footprint of the dwelling unit; and
Encroachments—Buildings or parts of buildings, in
particular roof overhangs, shall not encroach into the
3-foot building setback from the property line.

6.7 Implementation
Development proposals within the Specific Plan area
shall be subject to the implementation procedures
established herein. The provisions and development
standards contained herein supersede those contained
in the Ontario Development Code. However, where
the development standards are silent, the Ontario
Development Code shall apply;
Severability—If any portion of these regulations is
declared to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining portions thereof. The legislative body hereby declares
that they would have enacted these regulations and
each portion thereof irrespective of the fact that any
one or more portions be declared invalid or ineffective; 1160
Specific Plan — August 2006 6-3
Ambiguity—Unless otherwise provided, any ambiguity
concerning the content or application of the Specific Plan shall be resolved by the Planning Director, in a manner consistent with the goals, policies, purpose and intent established in this Specific Plan; and
Deviation—Any major deviation from the design
guidelines within the Specific Plan shall require a Specific Plan Amendment. The Planning Director shall determine
whether a proposed change constitutes a major deviation.

6.8 Development Permit
All development projects within the Specific Plan shall be subject to the Development Plan Review Process
as established in on Table 2.02-1 Review Matrix of the
Ontario Development Code. Adoption of the Specific Plan by the City includes adoption of the design guidelines
contained within this Specific Plan. Where the Specific Plan design guidelines are silent, the design guidelines contained within the Ontario Development Code shall
apply. The design guidelines are intended to be flexible in nature while establishing basic evaluation criteria
for the review by the City of developer projects during design review.

Pursuant to these provisions, the Development Permit
process constitutes a design review of project architecture, site plans, and landscape plans. All development project applications shall include a landscape and irrigation plan describing plant materials and their growth habits, plant size and spacing, methods of irrigation and landscaping maintenance, site plans, architectural elevations, floor plans, grading plans and other requirements as specified by the City. Development permits will be approved with
conditions of approval.

6.9 Subdivision Maps
Approval of the Tentative Tract Map(s) and Parcel Maps
will create legal lots for development. All Tentative Tract Maps and Lot Maps will be reviewed and approved
pursuant to applicable provisions of Division 6.08
(Subdivisions) of the Ontario Development Code and
consistent with the applicable provisions contained
within this Specific Plan.

6.10 Specific Plan Modifications and
Amendments

6.10.1 Minor Modifications
The following constitute minor modifications to the
Specific Plan, not requiring a Specific Plan Amendment, and are subject to review and approval by the Zoning
Administrator. The Zoning Administrator shall have the
discretion to refer any such request for modification to the Planning Commission or the City Council.
• Change in utility and/or public service provider;
• An increase or decrease of more than 15 percent
to the number of units within an individual
neighborhood, provided the total number of units
for the entire Specific Plan areas does not exceed
that established in the approved Specific Plan;
• Adjustment of a phase boundary, provided the total
acreage of the affected area does not increase or
decrease by more than 20% of the total acreage
stated in the approved Specific Plan;
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6-4 Specific Plan — August 2006
• Minor changes to the design guidelines, which are
intended to be conceptual in nature only, and are
intended to be flexible in implementation; and
• Other modifications of a similar nature to those listed above, which are deemed minor by the Planning
Director, which are in keeping with the purpose and
intent of the approved Specific Plan and which are
in conformance with the General Plan.

6.10.2 Specific Plan Amendments
Amendments to the Specific Plan may be requested
by the applicant or by the City at any time pursuant to Section 65433(a) of the Government Code. Amendments
shall be processed pursuant to the provisions of the
Government Code for Specific Plan Amendments. In the
event the proposed amendment requires supplemental
environmental analysis pursuant to the California
Environmental Quality Act (CEQA), the applicant(s)
will be responsible for preparing the necessary CEQA
documentation.

6.11 Appeals
Appeals from any determination of the Zoning
Administrator shall be made to the Planning Commission.

The applicant(s) or any other entity shall have the right to appeal the decision of the Planning Commission on
any determination. Appeals shall be submitted by filing an application on forms provided by the City within
10 days following the final date of action for which an appeal is made. Appeals shall be processed consistent
with the provisions of Division 2.04—Appeals of the
Ontario Development Code.

6.12 Project Financing
Construction and maintenance of public improvements
and facilities to serve the Specific Plan will be financed through a combination of financing mechanisms including the use of public and private funds. In order for the
project to be fiscally self-sufficient the following options can be considered for implementation:

Maintenance
A lighting and landscape district can be implemented
in order to defray the costs associated with street
maintenance and street light costs.

Facilities and Services
A variety of other financing options can be considered
by the City for financing facilities and services to be provided within the Specific Plan area to include:
• Establishment of a Mello-Roos Community Facilities
District, which enables governmental entities to
finance public infrastructure on a tax-exempt basis;
• Special assessment districts;
• Benefit assessment financing for improvements
such as storm drains and street lighting; and
• Integrated financing districts such as landowner
assessments that are contingent upon development.

City Council approval is required for the establishment of all special district financing mechanisms. Establishment of a district would enable the City to levy a special tax and to issue bonds for the financing of improvements and/
1162
Specific Plan — August 2006 6-5
or services. Among the facilities that potentially could be financed are flood control, drainage, utilities, street improvements and other infrastructure, and related
facilities. The district provisions for those services would cover all phases, including planning, design, acquisition, construction, operations, and maintenance. These
assessments would only affect the subject portions
of this Specific Plan, and the debt service incurred by these assessments would be paid by landowners or
homeowners within the Specific Plan area.

6.13 Maintenance Responsibilities
The public and private improvements constructed within
the Specific Plan area will be maintained through a
combination of public and private entities as described below and in Table 3: Maintenance Responsibilities.

During the course of maintenance of public utilities
(including storm drain) within private and public streets, the City will pave the streets and restore landscaping
per City standards. Restoration of any enhancements
above and beyond City standards, including but not
limited to architectural, hardscaping, and landscaping
enhancements shall be the responsibility of the HOA
or other entity maintaining those enhancements. This
applies to all areas where public utilities are located including but not limited to public and private streets, gated communities, alleys, etc.

6.13.1 Public Maintenance
Water, recycled water, and sewer utilities may be
designated as “public utilities” if located within public or private streets. All public utilities within private streets shall be designed and constructed per City standards
and contained within acceptable easements. The CC&RS
shall contain language that requires all proposed work by the HOA within said easements to be plan checked and
inspected by the City, including applicable fees. Generally, utilities will not be accepted as public within alleys, parking areas or driveways. Utilities within commercial and industrial parking lots and loading areas shall be
designated as private. The extent to which said utilities would be accepted as public utilities shall be determined, at the full discretion of the City, during final design plan review. Refer to Table 6-1: Maintenance Responsibilities.

6.13.2 Homeowner Association
Refer to Table 6-1: Maintenance Responsibilities.
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6-6 Specific Plan — August 2006
Amended June 2020
Table 6-1: Maintenance Responsibilities
City
CFD
Private Homeowners
Association (HOA)
Private
(Homeowner/
Property Owners)
Utility
Entity
Master Plan Roadways
• (Archibald Avenue, Eucalyptus Avenue, Ontario Ranch
Road, Hellman Avenue, Carpenter Avenue)
• Parkways and Neighborhood Edges (curb to perimeter walls including landscape, sidewalks, trees)
• Community Theme Wall and Entry Monuments (outside face for graffiti removal and paint)
X
Monument Signs (within Neighborhood edges) X
Traffic Signals/Street Lights X
Traffic Control Signs (Public) X
Public Roadways X
NPDES Facilities on Arterial Streets (Off-site) X
Entry Streets (curb to perimeter walls including landscape, sidewalks, trees) X
Interior Project Streets (curb to curb Primary Entry Street, Secondary Entry Streets, Local Streets) X
Regional Park X
Community Trail (Cucamonga Creek Channel Trail) X
Off-site and In-tract water, sewer, and storm drain improvements (only those facilities in public roads and those in private streets within public utilities easements that meet public improvement design criteria)
X
Police X
Fire X
On-site water, sewer, and storm drain improvements
(improvements that are: private, laterals, and lines behind meters and/or DCDAs, improvements serving only one lot/ parcel, not within public or private roads, not within public utility easements, or not meeting public improvement design criteria)
X X
Private Streets in Gated Multi-Family and SFD Complexes X Parkways of Interior Project Streets (landscaping, sidewalks, trees and includes restoration work following public street repairs) X
Interior Tract Graffiti Removal X
Private Recreation Areas X
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Specific Plan — August 2006 6-7
Amended June 2020
City
CFD
Private Homeowners
Association (HOA)
Private
(Homeowner/
Property Owners)
Utility
Entity
Monument Signs within tract entry X
Traffic Control Signs (Private) X
Lanes (Private Alleys) X
Pocket Parks X
Paseos X
Landscaped Common Areas X
Community Theme Wall and Entry Monuments on Master Planned Roadways: Surface (interior) opposite street side (structural integrity and face repairs)
X
Lane (Private Alley) Landscaping and Lighting X
Interim Detention Basin X
NPDES Facilities (On-site) in Public Right-of-Way X
Front Yard/Corner Street Side Landscaping Areas X
Private Interior Yard Walls X
Private Exclusive Use Landscaped Areas X
Driveways and Parking Areas Serving Commercial X
Communication Systems X X
Electricity X
Natural Gas X
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6-8 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT

6.14 Residential Development Standards

6.14.1 Residential Detached
General
This category includes the development of all singlefamily detached dwelling units. The purpose of the residential standards for single-family detached housing is to establish the minimum criteria for the development of these product types in cluster configurations within the neighborhoods specified within the Specific Plan.

Additional residential design guidelines can be found
in Chapter 7.0: Design Guidelines.

Permitted Uses
• Single-family detached dwellings, and their
accessory uses;
• Public or private parks, recreational buildings,
newsstands, coffee concessions and sales of grocery
items, greenbelts, or open space;
• Accessory uses to include the following:
• Garages (minimum 2-car);
• Second Accessory Dwellings, in accordance with
the Ontario Development Code;
• Home occupations;
• Swimming pools, spas, sports courts, and other
similar outdoor recreational amenities;
• Patios and patio covers;
• Storage, garden structures, cabanas, and
greenhouses.
• Monument signage;
• Temporary uses such as model home and
subdivision sales trailers; temporary construction
parking, offices, and facilities; real estate
signs, signage indicating future development,
marketing signage, and directional signage;
• Second story additions to existing single story
dwelling units; and
• Child care facilities up to 7 children.

Conditionally Permitted Uses
• Places of worship; and
• Child care facilities/day care facilities (8-14 children).

Determination of Use
Uses not specifically listed may be deemed permitted
subject to a “Determination of Use” as provided for in
Section 1.02.010 of the Ontario Development Code.

Parking Reduction Allowance
A reduction of garage parking sizes may be permitted
by allowing for a reduction in length or width but not
both. Deviations shall be limited to the percentage
that is needed to support the development plan and
for apartment use only with an approved parking
management plan.
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Specific Plan — August 2006 6-9
Amended June 2020
November 2023 DRAFT

6.14.2 Residential Attached
General
The category includes the development of all multifamily attached dwelling units. The purpose of the residential standards for multi-family attached housing is to establish the minimum criteria for the development of these product types in street facing and cluster
configurations within the neighborhoods specified
within the Specific Plan.

Permitted Uses
• Multi-family attached dwellings, and their accessory
uses;
• Public or private parks, recreational buildings, coffee concessions, greenbelts, or open space; and
• Accessory uses to include the following:
• Garages;
• Senior apartments, townhomes, and/or
condominiums;
• Home occupations;
• Swimming pools, spas, sports courts, and other
similar outdoor recreational amenities;
• Patios and patio covers;
• Storage, garden structures, cabanas, and
greenhouses;
• Monument signage;
• Temporary uses such as model home and
subdivision sales trailers; temporary construction
parking, offices, and facilities; real estate
signs, signage indicating future development,
marketing signage, and directional signage;
• Second story additions to existing single story
dwelling units;
• Child care facilities up to 7 children; and
• Accessory Dwelling Units (in accordance with the
Ontario Development Code).

Conditionally Permitted Uses
• Religious Assembly; and
• Child care facilities/day care facilities (8-14 children).

Determination of Use
Uses not specifically listed may be deemed permitted
subject to a “Determination of Use” as provided for in
Section 1.02.010 of the Ontario Development Code.

Multi- family rental developments within a master
plan area that utilize garage spaces to completely fulfill their covered parking requirement may deviate from
standard garage dimensions (interior clear area) by a
maximum of 2 feet in width or 1 foot in length, with an approved parking management plan. Up to 33% of the
total garages for the project may receive the reduction.

Driveway Length Reduction Allowance
Driveway length standard is 5 feet or less or 18 feet
or more to discourage uncovered parking spaces that
are not designed to accommodate vehicular parking.

Multi- family rental developments within a master plan
1167
6-10 Specific Plan — August 2006
area that utilize garage spaces to completely fulfill their covered parking requirement may deviate from standard
driveway lengths for no more than 10% of the project’s
driveways.
(For Apartment Use Only)
• Up to 10% of the driveways may be non-standard.

Non-standard pertains to lengths between 5 feet
and 12.5 feet.
• Up to 33% o f the garages may be a non-standard
sized. Multi-family rental developments within
a master plan area that utilize garage spaces to
completely fulfill their covered parking requirement
may deviate from standard garage dimensions by a
maximum of 1 foot in width and 2 feet in length per
stall. All other requirements found in this Specific
Plan and the Ontario Code shall apply.

6.15 Neighborhood Center Commercial
Land Use Development Standards
General
This section sets forth the development regulations
for development of commercial land uses within the
Specific Plan.

Permitted Uses
• Bakery (Retail);
• Barber Shop and Beauty/Nail Salon;
• Book Stores;
• Camera and Photographic Supply Stores;
• Clothing and Accessory Stores;
• Convenience Market;
• Daycare Facilities (Single-Family), 8 or less children; • Delicatessen;
• Dry Cleaner;
• Electronics and Appliance Stores;
• Florist;
• Jewelry and Watches/Clocks;
• Laundry – Self-Service;
• Locksmith/Key Shop;
• Police Storefront/Sub-Station;
• Satellite dishes/Ham Radio Antennas (private use);
• Shoe Repair;
• Specialty Food Stores;
• Tailor; and
• Travel Agency
Conditionally Permitted Uses
• Alcoholic Beverage Sales;
• Commercial Day Care Facility (including Adult Day
Care);
• Banks, Credit Unions and Other Depository
Institutions;
• Church;
• Money Transmitting;
• Other Financial Services;
• Police/Fire Station;
• Recreation Center; and
• Senior Citizen Center
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Specific Plan — August 2006 6-11
Table 6-2: Neighborhood Commercial Development Standards Minimum Site Area
7 acres, unless developed as part of an integrated commercial center. Minimum lot size shall be large enough to accommodate the proposed use and meet all Development Standards as specified within the Specific Plan.

Maximum Development Floor Area Ratio (FAR) .35
Minimum Building Setbacks (1)(2)
• From Public Street Property Lines 20 ft.
• From Private and Local Street Property Lines 15 ft.
• From Interior Property Lines 0 ft.
• From Interior Property Line Adjacent to Residential
District
25 ft.
• From Ontario Ranch Rd. Right-of-Way 35 ft.
• From Archibald Ave. Right-of-Way 19 ft.

Parking & Drive Aisle Setbacks(1)
• From Public Arterial Streets (R/W) 25 ft.
• From Private and Local Streets & Drive Aisles to
Bldgs. (R/W)
10 ft.
• From Interior Property Line 5 ft.
• From Rear Property Line 5 ft.
• From Interior Property Line Adjacent to Residential
District
5 ft.
• From Ontario Ranch Rd. Right-of-Way 35 ft.
• From Archibald Ave. Right-of-Way 19 ft.

Minimum Landscape Coverage 15%
Maximum Building Height
• Main Building 35 ft.

Architectural Projections and Focal Elements
such as Towers, Cupolas, and other(3) 55 ft.

Porte-Cocheres (4) 1-story
Other Development Regulations
• Walls, Fences & Hedges When a non-residential use adjoins a residential district, a 6-foot high masonry wall shall be required at the interior side or rear property lines.
• Parking Per Division 6.03 (Off-Street Parking and Loading), Ontario Development Code • Screening
All loading areas shall be screened from adjacent public streets and residential and open space uses through the use of landscaping, earthen berms, decorative walls, or fencing. All storage, including cartons, containers, materials or trash shall be shielded from view within a building or area enclosed by a solid fence or wall not less than 6’ in height.

All roof-mounted equipment, including but not limited to, mechanical equipment, satellite dishes, tanks, ducts, towers, and all equipment appurtenant thereto, shall be screened on all sides from public view from the street adjoining properties, and neighboring residential units, by a parapet wall, decorative enclosure, or other architectural element. Equipment screening shall appear as an integral part of the structure architecture.
• Lighting All interior and exterior lighting shall be directed away from residential and open space uses. (1) All setbacks areas shall be landscaped.
(2) All setbacks are measured to habitable area, not architectural appurtenance or projection. An architectural projection is defined as an element that articulates the building elevation such as eaves, window and door pop-out surrounds, bay windows, pot shelves, chimneys, enhanced window sills, shutter detail, window trim, and balconies, and other similar elements. Such elements may project a max. of 3’ into setback areas. Building setbacks shall be determined by the hierarchy of streets (major arterial and local streets) and measured from PL for local streets and RW for major arterials. (3) Architectural elements are not to be used for signage, subject to Planning Director approval. Within commercial areas, towers and vertical projections are limited in size to 10% of the total building square footage.
(4) Porte-Cocheres shall be open on three sides.
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6-12 Specific Plan — August 2006

6.17 Landscape Standards

6.17.1 General Provisions
• All landscape plans, streetscape plans, and graphic
designs which create neighborhood identity or
enhance entry monuments shall conform to the
design guidelines and regulations as set forth
herein and shall be subject to review and approval
by the City;
• The landscape/streetscape improvements for the
Specific Plan area shall establish a landscape theme
reminiscent of the regional landscape character of
the surrounding area;
• Installation of landscaping within the front yards
of single-family detached housing products will be
provided by the home builder. Front yard landscaping
shall be installed prior to Certificate of Occupancy;
• Installation of landscaping in residential areas of
Parkside may be provided by the home builder,
based on future landscape plans submitted to the
City during site plan review;
• Installation of landscaping within the commercial
area of the Specific Plan will be provided by the
developer/builder; and
• All loading areas shall be screened from adjacent
public streets, and residential and open space use
through the use of landscaping, earthen berms,
and/or decorative walls or fencing. All storage
including cartons, containers, materials, or trash
shall be shielded from view within a building or
area enclosed by a solid fence or wall not less than
6 feet in height.

Determination of Use
Uses not specifically listed may be deemed permitted
subject to a “Determination of Use” as provided for in
Section 1.02.010 of the Ontario Development Code.

Design Guidelines
Prior to the approval of the first site development permit and/or lot map within the Community Commercial land
use area, a detailed set of design guidelines for the area shall be submitted by the developer and approved by
the City.

6.16 Public Use (Fire Station)
Development Standards
General
This section sets forth the development regulations
for development of the Fire Station land use in the
Specific Plan.

Permitted and Conditionally Permitted Uses
Permitted uses are as defined in Table 5.02-1: Land
Use Matrix under the CIV (Civic) Zoning District of the Ontario Development Code.

Determination of Use
Uses not specifically listed may be deemed permitted
subject to a “Determination of Use” as provided for in
Section 1.02.010 of the Ontario Development Code.
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6.17.2 Landscape Standards
• Landscaping within the Specific Plan shall be
provided in accordance with the Design Guidelines
for Streetscapes and Entries utilizing plant materials
specified on the Plant Palette included in Section
7, Residential Design Guidelines, and
• Section 8, Commercial Design Guidelines, established
for the Specific Plan.
• Boundary landscaping will be required adjacent to
residential, commercial, park, and public (fire station) areas. Landscaping shall generally be placed along
the entire property line; and
• Landscaping and irrigation systems within the
public rights-of-way of the Specific Plan area shall
be installed by the developer.

6.17.3 Walls and Fences
• Freestanding perimeter walls and view fencing
shall be provided within and at the perimeter of
the project as specified in the Exhibit 40 Wall and
Fence Master Plan, Section 7, Residential Design
Guidelines. Such walls and fences will be constructed
concurrently with the construction of improvements
required for development of the neighborhoods of
the Specific Plan;
• Walls and Fencing—Perimeter walls shall be
constructed in locations and of a design consistent
with the Residential Design Guidelines and the
Fence and Walls Plan, Exhibit 7-26, and Fence and
Wall Details, Exhibits 7-27 through 7-30, provided
in Section 7, Residential Design Guidelines, and
shall not exceed 6 feet in height from finished
grade. Perimeter walls may exceed 6 feet in height
if required for sound attenuation. Perimeter walls
shall be constructed of either decorative masonry
(both sides) or other permanent, durable, low
maintenance material subject to approval by the City;
• Residential—Side and rear yard walls and fencing
shall not exceed 6 feet in height from the highest
adjacent finished grade. Walls and fencing within the
residential front yard setback area shall not exceed
3 feet in height. Walls shall be decorative masonry
construction (both sides) or other permanent low
maintenance materials. Front yard fences may
be constructed of attractive, durable materials,
including, but not limited to, wrought iron with
pilasters, textured concrete block, formed concrete
with reveals, or other materials approved by the
Planning Director. View fencing may be of a decorative
wrought iron, glass panels, or other durable material
subject to approval by the City;
• All perimeter wall and fence materials throughout
the Specific Plan area will be of uniform manufacture
with colors specified for the overall design theme;
• All interior walls (both sides) that are visible from the public street shall be constructed of attractive,
durable materials, including, but not limited to,
wrought iron with pilasters, textured concrete block,
formed concrete with reveals, or other materials
approved by the Planning Director. Colors shall be
consistent with the colors specified for the overall
design theme and shall be decoratively capped.

Decorative all-weather vinyl fencing may be permitted
for compact small lot product, subject to Planning
Department review and approval;
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• The developer will provide site inspection of all
construction and installation of open space areas
in accordance with City requirements;
• Parking lot landscaping within commercial areas
shall be required in accordance with Division 6.05
(Landscaping) of the Ontario Development Code;
• Non-toxic and non-invasive vegetation shall be
utilized adjacent to all public open space areas; and
• All landscaping features shall comply with City
requirements for sight distance.

6.18 Signage
A Master Sign Program shall be submitted by the
developer(s) of each land use component for the Specific Plan and approved by the City pursuant to Division

8.0 (Sign Regulations) of the Ontario Development
Code to address residential project entries, residential neighborhood identification signs, commercial center
identification, tenant signage, and “way-finding” signs within the Specific Plan area. All other signs shall be subject to the approval of a sign permit pursuant to
the Ontario Development Code. All traffic-related signs shall conform to City Traffic and Transportation Design Guidelines and California Manual of Uniform Traffic
Control Devices (MUTCD), latest editions.

6.18.1 Master Sign Program Contents
All sign programs shall address, at a minimum, the
following:
• Permitted signs;
• Prohibited signs;
• The hierarchy of signage;
• Definition of types of signs;
• Locations and dimensions for monument signs,
neighborhood identification signs, and public
facilities signs;
• Locations and dimensions of directional signage;
• Provisions for size, location, and duration of display of temporary signs;
• Permitted sign types, styles, construction materials, colors, and lettering styles;
• Requirements for a sign permit application;
• Procedures for obtaining approval of a sign
permit; and
• Procedures for amendments to the sign program.

6.19 Private Recreational Facilities
This category includes the development of all private
recreation facilities and is subject to the Development Permit process contained herein.

As consistent with Sections 5.7 and 7.5.2, all project
sites shall be designed to meet all the Integrated Waste Department’s requirements, including the requirements
for Sizing of Storage, Location of Collection Area,
Accessibility for Collection Vehicles, and Collection of Sorted/Diverted Waste Types.
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Chapter 7: Residential Design Guidelines
New York City, New York: Central Park
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7.0 Residential Design Guidelines

7.1 Introduction
The historical character of the Ontario area is partly
traditional and agricultural, but being on the path of
the advancing railroad, the later automobile Route 66
and eventually Ontario International Airport, Ontario
has also typically been associated with transit and
forward-moving progress.

The proposed community design integrates the traditional character of the past with a plan which provides a
variety in housing choices that serve the needs and
lifestyles of today.

Parkside has been designed as a planned community
“in the park.” The Great Park is the key organizational element for the entire community. With a focus on
promoting a pedestrian friendly, healthy lifestyle, the Great Park area is within less than a ¼ mile walk from
all neighborhoods in the community.

Community Overview
Community design elements include:
• The Great Park;
• Neighborhood Commercial;
• A wide variety of home sizes and plans to fulfill the needs of different life stages, in gated and non-gated
neighborhoods;
• Tree-lined neighborhood streets with curb-separated
sidewalks and generous plantings in parks and
open spaces;
• Private recreational facilities;
• A network of sidewalks and multi-purpose trails
that link all neighborhoods to parks, open spaces,
schools and nearby retail; and
• Nearby connections to local, regional, and global transit.

The community character is inspired by:
• The charm and tradition of Ontario’s historic
downtown neighborhoods and an eclectic mix of
architectural styles;
• The simple, yet stately landscape along Euclid Ave.
and the region’s agricultural heritage; and
• Environments that encourage wellness by
providing opportunities for pedestrians and
outdoor physical activity.

Community entries along Archibald Ave., Ontario Ranch Rd., Eucalyptus Ave., and Carpenter Ave. will be announced
with community character monuments and entry
statements. Signage, lighting and monuments will reflect an identifiable community character.

7.1.1 Guiding Principles
The following guiding principles have been created to
develop architecture that reflects quality in design,
simplicity in form and plan, and contributes charm
and appeal to the single-family and multi-family
neighborhoods of Parkside.
• The home, not the garage, is the primary focus of
the front elevation. A variety of garage placements is
encouraged to emphasize the pedestrian environment
as opposed to the automobile;
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• A variety of compatible architectural styles are provided to ensure a degree of individuality throughout;
• Appropriate massing and roof forms play a major
role in defining architecture styles, roof framing
related to each plan vs. individual elevations;
• Architectural elements, details, and appropriate
color palettes are used to reinforce individual
architectural styles;
• Rear elevations visible to the public viewshed should provide articulated walls, windows, and varied roof
profiles, all defining a level of quality in detail and interest in neighborhood architecture; and
• Selected architectural styles are related to those
historically represented in Ontario. These are:

Farmhouse, Cottage, American Colonial, American
Traditional, Craftsman, Andalusian, Spanish Colonial,
Tuscan, and Provence. Modern interpretation
of traditional styles, such as Adaptive American
Traditional, Adaptive Farmhouse, Adaptive
Mediterranean and Contemporary are permitted.

7.2 Architectural Styles

7.2.1 Introduction
The style information on the following pages provides the builder and design consultants with the tools to create functional and attractive architectural designs without using gimmicks or sacrificing the integrity of the style.

Authenticity
The design criteria encourage a high quality of architecture and reasonable level of authenticity of styles through the use of appropriate elements. Although detail elements
may be used to further convey the character of a style, the overall massing and appropriate roof forms should be used to establish a recognizable style. Proper scale and proportion of architectural elements and appropriate
choice of details are all factors in achieving authenticity.

7.2.2 Architectural Philosophy
Looking back to Ontario’s older, established neighborhoods for inspiration, the design intent is to re-capture the charm and essence of these original home styles and express
them in the simple, honest manner that they originated.

These homes reflected function and tradition, simplicity in massing, plan and roof forms, and authentic, regional styles. Additional more progressive styles that also reflect this charm are also allowed in Parkside. Neighborhood
parks, sidewalks, parkways, and street trees will add to the traditional feeling in these neighborhoods.

Design Character
The design character will be one of hometown appeal
characterized by simple, yet charming homes, curb
separated sidewalks, and parkways lined with street trees.

Homes and streetscenes will reflect an overall feeling of quality and tradition. The architectural palette of styles has a regional historic background but includes more
modern styles to reflect with the character of Ontario. 7-2
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7.2.3 Architectural Styles
Architectural Style/Plan Mix - Planning Areas 5-18
An important goal in this community is to develop
small, varied, and interesting streetscenes. Typically, the neighborhoods will consist of 80-100 dwelling units.

In order to achieve dynamic streetscenes the following
architectural style and plan requirements must be met
according to the number of homes in a neighborhood:

All single-family detached neighborhoods shall provide:
• A minimum of 4 plans and 3 elevations for
neighborhoods of more than 100 homes;
• A minimum of 3 plans and 3 elevations for
neighborhoods of 100 homes or less; and
• A minimum of 4 different color schemes per number
of architectural styles used.
• Exception: PA-17 and PA-18. PA-17 and PA-18 are
permitted to have one color scheme and one
architectural theme.

For attached home criteria, refer to Section 7.5.

Planning Areas 1-4 (Integrated Neighborhood)
PA 1-4 is envisioned to provide home types that are
more attainable then the traditional larger lot homes.

Simple yet sophisticated building forms mixed with
smaller square footage that efficiently and effectively utilize less room will help to accomplish this goal. These features help in providing elegant yet cost effective
dwellings for a greater market base. PA 1-4 is proposed to be an Integrated Neighborhood that shall provide a
minimum of 3 product types.

PA 1-4 Integrated Neighborhood shall provide:
• A minimum of 3 plans and 3 elevations for the
Neighborhood; and
• A minimum of 4 different color schemes per number
of architectural styles used.

Cluster Homes Style/Plan Mix - Planning Areas 5-18
Cluster Homes plotting generally results in the same
1 or 2 plans being repeated along the street front. To
support varied neighborhood streetscenes, each Cluster
Home neighborhood shall provide:
• A minimum of 3 significantly different styles per plan.

Although the styles shall be significantly different,
they shall be coordinated to provide a harmonious
and cohesive neighborhood preferably from a family
of related architectural styles; and
• A minimum of 4 different color schemes per number
of plans.

Number of plans and elevations shall not be regulated
for interior units; the above standards shall apply to
any unit plotted along (facing or siding on to) a street more than one time.
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Architectural Styles
Every neighborhood will be comprised of a variety of
architectural styles selected from the following palette of styles. There is a Menu of Common Features listed
with each style that should act as a guide for design.

Every feature does not have to be included in the
architecture, but the features listed are characteristic to each style and may be used as appropriate to create
authentic and identifiable elevations. Additional styles may be proposed; however, they must follow the same
principals and attention to detail as the specific styles here. These additional styles may be added with the
review and approval of the Design Advisory Board.

American Heritage Style Series
This series represents traditional American styles found throughout the country. The architectural form and design elements of these styles descend from the first homes built in the New England colonies in the 17th century. This traditionally influenced American Heritage series became part of the
early California vernacular as the new state experienced an influx of money and population from the East Coast during the gold rush era of the mid-19th-century. Styles within this series include the following:
• American Colonial
• American Traditional
• Farmhouse
California Heritage Style Series
California Heritage styles re-interpreted architectural lifestyle choices with the addition of Western materials and innovation while retaining the decorative detailing of exposed wood work, wrought iron hardware, and moldings. Craftsman style homes may use specialized wood working and siding materials to create beautifully simple homes suited to the desirable California landscape. Representing one of California’s true vernacular styles, the adobe ranch style evolved using native materials and considerations of climate and lifestyle. Styles within this series include the following:
• Craftsman
Mediterranean Heritage Style Series
The Mediterranean heritage style series include
transplanted styles developed in a climate zone similar to the climate found in California. The Mediterranean
styles are not strictly European, but rather American
stylization of European landmarks and residences that
were popular in the late nineteenth century. Primarily
stemming from Italian, French and Spanish influences,
these styles are principally based on simpler and informal residential living styles of country settlements or old world villages. Their appeal is in their informal, rustic character expressed in warm colors, textures and
materials. Although residential adaptations were less
formal, sometimes traditional classical elements are
included. Styles within this series include the following:
• Andalusian
• Provence
• Spanish Colonial
• Tuscan
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Revival Style Series
Southern California residential neighborhoods of the 1920s and 1930s captured this aesthetic particularly well, translating a vital mix of people and ideas into an architecture of variety and comfort. These communities can be said to have no
inherent style, but instead are interpreted through a number of disciplines to form residences both singular and appropriate to the area. This method of architectural expression can be loosely referred to as “revival,” yet is perhaps more aptly described by its atmosphere, which is relaxed and casual.

As a result, these areas manage to retain the romance of their stylistic roots yet remain relatively free of their basic cultural idioms. It is no coincidence then that we can find in these neighborhoods a true evocation of the Southern California aesthetic; one which represents creativity, diversity, imagination, and openness. Styles within this series include the following:
• Cottage
Millennium Style Series
The Millennium Collection represents subtle differences in the architectural vocabulary using creative interpretation of traditional styles utilizing exaggerated statements and details to express an iconic style in a new vocabulary. Elevations can be abstracted architectural expressions of a recognizable style.

These elevations are encouraged to push the artistic envelope of design to incorporate new, modern or alternative forms, details and materials in the modern context of architecture.

Styles within this series include the following:
• Adaptive American Traditional
• Adaptive Farmhouse
• Adaptive Mediterranean
• Contemporary
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1179
American Colonial
This classic American style descended directly from the first homes built in the New England colonies in the 17th century. Their beginnings were as small and unpretentious as the one story saltbox, favoring the cultures and traditions of the settlements.

As living functions became more defined and prosperity increased, so did the need for additional space. Second stories with overhangs, dormers and gabled roof forms became favored solutions, later evolving into classic elements of this traditional American style. Wood shutters and an enhanced entry element and/or trim are the finishing details for an otherwise simple and functional form.

Shutters
Enhanced entry
Siding
Wood porch
columns and rails
Front to back
gable roof
7-6 Specific Plan — August 2006
Amended June 2020 1180
Vertical Multi-Pane Windows with Shutters Accented Entry Simple massing with a Red Door Element Menu of Common Features
Form • Simple plan form and massing • Added dormers
• Enhanced plan forms
Roof
• 4:12 to 12:12 roof pitch
• 12” to 18” overhang
• Simple front to back gable roof
• Architectural quality asphalt shingles or shingle texture flat concrete tiles
• 12” to 24” overhang
• Shed or pitched roof dormers
Walls
• Horizontal siding may be combined with stucco.
• All material changes must occur at an inside corner or logical end (return block wall/fence).
• Wrapped horizontal siding elements on sides and/or
rear elevations in high visibility public view areas
• Brick as a face material or accent material
Windows
• Vertical multi-paned window at front elevations
• Multi-paned window on side and rear elevations in high visibility public view areas
• Vinyl wrapped windows
• Bay windows
• Dormer window in roof
Details
• Simplified cornice trim at gable ends
• Wood porch columns and rails
• 2 x 6 window and door trim - wood on siding, foam on stucco • Enhanced entry element such as a covered porch
• Surface mounted fixtures on front elevations must complement architectural style
• Shutters, enhanced window trims, louvered
attic vents
• Garage door patterns to complement style
• Neoclassic columns or stucco posts at entry
Colors
• Field: Pastels, whites, light earth tones, off-whites, or dark earth tones
• Trim: Light or dark in contrast to field
• Accents: Whites, light tones, or medium to dark tones in contrast to field, grayed or dark greens, blues, reds or black Specific Plan — August 2006 7-7
Amended June 2020 1181
American Traditional
The American Traditional style as manifested in Southern California was often realized as an East Coast derived expression with Cape Cod influences, and displayed the aspects of practicality and functional elegance. This expression evolved from early Colonial beginnings and truly began to proliferate as an American building style from the 1850s to the early 20th century. In Southern California, the style was employed from the foothill neighborhoods of Pasadena to Los Angeles communities such as Westwood and was occasionally used in combination with the Monterey and Ranch styles to create homes which opened to the exterior gracefully yet retained a sense of formality and reserve.

Features of this style include simple gable roof forms, louvered shutters, and articulated entry surrounds. Dormers and second-floor wood decks are also occasionally used.

Horizontal
siding
Shuttered
windows
Dormered
windows
Feature
window
Columns
7-8 Specific Plan — August 2006 1182
Element Menu of Common Features
Form • Asymmetrical massing with a vertical and a horizontal break • Recessed 2nd floor • Vertical and horizontal breaks in massing
Roof • 4:12 to 12:12 roof pitch
• 16” to 24” overhangs
• Concrete roof tile - flat or shake appearance
• Front to back gable or hip roof with intersecting hip or gable roofs
• Multiple intersecting hip or gable roofs at first and second floors
Walls • Stucco with horizontal siding accents allowed
• All material changes must occur at an inside corner or logical end (return block wall/fence).
• Wrapped horizontal siding elements on sides and/or
rear elevations in high visibility public view areas
Windows • Vertical multi-paned window at front elevations • Multi-paned window on side and rear elevations in high visibility public view areas
• Vinyl wrapped windows
• Round top accent or bay windows
Details • Simplified cornice trim at gable ends
• Header window wood accent trim
• 2x6 window and door trim - wood on siding, foam on stucco • Surface mounted fixtures on front elevations must
complement architectural style
• Full wood porches and/or wood balconies
• Garage door patterns to complement style
• Square wood columns with trim
• Wood window pot shelves
• Brick veneer or stucco chimney wrap
Colors • Field: Whites, off-white, dark or light colors • Trim: White or contrasting with field color
• Accents: White, light or dark colors in contrast or harmony with field color
Specific Plan — August 2006 7-9
Amended June 2020 1183
Farmhouse
The American Farmhouse represents a practical and picturesque country house.

Its beginnings are traced to both Colonial styles from New England and later the Midwest. As the American Frontier moved westward, the American Farmhouse style evolved according to availability of materials and technological advancements, such as balloon framing.

Predominant features of the style are large front and/or wrapping porches with a variety of wood columns and railings. Two-story massing, dormers and symmetrical elevations occur most often on the New England Farmhouse variations. The asymmetrical, casual cottage look, with a more decorated appearance, is typical of the Midwest American Farmhouse. Roof ornamentation is a characteristic detail consisting of cupolas, weather vanes and dovecotes.

Dormer
Horizontal
siding
Main gable roof with one or two
intersecting gable roofs
Shutters
Porches with
wood columns
& wood railings
7-10 Specific Plan — August 2006 1184
Full to Partial Width Front Porch Shutters with Horizontal Siding Accents Siding Accents Element Menu of Common Features
Form • Simple plan form massing and simple roof design
• Main gable roof with one or two intersecting gable roofs • 12” to 16” overhangs with open eaves Roof
• 4:12 to 12:12 roof pitch
• Front to back main gable roof
• 12” to 16” overhangs with open eaves
• Wrapped horizontal siding elements on sides and/or
rear elevations
• Tiles with smooth flat or shingled appearance
Walls
• Horizontal siding may be combined with stucco
• All material changes must occur at an inside corner or logical end (return block wall/fence).
• Wrapped horizontal siding elements on sides and/or
rear elevations in high visibility public view areas
Windows
• Vertical multi-paned window at front elevation
• Multi-paned window on side and rear elevations in high visibility public view areas
• Vinyl wrapped windows
• Bay windows
• Header trim at front windows
• Single hung windows at front
Details
• Porches with simple wood columns and wood railings
• Shaped wood columns, wood windows and/or
door trim
• Min. 2x4 window and door trim - wood on siding, foam
on stucco
• Shutters & layered header trims at front elevation
• Cupolas or dormers
• Surface mounted fixtures on front elevations must
complement architectural style
• Garage door patterns to complement style
• Stone/brick/stucco chimney wrap
• Pot shelves, louvered attic vents
Colors
• Field: Whites or light shades of blue, yellow, green, beige or gray
• Trim: Whites or light shades complementary to field color • Accents: Medium to dark shades in contrast with field color Specific Plan — August 2006 7-11
Amended June 2020 1185
Craftsman
The Craftsman style was inspired by the English Arts and Crafts Movement of the late 19th century. Of the utmost importance was that all exterior and interior elements received both tasteful and “artful” attention. The movement influenced numerous California architects such as Greene and Greene, and Bernard Maybeck.

The resulting Craftsman style responded with extensive built-in elements and by treating details such as windows or ceilings as if they were furniture. The style was further characterized by the rustic texture of building materials, broad overhangs with exposed rafter tails at the eaves and trellises over the porches. The overall affect was the creation of a natural, warm and livable home. In Southern California, the Craftsman style spun out of bungalows that were the production home of the time.

Tapered column
Vertical divided lite
windows
Shallow-pitched roofs
with deep overhangs
Stone, stucco
and siding
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Amended June 2020 1186
Front Porch with Battered Columns Gabled Roof with Deep Overhang Vertical Divided lite Windows Element Menu of Common Features
Form • Simple 2 story boxed massing with vertical and horizontal breaks • Varied plan shapes Roof
• 4:12 to 6:12 roof pitch
• 16” to 24” overhangs
• Flat concrete tile - shingle appearance
• Basic gabled roof - side to side with cross gables
• Varied porch roofs - shed or gabled
• 16” to 24” overhangs
Walls
• Horizontal siding - may be combined with stucco. All material changes must occur on inside corner
• Stone base accents on walls and/or porch
• Wrapped horizontal siding elements on sides and/or rear elevation • Shingle siding used as an accent treatment
• Battered wall accents
Windows
• Vertical multi-paned window at front elevation
• Multi-paned window on side and rear elevations in high visibility public view areas
• Vinyl wrapped windows
• Use windows individually or in groups
• Single hung windows at front elevation
• Feature ribbon windows 3 or more
Details
• Entry porches with heavy square columns or posts on stone or brick piers
• Shaped wood header trim at windows and doors - wood on siding, foam on stucco
• Simple knee brace
• Surface mounted fixtures on front elevations must
complement architectural style
• Garage door patterns to complement style
• Stone and brick base accents
• Open eave overhangs with shaped roof rafter tails
• Full porches with heavy square columns or posts on
stone piers
• Classically styled columns or battered columns
• Blended stone and brick chimney
• Wood trim at doors and windows
• Decorative ridge beams and purlins
• Triangulated knee braces
Colors
• Field: Light to dark earth tones
• Trim: Light to dark earth tones in harmony or contrasting with field • Accents: Light to dark earth tones in contrast with field Specific Plan — August 2006 7-13
Amended June 2020 1187
Andalusian
The Andalusian style is an adaptation of the farmhouses and cottages found in the rural areas throughout Andalusia in southern Spain. Enriched with details and elements derived from Moroccan, Moorish, and classical Roman architecture this style represents a simple, yet elegant blend of cultures.

The informality of rural life originally inspired a simple, rectangular form that evolved organically over time to meet the spatial needs of the owner. Subsequent massing was typically similar in form, but changed in dimension with new functions and arrangement of spaces. The resultant irregularity in massing and appearance adds to the charm and romance of this southern European style. Its informal rustic character is highlighted with sophisticated details, natural, indigenous materials, warm, sunbleached colors and rich textures.

Architectural distinction is established through the use of details such as softly sculpted or curved wall and chimney articulation, colorful mosaics and tile work, rustic stone accents, balconies, perforated wall patterns and vents, cantilevered windows, classical elements, arches, and/or metal grillwork accents. 7-14 Specific Plan — August 2006
Stucco finish
Metal work
Balconies
Arches
Barrels or “s” shape
concrete or clay tiles
Corbels
1188
Moorish Detail at Windows
Element Menu of Common Features
Form • 2 story massing with one story elements at courtyards/ entries
• Courtyard plan form
• Recessed upper story elements
Roof
• 4:12 to 6:12 roof pitch
• 12” to 18” overhang
• Simple hip or gable roof forms
• Barrel or ‘S’ shape concrete or clay tiles
• Intersecting gabled roofs
Walls • Stucco finish • Stucco - sand finish with rustic brick accents Windows
• Vertical multi-paned window at front elevations
• Multi-paned window on side and rear elevations in high visibility public view areas
• Vinyl wrapped windows
• Simple 2x window and door trim - wood or stucco
over foam
• Feature recessed arched window
• Accent beveled glass recessed window
• Single or grouped round top windows
Details
• Arcades supported by classic columns at courtyards,
balconies and porches
• Wrought Iron/Metal or wood balconies and accent details • Enhanced articulation at entrances and feature windows • Decorative ceramic tile accents
• Wood or wrought iron/metal railings at balconies or
porches
• Garage door patterns to complement style
• Shaped rafter tails at feature arches
• Balustrades at balconies or porches
• Sculpted forms at facades, chimneys,
feature windows, etc.
• Tile vents in gable end
Colors
• Field: Sunwashed white tones or light tints
• Trim: Dark brown, burnt red or ochre
• Accents: Dark or medium shades of green, red, beige,
blue using sparingly
Specific Plan — August 2006 7-15
Amended June 2020
Feature Windows and Simple Massing Vertical Windows with Metal Detail 1189
Provence
The character of the Provence home could be classified as part farmhouse and part château. Its origins are in the simple rectangular farmhouses and cottages that exist in the rural hillsides and villages within the Provence region of France.

Looked upon as an enchanting style, graceful details such as stone lintels and surrounds at doorways and windows, curved or detailed shutters and asymmetrical accent elements capture the aging essence of the Provence style. The use of chiseled stones and enhanced entries are included in a palette of common features that are subtly placed on elevations.

Provence style roof pitches vary from shallow to steep. Rafter tail ends and wood or metal balconies are silhouetted against building facades, with an unassuming brown tile or gray slate roof.
7-16 Specific Plan — August 2006
Amended June 2020
Enhanced
entries
Vertical windows
Shutters
Brown tile or
gray slate roof
Shallow to steep
roof pitches
Balcony
Stucco with
siding or stone
accents
1190
Element Menu of Common Features
Form • Rectangular plan form massing with some recessed 2nd floor area • Distinctive plan form massing with recessed 2nd floor Roof
• Main roof hip or gable with intersecting gable roofs
• 4:12 to 6:12 roof pitch
• Shallow overhangs to 12” to 16”
• Architectural quality asphalt shingles or smooth flat tiles • Main roof hip or gable with intersecting gable roof or steep 2nd story roof breaking over 1st story elements
• Curved slope at roofline
• 6:12 to 12:12 roof pitch
Walls • Stucco with siding or stone accents
Windows
• Vertical multi-divisioned window at front elevation
• Multi-divisioned window on side and rear elevations in high visibility public view areas
• Curved or round top accent windows
• Bay windows
• Single hung windows at front
Details
• Entry accents with faux stone
• Garage door patterns to complement style
• Wrought Iron/Metal or wood balconies and potshelves
• Shutters
• Simple 2x4 window and door trim - wood, stone, siding, or stucco over foam
• Decorative shutters
• Stone veneer chimney or accented feature elements
Colors
• Field: Pale earth tones
• Trim: Whites or light shades complementary to field color • Accents: Light or dark shades in contrast with field color Specific Plan — August 2006 7-17
Amended June 2020
6:12 to 12:12 Roof Pitch Stone and Wood Accents Steep Roof Accent 1191
Spanish Colonial
Spanish Colonial, also known as Spanish Eclectic is an adaptation of Mission Revival enriched with additional Latin American details and elements. The style attained widespread popularity after its use in the Panama-California Exposition of 1915-1916.

The simple courtyards of the Spanish Colonial heritage with hanging pots, a flowering garden and sprawling shade trees are hardly surpassed as foreground design elements. Further architectural distinction was established through the use of tile roofs, stucco walls, heavily textured wooden doors and highlighted ornamental ironwork.

Key features of this style were adapted to the Southern California locale. The plans were informally organized around a courtyard with the front elevation very simply articulated and detailed. The charm of this style lies in the directness, adaptability, and contrast of materials and textures. 7-18 Specific Plan — August 2006
Amended June 2020
Rafter tails
Metal work
Shallow sloped,
“s” tile shaped roof
Arched
openings
Varied
stucco
finish
Decorative
vent
1192
Feature Window Tile Roof, Gable Vent & Metal Accents Stucco Walls with Arched Openings Element Menu of Common Features
Form • 2 story asymmetrical massing with strong one story element • Simply articulated 2 story boxed plan massing with not more than 50% one story element across front elevation
Roof
• 4:12 to 6:12 roof pitch
• 12” to 16” overhang
• Simple hip or gable roof with one intersecting gable roof • Barrel or ‘S’ shape concrete tiles
• Shed roof over porch
Walls • Stucco • Stucco - sand finish
Windows
• Vertical multi-paned window at front elevations
• Multi-paned window on side and rear elevations in high visibility public view areas
• Vinyl wrapped windows
• Simple 2x4 window and door trim - wood or stucco over foam • Feature recessed arched window
• Accent beveled glass recessed window
• Single or grouped round top windows
Details
• Stucco over foam window and door trim
• Arched stucco column porches
• Surface mounted fixtures on front elevations must
complement architectural style
• Garage door patterns to complement style
• Shaped rafter tails at feature areas
• Wrought Iron/Metal balconies and accent details
• Entry door design to compliment style
Colors
• Field: Whites, beige, or warm tints
• Trim: Dark shades to contrast field color
• Accents: Deep tones of green, blue, red (on shutters, door, balcony trim)
Specific Plan — August 2006 7-19
Amended June 2020 1193
Tuscan
During the 15th and 16th century large numbers of houses were built along roads and hillsides in rural Tuscany, many of which, although altered, are still in use today. As this region was and is primarily agricultural, these homes reflect the character of the farmhouse estate or ‘podere’. Built by their owners with the indigenous materials and colors of the surroundings, these buildings blend naturally with the land.

The building form and massing is an example of simplicity; a plan that began as a simple rectangular form that evolved organically over time. Smaller components similar to the original form were typically added as necessary to meet the spatial needs of the owner. The resulting building, with the flexibility and variety apparent in this style, is what makes it so appealing. The informality of these rural farmhouse and settlement building types, including their traditional squared towers, eventually became the inspiration for Tuscan villas.

Stucco
with stone
accents
Brackets
Flat tiles Shutters Enhanced
entries
Vertical windows
Balcony
7-20 Specific Plan — August 2006
Amended June 2020 1194
Recessed Second Floors Earth Tones Rectangular Form, Stucco with Stone Accents Enhanced Entry Articulation Vertical Multi-divided Windows
Element Menu of Common Features
Form
• Rectangular plan form massing with some recessed 2nd
floor area
• Enhanced articulation and detail of entries, windows, doorways and balconies
• Distinctive plan form massing with recessed 2nd floor • Squared tower elements at entry or upper story
Roof
• Main roof hip or gable with intersecting gable roofs
• 4:12 to 6:12 roof pitch
• 16” overhangs at eaves
• Architectural quality asphalt shingles or smooth flat tiles • Main roof hip or gable with intersecting gable roof or 2nd story roof breaking over 1st story elements
• Brackets under eaves
• Deeper overhangs to 24”
Walls • Stucco with stone veneer accents • Enhanced stone veneer siding Windows
• Vertical multi-divisioned window at front elevation
• Multi-divisioned window on side and rear elevations in high visibility public view areas
• Curved or round top accent windows
• Single hung windows at front
Details
• Entry accents with faux stone
• Garage door patterns to complement style
• Shutters
• Balcony or veranda
• Simple 2x4 window and door trim - wood on stone or
siding, stucco on stucco
• Decorative shutters
• Stone veneer chimney and accented feature elements
• Wrought Iron/Metal or wood balconies and potshelves
• Rusticated hardware and details
Colors
• Field: Medium, saturated earth tones
• Trim: Whites tones or light shades complementary to field color
• Accents: Light or dark shades in contrast with field color Specific Plan — August 2006 7-21
Amended June 2020 1195
Cottage
Cottage is a picturesque style derived from medieval Norman and Tudor domestic architecture. The resulting English and French inspired “cottage” became extremely popular nationwide after the adoption of stone and brick veneer techniques in the 1920s.

Although the cottage is looked upon as small and not costly, it has been recognized as one of the most popular styles in suburban America. Design of the homes typically reflected in the rural setting in which they evolved. Many established neighborhoods in Riverside, Orange, and Santa Ana contain homes with the charm and character that depict the alluring, yet unpretentious lifestyle of the Cottage home.

Shutters
Bay windows
Varying roof slopes & forms
Enhanced entries
7-22 Specific Plan — August 2006 1196
Varying Roof Slopes & Forms Feature Windows & Gable Accents Stucco with Stone Accents Element Menu of Common Features
Form • Rectangular plan form massing with some recessed 2nd floor area
• Irregular plan form massing with substantially recessed 2nd floor
Roof
• Main roof hip or gable with intersecting gable roofs
• 4:12 to 12:12 roof pitch
• Curved slope at roofline
• 0” to 12” overhangs - (limit tight overhangs to distinguishing character elements)
• Architectural quality asphalt shingles or smooth
flat tiles
• Main roof hip or gable with intersecting gable roof or steep 2nd story roof breaking over 1st story elements
Walls • Stucco
• Stucco with wood siding or stone accents
Windows
• Vertical multi-paned window at front elevation
• Multi-paned window on side and rear elevations in high visibility public view areas
• Bay windows
• Vinyl wrapped windows
• Curved or round top accent windows
• Single hung windows at front
Details
• Entry accents with natural or manufactured stone
• Shutters
• Simple wood 2x4 window and door trim - wood on stone or siding, foam on stucco
• Surface mounted fixtures on front elevations must
complement architectural style
• Garage door patterns to complement style
• Decorative shutters
• Stone veneer chimney
• Wrought Iron/Metal or wood balconies and wood pot
shelves
Colors
• Field: Soft, muted mid-tones of beige, tan, blue, yellow, grey or green
• Trim: Light or similar mid-shades complementary to
field color
• Accents: Light or dark shades in contrast with field color Specific Plan — August 2006 7-23
Amended June 2020 1197
American Traditional is a style evolved in the early 20th century originating from the New England states, spreading westward, and becoming established throughout the rest of the country.

The adaptive version of this style retains the massing and form that is reminiscent of early American heritage but with simpler lines and contemporary details. The massing breaks down the façade from 2 to 1-story forms providing a natural balance to the front elevation. Roofs are simple in form most often with accent gables. This contemporized American style has a fresh appeal while retaining its charming origins.

Adaptive American Traditional
7-24 Specific Plan — August 2006
Amended June 2020
Front To Back Gable
Stucco
Siding
Vertical Windows
Simple 2x4 Trim
1198
Element Menu of Common Features
Form • Asymmetrical massing with a vertical and a horizontal break Roof
• 4:12 roof pitch
• 12” to 16” overhangs
• Concrete roof tile - flat or shake appearance
• Asphalt shingles
• Front to back gable or hip roof with intersecting hip or gable roofs Walls
• Stucco
• Horizontal siding - may be combined with stucco
• Wrapped material on sides and terminate at logical end (return block wall/fence) or inside corner Windows • Vertical multi-paned window at front elevations • Multi-paned window on side and rear elevations at visible edges Details
• Simplified cornice trim at gable ends
• Header window wood accent trim
• Simple 2 x 46 window and door trim - wood on siding, foam on stucco, 2 x 4 window and door trim may be used on specific product types, architectural styles subject to Planning Department approval. • Surface mounted fixtures on front elevations must complement architectural style • Porches and/or balconies with horizontal railing
• Front and garage door may have modern styling to complement style • Square wood columns with trim
• Shutters, brick accents permitted
Colors
• Field: Whites, off-white, dark or light colors
• Trim: White or contrasting with field color
• Accents: Light or dark colors in contrast or harmony with field colors Porch Simplified Cornice Trim at Gable Ends
Specific Plan — August 2006 7-25
Amended June 2020 1199
Adaptive Farmhouse
Due to the simple and honest nature of this architectural form, the Farmhouse style can easily be adapted to a more abstract solution and is appropriate within many of the higher density settings. Since this style’s roof shapes, variety of textures, colors and materials can easily be extrapolated to more contemporary applications, one can find many examples of this transformation throughout the West.

The Adaptive Farmhouse style blends the sleek clean lines of contemporary design with warm farmhouse charm to create a uniquely fresh take on this country living inspired style.
7-26 Specific Plan — August 2006
Amended June 2020
Stucco Smooth Finished
Wood Posts
Shed Roof at Porch
Shutters
1200
Element Menu of Common Features
Form • Symmetrical or asymmetrical massing
Roofs
• Roof pitches 4:12 to 6:12, possibly lower pitch at main roof • Shed roofs at porches, may use metal seam
• 0” - 12” overhang at eaves
• Asphalt shingle roof or tile shake pattern
Walls
• Stucco
• Board and batten or horizontal siding
• Siding should return on sides and terminate at logical end (return block wall/fence) or inside corner
Windows • Vertically or horizontally proportioned
Details
• Smooth finished posts (6” x 6” min.) with smooth finish cap and base trim • Smooth finished beams
• Door and window surrounds shall consist of one of the following materials:
• Well-proportioned, stucco-wrapped, high density foam trim or • Smooth textured wood
• Raised panel-style entry door and garage door
• Wood brackets below gables and/or rafter tails
• Awnings, may use metal seam
• Porches and/or balconies with horizontal railing
• Shutters
• Cementitious or stucco trim (with finish matching body of house) may be permitted at front doors/porch entries
• Front and garage doors may have modern styling to complement style Colors
• Field: Whites or light tinted colors
• Trim: Whites or light shades complementary to field color • Accents: Light or dark shades in contrast with field color Board and Batten Siding Proper Terminate Points for Siding and Color Accents
Specific Plan — August 2006 7-27
Amended June 2020 1201
Adaptive Mediterranean
The Adaptive Mediterranean style draws inspiration from Southern European countries along the Mediterranean Sea. Italian, Spanish, Portuguese and Greek architecture lend their influence to this style.

Simplified details borrowed from these Mediterranean styles include streamlined forms which move toward a modern and unpretentious aesthetic – including low-pitched, hipped or parapet roofs combined with a lighter color palette.

Stucco
Front Entry Door Without a Porch,
Recessed From Front Facade
Balconies with
Horizontal Railings
7-28 Specific Plan — August 2006
Amended June 2020 1202
Element Menu of Common Features
Form • Simple geometric forms
Roofs
• Hip or gable roofs
• Roof pitches 4:12 to 6:12 where applicable, possibly lower pitch at main roof; may have a shed roof accent
• 0”-12” overhang
• S-shape, or flat tile, or asphalt shingle
Walls • Stucco
• Optional decorative ceramic tile
Windows • Vertically or horizontally proportioned windows or ganged windows • Round top or arched primary window or architectural feature Details
• Front entry doors without a porch, recessed from front facade • Limited ornamentation and no shutters
• Decorative metal elements or ceramic tile
• Cementitious or stucco trim (with finish matching body of house) may be permitted at front doors/porch entries
• Style appropriate light fixtures
• Horizontal railings at porches or balconies
• Built-up eave
• Color Blocking
• Front door and garage door may have modern styling to complement style Colors
• Field: Toned whites and light to medium light value warm colors • Trim: Medium dark value browns reminiscent of stained wood • Accents: Light or dark colors in contrast or harmony with field colors Light or dark colors in contrast and
in harmony with field colors
Limited ornamentation and
no shutters
Specific Plan — August 2006 7-29
Amended June 2020 1203
Contemporary
Clean lines and ordered appearance. An architectural expression that is forward facing and suggests a separation from the old world.

Entry Door to have
Contemporary style
Simple Form Massing
Stucco Finish
Signature Form
Style Appropriate
Light Fixture
7-30 Specific Plan — August 2006
Amended June 2020 1204
Element Menu of Common Features
Form • Simple rectangular form massing
• Signature form, detail or feature
Roofs
• Parapet, hip or shed roof
• Simple unadorned parapet walls
• Roof pitch range: flat or 4:12 to 6:12
• 0” - 12” overhang at eaves
• Shed element at entry with metal seam roof
• Asphalt shingles
Walls • Stucco finish
• Cementitious siding
Windows • Vertically or horizontally proportioned or grouped windows Details
• Entry accents such as awnings with metal seam roof or metal eyebrows • Cementitious or stucco trim (with finish matching body of house) may be permitted at front doors/porch entries
• Style appropriate light fixtures
• Horizontal railings at porches or balconies
• Front door and garage door may have modern styling to complement style and may include clear or frosted glass window details • Infill panels
Colors • Field: Whites or light shades
• Accents: Light or dark shades in contract with field color Parapet Roof Horizontal Grouped Windows
Specific Plan — August 2006 7-31
Amended June 2020 1205

7.3 Massing (Single-Family)

7.3.1 Introduction
Creating streetscenes that function well and have
visual interest is a primary community objective. The
following basic elements and criteria provide variations in appearance and a sense of individuality for each home.

Neighborhoods that have nearly identical homes and
streets without variation in product placement and form will not be approved in design review. This section lists architectural massing and plotting techniques that will help to create a quality environment.

Objectives:
• Minimize visual impact of garages;
• Give attention to composition of building mass;
• Vary setbacks at porches, living and garage areas;
• Minimize 2- and 3-story dominance on the
streetscene including lanes/alleys and open spaces;
• Design with sensitivity to corner lot conditions;
• Use appropriate transition of scale; and
• Use four-sided elevation design.

In PAs that incorporate higher density single-family
homes, high quality architecture is expected. Higher
density homes call for simpler designs yet creative
execution to reflect the Parkside vision. Higher density homes in correlation to the market demand, calls for
innovative and more contemporary design. Therefore,
the following objectives are encouraged:
• Minimize visual impact of garages;
• Give attention to composition of building mass;
• Where feasible, incorporate single-story elements;
• Design with sensitivity to prominent edge conditions
and highly visible architecture;
• Concentrate enhanced design features to visible
edges, while creating simple but quality elevations
on the interior plans.

Single-Story Elements
7-32 Specific Plan — August 2006
Amended June 2020 1206

7.3.2 General Elements
The general elements of building massing include:
• Front articulation;
• Roof form;
• Garage placement;
• Balconies and projections;
• Rear articulation;
• Variable setbacks; and
• Corner lots/critical edge conditions
Neighborhood Massing and Plotting Concepts
To provide more interesting neighborhood streetscenes,
varied massing on all elevations is encouraged.

Where possible when plotting, refrain from strict
compliance to minimum garage setbacks to avoid
contributing to repetitious streetscenes. Typically, plans are to be reversed and plotted so that garages and entries are adjacent to each other to create an undulating setback.

Occasionally, this pattern should be broken to avoid
monotony.

Simple Home Design
In an attempt to design aesthetically pleasing architecture that is economically feasible and functions well, the
concept of “The Simple House” is to be implemented.

This suggests that starting with simple structural forms and building masses and appropriate roof forms can
lead to the development of an “authentic” style while
maintaining acceptable building costs. In order to achieve this the following basic criteria have been established:
• Design “simple,” attractive homes using simple plan
forms and style-appropriate massing and roof pitches;
• Use style-appropriate elements and details to
enhance good architecture;
• Provide a variety of single-story heights and profiles while stepping back second-story massing when
possible;
• Acknowledge both street front facades on corner
homes or buildings by ‘wrapping’ usable spaces,
architectural elements, and materials around to
face the side street frontage;
• Give added attention to side and rear articulation
if facades are publicly exposed;
• Use covered and shaded spaces such as porches,
landscaped courtyards or structural landscape
elements to provide a sense of entry and respond
to local climate conditions; and
• Respond to overall community character with
appropriate choices of style, color, and materials.

Refer to Sections 7.2, 7.3 and 7.4 for specific guidelines concerning styles, massing, elements, and details of
simple residential architectural design.

Single-Story Elements
Single-story elements may be incorporated on homes
to help establish neighborhood pedestrian scale and
add variety to the streetscene.

Encourage homes in each neighborhood to have at least
one significant single-story element on an exposed front or side elevation.

Specific Plan — August 2006 7-33
Amended June 2020 1207
Single-story elements include:
• Front or wraparound porch;
• Roofed porte-cochere;
• Single-story living space in conjunction with a second story recess of at least 5 feet; and
• Pop-out gable element (enclosed or open).

Where forward garages are used single-story massing
is encouraged.

Planning Area 1-4
The goal of PA 1-4 is to provide single-family homeownership opportunities to a greater span of the buyer population. Although single-story elements are desirable, smaller home configurations may not lend themselves
to this feature. However, where feasible, single-story
elements are encouraged.

7.3.3 Front Articulation
The appearance of the streetscene and collection of
homes within it is typically the first impression of any neighborhood. Most homes are seen primarily from the
front and represent the transition from public to private space as well as the character of those who dwell within.

With this in mind, it is important that the front of the home, and any sides exposed to the street receive
thoughtful design and articulation to bring character and quality to the individual home and to the neighborhood
as a whole. The following guidelines will help to achieve that level of articulation:
• Design neighborhood plan packages with forms and
front elevations in mind to work together in controlling the impact of buildings on the streetscene;
• Provide variety in form and massing to reflect interior uses and achieve attractive and interesting elevations; • Design placement of windows to work with interior
uses and provide “eyes on the street;”
• Consider the entry as a focal point when designing
the front elevation; and
• Provide an appropriate level of detail and trim at
entries, doors, and windows to enhance good design.

7.3.4 Roof Forms
Rows of homes seen from a distance or along arterial
roads are perceived by their contrast against the skyline or background. The dominant impact is the shape of
the building and roof line. Articulate the building mass and roof lines to express a variety of conditions and
Varied Massing on Elevation Varied Roof Forms
7-34 Specific Plan — August 2006
Amended June 2020 1208
minimize the visual impact of repetitious flat planes,
similar building silhouettes and similar ridge heights.

This can be achieved by designing a discernibly different roof for each home plan. Individual roof plans may be
simple but between different plans should exhibit variety by using front to rear, side-to-side, gables, and hipped roofs and/or by the introduction of one-story elements.

Planning Areas 1-4
Roof designs that maximize space for photovoltaic
panels and are orientation for optimal solar efficiency are encouraged.

7.3.5 Garage Placement & Treatment
Create attractive and comfortable streetscenes and
pedestrian spaces by designing lane-accessed garages.

Lanes/Private Alley Facing Garages
Although lanes and private alleys are thought of as merely a transitional vehicular space, they also provide garage and sometimes direct residence access, trash collection and other daily utility uses. They may be experienced by homeowners as often as the front entries to these homes.

Therefore, when designing lanes and motorcourts
consider both functional and aesthetic issues. It is the intent to provide a pleasant experience for daily users by incorporating both in the elements of lane design.

Where feasible, in order to minimize undesired
streetscenes in lane/private alley conditions, the following are suggestions:
• Avoid a multi-storied, “canyon-like” effect within
the lane by providing varied massing, vertical and
horizontal offsets of primary architectural elements
and roof lines.
• Vary garage door appearance by using door patterns,
colors, and windows appropriate to individual
architectural styles;
• Where possible, vary ground floor building setbacks
to provide undulation in the line of garage doors. All
drive apron and building separation setbacks shall
be maintained (refer to Section 7.6, Home Types,
for specific setback requirements);
• For Conventional Compact Single Family Homes
(access from local public/private street) shallow
Varied Garage Door Appearance
Specific Plan — August 2006 7-35
Amended June 2020 1209
recessed garages shall be limited to 25% of the
total umber of units in each builder’s plan package
and shall be setback a minimum of 18 feet from
property line.
• Design and locate rear privacy walls and pedestrian
gate entries to provide ease of access to the rear
yard, allow sufficient dimension for landscape
requirements, and screen trash can storage from
lane; and
• Provide landscape planters (as feasible) within lanes to soften the appearance of the building elevations.

Vary garage door appearance
Vary garage door pattern, windows and/or color as
appropriate to individual architectural styles. Additional treatments are encouraged to buffer direct or monotonous views of the garage doors.

Vary garage placement from plan to plan
Where possible, provide varied garage placements in each lane-loaded neighborhood by reversing placement, varying horizontal massing, and offsetting or cantilevering upperstory massing.

This garage placement allows the option of entering
from the side street, thereby eliminating the garage
and driveway from the front or lane (private alley) side of the house.

Optional Garage Screening Treatments
Garage screening treatments are encouraged to reduce
or buffer the impact of garages and garage doors from
the street or lane (private alley). These optional elements may include vine pockets or an attached trellis beneath a single-story garage roof fascia and/or above garage
door header trims.

7.3.6 Balconies and Projections
The inclusion of balconies and projections may be
used for both aesthetic and practical purposes. They
are useful in breaking up large wall planes, offsetting floors, providing shade, creating visual interest, and
adding human scale to a building. Balconies also provide the practical advantage of extending living areas to the outdoors and providing elevated spaces and views.
• Balconies may be covered or open;
• They may be partially recessed into the mass of
the building or serve as a projecting element; and
• Balconies should be designed as integral elements
of the building with details, eaves, supports, and
railings consistent with the architectural style.

Other architectural projections may include elements
such as cantilevered massing, secondary roof changes,
niches in plan, and bay windows.

LANE
Varied Garage Placement— Lane (Private Alley) Facing
7-36 Specific Plan — August 2006
Amended June 2020 1210
Cottage Farmhouse

7.3.7 Elevation Enhancement
The second-story portion of elevations facing public
roads, parks, multi-purpose trails, paseos, or public open space, must include a variety of window treatments, roof projections, to provide an appearance similar in quality to front elevations. A variety of hipped and gabled roof forms must be used in each neighborhood. One-story
elements also help to provide this variety.

7.3.8 Varied Massing
Provide varied massing and articulated elevations
consistent with the selected style and product type.

Floor Plan Form
Keep architectural styles in mind when designing
the floor plan. For example, styles such as Cottage
or Farmhouse that reflect asymmetrical massing and
steeper roof pitches may be applied to a similar floor
plan and elevation while both maintain an authentic
appearance.

7.3.9 Corner Lots/Critical Edge Conditions
Neighborhood quality will be enhanced by adding a
home plan designed specifically for the corner, or by
enhancing an interior lot plan for use on the corner
with additional architectural elements and/or details
as found on the front elevation.

All corner homes must include wrapping materials and
continued articulation around to the side facade. All
material changes must occur on an inside corner, on a
logical end, or coincide with an architectural element
that conceals the material change.

Corner Plans
Conventional and Lane-Loaded residential product
neighborhoods should be designed with enhanced
corner lot treatments. One of these plans may include
an architectural element that encompasses an interior
room or living space that occupies the corner side yard.

Specific Plan — August 2006 7-37
Amended June 2020 1211
Wrapping Materials Corner Plan Corner Plan with Porch
• A second plan (primarily for conventional product)
should include an element that helps to articulate
the side facade such as:
• A wraparound porch;
• Pop-out, side gable;
• Significant wall plane offset; or
• Appropriately detailed second-story pop-out.

These elements will also provide logical stopping
points/less conspicuous inside corners for wrapping
materials. Corner plans should also consider use of
the following elements:
• A corner-related front entry door placement; and
• A garage placement that allows entry from the side
street or lane.
• A second plan should include an element that helps
articulate the side facade such as:
• A wraparound porch;
• Pop-out, side gable;
• Significant wall plane offset;
• Appropriately detailed second-story pop-out; or
• A single-story element.

Planning Areas 1-4
PA 1-4 will offer progressive housing types geared toward an attainable price-point. Thus, building footprints
will be more compact and efficient, leaving less room
for considerable architectural pop-outs and features.

However, corner enhancements are still encouraged
with the following recommendations:
• Front elevation enhancements shall wrap onto
the side elevation on all homes where the side
elevation faces a loop road, are street side or a
corner elevation.
• Where feasible, an additional 5-feet of landscape
setback shall be provided along the homes fronting
the loop roads and the Great Park.

Community Recreation and Common Facilities
Private common recreation facilities may include a pool, spa, clubhouse, barbecue areas, or other facilities as
appropriate to the community. Common facilities act as
key character elements therefore the following should
be considered when designing for such facilities.
• Clubhouse and other common area buildings should
exhibit a high level of quality and attention to detail on all visible sides of the building;
7-38 Specific Plan — August 2006
Amended June 2020 1212
• All architectural and community elements, such as street furnishings, benches, and lighting standards should be consistent with the selected overall architectural character for the community; and • Colors, massing, roof pitch, and materials of surrounding residential buildings should also be considered in conjunction with the design of the common facility.

7.4 Materials and Details

7.4.1 Introduction
Although the character and style of homes should be established primarily through the use of massing, roof forms and key architectural elements, the addition of appropriate secondary character elements, detailing, and accent materials provides an effective means of further reinforcing and enhancing character and style interpretations.

Key elements are those primary architectural features of the home that clearly discern one style from another. Secondary elements and details are identified as those that help to reinforce or enhance an already identifiable style. A list of appropriate elements, colors and materials for each individual style is found in the requirements matrices in the “Styles” section of this document.

The key or primary elements are:
• Doors and Entries;
• Windows;
• Rakes and Eaves;
• Exterior Lighting Fixtures;
• Roof Materials;
• Colors;
• Accent Materials; and
• Wall Finishes.

Doors
Windows
Specific Plan — August 2006 7-39
Amended June 2020 1213
Rakes and Eaves
Lighting and Fixtures

7.4.2 Doors and Entries
Building entries represent an important point of interface between public and private spaces typically creating the initial impression for the user and a focal point for the viewer. Front doors and associated entry spaces should be treated with a sense of importance and detailed to emphasize their location and purpose. In designing the door and entry space of homes the following guidelines shall be observed:
• Design of door and entry spaces shall be consistent with the architectural style of the home;
• Doors shall be protected by a recess, porch or other covered element; and
• Door and entry spaces shall reflect a level of detail appropriate to their function and architectural style.

7.4.3 Windows
The following guidelines shall be observed for windows:
• Proportions and alignment shall be appropriate to individual style;
• No highly reflective glazing shall be used;
• Windows may be vinyl-wrapped or wood;
• When using inset windows, provide minimum 2-inch depth; • Window placement shall be designed to enhance privacy between neighbors;
• Full window trim is encouraged on street facing elevations; • Shutters shall be sized to match window width and exhibit styleappropriate hardware; and • Where appropriate accent features such as shutters and tile surrounds are encouraged.
7-40 Specific Plan — August 2006
Amended June 2020 1214

7.4.4 Rakes and Eaves
As with other architectural elements, roof edge treatments vary with the character of each style. Rakes and eaves shall reflect that of each individual style and contribute to the overall look and feel of the community.
• Elements and proportions of rakes and eaves shall be appropriate to the individual style;
• Where appropriate to individual style, larger eave overhangs are encouraged to provide opportunities for shading and relief; and • Rafter tails, when exposed, shall be proportionate to building painted or stained.

7.4.5 Exterior Lighting and Fixtures
Emphasis shall be placed on lighting for safety, security, and aesthetics.

Street poles and wall fixtures shall be used to provide sufficient light for traversal and visibility providing the community with a comfortable level of safety and security at night. Every attempt should be made to reduce overflowing light on adjacent homes and to increase the amount of light in less visible areas.

Opportunities to use lighting for directional and aesthetic reasons should also be considered. Where fixtures are not an important focal point, conceal light sources and concentrate on achieving the maximum effects of good lighting design. Where fixtures are part of architectural detailing they should reflect the selected style.
• Lighting used on walls and walkways shall focus light down and provide appropriate down-casting hardware to minimize glare; • Light shall be down-cast to reduce the impact on the neighborhood; and • Wall mounted lighting fixtures shall be selected according to the individual style of the home or building.

Roof Materials
Accent Materials
Specific Plan — August 2006 7-41
Amended June 2020 1215
Finishes

7.4.7 Colors
Varied palettes of regional and style-appropriate colors and materials have been selected for the homes in the
Parkside Specific Plan area. This inherently rich and
diverse palette will provide the variety required for
visual interest while providing a sense of unity within the neighborhoods. Style-appropriate color selections
will enhance the architectural character and impart
individuality to each home.
• Color shall contribute to distinguishing the overall
architectural character of the dwelling. Refer to
“Architectural Styles” matrices for individual color
palettes;
• Hue variation in adjacent homes shall be provided
to create diversity within the neighborhood;
• Diversity of color is encouraged; and
• Roof tile colors will be selected according to
architectural styles.

To further this goal of diversity, the following criteria shall be met:
• Elevation/color schemes shall consider the
composition of colors, appropriately combining
colors for an aesthetic and varied streetscape.

Consider field color, trim color, accent colors, and
accent materials colors.

7.4.6 Roof Materials
Roof materials, colors, and treatments should correspond to the individual character or style of the home or
building and be compatible with the overall look of the neighborhood. Style appropriate materials and colors are found in each appropriate matrix in the “Architectural
Styles” section of this document.
• Where feasible, a variety of roof plans, forms and
ridge heights shall be provided using hips, gables, and intersecting elements to avoid a repetitious skyline;
• High quality composition, concrete, or clay tiles may be used in conjunction with the style of home; and
• Skylights are prohibited on sloped roofs facing
public streets.
7-42 Specific Plan — August 2006
Amended June 2020 1216
• Individual color schemes must be appropriate to the
architectural styles with a harmonious selection of
accent materials, roof profiles and colors;
• No adjacent or facing home shall have the same
color scheme; and
• No more than 4 of the same floor plan shall be
plotted adjacent to one another.
• Architectural style of homes may be identical within
individual courts/lanes.

7.4.8 Accent Materials
Accent materials can be used to enhance and reinforce
the architectural style and composition of individual
homes and provide variety in the streetscene. Selective use of appropriate materials, color, and placement can
provide maximum impact while imparting a sense of
unique character to each home.
• All color and material changes shall occur at inside
corners or other logical locations to provide natural
transitions from one aesthetic to another;
• Natural stone, approved manufactured or cultured
stone, painted or natural brick, precast concrete,
ceramic tile, slump block, and horizontal or vertical
siding or approved manufactured siding, (i.e.
cementitious board) are encouraged;
• Accent materials shall be selected to complement the
overall color and style of the home or building; and
• Where incorporated, architectural trim shall be sized properly and consistent with architectural style.

7.4.9 Wall Finishes
Style-appropriate wall finishes should visually enhance individual homes. The use and placement of extreme
contrasts in color and/or materials should be carefully considered in order to maintain a compatible overall
look throughout the neighborhood. Footings shall be
exposed no higher than 6 inches above finished grade.

Permitted Finishes:
• Stucco-light to medium sand finish
• Exposed masonry walls (brick, slump block, split
face, etc.);
• Stone, brick, adobe, brick veneers (accent materials); • Horizontal plank siding; and
• Board and batten siding.

Specific Plan — August 2006 7-43
Amended June 2020 1217

7.5 Attached and Multi-Family
Guidelines
It is the intent for all architecture in Parkside to achieve a high level of quality in building function and visual appearance, assure variety and compatibility in architectural character and to enhance the community’s overall value.

The goal is to promote these qualities in conjunction
with the landscape and planning by using heritage styles combined with modern technology and architectural
innovation to provide a pleasant, livable community.

By the very nature of the building types, attached and
multi-family home neighborhoods are much like small
villages, or communities. Each should be designed for
compatibility within itself, using a blend of compatible architectural styles and a tastefully balanced palette of colors and materials.

The following general concepts should be considered
when planning for and designing multi-family housing.

See the following section for added criteria that is specific to each building type.
• Design and site buildings with a strong physical
relationship to public areas of the community.
• Emphasize pedestrian access and connections to
public sidewalks, paseos, and open space systems
when preparing site plans.

7.5.1 Architectural Inspiration - Themes and Styles
One key to this community’s success is compatible
architectural styles. Appropriate styles, in a simplified palette, include selected Mediterranean styles of Europe and styles that adapted to the Southern California climate.

The selected architectural styles for high density attached units include:

Mediterranean Heritage Styles
• Andalusian
• Provence
• Spanish Colonial
• Tuscan
Millennium Styles
• Adaptive American Traditional
• Adaptive Farmhouse
• Adaptive Mediterranean
• Contemporary
7-44 Specific Plan — August 2006 1218
Plan and Style Requirements for Attached Homes/
Row Townhomes:
• Provide at least 2 building plans per neighborhood
(75-175 units), with the ability to reverse plot plans
and vary placement or add elements to corner units;
• Provide a minimum of 2 individual unit plans per
building. Individual unit plans may be repeated
between building plans;
• Provide one or more styles per community as
designated on the “Neighborhood Character” exhibit
in this document; and
• Provide at least 3 different, yet compatible color
schemes for each neighborhood, with the exception
of attached Multi-Family Residential Products under
single ownership. These single ownership attached
products are permitted to have one color scheme.

PA-17 and PA-18. PA-17 and PA-18 are permitted
to have one color scheme to enhance architectural
theme.

Specific Plan — August 2006 7-45
November 2023 DRAFT 1219
Materials and Colors
Individual elevation or building colors should be selected from the community color palettes selected for that
style. See individual style matrices for style-appropriate color palettes.

7.5.2 Architectural Plotting & Massing Concepts
Form, Mass & Height
In the case of attached and multi-family buildings there is a tendency to “build out” to the maximum building
envelope without articulated treatment on wall planes.

This is to be avoided to prevent the final product from becoming a multi-story stucco box, without vertical or
horizontal relief.
• Minimize building “ends” and blank, singular
planes oriented toward public views. Provide some
architectural elements on all sides of buildings;
• Consider intended styles in conjunction with the
development of building plans, massing forms,
elements, details, and color;
• Carefully consider the building massing, details, and color, in conjunction with the architectural character
for the neighborhood or community;
• Design buildings to define outdoor spaces, with floor plans that have logical and functional relationships
between indoor and outdoor spaces; and
• Buildings shall not exceed height standards. (Refer
to Section 7.6 for height restrictions).

Shade and Shadow - Building Relief
• Project a front door image and access to the street
front. Articulation of end unit elevations is required
to achieve four-sided articulation;
• Place and access garages at rear alleys to separate
pedestrian from vehicular areas;
• Provide front porches where style-appropriate
and possible for stepped massing and transition
to public spaces;
• Vary setbacks on building elements/facades; and
• Vary roof pitches and directions.
7-46 Specific Plan — August 2006
Amended June 2020 1220
Exhibit 7-1: Plotting and Massing
Townhomes
Front door at street
Triplex
Street appearance as large
single-family “mansionette.”
varied scale/massing
Public view into green court
Private open space with front
access opening to green court
Public view into green court
Articulate “side” elevations
with reduced massing
“Row” Townhome
street appearance
Specific Plan —August 2006 7-47
1221
Balconies
The inclusion of balconies is encouraged for both aesthetic and practical purposes. They are useful in breaking up
large wall planes, offsetting floors, creating visual interest, and adding human scale to the building. They provide the practical advantage of creating outdoor living areas and elevated open space.
• Balconies may be covered or open. They may be either
recessed into the mass of the building or serve as a
projecting element. Balconies and patios must adhere
to required setbacks;
• Design balconies as an integral elements of the building with details, eaves, supports, and railings in keeping
with the architectural style and other elements of the
building’s design; and
• Avoid designing plans with repetitive balconies that
occur side by side.

Parking
In the case of attached buildings adjacent to primary streets, the focus of these buildings should be their street front image and pedestrian access. Each project will incorporate interior oriented parking solutions and use the following design techniques to enhance the architecture of the streetscene:
• Distribute parking on-site to provide close proximity as possible to individual units;
• Group unassigned or guest parking in convenient
locations;
• Refer to Division 6.03 (Off Street Parking and Loading) of the Ontario Development Code for parking requirements.

Any parking standards that differ from the Ontario
Development Code can be found in the development
standards (refer to the tables in Section 7.6: Home Types).

Entries
Entries should create an initial impression, locate and frame the doorway, act as an interface between public
and private spaces, and further identify individual unit entries.
• Wherever possible, site plans should orient the front door image and principal access toward the public
street or entry courtyard;
• Incorporate appropriate roof elements, columns,
feature windows and/or architectural forms in the
entry statement to emphasize the building character
and the location of individual doorways; and
• If front entry location is not immediately obvious due to building configuration, direct and draw the observer to it with added elements such as signs, lighting and
landscape.

Windows
Typically the location of windows is determined by the
practical considerations of room layout, furniture placement, views, and privacy. Design emphasis here should be of
particular concern as windows play an important role in the exterior architectural character of multi-family buildings. • Within the appropriate style requirements, group and
coordinate windows with other design elements to
create a sense of composition and order;
• Where appropriate to style and window form, the use
of multiple window panes is encouraged; and
• Use appropriate scale and proportion in window design to enhance the elevation style, using shutters, trim,
etc. to help convey character.
7-48 Specific Plan — August 2006 1222
Townhome Product Lane Streetscape
Community Recreation and Common Facilities
Each neighborhood planning area is focused around (or is within a short walk from) the Great Park or common recreation facility. These may contain pools, spas, recreation structures, barbecues and/or open space.

Each is planned as appropriate to the demographic profiles identified for the community by the master developer.
• Recreation facilities are key character elements for the community; • All architectural and community elements, such as street furnishings, benches, lighting standards, and trash receptacles, shall be consistent with the selected overall architectural character for the community; and • Colors, massing, roof pitch, and materials shall be compatible with residential buildings or project theme.

Trash Enclosures
Enclosures shall be provided to accommodate the numbers and types of trash containers as required by the disposal company. These enclosures shall be positioned in a centrally convenient area for residents. Try to minimize impact on adjacent residences and neighborhood developments by keeping enclosures from the edges of the community.
• Trash enclosures shall be substantially constructed in a style and decorative wall finish that is consistent with the overall architectural character of the development.
• All trash enclosures shall be equipped with style complementary appropriate gates or doors of durable construction, hinged to selfsupporting steel posts. • Lighted pedestrian access is required at each enclosure. • Trash enclosures shall be placed in a location which does not interfere with on-site circulation.

Specific Plan — August 2006 7-49
Amended June 2020 1223
Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
a one-lot condominium subdivision. All homes will have
fire separation distances as required by the California Residential Code that may be as minimal as a few inches.

The following section Section 7.6.2 provides conceptual plotting examples for a variety of residential housing
types, arrangements and lot size ranges. The plotting
concepts are provided only to illustrate a typical
layout of each housing type. They are not intended
to be mandated layouts.

The following h Home product configurations are provided in Section 7.6.2 are summarized as below.

Detached Lane Loaded
Detached single-family residential development consists of lane-served residential units designed with an
orientation to the street or green spaces, by locating
garages to the rear of residential units. Residential areas will be developed at an approximate net density of 5-14 dwelling units per acre. Products include Conventionally Loaded Lane homes (Section 7.6.2.A, Section 7.6.2.C,
and Section 7.6.2.D)
Cluster Homes (Auto Courts and Green Courts)
Cluster Homes are single-family detached residential
development with vehicular access from lanes (private
alleys or motorcourts) via interior streets, with direct access garages. These residential areas will be developed at an approximate net density of 7-14 dwelling units per acre. Products include Detached Green Court Cluster
(Section 7.6.2.B), Detached Green Court Paseo Cluster
(Section 7.6.2.E), Semi-Detached Green Court Cluster
As consistent with Section 5.7 of this Specific Plan, all project sites shall be designed to meet all the Integrated Waste Department’s requirements, including the
requirements for Sizing of Storage, Location of Collection Area, Accessibility for Collection Vehicles, and Collection of Sorted/Diverted Waste Types.

Garage Placement & Treatment/Lanes
Provide rear or side-accessed garages for lane-loaded,
attached buildings. Tandem garages may be used to
accommodate parking requirements. Vary plans where
possible, placing garages at different locations relative to the lane. Roll-up garage doors with garage door openers are required on all homes.

Lanes (Private Alleys)
All lanes (private alleys) shall be designed to include landscaping to soften architectural massing. Architectural treatments such as varied massing, color variations,
decorative paving, trellises, and window treatments
shall be designed to add interest to building facades.

7.6 Home Types

7.6.1 Introduction
A primary design objective for the Specific Plan is to
provide a variety of home sizes and plans to suit the needs of different life stages and market segments. Parkside
allows for individual home-ownership opportunities
in a higher density more urban setting than typical
neighborhoods. Some of the three-story detached
homes may be located on fee simple lots or they may in
7-50
1224
Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
(Section 7.6.2.F), Detached Auto Court Cluster Full
Driveways (Section 7.6.2.G), and Detached Auto Court
Cluster Varied Driveways (Section 7.6.2.H).

Row Townhomes
Row Townhomes are attached homes that share two
common walls, except for the end units. These homes
have direct garage access. Front doors may be accessed
from a street-side sidewalk, paseo, or from a private alley.

Front door access depends on the design of the homes.

Residential areas that utilize this housing typology will be developed at an approximate net density of 11-25
dwelling units per acre. Products include Attached Higher Density Townhomes (Section 7.6.2.K) and Attached Row
Townhomes (Section 7.6.2.L)
Multifamily Attached
Multifamily Attached is a single building containing two or more living units in a side-by-side and/or stacked
configuration. They can range from a lower density
product like duplex or triplex to a higher density complex like a multiplex or an apartment. Products include
Attached Duplex (Section 7.6.2.I), Attached Triplex
(Section 7.6.2.J), and Attached Auto Court Cluster
(Section 7.6.2.M).

7.6.2 Home Type Criteria
The following are design standards and minimum setbacks by typical residential product and housing type.
7-51
1225
Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.

Characteristics
• Single-family small lot detached dwellings face street or lanes (private alleys);
• Automobile access via streets or lanes (private alleys); • Primary entries and walks face streets or lanes
(private alleys);
• Private yards/patios;
• Reciprocal use easements may extend private spaces
on sides of buildings;
• Parking for residents provided in garages and
driveways; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.
7-52 Specific Plan — August 2006
Amended June 2020
A. Conventionally Loaded Lane Homes (PA 1-4)
980 Montecito Drive, Suite 300
Corona, Ca 92879
951-817-3532
Architecture + Planning
17911 Von Karman Ave.

Suite 200
Irvine, CA 92614
ktgy.com
949.851.2133
1226
P-2G
P-1
P-1
P-2G
P-2G
P-2 P-1
P-2
P-1P-1
P-1 P-2
P-1 P-2G P-2 P-1
30'
24'
6'
11' 11' 11'
8'
4' 4'
5'
3' 3'
10'
3'
5'
Building Separation
Front to side living space 8'
Side to side living space 8'
Side to side living space (with parking space in between) 11' Rear living to rear living 8'
Front Setbacks (Private Street Facing) - To Back of Sidewalk Living space 5'
Porch, balcony 3'
Garden wall 3'
Front setbacks (Private Lane facing) 3'
Side Setbacks - To Parcel Edge/Site Boundary
Living space to property line 10'
Non-living space (garage-single story) 6'
Living space (adjacent to Cucumonga Creek Channel) 4'
Rear Setbacks - To Parcel Edge/Site Boundary
Living space (2-story) 10'
Living space (3-story) 10'
Garage Setbacks
Garage face to garage face 30'
Garage face to lane (drive apron) 3
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Maximum Encroachments into Building Setbacks
Second/third floor cantilever over garage 3'
Fireplace, media niche (8' max. length), bay windows
furr outs, etc. 2'
Potshelves, brackets, eaves, awnings, eyebrows,
canopies, cantilever decks, etc.

Additional 36”
over porch or
furring setback
Private Open Space Per Unit
Minimum dimension 4'
Total per unit 70 s.f.

Parking
2 spaces per homes, at least 1 is required to be covered Building Height
Architectural projections may exceed the
maximum building height of 42' by an additional 3'
Specific Plan — August 2006 7-53
Amended June 2020
Table 7-1: Conventionally Loaded Lane Homes Development Standards Conventionally Loaded Lane Homes - Product 2 (PA 1 & 4) Typical Product Plotting Concept
2-Story Diagram
Private Street
Private Lane
Note: Auto
Court and laneloaded Private
Lanes shall be
enhanced with a
ribbon of either
colored concrete,
stamped
concrete, pavers
or other similar
decorative
materials.

Private Lane
1227
Private Lane
7-54 Specific Plan — August 2006
Amended June 2020
P-1
P-2 P-3 P-4P-2 P-3 P-4
P-1X
P-3Y
P-4X
P-2 P-3 P-4
6'
5'
10' 11'
11'
10'
4' 4'
8'
3' 3'
30'
24'
3'
6'
P-3
P-1P-1
Conventionally-Loaded Lane Homes (up to 12-Plex)- Product 3 (PA 2, 3 & 4) Typical Product Plotting Concept
2-Story Diagram
Private Street
Private Lane
Note: Auto Court and lane-loaded Private Lanes shall be enhanced with a ribbon of either colored concrete, stamped concrete, pavers or other similar decorative materials. 1228
Specific Plan — August 2006 7-55
Amended June 2020
30'
24'
3'
5'
6'
4' 4'
8'
8' 8' 8' 10'
3'
Conventionally-Loaded Lane Homes- Product 4 (PA 1 & 4)
Typical Product Plotting Concept
2-Story Diagram
Private Street
Private Lane
Private Lane
Note: Auto Court and lane-loaded Private Lanes shall be enhanced with a ribbon of either colored concrete, stamped concrete, pavers or other similar decorative materials. 1229
B. Detached Green Court Cluster (Up to 8 - 10-Plex) (PA 1, 4, 7 & 8) Characteristics
• Single-family detached dwellings clustered along
paseo/court;
• Automobile access via lanes (private alleys);
• Primary entries and walks face paseo/court or street; • Private side yards/patios;
• Parking for residents provided in garages or in
uncovered resident parking spaces;
• Guest parking provided on local streets, designated
parking areas, or as approved by the City; and
• Reciprocal use easements extend private space.

Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.
“LIBERTY DELUXE”
8 - PLEX GREEN COURT S.F.D. HARVEST @ CHINO LEWIS COMMUNITY DEVELOPERS | Chino, California | Submittal Set | July 12 , 2016 | Sheet 9

CELEBRATION STREET
3D PERSPECTIVE
7-56 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1230
Building Separation
Front to front living space 13'
Side to side living space 6'
Front (Private Street-Facing) Setbacks - To Back of Sidewalk Living space 7'
Porch, balcony 3'
Garden wall 3'
Side Setbacks - To Lot Edge
Living space to property line 10'
Rear Setbacks - To Lot Edge
Living space 10'
Garage Setbacks
Garage face to garage face 30'
Garage face to driveway (apron) 3'
Drive aprons shall be 5’ or less in length or 18’ in
length or greater.

Additional 36”
over porch or
furring setback
Private Open Space Per Unit
Minimum dimension 5'
Total per unit 70 s.f.

Parking
2 spaces per unit, at least 1 space needs to be covered.

Building Height
Architectural projections may exceed the
maximum building height of 42' by an additional 3'.

Note: Green Court pedestrian entries may have decorative arbor (or other similar decorative design feature to enhance pedestrian scale and street scene.

Typical Product Plotting Concept
2-Story Diagram
Table 7-2: Detached Green Court Cluster Development Standards Specific Plan — August 2006 7-57
Amended June 2020
November 2023 DRAFT
Private Street
Private LanePrivate LanePrivate Lane
Detached Green Court Cluster (Up to 8 -10-Plex)-
Product 1 (PA 1, 4, 7 & 8)
1231
Page intentionally left blank
7-58 Specific Plan — August 2006
Amended June 2020 1232
Detached Green Court Cluster (Up to 8 -10-Plex)-
Product 1 (PA 1, 4, 7 & 8)
Specific Plan — August 2006 7-59
Amended June 2020
November 2023 DRAFT
Note: Auto Court and lane-loaded Private Lanes shall be enhanced with a ribbon of either colored concrete, stamped concrete, pavers or other similar decorative materials. 1233
C. Conventionally Loaded Lane Homes (Full Driveways) (PA 1, 7 & 8)* Characteristics
• Conventionally loaded lane homes are dwellings
face street or lanes (private alleys);
• Automobile access via streets or lanes (private alleys); • Primary entries and walks face streets or lanes
(private alleys);
• Private yards/patios;
• Reciprocal use easements may extend private spaces
on sides of buildings;
• Parking for residents provided in garages and
driveways; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.

Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.
7-60 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1234
Table 7-3: Conventionally Loaded Lane Home Development Standards Conventionally Loaded Lane Home (Full Driveways) (PA 1, 7 & 8)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Building Separation
Front to side living space N/A
Side to side living space 6.5'
Rear living to rear living 10'
Front Setbacks (Private Street Facing) - To Back of Sidewalk Living space 8'
Porch, balcony 5'
Garden wall 3'
Garage Setbacks
Garage face to lane (drive apron) 18'
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Maximum Encroachments into Building Setbacks
Second floor cantilever over garage 10'
Private Open Space Per Unit
Minimum dimension 10'
Total per unit 100 s.f.

Parking
Per Ontario Development Code
Building Height
Architectural projections may exceed the
maximum building height of 35' by an additional 5'.

Specific Plan — August 2006 7-61
Amended June 2020
November 2023 DRAFT
Typical Product Plotting Concept
2-Story Diagram
Private Street Private Lane
Note: Auto
Court and laneloaded Private
Lanes shall be
enhanced with a
ribbon of either
colored concrete,
stamped
concrete, pavers
or other similar
decorative
materials.
1235
7-62 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
D. Conventionally Loaded Lane Home (Varied Driveways) (PA 1, 7 & 8)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Characteristics
• Conventionally Loaded Lane Homes are detached
dwellings face street or lanes (private alleys);
• Automobile access via streets or lanes (private alleys); • Primary entries and walks face streets or lanes
(private alleys);
• Private yards/patios;
• Reciprocal use easements may extend private spaces
on sides of buildings;
• Parking for residents provided in garages and
driveways; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.

Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.
1236
Specific Plan — August 2006 7-63
Amended June 2020
November 2023 DRAFT
Table 7-4: Conventionally Loaded Lane Home Development Standards Conventionally Loaded Lane Home (Varied Driveways) (PA 1, 7 & 8)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Building Separation
Front to side living space 6.5'
Side to side living space 6.5'
Rear living to rear living 10'
Front Setbacks (Private Street Facing) - To Back of Sidewalk Living space 8'
Porch, balcony 5'
Garden wall 3'
Garage Setbacks
Garage face to lane (drive apron) 8'
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Maximum Encroachments into Building Setbacks
Second floor cantilever over garage 2'
Private Open Space Per Unit
Minimum dimension 10'
Total per unit 100 s.f.

Parking
Per Ontario Development Code
Building Height
Architectural projections may exceed the
maximum building height of 35' by an additional 5'
Typical Product Plotting Concept
2-Story Diagram
Note: Auto Court
and lane-loaded
Private Lanes shall
be enhanced with
a ribbon of either
colored concrete,
stamped concrete,
pavers or other
similar decorative
materials.
1237
E. Detached Green Court Paseo Cluster (6 or 8-Plex) (PA 1, 7 & 8)* Characteristics
• Single-family detached dwellings clustered along
paseo/court;
• Automobile access via lanes (private alleys);
• Primary entries and walks face paseo/court or street; • Private side yards/patios;
• Reciprocal use easements extend private space;
• Parking for residents provided in garages; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.

Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.
7-64 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1238
Detached Green Court Paseo Cluster (6 or 8-Plex) (PA 1, 7 & 8)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Table 7-5: Detached Green Court Paseo Cluster (6- or 8-Plex) Development Standards Typical Product Plotting Concept
2-Story Diagram
Private Street
Building Separation
Front to front living space -paseo/court 6.5' to 13'
Side to side living space 6.5'
Opposing entries—door to door 13'
Side Setbacks - To Back of Sidewalk - Private Street Facing Living space 8'
Porch 5'
Garden wall 3'
Side Setbacks - To Lot Edge
Living space 10'
Non-living space (garage -single story) 6'
Garage Setbacks
Garage face to garage face 30'
Garage face to lane (drive apron) 3'-5'
Living space (to lane edge) 10'
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Note: Lane width will increase to 24' when the length exceeds 150' Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay windows
(cantilevered) potshelves, brackets, etc. 1.5'*
Second floor cantilever over garage 2'
Private Open Space Per Unit
Minimum dimension 7'
Total per unit 70 s.f.

Parking
Per Ontario Development Code
Building Height
Architectural projections may exceed the
maximum building height of 35' by an additional 5'.
* 3' min. from PL
Note: Green Court pedestrian entries may have decorative arbor (or other similar decorative design feature to enhance pedestrian scale and street scene.

Specific Plan — August 2006 7-65
Amended June 2020
November 2023 DRAFT
1239
F. Semi-Detached Green Court Cluster (8 to 10 Plex) (PA 1, 6, 7 & 8)* Characteristics
• Single-family detached dwellings clustered around
Auto Court;
• Automobile access via common auto court driveway;
• Primary entries and walks face auto court or street;
• Private side and rear yards;
• Parking for residents provided in garages;
• Guest parking provided on local streets, designated
parking areas, or as approved by the City; and
• Reciprocal use easements extend private space.

Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.
• Detached Green Court Cluster can be configured
with up to 10 units.
7-66 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1240
Semi-Detached Green Court Cluster (8 to 10-Plex) (PA 1, 6, 7 & 8)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Building Separation
Front to front living space 10'
Side to side living space 8' or
2" airspace
Front (Private Street-Facing) Setbacks - To Back of Sidewalk Living space 8'
Porch, balcony 5'
Garden wall 3'
Side Setbacks - To Lot Edge
Living space to property line 4'
Rear Setbacks - To Lot Edge
Living space 105'
Garage Setbacks
Garage face to garage face 30'
Garage face to driveway (apron) 32'-5'
Drive aprons shall be 5’ or less in length or 18’ in
length or greater. .

Note: Lane width will increase to 24' when the length exceeds 150' Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay windows
(cantilevered), potshelves, brackets, etc. 2'*
Second floor cantilever over garage 2'
Private Open Space Per Unit
Minimum dimension 76'
Total per unit 70 s.f.

Parking
Per Ontario Development Code
Building Height 45'
Architectural projections may exceed the
maximum building height of 42' by an additional 3'.
* 3' min. from PL
Note: Green Court pedestrian entries may have decorative arbor (or other similar decorative design feature to enhance pedestrian scale and street scene.

Table 7-6: Semi-Detached Green Court Cluster Development Standards 5’
Typical Product Plotting Concept
2-3 Story Diagram
Specific Plan — August 2006 7-67
Amended June 2020
November 2023 DRAFT
1241
G. Detached Auto Court Cluster (Full Driveways) (PA 1, 7 & 8)* Characteristics
• Single-family detached dwellings clustered around
auto court;
• Automobile access via common auto court driveway;
• Primary entries and walks face auto court or street
• Private side and rear yards;
• Parking for residents provided in garages; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.
• Reciprocal use easements extend private space
Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.
7-68 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1242
Detached Auto Court Cluster (Full Driveways) (PA 1, 7, & 8)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Table 7-7: Detached Auto Court Cluster (6-Plex) Development Standards Building Separation
Front to side living space 8' (4'+4')
Side to side living space 8' (4'+4')
Front Setbacks (Private Street Facing) - To Back of Sidewalk Living space 8'
Porch, balcony 5'
Garden wall 3'
Side Setbacks - To Lot Edge
Living space 4'
Garage Setbacks
Garage facing street 18'
Garage face to garage face 30'
Garage face to lane (drive apron) 5'
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Note: Lane width will increase to 24' when the length exceeds 150' Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay windows
(cantilevered), potshelves, brackets, etc. 2'*
Second floor cantilever over garage 2'
Private Open Space Per Unit
Minimum dimension 8'
Total per unit 100' s.f.

Parking
Per Ontario Development Code
Building Height 45'
Architectural projections may exceed the
maximum building height of 35' by an additional 5'.
*3' min. from PL
Specific Plan — August 2006 7-69
Amended June 2020
November 2023 DRAFT
Note: Auto Court and laneloaded Private Lanes shall
be enhanced with a ribbon
of either colored concrete,
stamped concrete, pavers
or other similar decorative
materials.

Rear PL
Side Unit
Side Unit
Street
Front
Unit
Street
Front
Unit
Auto Court
Typical Product Plotting Concept
2 - 3 Story Diagram
1243
H. Detached Auto Court Cluster (Varied Driveways) (PA 1, 7 & 8)* Characteristics
• Single-family detached dwellings clustered around
auto court;
• Automobile access via common auto court driveway;
• Primary entries and walks face auto court or street;
• Private side and rear yards;
• Parking for residents provided in garages;
• Guest parking provided on local streets, designated
parking areas, or as approved by the City; and
• Reciprocal use easements extend private space.

Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7—Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7—Residential
Design Guidelines, for specific criteria regarding all
landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.

Not to Scale
7-70 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1244
Detached Auto Court Cluster (Varied Driveways) (PA 1, 7 & 8)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Table 7-8: Detached Auto Court Cluster (6- or 8-Plex) Development Standards Typical Product Plotting Concept
2 - 3 Story Diagram
Private Street
Auto Court
Building Separation
Front to side living space 8'
Side to side living space with entrance 10'
Side to side living space 8' (4'+4')
Side Setbacks - To Back of Sidewalk - Private Street Facing Living space 8'
Porch, balcony 5'
Garden wall 3'
Rear Setbacks - To Lot Edge
Living space 10'
Garage Setbacks
Garage face to garage face 30'
Garage face to driveway (apron) 3'-5'
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Note: Lane width will increase to 24' when the length exceeds 150' Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay windows
(cantilevered), potshelves, brackets, etc. 2'*
Second floor cantilever over garage 2'
Private Open Space Per Unit
Minimum dimension 10'
Total per unit 100 s.f.

Parking
Per Ontario Development Code
Building Height 45'
Architectural projections may exceed the
maximum building height of 42' by an additional 5'.
* 3' min. from PL
Specific Plan — August 2006 7-71
Amended June 2020
November 2023 DRAFT
Note: Auto Court and
lane-loaded Private Lanes
shall be enhanced with a
ribbon of either colored
concrete, stamped
concrete, pavers or
other similar decorative
materials.
1245
I. Attached Duplex (PA 5, 9, 10, 11, 12, 14, 15, 16, 17, & 18)* Characteristics
• Single-family attached dwelling;
• Oriented toward street or paseos;
• Lane (private alley) loaded automobile access;
• Paired homes enter from front or side;
• Private rear or side yards or patios;
• Parking for residents provided in garages; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.

Not to Scale
7-72 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
Hom
1246
Attached Duplex (PA 5, 9, 10, 11, 12, 14, 15, 16, 17, & 18)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Table 7-9: Attached Duplex Development Standards
Typical Product Plotting Concept
2-Story Diagram
Front Setbacks
Front to Front living space 23.5'
Side Setbacks
Side to side living space 10 8' (5 4' +5 4')
Side Setbacks at Corners - To Back of Sidewalk
Living space 11'
Living space (2-story) 10'
Living space (3-story) 15'
Porch or balcony 5'
Garden wall 3'
Rear Setbacks
Living space (ground floor) to property line 25' 10'
Note: Maximum lot coverage is 60%.

Garage Setbacks
Garage 5'
(15' to center line of alley)
Garage face to garage face 30'
Garage face to lane 3'-5'*
Drive aprons shall be 5’ or less in length or 18’ in
length or greater.

Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay
windows (cantilevered), potshelves, brackets, etc. 2'
Up to one encroachment of 6' is allowed for
required patio along a paseo or green court.

Private Open Space Per Unit
Minimum dimension 7' 6’
Total per unit 150 s.f. 120 s.f.

Parking 9' x 18' Clear
Per Ontario Development Code
Building Height
Architectural projections may exceed the
maximum building height of 35' by an additional 5'.
* Measurement is to be taken from the inside of the curb Specific Plan — August 2006 7-73
Amended June 2020
November 2023 DRAFT
1247
Characteristics
• Attached multi-family dwellings face street or
green court;
• Automobile access via lanes (private alleys);
• Primary entries and walks face green court or street; • Private courtyards/patios and common open space;
• Parking for residents provided in garages; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City;
Notes
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.

J. Attached Triplex (PA 5, 9, 10, 11, 12, 14, 15, 16, 17 & 18)* Not to Scale
7-74 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1248
Attached Triplex (PA 5, 9, 10, 11, 12, 14, 15, 16, 17 & 18)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Table 7-10: Triplex Development Standards
Building Separation
Front to front living space
28' minimum/35' average - up to 20% of building length 30' - central court Front to side 25'
Porch/balcony to porch/balcony 14'
Porch/balcony to side 15'
Side to side 15'
Side to front 22'
Front Setbacks - To Back of Sidewalk- Private Street Facing Living space 10'
Living space (2-story) 15'
Living space (3-story) 20'
Porch/balcony 5'
Garden wall 3'
Side Setbacks
Living space to back of sidewalk 10'
Porch/balcony to back of sidewalk 5'
Garden wall to back of sidewalk 3'
Garage Setbacks
Garage face to garage face 30'
Garage face to lane (drive apron) 3'-5'*
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Living space over garage - min. offset
or max. cantilever from face of garage
2'
Note: Lane width may be increased to 24' when the lane length exceeds 150'.

Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay windows
(cantilevered), potshelves, brackets, etc.
2'
Private Open Space Per Unit
Minimum dimension 7'
Total per unit 150 s.f.

Typical Product Plotting Concept
2-Story Diagram
Specific Plan — August 2006 7-75
Amended June 2020
November 2023 DRAFT
1249
K. Attached Higher Density Townhomes (PA 5, 9, 10, 11, 12, 14, 15, 16, 17 18)* Characteristics
• Attached multi-family dwellings face street or
green court;
• Automobile access via lanes (private alleys);
• Primary entries and walks face green court or street; • Private courtyards/patios;
• Parking for residents provided in garages; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.

Not to Scale
7-76 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1250
Table 7-11: Attached Higher Density Townhomes Development Standards Attached Higher Density Townhomes (PA 5, 9, 10, 11, 12, 14, 15, 16, 17 18)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Building Separations
Front to front living space
20' minimum/25' average - up to 20%
of building length
30' - central court
Front to side living space 25'
Porch/balcony to porch/balcony 14'
Porch/balcony to side 15'
Side to side living space 15'
Opposing entries - door to door 20'
Front Setbacks - To Back of Sidewalk - Private Street Facing Living space 10'
Living space (2-story) 15'
Living space (3-story) 20'
Porch/balcony 5'
Garden wall 3'
Side Setbacks - To Back of Sidewalk - Street Facing
Living space to back of sidewalk 10'
Porch/balcony to back of sidewalk 5'
Garden wall to back of sidewalk 3'
Living space to back of curb (in alley) 8'
Garage Setbacks
Garage face to garage face 30'
Garage face to lane (drive apron) 3'-5'*
Drive aprons shall be 5’ or less in length or 18’ in
length or greater.

Living space over garage - min. offset or max. cantilever from face of garage 2'
Note: Lane width will increase to 24' when the length exceeds 150' Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length),
bay windows (cantilevered), potshelves, brackets, etc. 2' Private Open Space Per Unit
Minimum dimension 7'
Total per unit 150 s.f.

Parking 9’ x 18’
Clear
Per Ontario Development Code
Building Height
Architectural projections may exceed the
maximum building height of 35' by an additional 5'.
*Measurement is to be taken from the inside of the curb.

Typical Product Plotting Concept
2-Story Diagram
Specific Plan — August 2006 7-77
Amended June 2020
November 2023 DRAFT
1251
7-78 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
L. Attached Row Townhomes (PA 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, & 18)* Characteristics
• Attached multi-family dwellings face street or
green court;
• Automobile access via lanes (private alleys);
• Primary entries face street or common open space;
• Private patios/courtyards;
• Parking for residents provided in garages; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.

A2.0 CONCEPT ELEVATION 0 8 16 32 3 STORY TOWNHOME
Architecture + Planning
888.456.5849
ktgy.com

PARKSIDE PHASE II
ONTARIO, CA # 2018-0220

CONCEPT DESIGN
JUNE 4, 2018
Lewis Management Corp.
1156 N. Mountain Avenue
Upland, CA 91786
1252
Specific Plan — August 2006 7-79
Amended June 2020
November 2023 DRAFT
Attached Row Townhomes (PA 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, & 18)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Table 7-12: Attached Townhomes Development Standards
5’ 5’
Typical Product Plotting Concept
3-Story Diagram with Tandem and Two-Car Garages
Building Setbacks
Front to front living space 26' minimum
Side to side 10'
Front Setbacks (Private Street Facing) - To Back of Sidewalk Living space 10'
Porch 5'
Garden wall 5’
Garage Setbacks
Garage face to garage face 30'
Garage face to lane (drive apron) 3'-5'
Drive aprons shall be 5’ or less in length or 18’ in length or greater.

Note: Lane width will increase to 26' when the length exceeds 150' Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay windows
(cantilevered), potshelves, brackets, etc. 2'*
Second floor cantilever over garage 2'
Private Open Space Per Unit
Minimum dimension 5'
Total per unit 50 s.f.

Parking 9’ x 18’
Clear
Per Ontario Development Code
Building Height 45'
Architectural projections may exceed the
maximum building height of 42' by an additional 3'.
*3' from PL
0 4
1253
M. Attached Auto Court Cluster (10- to 14-Plex) (PA 6, & 13, 14, 15, 16 & 18)* Characteristics
• Living spaces oriented toward streets or paseos;
• Homes enter from front, side and lane;
• Lane to Auto Court vehicle access;
• Homes have courtyards, porches or balconies;
• Parking for residents provided in 1- or 2-car
garages; and
• Guest parking provided on local streets, designated
parking areas, or as approved by the City.

Notes:
• Actual acreages, lot sizes, unit counts and densities may vary based on final plans.
• Refer to other areas of Section 7–Residential Design
Guidelines, for more specific criteria regarding
building design, plotting, styles, materials, details
and implementation.
• Refer to other areas of Section 7–Residential Design
Guidelines, for specific criteria regarding all landscape design and implementation.
• Typical Product Plotting Concepts are provided for
representative purposes only and are not intended
to be mandated layouts.
7-80 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
Not to Scale
1254
Attached Auto Court Cluster (10- to 14-Plex) (PA 6, & 13, 14, 15, 16 & 18)* * Proposed product types in each Planning Area are subject to change based on final development submittal.

Table 7-13: Attached Auto Court Cluster (10- to 14-Plex) Development Standards Typical Product Plotting Concept
3-Story Diagram
Building Separation
Front to front 32' minimum
Porch/balcony to porch/balcony 21'
Opposing entries - door to door 36'
Front Setbacks - To Back of Sidewalk
Living space 10'
Living space (2-story) 15'
Living space (3-story) 20'
Porch/balcony - street facing 5'
Garden wall 3'
Note: Decorative paving to be provided at the
entrance of the motor court area.

Garage Setbacks
Living space over garage - min. offset or max.
cantilever from face of garage
2’
Drive aprons shall be 5’ or less in length or 18’
in length or greater.

Maximum Encroachments into Building Setbacks
Fireplace, media niche (8' max length), bay
windows (cantilevered), potshelves, brackets, etc.

2.5'
Private Open Space Per Unit
Minimum dimension 7'
Total per unit 150 s.f.

Parking 9’ x 18’ Clear
Per City of Ontario Development Code
Building Height 45'
Architectural projections may exceed the
maximum building height of 42' by an additional 3'.

Note: Lane width may be increased to 24’ when the lane
length exceeds 150’.

Auto Court
Specific Plan — August 2006 7-81
Amended June 2020
November 2023 DRAFT
Note: Auto Court and
lane-loaded Private Lanes
shall be enhanced with a
ribbon of either colored
concrete, stamped
concrete, pavers or
other similar decorative
materials.
1255

7.7 Landscape

7.7.1 Introduction
Careful consideration has been given to the design of
the community landscape character for the Specific
Plan area. The following design guidelines are organized to help define the landscape design principles for the
Specific Plan. Observing these guidelines will help to
assure the “design vision” and integrity of this planned community.

7.7.2 Overall Streetscapes and Entries
All landscape plans, streetscape plans, and graphic
designs with regard to community identity, neighborhood identity, or entry monumentation shall conform to the
guidelines as set forth herein, and shall be subject to review and approval by the City. Conceptual design
for all public and private landscaping, streetscape and entries shall maintain a cohesive design character in
massing, form, and texture, and provide compatibility
with future designs for the Great Park. Landscaped
materials (trees, shrubs, vines, and groundcovers) shall be provided per the Ontario Ranch Streetscape Master
Plan (Streetscape Master Plan).

7.7.3 Perimeter Streetscape Design
Streetscape design guidelines establish a hierarchy for the landscape development along the surrounding roadways,
as well as establishing a framework for consistency of
design. All streetscape design including the neighborhood edges shall be in substantial conformance with the
Streetscape Master Plan. The design are subject to
change dues to NPDES standards and must be approved
by the City. Four major arterials surround the Specific Plan area: Archibald Ave. to the east, Ontario Ranch Rd. to the north, Eucalyptus Ave. to the south, and Carpenter Ave. to the west. Landscape easements associated with
these roadways have also been defined.

Landscape development surrounding this community will
help to set the character, while maintaining consistency with the City’s pedestrian pathway system illustrated on the Multipurpose Trails and Bikeway Corridor Plan of
Policy Plan (General Plan) component of The Ontario Plan.

Bus shelter design, if located on perimeter or interior streetscapes, shall incorporate architectural character/ design which is consistent with the neighborhood or
streetscape theme.

Archibald Ave.

Archibald Ave. streetscape along the residential areas
shall include the following:
• A landscaped median (26 feet wide) with a single
row of street trees per the Streetscape Master Plan;
• Landscaping within the parkway (7-foot wide
minimum (west side) with a row of street trees
per the Streetscape Master Plan along both sides
of the street;
• A 5-foot wide sidewalk separated from the 8-foot
wide multi-purpose trail with a 5-foot wide landscape
area along the west side of the street;
• A landscaped neighborhood edge (NE) of 50 feet
measured from face of curb to perimeter wall on
the west side of the street with 25 feet of buffer
landscape; and
7-82 Specific Plan — August 2006
Amended June 2020 1256
• Background trees and shrub masses planted in series
of layers (foreground, midground, background)
to help define borders and plant grouping while
combining interesting foliage textures and color.

Tree species per Streetscape Master Plan.
• Refer to the streetscape cross section Exhibit 7-3:

Archibald Ave. Streetscape for illustration.

Eucalyptus Ave.

Eucalyptus Ave. streetscape shall include the following:
• A landscaped parkway strip (7-foot wide minimum)
with a single row of street trees per the Streetscape
Master Plan along the north side of the street;
• A shared 13-foot wide sidewalk/multi-purpose trail
with an additional 5 feet of landscape along the
north side of the street;
• A landscape easement of 35 feet measured from
face of curb to perimeter wall on the north side of
the street;
• Background trees and shrub masses planted in series
of layers (foreground, midground, and background)
to help define borders and plant groupings while
combining interesting foliage textures and color.

Tree species per the Streetscape Master Plan;
• Refer to streetscape cross section Exhibit 7-4:

Eucalyptus Ave. Streetscape for illustration.

Ontario Ranch Rd.

Ontario Ranch Rd. streetscape along the residential
areas shall include the following:
• A landscaped parkway (7 10 -foot wide minimum)
with a single row of street trees per the Streetscape
Master Plan along both sides of the street;
• A 5-foot sidewalk separated from the 8-foot wide
multi-purpose trail with 5 feet of landscape along
the south side of the street;
• A Neighborhood Edge of 50 feet measured from
face of curb to perimeter wall on the south side of
the street with 25 feet of buffer landscape;
• Background trees and shrub masses planted in series
of layers (foreground, midground, background)
to help define borders and plant groupings while
combining interesting foliage textures and color.

Tree species per the Streetscape Master Plan;
• Refer to the streetscape cross section Exhibit 7-5:

Ontario Ranch Rd. Streetscape for illustration.

Carpenter Ave.

Carpenter Ave. streetscape shall include the following:
• A landscaped parkway (8 feet wide) with a single
row of street trees along east side of the street;
• A 5-foot sidewalk on the east side of Carpenter Ave.; • A Neighborhood Edge of 23 feet measured from
face of curb to perimeter wall on the east side of
the street with 10 feet of buffer landscape;
• Background trees and shrub masses planted in series
of layers (foreground, midground, background)
to help define borders and plant groupings while
combining interesting foliage textures and color; and
• Refer to the streetscape cross section Exhibit 7-6:

Carpenter Ave. Streetscape for illustration.

Specific Plan — August 2006 7-83
Amended June 2020
November 2023 DRAFT
1257
Exhibit 7-2: Conceptual Streetscape Master Plan
Legend
Community Gateway Monument
Primary Community Gateway Monument
Major Community Gateway Monument (Gated)
Secondary Community Gateway Monument (Gated)
Secondary Community Gateway
Secondary Community Gateway Monument
Enhanced Landscape Setback
Major Pedestrian Connection
Regional Trail
Great Parks
Private Parks
Recreation Area
Park & Trail Pedestrian Connections
Archibald Avenue
Ontario Ranch Road
Eucalyptus Avenue
PA 10
PA 9
PA 11
PA 12
PA 8
PA 7
PA 14
PA 13
PA 6
PA 5
PA 16
PA 15
PA 3
PA 18
PA 19
PA
20 PA 21 PA 21 PA 21 PA 21
PA
22 PA 17
PA 4
PA 2
PA 1
Cucamonga Creek Channel
Hellman Avenue
Carpenter Avenue
East Grand Park Drive
East Grifth Court
PA 23
South McClaren Place
7-84 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1258
Exhibit 7-3: Archibald Ave. Streetscape
Parkway and median trees shall match the Streetscape Master Plan.

Specific Plan — August 2006 7-85
Amended June 2020 1259
Exhibit 7-4: Eucalyptus Ave. Streetscape
Parkway trees shall match the Streetscape Master Plan . 15’
8’
7’
7-86 Specific Plan — August 2006
Amended June 2020 1260
Exhibit 7-5: Ontario Ranch Rd. Streetscape
Parkway and median trees shall match the Streetscape Master Plan.

Specific Plan — August 2006 7-87
Amended June 2020 1261
Exhibit 7-6: Carpenter Ave. Streetscape
7-88 Specific Plan — August 2006
Amended June 2020 1262

7.7.4 Interior Streetscape Design
Streetscape design within the interior of the Parkside
Specific Plan community shall be consistent in character with the perimeter streetscapes and should help to
promote pedestrian circulation into the Great Park.

Hellman Ave.

While Hellman Avenue is an interior street, the streetscape design is subject to the Streetscape Master Plan and shall include the following:
• A landscaped parkway (7-foot wide minimum) to
accommodate shrubs and ground cover with a single
row of street trees per the Streetscape Master Plan,
along both sides of the street;
• A 5-foot wide sidewalk along both sides of the
street that makes additional connections to park
and paseo walkways;
• A Neighborhood Edge of 30 feet measured from face
of curb to perimeter wall on both sides of the street
with 18 feet of buffer landscape. Adjacent to the
Park, there is no need for the 30-foot neighborhood
edge. Tree species per the Streetscape Master Plan;
• Refer to streetscape section Exhibit 7-7: Hellman
Ave. Streetscape for illustration.

Primary Local Street
Where interior streetscapes interface with the Great Park and open space, special consideration should be taken
to integrate pedestrian circulation into these areas via a street side pedestrian paseo system that links sidewalks to active walking trails and open space uses.
• A landscaped parkway (7-foot wide minimum) to
accommodate shrubs and ground cover, along both
sides of the street;
• A lineal sidewalk (5-foot wide) along both sides of
the street that makes additional connections to
park and paseo walkways;
• Refer to streetscape section Exhibit 7-8: Primary
Local Street for illustration.

7.7.5 Lanes (Private Alleys)
Lanes (private alleys) proposed in detached, cluster,
attached, and multi-family neighborhoods will be
landscaped with smaller scale trees, shrubs, vines,
and groundcover along pavement edges, to help add
a pedestrian scale to the streetscene. Refer to Exhibits 7-9 & 7-10: Conceptual Lane (Private Alley) Streetscape.

Specific Plan — August 2006 7-89
Amended June 2020 1263
Exhibit 7-7: Hellman Ave. Streetscape
Parkway trees shall match the Streetscape Master Plan.
7-90 Specific Plan — August 2006
Amended June 2020 1264
Exhibit 7-8: Primary Local Street

STREETSCAPE MASTER PLAN
Specific Plan — August 2006 7-91
Amended June 2020 1265
Exhibit 7-9: Conceptual Lane (Private Alley) Streetscape Lanes (Private Alleys)
20’ Paved Section / 30’ Width, Garage to Garage
Note: Lane (private alley) paving may increase to 24’ if required by the City Fire Department
7-92 Specific Plan — August 2006
Amended June 2020 1266
Exhibit 7-10: Conceptual Lane (Private Alley) Streetscape Lanes (Private Alleys)
24’ Paved Section / 30’ Width, Garage to Garage
Specific Plan — August 2006 7-93
Amended June 2020 1267

7.7.6 Entries and Monumentation
Monumentation occurs throughout the Parkside Specific Plan community and is designed to establish a hierarchy for entering each area of the community. Along the perimeter edges there are several entry points into the community.

At key entries, a landscape and monumentation program will be utilized to help identify the community as well as convey a “welcoming” feeling for both vehicular and pedestrian traffic. Five entry and monument treatments are used to set this hierarchy: Community Gateway Monuments, Primary Community Gateway Entries, Major Community Gateway Entries, Secondary Community Entries, and Secondary Community Entry Monuments.

Refer to Exhibit 7-11: Community Gateway Monument Plan for illustration of locations.

Exhibit 7-11: Community Gateway Monument Plan
Archibald Avenue
Ontario Ranch Road
Eucalyptus Avenue
PA 10
PA 9
PA 11
PA 12
PA 8
PA 7
PA 14
PA 13
PA 6
PA 5
PA 16
PA 15
PA 3
PA 18
PA 19
PA
20 PA 21 PA 21 PA 21 PA 21
PA
22 PA 17
PA 4
PA 2
PA 1
Cucamonga Creek Channel
Hellman Avenue
Carpenter Avenue
East Grand Park Drive
East Grifth Court
PA 23
Legend
Community Gateway Monument
Primary Community Gateway Monument
Major Community Gateway Monument (Gated)
Enhanced Landscape Setback
Major Pedestrian Connection
Great Parks
Private Parks
South McClaren Place
7-94 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1268
Exhibit 7-12: Community Gateway Monument Concept Carpenter Ave. Hellman Ave. Archibald Ave.

Ontario Ranch Rd.

Eucalyptus Ave. Cucamonga Creek Channel
Community Gateway Monuments
The community’s identity will be defined at the four
corners of the Specific Plan area. These four icons or
“landmarks” will announce the Parkside community
as somewhere truly special. Refer to Exhibit 7-12:

Community Gateway Monument Concept for illustration.

Specific Plan — August 2006 7-95
Amended June 2020 1269
Primary Community Gateway Entry
Parkside will have three primary entries located at the major entry points into this community. Since two of
these entries are shared points with the Great Park,
the key design elements between the two should be
continued and reinforced.
• A scaled-down version of the Community Gateway
Monument shall be incorporated into the primary
entry statement and located to create a symmetrical
formal design;
• The central primary statement shall be back dropped
by an elegant 7-foot high stucco, brick, stone, or
decorative split face block wall. The end of the wall
shall be anchored by an icon column;
• Community identification opportunities are located
within the base of the primary statement or within
a plaque inlaid into the anchoring columns;
• Architectural concrete caps, columns, trims, and
bases help delineate each veneered material used;
• A linear row of vertical specimen screen trees shall
be located behind the brick, stone, or decorative
split face block wall, and in front of the community
perimeter wall;
• Strong use of seasonal perennial and annuals providing for seasonal flowering and interest is encouraged;
• Accent trees and shrub masses planted in series of
layers (foreground, midground, background) to help
define borders and plant groupings while combining
interesting foliage textures and color;
• Accent and up-lighting of landscape/
monumentation; and
• Refer to Exhibit 7-13: Primary Community Gateway
Entry Concept for illustration.

Carpenter Ave.

Hellman Ave.

Archibald Ave.

Ontario Ranch Rd.

Eucalyptus Ave. Cucamonga Creek Channel
7-96 Specific Plan — August 2006
Amended June 2020 1270
Exhibit 7-13: Primary Community Gateway Entry Concept
Specific Plan — August 2006 7-97
Amended June 2020 1271
Major Community Gateway (Gated)
Parkside will have 3 of these types of entry points.

These Gateways will echo the same aesthetic as the
Community Gateway Monuments located at the four
corners of the Specific Plan boundary.
• A scaled-down version of the Community Gateway
Monument shall be incorporated into this entry
statement and located to create a symmetrical
formal design;
• The central primary statement shall be back dropped
by an elegant 7-foot high stucco, brick, stone, or
decorative split face block wall ;
• Community identification opportunities are located
on the monument wall;
• Architectural concrete caps, columns, trims, and
bases may be used;
• Vehicular gates shall complement the style of the
wall and be consistent with the other community
monument characteristics. Gates shall be fully
automatic with a directory system and set back
a minimum of 100 feet from a public street
intersection. Emergency access provided per local
agency requirements;
• A linear row of canopy trees shall be located along
the entry road leading up to the gate as well as in
the median, if a median occurs;
• Strong use of seasonal perennial and annuals providing for seasonal flowering and interest is encouraged;
• Accent trees and shrub masses planted in series of
layers (foreground, midground, background) to help
define borders and plant groupings while combining
interesting foliage textures and color;
• Accent and up-lighting of landscape/
monumentation; and
• Refer to Exhibit 7-14: Major Community Gateway
(Gated) Concept for illustration.

Carpenter Ave.

Hellman Ave.

Archibald Ave.

Ontario Ranch Rd.

Eucalyptus Ave. Cucamonga Creek Channel
7-98 Specific Plan — August 2006
Amended June 2020 1272
Exhibit 7-14: Major Community Gateway (Gated) Concept
Specific Plan — August 2006 7-99
Amended June 2020 1273
Legend
Community Gateway Monument
Secondary Community Gateway Monument (Gated)
Secondary Community Gateway
Secondary Community Gateway Monument
Enhanced Landscape Setback
Major Pedestrian Connection
Great Parks
Private Parks
Archibald Avenue
Ontario Ranch Road
Eucalyptus Avenue
PA 10
PA 9
PA 11
PA 12
PA 8
PA 7
PA 14
PA 13
PA 6
PA 5
PA 16
PA 15
PA 3
PA 18
PA 19
PA
20 PA 21 PA 21 PA 21 PA 21
PA
22 PA 17
PA 4
PA 2
PA 1
Cucamonga Creek Channel
Hellman Avenue
Carpenter Avenue
PA 23
Exhibit 7-15: Secondary Community Entry Monument Plan
Secondary Community Entry (Gated)
Parkside will have one gated Secondary Community
Entry. This entry will combine several neighborhoods
together behind a grand gated entry statement. This
Entry will have similar elements and features as the
other listed entries and monumentation.

The Secondary Community Entry (Gated) shall include
the following:
• A turnaround with decorative paving shall be provided and sized to accommodate required turn-around
clearance and predicted volume of cars;
• Entry sign wall shall be located behind curb
announcing entry into the widened turnaround.

This wall shall be constructed of stucco, brick, stone, or decorative split face block;
• Identification field for potential sign lettering
placement may be on a the sign wall;
• Walls enclosing the turnaround and anchoring
columns and wall at the vehicle gates shall be
stucco, brick, stone, or decorative split face block
with architectural concrete caps, trim and base to
help delineate each veneered material used;
East Grand Park Drive
East Grifth Court
7-100 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1274
Exhibit 7-16: Secondary Community Entry (Gated and Non-Gated) Concept Gated Entry Design Element
Specific Plan — August 2006 7-101
Amended June 2020 1275
• A strong formal linear row of trees is encouraged
for the entry drive;
• Vehicular gates shall complement the style of the
wall and be consistent with the other community
monument characteristics. Gates shall be fully
automatic with a directory system and set back
a minimum of 100 feet from a public street
intersection. Emergency access provided per local
agency requirements;
• Seasonal perennial flowering to allow for seasonal
flowering interest throughout the year;
• Accent trees and shrub masses planted in series of
layers (foreground, midground, background) to help
define borders and plant groupings while combining
interesting foliage textures and color;
• Accent and uplighting of landscape/
monumentation; and
• Refer to Exhibit 7-16: Secondary Community
Entry (Gated) Concept for illustration.

Secondary Community Entry Monument
The Secondary Community Entry Monument shall
include the following:
• Similar in design as the Primary Entries but reduced
in scale;
• Freestanding walls at each corner with anchoring
entry columns. The columns shall be stucco, brick,
stone, or decorative split face block and located
adjacent to right-of-way;
• Identification field for potential sign lettering
placement shall be located on the sign wall;
• Architectural concrete caps, trim, and bases may
be used as well as an eyebrow trellis connected to
the icon column;
• Use of large specimen native trees to flank each
side of entry drive at site entry;
• Seasonal perennial flowering to allow for seasonal
flowering interest throughout the year; Carpenter Ave. Hellman Ave.

Archibald Ave.

Ontario Ranch Rd.

Eucalyptus Ave. Cucamonga Creek Channel
7-102 Specific Plan — August 2006
Amended June 2020 1276
Exhibit 7-17: Secondary Community Entry Monument Concept Specific Plan — August 2006 7-103
Amended June 2020 1277
Legend
Community Gateway Monument
Enhanced Landscape Setback
Major Pedestrian Connection
Regional Trail
Great Parks
Private Parks
Recreation Area
• Accent trees and shrub masses planted in series of
layers (foreground, midground, background) to help
define borders and plant groupings while combining
interesting foliage textures and color;
• Accent and up-lighting of landscape/
monumentation; and
• Refer to Exhibit 7-17: Secondary Community Entry
Monument Concept for illustration.

7.7.7 Parks and Open Space
The Parkside Specific Plan area will have a central Great Park green core that consists primarily of open space
for recreation and passive use. Exterior walkways and
paseos will lead to this centralized area. Private recreation facilities will be provided during the Development
Review process. Refer to Exhibit 7-18: Recreation Areas for illustration.

The following areas make up the remainder of the Park
Exhibit 7-18: Recreation Areas
Archibald Avenue
Ontario Ranch Road
Eucalyptus Avenue
PA 10
PA 9
PA 11
PA 12
PA 8
PA 7
PA 14
PA 13
PA 6
PA 5
PA 16
PA 15
PA 3
PA 18
PA 19
PA
20 PA 21 PA 21 PA 21 PA 21
PA
22 PA 17
PA 4
PA 2
PA 1
Cucamonga Creek Channel
Hellman Avenue
Carpenter Avenue
East Grand Park Drive
East Grifth Court
PA 23
7-104 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1278
and Open Space System for Parkside: private community
recreation and the paseo trail system.

A. The Great Park
The Great Park consists of the following:

Parking—Parking shall be adequate to accommodate
daily use of the park, and will be provided within the
park area;
Landscaping —Landscaping within the Great Park shall
harmonize with the surrounding streetscapes. Large
specimen trees should be used within the open turf
areas to help provide shade and screening of unwanted
views. Accent trees should also be used at pedestrian
entries for color and seasonal interest.

See the Conceptual Great Park Master Plan adopted by
City Council December 2021.

B. Pocket Parks
Pocket parks, if any, will consist of the following:

Parking—On-street parallel parking will be provided
along local streets;
Open turf—Open turf, with bench seating, will be provided throughout the pocket parks. Lighting will be included; Focal Points—Pocket parks may include focal point
elements, such as tot lots, fountains, or small gazebos, depending on the size of the tot lot and orientation in the neighborhood:
• Pocket Park tot lots shall contain either a play area for younger children (2-5 years old) or for older
children (5-12 years old).

Refer to Exhibit 7-19: Pocket Park Concept A, Exhibit
7-21: Pocket Park Concept B and Exhibit 7-20: Pocket
Park A Rendering for detailed conceptual illustrations
of proposed Pocket Parks in Parkside.

7.7.8 Recreation Area Plan
The Recreation Area Plan for Parkside includes
locations envision for private recreation facilities in local neighborhoods. Locations and programming for
the private recreation facilities will be approve through the Development Plan Review process. These recreation
areas may include the following:

Parking–Parking adequate to accommodate daily
use of the recreation areas;
Recreation Building—A recreation building should adhere to the architectural design guidelines and should be
designed to accommodate the community needs;
Pool and Spa Facility—Each neighborhood may have access to a pool (sized adequately to accommodate the needs
of the neighborhood) as well as to serve as a summer
leisure recreational amenity for adults and children of the community;
• The pool decking area should be sized to allow for
lounge chairs and tables. A spa area separate from
the pool may also be located within the recreation
area. A group barbecue facility and shade structure
may be located within the pool deck area. The private
recreational facilities shall be fenced and gated
for resident entry only. Hours of operation will be
enforced in an effort to avoid evening disturbance
to adjacent neighborhoods;
Refer to Exhibit 7-22: Recreation Area Concept A and
Exhibit 7-23: Recreation Area Concept B for detailed
conceptual illustrations of proposed Recreation Areas
in Parkside.

Specific Plan — August 2006 7-105
Amended June 2020
November 2023 DRAFT
1279
Exhibit 7-19: Pocket Park Concept A
Landscaping —Landscaping within the Private recreation
areas shall harmonize with the surrounding streetscapes and adjacent Great Park. Large specimen trees should be used within the open turf areas to help provide shade
and screening of unwanted views. Accent trees should
also be used at pedestrian entries and around the pool
area for color and seasonal interest;
• A strong connection shall be created between
the private recreation area and the surrounding
neighborhoods; and
Paseo walkway System—A paseo walkway system will
be designed to provide connections to adjacent
neighborhoods, the Great Park, and commercial area.

Refer to Exhibit 7-19: Recreation Area Concept A, and
Exhibit 7-21: Recreation Area Concept B.
7-106 Specific Plan — August 2006
Amended June 2020 1280
Exhibit 7-21: Pocket Park Concept B
Exhibit 7-20: Pocket Park A Rendering
Specific Plan — August 2006 7-107
Amended June 2020 1281
Exhibit 7-22: Recreation Area Concept A Carpenter Ave.

Hellman Ave.

Archibald Ave.

Ontario Ranch Rd.

Eucalyptus Ave. Cucamonga Creek Channel
7-108 Specific Plan — August 2006
Amended June 2020 1282
Exhibit 7-23: Recreation Area Concept B
Carpenter Ave.

Hellman Ave.

Archibald Ave.

Ontario Ranch Rd.

Eucalyptus Ave. Cucamonga Creek Channel
Specific Plan — August 2006 7-109
Amended June 2020 1283
Exhibit 7-24: Cucamonga Creek Channel Regional Trail Easement Carpenter Ave.

Hellman Ave.

Archibald Ave.

Ontario Ranch Rd.

Eucalyptus Ave. Cucamonga Creek Channel
Plan View
Section View
7-110 Specific Plan — August 2006
Amended June 2020 1284

7.7.9 Paseo Trail System
Pedestrian circulation is highly encouraged within the
Parkside Specific Plan area. Landscape easements are
provided along major roadways and are encouraged
within the neighborhood communities.

Paseo Trail System—A Paseo walkway system will be designed to provide connections to adjacent neighborhoods, the
recreation areas, the Great Park and commercial area.

The overall trail system will include:

Landscaping—Landscaping along the trails shall harmonize with the surrounding streetscapes;
Paving—Meandering sidewalks are encouraged with
benches located approximately every 500 lineal feet
and enhanced paving at paseo connections where
pedestrian circulation crosses roadways;
Other Elements—Other elements include:
• Light poles shall be located at every 100 feet along
the path;
• Entry points shall have adequate directional signage; • Provide formal pickup/drop off areas at major
entry points;
• Integration of the Channel Regional Trails Plan. Refer to the detailed Exhibit 7-23: Channel Regional Trail
Easement Plan for illustration;
Exhibit 7-25: Channel Regional Trail Easement Plan
Legend
Community Gateway Monument
Enhanced Landscape Setback
Major Pedestrian Connection
Archibald Avenue
Ontario Ranch Road
Eucalyptus Avenue
PA 10
PA 9
PA 11
PA 12
PA 8
PA 7
PA 14
PA 13
PA 6
PA 5
PA 16
PA 15
PA 3
PA 18
PA 19
PA
20 PA 21 PA 21 PA 21 PA 21
PA
22 PA 17
PA 4
PA 2
PA 1
Cucamonga Creek Channel
Hellman Avenue
Carpenter Avenue
East Grand Park Drive
East Grifth Court
PA 23
Regional Trail
Great Parks
Private Parks
Recreation Area
Specific Plan — August 2006 7-111
Amended June 2020
November 2023 DRAFT
1285
Archibald Avenue
Ontario Ranch Road
Eucalyptus Avenue
PA 10
PA 9
PA 11
PA 12
PA 8
PA 7
PA 14
PA 13
PA 6
PA 5
PA 16
PA 15
PA 3
PA 18
PA 19
PA
20 PA 21 PA 21 PA 21 PA 21
PA
22 PA 17
PA 4
PA 2
PA 1
Cucamonga Creek Channel
Hellman Avenue
Carpenter Avenue
East Grand Park Drive
East Grifth Court
PA 23
Exhibit 7-26: Fence/Wall Plan
NTS
Legend
Spit Face Wall
Decorative Entry Wall
Tubular Steel View Fence
Tubular Steel View Fence or Combo Block
Wall W/Tubular Steel Fence
7-112 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1286
Exhibit 7-27: Wall Detail
8X4X16 CMU PRECISION CAP BY ANGELUS BLOCK
6x8x16 SPLIT FACED BLOCK (OUTSIDE FACE ONLY) BY

ANGELUS BLOCK
8X4X16 CMU PRECISION BLOCK BY ANGELUS BLOCK.

PILASTER TO BE CONSTRUCTED FROM SPLIT FACE

BLOCK, RIVER ROCK, LEDGE STONE, FLAG STONE, BRICK

OR OTHER DECORATIVE MATERIAL APPROVED BY THE
CITY. LOCATE AT CORNERS & MAX 150’ O.C.
4” HIGH PRE-CAST CAP SMOOTH FINISH, CUT TO FORM
28” SQ.
4” HIGH x 16” SQ. PRE-CAST CAP SMOOTH FINISH

CONCRETE FOOTING
1 2
3 4
5 6
7 COMMUNITY WALL: 6x8x16 SPLIT FACE
(OUTSIDE FACING ONLY)
COLOR: "CANYON BLUFF"
FROM: ANGELUS BLOCK OR EQUAL CAP: 4" HIGH
PRECISION CAP BY ANGELUS BLOCK OR EQUAL.

COLOR TO BE: "HARVEST"
Specific Plan — August 2006 7-113
Amended June 2020 1287
Exhibit 7-28: View Fence Detail
1 2
3 4
5 6
2 1/2” SQ. TUBULAR STEEL POST W/DECORATIVE CAP
1 1/2” X 1” 12 GA. TUBULAR STEEL TOP & BOTTOM

RAILS LAY FLAT
1/2” SQ. X 16 GA. TUBULAR STEEL FENCE PICKETS @4”
O.C. MAX.
*FENCE TO BE “GENESIS” BY AMERISTAR OR EQUAL.

PILASTER TO BE CONSTRUCTED FROM 8X8X16
COLORED SPLIT FACE BLOCK.
4” HIGH PRE-CAST CAP SMOOTH FINISH, CUT TO FORM
28” SQ.
4” HIGH X 16” SQ. PRE-CAST CAP SMOOTH FINISH
7-114 Specific Plan — August 2006
Amended June 2020 1288
Exhibit 7-29: Combo Wall Detail
Exhibit 7-30: Privacy Vinyl Wall Detail
8X4X16 CMU PRECISION CAP BY ANGELUS BLOCK
6x8x16 SPLIT FACED BLOCK (OUTSIDE FACE ONLY) BY

ANGELUS BLOCK

PILASTER TO BE CONSTRUCTED FROM SPLIT FACE

BLOCK, RIVER ROCK, LEDGE STONE, FLAG STONE, BRICK

OR OTHER DECORATIVE MATERIAL APPROVED BY THE
CITY. LOCATE AT CORNERS & MAX 150’ O.C.
4” HIGH PRE-CAST CAP SMOOTH FINISH, CUT TO FORM
28” SQ.
4” HIGH x 16” SQ. PRE-CAST CAP SMOOTH FINISH

CONCRETE FOOTING
1 2
3 4
5 6
COMMUNITY WALL: 6x8x16 SPLIT FACE
(OUTSIDE FACING ONLY)
COLOR: "CANYON BLUFF"
FROM: ANGELUS BLOCK OR EQUAL CAP: 4" HIGH
PRECISION CAP BY ANGELUS BLOCK OR EQUAL.

COLOR TO BE: "HARVEST"
2X7 TOP & BOTTOM RAIL

POST CAP
4X4 VINYL POST
1X6 VINYL PANEL
NOTE:

PRIVACY VINYL FENCE IS ONLY

PERMITTED WITHIN THE INTERIOR
WALLS/FENCES FOR PLANNING AREAS 1-4
1 2
3 4
Specific Plan — August 2006 7-115
Amended June 2020 1289
• Integration of well- defined pedestrian connections to the Great Park. Refer to Exhibit 7-22: Trail Connection To Great Park; and
• Connection to recreation areas. Refer to the detailed conceptual illustrations. Refer to Exhibit 7-23: Interior Paseo Concept.

7.7.10 Community Walls and Fencing
Walls are a major component in achieving an overall
community theme within the Parkside Specific Plan. A
strong, cohesive appearance is achieved through the use of “community walls” and general overall wall guidelines.

All walls that adjoin community streetscenes and are
along the boundary edges of the Great Park and facing the Cucamonga Creek Channel shall be deemed “community
walls.” Non-climbing fencing shall be used around the
Cucamonga Creek Channel to prevent children from
climbing the fence to gain access. All wall and fencing designs and layout shall be approved by the City prior
to construction.

Perimeter Walls and Fencing
Where common or private areas interface with perimeter
streets, public open space and/or residential lots, a solid decorative theme wall, a tubular steel view fence with
matching themed pilasters, and/or a combo wall shall
be constructed. Masonry walls or screening walls shall
have climbing plants or anti-graffiti elements to prevent vandalism. Refer to Exhibit 7-24: Fence/Wall Plan and
Exhibit 7-27: Combo Wall Detail.

For front yards facing the Great Park the same themed
block or view fence shall be used between the buildings to secure the project behind. These wall/fences shall
be located behind the building setback and arranged
to create a project-wide unifying appearance.

Interior Solid Walls and Fencing
Where privacy or protection of in-tract common and
private area views dictates, walls shall either be tubular steel construction or decorative masonry block. Reverse frontage walls (both sides) and any wall return that is visible from the street shall be constructed of split-face block or precision block that is plastered or stuccoed
with a color that blends with the Parkside color palette.

Decorative caps and the use of decorative themed
pilasters to help enhance the perimeter appeal of the
walls are encouraged. Walls visible from the community
streets shall not be exposed or painted precision block.

Refer to Exhibit 7-24: Fence/Wall Plan and Exhibit 7-25:

Wall Detail.

View Fencing
These fences allow open views but not physical access;
they shall be a minimum of 5 feet high and made of
tubular steel construction. Areas where view fencing
occurs will be subject to review by the City. Refer to
Exhibit 7-24: Fence/Wall Plan and Exhibit 7-26: View
Fence Detail.

Privacy Fencing
These fences provide privacy between homes within the
neighborhoods. These fences will be 5 feet - 6 inches tall with a post and cap design. These fences will be vinyl
and the posts will be a maximum of 8 feet on center.

This fencing is permitted for all housing types in nonpublicly visible locations. Refer to Exhibit 7-28: Privacy Vinyl Wall Detail
Garden Low Walls (Along Paseos)
These walls provide transition between public and
private spaces. These walls may be 3 feet - 5 inches tall at maximum along paseos. Per the provided development
standards, 3 feet is acceptable too.
7-116 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1290

7.7.11 Outdoor Lighting
Lighting standards within the Specific Plan area shall
be consistent in style, color, and materials in order to maintain uniformity throughout. Lighting should be
subtle, providing a soft wash of light over illuminated objects such as monumentation. A hierarchy shall be
established by using a variety of lighting fixtures and illumination levels based off of lighting design intent.

Lighting styles shall tie into architectural styles and provide sufficient illumination for the safety and wellbeing of the community.

Specimen trees may be uplighted with several fixtures
into the canopy to avoid creating dark sides of the
trees. Providing adequate lighting within the vehicular turn-around areas and lanes (private alleys) is essential.

Lighting shall have anti-vandalism fixtures.

Each residential unit shall have illuminated addresses
at the front door and the garage door, if the garage
faces an alley.

Entry Monuments
Avoid intensely bright or “hot” lighting of monuments;
rather, each should be lit to provide a soft wash of light across the monument signage. Specimen trees should
be uplighted with several fixtures into the canopy to
avoid creating dark sides of the trees.

Recreation Center
Uplighting of specimen trees is very important and
providing adequate lighting within the vehicular turnaround areas. Recreation center monumentation/kiosk should also be illuminated.

Community Park/Linear Park/Paseo Lighting
Lighting of the walkways, tot lot, and parking area within the Parks and Paseo Trail System should be considered
for safety and security. Utilization of a traditional Globe/ Acorn Post mounted light fixture should be considered
for both the park open space areas as well as interior
street lighting fixtures. Keeping with the character of traditional materials, this will help to create a better sense of scale to the pedestrian.

7.7.12 Mailboxes
The developers shall work with the United States
Post Office to determine the best possible location
for mailboxes within the residential subdivisions. The
developer(s) will determine the specifications for the
mailbox units.

Specific Plan — August 2006 7-117
1291

7.8 Landscape Implementation

7.8.1 Improvement Responsibility Landscape
Maintenance
Landscape Maintenance
• All public landscapes, including slopes, street trees, lighting, and irrigation systems, shall be maintained
by the City Landscape Maintenance District;
• Front yard landscapes shall be installed by the
developer, and maintained by the homeowner in
a healthy condition at all times; and
• All manufactured and cut/fill slopes which exceed
3 feet in height shall be planted by the developer
with an effective mixture of groundcover, shrubs,
and trees. Such slopes shall also be irrigated as
necessary to ensure germination and establishment
in conformance with the fuel modification guidelines
described later in this document.

7.8.2 Homebuilder Landscape Requirements
Public Landscapes (HOA and City Maintained Areas)
• Landscape plantings in public areas should reflect a
commitment to both developing a “sense of place”
and maintaining harmony with Ontario Ranch;
• A landscape architect licensed in California shall be retained to prepare planting and irrigation plans
for all public areas. Arrangement of plants should
incorporate the concepts of mass planting; plants
should be placed to allow them to grow to their
natural sizes and forms, and sheared hedges should
be kept to a minimum;
• Minimum sizes of trees shall conform to Table 7-154:

On-Site Tree Size; and
• All pathways, shall be designed to be barrier free
and meet ADA guidelines.

The plant list at the end of this section offers a suggested plant palette for Parkside; while it is by no means allinclusive, plantings in public areas should draw primarily from this palette for visual community continuity.

Table 7-14: On-Site Tree Size
Trees Percentage on-site
15 Gallon 60% 55%
24” Box 25% 30%
36” Box 10%
48” Box 5%
7-118 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1292
Front Yard Landscapes
Plantings in front yards may vary substantially from the Specific Plan palette, but should retain some of the
character and style of the public plantings. No more than 25 percent of the total square footage of any front yard shall be lawn; the balance shall be composed of shrubs
and groundcovers, with an emphasis on drought tolerant
plant species. Each front yard shall be planted with one 24-gallon tree (minimum). Installation of landscaping
within the front yards of single family detached housing products will be provided by the home builder. Front
yard landscaping shall be installed prior to Certificate of Occupancy.

Soil Testing
Soil samples shall be taken from several locations after the completion of rough grading operations, and a reputable soil-testing laboratory shall perform an agronomic soils test. The test shall assess soil fertility needs for waterwise California native and Mediterranean plant types. No planting shall take place until the soil has been properly prepared based on the recommendations of the soils
testing laboratory.

Slope Landscaping (HOA)
All manufactured and cut/fill slopes which exceed 3
feet in height shall be planted with an effective mixture of groundcover, shrubs, and trees. These slopes shall
be installed before the Certificates of Occupancy. Such slopes shall also be irrigated as necessary to ensure
germination and establishment in conformance with
the fuel modification guidelines.

Private Interior Slopes: Residential Interior
• Private interior slopes may be more ornamental in
character than exterior slopes. They may have a
somewhat broader range of plant materials than
exterior slopes, but should still be chosen primarily
from the plant palette and are subject to the same
fuel modification restrictions; and
• All manufactured and cut/fill slopes which exceed
3 feet in height shall be planted by the developer
with an effective mixture of groundcover, shrubs,
and trees. Such slopes shall also be irrigated as
necessary to ensure germination and establishment
in conformance with the fuel modification guidelines
described later in this document. All slopes shall be
landscaped in accordance with the City standards.

Streetscape Landscaping
Streetscape Development Standards
• Turf grass shall not exceed 30 percent of streetscape planting and shall be located adjacent to the sidewalk
or curb line;
• All new plantings within the planned community
shall draw substantially from Table 7‑16—Community
Plant Palette;
• All streetscape landscaping within the Parkside
planned community will be implemented by the
Developer in accordance with this Specific Plan;
Specific Plan — August 2006 7-119
1293
• A balance of evergreen and deciduous trees shall
be considered during the planning process for
the selection of street trees and understory trees
between them (if any). Street trees shall be sized
per City standards;
• The Developer shall install all primary and
secondary improvements concurrently with the
construction of the roadway on which they front.

Neighborhood intersections shall be constructed
as each neighborhood street is built;
• The Developer shall provide site inspection of
all construction and installation of entries and
intersections in accordance with City requirements;
Self-attached vines are to be added against block
walls;
• Along community walls, the use of 5-gallon plant
material for hedgegrows is preferred; and
• Closely spaced plant materials (to horticultural
practices) are expected on this project.

Irrigation Design
Irrigation for both public and private landscapes should be designed to be as water-efficient as possible. All
irrigation systems shall comply with Subsection 6.05.035C Irrigation Requirements of the Ontario Development
Code. All City maintained landscapes (CFD areas) are to be controlled with a central controlled system as approved by the City’s Parks and Maintenance Department, and
trees plantings are to consist of root barriers and a pop up stream bubbler system on a separate valve. Irrigation design shall meet the requirements of the Landscape
Development Standards.

Addresses
Each single family home will be required to have the
address numbers painted on the curb with black
numerals on a white reflective paint background. Each
homeowner will be responsible for the maintenance
of these numbers.

7.9 Design Guideline Implementation

7.9.1 Design Review Submittal Requirements
The master developer shall review all plans prior to
submittal to the City for Plan Check. This design review process will include these steps: conceptual review,
refined review and construction document review
prior to plans being submitted for City processing. The design review process will ensure the vision of Parkside will be implemented.
7-120 Specific Plan — August 2006 1294

BOTANICAL NAME COMMON NAME
Archibald AvenueEucalyptus AvenueOntario Ranch RoadHellman AvenueCarpenter AvenueCucamonga Creek ChannelPrimary Street / Park Loop StreetInterior Neighborhood StreetsLanes (Private Alleys)Community Gateway Monuments & EntriesSecondary Community EntriesInterior Paseo & Pocket ParksCommerical Area Acacia redolens Creeping Acacia ●
Agapanthus africanus Lily-of-the-Nile ● ● ●
Agave attenuata Foxtail Agave ● ● ●
Agave desmettiana 'Variegata' Variegated Dwarf Century Plant ● ● Agave vilmoriniana Octopus Agave ● ●
Agave weberi Weber's Century Plant ● ●
Aloe species Aloe ● ●
Alyogene huegelii Blue Hibiscus ● ●
Arctostaphyllos species Manzanita ●
Baccharis pilularis Coyote Brush ●
Buxus m. japonica Japanese Boxwood ● ● ● ●
Callistemon viminalis 'LittleJohn' Dwarf Bottlebrush ● ● Carex Specs Sedge ● ● ● ● ● ●
Carissa grandiflora 'Green Carpet' Natal Plum ● ●
Ceanothus species California Lilac ●
Chondropetalum tectorum Cape Rush ● ●
Cistus purpureus Rockrose ● ●
Cistus salvifolius 'Prostratus' Sageleaf Rockrose ●
Cotonesaster species Cotoneaster ● ● ●
Dianella revoluta 'DR5000' Little Rev Flax Lily ● ● ● ● ● ● ● Dianella tasmanica 'Silver Streak' Silver Streak Flax Lily ● ● ● ● ● ● ● Dietes bicolor Fortnight Lily ● ● ● ● ● ●
Echium fastuosum Pride of Madiera ●
Eleagnus pungens Silverberry ● ●
Eschscholzia californica California Poppy ●
Euryops pectinatus Grey-Leafed Euryops ●
Fremontodendron californicum Flannel Bush ●
Shrubs
Table 7‑15: Community Plant Palette
Note: The landscape materials (trees, shrubs, vines, and groundcovers) will be provided per the Streetscape Master Plan.

BOTANICAL NAME COMMON NAME
Archibald AvenueEucalyptus AvenueOntario Ranch RoadHellman AvenueCarpenter AvenueCucamonga Creek ChannelPrimary Street / Park Loop StreetInterior Neighborhood StreetsLanes (Private Alleys)Community Gateway Monuments & EntriesSecondary Community EntriesInterior Paseo & Pocket ParksCommerical Area Acacia redolens Creeping Acacia ●
Agapanthus africanus Lily-of-the-Nile ● ● ●
Agave attenuata Foxtail Agave ● ● ●
Agave desmettiana 'Variegata' Variegated Dwarf Century Plant ● ● Agave vilmoriniana Octopus Agave ● ●
Agave weberi Weber's Century Plant ● ●
Aloe species Aloe ● ●
Alyogene huegelii Blue Hibiscus ● ●
Arctostaphyllos species Manzanita ●
Baccharis pilularis Coyote Brush ●
Buxus m. japonica Japanese Boxwood ● ● ● ●
Callistemon viminalis 'LittleJohn' Dwarf Bottlebrush ● ● Carex Specs Sedge ● ● ● ● ● ●
Carissa grandiflora 'Green Carpet' Natal Plum ● ●
Ceanothus species California Lilac ●
Chondropetalum tectorum Cape Rush ● ●
Cistus purpureus Rockrose ● ●
Cistus salvifolius 'Prostratus' Sageleaf Rockrose ●
Cotonesaster species Cotoneaster ● ● ●
Dianella revoluta 'DR5000' Little Rev Flax Lily ● ● ● ● ● ● ● Dianella tasmanica 'Silver Streak' Silver Streak Flax Lily ● ● ● ● ● ● ● Dietes bicolor Fortnight Lily ● ● ● ● ● ●
Echium fastuosum Pride of Madiera ●
Eleagnus pungens Silverberry ● ●
Eschscholzia californica California Poppy ●
Euryops pectinatus Grey-Leafed Euryops ●
Fremontodendron californicum Flannel Bush ●
Shrubs
Cotoneaster lacteus Late cotoneaster •
•
Specific Plan — August 2006 7-121
Amended June 2020
November 2023 DRAFT
1295
Table 7‑15: Community Plant Palette
Note: The landscape materials (trees, shrubs, vines, and groundcovers) will be provided per the Streetscape Master Plan.

BOTANICAL NAME COMMON NAME
Archibald AvenueEucalyptus AvenueOntario Ranch RoadHellman AvenueCarpenter AvenueCucamonga Creek ChannelPrimary Street / Park Loop StreetInterior Neighborhood StreetsLanes (Private Alleys)Community Gateway Monuments & EntriesSecondary Community EntriesInterior Paseo & Pocket ParksCommerical Area Shrubs
Gardenia jasminoides Gardenia ● ●
Grevillea species N.C.N ● ●
Hemerocallis species Day Lily ● ● ● ●
Heteromeles arbutifolia Toyon ●
Hibiscus rosa-sinensis Golden Dust Hibiscus
Ilex species Holly ●
Juniperus chinensis & CVS Juniper ●
Kniphofia uvaria Red-Hot Poker ● ●
Lantana montevidensis Lantana ● ● ●
Lavandula species Lavendar ● ● ● ●
Leptospermum scoparium 'Snow White' New Zealand Tea Tree ● Leymus condensatus 'Canyon Prince' Canyon Prince Wild Rye ● ● ● ● ● ● ● Ligustrum japonicum 'Texanum' Glossy Privet ● ● ● ● ●
Limonium perezii Statice ●
Liriope species Lily Turf ●
Muhlenbergia rigens Deer Grass ● ●
Myroporum parvifolium N.C.N. ● ● ● ●
Myrtus communis 'Compacta' Dwarf Myrtle ● ●
Pittosporum tobira & CVS Mock Orange ● ● ● ● ● ●
Pittosporum tobira variegated Tobira Variegated ● ●
Plumbago auriculata Cape Plumbago ●
Prunus caroliniana 'Bright & Tight' Carolina Cherry ●
Pyracantha species Fire Thorn ● ● ● ●
Rhaphiolepis indica India Hawthorne ● ● ● ● ● ● ●
Rhus integrifolia Lemonade Berry ● ●
Rosa species Rose ● ● ● ●
Rosmarinus offcianalis Rosemary ● ● ● ● ● ●
•
•
7-122 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1296
Table 7‑15: Community Plant Palette
Note: The landscape materials (trees, shrubs, vines, and groundcovers) will be provided per the Streetscape Master Plan.

BOTANICAL NAME COMMON NAME
Archibald AvenueEucalyptus AvenueOntario Ranch RoadHellman AvenueCarpenter AvenueCucamonga Creek Channel Primary Street / Park Loop Street
Interior Neighborhood Streets
Lanes (Private Alleys)
Community Gateway Monuments
& Entries
Secondary Community Entries
Interior Paseo
& Pocket Parks
Commercial Area
Albizia julibrissin 'Rosa' Silk Tree ●
Alnus rhombifolia White Alder ●
Bauhinia purpurea Orchid Tree ●●●●
Cedrus deodara Deodar Cedar ●
Celtis sinensis Chinese Hackberry ●
Cercidium hybrid 'Desert Museum' Desert Museum Palo Verde ●● Cercis occidentalis Western Redbud ●
Chitalpa tashkentensis Chitalpa Tree ●●●
Cinnamomum camphora Camphor Tree ●●
Citrus sinensis Orange Tree ● ●
Cupaniopsis anacardioides Carrotwood ●●
Cupressus sempervirens Italian Cypres ●●●
Eucalyptus sideroxylon 'Rosea' Pink Iron Bark ●
Fraxinus angustifolis Raywood Ash ●
Geijera parvifolia Australian Willow ●
Gleditsia t. inermis 'Shademaster' Honey Locust ●●
Heteromeles arbutifolia Toyon ●● ●
Jacaranda mimosifolia Jacaranda ●●
Koelreuteria bipinnata Chinese Flame Tree ●●
Lagerstroemia farnesia Crape Myrtle ● ● ●●
Lagerstroemia indica 'Nanchez' White Crape Myrtle ●
Lagerstroemia x 'Muskogee' Muskogee Crape Myrtle ●
Magnolia grandiflora 'Little Gem' Southern Magnolia ●●
Magnolia grandiflora 'Magestic Beauty' Magesitc Beautify Magnolia ● Magnolia grandiflora 'Russet' Southern Magnolia ● ●●
Melaleuca quinquenervia Cajeput Tree ●
Michelia champaca Michelia ●
Trees
7-124 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1298
Table 7‑15: Community Plant Palette
Note: The landscape materials (trees, shrubs, vines, and groundcovers) will be provided per the Streetscape Master Plan.

BOTANICAL NAME COMMON NAME
Archibald AvenueEucalyptus AvenueOntario Ranch RoadHellman AvenueCarpenter AvenueCucamonga Creek Channel Primary Street / Park Loop Street
Interior Neighborhood Streets
Lanes (Private Alleys)
Community Gateway Monuments
& Entries
Secondary Community Entries
Interior Paseo
& Pocket Parks
Commercial Area
Trees
Olea europaea Olive ●● ●
Phoenix dactylifera Date Palm ●● ●
Pinus canariensis Canary Island Pine ● ●●
Pinus eldarica Afghan Pine ● ●● ●●●●
Pinus pinea Italian Stone Pine ●●
Pistacia Chinensis Chinese Pistache ●
Pittosporum undulatum Vicorian Box ●●
Platanus acerfolia 'Bloodgood' London Plane Tree ●●
Podocarpus gracilior Fern Podocarpus ●●●●
Prosopis glandulosa 'Thornless' Thornless Honey Mesquite ●● Pyrus calleryana 'Chanticleer' Chanticleer Pear ●● ●
Pyrus kawakamii Evergreen Pear ●●
Quercus agrifolia Coast Live Oak ●●
Quercus douglasii Blue Oak ●
Quercus ilex Holly Oak ●●
Rhaphiolepis 'Majestic Beauty' N.C.N. ●
Schinus molle California Pepper Tree ●●
Syagrus romanzoffianum Queen Palm ●
Tabebuia impetigniosa Pink Trumpet Tree ● ●
Tipuana tipu Tipu Tree ●
Tristania conferta Brisbane Box ● ●●
Ulmus parvifolia 'Ture Green' Evergreen Elm ●● ●
Specific Plan — August 2006 7-125
Amended June 2020
November 2023 DRAFT
1299
Table 7‑15: Community Plant Palette
Note: The landscape materials (trees, shrubs, vines, and groundcovers) will be provided per the Streetscape Master Plan.

BOTANICAL NAME COMMON NAME
Archibald AvenueEucalyptus AvenueEdison Avenue
Hellman Avenue
Carpenter Avenue
Cucamonga Creek ChannelPrimary Street / Park Loop Street Interior Neighborhood Streets
Lanes (Private Alleys)
Community Gateway Monuments
& Entries
Primary
& Secondary Community Entries
Neighborhood Entries
Interior Paseo
& Pocket Parks
Commerical Area
Clematis ligusticifolia Clematis ●●
Clytostoma callistegiodes Violet Trumpet Vine ●
Distictis buccinatoria Blood Red Trumpet Vine ●
Ficus repens Creeping Fig ●●●
Gelsemium sempervirens Carolina Jessamine ●●
Jasminum polynthum Pink Jasmine ●
Macfadyana unguis‐cati Cat's Claw ●
Pandorea jasminoides Bower Vine
Parthenocissus tricuspidata Boston Ivy ●●●●● ●●●
Passiflora species Passion Flower ●● ●
Rosa banksiae Lady Banks Rose ●● ●
Solanum jasminoides Potato Vine ●
Wisteria sinensis Chinese Wisteria ●●
Vines
7-126 Specific Plan — August 2006
Amended June 2020
November 2023 DRAFT
1300
Chapter 8: Commercial Design Guidelines
New Orleans, Louisiana: City Park
1301
1302
Specific Plan — August 2006 8-1
Amended June 2020
November 2023 DRAFT

8.0 Commercial Design Guidelines

8.1 Introduction
The Parkside Specific Plan area will include a commercial area in the northeastern portion of the project site,
adjacent to Ontario Ranch Rd. and Archibald Ave. These
non-residential uses will provide the residents of Parkside with shopping conveniently located nearby. Residents
have the ability to access services by foot or ride their bicycles to shop at the commercial center.

The commercial site is included in Planning Area 21 19, amounting to 11.3 net 2.68 gross acres.

Throughout the commercial development, landscaping,
site planning, and architectural design should be
considered to create friendly and welcoming places
to shop. These non-residential uses will continue the
vision established in the residential community, including integrating pedestrian-friendly design.

In order to maintain the character of Parkside’s residential community, the commercial area is expected to be
developed with a compatible and harmonious quality. The Parkside Commercial Design Guidelines will help guide
the development of the area to enhance the pedestrian
experience and innovative design that contributes to
the character of the entire Parkside Specific Plan area.

These guidelines are not intended to be strictly enforced rules, but rather as a tool to aid the design process.

Additionally, these guidelines have been generalized
for the Parkside Specific Plan. Potential developers will be required to submit their own supplemental design
guidelines for the Commercial development area to the
City for approval.

The Commercial Design Guidelines Section is organized
into the following components:
• Site Planning;
• Building Design;
• Architectural Details; and
• Open Space and Landscaping

8.1.1 Guiding Principles
Guiding Principles for commercial design for Parkside
include:

Buildings should contribute to the qualitative nature of the overall neighborhood.
• Proper scale and proportions in massing and details
should be used;
• Pedestrian open spaces should be implemented;
• Massing and articulation should be varied;
• Buildings should be designed at a human-scale; and
• Parking lots should be de-emphasized as much
as possible.

Buildings should have an enduring quality.
• Design should draw inspiration from the rich and
diverse Southern California architectural heritage;
• Materials and colors typical to Southern California
should be used;
• Details and ornamentation should be authentic, as
much as possible; and
• Design should create an inviting place to shop.
1303
8-2 Specific Plan — August 2006

8.1.2 Review Process
These Commercial Design Guidelines are to be used
as a general tool to guide the development of the
northeastern portion of Parkside. Final designs will be subject to City approval. Additionally, more detailed
Design Guidelines for each developer may be required
by the City prior to final approval. Refer to the Ontario Development Code for further information regarding
the review process.

8.2 Commercial Design Guidelines

8.2.1 Introduction
Commercial development within Parkside will continue
the pedestrian-friendly character established in the
residential community. By reducing the impact of the
automobile on the appearance of the commercial
development, appropriate site planning can de-emphasize the vehicle, creating a pleasant outdoor environment
without ignoring the necessary needs of vehicular traffic.

Through well executed planning, architecture, and
landscape design, the commercial uses within Parkside
will complement and, to some extent, integrate the
residential community.

8.2.2 Site Planning
Orientation
Buildings should be oriented for best visibility from the surrounding streets. Windows and entries should face
the streets, avoiding blank walls which could dominate
public views. Stores with entries not visible from the
street may be oriented towards pedestrian open space.

All primary entries should face onto a street or a
connecting internal walkway.

Driveways and Sidewalks
The site shall be provided with a limited number of
driveways to reduce the traffic impact along Ontario
Ranch Rd. and Archibald Ave. Pedestrian crossing
distances should be minimized at driveways. To increase safety for pedestrians, a raised median as a pedestrian island should be considered between travel lanes,
especially those entries with more than one lane in
any direction. Driveways should be paved with asphalt,
concrete, or an enhanced paving material such as brick
or concrete block.

Sidewalks should be located along natural travel paths
for pedestrians. Sidewalks should be a minimum of 6 feet wide along pedestrian pathways and a minimum of 8 feet
in width along more heavily traveled commercial areas.

Street Frontage and Buildings
Street side buildings, or those with no parking separating them from the street, should use faux windows and
entry features to soften the building’s appearance from the street. These buildings should not be more than
100 feet long without a pedestrian plaza or walkway
breaking the building mass and connecting the parking
lot with the street. On corners, buildings should utilize massing elements to anchor the corner.

Street Side Setbacks and Buildings
The sides of buildings along street edges should be
landscaped within the setback to soften the building’s
appearance to the street, as well as provide additional windows or design elements. Refer to the Ontario
Development Code for specific setback requirements.
1304
Specific Plan — August 2006 8-3
Street Frontage and Parking Lots
Parking lots should generally be placed away from streets.

No street frontages should consist of a continuous
parking lot, but should be broken up with buildings,
landscaping, plazas, and other pedestrian features. Any parking along street edges should be set back with a
landscaped buffer to minimize the dominant feeling of
the automobile along the street. Continuous parking
stalls may be interrupted by landscaped islands, no
more than 10 stalls apart.

Service and Storage Areas
Loading docks, garages, and storage areas are to be
located behind or to the side of buildings, siding onto secondary access and not primary streets. These features must be screened with walls and landscaping as much
as possible from public view of streets, residences, and sidewalks. Loading docks and storage areas should not
conflict with pedestrian walkways.

Refuse Containers, Utility and Mechanical
Equipment
Refuse containers and equipment should be easily
accessed by service vehicles but screened from view
of the streets, parking lots, and connecting walkways
through roof forms, walls, and/or landscaping. Screening details should incorporate elements that are compatible with the architectural style of the building. Proper
landscaping, including trellises, also may help to screen these elements. Equipment and enclosures shall not be
located near pedestrian walkways.

8.2.3 Building Design
Massing
With larger buildings, appropriate massing becomes
more important to maintain the human-scale of the
development and create a visually pleasing environment.

Bay windows, stepped buildings, height changes, and
setback variations between stores helps to break up large buildings as well as indicate entries and store locations to customers. Tower elements or monumental features
are encouraged at focal points, such as corners, plazas, major entrances, or where walkways meet streets. All
elevations of a tower element or monumental feature
shall be completely constructed. In no instance shall a feature of this nature be left unfinished and exposed
to public view.

Roof Forms
Hipped and gable roofs are encouraged. Roof pitches
should be compatible with the architectural style of
the building. Flat roofs should vary in height and be
accompanied by cornice, trim, or other accent features.

Entry Design
Building entries should be prominent and easily identified.

Various elements can be used to enhance the entry
features including massing variation, materials and color change, change in roof form, and awnings. For smaller
retail buildings, as part of a cluster or strip, arcades, awnings, and simple signage may be acceptable as entries.

Arcades, Trellises, and Awnings
Outdoor arcades along store fronts are encouraged
over pedestrian walkways. Arcades may be used to
connect separate buildings, or to provide a more pleasing 1305
8-4 Specific Plan — August 2006
experience for pedestrians. Trellises or awnings may
also be used to create a covered walkway to protect
pedestrians from the sun and rain.

8.2.4 Architectural Details
Architectural Styles
A consistent architectural style should be used throughout the commercial development in Planning Area 21 to
create a sense of continuity between the buildings.

Related elements, such as trellises, planters, lightstandards, windows, doors, etc. should also adopt detailing that is compatible with the selected architectural style. The selected style of the commercial development does not necessarily need to be of any one of those
available for the residential community but should be
compatible with them.

Architectural styles should derive or be adapted from
Southern California and Ontario’s history. Acceptable
styles generally respond to the region’s climate including such features as shade windows, outdoor circulation,
and outdoor courtyards or plazas, recessed window
frames, awnings, arcades, loggias, and trellises.

Building Wall Treatment
No wall should have a blank, uninterrupted length
exceeding 20 feet without including one of the following:
• Change in texture;
• Change in material;
• Change in plane;
• Lattice; and
• A tree or equivalent element.

Facades that are visible from adjacent streets or walkways should display even greater visual interest by using
architectural elements that break up the massing of large buildings, such as windows, arcades, awnings, porticos, and other architectural features.

Base and Top Treatments
Base and top treatments help to balance the “weight”
of the building visually. Bases should appear to “ground” the building, while tops create a defined edge to the
roofline. Possible treatment techniques are as follows:
• Base;
• Thicker walls;
• Natural materials;
• Different colored materials; and
• Enriched landscaping with a mature height of at
least 18 inches.

Special materials, such as ceramic tile, granite, stone, and marble, are encouraged on the base of buildings
that face streets or connecting walkways, especially
adjacent to major entries.
• Tops;
• Cornice treatments;
• Roof overhangs with brackets;
• Stepped parapets;
• Textured materials; and
• Different colored materials.

Exterior Materials
Recommended materials include stucco, exterior plaster, brick, siding, tile, or stone. Exterior materials that appear pre-fabricated are not recommended. Selected materials
and detailing should have an enduring appearance.
1306
Specific Plan — August 2006 8-5
Roof Materials
Roofing materials that are generally acceptable include metal standing seam, asphalt shingles, tile, ceramic tile, and slate or slate-like materials.

Colors
Color selection should be consistent with the selected
architecture style.

8.2.5 Open Space and Landscaping
Site Accessories
Site accessories, such as recycling bins, bike racks, litter cans, planters, benches, and transit shelters, should use materials and have an architectural character consistent with the overall development. These accessories should
be graffiti-resistant with materials that are easy to clean and paint.

Connecting Walkways
Walkways throughout the commercial development
should connect the various buildings to each other and
to the sidewalks along Ontario Ranch Rd. and Archibald
Ave. Use of trellises, landscaping, sitting areas, and the site planning of buildings adjacent to one another will encourage pedestrian activity within the commercial
area. A typical walkway should be a minimum of 6-feet
wide. In large parking lots, pedestrian walkways should be provided within the median of at least one or two
parking aisles depending on the size of the commercial
center and/or design of the center.

Pedestrian walkways that may also be used for emergency access must allow a minimum clearance of 30-feet wide
and 14 feet in vertical clearance.

Off-site Connections
Off-site connections should be provided from the
commercial area to Parkside’s residential development.

Access to the residential community will be available
by special pedestrian walkways.

Plazas
Plazas are encouraged as much as possible to emphasize
a pedestrian-friendly environment by creating locations within the commercial development that allow for
people to gather. Plazas create a more inviting feeling to pedestrians, allowing them to feel safe from the
vehicular dominated parking lot. These outdoor places
may include water features, landscaping, and other
elements to create a comfortable place to sit. Plazas
are encouraged where high levels of pedestrian activity are expected, such as adjacent to major entrances and
nearby uses that allow for more interactivity with the
plaza such as delis, cafes, restaurants, bakeries, and
other food services.

Landscaping
Landscaping helps to soften the feel of the buildings and parking lots while enhancing the visual quality of the
site. The following landscaping techniques may be used:
• Provide special landscaping treatment at all project
site entries and building entries;
• Provide shade/canopy trees within parking areas;
• Use plants to define outdoor spaces such as edges,
outdoor plazas, or movement paths between parking
and building entrances; and
• Choose plantings that will provide a continuity of
form across the entire project site.
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Shrubs and tree canopies shall not be higher than 3
feet or lower than 7 feet respectively to allow police
officers the ability to patrol the project site without visual obstructions. Plants near low-lying windows shall have
thorns as a deterrent for suspects hiding and removing
glass panes as a point of entry.

Where a parking lot contains 10 or more parking spaces
and is visible from a street, not less than 5 percent of the total area, excluding any perimeter landscaping, shall
be landscaped. Such landscaping shall be concentrated
in any one location. A minimum of 50 percent of the
plant material shall be canopy or shade trees.

All rows of parking spaces shall be provided with
landscape islands at each row terminus, minimum
5-feet wide exclusive of curbs, to protect parked vehicles, ensure visibility, confine moving traffic to drive aisles and driveways, and provide within each row of parking
spaces, landscaped islands, minimum 5-feet wide,
exclusive of curbs, located so as to prevent more than
10 vehicles from being parked side-by-side in an abutting configuration.

Landscaped areas shall be delineated with a concrete
curb, minimum 6-inch high by 6-inch wide; except where
a landscape area is parallel and adjacent to a parking
stall, the curb shall be a minimum 6-inches high by
12-inches wide to provide an area for persons to step
when entering or exiting a motor vehicle.

Outdoor Storage Areas
Outdoor storage areas should be incorporated into the
design of the project to avoid visual impacts on the site.

Outdoor storage areas should be located away from
the street, behind, or to the side of buildings. Walls and landscaping should be used to screen stored materials.

Transit Shelters
Transit shelters should be incorporated into the design of the commercial project and will be designed according to guidelines provided by the transit agency of Ontario. The commercial developer should explore, with the transit
agency and the City, possibilities for a building that is integrated architecturally with the project through its color, materials, and architectural style.

Pedestrian walkways should be provided for easy
accessibility by pedestrians moving to and from the
transit stop to the commercial development.

Fence and Wall Design
Chain-link fencing, barbed wire, corrugated metal fencing, and “tennis windscreens” are not permitted. Fences and
walls should be built with attractive, durable materials, including (but not limited to), wrought iron, textured
concrete block, brick, or formed concrete with reveals.

Fences or walls should be consistent with architectural style, materials, and designs used throughout the project site. Walls and fences should not exceed a height of
6 feet without being made of texture concrete block,
interlocking “diamond” blocks, formed concrete with
reveals, or similar materials to a maximum of 8 feet
from grade.

Along streets, walls and fences should not exceed 42-inch in height. Avoid long expanses of uninterrupted fences
and walls. Use of an opening, planter box, material
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Specific Plan — August 2006 8-7
change, pilaster, or post is acceptable. Openings shall be provided to connect walkways directly to the street
and to allow pedestrians to avoid long, inconvenient
walking paths. These pedestrian portals should be
announced by pilasters, trellis, special landscaping, or other special features.

Lighting
Lighting standards under 32 feet high should provide
adequate illumination throughout the project site during the nighttime hours. Lighting fixtures should be designed to be compatible with the architectural styles selected for the project site. At a minimum, all light standards should have an attractive base and top; overhead “cobra head”
standards are not permitted. Buildings and landscaping
can be illuminated indirectly to create a strong positive image. Along pedestrian walks, lighting should provide
appropriate illumination at a human scale without glare.

Lighting within larger parking lots should provide safe visibility. Service area lighting should be positioned to not be seen from public view.

8.2.6 Sign Program
Refer to Section 6.18, Signage.
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Exhibit 8-1: Retail Site Plan
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Chapter 9: General Plan Consistency
Portland, Maine: Deering Oaks Memorial
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9.0 General Plan Consistency
California Government Code (Title 7, Division 1, Chapter 3, Article 8, Section 65450-65457) permits the adoption and administration of specific plans as an implementation tool for elements contained in the local General Plan. Specific plans must demonstrate consistency In regulations, guidelines, and programs with the goals and policies set forth in the General Plan.

The Subarea 29 Parkside Specific Plan (SP) has been prepared in conformance with the goals and policies of The Ontario Plan (TOP) Policy Plan (General Plan). The policy analysis in this Chapter describes the manner in which the SP complies with TOP Goals and Polices applicable to the project.

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Policy Plan Goals and Policies Specific Plan Consistency Land Use Element
GOAL LU-1: 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.

LU-1.1: Strategic Growth. We concentrate growth in strategic locations that help create place and identify, maximizes available and planned infrastructure, and foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.

The Specific Plan area is within the Ontario Ranch as identified in The Ontario Plan. The Specific Plan will adhere to current approved City Infrastructure Master Plans.

LU-1.2: Sustainable Community Strategy. We integrate state, regional and local Sustainable Community/ Smart Growth
principles into the development and entitlement process.

Sustainable Community/Smart Growth principles are incorporated into Land Use Plan. Pedestrian sidewalks and multipurpose trails provide connectivity.

LU-1.3: Adequate Capacity. We require adequate infrastructure and services for all development.

The Specific Plan establishes an infrastructure and public facilities plan to ensure that adequate roadways and public utilities including sewer, water and drainage facilities along with parks and other public facilities are provided to serve the Specific Plan area.

LU-1.4: Mobility. We require development and urban design, where appropriate, that reduces reliance on the automobile and capitalizes on multi-modal transportation opportunities. (Link to Mobility Element Policy M3-3) active transportation, transit, electric vehicles, and multimodal transportation opportunities (Link to Mobility Element Policies M-2.1, M-3.3; Community Design Element Policy CD-2.6, CD-3.1, CD-3.3, CD3.6).

Multipurpose trails are provided within the Specific Plan area as shown on the City’s Multipurpose Trails and Bikeway Corridor Plan.

LU-1.6: Complete Community. We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario. (Link to Complete Community Section of Community Economics Element) (Link to Community Economics Element Complete
Community Section; Community Design Element Urban, Mixed Use, and Transit-oriented Place Types Section)
The Specific Plan plans for a complete community with a mix of residential, commercial, and parks where residents can live, work, shop and recreate.

GOAL LU-2: Compatibility between a wide range of uses and resultant urban patterns and forms.

LU-2.6: Infrastructure Compatibility. We require infrastructure to be aesthetically pleasing and in context with the community character.

The Specific Plan provides for an aesthetically pleasing streetscape concept.

LU-2.9: Methane Gas Sites. We require sensitive land uses and new uses on former dairy farms or other methane-producing sites be designed to minimize health risks.

The project will comply with appropriate mitigation measures identified in the project EIR for soil remediation and proper venting to address the potential existence of methane gases within the project. Per development requirements, soil that is potentially methane producing will be removed from the site to minimize risks. 9-2 Specific Plan — November 2006
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Policy Plan Goals and Policies Specific Plan Consistency GOAL LU-3: Staff, regulations and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision.

LU-3.1: Development Standards. We maintain clear development standards which allow flexibility to achieve our Vision and provide objective standards that ensure predictability and deliver the intended physical outcomes. (Link to Community Design Element Design Quality and Urban, Mixed Use, and Transit-oriented Place Types Sections)
Utilizing the Specific Plan tool enables flexible development standards to be implemented, encouraging a range of housing and community design ideas. The standards set forth are implementable which helps maintain the vision and provide clear direction while encouraging creativity. .

GOAL LU-4: Development that provides short-term value only when the opportunity to achieve our Vision can be preserved.

LU-4.3: Infrastructure Timing. We require that the necessary infrastructure and services be in place prior to or concurrently with development.

GOAL LU-5: Integrated airport systems facilities that minimize negative impacts to the community and maximize economic benefits.

LU-5.7: ALUCP Consistency and Land Use Regulations. We comply with state law that requires general plans, specific plans and all new development to be consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan for any public use airport.

The Specific Plan is located within the Airport Influence Areas of Chino Airport and Ontario International Airport. The Specific Plan is considered to be an “existing land Use” as defined by the Riverside county ALUCP for the Chino Airport and the ONT ALUCP.

Housing Element
GOAL H-2: 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.

H-2.4: New Model Colony Ontario Ranch. We support a premier lifestyle community in the New Model Colony Ontario Ranch, distinguished by diverse housing, highest design quality, and cohesive and highly amenitized neighborhoods.

The Specific Plan features detached and attached single-family and multi-family housing types in a variety of plotting configurations distinguished by the highest design quality and cohesive and highly amenitized neighborhoods.

H-2.5: Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices and other best practices.

The Specific Plan has is own design guidelines to achieve architectural excellence.

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Policy Plan Goals and Policies Specific Plan Consistency GOAL H-4: Increased opportunities for low and moderate income households and families to afford and maintain quality ownership and rental housing opportunities, including move-up opportunities. Inclusive communities, racial equity, fair housing choice, and access to opportunity.

H-4.2: Homeownership Opportunities. We increase and expand homeownership rates for lower and moderate income households by offering financial assistance, low-interest loans and educational resources, and by working in collaboration with partnerships.

The Housing Element has identified 1,510 dwelling units (at 10-24 du. ac) within the Specific Plan area to meet the Regional Housing Need Assessment (RHNA) for Moderate Income residents.

Recently adopted Senate Bill 166, prohibits cities from allowing their inventory of available sites to be insufficient to meet their remaining unmet RHNA share for lower and moderate-income housing. California Government Code Section 65863 requires cities to make certain findings that the remaining housing element sites can accommodate the RHNA requirements by income level. The City has identified a surplus of 3,248 Moderate Income units with land availability to meet the requirements. Therefore, even if all the units are not constructed, the Specific Plan is still consistent with the Housing Element.

H-4.4: Mixed-income Housing. We encourage the integration of affordable housing in the New Model Colony Ontario Ranch, Ontario Airport Metro Center Area, and existing neighborhoods.

The Specific Plan provides for a wide range of home ownership opportunities for many different lifestyles.

GOAL H-5: 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.

H-5.1: Senior Housing. We support the development of accessible and affordable senior housing and provide financial assistance for seniors to maintain and improve their homes.

All development will meet the required accessibility requirements of either the California Residential Code or the California Building Code.

H-5.2: Family Housing. We support the development of larger rental apartments that are appropriate for families with children, including, as feasible, the provision of services, recreation and other amenities.

See comments under H4-2 above.

H-5.3: Disabled People. We increase the supply of permanent, affordable and accessible housing for people with disabilities, and provide assistance to allow them to maintain and improve their homes.

All development will meet the required accessibility requirements of either the California Residential Code or the California Building Code.

Parks and Recreation Element
Goal PR-1: A system of safe and accessible parks that meets the needs of the community.

PR-1.1: Access to Parks. We strive to provide a park and/or recreational facility within walking distances (1/4 mile) of every residence. In all new residential development areas, we strive to provide a park and/or recreational facility within walking distance (¼ mile) of every residence and prioritize the establishment of parks in environmental justice areas that do not have adequate access to parks.

The Specific Plan provides for parks, a multipurpose trails, and sidewalks that allow all homes to be within walking distance of a recreational facility.

PR-1.5: Acreage Standard. We strive to provide 5 acres of parkland (public and private) per 1,000 residents.

The Specific Plan provides for park land, park improvements and/ or park fees or a combination thereof in order to meet and comply with City park standards.
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Policy Plan Goals and Policies Specific Plan Consistency PR-1.6: Private Parks. We expect development to provide a minimum of 2 acres of developed private park space per 1,000 residents.

The Specific Plan will provide a minimum of 2 acres of developed private and/or public park space per 1,000 residents.

PR-1.9: Phased Development. We require parks be built in new communities before a significant proportion of residents move in.

Development within the Specific Plan is required to be reviewed and approved pursuant to the City’s development review process which requires the approval of tentative and final subdivision maps for the project. Conditions of approval associated with the City’s approval of tentative subdivision maps will provide for the timing of construction of parks as part of the development.

PR-1.11: Environmental Function of Parks. We require new parks to meet environmental management objectives.

The Specific Plan requires all new development to be reviewed and approved pursuant to the provisions of the City’s development review process which provides for review by the City’s Parks and Maintenance Department which may require the development to incorporate environmental management objectives into the design of parks.

PR-1.12: Trails. We promote connections between parks and local trails including those managed by other public agencies.

Multipurpose trails are provided within the Specific Plan area as shown on the City’s Multipurpose Trails and Bikeway Corridor Plan.

PR-1.14: Multi-family Residential Developments. We require that new multi-family residential developments of five or more units provide recreational facilities or open space, in addition to paying adopted impact fees.

The Specific Plan requires that all condominium and multi-family developments within the project provide private recreational areas and/or pocket parks for residents of the development in addition to the payment by the developer of adopted impact fees.

Environmental Resources Element
GOAL ER-1: A reliable and cost effective system that permits the City to manage its diverse water resources and needs.

ER-1.3: Conservation. We require conservation strategies that reduce water usage. Conservation and Sustainable Water Supply.

We work with regional water providers and users to conserve water and ensure sustainable local water supplies as more frequent droughts reduce long term local and regional water availability.

All Specific Plan development will meet CALGreen low flow fixture requirements. All irrigation systems meet the City’s water conservation requirements.

ER-1.5: Groundwater Management. We protect groundwater
quality by incorporating strategies that prevent pollution, require remediation where necessary, capture and treat urban runoff, and recharge the aquifer. Water Resource Management.

Environmental justice areas are prioritized as we coordinate with local agencies to protect water quality, prevent pollution, address existing contamination, and remediate contaminated surface water and groundwater.

The Specific Plan development will comply with all applicable regulations in regards to protecting groundwater quality.

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Policy Plan Goals and Policies Specific Plan Consistency ER-1.6: Urban Run-off Quantity. We encourage the use of low impact development strategies, including green infrastructure, to intercept run-off, slow the discharge rate, increase infiltration and ultimately reduce discharge volumes to traditional storm drain systems.

Specific Plan development shall be designed to detain, filter and treat surface runoff, in a manner and combination which is practical, to comply with the most recent requirements of the San Bernardino County NPDES Stormwater Program’s Water Quality Management (WQMP) for significant new development projects.

ER-1.7: Urban Run-off Quality. We require the control and management of urban run-off, consistent with Regional Water Quality Control Board regulations.

The project is obligated to control urban run-off, consistent with Regional Water Quality Control Board regulations as part of the regional NPDES Permit.

ER-1.8: Wastewater Management. We require the management of wastewater discharge and collection consistent with waste discharge requirements adopted by the Regional Water Quality Control Board.

The project is obligated to comply with wastewater discharge and collection requirements adopted by the Regional Water Quality Control Board.

GOAL ER-3: Cost-effective and reliable energy system sustained through a combination of low impact building, site and neighborhood energy conservation and diverse sources of energy generation that collectively helps to minimize the region’s carbon footprint.

ER-3.1: Conservation Strategy. We require conservation as the first strategy to be employed to meet applicable energy-saving standards.

All development within the Specific Plan will meet California’s stringent CALGreen and Energy Codes.

ER-3.2: Green Development- Communities. We require the use of best practices identified in green community rating systems We encourage the use of the LEED Neighborhood Development rating system, or similar mechanism, to guide the planning and development of all new communities.

The Specific Plan contains a broad mix of land uses, density, multipurpose trails and proximity to planned transit as identified in the best practices of several rating systems.

R-3.3: Building and Site Design. We require new construction to incorporate energy efficient building and site design strategies, which could include appropriate solar orientation, maximum use of natural daylight, passive solar and natural ventilation.

All development within the Specific Plan will meet California’s stringent CALGreen and Energy Codes.

ER-3.6: Generation- Renewable Sources. We promote the use of renewable energy sources (e.g., solar, wind, biomass) in public and private sector development.

All development within the SP will meet California’s stringent Energy Codes.

GOAL ER-4: Improved indoor and outdoor air quality and reduced locally generated pollutant emissions.

ER-4.4: Indoor Air Quality. We will comply with State Green Building Codes relative to indoor air quality. We seek funding to improve indoor air quality for households with poor indoor air quality, with priority for lower income households in environmental justice areas.

Specific Plan development will be required to comply with all State laws in regards to indoor air quality.

ER-4.6: Particulate Matter. We support efforts to reduce particulate matter to meet State and Federal Clean Air Standards.

SP development will be required to comply with all State laws in regards to particulate matter as it relates to the SP projects.

GOAL ER-5: Protected high value habitat and farming and mineral resource extraction activities that are compatible with adjacent development.

ER-5.2: Entitlement and Permitting Process. We comply with state and federal regulations regarding protected species.

The project will comply with all mitigation measures identified in the project EIR with regard to biological resources.
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Policy Plan Goals and Policies Specific Plan Consistency Community Economics Element
GOAL CE-1: A complete community that provides for all incomes and stages of life.

CE-1.6: 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 encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses.

The SP promotes a variety of housing product types, both attached and detached. Having diversity enables a wider range of residents to live in Ontario Ranch. Bringing more residents will help support and attract local business.

CE-1.7: Retail Goods and Services. We seek to ensure a mix of retail businesses that provide the full continuum of goods and services for the community.

The Specific Plan contains an approximately 2.95 acre
neighborhood commercial site to provide goods and services to the community as well as surrounding areas.

CE-1.12: Circulation. We continuously plan and improve public transit and non-vehicular circulation for the mobility of all, including those with limited or no access to private automobiles. (Link to Mobility Public Transit)
The Specific Plan multipurpose trails throughout the community.

Bus turnouts are provided on Archibald Ave and Ontario Ranch Rd.

GOAL CE-2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.

CE-2.1: Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community. (Link to Community Design Element) The Specific Plan sets forth criteria for creating high-quality places.

CE-2.4: Protection of Investment. We require that new
development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality.

The Specific Plan provides a framework for high quality architecture and urban design.

Safety Element
Goal S-1: Minimized risk of injury, loss of life, property damage and economic and social disruption caused by earthquake-induced and other geologic hazards.

S-1.1: 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.

All habitable buildings within the Specific Plan will be required to meet the California Building Code.

S-1.2: Entitlement and Permitting Process. We follow state guidelines and the California Building Code to determine when development proposals must conduct geotechnical and geological investigations.

The SP will be compliant with all state mandated requirements for geotechnical and geological studies.

Goal S-3: Reduced risk of death, injury, property damage and economic loss due to fires, accidents and normal everyday occurrences through prompt and capable emergency response.

S-3.8: Fire Prevention through Environmental Design. We require new development to incorporate fire prevention consideration in the design of streetscapes, sites, open space and buildings. (Link to Community Design Element)
All development within the Specific Plan incorporates fire prevention considerations in the design of streetscapes, sites, open spaces and buildings and will be verified for compliance during the development review process.

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Policy Plan Goals and Policies Specific Plan Consistency Goal S-4: An environment where noise does not adversely affect the public’s health, safety, and welfare.

S-4.1: Noise Mitigation. We utilize the City’s Noise Ordinance, building codes, and subdivision and development codes to mitigate noise impacts.

The SP will be compliant with results of noise studies and mitigation measures.

Goal S-5: Reduced risk of injury, property damage and economic loss resulting from windstorms and wind- related hazards.

S-5.2: Dust Control Measures. We require the implementation of Best Management Practices for dust control at all excavation and grading project.

Construction within the Specific Plan will comply with all mitigation measures identified in the project EIR with regard to dust control.

Goal S6: Reduced potential for hazardous materials exposure and contamination.

S-6.9: Remediation of Methane. We require development to assess and mitigate the presence of methane, per regulatory standards and guidelines.

The project will comply with all mitigation measures identified as part of the recommend methane mitigation requirements to address the potential existence of methane gases within the Specific Plan area.

Goal S-7: Neighborhoods and commercial and industrial districts that are kept safe through a multi-faceted approach of prevention, suppression, community involvement and a system of continuous monitoring.

S-7.4: Crime Prevention through Environmental Design (CPTED).

We require new development to incorporate CPTED in the design of streetscapes, sites, open spaces and buildings.

The Specific Plan requires all new development to be reviewed and approved pursuant to the provisions of the City’s development review process which provides for review by the Police Department which may require the development to incorporate CPTED in the design of streetscapes, sites, open spaces and buildings.

Mobility Element
GOAL M-1: A system of roadways that meets the mobility needs of a dynamic and prosperous Ontario.

M-1.1: Roadway Design and Maintenance. We require our
roadways to:
* Comply with federal, state and local design and safety standards.
* Meet the needs of multiple transportation modes and users. * Handle the capacity envisioned in the Functional Roadway Classification Plan City of Ontario Master Plan of Streets and Highways;.
* Maintain a peak hour Level of Service (LOS) E or better at all intersections.
* Be compatible with the streetscape and surrounding land uses.

4. Be maintained in accordance with best practices and our Rightof-Way Management Plan.

5. Be compatible with the streetscape and surrounding land uses; and

6. Promote the efficient flow of all modes of traffic through the implementation of intelligent transportation systems and travel demand management strategies.
(Link to Community Design Element Policies CD-2.5, CD-2.6, CD2.16, CD-3.3) The Specific Plan is consistent with the requirements of the City’s Functional Roadway Classification Plan. The City will maintain arterial streets and curb-to-curb internal streets through the creation of an Community Facilities District. Parkway improvements within the ROW along interior streets and alleys shall be maintained by an HOA.

M-1.2: Mitigation of Impacts. We require development to mitigate its traffic impacts.

Development within the Specific Plan will implement all traffic mitigation measures, standard conditions and project design features identified in the project EIR.
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Policy Plan Goals and Policies Specific Plan Consistency GOAL M-2: A system of trails and corridors that facilitate and encourage bicycling and walking.

M-2.2: Bicycle System. We provide off-street multipurpose trails and Class II bikeways as our primary paths of travel and use the Class III for connectivity in constrained circumstances Multi-purpose trails and connections are shown on Exhibit 5-10 promoting safe and convenient travel between destination points.

M-2.3: Pedestrian Walkways. We require walkways that promote safe and convenient travel between residential areas, businesses, schools, parks, recreation areas, and other key destination points. (Link to Community Design CD3-1) We require streets to include sidewalks and visible crosswalks at major intersections where necessary to promote safe and comfortable mobility between residential areas, businesses, schools, parks, recreation areas, and other key destination points.
(Link to Community Design Policy CD-3.3)
Pedestrian walkways, as shown in the roadway plans and sections, exist throughout the Specific Plan area promoting safe and convenient travel between destination points.

GOAL M-3: A public transit system that is a viable alternative to automobile travel and meets the basic transportation needs of the transit dependent.

M-3.2: Transit Facilities at New Development. We require new development to provide transit facilities, such as bus shelters, transit bays and turnouts, as necessary.

Turnouts are location on Archibald Ave. and Ontario Ranch Road.

Bus shelters are located on Eucalyptus Ave.

M-3.4: Bus Rapid Transit (BRT) Corridors. We work with regional transit agencies to implement BRT service to target destinations and along corridors, as shown in the Transit Plan.

Ontario Ranch Rd. is designated as a BRT Corridor. The design for the street meets the City’s requirements and includes an additional landscape buffer on the south side of the road.

GOAL M-4: An efficient flow of goods through the City that maximizes economic benefits and minimizes negative impacts M-4.1: Truck Routes. We designate and maintain a network of City truck routes that provide for the effective transport of goods while minimizing negative impacts on local circulation and noisesensitive land uses, as shown in the Truck Routes Plan.

Ontario Ranch Rd. and Archibald Ave. are designated as a Truck Route. The design for the street meets the City’s requirements and includes an additional landscape buffer on the south side of the road.

Community Design Element
GOAL CD-1: A dynamic, progressive city containing distinct neighborhoods and commercial districts that foster a positive sense of identity and belonging among residents, visitors, and businesses.

CD-1.2 Growth Areas. We require development in growth areas to be distinctive and unique places within which there are cohesive design themes.

The Design Guidelines set forth a clear and cohesive design theme by providing design criteria for site planning, architectural styles, landscaping, and walls and fences.

CD-1.4: Transportation Corridors. We will enhance our major transportation corridors within the City through landscape, hardscape, signage and lighting.

The Design Guidelines set forth a clear and cohesive design theme by providing design criteria for landscape, walls and fences, signage and lighting.

CD-1.5: View Corridors. We require all major north- south streets be designed and redeveloped to feature views of the San Gabriel Mountains, which are part of the City’s visual identity and a key to geographic orientation. Such views should be free of visual clutter, including billboards and may be enhanced by framing with trees.

The major north-south streets are designed to feature views of the San Gabriel Mountains and comply with City standards for these streets.

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Policy Plan Goals and Policies Specific Plan Consistency GOAL CD-2: A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes , and developments that are attractive, safe, functional, human-scale, and distinct.

CD-2.1: Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
* building volume, massing, and height to provide appropriate scale and proportion;
* a true architectural style which is carried out in plan, section and elevation through all aspects of the building and site design and appropriate for its setting; and
* exterior building materials that are visually interesting, high quality, durable, and appropriate for the architectural style.

The Design Guidelines set forth a clear and cohesive design theme by providing design criteria for architecture, landscaping, and walls and fences.

CD-2.2: Neighborhood Design. We create distinct residential neighborhoods that are functional, have promote a sense of community and identity by emphasize livability and social interaction, and are uniquely identifiable places emphasizing access, connectivity, livability, and social interaction through such elements as:

1. A pattern of smaller, walkable blocks that promote access, activity, and safety and access to nearby amenities and services;

2. variable setbacks and parcel sizes to accommodate a diversity of housing types Varied parcel sizes and lot configurations to accommodate a diversity of housing types;

3. Traffic calming measures to slow traffic and promote walkability while maintaining acceptable fire protection and traffic flows;

4. Floor plans that encourage views onto the street and deemphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and

5. Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users.

The Design Guidelines provide for distinct residential
neighborhoods that are functional, have a sense of community, emphasize livability and social interaction, and are uniquely identifiable places.

CD-2.3: Commercial Centers. We desire commercial centers to be distinctive, pedestrian friendly, functional and vibrant with a range of businesses, places to gather, and connectivity to the neighborhoods they serve.

The Design Guidelines set forth a clear and cohesive design theme by providing design criteria for architecture, landscaping, and walls and fences.

CD-2.5: Streetscapes. We design new and, when necessary, retrofit existing streets to improve walkability, bicycling and transit integration, strengthen connectivity, and enhance community identity through improvements to the public right of way such as sidewalks, street trees, parkways, curbs, street lighting and street furniture.

The Circulation Plan is designed to accommodate pedestrians, bicycles and autos equally.
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Policy Plan Goals and Policies Specific Plan Consistency CD-2.6: Connectivity. We promote development of local street patterns, and pedestrian networks multimodal networks, and connected public spaces that create and unify neighborhoods, rather than divide them, and create cohesive and continuous corridors, rather than independent “islands” through the following means:

1. Local street patterns that provide access between subdivisions and within neighborhoods and discourage through traffic;

2. A local street system that is logical and understandable for the user. A grid system is preferred to avoid circuitous and confusing travel paths between internal neighborhood areas and adjacent arterials and to provide adequate emergency and evacuation access; and

3. Pedestrian and bicycle networks that provide convenient access to neighborhoods and nearby destinations, such as schools, parks, other public spaces, commercial areas, and transit stops. neighborhoods, centers, public schools, and parks that are linked by pedestrian greenways open space networks. These may also be used to establish clear boundaries between distinct neighborhoods and/or centers.

The Circulation Plan is designed for connectivity that unifies neighborhoods.

CD-2.7: Sustainability. We collaborate with the development community to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping and buildings to reduce energy demand through solar orientation, maximum use of natural daylight, passive solar and natural ventilation, building form, mechanical and structural systems, building materials and construction techniques.

All buildings will meet or exceed California’s stringent CALGreen and California Energy Codes reducing energy demand.

CD-2.8: 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 maintaining visibility and accessibility, and using use of lighting.

The Specific Plan encourages “eyes on the street” for neighborhood safety and security.

CD-2.9: Landscape Design. We encourage durable, sustainable, and drought-tolerant landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.

The Specific Plan landscape enhances the aesthetics of buildings, created and defines public and private spaces and provides shade.

Landscape planting will be in accordance with the City’s landscape ordinance and CALGreen.
1323
9-12 Specific Plan — November 2006
Amended June 2020
November 2023 DRAFT
Policy Plan Goals and Policies Specific Plan Consistency CD-2.10: 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. Parking Areas. We require all development, including single-family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:

1. Surface parking: Shade trees, pervious surfaces, urban run-off capture and infiltration, and pedestrian paths to guide users through the parking field.

2. Structured parking: facade articulation, screening, appropriate lighting, and landscaping.

3. Garage parking: providing access to single-family residential garages through alley access, recessing garages from the frontage to emphasize front doors or active living spaces.

The Specific Plan provides for landscape buffer and landscaped islands within commercial surface parking areas.

CD-2.11: 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.

The Specific Plan contains guidelines for neighborhood entries and monumentation.

CD-2.12: Site and Building Signage. We encourage the use of sign programs that utilize complementary materials, colors, and themes. Project signage should be designed to effectively communicate and direct users to various aspects of the
development and complement the character of the structures.

The Specific Plan contains guidelines for neighborhood entries and monumentation.

GOAL CD-3: Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing, and safe during all hours.

CD3-1 Design. We require that pedestrian, vehicular, bicycle and equestrian circulation on both public and private property be coordinated and designed to maximize safety, comfort and aesthetics. (Link to Bicycle and Pedestrians Section of the Mobility Element and Policies M2-3 and M2-4)
The Specific Plan is designed for bicycle and pedestrian accessibility throughout the community through a network of off-street bike and pedestrian trails.

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.

Landscaping and paving are used to maintain a visual connectivity between streets, sidewalks, and walkways for pedestrians.

CD3-3 Building Entrances. We require all building entrances to be accessible and visible from adjacent streets, sidewalks or public open spaces. (Link to Safety Element Policy S7-4)
The Specific Plan guidelines for doors and entries promote the interface between public and private spaces.
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Specific Plan — November 2006 9-13
Amended June 2020
November 2023 DRAFT
Policy Plan Goals and Policies Specific Plan Consistency 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.

Sidewalks and road surfaces contribute to the appearance of streets and public spaces.

CD-3.6: Landscaping. We utilize landscaping to enhance the aesthetics, functionality and sustainability of streetscapes, outdoor spaces and buildings.

The Design Guidelines set forth a clear and cohesive design theme by providing design criteria for site planning, architectural styles, landscaping, and walls and fences.

GOAL CD-4: Historic buildings, streets, landscapes, and neighborhoods, as well as the story of Ontario’s people, businesses, and social and community organizations, have been preserved and serve as a focal point for civic pride and identity.

CD-4.1: Cultural Resource Management. We update and
maintain an inventory of historic sites and buildings, professional collections, artifacts, manuscripts, photographs, documents, maps, and other archives.

Per SB-18, the Tribal Consultation process has been conducted during the entitlement phase of the Specific Plan Amendment. All mitigation measures The Tribal Resource Treatment Plan will be followed as noted in the letter provided in the SPA Appendix titled, “Gabrieleno Band of Mission Indians – Kizh Nation - Proposed TCR Mitigation Measures Tribal Resource Treatment Plan.”
GOAL CD-5: A sustained level of maintenance and improvement of properties, buildings and infrastructure that protects the property values and encourages public and private investments.

CD-5.1: Maintenance of Buildings and Property. We require all public and privately owned buildings and property (including trails and easements) to be properly and consistently maintained.

A master Home Owner Association (HOA) will be established to maintain common areas and other areas as described in Table 6-1 Maintenance Responsibilities..

CD-5.2: Maintenance of Infrastructure. We require the continual maintenance of infrastructure.

The HOA will maintain infrastructure elements as described in Table 6-1 Maintenance Responsibilities and in accordance with City rules and regulations.

Community Economics Element
GOAL CE-1: A complete community that provides for all incomes and stages of life.

CE-1.6: 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.

The Specific Plan provides a wide array of residential product types, including single family detached, single family attached and multi-family homes to provide housing opportunities for a variety of stages of life and price points to foster a socially balanced community.

GOAL CE-2: A City of distinctive neighborhoods, districts, and corridors, where people choose to be.

CE-2.1: Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community.

The Specific Plan provides for unique, high-quality places that add value to the community.

CE-2.2: 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.

The Specific Plan requires all new development to be reviewed and approved pursuant to the provisions of the City’s development review process.

CE-2.4: Protection of Investment. We require that new
development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality.

The Specific Plan sets forth criteria for creating high-quality places. 1325
9-14 Specific Plan — November 2006
Amended June 2020
November 2023 DRAFT
Policy Plan Goals and Policies Specific Plan Consistency CE-2.5: Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

Maintenance will be ensured by the HOA.

CE-2.6: Public Maintenance. We require the establishment and operation of maintenance districts or other vehicles to fund the long-term operation and maintenance of the public realm whether on private land, in rights-of-way, or on publicly-owned property.

A Community Facilities District (CFD) will be established in conjunction with the Master Homeowners Association to maintain the public realm.
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Appendix: Legal Description
1327
A-2 Specific Plan — June 2018 Draft
Parcel A:

Lots 1 through 14 and lettered Lots F, G, H, I, J, K, L, M, P and Q of Tract No. 18048, in the City of Ontario,
County of San Bernardino, State of California, as per Map recorded in Book 334, Pages 10 through 15 of Maps, on
file in the Office of the County Recorder of said County.

Parcel B:

Government Lots 3 and 4 and the Southeast ¼ of Section
15, Township 2 South, Range 7 West, San Bernardino
Base and Meridian, in the City of Ontario, County of San Bernardino, State of California, according to the Official Government Plat thereof.

Excepting therefrom that portion lying within the land
described in that certain easement in favor of the San
Bernardino County Flood Control District recorded April 20, 1944 in Book 1678, Page 154 of the Official Records.

Also excepting therefrom that portion conveyed to the
San Bernardino County Flood Control District by deed
recorded September 29, 1977 in Book 9273, Page 254
of Official Records.

Also excepting therefrom that portion conveyed to the
County of San Bernardino by deed recorded August 29,
1990 as Instrument No. 90-344004 of Official Records.

Also excepting therefrom all county roads and highways.

Also excepting therefrom that portion conveyed to
the City of Ontario by deed recorded 09/14/2014 as
Instrument No. 2014-344538 of Official Records.

Also excepting therefrom all of Tract 18048, in the City of Ontario, County of San Bernardino, State of California, as per Map recorded in Book 334, Pages 10 through 15,
inclusive of Maps, in the Office of the County recorder of said County.

Assessor’s Parcel Numbers(s):
1: 0218-231-06
2: 0218-231-08
3: 0218-231-09
4: 0218-231-10
5: 0218-231-11
6: 0218-231-12
7: 0218-231-13
8: 0218-231-14
9: 0218-231-15
10: 0218-231-16
11: 0218-231-17
12: 0218-231-18
13: 0218-231-19
14: 0218-231-20
15: 0218-231-21
16: 0218-231-22
17: 0218-231-28
18: 0218-231-29
19: 0218-231-30
20: 0218-231-31
21: 0218-231-32
22: 0218-231-33
23: 0218-231-34
24: 0218-231-35
25: 0218-231-38
26: 0218-231-39
27: 0218-221-09
28: 0218-221-10
1328
Specific Plan — June 2018 Draft A-3
A-1: Legal Description Assessor’s Map Book 0218 Page 23 San Bernardino County Assessor’s Map Book 0218 Page 22 San Bernardino County 1329
A-4 Specific Plan — June 2018 Draft
GABRIELESO BAND OF MISSION INDIANS – KIZH
NATION
California State Recognized Aboriginal Tribe of the Los Angeles Basin (Historically known as the GabrieleÓo Tribal Council - San Gabriel Band of Mission Indians) GABRIELENO BAND OF MISSION INDIANS – KIZH NATION - PROPOSED TCR MITIGATION MEASURES TCR-1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Grounddisturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of grounddisturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.
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Specific Plan — June 2018 Draft A-5
TCR-2: Unanticipated Discovery of Human Remains and Associated Funerary Objects A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

B. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground-disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.

F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

TCR-3: Procedures for Burials and Funerary Remains:

A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.

B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.

C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred 1331
A-6 Specific Plan — June 2018 Draft
materials.

D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.

E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects.

F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.

G. The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.

PLEASE NOTE THE FOLLOWING:

Any/all revisions to the Kizh’s proposed TCR mitigations set forth above must be requested in writing, and not more than ten (10) calendar days from the date that we consulted on the subject Project. Requested revisions shall be delivered to the Kizh via email at [email protected], and in a Word document, redline format. Please include as the email subject: “REQUEST FOR MITIGATION REVISIONS,” and identify the project name and location/address. If revisions are not requested within 10 calendar days of consultation, the Kizh’s proposed mitigations are presumed accepted as proposed (i.e., as set forth above).

Thank you for your anticipated cooperation.
1332
Department: Community Development
Prepared By: Pablo A De Lara
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 22
SUBJECT: A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO.

PDA05-002) BETWEEN THE CITY OF ONTARIO AND SC ONTARIO DEVELOPMENT COMPANY, LLC.

CITY OF ONTARIO
Agenda Report
December 19, 2023
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance Approving a Fifth Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The proposed Fifth Amendment to the Development Agreement (File No. PDA05- 002) will not have a direct impact on the City's General Fund. The Development Agreement continues to provide the mechanism for funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Parkside Specific Plan (Specific Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive public service funding fees plus development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.

BACKGROUND & ANALYSIS: The Parkside Specific Plan was approved by the City Council on September 5, 2006. The Parkside Specific Plan established the land use designations, development standards, design guidelines and development capacity of 1,947 residential units and 115,000 square feet of commercial uses for the Specific Plan area. The Specific Plan is comprised of 26 land use districts (“Planning Areas”), incorporating 19 distinctive neighborhoods and offering a variety of 1333
residential products.

On June 16, 2020, City Council approved an Amendment to the Parkside Specific Plan (File No.

PSPA19-007) to reconfigure the boundaries of Planning Areas 1 thru 4, 17 thru 19, and 21, revise internal circulation and design guidelines adding new housing types and architectural styles.

On September 19, 2006, the City Council approved a Development Agreement, File No. PDA05-002 (“Development Agreement”), between the City of Ontario and SC Ontario Development Company, LLC (“Applicant”) to provide the funding for additional City services required to support the Specific Plan residential development of up to 1,947 residential units and the infrastructure improvements required to support the related Tract Map No. 18048.

On July 7, 2009, the City Council approved an Amendment to the Development Agreement ("First Amendment") to allow Tract Map 18048 to be recorded for the purpose of financing.

On February 3, 2015, the City Council approved a second Amendment to the Development Agreement ("Second Amendment") to update the Development Agreement to conform with the current Construction Agreement with NMC Builders, LLC, and to provide for the phasing of the construction of public infrastructure for 250.89 acres of the Specific Plan.

On June 18, 2019, the City Council approved a third Amendment to the Development Agreement ("Third Amendment") to remove approximately 2.43 acres of land from the Development Agreement and change the legal description in conjunction with the lot line adjustment (File No.

LLA18-010) and sale of a portion of the property to Ontario Land Ventures, LLC, for the design, construction, and completion of street improvements necessary for the ultimate alignment of Eucalyptus Avenue.

On July 7, 2020, The City Council approved a fourth Amendment to the Development Agreement ("Fourth Amendment") to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 20316 (File No. PMTT19-020) and conform to the revised development standards established by the Parkside Specific Plan Amendment (File No.

PSPA19-007).

The main points of the original Development Agreement continue to address Development Impact Fees (DIF), public service funding, Community Facilities District (CFD) for maintenance of public facilities, park/open space requirements, affordable housing fees, school facilities requirements, and remain in full force and effect. State law and Section 2.5 of the original Development Agreement provide that amendments may be made to the Agreement upon the mutual consent of both parties, using the same process and procedures as for the consideration and approval of the original Development Agreement.

The Fifth Amendment was submitted in conjunction with a Tentative Tract Map (File No. PMTT22- 024/TT20487) to subdivide 31.70 acres of land into 5 numbered lots for condominium purposes and a Development Plan (File No. PDEV22-037) to construct 508 apartment units on 30 acres of land located within Planning Areas 17 and 18 of the Parkside Specific Plan. In addition, Applicant submitted an Amendment to the Parkside Specific Plan (File No. PSPA21-006) to; 1) increase the 1334
residential unit capacity from 1,947 to 2,851 dwelling units by modifying density ranges in residential planning areas and adjusting certain planning area boundaries; 2) decrease commercial land use from 11.15 acres of land to 2.77 acres of land within Planning Area 19; 3) decrease Great Park land use from 58.86 acres of land to approximately 37.38 acres within Planning Area 21; 4) increase residential land use from 9.58 acres of land to 27.81 acres within Planning Areas 17 and 18; 5) update certain development standards and building categories; and 6) eliminate the private open space land use in Planning Areas 23, 24, and 25.The Fifth Amendment grants the Applicant a vested right to develop Tentative Tract Map 20487 (Map), provided the Owner complies with the terms and conditions of the Specific Plan and related EIR.

The new Tract Map (see attached Exhibit B) proposes revisions to the Specific Plan necessitates an amendment to the Development Agreement (“Fifth Amendment”) to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 20487 (File No. PMTT22-024) and conform to the updated development standards established by the Parkside Specific Plan Amendment (File No. PSPA21-006).

Key points addressed in the Fifth Amendment are the following:

Design, construction, and timing of the traffic signal at Eucalyptus Avenue and Millennium Paseo;
Updated trail improvements and the timing of those improvements; Timing for the construction of the Cucamonga Creek Channel Bridge enhancements; Timing of construction for Phase 2 retail site improvements; Modification of the parkland and Quimby act fee, construction and City acquisition of the Grand Park; and
Extension of terms of the Development Agreement.

In considering the application at their meeting on November 28, 2023, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No. PC23-093 with a 6 to 0 vote, recommending City Council approval of the Fifth Amendment.

ENVIRONMENTAL REVIEW: An Addendum to the Parkside Specific Plan (File No. PSP03-002) Environmental Impact Report (SCH# 2004011008) certified by the City Council on September 5, 2006, was prepared. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of Project approval and are incorporated herein by this reference.
1335
Exhibit A— Parkside Specific Plan (File No’s. PSP03-002 & PSPA21-006) 1336
Exhibit B— TENTATIVE TRACT MAP 20487
1337
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA05-002, A DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND SC ONTARIO

DEVELOPMENT COMPANY, LLC TO ESTABLISH THE TERMS AND
CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP NO. 20487 (FILE NO. PMTT22-024) TO SUBDIVIDE 31.70 ACRES OF LAND INTO 5 NUMBERED LOTS FOR CONDOMINIUM PURPOSES, LOCATED

EAST OF THE CUCAMONGA CREEK CHANNEL, WEST OF

ARCHIBALD AVENUE, SOUTH OF ONTARIO RANCH ROAD AND
APPROXIMATELY 1,104 FEET NORTH OF EUCALYPTUS AVENUE
WITHIN PLANNING AREAS 17, 18, AND 19 OF THE PARKSIDE
SPECIFIC PLAN (FILE NO. PSP03-002), AND MAKING FINDINGS IN SUPPORT THEREOF—APN(S): 0218-221-10, 0218-221-11, 0218-231- 45, 0218-231-04, 0218-231-08, 0218-231-10, 0218-231-11, 0218-231-13, 0218-231-15, 0218-231-16, 0218-231-23, 0218-231-24, 0218-231-31, 0218-231-32, 0218-231-34, 0218-231-36, 0218-231-39, 0218-063-06, 0218-063-07, 0218-073-04, 0218-073-06, 0218-073-07, 0218-063-04 AND 0218-231-47, AND 0218-231-48.

WHEREAS, SC Ontario Development Company, LLC ("Applicant") has filed an application for the approval of a Fifth Amendment to the Development Agreement, File No. PDA05-002, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 31.70 acres of unimproved land generally located at the southwest corner of Archibald Avenue and Ontario Ranch Road, east of the Cucamonga Flood Control Channel, and north of Planning Area No. 21, within Planning Areas 17, 18 and 19 of the proposed Parkside Specific Plan Amendment, File No. PSPA21-006, and is presently vacant; and
WHEREAS, the property to the north of the Project site is within the Avenue Specific Plan and is undeveloped. The property to the east is within the Grand Park Specific Plan and is undeveloped. The property to the south is within the Parkside Specific Plan and is developed with a City fire station and Chino Basin Desalter well site. The property to the west is within the Parkside Specific Plan, and is developed with the Cucamonga Flood Control Channel; and
WHEREAS, the Applicant submitted a request to amend the Parkside Specific Plan (File No. PSPA21-006) to reconfigure certain Planning Areas, increase the residential capacity from 1,947 to 2,851 residential units to be consistent with The Ontario Plan (TOP) 2050, decrease the Great Park from 58.86 acres to 37.38 acres and commercial development from 15.66 acres to 2.68 acres, and revise, design and development standards; and
1338
WHEREAS, The Parkside Specific Plan was approved by the City Council on September 5, 2006. The Parkside Specific Plan established the land use designations, development standards, design guidelines and development capacity of 1,947 residential units and 115,000 square feet of commercial uses for the Specific Plan area. The Specific Plan is comprised of 26 land use districts (“Planning Areas”), incorporating 19 distinctive neighborhoods and offering a variety of residential products; and WHEREAS on June 16, 2020, City Council approved an amendment to the Parkside Specific Plan (File No. PSPA19-007) to reconfigure the boundaries of Planning Areas 1 thru 4, 17 thru 19, and 21, revise internal circulation and design guidelines adding new housing types and architectural styles; and
WHEREAS, on September 19, 2006, the City Council of the City of Ontario (“City”), adopted Ordinance No. 2841, approving the original Development Agreement between the City and Applicant, to provide the funding for additional City services required to support the Parkside Specific Plan (File No. PSP03-002) residential development of up to 1,947 residential units and the infrastructure improvements required to support the related Tract Map 18048 (File No. PMTT06-039); and
WHEREAS, on July 7, 2009, the City adopted Ordinance No. 2909, approving a First Amendment to the Development Agreement, to allow Tract Map 18048 to be recorded for the purpose of financing; and
WHEREAS, on February 3, 2015, the City adopted Ordinance No. 3012, approving a Second Amendment to the Development Agreement, to update the Development Agreement to conform with the Construction Agreement with NMC Builders, LLC, and to provide for the phasing of the construction of public infrastructure for 250.89 acres of the Parkside Specific Plan; and
WHEREAS, on June 18, 2019, the City adopted Ordinance No. 3134, approving the Third Amendment to the Development Agreement, to change the legal description in conjunction with the lot line adjustment (File No. LLA18-010) and sale of a portion of the property to Ontario Land Ventures, LLC, for the design, construction, and completion of street improvements necessary for the ultimate alignment of Eucalyptus Avenue; and WHEREAS, on July 7, 2020, The City Council adopted ordinance No. 3164, approving a fourth amendment to the Development Agreement (“Fourth Amendment”) to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 20316 (File No. PMTT19-020), and conform to the revised development standards established by the Parkside Specific Plan Amendment (File No. PSPA19-007); and
WHEREAS, on August 3, 2022, the Applicant submitted a Tentative Tract Map No. 20487 (File No. PMTT22-024) to subdivide 31.70 acres of land into 5 numbered lots for condominium purposes and a Development Plan (File No. PDEV22-037) to construct 508 apartment units on 30 acres of land located within Planning Areas 17 and 18 of the Parkside Specific Plan. In addition, Applicant submitted an Amendment to the Parkside Specific Plan (File No. PSPA21-006) to; a) increase the residential unit capacity from 1,947 to 2,851 1339
dwelling units by modifying density ranges in residential planning areas and adjusting certain planning area boundaries; b) decrease commercial land use from 11.15 acres of land to

2.77 acres of land within Planning Area 19; c) decrease Great Park land use from 58.86 acres of land to approximately 37.38 acres within Planning Area 21; d) increase residential land use from 9.58 acres of land to 27.81 acres within Planning Areas 17 and 18; e) update certain development standards and building categories; and f) eliminate the private open space land use in Planning Areas 23, 24, and 25; and
WHEREAS, the new Tract Map (see attached Exhibit B) and proposed revisions to the Specific Plan necessitates a fifth amendment to the Development Agreement (“Fifth Amendment”) to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 20487 (File No. PMTT22-024), and conform to the updated development standards established by the Parkside Specific Plan Amendment (File No. PSPA21-006); and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act — Public Resources Code Section 21000 et seq. — (hereinafter referred to as "CEQA") and an initial study has been prepared to determine possible environmental impacts; and
WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and approve/deny the subject Application; and
WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "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, on November 28, 2023, 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. PC23-093 recommending the City Council approve the Application; and
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WHEREAS, on December 19, 2023, 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 approving authority for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of this project were previously reviewed in conjunction with File No. PSP03-002, an addendum to the Parkside Specific Plan for which a Certified EIR was adopted by the City Council on September 5, 2006; and
(2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and (3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The previous Certified EIR reflects the independent judgment of the City Council; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.

SECTION 2: Subsequent or Supplemental Environmental Review Not Required. Based on the information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental 1341
effects or a substantial increase in the severity of the previously identified significant effects; and
(3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or
(d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the approving authority for the Project, the City Council finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan. The Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

SECTION 4: 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.
(1) 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 1342
the approving 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 City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and
SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
(1) The Fifth Amendment applies to subdivide 31.70 acres of land into 5 numbered lot for condominium purposes located east of the Cucamonga Creek Channel, west of Archibald Avenue, south of Ontario Ranch Road and approximately 1,104 feet north of Eucalyptus Avenue within Planning Areas 17, 18, and 19 of the Parkside Specific Plan.
(2) An Addendum to the Parkside Specific Plan (File No. PSP03-002); and the main points of the original Development Agreement continue to address Development Impact Fees (DIF), public service funding, Community Facilities District (CFD) for maintenance of public facilities, park/open space requirements, affordable housing fees, school facilities requirements, and remain in full force and effect. State law and Section

2.5 of the original Development Agreement provide that amendments may be made to the Agreement upon the mutual consent of both parties, using the same process and procedures as for the consideration and approval of the original Development Agreement; and
(3) The new Tract Map (see attached Exhibit B) and proposed revisions to the Specific Plan necessitates a fifth amendment to the Development Agreement (“Fifth Amendment”) to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 220487 (File No. PMTT22-024), and conform to the updated development standards established by the Parkside Specific Plan Amendment (File No. PSPA21-006); and
(4) Key points addressed in the Fifth Amendment are the following:
(a) Design, construction, and timing of the Traffic Signal at Eucalyptus Avenue and Millennium Paseo;
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(b) Updated Trail improvements and the timing of those improvements; (c) Timing for the construction of the Cucamonga Creek Channel Bridge Enhancements;
(d) Timing of construction for Phase 2 retail site improvements; (e) Modification of the parkland and Quimby act fee, construction and City acquisition of the Grand Park (Great Park); and
(f) Extension of terms of the Development Agreement.

SECTION 6: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the Fifth Amendment to the Development Agreement (File No. PDA05-002), attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 7: City Manager Administrative Authority. The City Council acknowledges that refinements and further development of the Ontario Ranch development area may demonstrate that changes are appropriate with respect to the details and performance of the parties under the Development Agreement. The City Council desires to retain a certain degree of flexibility with respect to the details of the Ontario Ranch developments, and with respect to those items covered in general terms under the Development Agreement. If and when the City Manager (or designee) and the Developer mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of the Development Agreement, and such are not materially inconsistent with the Development Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications by written amendment to this Agreement, or through one or more memoranda which are mutually approved by the City Manager on behalf of the City and by the Developer, and, after execution, shall be attached to the Development Agreement and become a part thereof. Unless otherwise required by law, no such changes, adjustments, or clarifications shall require prior notice or hearing before the City Council. The City Manager, with the approval of the City Attorney, shall have the authority but not the obligation to execute amendments, memoranda or other documents, and may take any action necessary to implement the Development Agreement.

SECTION 8 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 9: 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. 1344
SECTION 10: 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 Cityof 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 11: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 12: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

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

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. 2023- was duly introduced at a regular meeting of the City Council of the City of Ontario held ________, 2023 and adopted at the regular meeting held ___________, 2023 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. PDA05-002

FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
SC Ontario Development Company, LLC
a Delaware limited liability company
(Development Agreement to follow this page)
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1/16/2023

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
______________________________________________________________________ Exempt from Recording Fees Per Government Code Sections 6103 and 27383 ______________________________________________________________________ Space above this line for Recorder’s Use
File No. PDA05-002

FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
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2 BY AND BETWEEN THE CITY OF ONTARIO AND

SC ONTARIO DEVELOPMENT COMPANY, LLC
This Fifth Amendment to Development Agreement (hereinafter “Fifth Amendment”) is entered into as of the _____ day of ___________________ 2023 by and among the CITY OF ONTARIO, a California municipal corporation (hereinafter “CITY”), and SC ONTARIO DEVELOPMENT COMPANY LLC, a Delaware limited liability company (hereinafter “OWNER”).

RECITALS
WHEREAS, the CITY and OWNER’s predecessor have previously entered into a (i) Development Agreement dated September 19, 2006 and recorded in San Bernardino County, California on November 14, 2006 as Instrument No. 2006-0774531 pursuant to Section 65864, et seq., of the Government Code, (hereinafter the “Original Development Agreement”), as amended by (ii) that First Amendment to Development Agreement dated June 16, 2009, and recorded on September 14, 2009 as Instrument No. 2009-0403692 (the “First Amendment”), (iii) that Second Amendment to the Development Agreement dated April 4, 2017, and recorded on May 15, 2017 as Instrument No. 2017-0199310 (the “Second Amendment”), (iv) that Third Amendment to Development Agreement dated June 18, 2019, and recorded on June 27, 2019 as Instrument No. 2019-0211740 (the “Third Amendment”) and (v) that Fourth Amendment to Development Agreement dated July 7, 2020 and recorded on July 31, 2020 as Instrument No. 2020-0265729 (the “Fourth Amendment”), all with respect to the real property described in Exhibit “A-R” to this Fifth Amendment.

WHEREAS the CITY and OWNER now intend to amend further the Original Development Agreement, as amended by the First, Second, Third and Fourth Amendments respectively (collectively, the “Development Agreement”), as set forth herein, provided, however, such amendment shall apply only to the extent that OWNER still owns real property within the Project. Although Phase 1A of the Project is referenced herein, nothing herein is intended by CITY or OWNER to amend the Development Agreement to the extent applicable to such Phase 1A, which has been conveyed to The New Home Company. Accordingly, the land within such Phase 1A and the rights and obligations of The New Home Company and CITY with respect to such Phase 1A, as set forth in the Development Agreement, shall remain unamended and are expressly excluded from the terms and provisions of this Fifth Amendment.

WHEREAS, Section 2.5 of the Original Development Agreement specifies that the Development Agreement may be amended in whole or in part only in the manner provided for in Government Code Section 65868.1 and the procedure for adopting and entering into an amendment to the Development Agreement shall be the same as the procedure for adopting and entering into the Original Development Agreement; and WHEREAS, the CITY and OWNER agree to modify the commencement of certain specific infrastructure improvements to reflect the Tentative Tract Map 20316 and current 1349
3 development conditions in Ontario Ranch as it relates to the Parkside Specific Plan area; and
WHEREAS, the CITY and OWNER agree that execution of this Fifth Amendment shall constitute Certification of Agreement Compliance under Section 6.6 of the Development Agreement; and
WHEREAS, the term of the Original Development Agreement was for a ten (10) year term, expiring on September 19, 2016, the term of the Development Agreement was extended an additional five (5) years by the execution of the Second Amendment, expiring September 19, 2021, and the term of the Development Agreement was extended an additional five (5) years by the execution of the Fourth Amendment, expiring September 19, 2026, CITY and OWNER now agree to extend the term of the Development Agreement for an additional five (5) year period, expiring on September 19, 2031 and to provide for the further extension of the term of the Development to September 19, 2036 once the 1,040th permit has been issued for the Project.

AGREEMENTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual agreements hereinafter contained, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

2.1 Defined Terms. Unless otherwise defined herein, capitalized terms contained in this Amendment shall have the meanings ascribed to the in the Development Agreement.

2.1 Additional and Modified Definitions.
“Effective Date” means the date that the ordinance approving this Fifth Amendment becomes effective.
“Development Agreement” is revised to mean, collectively, the Original Development Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth Amendment and this Fifth Amendment.
“Existing DIF Credit Agreement” means that certain Development Impact Fee Credit Agreement For Facility Construction (File No. PDIF 19-908) dated March 2, 2021.
“Existing Development Approvals” is revised to mean all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Development Approvals incorporated herein as Exhibit “C-R” and all other Development Approvals that are a matter of public record on the Effective Date.
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4 “Existing Land Use Regulations” is revised to mean all Land Use Regulations in effect on the Effective Date and all other Land Use Regulations that are in effect and a matter of public record on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “D-R.” “Model Units” means a maximum of thirty-six (36) units in each of the four (4) Phases constructed by OWNER for promotion of sales.
“Phase 1 Units” means the first five hundred forty (540) units for which the CITY issues building permits to OWNER and shall include up to thirty-six (36) Model Units.
“Phase 2 Units” means the five hundred eight (508) units and a commercial shopping center consisting of fifteen thousand (15,000) square of building space (as depicted on the Revised Conceptual Phasing Plan attached hereto as Exhibit “E-R”) for which the CITY issues building permits to OWNER and shall include up to thirty-six (36) Model Units.
“Phase 3 Units” means the nine hundred one (901) units, (as depicted on Exhibit “E-R” attached hereto) for which the CITY issues building permits to OWNER and shall include up to thirty-six (36) Model Units.
“Phase 4 Units” means the nine hundred two (902) units (as depicted on Exhibit “E-R” attached hereto) for which the CITY issues building permits to OWNER. and shall include up to thirty-six (36) Model Units.
“Production Units” means all units constructed for sale or lease by OWNER and occupancy and excludes a maximum of thirty-six (36) Model Units per Phase constructed by OWNER for promotion of sales.

2.1 Exhibits. The following documents are attached to, and by this reference made a part of, this Fifth Amendment and revise and replace Exhibits A-R, B-R, C-R, DR, and E-R in the Development Agreement:

Exhibit “A-R” – Revised Legal Description of Property
Exhibit “B-R” – Revised Parkside Specific Plan
Exhibit “C-R” – Revised Existing Development Approvals
Exhibit “D-R” – Revised Existing Land Use Regulations
Exhibit “E-R” — Revised Conceptual Phasing Plan
Exhibit “F-R” – Cucamonga Creek Channel Bridge Enhancements 1351
5 Exhibit “G-R” - Enhanced Amenities Required For Qualified Community Facilities District HOA Waiver Policy
Exhibit “H-R” -Great Park Phasing Map

2. MODIFICATIONS TO DEVELOPMENT AGREEMENT TO CONFORM TO

AMENDMENT
The following provisions of Section 2.3 of the Fourth Amendment are hereby revised and added to provide as follows:

2.3 Modifications of the Amounts of the CFD to Finance CITY Services. Prior to, and as a condition precedent to, the recordation of each final subdivision creating buildable lots, such map shall be included in a Community Facilities District (“CFD”) to finance CITY services through annual special taxes. The amounts contained in Section 5.1 in the Development Agreement shall be modified as follows:
 Single Family Detached Dwelling Unit from $1,443.71.
 Multiple Family Dwelling Unit from $1,251.15
 Gated Apartment Community Dwelling Unit from $1,048.96.  The amount for Non-Residential building shall be modified to $0.27 per square foot.

These modified amounts shall be subject to an automatic increase, not to exceed four (4%) percent per year, beginning on July 1, 2024, unless otherwise modified by the CITY.

CITY and OWNER intend that the Phase 2 Units will be developed as a for-rent apartment project under single ownership. So long as the Phase 2 Units remain for-rent apartments, the requirements of this section shall not apply to the Phase 2 Units. However, if OWNER elects to develop or convert the Phase 2 Units into for-sale condominium units, OWNER shall form a Community Facilities District subject to the provisions of this section prior to the first Close of Escrow within that phase.

3. MODIFICATIONS TO DEVELOPMENT AGREEMENT TO AMEND CERTAIN

REQUIREMENTS FOR CONSTRUCTION OF SPECIFIC PUBLIC
IMPROVEMENTS.

A. The following provisions of Section 3.7 of the Fourth Amendment are hereby revised and added to provide as follows:
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6 3.7.4 Traffic Signal at Eucalyptus Avenue and Millennium Paseo. Because the name of Parkhouse Privado was changed to Millennium Paseo, the Development Agreement is amended to provide that OWNER now shall design, construct, and complete the Traffic Signal at Eucalyptus Avenue and Millennium Paseo (instead of Parkhouse Privado), prior to and as a condition precedent to OWNER’S request for the first occupancy permit for Phase 1 Production Units or prior to completion of the Eucalyptus Bridge Improvements, whichever occurs first. All references to Parkhouse Privada are hereby deleted.

3.7.6 Progress Reports. OWNER shall provide periodic written progress reports to the CITY commencing thirty (30) days after the OWNER initiates construction of the Trail Improvements for each Phase, and each sixty (60) days thereafter regarding the progress of construction of the Trail Improvements for each Phase.

3.7.9 Cucamonga Creek Channel Bridge Enhancements. CITY and OWNER mutually agree that the development of the Cucamonga Creek Channel Bridge Enhancements as shown in “Exhibit F-Phase 3” shall be revised as set forth in Exhibit “F-R” attached hereto and shall be constructed and completed by OWNER prior to the 1,049th building permit issued for Production Units.

3.7.10 Phase 2 Retail Site Improvements. CITY and OWNER mutually agree that the development of the Phase 2 Units and commercial site shall be constructed subject to the following:
 Prior to the issuance of the 250th residential building permit issued for Phase 2 Units, OWNER shall submit the Phase 2 commercial site improvement and building plans to the City for plan check. Should the applicant fail to satisfy this condition, CITY may, at its sole discretion, withhold any additional permit issuance and may withhold any certificate of occupancies not previously issued, provided however that the city manager may authorize the release of additional permits and certificates of occupancy upon evidence in CITY sole discretion that market conditions outside of OWNER’s control prevented the timely development of the Phase 2 commercial site.
 Prior to the issuance of the 450th residential certificate of occupancy issued for Phase 2 Units, OWNER shall apply for and receive a commercial building permit for the Phase 2 commercial site. The commercial building construction shall be diligently pursued to completion and issuance of building final permit.

Should the applicant fail to satisfy this condition, CITY may, at its sole discretion, withhold any additional permit issuance and may withhold any certificate of occupancies not previously issued, provided however that the city manager may authorize the release of additional permits and certificates of occupancy upon evidence that market conditions outside of OWNER’s control prevented the timely development of the Phase 2 commercial site. 1353
7 4. MODIFICATION OF PARKLAND AND QUIMBY ACT FEE/CONSTRUCTION AND

ACQUISITION OF GREAT PARK
A. Section 4.2.3 of the Development Agreement is revised to provide as follows:

4.2.3 Parkland and Quimby Act Fees. Pursuant to the General Plan (Ontario Plan) Goal PR1, Policy PR1-5 (achievement of a park standard of 5 acres of parkland per 1,000 residents), OWNER shall, with respect to its Project, develop and improve 2 acres of parks and improved open space per 1,000 of projected population (“Parkland”) without Quimby fee credit, reimbursement, offset or other consideration from CITY. Such areas shall be transferred to a homeowner’s association or to the City if any such areas are included in the public areas of the Great Park.

4.2.3.1 Satisfaction of Parkland Requirements. OWNER’s requirements for acquisition and improvement of Parkland in an amount equal to two (2) acres per 1,000 of projected population shall be deemed satisfied by a combination of the development of non-public recreational facilities such as private pocket parks, pools, splash pads, community centers, tennis and basketball courts, clubhouses and other community amenities, and by the development and dedication of a portion of the Great Park and the Trail Improvements. The portion of the Great Park and the Trail Improvements that is dedicated in recognition of Owner’s requirements for parkland in the amount equal to two (2) acres per 1,000 of projected population shall be dedicated to the CITY without DIF credit and shall not be considered as a “Non-Program Interest” as provided in Section 3.6 of the Construction Agreement. CITY and OWNER agree that the following improvements and dedications satisfy OWNER’s parkland requirements under Section 4.2.3 above to the full extent of the acreages described in the following subsections of this Section 4.2.3.

4.2.3.2 CITY and OWNER agree that lot NN consisting of 1.32 acres was developed and improved as a private recreation area to serve the Project in satisfaction of OWNER’S parkland requirements set forth in Policy PR1-5 and Section 4.2.3 above and its subsections.

4.2.3.3 OWNER shall dedicate to the CITY 4.39 acres within the Great Park, concurrent with the City’s close of escrow for its purchase of that additional 11.3 acres within the Great Park collectively identified as Park Areas I and II of the Great Park on the map attached as Exhibit “H” attached hereto. Thereafter, within eighteen (18) months after that close of escrow, OWNER shall complete those parkland improvements within Park Area I to be described in the Great Park Plan referred to in Section 4.2.4 below (the “Great Park Phase 1 Improvements”).

OWNER’S dedication of the aforementioned 4.39 acres to the City for the Great Park shall be in satisfaction of OWNER’S parkland requirements set forth in Policy PR1-5 and Section 4.2.3 above and its subsections. Except for those Great Park Phase 1 Improvements located within Park Area I, the City shall be solely 1354
8 responsible for the funding and construction of all improvements to Park Area II of the Great Park (the “Great Park Phase 2 Improvements”).

4.2.3.4 OWNER shall complete The Trail Improvements described in section 3.7.5 of the 4th Amendment to the Development Agreement in satisfaction of OWNER’S parkland requirements set forth in Policy PR1-5 and Section 4.2.3 above and its subsections.

B. Section 4.2.4 of the Second Amendment to the Development Agreement is revised to provide as follows:

4.2.4. OWNER agrees that Park Areas I, II, II and IV on the map attached hereto as Exhibit “H,” collectively comprise the Great Park as identified in the Parkside Specific Plan which shall be transferred to the City and improved by Owner in four (4) Phases in accordance with the City’s park standards and open to the public.

Park Areas I and II are to be transferred together to the CITY by OWNER as set forth in Section 4.2.3.3 and Park Areas III and IV shall be transferred to City in accordance with the terms of the Great Park Plan (defined below). CITY and OWNER shall meet periodically and/or as needed from the Effective Date of this Amendment, to jointly develop a plan for the timing and phasing of the improvement, funding, completion and acquisition of each of the Park Areas I,II, III and IV (the “Great Park Plan”). The Great Park Plan may be in the form of Purchase and Sale Agreements between the City and Owner which shall provide for City’ purchase of Park Areas I, II, III and IV, and identify the improvements which Owner shall construct within each Park Area. Subject to the successful development of the Great Park Plan and OWNER’s and CITY’s approval and execution of an amendment to the Existing DIF Credit Agreement (or execution of a separate DIF Credit and Reimbursement Agreement) (the “Great Park DIF Agreement”) which adds all public improvements made to the Great Park by OWNER as improvements with are eligible for DIF Credit (the “Great Park Improvements”), the design and construction of the Great Park Improvements shall entitle OWNER, if OWNER elects, to a credit towards its obligations under the Quimby Act (Gov. Code § 64477) and the CITY’s implementing ordinance and/or resolution (collectively “Quimby Act Obligations”), and/or alternatively, OWNER shall be entitled to have the CITY acquire such developed and public available parks as Non-Program Interests as set forth in Section 3.6.2 of the Construction Agreement Amendment. CITY acknowledges that the development of the Great Park areas by OWNER exceeds OWNER’s requirements for the development of parkland and open space and OWNER shall be entitled to further consideration for the development and dedication of the Great Park area in form of reimbursements to OWNER from Quimby Act Fees collected by CITY and paid by other development within the Ontario Ranch area of the New Model Colony, and/or by the City’s issuance of DIF Credits to Owner in accordance with the Great Park DIF Agreement. The specific terms of the issuance of DIF Credit and DIF 1355
9 Reimbursement to OWNER for the Great Park Improvements will be included in the Great Park DIF Agreement as provided above and in Section 4.2.6.

C. Section 4.2.6 is added to the Development Agreement to provide as follows:

4.2.6 Construction of DIF Program Infrastructure (Non-Construction Agreement).

To the extent OWNER is required to construct and completes construction of Improvements that are included in CITY's Development Impact Fee Program and such Improvements are not included in the Construction Agreement Amendment between CITY and NMC Builders, CITY agrees that CITY shall issue DIF Credit, and where appropriate, DIF Reimbursement in accordance with the provisions of an amendment to the Existing DIF Credit Agreement (or execution of a separate DIF Credit and Reimbursement Agreement). Limitation on the use of DIF Credit issued to OWNER to offset OWNER's DIF payment obligations shall also be subject to the provisions of such amendment to the Existing DIF Credit and Reimbursement Agreement (or separate DIF Credit and Reimbursement Agreement). OWNER may also be eligible to receive reimbursement from DIF collected by CITY and paid by other development that benefit from OWNER's construction of Infrastructure that is included in CITY's DIF Program. Any such DIF Reimbursement shall be subject to such an amendment to the Existing DIF Credit Agreement (or separate DIF Credit and Reimbursement Agreement). CITY and OWNER agree that such amendment to the Existing DIF Credit Agreement (or separate DIF Credit and Reimbursement Agreement) between CITY and OWNER shall comply with CITY's adopted policies applicable to such agreements."

5. OTHER MODIFICATIONS.

A. Section 4.2 of the Fourth Amendment is revised to provide as follows:

4.2 Extension of Term of the Development Agreement. CITY and OWNER acknowledge that the Term of the Development Agreement will expire on September 19, 2026. CITY and OWNER also agree that the OWNER has not met the building permit issuance requirements for the extension of the term of the Development Agreement as Notwithstanding that this requirement has not been met, CITY and OWNER agree that OWNER has met the remaining requirements for the extension of the term of the Development Agreement and that OWNER is not in default of the Development Agreement. CITY and OWNER agree that the term of the Development Agreement shall be extended for an additional five (5) year period to September 19, 2031 for a total term of twenty-five (25) years following the Effective Date of the Development Agreement. The Development Agreement shall be extended an additional five (5) year period to September 19, 2036 once the 1,040th permit has been issued for the Project.
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10 6. INTEGRATION.

A. Section 6.1 of the Fourth Amendment is revised to provide as follows:

6.1 Integration of Previous Understands and Clarifications. This Fifth Amendment reflects the complete understanding of the parties with respect to the subject matter hereof. To the extent this Fifth Amendment conflicts with the Development Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, this Fifth Amendment supersedes such previous document(s). In all other aspects, the parties hereto re-affirm and ratify all other terms, conditions, provisions, and obligations under the Original Development Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment. The Property covered by this Fifth Amendment is as described in the legal description of the Property attached hereto as revised Exhibit “A-R.” This Fifth Amendment shall be recorded against the Property.
[Signatures Immediately on Next Page]
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11 SIGNATURE PAGE

TO FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND SC ONTARIO DEVELOPMENT COMPANY, LLC.

IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment as of the Effective Date.
"OWNER"

SC ONTARIO DEVELOPMENT COMPANY,
LLC,
a Delaware limited liability company
By: LEWIS MANAGEMENT CORP.,
a Delaware corporation - Its Sole
Manager
By:

Name:

Its: Authorized Agent
"CITY"

CITY OF ONTARIO
a California municipal corporation
By:_______________________________
Scott Ochoa, City Manager
Date: ___________________
ATTEST:
__________________________________
City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
__________________________________
City Attorney
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12 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _________________________ )
On ____________________, 20__ before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
[SEAL]
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13 ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
[SEAL]
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1/16/2023
EXHIBIT “A-R”

REVISED LEGAL DESCRIPTION OF PROPERTY

THE LAND HEREINAFTER DESCRIBED IS SITUATED IN THE CITY OF ONTARIO,

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

PARCEL 1 (SUNKIST)
GOVERNMENT LOTS 3 AND 4 AND THE SOUTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN IN THE

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE LAND DESCRIBED

IN THAT CERTAIN EASEMENT IN FAVOR OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED APRIL 20, 1944, IN BOOK 1678 PAGE 154 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN

BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED SEPTEMBER 29, 1977, IN BOOK 9273 PAGE 254 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED AUGUST 29, 1990, AS INSTRUMENT NO. 90-344004 OF OFFICIAL RECORDS.

ALSO EXCEPT ALL COUNTY ROADS AND HIGHWAYS.
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15 ALSO EXCEPTING THE FOLLOWING:
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16 1363
17 EXHIBIT “B-R”

REVISED PARKSIDE SPECIFIC PLAN
1364
18 EXHIBIT “C-R”

REVISED EXISTING DEVELOPMENT APPROVALS
On April 23, 2019, the Planning Commission:
a) Adopted Resolution No. PC19-025 recommending City Council approval of the Third Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC. 1365
19 EXHIBIT “C-R” Continued

EXISTING DEVELOPMENT APPROVALS
On June 18, 2019, the City Council:
a) Adopted Ordinance 3134 approving the Third Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC.
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1/16/2023
EXHIBIT “D-R”

REVISED EXISTING LAND USE REGULATIONS
The Documents are listed for reference only:

1. Parkside Specific Plan Environmental Impact Report, Resolution No. 2006-068.

2. General Plan Amendment (File No. PGPA04-003), Resolution No. 2006-068A.

3. Parkside Specific Plan (File No. PSP03-002), Ordinance No. 283.

4. City of Ontario Municipal Code:
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks and Recreation
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21 EXHIBIT “E-R”

REVISED CONCEPTUAL PHASING PLAN
(SEE ATTACHED)
1368
22 1369
23 1370
24 1371
25 1372
26 1373
27 1374
28 1375
29 1376
30 1377
31 EXHIBIT “F-R”

CUCAMONGA CREEK CHANNEL BRIDGE ENHANCEMENTS
[SEE ATTACHED]
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32 1379
1/16/2023
EXHIBIT “G-R”

ENHANCED AMENITIES REQUIRED FOR QUALIFIED COMMUNITY FACILITIES

DISTRICT HOA WAIVER
[SEE ATTACHED]
1380
34 1381
35 EXHIBIT “H”

GREAT PARK PHASING MAP
[SEE ATTACHED]
1382
36 1383
Department: Community Development
Prepared By: Pablo A De Lara
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 23
SUBJECT: A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23-002) BETWEEN THE CITY OF ONTARIO AND IV3 LOMA CREEK LOGISTICS CENTER, LLC

CITY OF ONTARIO
Agenda Report
December 19, 2023
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA23-002) between the City of Ontario and IV3 Loma Creek Logistics Center LLC, to establish the terms and conditions associated with a Development Plan (File No. PDEV23-013), to construct one (1) industrial building totaling 534,373 square feet on 23.88 acres of land, located on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The proposed Development Agreement (File No. PDA23-002) will not have a direct impact on the City's General Fund. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Rich Haven Specific Plan (Specific Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive public service funding fees plus development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.

BACKGROUND & ANALYSIS: The Ontario Ranch financial commitments required for construction of properties within a specific plan are substantial. Therefore, in order to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, IV3 Loma Creek Logistics Center, LLC (Owner), has requested that the City enter into 1384
negotiations to create a Development Agreement (Agreement).

The proposed Agreement is based on the model Development Agreement that was developed in coordination with the City Attorney and legal counsel for NMC Builders. This model Development Agreement is consistent with the provisions of the Construction Agreement. The terms of the agreement between NMC Builders members requires that members of the LLC enter into Development Agreements that are consistent with the provisions of the Construction Agreement and are consistent with the commitments to assure adequate public infrastructure improvements are constructed by the Owner.

The Agreement proposes to include 23.88 acres of land within the Planning Area 2C (Light Industrial District) of the Specific Plan, as shown on the attached Exhibit A. The Agreement grants the Applicant a vested right to develop the Development Plan (File No. PDEV23-013), provided the Owner complies with the terms and conditions of the Specific Plan and related EIR.

The Development Plan proposes to construct one industrial building totaling 534,373 square feet on 23.88 acres of land located on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan.

The conceptual site plan, as shown on attached Exhibit B, illustrates the proposed future development of the Project site.

The term of the Agreement is for 10 years, with a 5-year option to renew. The main points of the Agreement address funding for all new City expenses created by the project, which includes:

Development Impact Fees (DIF) for construction of public improvements (i.e. streets and bridges, sewer, water, storm drain and fiber); Public Service Funding to ensure adequate provisions of public services (police, fire, and other public services); and the creation of a Community Facilities District (CFD) for the maintenance of public facilities. Additionally, the Owner shall pay in lieu-fees to the City for the future construction and completion of Ontario Ranch Regional Water and Storm Drain improvements.

In considering the Agreement at their meeting on November 28, 2023, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No. PC23-099 with a 6 to 0 vote, recommending City Council approval of the Agreement.

ENVIRONMENTAL REVIEW: The environmental impacts of this project were previously reviewed in conjunction with the Rich Haven Specific Plan Amendment (File No. PSPA22-001), for which an Environmental Impact Report (State Clearinghouse No. 2022100425) was certified by the City Council on June 20, 2023. This application introduces no new significant environmental impacts. 1385
Exhibit A— Rich Haven Specific Plan (File No. PSPA22-001) 1386
Exhibit B— Site Plan
1387
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA23-002, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND IV3 LOMA

CREEK LOGISTICS CENTER LLC, TO ESTABLISH THE TERMS AND
CONDITIONS ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO.

PDEV23-013) TO CONSTRUCT ONE (1) INDUSTRIAL BUILDING
TOTALING 534,373 SQUARE FEET ON 23.88 ACRES OF LAND,

LOCATED ON THE WEST SIDE OF MILL CREEK AVENUE,
APPROXIMATELY 300 FEET SOUTH OF CHINO AVENUE, WITHIN
PLANNING AREA 2C (LIGHT INDUSTRIAL DISTRICT) OF THE RICH

HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT
THEREOF—APN: 218-161-18.

WHEREAS IV3 Loma Creek Logistics Center LLC ("Applicant") has filed an application for the approval of a Development Agreement, File No. PDA23-002 as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 23.88 acres of land, located on the west side of Mill Creek Avenue approximately 300 feet south of Chino Avenue within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan; and WHEREAS, the applicant submitted a Development Plan (File No. PDEV23-013) to construct one industrial building totaling 534,373 square feet on 23.88 acres of land located on the west side of Mill Creek Avenue approximately 300 feet south of Chino Avenue within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan.; and
WHEREAS, the environmental impacts of this project were previously reviewed in conjunction with File No. PSPA22-001, the Rich Haven Specific Plan Amendment for which an Environmental Impact Report (State Clearinghouse No. 2022100425) (hereinafter referred to as "Certified EIR") was adopted by the City Council on June 20, 2023, and this Application introduces no new significant environmental impacts; and
WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and approve/deny the subject Application; and
1388
WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "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 November 28, 2023, the Planning Commission of the City of Ontario, California, conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC23-099, recommending the City Council approve the Application; and
WHEREAS, on December 19, 2023, the City Council of the City of Ontario, California, 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 approving authority for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of this project were previously reviewed in conjunction with File No. PSPA22-001, the Rich Haven Specific Plan Amendment for which an Environmental Impact Report (State Clearinghouse No. 2022100425) (hereinafter referred to as "Certified EIR") was adopted by the City Council on June 20, 2023, and this Application introduces no new significant environmental impacts; and (2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and
1389
(3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The previous Certified EIR reflects the independent judgment of the City Council; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.

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

SECTION 4: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
(1) The Development Agreement applies to approximately 23.88 acres of land, located on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan; and
(2) The Development Agreement establishes parameters for the development of land within the Rich Haven Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; 1391
and establish the terms and conditions that apply to those projects. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the Rich Haven Specific Plan; and
(3) The Development Agreement grants the Applicant a vested right to develop Development Plan (PDEV23-013), as long as the Applicant complies with the terms and conditions of the Rich Haven Specific Plan and EIR.

Development Plan (PDEV23-013) is on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan, and to construct one industrial building totaling 534,373 square feet on the Project site; and (4) The Development Agreement has been prepared in conformance with the goals and policies of The Ontario Plan Policy Plan (General Plan); and (5) The Development Agreement does not conflict with the Land Use Policies of The Ontario Plan Policy Plan (General Plan) and will provide for development, within the district, in a manner consistent with the Policy Plan and with related development; and
(6) This Development Agreement will promote the goals and objectives of the Land Use Element of the Rich Haven Specific Plan for which an Environmental Impact Report (State Clearinghouse No. 2022100425), which was certified by the City Council on June 20, 2023, was prepared; and
(7) This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.

SECTION 6: 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 Development Agreement (File No. PDA23-002), attached hereto as "Attachment A," and incorporated herein by this reference.

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

SECTION 8: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario. 1392
SECTION 9: 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 10: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 11: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
1393

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 ___________, 2023 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
1394
ATTACHMENT A:

FILE NO. PDA 23-002

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
IV3 Loma Creek Logistics Center, LLC
a Delaware limited liability company
(Development Agreement to follow this page)
1395
-1-

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
Exempt from Fees Per Gov. Code § 6103
______________________________________________________________________ Space above this line for Recorder’s Use Only
FILE NO. PDA23-002

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation,
and
IV3 Loma Creek Logistics Center, LLC
a Delaware limited liability company
_________________, 2023
San Bernardino County, California
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DEVELOPMENT AGREEMENT PDA23-002
This Development Agreement (hereinafter “Agreement”) is entered into effective as of the ____ day of ____________, 2023 by and among the City of Ontario, a California municipal corporation (hereinafter “CITY”), ”), and IV3 Loma Creek Logistics Center LLC, a Delaware limited liability company (hereinafter “OWNER”):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code and Section

4.01.015 of the Ontario Development Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement in that Rich Haven Specific Plan (State Clearinghouse No. 2006051081 (the “FEIR”). The City Council found and determined that the FEIR was prepared in accordance with the requirements of the California Environmental Quality Act and adequately describes the impacts of the project described in the FEIR, which included consideration of this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and the Rich Haven Specific Plan; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
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-2-
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

WHEREAS, the Property is located in an area of the City of Ontario that has been known as the “New Model Colony” area and the New Model Colony area has now been renamed as “Ontario Ranch.

WHEREAS, Owner’s Property is within the boundaries defined in Exhibit A of the Construction Agreement between the CITY and NMC Builders and the Property covered by this Agreement is what is known as a “Phase 2 Water Property” as such, shall be required to provide funding for CITY’s future construction of the “Phase 2 Water Improvements” which will result in the availability of additional Net MDD Water Availability required for the development as shown on Exhibit “I-1”.

WHEREAS, the property developer/owner is made aware of the South Archibald Trichloroethylene (TCE) Plume “Disclosure Letter” (Exhibit “J”). Property owner may wish to provide the attached Letter as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq. This may include notifications in the Covenants, Conditions and Restrictions (CC&Rs) or other documents related to property transfer and disclosures. Additional information on the plume is available from the Santa Ana Regional Water Quality Control Board
at http://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T10000004658.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Ontario, California, a California municipal corporation.
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1.1.3 “Construction Agreement” means that certain Agreement for the Financing and Construction of Phases I and II Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony, entered into between the CITY and NMC Builders as of the 4th day of October, 2005, and all future amendments thereto and including the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony entered into between the CITY and NMC Builders as of the 21st day of August, 2012 and the Amendment to the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve and Easterly Portion of the New Model Colony entered into between the CITY and NMC Builders as of the 19th day of September 2017.

1.1.4 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of public infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.5 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) development plan review.

1.1.6 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7 “Development Impact Fee” means a monetary exaction, other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and, for purposes of this Agreement only, includes fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4. For purposes of this Agreement only, "Development Impact Fee" shall not include processing fees and charges imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring 1399
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compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superseded, including by amendment or replacement.

1.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9 “Effective Date” means the date that the ordinance approving this Agreement goes into effect.

1.1.10 “Existing Development Approvals” means all Development Approvals approved or issued on or prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public record on the Effective Date.

1.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the date of the first reading of the Ordinance adopting and approving this Agreement.

Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “D” and all other Land Use Regulations that are in effect and a matter of public record on such date.

1.1.12 “General Plan” means the The Ontario Plan adopted on August 16, 2022.

1.1.13 “Improvement” or “Improvements” means those public improvements required to support the development of the Project as described in the Parcel Map conditions for Parcel Map No. 16568 as further described in Exhibit “F” (“Depiction of required Infrastructure Improvement”).

1.1.14 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
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(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of similar rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.15 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.16 “Net MDD” means net maximum daily water demand.

1.1.17 “NMC Builders” means the consortium of investors and developers responsible for the construction of infrastructure within the New Model Colony incorporated as NMC Builders, LLC.

1.1.18 “OWNER” means the persons and entities listed as owner on page 1 of this Agreement and their permitted successors in interest to all or any part of the Property.

1.1.19 “Phase 2 Water EDUs” means the number of equivalent dwelling units or non-residential square footage assigned to OWNER upon payment to City of the Phase 2 Water Participation Fee for the Project and evidenced by the issuance by CITY of a Certificate of Phase 2 Net MDD Availability in the form attached as Exhibit G.

1.1.20 “Phase 2 Water Improvements” means the future water infrastructure Improvements required for the issuance by CITY of the “Water Availability Equivalents” (WAE) for the Project.

1.1.21 “Phase 2 Water Participation Fee” means the fee paid to City upon City approval of the first Development Entitlement for the Project, to fund the Property’s respective share of the projected costs of the design and construction of the Phase 2 Water Improvements by City. The Phase 2 Water Participation Fee shall be the calculated amount of the Regional Water DIF for the Project based upon the number of units, and land use category for residential units or the number of square feet, and land use category for non-residential square footage of the Project.

1.1.22 “Project” means the development of the Property contemplated by the Development Plan, as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.23 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.
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1.1.24 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

1.1.25 “Amendment to the Construction Agreement” means the amendment to the Construction Agreement modifying the boundaries of the property in Exhibit A of such Construction Agreement to include the Property covered by this Agreement and to provide for the additional funds required for CITY’s future construction of the “Phase 2 Water Improvements” described in a modification to Exhibit C-3 of the Construction Agreement.

1.1.26 “Specific Plan” means that certain specific plan adopted by the City Council, and entitled, “Rich Haven Specific Plan.”

1.1.27 “Subsequent Development Approvals” means all discretionary Development Approvals required subsequent to the Effective Date in connection with development of the Property.

1.1.28 “Subsequent Land Use Regulations” means any discretionary Land Use Regulations adopted and effective after the Effective Date of this Agreement.

1.1.29 “Water Availability Equivalent (WAE)” means a designated portion of the total Net MDD made available through the construction of each Phase described in the Water Phasing Plan of the Construction Agreement. The number of Water Availability Equivalents (of portions thereof) required for the approval of a Tract or Subdivision Map _______ shall be based upon water demand factors and assumptions listed in the Construction Agreement and shown in Exhibit “I-2”.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” — Legal Description of the Property.

Exhibit “B” — Map showing Property and its location.

Exhibit “C” — Existing Development Approvals.

Exhibit “D” — Existing Land Use Regulations.

Exhibit “E” — Description of Required Infrastructure Improvements Exhibit “F” — Depiction of required Infrastructure Improvement Exhibit “G” – Form of Certificate of Net MDD to be issued by CITY Exhibit “H” – Form of Certificate of DIF Credit to be issued by CITY Exhibit “I-1” – Ontario Ranch Water Supply Phasing Plan 1402
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Exhibit “I-2” – Water Demand Equivalents by Land Use
Exhibit “J” - Form of Disclosure letter

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

2.1 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof, or has the right to acquire fee simple title to the Property or a portion thereof from the current owner(s) thereof. To the extent OWNER does not own fee simple title to the Property, OWNER shall obtain written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.

2.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. The term of this Agreement may be extended for an additional five (5) years following expiration of the initial ten (10) year term, provided the following have occurred:
(a) OWNER provides at least 180 days written notice to CITY prior to expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.

2.3 Assignment.

2.3.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, limited liability company, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement with respect to the portion of the Property sold and be made in strict compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. OWNER may be required to provide disclosure that the Property is within the South Archibald Trichloroethylene (TCE) Plume (Exhibit “J”). OWNER may wish to provide the attached Disclosure Letter (Exhibit I) as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY’s City Manager, in writing, of such 1403
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sale, transfer or assignment and shall provide CITY with: (1) an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the portion of the Property so sold, transferred or assigned. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4.

2.3.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the portion of the Property sold, transferred or assigned.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed an agreement as required under Paragraph (b) of Subsection 2.4.1 above. . (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER (if any) to secure performance of its obligations hereunder which are to be performed upon portion of the Property sold, transferred or assigned .

2.3.3 Effect of Assignment and Release of Obligations. In the event of a sale, transfer or assignment pursuant to the provisions of Section 2.4.2 above:
(a) The assignee shall be liable for the performance of all obligations of OWNER with respect to transferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred (the “Retained Property”). (b) The owner of the Retained Property shall be liable for the performance of all obligations of OWNER with respect to Retained Property, but shall have no further obligations with respect to the transferred property.
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(c) The assignee’s exercise, use and enjoyment of the Property or portion thereof shall be subject to the terms of this Agreement to the same extent as if the assignee were the OWNER.

2.3.4 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.

2.3.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any parcel which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user of the parcel. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy has been issued for a building on the parcel, and the fees set forth under Section 4 of this Agreement have been paid.

2.4.6 Partial Assignment and Assumption. CITY and OWNER agree OWNER may partially assign its obligations and rights under this Agreement, and all amendments hereto, to a purchaser, transferee or assignee of a lot, which has been subdivided subject to provisions of a partial assignment and assumption agreement in a form approved by CITY. Any such complete and executed partial assignment and assumption of this Agreement shall be submitted to CITY for approval pursuant to Section 2.4.1 of this Agreement. CITY shall review, and if the above conditions, including but not limited to, those conditions in Section 2.4.2, are satisfied, CITY may approve the partial assignment and release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.6 shall cause, or otherwise affect, a release of OWNER from the duties and obligations under this Agreement that are retained by OWNER and excluded from the transfer or assignment.

2.4 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Section 65868.1. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Either Party or successor in interest, may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided otherwise in this Agreement or in Government Code Section 65865.1. For 1405
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purposes of this section, the term “successor in interest” shall mean any person having a legal or equitable interest in the whole of the Property, or any portion thereof as to which such person wishes to amend or cancel this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance. Notwithstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to the OWNER of its intention to initiate such proceedings at least sixty (60) days in advance of the giving the public notice of intention to consider the amendment or cancellation.

2.5.1 Minor Modification. Upon the written application of OWNER, minor modifications and changes to the Development Plan including modifications to building design or footprint (not affecting minimum setbacks), parking layout and design, and landscape area design may be approved by the Director of the Planning Department without the need to amend this Development Agreement. Other changes in the Development Plan shall be processed pursuant to the City Zoning Ordinance. It is also contemplated by CITY and OWNER that OWNER may, from time to time, seek amendments to one or more of the Development Approvals. Any such amendments are contemplated by CITY and OWNER as being within the scope of this Agreement as long as they are consistent with the Land Use Regulations and shall, upon approval by CITY, continue to constitute the Development Approvals as referenced herein. The parties agree that any such modifications or amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

2.5 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees 1406
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paid pursuant to Section 4.2 of this Agreement by OWNER to CITY on which construction has not yet begun shall be refunded to OWNER by CITY within ten (10) business days.

2.6 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person, including, without limitation, by courier, to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to CITY:

Scott Ochoa, City Manager
City of Ontario
303 East "B" Street
Ontario, CA 91764
If to OWNER:

Adam Schmid
IV3 Loma Creek Logistics Center LLC
c/o Brookfield Properties
2101 Rosecrans Ave, Suite 6250
El Segundo, CA 90245
with a copy to:

Ruben Duran, City Attorney
Best Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761
with a copy to:

Gautam Huded
IV3 Loma Creek Logistics Center LLC
c/o Brookfield Properties
1180 Peachtree Street NE, Suite 1575
Atlanta, Georgia, 30309
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority in Section 3.4, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 1407
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3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority in Section 3.4, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.

City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.

3.3.1 Infrastructure Improvement Exhibit. Attached hereto as Exhibit “F” are a description of the Infrastructure Improvements needed for the development of the Property (“the Infrastructure Improvement Exhibits”).

3.4 Reservations of Authority.

3.4.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals; (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure; (c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the 1408
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Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan and the building codes in effect as of the Effective Date;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the occupants of the Project and/or of the immediate community from a condition perilous to their health or safety; (e) Regulations that do not conflict with those rules, regulations and policies set forth in this Agreement or the Development Plan and which do not impose additional obligations, costs, and expenses on Owner or the Project; (f) Regulations that may conflict but to which the OWNER consents.

3.4.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan and/or the Existing Development Approvals, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan and/or the Existing Development Approvals.

3.4.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).

3.4.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.
(INSERT SPECIFIC INFRASTRUCUTRE IMPROVEMENTS)

3.5 Public Works; Utilities. If OWNER is required by this Agreement or a condition of project approval to construct any public works facilities which will be dedicated to CITY or 1409
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any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. As a condition of development approval, OWNER shall connect the Project to all utilities necessary to provide adequate water, recycled water, sewer, gas, electric, and other utility service to the Project. As a further condition of development approval, OWNER shall to the extent possible contract with the CITY for CITY-owned or operated utilities for this purpose, for such price and on such terms as may be available to similarly situated customers in the CITY.

3.5.1 OWNER agrees that development of the Project shall require the construction of storm drain improvements from the Property as described in Exhibit E and depicted in Exhibit F. OWNER and CITY agree that CITY may issue grading, building permits and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY and OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit and Phase 2 shall be constructed and completed within nine (9) months of OWNER receiving a final occupancy permit for any building on the Property. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion of the storm drain improvements within Phase 1, and City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite storm drain requirements related to issuing a final certificate of occupancy.

3.5.2 OWNER agrees that development of the Project shall require the construction of street improvements as described in Exhibits E and depicted in Exhibit F.

OWNER and CITY agree that CITY may issue grading, building permits and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY. OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit and Phase 2 shall be constructed and completed within nine (9) months of the OWNER receiving a final occupancy permit for any building on the property. For purposes of the foregoing, street improvements shall be deemed Substantially Complete even if the final lift of pavement has not been completed (i.e., Owner may install the final lift after completion of all other construction). CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion and subject to final acceptance by CITY of the street improvements within Phase 1 and City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite street requirements related to issuing a final certificate of occupancy. OWNER agrees that the street improvements shall be completed and subject to final acceptance by the CITY prior to the release of any security for the construction of the street improvements.

3.5.3 OWNER agrees that development of the Property shall require the extension of water and recycled water improvements as described in Exhibit E and depicted Exhibit F. OWNER and CITY agree that CITY may issue grading, building and 1410
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other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY .and OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit and Phase 2 shall be constructed and completed within nine (9) months of the OWNER receiving a final occupancy permit for any building on the property. If Owner is unable to complete Phase 1, Owner will be required to submit a revision to the CITY on how two (2) points of connection will be provided to serve water to the site. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion of Phase 1 water and recycled water. Provided there is sufficient water for fire protection and water quality purposes, City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite water and recycled water requirements related to issuing a final certificate of occupancy.

3.5.4 OWNER agrees that development of the Property shall require the construction of sewer Improvements as described in Exhibit E and depicted in Exhibit F.

3.5.5 OWNER agrees that development of the Property shall require the construction of fiber optic communication improvements, as described in the attached Exhibit E and depicted in Exhibit F. OWNER and CITY agree that CITY may issue grading, building and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY and OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit.

The fiber optic improvements within Phase 2 shall be constructed and completed within nine (9) months of OWNER receiving a final occupancy permit for any building on the property. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to the completion of the fiber optic communication improvements within Phase 1, as described in Exhibit E and depicted in Exhibit F, and City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite requirements related to issuing a final certificate of occupancy.

3.6 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation and the Construction Agreement to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), the CITY and OWNER shall cooperate in acquiring 1411
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the necessary legal interest (“Offsite Property”) in accordance with the procedures set forth in Section 2.4 of the Construction Agreement. This section 3.6 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.6.1 CITY Acquisition of Non-Construction Agreement Offsite Property. In the event OWNER is required to construct any public improvements on land not owned by OWNER, but such requirement is not based upon the Construction Agreement, Sections

3.6.1 and 3.6.2 shall control the acquisition of the necessary property interest(s) (“NonConstruction Agreement Offsite Property”). If the OWNER is unable to acquire such NonConstruction Agreement Offsite Property and following the written request from the OWNER to CITY, CITY agrees to use reasonable and diligent good faith efforts to acquire the Non-Construction Agreement Offsite Property from the owner or owners of record by negotiation to the extent permitted by law and consistent with this Agreement. If CITY is unable to acquire the Non-Construction Agreement Offsite Property by negotiation within thirty (30) days after OWNER’S written request, CITY shall, initiate proceedings utilizing its power of eminent domain to acquire that Non-Construction Agreement Subject Property at a public hearing noticed and conducted in accordance with California Code of Civil Procedure Section 1245.235 for the purpose of considering the adoption of a resolution of necessity concerning the Non-Construction Agreement Offsite Property, subject to the conditions set forth in this Section 3.6.1 The CITY and OWNER acknowledge that the timelines set forth in this Section 3.6.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Non-Construction Agreement Offsite Property. CITY agrees to use reasonable good faith efforts to complete the actions described within lesser time periods, to the extent that it is reasonably able to do so, consistent with the legal constraints imposed upon CITY.

3.6.2 Owner’s Option to Terminate Proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease all acquisition proceedings with respect to that Non-Construction Agreement Offsite Property, whereupon CITY shall cease such proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on CITY’S intent to consider the adoption of a resolution of necessity as to any Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease condemnation proceedings, whereupon CITY shall cease such proceedings. If OWNER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the Non-Construction Agreement Offsite Property resolution of necessity. If CITY adopts such resolution of necessity, then CITY shall diligently institute condemnation proceedings and file a complaint in condemnation and seek an order of immediate possession with respect to the Non-Construction Agreement Offsite Property. 1412
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3.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.

3.8 Tentative Parcel Maps; Extension. With respect to applications by OWNER for tentative parcel maps for portions of the Property, CITY agrees that OWNER may file and process tentative maps in accordance with Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code and the applicable provisions of CITY’s subdivision ordinance, as the same may be amended from time to time. In accordance with the provisions of Section 66452.6 of the Government Code, each tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be deemed to have been granted an extension of time to and until the date that is five (5) years following the Effective Date of this Agreement. The CITY’s City Council may, in its discretion, extend any such map for an additional period of up to five (5) years beyond its original term, so long as the subdivider files a written request for an extension with the City prior to the expiration of the initial five (5) year term.

4. PUBLIC BENEFITS.

4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Development Impact Fees.

4.2.1 Amount of Development Impact Fee. Development Impact Fees (DIF) shall be paid by OWNER. The Development Impact Fee amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new Development Impact Fees or amend the amounts of existing Development Impact Fees. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, Development Impact Fees established or imposed by such other public agencies, even though such Development Impact Fees may be collected by CITY.

4.2.2 Time of Payment. The Development Impact Fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permit for each applicable building (subject to the application/use of available fee deferrals or credits), 1413
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except for the Open Space and Habitat Acquisition Development Impact fee, which shall be paid by OWNER to CITY prior to the issuance of a grading permit

4.3 Responsibility for Construction of Public Improvements.

4.3.1 Timely Construction of Public Infrastructure. The phasing of the area wide infrastructure construction within the Ontario Ranch area shall be as approved by the CITY. OWNER shall be responsible for the timely construction and completion of all public infrastructure required for the Project as shown on the attached Exhibit “F” and any and all parcel map conditions. Unless otherwise specified in the Parcel Map conditions, and subject to the provisions of Section 3.5 and 3.6, all other required Improvements for each Parcel Map, shall be completed and operational prior to, and as a condition precedent to, OWNER requesting and CITY’s granting of a final occupancy permit for any buildings to be constructed on the Property. All Infrastructure and Improvements shall be completed as required by the Subdivision Agreement/Parcel Map conditions for Parcel Map No. 16568.

4.3.2 Availability and Use of Recycled Water. OWNER agrees that recycled water shall be available and utilized by OWNER for all construction-related water uses including prior to, and during, any grading of the Property.

4.3.3. Construction of DIF Program Infrastructure. To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program CITY agrees that CITY shall issue DIF Credit and DIF Reimbursement in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER. Limitations on the use of DIF Credit issued to OWNER to offset OWNER’s DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. OWNER may also be eligible to receive reimbursement from DIF collected by CITY and paid by other development that benefits from OWNER’s construction of DIF Program Infrastructure.

Any such DIF Reimbursement shall be subject to a Fee Credit Agreement between CITY and OWNER. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY’s adopted policies applicable to such agreements.

4.4 Public Services Funding Fee.

4.4.1 Requirement for Payment of Public Services Funding Fee.In order to ensure that the adequate provision of public services, including without limitation, police, fire and other public safety services, are available to each Project in a timely manner, OWNER shall pay to CITY a “Public Services Funding Fee.” The Public Services Funding Fee shall apply to residential and non-residential uses as set forth below.

4.4.2 Public Services Funding Fee Amount. OWNER shall pay a Public Services Funding fee in a single installment payment in the amount of Seventy-Five Cents ($.75) per square foot of each non-residential building. The single installment for nonresidential uses shall be due and payable on a building-by-building basis prior to the issuance of the building permit for a non-residential building. The amount of the Single 1414
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Installment for non-residential uses shall automatically increase by percentage increase (but no decrease) in the Consumer Price Index (Riverside-San Bernardino-Ontario, CA), (December 2017=100) over the preceding year on January 1st of each year, beginning on January 1, 2024. OWNER may exercise the option to pay any single installment amounts for the remainder of the non-residential square footage within the Project on or before December 31st, before the Single Installment amount is automatically increased.

4.5 Net MDD/Water Availability Equivalents.

4.5.1 Effectiveness of Agreement. Notwithstanding anything else set forth in this Agreement, CITY and OWNER each acknowledge, confirm, and agree, that (i) the City approval of this Agreement and (ii) the effectiveness of this Agreement, in each case, is conditioned upon OWNER’s admission to NMC Builders as a “Member” thereof pursuant to the terms and conditions of the operating agreement of NMC Builders. OWNER and CITY agree that OWNER shall become a Member of NMC Builders within 30 days of the effective date of this Agreement.

4.5.2 Assigned Net MDD/Water Availability Equivalents. OWNER acknowledges that the City has agreed with NMC Builders to reserve exclusively for Members of NMC Builders, including OWNER, Net MDD made available through the construction of water system improvements funded by NMC Builders and/or OWNER. OWNER acknowledges that the provisions of the Construction Agreement Amendment require that the City shall not issue building permits or certificates of occupancy for the area of development within the New Model Colony served by the water system improvements funded by NMC Builders, except to the bearer of a Certificate of Net MDD Water Availability.

4.5.3 Requirement for NMC Builders LLC Membership as a Phase 2 Water Member. OWNER and CITY agree that OWNER’s’ payment to CITY required by Section

4.5.3 below represents OWNER’s contribution to the funding required for the future construction of the Phase 2 Water Improvements and the availability of additional Net MDD Water Availability required for the development of the Property described in Exhibit A of this Agreement.

4.5.4 CITY issuance of Water Availability Equivalents. Within 30 days after the effectiveness of this Development Agreement OWNER shall pay or have paid to City the applicable Phase 2 Water Participation Fee. The Phase 2 Water Participation Fee shall be the calculated based on the amount of the Regional Water DIF for the applicable land use category and the square footage of the applicable buildings. The calculated amount of the Phase 2 Water Participation Fee shall be paid to City within 30 days after the effective date of this Agreement or, at OWNER’s option, the Phase 2 Water Participation Fee may be paid to City in two (2) installments. The first installment shall be fifty percent (50%) of the total Phase 2 Water Participation Fee and such first installment shall be due and payable to City within 30 days after the effective date of this Development Agreement.

The second installment shall be the remaining amount of the Phase 2 Water Participation Fee and such second installment shall be due and payable to City within one (1) year after the payment of the first installment, or prior to, and as a condition precedent to, the recording of any final Parcel Map for the Project, whichever occurs first. Upon OWNER’s 1415
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complete payment to CITY of the Phase 2 Water Participation Fee CITY shall issue a Certificate of Water Availability Equivalents in the form attached hereto as Exhibit G.

Such Water Availability Equivalents Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment. CITY and OWNER agree that the amount of Water Availability Equivalents issued to OWNER shall be based on the maximum projected need for Water Availability Equivalents required for the Property based upon water demand factors and assumptions listed in Exhibit C-2R of the Phase 2 Water Amendment to the Construction Agreement “Water Demand Equivalents by Land Use” for each land use category. Additionally, within five (5) business days of CITY’s receipt of OWNER’s payment as required under this Section 4.5.2, CITY shall issue a certificate of DIF Credit against OWNER’s DIF obligations in the Regional Water DIF Category.

4.5.5 Requirement for other Water System Improvements. A Certificate of Net MDD Availability is evidence only of available water capacity and does not satisfy any other conditions applicable to OWNER’s Project, including those relating to design and construction of master-planned potable water and recycled water transmission and distribution system for the respective pressure zone and other public infrastructure requirements.

4.6 Requirement for other Water System Improvements. A Certificate of Net MDD Availability is evidence only of available water capacity and does not satisfy any other conditions applicable to OWNER’s Project, including those relating to design and construction of master-planned potable water and recycled water transmission and distribution system for the respective pressure zone and other public infrastructure requirements.

4.7 Compliance with Public Benefits Requirements.

4.7.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.6, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 8 hereof, thereby entitling the City to any and all remedies available to it, including, without limitation, the right of the City to withhold OWNER’s Project-related building permits, certificates of occupancy, or discretionary approvals, without liability. Nothing herein shall waive Owner’s right to assert a default (or failure to perform) by the City has excused Owner’s performance under this Agreement.

5. FINANCING OF PUBLIC IMPROVEMENTS.

Financing Mechanism(s). In accordance with the Memorandum of Agreement between the CITY and NMC Builders, CITY will cooperate with OWNER in the formation of a CFD, or CFDs, to include all of the Project, to provide a financing mechanism to reimburse the OWNER for funds paid to NMC Builders LLC for OWNER’s share of the costs of public infrastructure pursuant to the Construction Agreement and to acquire other public facilities constructed by OWNER subject to the provisions of the Memorandum of Agreement between CITY and NMC Builders LLC. Notwithstanding 1416
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such reimbursements and acquisitions, OWNER shall remain entitled to DIF Credits as provided for in Article 3 of the Construction Agreement and/or as provided for in a separate Fee Credit Agreement between CITY and OWNER. OWNER agrees that, prior to the recordation of any Map for the Property or request for the first building permit, the Property shall be included in a CFD to finance City services through annual special taxes that will initially be $1,443.71 per Single Family Detached Dwelling Unit, $1,251.15 per Multiple-Family Dwelling Unit, $1,048.96 per Gated Apartment Community Dwelling Unit, and $.27 per square foot for Non-Residential buildings.

These amounts shall be subject to an automatic increase at a rate not to exceed four (4%) percent per year, unless otherwise modified by the CITY. CITY shall be the sole and exclusive lead agency in the formation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment district, or financing mechanism may be used, subject to restrictions that may be imposed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without limitation those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.1 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Written evidence by such school district(s) may be required by the CITY as the condition to the formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, without limitation, the adoption of any resolution of intention to form such CFD, assessment district or other public financing mechanism within the Property. It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit the City’s ability to take any and all necessary steps requisite to the formation of the CFD to finance City services through annual special taxes as set forth in this Section 5.1.

Formation of any CFD, assessment district or other public financing mechanism within the Property, shall be subject to CITY’s ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY’s public financing district policies as such policies may be amended from time to time. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic and Special Reviews.

6.1.1 Time for and Initiation of Periodic Review. The CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by the OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form acceptable to the City Manager, along with any applicable processing charge within ten (10) days after each anniversary date of the Effective Date of this Agreement. Within fifteen (15) days after the receipt of the Annual Monitoring Report, CITY shall review the Annual Monitoring 1417
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Report. Prior to the expiration of the fifteen (15) day review period, CITY shall either issue a notice of continuing compliance or a notice of non-compliance and a notice of CITY’s intent to conduct a Special Review pursuant to Sections 6.1.2 through 6.1.6. Issuance of a notice of continuing compliance may be issued by the City Manager or his designee.

6.1.2 Initiation of Special Review. A special review may be called either by agreement between the parties or by initiation in one or more of the following ways:
(a) Recommendation of the Planning staff;
(b) Affirmative vote of at least four (4) members of the Planning Commission; or (c) Affirmative vote of at least three (3) members of the City Council.

6.1.3 Notice of Special Review. The City Manager shall begin the special review proceeding by giving notice that the CITY intends to undertake a special review of this Agreement to the OWNER. Such notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission.

6.1.4 Public Hearing. The Planning Commission shall conduct a hearing at which the OWNER must demonstrate good faith compliance with the terms of this Agreement.

The burden of proof on this issue is upon the OWNER.

6.1.5 Findings Upon Public Hearing. The Planning Commission shall determine upon the basis of substantial evidence whether or not the OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement.

6.1.6 Procedure Upon Findings.
(a) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded. (b) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has not complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement. (c) The OWNER may appeal a determination pursuant to paragraph (b) to the City Council in accordance with the CITY's rule for consideration of appeals in zoning matters generally.

6.2 Proceedings Upon Modification or Termination. If, upon a finding under Section

6.1.6(b), the CITY determines to proceed with modification or termination of this Agreement, the CITY shall give notice to the property OWNER of its intention so to do.

The notice shall contain:
(a) The time and place of the hearing;
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(b) A statement as to whether or not the CITY proposes to terminate or to modify this Agreement; and
(c) Other information that the CITY considers necessary to inform the OWNER of the nature of the proceeding.

6.3 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard.

The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER.

If the City Council finds, based upon substantial evidence in the administrative record, that the OWNER has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate this Agreement or modify this Agreement and impose those conditions to the action it takes as it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

6.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

7. [OMITTED]

8. DEFAULT AND REMEDIES.

8.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
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(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 8.1 above.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.

8.3 Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

8.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.3 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default 1420
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within such 60 day period and to diligently proceed to complete such actions and cure such default.

8.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

9. THIRD PARTY LITIGATION.

9.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan exists as of the Effective Date (“General Plan”), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

9.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

9.3 Indemnity. In addition to the provisions of 9.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, to the extent relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent 1421
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contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

9.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, to the extent based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property during OWNER’S period of ownership of the Property, including, but not limited to, soil and groundwater conditions caused by OWNER, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

9.5 Reservation of Rights. With respect to Sections 9.2, 9.3 and 9.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.

9.6 Survival. The provisions of this Sections 9.1 through 9.6, inclusive, shall survive the termination of this Agreement.

10. MORTGAGEE PROTECTION.

10.1 Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification 1422
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from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement (e) In the event of a default by Owner, any Mortgagee shall have the right to remedy, or cause to be remedied, such default within sixty (60) days following the later to occur of (i) the date of Mortgagee's receipt of the notice referred to in Section 10.1(b) above, or (ii) the expiration of the period provided herein for Owner to remedy or cure such default, and City shall accept such performance by or at the insistence of the Mortgagee as if the same had been timely made by Owner; provided, however, that (i) if such default is not capable of being cured within the timeframes set forth in this Section and Mortgagee commences to cure the default within such timeframes, then Mortgagee shall have such additional time as is required to cure the default so long as Mortgagee diligently prosecutes the cure to completion and (ii) if possession of the Property (or portion thereof) is required to effectuate such cure or remedy, the Mortgagee shall be deemed to have timely cured or remedied if it commences the proceedings necessary to obtain possession thereof within sixty (60) days after receipt of the copy of the notice, diligently pursues such proceedings to completion, and, after obtaining possession, diligently completes such cure or remedy.

11. MISCELLANEOUS PROVISIONS.

11.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the ten (10) days after the CITY executes this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good 1423
-28-
faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.

11.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

11.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

11.6 Singular and Plural. As used herein, the singular of any word includes the plural.

11.7 Joint and Several Obligations. Subject to Section 2.4, if at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.

11.8 Time of Essence. Time is of the essence in the performance of .the provisions of this Agreement as to which time is an element.

11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right 1424
-29-
to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

11.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

11.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

11.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

11.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and 1425
-30-
OWNER is that of a government entity regulating the development of private property and the owner of such property.

11.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate his powers and duties under this Agreement to an Assistant City Manager or other management level employee of the CITY.

11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

11.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

11.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates requested by Owner under this Section 11.20 prior to CITY’s issuance of such certificates.
1426
-31-

11.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.

11.22 Prevailing Wage. OWNER, for itself, its successors, and assigns, agrees, covenants, and warrants that the development of the Property, if any, shall comply with all applicable federal and state labor laws (including, without limitation, the requirement under California law to pay prevailing wages and hire apprentices), and all obligations as set forth herein.

11.22.1 CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq.

11.22.2 OWNER acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations with respect to the payment of prevailing wages and complying therewith. OWNER shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

11.22.3 The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Property by OWNER, its successors or assigns. OWNER shall be solely responsible for determining and effectuating compliance with such laws.

11.22.4 OWNER, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND ASSIGNS,

WAIVES AND RELEASES CITY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO OWNER PURSUANT TO LABOR CODE SECTION 1781 OR THE DAVIS BACON ACT. RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 11.22, OWNER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES

NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

INITIALS. BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
_______________
(Owner's Initials)
1427
-32-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
1428
-33-

SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT PDA23-002
“OWNER”
____________________
a ____________________ company

By: ________________________
Name:

Its: ______________________
Date: ___________________
“CITY”

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
Date: ___________________
ATTEST:

City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST KRIEGER, LLP
City Attorney
1429

ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
COUNTY OF _______________________ )
On _________________, 20_____, before me,______________________________________, Date Insert Name and Title of the Officer
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1430
A-1

ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
COUNTY OF _______________________ )
On _________________, 20_____, before
me,______________________________________,
Date Insert Name and Title of the Officer
personally appeared
___________________________________________________________ Name(s) of Signer(s)
______________________________________________________________________ ______, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY
under the laws of the State of California that
the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

TO DEVELOPMENT AGREEMENT
Legal Description of Property

REAL PROPERTY IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA 22-004 EVIDENCED BY DOCUMENT RECORDED NOVEMBER 17, 2022 AS INSTRUMENT NO. 2022-0376852 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 16568, AS PER MAP FILED IN PAGES 24 AND 25 IN PARCEL MAP BOOK NO. 204, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN BERNARDINO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2, THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 89°37’37” WEST, A DISTANCE OF 1084.15 FEET TO A POINT 355.00 FEET EAST, MEASURED ALONG SAID SOUTHERLY LINE, FROM THE NORTHWEST CORNER OF LOT 6 OF TRACT MAP NO. 20134, AS PER MAP FILED IN BOOK 357, PAGES 23 THROUGH 33, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

THENCE NORTH 00°11'36" WEST, A DISTANCE OF 20.60 FEET, TO THE BEGINNING OF A TANGENT 1385.00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°13’59", A LENGTH OF 78.15 FEET; THENCE NORTH 03°25'35" WEST, A DISTANCE OF 99.85 FEET TO THE BEGINNING OF A TANGENT 615.00 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°14’00”, A LENGTH OF 34.71 FEET; THENCE NORTH 00°11’35" WEST A DISTANCE OF 761.32 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°58'40" EAST A DISTANCE OF 715.61 FEET TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE NORTH 330 FEET OF THE SOUTHWEST QUARTER OF SECTION 12;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89°54'10" EAST A DISTANCE OF 379.75 FEET TO THE EASTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00°03'17" EAST A DISTANCE OF 986.95 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2 AND THE POINT OF BEGINNING.

APN: Portion of 0218-161-14-0-000
1432
B-1
EXHIBIT "B"

TO DEVELOPMENT AGREEMENT
Map showing Property and its location
1433
D-1
EXHIBIT "C"

TO DEVELOPMENT AGREEMENT
Existing Development Approvals
On October 23, 2007 the Planning Commission:
a) Issued Resolution No. PC07-125 recommending City Council certification of the Rich-Haven Specific Plan EIR (SCH#2006051081).
b) Issued Resolution No. PC07-127 recommending to City Council approval of the Rich-Haven Specific Plan (File No. PSP05-004).

On December 4, 2007, the City Council:
a) Issued Resolution No. 2007-145 certifying the Rich-Haven Specific Plan EIR (SCH#2006051081).
b) Adopted Ordinance No. 2884 approving the Rich-Haven Specific Plan.

On February 23, 2016, the Planning Commission:
a) Issued Resolution No. PC16-003 recommending City Council adoption of an Addendum to the Rich-Haven EIR.
b) Issued Resolution PC16-004 recommending approval of the Rich-Haven Specific Plan Amendment (File No. PSPA16-001).

On March 15, 2016, the City Council:
a) Issued Resolution No. 2016-024 for the adoption of an Addendum (File No. PSPA16-001) to the Rich-Haven Specific Plan EIR.
b) Issued Resolution No. 2016-025 approving an Amendment (File No.

PSPA16-001) to the Rich-Haven Specific Plan.

On January 23, 2018, the Planning Commission:
a) Issued Resolution No. PC18-014 recommending City Council adoption of an Addendum to the Rich-haven EIR.
b) Issued Resolution No. PC18-015 recommending to City Council adoption of the Rich-Haven Specific Plan Amendment (File No. PSPA16-005).

On February 20, 2018, the City Council:
a) Issued Resolution No. 2018-017 for the adoption of an Addendum (File No. PSPA16-005) to the Rich-Haven Specific Plan EIR.
b) Issued Resolution No. 2018-018 approving an Amendment (File No.

PSPA16-005) to the Rich-Haven Specific Plan.
1434
D-1
EXHIBIT "D"

TO DEVELOPMENT AGREEMENT
Existing Land Use Regulations
These documents are listed for reference only:

1. The Rich-Haven Specific Plan (File No. PSP05-004) Environmental Impact Report, Resolution No. 2007-145.

2. The Rich-Haven Specific Plan (File No. PSP05-004), Ordinance No. 2884.

3. Addendum to the Rich-Haven Specific Plan (File No. PSPA16-001) Environmental Impact Report, Resolution No. 2016-024.

4. Amendment to the Rich-Haven Specific Plan (File No. PSPA16-001), Resolution No. 2016-025.

5. Addendum to the Rich-Haven Specific Plan (File No. PSPA16-005) Environmental Impact Report, Resolution No. 2018-017.

6. Amendment to the Rich-Haven Specific Plan (File No. PSPA16-005), Resolution No. 2018-018.

7. City of Ontario Municipal Code
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks & Recreation
1435
1436
E-1
EXHIBIT "E"

TO DEVELOPMENT AGREEMENT
Description of Required Infrastructure Improvements
OWNER shall design, construct, and complete the following Street, Sewer, Storm Drain, Potable Water, Recycled Water, and Fiber Optic improvements, prior to OWNER’s request for any final certificate of occupancy permit for any building within the Property.

PHASE 1
Street (ST) Improvements
a) ST improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.
b) Signalized intersection improvements at Mill Creek Avenue and Ontario Ranch Road.

Storm Drain (SD) Improvements
a) SD improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.

Potable Water (PW) Improvements
a) PW improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.

Recycled Water (RW) Improvements
a) RW improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.

Fiber Optic (FO) Improvements
a) FO improvements on Mill Creek Avenue, from Chino Avenue to the project’s southerly property line.
1437
E-1
PHASE 2
Street (ST) Improvements
c) ST improvements on Chino Avenue, from Haven Avenue to Mill Creek Avenue.
d) Signalized intersection improvements at Chino Avenue and Haven Avenue.

Storm Drain (SD) Improvements
b) SD improvements on Chino Avenue, from Haven Avenue to Mill Creek Avenue.

Recycled Water (RW) Improvements
b) RW improvements on Chino Avenue, from Haven Avenue to Mill Creek Avenue.

Sewer (SW) Improvements
a) SW improvements on Chino Avenue from Twinkle Avenue to Haven Avenue.
b) SW improvements on Chino Avenue from the point of connection required for the northerly development to Mill Creek Avenue.

Fiber Optic (FO) Improvements
a) FO improvements on Chino Avenue at Twinkle Avenue
1438
G-1
EXHIBIT “F”

TO DEVELOPMENT AGREEMENT
Required Infrastructure Improvements

(SEE ATTACHED EXHIBITS)
1439
G
-1
1440
G
-1
1441
G-1
EXHIBIT "G"

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF NET MDD AVAILABILITY
Pursuant to Section ___ of this Agreement between the City of Ontario, a California municipal corporation, and ________________, a __________________ company, hereinafter called "OWNER", the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called "Agreement", the City of Ontario hereby certifies based on CITY receipt of payment of OWNER’s share of the funding for the Phase 2 Water Improvements, that OWNER is entitled to the following Net MDD Water Availability.

Amount of Net MDD _________________________ gpm
________________________________________
Scott Ochoa, City Manager
Dated:_________________________________
1442
J
EXHIBIT “H”

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF REGIONAL DIF CREDIT
Pursuant to Section 4.5.2 of this Agreement by and between the City of Ontario and ____________________, dated _______________, 201_, the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called the “Development Agreement’, the City of Ontario hereby certifies that OWNER is entitled to the following amount and nature of DIF Credits in the Regional Water DIF Infrastructure Category:

Amount of Credit: $
Scott Ochoa, City Manager
Dated:
1443
J
EXHIBIT“I-1”

TO DEVELOPMENT AGREEMENT

ONTARIO RANCH

WATER SUPPLY PHASING PLAN
Phase Water
Availability
Equivalency
Estimated
Net MDD Available1
Phase 2 A
Supply & Storage

1. 1 - Additional Ground Water Well and Collection lines - Design and Construction
8,250 gpm2 7,750 gpm2
Pipelines (Transmission & Distribution)2

2. 925 Zone Transmission lines – Design and Construction

3. Temporary Pressure Reducing Station3 – Design and
Construction
Phase 2B
Supply & Storage

4. 1 – Additional Ground Water Well and Collection lines – Design and Construction

5. 1 – 6 million gallon Reservoir – 925 Zone – Design and Construction
10,500 gpm2 9,860 gpm2
(1) Upon Completion of the construction of all of the improvements described for each Phase a Certificate of Net MDD Availability shall be issued to Developer for the corresponding amount of Net MDD. Net MDD means the maximum daily demand on the potable water supply, net of the water requirements for public schools and parks. The Water Availability Equivalency includes the estimated requirements for public schools and parks. The amount of Net MDD specified is the cumulative amount for which building permits may be issued upon funding of the corresponding and all preceding Phases of improvements.
(2) The ability of a particular development to utilize Net MDD assigned to it by the Developer will require the completion of design and construction of Master-planned potable and recycled water transmission and distribution pipelines for the respective pressure zone. Other factors may include its location, the particular land use and Water Availability Equivalents assigned to it as specified in Exhibit C-2.
(3) Pressure reducing stations are a component of the pipeline transmission and distribution system.
1444
J
EXHIBIT “I-2”
317129390.1
Available Water Supply - See Exhibit C-1R for Net MDD Available Table A - Water Demand Equivalents By Land Use
Water
Demand
Equivalents
(WDE)2
Recycled
Water
Demand
Factor1
(ADD)
Recycled
Water
Demand Of
Total Water
Demand
(gpd/du) (gpd/ac) (gpm/unit) (gpd/ac) (%)
Detached Dwellings (less than 5 units per acre) 544 0.57 900 28% Detached or Attached Dwellings (between 5 and 11 units per acre) 464 0.48 1,000 21% Attached Dwellings (between 11 and 25 units per acre) 323 0.34 1,500 18% High Density Dwellings (25+ units per acre) 152 0.16 1,500 27% Commercial Lodging 150 0.16 1,700 50%
Retail/Services Uses 2,200 2.29 2,300 51%
Office Uses 3,400 3.54 2,300 40%
Business Park Uses 2,200 2.29 2,200 50%
Industrial Uses 2,000 2.08 2,200 52%
Institutional Use 2,200 2.29 1,600 42%
Parks 1,000 1.04 1,400 58%
Schools 3,500 3.65 1,600 31%
Table B - Example Water Supply Calculation
Land Use Residential
Units
WDE Factor
(gpm)
Potable
MDD
(gpm)
Development
Detached Dwellings (less than 5 units per acre) 5,061 0.57 2,868 Detached or Attached Dw ellings (betw een 5 and 11 units per acre) 2,530 0.48 1,223 Attached Dwellings (between 11 and 25 units per acre) 3,410 0.34 1,147 Retail/Services Uses (per acre)2 2.29 239
TOTAL 11,001 5,477
Three (3) Wells Are required to Support this example, assuming each w ell produces 2,000 gpm and connection to the Recycled Water System maximizing Recycled Water Use. 1 Residential Acres are estimated based on the w eighted average derived from the average number of units per land use category. 2 Commercial acreage is calculated from a total square footage of 1,361,000 SF w ith an average Floor to Area Ratio (FAR) of 0.30 for commercial services in The Ontario Plan. 1Recycled Water Demands include irrigation for right-of-w ay (medians and parkw ays), neighborhood edge, pocket parks, and common areas.

The Ontario Plan Potable Water Recycled Water
Land Use
1,428
166
194 202
1,950
1,284
Acres1
(gross)
104
369
803
Recycled
Water ADD
(gpm)
Water Demand Factor
(ADD)
256
2 The WDE is based on the Maximum Day Demand (MDD) w ith a peaking factor of 1.5 in the NMC for all land use categories. 1445
J
Exhibit “JI”

FORM OF PLUME DISCLOSURE LETTER
1446
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Kimberly Ruddins, Henry
Noh, Rudy Zeledon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 24
SUBJECT: A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA23-003) REVISING AND CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE AND A ZONE CHANGE (FILE NO. PZC23-002)

TO MODIFY THE ZONING MAP

CITY OF ONTARIO
Agenda Report
December 19, 2023
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of:

A. An Ordinance approving File No. PDCA23-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 3.0 (Nonconforming Lots, Land Uses, Structures, and Signs), 4.0 (Permits, Actions, and Decisions),

5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code; and B. An Ordinance approving File No. PZC23-002, a Zone Change to modify the Zoning Map to remove the EA (Euclid Avenue) Overlay south of Philadelphia Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is no direct fiscal impact to the City associated with this action.

BACKGROUND & ANALYSIS: Staff has initiated several modifications to the City's Development Code and Official Zoning Map to correct and clarify existing provisions and establish consistency with The Ontario Plan (TOP) 2050 as follows:

DEVELOPMENT CODE AMENDMENT: The proposed Development Code Amendment is comprised of certain clarifications and revisions to the City of Ontario Development Code, generally described 1447
as follows:

Revise Specific Plan and Amendment requirements
Revise Division 2.02 (Application Filing and Processing), Table 2.02-1 (Review Matrix); A.

Legislative Actions, Item No. 6 (Specific Plans and Amendments) and B. Discretionary Permits and Actions, Item No. 12. (Specific Plan Minor Adjustments/Alterations) to add Note No. 12 to read "Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions)"; Revise Division 4.01 (Legislative Actions), Section 4.01.035 (Specific Plans and Amendments) to add clarifying language ; and
Revise Division 4.02 (Discretionary Permits and Actions), Section 4.02.080 (Specific Plan Minor Amendments/Alterations) to add clarifying language.

Revise Wireless Telecommunications Facility requirements for Tier 3 facilities Revise Division 2.02 (Application Filing and Processing), Table 2.02-1 (Review Matrix), B.

Discretionary Permits and Actions to change the approval process for Tier 3 wireless telecommunications facilities. This will revise the approving authority to the Development Advisory Board and the Planning Commission as Appeal Authority; delete Note 1 requiring a public hearing and adding Note 2 allowing the approving authority to refer any application to the appeal authority;
Revise Table 2.03-1 (Notification Matrix), B. Discretionary Permits and Actions to delete Note No. 1 for public hearing notification and first-class mail requirement; and Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.420 (Wireless Telecommunications Facilities) to delete public hearing notification requirements for Tier 3 facilities.

Division 2.02 (Application Filing and Processing) - Revise Table 2.02-1 (Review Matrix) to shift "Interpretations and Land Use Determinations (Ref: ODC Section 1.02.010)" from B. Discretionary Permits and Actions to C. Ministerial (Administrative) Permits and Decisions.

Division 3.01 (Nonconforming Lots, Land Uses, and Structures) - Revise Section 3.01.020 to amend requirements for the conversion of a nonconforming residential structure within Industrial Zoning Districts so that the use of the structure is subject to Planning Director review and approval, and any project conditions or covenants recorded on the property shall prohibit the structure from being converted back to a residential land use.

Division 4.03 (Ministerial (Administrative) Permits and Decisions) - Revise Section 4.03.050 (Administrative Exceptions) to delete reference to "or parking requirements" in the listing of exclusions from the Administrative Exceptions.

Division 5.02. (General Land Provisions), Section 5.02.010 (Allowed Land Uses, Activities and Facilities)
1448
Revise Table 5.02-1 (Land Use Matrix) to add Senior Citizen Housing Developments as a Conditionally Permitted land use in the CN zoning district; Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.360 (Senior Citizen Housing Developments) revising Base Density standards to include the MU-6 zoning district at a base density of 25 dwelling units per acre, and revise Density Bonus standards to include the MU-6 zoning district density bonus of 20%.

Revise Hookah Establishments and Facility requirements
Revise Division 5.02 (General Land Use Provisions), Table 5.02-1 (Land Use Matrix) to include the notation that the "Use shall be prohibited on the ground/first floor of buildings located along the Euclid Avenue Protection Corridor"; and
Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.245 (Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers) to include smoking cigars and establishing cigar bars within Hookah Establishments (Development Code Section

5.03.245.C.2) and excluding cigars and cigar bars from Smoking/Vaping Lounges.

Division 5.01 (Zoning Districts and Boundaries) - Revise Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map and Figure 5.01-2: MU-1 (Downtown Mixed Use) Zoning District Land Use Map.

Division 5.02 (General Land Provisions) - Revise Table 5.02-1 (Land Use Matrix) to add Solar and Wind Electric Power Generation as a permitted land use in the IH (Heavy Industrial) zoning district.

Revise Section 5.03.160 (Electric Power Generation, Solar and Wind) to identify that stand alone facilities are allowed in the CIV (Civic), IH (Heavy Industrial), and UC (Utility Corridor) zoning districts, not the OS-U zoning district as identified.

Division 5.03 (Supplemental Land Use Regulations)
Section 5.03.010 (Accessory Dwelling Units) to delete Section 5.03.010.D.2.a & b requiring an ADU Permit, and Section 5.03.010.D.3.a relating to Process and Timing; Section 5.03.390 (Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics) establishing a 0.25-mile proximity requirement for body art service businesses located within the MU-1 (Downtown Mixed Use) zoning district; Section 5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) to update requirements for Retail Sales Events and Other Similar Business Events and for Charitable and Fund Raising Events; and
Section 5.03.403 (Single-Family Two-Unit Projects) to delete a prior editing reference and update the standard.

Division 6.01 (District Standards and Guidelines) - Revise Section 6.01.010 (Residential Zoning Districts) revising residential drive approach standards for lots developed with single-family dwellings, and referencing the landscaping hardscape standards.

Division 6.05 (Landscaping) - Amend the listed sections to include "Heritage Tree Preservation Mitigation Fee" and "Heritage Tree Preservation Trust Fund". 1449
Division 8.01 (Sign Regulations) - Revise Table 8.01-1 (Sign Regulation Matrix), A. All Zoning Districts,

1. Temporary Signs adding line item f. Large Public Notification Signs for large public notification sign regulations.

The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended resolution. Any provisions proposed for deletion are shown in red strikeout text (Abcdefg) and all additions are shown in blue text (Abcdefg).

ZONE CHANGE: The proposed Zone Change will modify the Zoning Map to remove the EA (Euclid Avenue) zoning overlay from Philadelphia Avenue to Riverside Drive. The EA zoning overlay was established to recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource, recognize and protect Euclid Avenue's position on the National Register of Historic Places, and recognize Euclid Avenue as a major contributor to Ontario's historic downtown area. Because the area south of Riverside Avenue is over one mile from Ontario's downtown, does not contain the same architectural character as the downtown area, and does not protect Euclid Avenue as a major scenic and historic resource for the City, the existing EA zoning overlay between Philadelphia Avenue and Riverside Drive should be removed from the EA zoning overlay boundary.

ENVIRONMENTAL REVIEW: The proposed Development Code Amendment and Zone Change is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

PLANNING COMMISSION REVIEW: On November 28, 2023, the Planning Commission conducted a public hearing and voted 6-0 to recommend City Council consider and approve File Nos. PDCA23- 003 and PZC23-002, pursuant to the facts and reasons contained in the staff report and attached ordinances.
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA23-003, A DEVELOPMENT

CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND
PROCEDURES), 3.0 (NONCONFORMING LOTS, LAND USES,
STRUCTURES, AND SIGNS), 4.0 (PERMITS, ACTIONS, AND
DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND 8.0 (SIGN REGULATIONS) OF THE

CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

WHEREAS, THE CITY OF ONTARIO ("Applicant") has initiated an Application for the approval of a Development Code Amendment, File No. PDCA23-003, as described title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:
(1) Revise Specific Plan and Amendment requirements to include the following:
(a) Revise Division 2.02 (Application Filing and Processing), Table 2.02- 1 (Review Matrix); A. Legislative Actions, Item No. 6 (Specific Plans and Amendments) and B. Discretionary Permits and Actions, Item No. 12. (Specific Plan Minor Adjustments/Alterations) to add Note No. 12.
(b) Add Note No. 12 to include " Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions)." 1451
(c) Revise Division 4.01 (Legislative Actions), Section 4.01.035 (Specific Plans and Amendments) to add text clarifying "Unless otherwise specified in a respective Specific Plan". (Development Code Section 4.01.035.C).
(d) Revise Division 4.02 (Discretionary Permits and Actions), Section

4.02.080 (Specific Plan Minor Amendments/Alterations) to add text clarifying "Unless otherwise specified in a respective Specific Plan". (Development Code Section

4.02.080.C).
(2) Revise Wireless Telecommunications Facility requirements for Tier 3 facilities to include the following:
(a) Revise Division 2.02 (Application Filing and Processing), Table 2.02- 1 (Review Matrix), B. Discretionary Permits and Actions to change the approval process for Tier 3 wireless telecommunications facilities. This will revise the approving authority to the Development Advisory Board and the Planning Commission as Appeal Authority; delete Note 1 requiring a public hearing and adding Note 2 allowing the approving authority to refer any application to the appeal authority. (b) Revise Table 2.03-1 (Notification Matrix), B. Discretionary Permits and Actions to delete Note No. 1 for public hearing notification and first-class mail requirement.
(c) Revise Division 5.03 (Supplemental Land Use Regulations), Section

5.03.420 (Wireless Telecommunications Facilities) to delete public hearing notification requirements for Tier 3 facilities. (Development Code Section 5.03.420.A.3.). (3) Revise Division 2.02 (Application Filing and Processing), Table 2.02-1 (Review Matrix) to shift "Interpretations and Land Use Determinations (Ref: ODC Section

1.02.010)" from B. Discretionary Permits and Actions to C. Ministerial (Administrative) Permits and Decisions.
(4) Revise Division 3.01 (Nonconforming Lots, Land Uses, and Structures), Section 3.01.020 to amend requirements for the conversion of a nonconforming residential structure within Industrial Zoning Districts so that the use of the structure is subject to Planning Director review and approval, and any project conditions or covenants recorded on the property shall prohibit the structure from being converted back to a residential land use. (Development Code Section 3.01.020.G). (5) Revise Division 4.03 (Ministerial (Administrative) Permits and Decisions), Section 4.03.050 (Administrative Exceptions) to delete reference to "or parking requirements" in the listing of exclusions from the Administrative Exceptions (Development Code Section 4.03.050B.b.).
(6) Revise Division 5.02. (General Land Provisions), Section 5.02.010 (Allowed Land Uses, Activities and Facilities), Table 5.02-1 (Land Use Matrix) to add Senior Citizen Housing Developments as a Conditionally Permitted land use in the CN zoning district.

Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.360 (Senior 1452
Citizen Housing Developments) revising Base Density standards to include the MU-6 zoning district at a base density of 25 dwelling units per acre (Development Code Section

5.03.360.D), and revise Density Bonus standards to include the MU-6 zoning district density bonus of 20%. (Development Code Section 5.03.360.E). (7) Revise Hookah Establishments and Facility requirements to include:
(a) Revise Division 5.02 (General Land Use Provisions), Table 5.02-1 (Land Use Matrix) to include the notation that the "Use shall be prohibited on the ground/first floor of buildings located along the Euclid Avenue Protection Corridor. (b) Revise Division 5.03 (Supplemental Land Use Regulations), Section

5.03.245 (Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers) to include smoking cigars and establishing cigar bars withing Hookah Establishments (Development Code Section 5.03.245.C.2) and excluding cigars and cigar bars from Smoking/Vaping Lounges (Development Code Section 5.03.245.C.4). (8) Revise Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map and Figure 5.01-2: MU-1 (Downtown Mixed Use) Zoning District Land Use Map to be consistent with TOP 2050, PGPA23-001 and PZC23-003. (9) Revise Division 5.02 (General Land Provisions), Table 5.02-1 (Land Use Matrix) to add Solar and Wind Electric Power Generation as a permitted land use in the IH (Heavy Industrial) zoning district. Revise Section 5.03.160 (Electric Power Generation, Solar and Wind) to identify that stand alone facilities are allowed in the CIV (Civic), IH (Heavy Industrial), and UC (Utility Corridor) zoning districts, not the OS-U zoning district as identified. (Development Code Section 5.03.160).
(10) Revise Division 5.03 (Supplemental Land Use Regulations) to include:
(a) Section 5.03.010 (Accessory Dwelling Units) to delete Section

5.03.010.D.2.a & b requiring an ADU Permit, and Section 5.03.010.D.3.a relating to Process and Timing. (Development Code Section 5.03.010.D). (b) Section 5.03.390 (Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics) establishing a 0.25-mile proximity requirement for body art service businesses located within the MU-1 (Downtown Mixed Use) zoning district. (Development Code Section 5.03.390.D).
(c) Section 5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) to update requirements for Retail Sales Events and Other Similar Business Events and for Charitable and Fund Raising Events. (Development Code Section

5.03.395.G.1.b and G.6.a).
(d) Section 5.03.403 (Single-Family Two-Unit Projects) to delete a prior editing reference and update the standard. (Development Code Section 5.03.403.E.6.e). 1453
(11) Revise Division 6.01 (District Standards and Guidelines), Section 6.01.010 (Residential Zoning Districts) revising residential drive approach standards for lots developed with single-family dwellings. (Development Code Section 6.01.010.F.7.a.2.a) and referencing the landscaping hardscape standards (Development Code 6.01.010.F.6). (12) Revise Division 6.05 (Landscaping) to amend the listed sections to include "Heritage Tree Preservation Mitigation Fee" and "Heritage Tree Preservation Trust Fund". (Development Code Division 6.05).
(13) Revise Division 8.01 (Sign Regulations), Table 8.01-1 (Sign Regulation Matrix), A. All Zoning Districts, 1. Temporary Signs adding line item f. Large Public Notification Signs for large public notification sign regulations.

WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02-1 (Review Matrix) assigns the City Council the responsibility and authority to review act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; 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 November 28, 2023, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC23-100, recommending the City Council approve the Development Code Amendment; and WHEREAS, on December 19, 2023, the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment 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 RESOLVED by the City Council of the City of Ontario, as follows:

SECTION 1. Environmental Determination and Findings. As the decisionmaking body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. 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 1454
(2) The Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the" common sense exemption" (also known as the "general rule exemption") that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
(3) The determination that the Development Code Amendment is not subject to CEQA 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 Development Code Amendment, the City Council finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.

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.
(1) 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 Development Code Amendment, 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 City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace 1455
protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decisionmaking body for the Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 4. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan ("TOP"). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP's Vision; (b) provides for 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, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City's economy and focuses City resources in commercial and residential neighborhoods.
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 5. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 6. 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. 1456
SECTION 7. 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 8. Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 9. 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 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 ________. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
1457

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SHELIA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the following is the original of Ordinance No. duly passed and adopted by the Ontario City Council at their regular meeting held on ________, and that Summaries of the Ordinance were published on____________, and __________, in the Inland Valley Daily Bulletin newspaper.

SHELIA MAUTZ, CITY CLERK
(SEAL)
1458
ATTACHMENT A:

File No. PDCA23-003
2023 Development Code Amendment No. 2
(Document to follow this page)
1459
Chapter 2.0:

Administration and Procedures
Division 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or Revocation Division 2.06—Performance Guarantees
File No. PDCA23-003
2023 Development Code Amendment No. 2
1460
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-3 (Rev. 01.16.202405.02.2023) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or less
than 0.45 FAR
X A A
d. Industrial developments exceeding 0.45
FAR
R X A
e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this Development
Code
(1) Tier 2 facilities X A A
(2) Tier 3 facilities [12] RX XA A
f. All others X A A

5. Extensions of Legal Nonconforming Status [1]
(Ref: ODC Section 4.02.030)
X A A

6. Historic Preservation
a. Certificates of Appropriateness (Ref:

ODC Section 4.02.050)
(1) Designated Historic Landmarks and
Contributors, and Architectural Conservation Areas;
and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement Structure
[1]
R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship [1]
(Ref: ODC Section 4.02.055) [1]
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC Section

4.02.060)
X A A
1461
Division 2.02— Application Filing and Processing
(Rev. 01.16.202405.02.2023) Page 2.02-4 Ontario Development Code Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or Amending
Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local
District Designations, and Architectural Conservation
Areas (Ref: ODC Section 4.02.040), including
Rescinding or Amending Status (Ref: ODC Section

4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC Section

4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i. Addition/Removal of Resources to/from
the Ontario Register (Ref: ODC Section 4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.

X A A
(2) Loss of all historic and/or cultural
significance due to a catastrophe causing a loss of
integrity, or due to extensive legally performed
alterations performed after the property was initially
surveyed.

X A A

7. Interpretations and Land Use Determinations
(Ref: ODC Section 1.02.010)
X A A

8.7. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X

9.8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A

10.9.Nonconforming Structure Reconstruction [1]
(Ref: ODC Section 3.01.020)
X A

11.10. Parking Reduction (Ref: ODC Section

6.03.025)
X A

12.11. Sign Programs (Ref: ODC Section

4.02.075)
X A A

13.12. Specific Plan Minor
Adjustments/Alterations [12] (Ref: ODC Section

4.02.080)
X A A

14.13. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]
1462
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-5 (Rev. 01.16.202405.02.2023) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

15.14. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A

16.15. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A

17.16. Variances (Ref: ODC Section 4.02.020.D)
a. Homeowner [1] X A A
b. Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND

DECISIONS

1. Administrative Exceptions (Ref: ODC Section

4.03.050)
X A A

2. Administrative Use Permits (Ref: ODC Section

4.03.015)
X

3. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 (Zoning Compliance)
X A A

4. Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)
X A A

5. Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X A A

6. Interpretations and Land Use Determinations
(Ref: ODC Section 1.02.010)
X A A

6.7. Landscape and Irrigation Plans (Ref. ODC
Section 6.05.005)
X A A

7.8. Off-Site (Public) Improvement Plans (Ref: ODC
Section 6.08.040)
X A A

8.9. ONT ALUCP Interagency Review [7] (Ref: ONT
ALUCP)
X A[8]

9.10.Other Plan Checks and actions required by
this Development Code
X A A
1463
Division 2.02— Application Filing and Processing
(Rev. 01.16.202405.02.2023) Page 2.02-8 Ontario Development Code  Single-Family Two-Unit Developments;
 Street address number issuance;
 Subdivision Improvement Agreement approval;
 Subdivision map corrections and amendments approval;
 Temporary Use Permit issuance;
 Tier 1 wireless telecommunications facility approval;  Urban Lot Splits; and
 Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the “Consent Calendar” portion of the Approving Authority meeting agenda. [12] Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions).

2.02.010: Applications and Fees
A. Application filing.

1. An application for a permit, permit modification, amendment, or any other matters pertaining to this Development Code shall be filed with the City, on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.

2. An application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or their agent(s).

3. A project requiring the filing of more than one land use or entitlement permit application shall, to the extent possible, be filed with all related applications for concurrent review and action by the highest required Reviewing Authority, except that an Administrative Exception application filed in conjunction with a Development Plan shall require separate review and action by the appropriate Reviewing Authority.

B. Filing Fees.

1. The City Council may establish by resolution, a schedule of fees for permits, amendments, inspections, licenses, services, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council.

2. Application review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully cover all City processing costs.

C. Refunds and Withdrawals.

1. The refund of filing fees in response to the denial of an application shall be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications. 1464
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-3 (Rev. 01.16.202405.02.2023) Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding

0.45 FAR
X
e. Wireless telecommunications
facilities pursuant to Section 5.03.42015 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X
(2) Tier 3 facilities [1] X X
f. All others X

5. Extensions of Legal Nonconforming
Status [1] (Ref: ODC Section 4.02.030)
X X

6. Historic Preservation
a. Certificates of Appropriateness
(Ref: ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement
Structure [1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor
Improvements
X
b. Certificates of Economic Hardship
[1] (Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X
1465
Chapter 3.0:

Nonconforming Lots, Land Uses, Structures, and Signs
Division 3.01—Nonconforming Lots, Land Uses, and Structures Division 3.02—Nonconforming Signs
1466
Division 3.01—Nonconforming Lots, Land Uses and Structures Ontario Development Code Page 3.01-7 (Rev. 01.16.202412.01.2020)

1. A nonconforming residential structure located within an industrial zoning district shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located, unless:
a. The use of the residential structure is subject to Planning Director review and approval; and
a.b. Any conditions of approval and covenants recorded on the property shall prohibit the conversion of the structure back to a residential land use.

G.H. Alteration and/or Expansion of a Nonconforming Single-Family Residential Structures. In addition to the requirements of Subsections A through G of this Section, a nonconforming singlefamily residential lot and/or structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this Development Code, but which under the provisions of this Development Code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for single-family residential purposes, shall be subject to the following:

1. Alterations and Expansions to Single-Family Structures in Nonresidential Zones. a. Necessary repairs and desirable alterations, as deemed appropriate by the Planning Director, may be made to a legal nonconforming single-family residential structure that is nonconforming as to use.
b. A single-family dwelling that is nonconforming as to use may be enlarged by an additional 25 percent of the original enclosed floor area, provided the addition meets all other provisions of this Development Code.
c. A single-family dwelling that is nonconforming as to its location within a zoning district that does not permit single-family dwellings, and in which the residential use was lawfully established and continuously maintained, shall be subject to the development regulations of the LDR-5 (Low Density Residential – 5 Dwelling Units/Acre) zoning district. d. The addition or enlargement of a garage for the purpose of providing offstreet parking facilities in compliance with Division 6.03 (Off-Street Parking & Loading) of this Development Code shall be permitted and shall not be counted toward the additional floor area permitted by Subparagraph H.1.b, above.

2. Continuation of a Nonconforming Setback. A single-family dwelling having a nonconforming side yard setback, which is added to, extended or enlarged, may continue the nonconforming setback, provided the addition, extension or enlargement maintains a side yard setback equal to or greater than the existing side yard setback, and is no greater than 14 FT in height.

3. On-site Parking. A single-family residential dwelling that is nonconforming as to site development or design, which is expanded or enlarged to include more than 3 bedrooms, or wherein a second unit or guesthouse is constructed subject to the requirements of this chapter, off-street parking required pursuant to Division 6.03 (Off-Street Parking & Loading) of this Development Code shall be provided, unless physical constraints exist that would make it impractical to provide the required parking facility(ies), as determined by the Planning Director, given the existing site design and configuration. For the purpose of this provision, a bedroom shall 1467
Chapter 4.0:

Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
Division 4.03—Ministerial (Administrative) Permits and Decisions 1468
Division 4.01—Legislative Actions
Ontario Development Code Page 4.01-9 (Rev. 01.16.202412.01.2020)

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;

2. The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

3. In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and

4. In the case of an application affecting specific property(ies), 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.

5. The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan.

4.01.035: Specific Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Specific Plans whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority.

1. Pursuant to GC Section 65450 et seq., the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.

2. A Specific Plan and any amendments thereto, adopted pursuant to this Division, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.

C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, Aan application for Specific Plan adoption or amendment shall be filed, processed and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. A Specific Plan, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the belowlisted findings cannot be clearly established.

1. The proposed Specific Plan, 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;

2. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; 1469
Division 4.02—Discretionary Permits and Actions
Ontario Development Code Page 4.02-39 (Rev. 01.16.202406.21.2022) b. Adjustment/alteration of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;
c. Minor adjustments/alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan’s development standards and design guidelines; d. Minor adjustments/alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation; e. Other adjustments/alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and f. Adjustments/alterations in street alignments and dimensions that are deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure,.

C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, Aa Specific Plan Minor Adjustments/Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.

D. Findings and Decision. A Specific Plan Minor Adjustments/Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The proposed Specific Plan Minor Adjustment/Alteration 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, and the specific plan;

2. The proposed Specific Plan Minor Adjustment/Alteration is reasonable and beneficial, and in the interest of good planning practice; and

3. The proposed Specific Plan Minor Adjustment/Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.

4.02.085: Subdivisions—Lot Merger (Merger of Contiguous Parcels) A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.10), pertaining to the merger of contiguous lots under common ownership (Lot Merger).

B. Applicability.
1470
Division 4.03—Ministerial Permits and Decisions
Ontario Development Code Page 4.03-13 (Rev. 06.21.2022) lot size, lot dimensions, landscape coverage, or parking requirements, or for an increase in maximum density, floor area ratio, or the height of a structure.

C. Application Filing, Processing and Hearing.

1. An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

2. A hearing shall not be required; however, the owners of all properties having a property line common with the affected property shall be notified of the proposed Administrative Exception pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code and shall be invited to comment on the application.

D. Findings and Decision. An Administrative Exception shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and any comments received from property owners notified pursuant to Subparagraph C.3.b of this Section, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;

2. The approval of the Administrative Exception will allow for the inclusion of site, architectural, or landscape features that could not otherwise be incorporated into the design of the project under the strict application of the provisions of the applicable development standards; and

3. The approval of the Administrative Exception will not adversely affect the overall quality of development on the project site and will not adversely affect neighboring properties.

4. The proposed Administrative Exception 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, and the purposes of any applicable Specific Plan or Planned Unit Development, and the purposes of this Development Code.

E. Conditions of Approval.

1. In approving an Administrative Exception, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
1471
Chapter 5.0:

Zoning and Land Use
Division 5.01—Zoning Districts and Boundaries
Division 5.02—General Land Use Provisions
Division 5.03—Supplemental Land Use Regulations
1472
Division 5.01—Zoning Districts and Boundaries
Ontario Development Code Page 5.01-5 (Rev. 01.16.202405.02.2023) Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map 1473
Division 5.01—Zoning Districts and Boundaries
Ontario Development Code Page 5.01-6 (Rev. 01.16.202405.02.2023) Figure 5.01-2: MU-1 (Downtown Mized Use) Zoning District Land Use Map 1474
Division 5.02—General Land Use Provisions
(Rev. 01.16.202405.02.2023) Page 5.02-6 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
Residential Development Projects
Accessory Residential Structures (structures that are incidental to a primary single-family dwelling)
Accessory Dwelling Units P P P P --- --- --- --- --- --- --- P P P P P P P P P --- P --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.010 (Accessory Dwelling Units) Accessory Residential Structures (includes guesthouses, pool houses, freestanding recreation rooms, garages, carports, garden and tool sheds, and other ancillary buildings and structures determined appropriate by the Planning Director)
P P P P --- --- --- --- --- --- --- P P --- P --- P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See Subsection B (Accessory Residential Structures) of Section 5.03.011
Multiple-Family Dwellings --- --- P P --- --- --- --- --- --- --- P P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Table 6.01-3 (Multiple-Family Residential Development Standards)
Single-Family Dwellings
• Traditional Single-Family Residential Subdivisions P P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-1 (Traditional Single-Family
Development Standards)
• Small Lot Traditional Single-Family Residential Subdivisions --- P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2A (Small Lot Traditional
Residential Development Standards)
• Small Lot Alley-Loaded Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2B (Small Lot Alley-Loaded
Residential Development Standards)
• Cluster Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-Family Dwellings); See Table 6.01-2C (Cluster Single-Family
Residential Development Standards)
Small Lot Infill Subdivisions --- --- P P --- --- --- --- --- --- --- P P --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 6.01.010.F (Small Lot Infill Subdivisions)
Senior Citizen Housing Developments --- --- P P --- C--- C --- --- --- --- P --- --- P P --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.360 (Senior Citizen Housing Developments)
Single Room Occupancy (SRO) Facilities --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.370 (Single Room Occupancy (SRO) Facilities)
Supportive Housing P P P --- --- --- C --- --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- P C --- --- C --- --- --- --- --- --- See Section 5.03.405 (Transitional Shelters and Supportive Housing)

MIXED USES
Nonresidential Mixed-Use Developments (development projects containing a mix of commercial and light industrial uses in the same building or on the same site)
--- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments) Residential Mixed-Use Developments (development projects containing a mix of commercial and residential uses in the same building or on the same site)
--- --- --- --- --- C C --- --- --- --- P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Use Developments) Work/Live Units --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.425 (Work/Live Units) 1475
Division 5.02—General Land Use Provisions
(Rev. 01.16.202405.02.2023) Page 5.02-8 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
115 Support Activities for Agriculture
115111
115112
115113
115114
115115
115116
Support Activities for Crop Production (includes cotton ginning; soil preparation, planting and cultivating; crop harvesting; postharvest crop activities; farm labor contractors and crew leaders; and farm management services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 115210 Support Activities for Animal Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 21 MINING, QUARRYING, AND OIL AND GAS EXTRACTION
211 Oil and Gas Extraction --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 212 Mining (except oil and gas) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 213 Support Activities for Mining --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 22 UTILITIES
221 Utilities
2211 Electric Power Generation, Transmission and Distribution 221111 Hydroelectric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221112 Fossil Fuel Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- C --- --- --- --- 221113 Nuclear Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 221114,
221115
Solar and Wind Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P--- --- P --- --- --- --- --- C See Section 5.03.160 (Electric Power Generation, Solar and Wind)
221116,
221117,
221118
Geothermal, Biomass, and All Other Electric Power Generation (excepting solar and wind electric power generation)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221121
221122
Electric Power Transmission, Control and Distribution (includes power transmission and control, and power distribution)

C C C C C C C C C C C C C C C C C C C C C C C C C C C --- C C P C C C C 23 CONSTRUCTION
236,
237,
238
Contractors (limited to businesses whose primary activity is performing specific activities involved in building construction, engineering and capital improvement projects, or the preparation of sites for construction)
• Completely within a Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- • With Outdoor Storage (screened from public view) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading
Doors)
1476
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-29 (Rev. 01.16.202405.02.2023) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, properties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3 MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3 LUA-4
713940 Fitness and Recreational Sports Centers (limited to health clubs and gyms, fitness and sports training facilities, tennis clubs, swim clubs and other similar activities and facilities)
• GFA Less than 10,000 SF --- --- --- --- --- P P P P --- P **P --- --- P --- P P P P P P P P --- --- --- --- --- --- P --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• GFA 10,000 or More SF --- --- --- --- --- C C C P --- C **C --- --- C --- C C C C C C C C C C --- --- --- --- C --- --- --- --- 713950 Bowling Centers --- --- --- --- --- --- P P --- --- --- P P P P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 713990 Adult-Oriented Businesses --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- See Section 5.03.015 (Adult-Oriented Businesses) 713990 Batting Cages -- Indoor --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- 713990 Batting Cages -- Outdoor --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- C --- --- 713990 Billiard Parlors and Pool Halls --- --- --- --- --- --- C C --- --- --- C --- --- C --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.075 (Billiard Parlors and Pool Halls)
713990 Dancing, Dance Clubs, Dance Halls, Ballrooms, and Discotheques • GFA Less than 5,000 SF --- --- --- --- --- --- C C --- --- --- *A --- --- --- --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- * In the MU-1 zoning district, dancing activities/facilities are administratively
permitted only in conjunction with a bona
fide full-service restaurant or alcoholic
beverage manufacturer’s tasting room.
• GFA 5,000 or More SF --- --- --- --- --- --- C C --- --- --- C --- --- --- --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- 713990 Escape, Exit, Mystery, and Puzzle Rooms --- --- --- --- --- --- C C --- --- --- C C C --- --- --- --- --- C --- C C --- C C --- --- --- --- --- --- --- --- --- 713990 Golf Driving Ranges, Miniature and Pitch-N-Put Golf Courses, and Practice Ranges
--- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- 713990 Hookah Establishments and Facilities --- --- --- --- --- C C --- --- --- --- */** A
*A *A *A --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- * In the MU-1 zoning district, hookah facilities are administratively permitted only in
conjunction with a bona fide full-service
restaurant. Standalone establishments and
facilities shall not be allowed.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

Ontario City CouncilDecember 19, 2023

Ontario City Council
December 19, 2023