Agenda packet — Ontario City Council, March 19, 2024 (part 2 of 10)

BB&K 2020
AMENDMENT NO. 4 TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
THIRTIETH STREET ARCHITECTS, INC.

1. Parties and Date.

This Amendment No. 4 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Thirtieth Street Architects, Inc. a Corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Design Services Agreement” dated February 15, 2021 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement to revise the scope of services for the D&C23-026 Downtown Mobility Hub set forth in Amendment No. 4 – Attachment “A” and increase the not-to-exceed compensation amount by One Hundred Nine Thousand Three Hundred Dollars ($109,300). The Parties have heretofore entered into Amendment No. 1 dated April 19, 2022, Amendment No. 2 dated March 21, 2023, and Amendment No. 3 dated November 1, 2023.

2.3 Amendment Authority. This Amendment No. 4 is authorized pursuant to Section

3.8.1 of the Agreement.

3. Terms.

3.1 Amendment. Section 3.10.1 of the Agreement is hereby amended in its entirety to read as follows:
“3.10.1 Consultant's Compensation for Basic Services. City shall pay to consultant, for the performance of all Services rendered under this Agreement, with the total not to exceed amount of Five Hundred FiftyNine Thousand Three Hundred Dollars ($559,300) ("Total Compensation"). This Total Compensation amount shall be based upon, 240
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BB&K 2020
and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit "B" and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement."
Exhibit A is hereby deleted in its entirety and replaced with Attachment A attached hereto and incorporated herein by reference.

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 4, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 4. From and after the date of this Amendment No. 4, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 4.

3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 4.

3.4 Severability. If any portion of this Amendment No. 4 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5 Integration. This Amendment represents the entirety of the Parties’ understanding relating to the subject of this Amendment, including written or verbal communications between the Parties, which shall have no relevance unless expressly incorporated herein. This is an integrated amendment.
[SIGNATURES ON FOLLOWING PAGE]
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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 4 TO THE DESIGN SERVICES

AGREEMENT BETWEEN THE CITY OF ONTARIO
AND THIRTIETH STREET ARCHITECTS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 4 as of the day and year first above written.

CITY OF ONTARIO Robert Borders and Associates
By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
242
architecture
2821 newport blvd.
phone (949) 673-2643
historical rehabilitation
newport beach
planning california 92663
email: [email protected]
founding principals
john c. loomis, architect
james c. wilson, architect
principal
elwood l. gulley, architect

AGREEMENT
Agreement made January 15, 2024, between the City of Ontario, 303 East B Street, Ontario, CA 91764, referred to as the Owner and Thirtieth Street Architects, Inc., 2821 Newport Boulevard, Newport Beach, CA 92663, John C. Loomis and James C. Wilson, the Architects.

It is the intention of the Owner to modify the design of the new Ontario Downtown Mobility Hub building located at 122 S. Vine St., Ontario, CA, 91764 to accommodate offices and classrooms for the Ontario Promise Corps while maintaining the Mobility Hub functions on site.

The Owner and the Architect agree as set forth below.

BASIC SERVICES
The Architect's Basic Services consist of the three phases described below, including Architectural and Landscape Design, Civil, Structural, Mechanical, Electrical, and Plumbing Engineering Services.

Coordination with other consultants retained directly by the Client is also included. Regarding site work, we will try to reuse as many of the drawings completed last year as possible.

Project Team
Architect Thirtieth Street Architects, Inc.

John C. Loomis, Principal in Charge
2821 Newport Blvd.

Newport Beach, CA 92663
Office (949) 673-2643, Ext. 29
Cellphone (949) 274-1092
[email protected]
Civil Engineering CVC Consulting, Inc.

Dane McDougall, P.E., P.L.S.
9830 Irvine Center Drive
Irvine, CA 92618
Office (949) 916-3800
[email protected]
Structural Engineering Shucri (Chuck) Yaghi Structural Engineering Shucri Yaghi, P.E.
112 E. Chapman Ave., Suite D
Orange, CA 92866
Office (714) 997-9120
[email protected]
thirtieth
street
architects
inc.

Exhibit "A"
243

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MEP Engineer Winston Engineering Inc.

Anthony Winston III, P.E.
8605 Santa Monica Blvd., Suite 63454
West Hollywood, CA 90069
Office (951) 902-6600
[email protected]
Landscape RMA International, Inc.

Bob McMahon
315 3rd St., Suite N
Huntington Beach, CA 92648
Office (562) 618-9119
[email protected]
The following services/consultants are not included in this Agreement:
• Interior Design
• Geotechnical Engineering

SCOPE OF WORK
Modify the current design of the building’s interiors to accommodate the Ontario Promise Corps (OPC) services, including a classroom, conference room, office cubicles, hoteling stations, storage, and restrooms.

Modify Construction Documents as required and re-submit for Plan Check and Development Plan approvals.

Phase Ia, Design Development Revisions:

Based on the Program for OPC, the Team shall conduct a brief Design Development Phase to make recommendations and prepare exhibits depicting the revised Building Floor Plan and all building systems, lighting fixtures, finish materials, colors, and built-ins for review and approval by the city.

The Architect shall prepare an updated Design Development Statement of Probable Cost for the Project.

Phase Ia Products:
• Revised Floor Plan, Site Plan, and miscellaneous drawings • Materials and colors and lighting
• Design Development Statement of Probable Cost.

Phase Ib, Preliminary Governmental Processing:

If required, the Architect shall assist the Owner in obtaining preliminary Governmental approvals, including Development Review for the design modifications, if required.

The Architect shall attend any meetings with the City of Public Hearings, if required. 244

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Phase Ib, Products:
• Miscellaneous documents.

Phase IIa, Modify Construction Documents:

The Team shall modify existing Construction Documents including Working Drawings and Specifications depicting in detail, all aspects of the Scope of Work described above for review and approval by the Owner.

The Team shall prepare a Construction Document Statement of Probable Cost.

The Architect shall coordinate with the Client and the consultants as required.

Phase IIa, Products:
• Revised Construction Documents, including Working Drawings and Specifications. • Construction Document Statement of Probable Cost.

Phase IIb, Plan Check:

The Architect shall assist the Client in submitting for Plan Check and shall make all necessary Plan Check Corrections.

Phase IIb Products:
• Plan Check Corrections.

Phase III, Construction Observation:

The Architect shall periodically visit the site at intervals appropriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such on-site observations as an Architect, the Architect shall keep the Owner informed of the progress and quality of the Work and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor.

The Architect shall be the interpreter of the requirements of the Contract Documents and the judge of the performance thereunder by both the Owner and Contractor. The Architect shall render interpretations necessary for the proper execution or progress of the Work with reasonable promptness on written decisions, within a reasonable time, on all claims, disputes, and other matters in question between the Owner and the Contractor relating to the execution or progress of the Work or the interpretation of the Contract Documents.

The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as shop drawings, product data, and samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. Such action shall be taken with 245

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reasonable promptness so as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.

It is agreed that the Owner shall hire all Contractors/Subcontractors and handle all certificates for payments. The Owner shall file Notice of Completion and shall be responsible for all matters regarding liens.

The Architect shall meet and coordinate with the Client periodically.

The Architect shall coordinate and collaborate with the other consultants as needed.

The Architect shall prepare a Punch list at the conclusion of the job and shall assist the Owner in the close-out of the project.

The Architect shall prepare a record set of “as builts” depicting field changes at the end of the project.

Phase III, Products:
• Miscellaneous documents.

ADDITIONAL SERVICES
Additional Architectural and Engineering Services for Owner selected improvements to the building shell are available via amendment to this agreement.

The following services are not included in Basic Services:

Providing services and consultants for other than normal Architectural, and Landscape Design, Structural, MEP, and Civil Engineering. Interior Design and Geotechnical Engineering are not a part of this Agreement.

Providing coordination of Work performed by separate Contractors or by the Owner's own forces.

Providing services in connection with the Work of a construction manager or separate consultants retained by the Owner.

Providing detailed estimates of construction cost, analyses of owning and operating costs, or detailed quantity surveys or inventories of material, equipment, and labor.

Providing legal services for the preparation of partywall agreements, easements or right of ways.

Making revisions in Drawings, Specifications, or other documents when such revisions are inconsistent with written approval or instructions previously given, or required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such documents or are due to other causes not solely within the control of the Architect.

Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Construction Cost is not commensurate with the services required of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 246

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Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction.

Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding.

Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted Architectural practice.

OWNER'S RESPONSIBILITIES
The Owner shall provide full information regarding his requirements for the Project. The Owner shall designate, when necessary, a representative authorized to act in his behalf with respect to the Project. The Owner or his representative shall examine documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect.

The Owner shall furnish a Geotechnical Report prepared by a Soil Engineers and/or other consultant’s services when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soilbearing values, percolation tests, air and water conditions, with reports and appropriate professional recommendations.

The Owner shall furnish structural, mechanical, chemical, and other laboratory tests, inspections and reports as required by law or the Contract Documents.

The Owner shall furnish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor uses the monies paid by or on behalf of the Owner.

The services, information, surveys, and reports required above shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy thereof.

If the Owner observes or otherwise becomes aware of any fault or defect in the Project of nonconformance with the Contract Documents, he shall give prompt written notice thereof to the Architect.

The Owner shall furnish information required of him expeditiously as necessary for the orderly progress of the Work.

CONSTRUCTION COST ESTIMATE
Construction Cost does not include the fees of the Architect and consultants, the cost of land, rights of way, or other costs, which are the responsibility of the Owner as previously mentioned.

Cost Estimates prepared by the Architect represent his best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has any control over the cost of labor, materials, or equipment, over the Contractor's methods of determining 247

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bid prices, or over competitive bidding or market conditions. Accordingly, the Architect cannot and does not guarantee that bids will not vary from any cost estimate prepared by him.

PROFESSIONAL FEES
The Professional Fees for Phase Ia through III shall be as listed below, plus reimbursable expenses.

Phase Fee
Phase Ia, Design Development Revisions A lump sum of $21,800.00 Phase Ib, Preliminary Governmental Processing, Hourly
Phase IIa, Modify Construction Documents A lump sum of $52,500.00 Phase IIb, Plan Check Corrections Hourly
Phase III, Construction Observation A lump sum of $35,000.00 Hourly Services and Additional Services, if requested by the Owner in writing, shall be billed at the following hourly rates:

HOURLY FEE SCHEDULE:

ARCHITECT
Principal $205/hr.

Licensed Architect $180/hr.

Draftsperson $150/hr.

ENGINEERS
Civil Engineer $200/hr.

Structural Engineer $220/hr.

MEP Engineer $175/hr.

OTHERS
Landscape Architect $150/hr.

Once the signed contract is received, we will begin work immediately. Billings shall be made to the Owner monthly in proportion to the Work completed plus reimbursable expenses, and are to be paid within fifteen (15) days of receipt. Invoices outstanding over thirty (30) days shall be subject to 1-1% per month interest charge.

Reimbursable expenses include blueprinting and any unusual expenses incurred and shall be in addition to any fees above. Blueprinting shall be billed at the multiple of 1.1 to cover processing and bookkeeping per the following reimbursable schedule:

Printing Invoice
Copying .25/page
In-house Blueprints $1/sheet
In-house color copies $1/sheet
Other Expenses Cost
The fees listed above, and the hourly rates listed are subject to a cost of living increase one year from the date of this Agreement.
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TIME OF PERFORMANCE
We estimate the following time frames to complete each phase of work:

Phase Time to Complete
Phase Ia, Design Development Revisions 3 weeks
Phase Ib, Preliminary Governmental Processing As required Phase IIa, Construction Documents Revisions 6 – 8 weeks Phase IIb, Plan Check As required
Phase III, Construction Observation As needed
It is agreed that if suit is filed or informal proceedings are needed to obtain or to enforce payment of the statement, Owner is to pay the Architect, in addition to the amount of the statement and interest thereon, all costs of collection including court costs, and such reasonable attorney's fees as the court may fix, or if collection is obtained without court action, then in the amount of fifteen (15) percent of the total amount due, including interest.

Owner hereby agrees that the balance as stated on the billing from the Architect to Owner is correct, conclusive and binding on the Owner unless Owner, within ten (10) days from the date of the making of the billing, notifies the Architect in writing of the particular item that is alleged to be incorrect. Payment for the Architect's services are not contingent upon the Owner's ability to collect monies due the Owner.

No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to Contractors.

If the Project is suspended by the Owner or abandoned in whole or in part, the Architect shall be paid his compensation for services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with reimbursable expenses then due.

DEFAULT
In the event Owner fails to pay the Architect within thirty (30) days after invoices are rendered, Owner agrees that the Architect shall have the right to consider said default a total breach of this Agreement and, upon written notice, the duties, obligations and responsibilities of the Architect under this Agreement are terminated. In such event, Owner shall then promptly pay the Architect all of the fees and charges for services rendered by the Architect.

DELAYS
Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the other's control. 249

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TERMINATION
This Agreement may be terminated by either party upon seven days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of others than the Architect, the Architect shall be paid his compensation for services performed to termination date, including reimbursable expenses then due and all terminal expenses.

SUCCESSORS AND ASSIGNS
The Owner and Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agreement. Neither the Owner or the Architect shall assign, sublet, or transfer his interest in this Agreement without the written consent of the other.

LIMITATION OF LIABILITY
The Owner agrees to limit the Architect’s liability to the Owner and to all Contractors and Subcontractors on the Project, due to professional negligent acts, errors or omissions of the Architect, to the sum of $50,000. or the Architect’s fee, whichever is smaller.

CLAIMS BY PARTIES
All claims, disputes, and other matters in question arising out of or relating to, this Agreement or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration rules of the American Arbitration Association then obtaining. This Agreement so to arbitrate shall be specifically enforceable under the prevailing arbitration law.

Notice of the demand for arbitration shall be filed in writing with the other party to the contract and with the American Arbitration Association. The demand shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations.

Should arbitration occur between the two parties relating to the provisions of this Agreement, or any act arising out of the performance of this Agreement, all expenses, collection expenses, witness fees, court costs and attorney's fees shall be paid by the non-prevailing party to the prevailing party.

The Owner agrees that the Architect can not be joined with any other person that is not a party to this Agreement either by joiner or consolidation except by the Architect's written consent.

APPLICABLE LAW
Unless otherwise specified, this Agreement shall be governed by the law of the principal place of business of the Architect.
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WARRANTY OF AUTHORITY TO SIGN
The person signing this Agreement warrants he has authority to sign as, and on behalf of, the Owner for whom or for whose benefit Thirtieth Street Architect's services are rendered. If such person does not have such authority, he agrees that he is personally liable for all breaches of this Agreement, and that in any action against him for breach of such warranty a reasonable attorney's fee shall be included in any judgment rendered.

The undersigned hereby acknowledges that he or she has reviewed and accepts all provisions of this Agreement including the payment schedule.

The confirmation is valid for a period of thirty (30) days from the date shown above. If not accepted within thirty (30) days it is void.

This Agreement executed on the day and year first written above.

OWNER THIRTIETH STREET ARCHITECTS, INC.

Authorized Agent John C. Loomis License #C8684
President
James C. Wilson License #C8994
Secretary/C.F.O.
251
Department: Public Works
Prepared By: Adrian Escamilla
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 10
SUBJECT: AN AMENDMENT TO THE DESIGN SERVICES AGREEMENT WITH HOLT ARCHITECTS, INC. FOR THE POLICE DEPARTMENT MEDIA ROOM DESIGN

CITY OF ONTARIO
Agenda Report
March 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council take the following actions:

A. Authorize the City Manager or his designee to execute Amendment No. 8 to the Design Services Agreement with Holt Architects, Inc., of Palm Desert, California, for the Ontario Police Department Media Room design in the amount of $273,918 for a total not-to-exceed contract amount of $1,328,984; and
B. Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Cable Access Fund for the Ontario Police Department Media Room design. The recommended Amendment will increase the contract amount by $273,918 for a total not-to-exceed contract amount of $1,328,984. The total contract amount of $1,328,984 includes on-call work performed for various citywide projects, including the Ontario Police Department Master Plan and Real Time Information Center and Training Division design.

BACKGROUND & ANALYSIS: On January 21, 2020, the City Council authorized a Design Services Agreement with Holt Architects, Inc. for on-call architectural, space planning, and engineering design services. On October 17, 2023, the City Council approved Amendments No. 6 and 7 to the Design Services Agreement with Holt Architects, Inc. for the Ontario Police Department Real Time Information Center and Training Division design and the Ontario Police Department Master Plan 252
design respectively.

The Media Room design will include improvements to the lobby area, formerly the museum, to incorporate a media room to accommodate the creative media team. The design will include interior renovations for new office equipment, audio and visual equipment, and a new conference area for media events. Staff recommends authorizing Amendment No. 8 to the Design Services Agreement with Holt Architects, Inc. for $273,198 for a total contract amount not-to-exceed $1,328,984.
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BB&K 2020
AMENDMENT NO. 8

TO THE DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
HOLT ARCHITECTS, INC.

1. Parties and Date.

This Amendment No. 8 to the Agreement (as defined herein) is made and entered as of ____________, by and between the City of Ontario (“City”) and Holt Architects, Inc., a California CORPORATION (“Consultant”) City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”

2. Recitals.

2.1 Agreement. The City and Consultant have entered into an agreement entitled “Oncall Architectural, Space Planning and Engineering Design Services” dated January 1, 2020 (“Agreement”).

2.2 Amendment Purpose. The City and Consultant desire to amend the Agreement toincrease the not-to exceed compensation amount to Two Hundred Seventy - Three Thousand, Nine Hundred Eighteen Dollars ($273,918), and amend the task list . The Parties have heretofore entered into that Amendment No. 1 dated March 30, 2020, Amendment No. 2 dated March 15, 2022 and that Amendment No. 3 dated April 19 , 2022, Amendment No. 4 dated February 7, 2023, Amendment No. 5 dated February 7, 2023, Amendment No. 6 dated October 17, 2023 and Amendment No. 7 dated October 17, 2023;.

2.3 Amendment Authority. This Amendment No. 8 is authorized pursuant to Section

3.1.1 of the Agreement.

3. Terms.

3.1 Services
Consultant shall provide the City with the Services described in the Scope of Services attached as Exhibit “A”.

3.10.1 Consultant’s Compensation for Basic Services.
"In no event shall the total amount paid for services rendered by Consultant exceed the sum of One Million, Three Hundred Twenty - Eight Thousand, 254
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Nine Hundred Eighty-Four Dollars ($1,328,984). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within 30 days of receipt of an invoice (per task) which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis."

3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 8, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 8. From and after the date of this Amendment No.8 whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 8.

3.4 Severability. If any portion of this Amendment No. 8. is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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BB&K 2020
SIGNATURE PAGE FOR AMENDMENT NO. 8 TO THE DESIGN SERVICES

AGREEMENT BETWEEN

THE CITY OF ONTARIO
AND HOLT ARCHITECTS, INC.

IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 8 as of the day and year first above written.

CITY OF ONTARIO HOLT ARCHITECTS, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
[If Corporation, TWO SIGNATURES,
President OR Vice President AND Secretary
OR Treasurer REQUIRED]
Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
256
Original Date: February 7, 2024
Liz Zazueta
City of Ontario Police Department
2500 S. Archibald Avenue
Ontario, CA 91761
RE: ONTARIO POLICE DEPARTMENT – MEDIA ROOM TENANT IMPROVEMENT Dear Liz:

Holt Architecture is pleased to provide you with this Proposal for Architectural and Engineering Services for the above-referenced Project.

Our understanding of the Scope of Work is as follows and outlined in the attached Exhibit ‘A’ – Scope of Work Plan.

A. Scope of Work:

We understand the Department is intending to complete an interior renovation to convert the previous Museum space into a new Media Room as identified in the attached exhibit. The currently identified Area of Work consists of approximately 1,700 SF with a majority of it consisting of the two-story height Exhibit Space.

Additionally, various ADA deficiencies have been identified on the site (existing ADA parking stalls and associated paths of travel) and inside the building. See attached “ADA Scope of Work” exhibit for additional information.

Supporting building systems (structural, mechanical, electrical, plumbing, technology) modifications necessary to support the new spaces are included in the Scope of Work.

A. Scope of Services:

The customary Architectural and Engineering development phases are included in this Proposal as follows:
- Due Diligence / Preliminary Design
- Design Development
- Construction Documents
- Agency Review / Approval
- Bid Assistance
- Construction Administration
Civil, Structural, Mechanical, Electrical, Plumbing, and Technology Engineering services are included in this Proposal.

Exhibit "A"
257
Liz Zazueta – City of Ontario Police Department
RE: Ontario Police Department – Media Room T.I.

P a g e | 2
36951 Cook Street, Suite 103 | Palm Desert, CA 92211
2300 Market Street, Suite 140 | Riverside, CA 92501
760.328.5280 o
B. Assumptions / Exclusions:

1. LEED design/certification is not required.

2. Low-Voltage System design is included in this Proposal.

3. Structural System modification / retrofit is not included in this Proposal. It is assumed all necessary modifications to support the new design can be provided in the Scope of Work so as to not require a retrofit of the existing area/facility.

4. All Building Systems have sufficient capacities to support the new designs. Studying upsizing existing systems may require additional services to be reviewed with the OPD project team.

5. Electrical Circuit Tracing is not included in this Proposal. If circuits supporting existing spaces within the Area of Work are unknown, circuit tracing can be provided as additional services to be reviewed with the Owner.

6. Exterior building improvements with exception of the ADA specific items noted in the attached exhibit are not included in this Proposal.

7. Fire Alarm / Fire Sprinkler System design and system evaluations are not included in this Proposal and are intended to be listed as a Deferred Approval.

C. Schedule:

Upon receipt of a Purchase Order, an Overall Project Schedule will be developed in collaboration with the OPD project team to establish critical milestones and completion timelines.

D. Compensation:

We propose to accomplish the above Scope of Services as a lump-sum, fixed fee to be billed as a percentage of completion monthly as follows:
• Base Services 229,570
SUB-TOTAL $244,570
Fee Contingency (10%) $24,457
Reimbursable Allowance (2%) $4,891
BASE SCOPE FEE TOTAL $273,918
258
Liz Zazueta – City of Ontario Police Department
RE: Ontario Police Department – Media Room T.I.

P a g e | 3
36951 Cook Street, Suite 103 | Palm Desert, CA 92211
2300 Market Street, Suite 140 | Riverside, CA 92501
760.328.5280 o
Reimbursable expenses will accompany the monthly invoices. If the Scope of Work or the costs of Construction increase by more than 10%, our Compensation shall be adjusted accordingly.

This proposal is valid for sixty (60) days from the date of this letter.

We appreciate the opportunity to be of service to you. Please contact me with any questions regarding this proposal.

Sincerely,

HOLT ARCHITECTURE
_________________________________________
Matt Acton, NCARB
Principal
259
Department: Utilities
Prepared By: Joline Neal
Staff Member Presenting:

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

LLC FOR COMPLIANCE WORKFLOW AUTOMATION SOFTWARE

CITY OF ONTARIO
Agenda Report
March 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or his designee, to execute Amendment No. 2 to Professional Services Agreement with NJBSoft LLC, of Phoenix, Arizona, for the use of SAMS Water, Cross Connection, and Industrial Pretreatment Program Compliance Software modules in the amount of $50,000 for Fiscal Year 2023-24, with the unilateral option to extend the Agreement for up to two successive one-year periods (FY2024-25 to FY2025-26); and authorize the annual cost of $50,000 per year, for a total not-to-exceed amount of $275,500 consistent with City Council approved budgets.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT: The Fiscal Year 2023-24 Adopted Budget includes appropriations in the Water and Sewer Operating Funds to cover the cost for annual licensing for SAMS Water, Cross Connection, and Industrial Pretreatment Program Compliance Software modules. The proposed Amendment to the Professional Services Agreement increases the authorized contract amount by $50,000 for a revised new total not-to-exceed amount of $175,500. Should the City exercise the remaining two successive one-year extensions, the projected total amount to be expensed for the five years would amount to a total not-to-exceed amount of $275,500. There is no impact to the General Fund.

BACKGROUND & ANALYSIS: The Ontario Municipal Utilities Company’s (OMUC) Environmental and Water Quality Programs implemented automated workflow software on March 1, 2022. The original Agreement was for setup, implementation, deployment of the program, and user training. Prior to implementation of this automated workflow system, Staff managed all data and compliance tracking in a standard spreadsheet software program. The additional costs per year will include annual license costs for Water, Cross Connection, and Industrial Pretreatment Program Compliance.

The software is now live, and it is being utilized to manage environmental compliance with 260
industrial waste permits (issued by the City), drinking water data analysis, backflow prevention assembly testing, and recycled water inspection and testing. The software maintains facility and asset information (inventory); tracks regulatory and reporting due dates; generates reports for local, state, and federal regulatory reporting; determines compliance with state and federal water quality regulations; and provides a customer portal to electronically submit test results. 261
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Department: Economic Development
Prepared By: Karla Tavera
Staff Member Presenting:

Jennifer McLain Hiramoto, Economic
Development Director
Approved By:

DISBURSEMENT AGREEMENT

CITY OF ONTARIO
Agenda Report
March 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve a Management and Disbursement Agreement with the Downtown Ontario Improvement Association for the administration of the Downtown Ontario Community Benefit District.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is no direct fiscal impact associated with this action. The County of San Bernardino Tax-Collector will collect the assessment payments and send them to the City twice a year. This arrangement lets the City pass on the collected money to the Downtown Ontario Improvement Association. It is estimated the total amount of collected assessments will be around $487,000.

BACKGROUND & ANALYSIS: On January 16, 2024 the City Council approved a 10-year renewal of the Downtown Ontario Central Business District (the District) following voter approval by property owners within the District. The purpose of the District is to provide services and improvements benefitting Downtown property owners which enhances public safety, cleanliness and economic development in Downtown.

There is currently an existing Board of Directors responsible for administering and managing the day-to-day operations of the District. The Management and Disbursement Agreement allows the City to transfer collected assessments to the Management Corporation, known as the Downtown Ontario Improvement Association (DOIA), in order to provide all necessary services to the district. 263
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MANAGEMENT AND DISBURSEMENT AGREEMENT
by and between

CITY OF ONTARIO,
a California Municipal Corporation,
and

DOWNTOWN ONTARIO IMPROVEMENT ASSOCIATION,
a California Non-Profit Public Benefit Corporation
March 19, 2024
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2 This Management and Disbursement Agreement (“Agreement”) between the City of Ontario, a municipal corporation, (the “City”) and the Downtown Ontario Improvement Association, a California Non-Profit Public Benefit Corporation, (the “DOIA”) is entered into this 19th day of March 2024 (“Effective Date”). City and DOIA shall respectively be referred to as the “Party” or collectively as the “Parties.”

RECITALS
WHEREAS, on January 16, 2024, the City Council adopted Resolution No. 2024-002, approving the renewal of the Downtown Ontario Community Benefit District of 2019 (“District”) pursuant to the California Streets and Highway Code, Section 36660 for an additional ten (10) year term; and
WHEREAS, the Management District Plan for the District (“District Plan”) and Engineer’s Report that provide the legal basis for the District describe and set forth the intended particular and special benefit the property owners in the District will receive from the ongoing services, including, security, sidewalk maintenance, beautification, promotional, and marketing activities and improvements to be provided by the DOIA through implementation of the District Plan (the “District Plan Improvements”); and
WHEREAS, the City through a District ballot held on Jnaury 16, 2024 received more than 50% weighted approval to levy and collect the property tax assessments for use and administration pursuant to the District Plan; and
WHEREAS, the District Plan Improvements will be funded through an annual levy of special assessments upon real property within the District (the “Assessments”), commencing Fiscal Year 2024-25 and continuing for ten (10) consecutive years through Fiscal Year 2033-34. For purposes of levying and collecting the Assessments within the District, a fiscal year shall commence on each July 1 and end on the following June 30; and
WHEREAS, DOIA is responsible for implementing the District Plan; for creating a District budget and policies to comply with the District Plan; for preparing and filing quarterly and annual reports with the City reflecting compliance with the District Plan; and for overseeing the day-to-day implementation of the District Plan Improvements; and
WHEREAS, the Parties desire to enter into an Agreement in order to coordinate their respective activities necessary for the successful operation, administration and implementation of the District Plan and District Plan Improvements.

NOW THEREFORE, the recitals set forth above are incorporated herein by this reference and the Parties to this Agreement do hereby covenant and agree as follows:

1. Scope of Disbursement Duties. DOIA agrees to promptly perform all duties specified in the District Plan, attached hereto as Exhibit A, incorporated herein by this reference, and on file with the City Clerk. DOIA and the City shall each respectively designate an individual or individuals who shall be responsible for communications with each other for the duration of this Agreement. Nothing in this Agreement shall be construed to require DOIA to perform as specified in the District Plan if funds are not available to perform those duties due to lack of funding from Assessments or other revenues from operation of the District (the “District 265
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3 Revenues”). DOIA shall notify City in writing as soon as DOIA is aware that District Revenues are insufficient or not available to perform duties specified in the District Plan.

2. Method of Performing Disbursement Duties. The method, details and means of performing the disbursement of District Revenues shall be as described in the District Plan attached hereto as Exhibit A, and as set forth herein (the “Disbursement Duties”). In the event of any conflict between the District Plan and this Agreement, disbursement of District Revenues shall be for the special benefits described in the District Plan.

3. District Term. DOIA’s Disbursement Duties shall begin on December 1, 2024, or as soon as the first year Assessments have been transferred to the DOIA. DOIA shall complete their Disbursement Duties by December 31, 2034 , subject to the annual review and termination provisions in section 13 of this Agreement.

4. DOIA Responsibilities.

4.1 Program Implementation and Operation. DOIA shall be fully responsible for developing, implementing, directing and operating the District Plan. DOIA assumes all responsibility for completing activities required to implement the District Plan and its programs.

4.2 Competitive Bidding. DOIA shall competitively bid all contracts over $25,000 and shall keep and provide copies of all bids submitted for review to any affected property owners or to the City upon request. The lowest bidder will not necessarily receive the contract that is bid. The quality, performance, and experience of bidding contractor shall be taken into consideration prior to the awarding of each contract. The maximum contract term shall be three (3) years for competitively bid projects, unless the contractor provides a 60-day escape clause, without cause, in their agreement with the DOIA.

4.3 Separate Bank Account for District Revenues. All District Revenues received by DOIA pursuant to this Agreement shall be held in a bank account separate and apart from any other funds managed or administered by DOIA, and shall not be co-mingled with any other funds (the “Account”). Copies of all DOIA District Revenue Account statements shall be made available to the City upon request. DOIA shall provide the City with evidence of the establishment of the required District Revenue Account prior to the City transferring any Assessments to the DOIA.

4.4 Use of Downtown Ontario Community Benefit District or DOIA Name. The name “Downtown Ontario Community Benefit District” or the “Downtown Ontario Improvement Association” as its management corporation, or an appropriate abbreviation, shall appear on all marketing and promotional materials funded in part or in whole by District Revenues.

4.5 Reporting to Property Owners within the District. A statement of activities/programs funded by District Revenues, and the cost of each such activity or program shall be mailed to every property owner within the District by January 31st of each year during the Term (the “Activity Statement”). A copy of the Activity Statement and a list of 266
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4 property owner names and addresses shall be provided to the City no later than January 15th of each year during the Term.

4.6 Open Meetings Laws. DOIA shall comply with the open meeting requirements of the Ralph M. Brown Act, commencing with California Government Code section 54590 et seq. with regard to its performance of this Agreement.

4.7 Program and Budget Reports.

4.7.1 Reports, Work Plans and Budgets. On or before April 30, 2024 and quarterly thereafter, the DOIA shall submit quarterly reports to the City. The Board minutes and Committee minutes taken by the DOIA and provided to the City, may serve in the capacity of these quarterly reports to the City provided that the Board minutes and Committee minutes are chronologically organized and the summary of key accomplishments, expenditures, work and planning efforts authorized by the District Plan are included (“the Quarterly Reports”). The Quarterly Reports and Annual Work Plan and Budget shall be prepared in accordance with Sections 36533 and 36622 of the Streets and Highways Code, and Article XIII.D of the California Constitution. If changes to the Annual Report and Budget are requested that would require a public hearing and/or a public meeting pursuant to state law, or which would affect the Assessment database and resulting budget of the upcoming fiscal year, then such modification shall be submitted prior to May 1st of each year. The City must report any changes to the database or boundaries to the County by July 15th of each year during the Term. The Budget for any year shall not be effective until approved by the City.

4.7.2 Budget. Each program or activity specified in the District Plan and succeeding programs and activities shall be implemented within the approved budget amounts in accordance with the District Plan and this Agreement. Any obligations or expenditures not specifically budgeted shall not be paid from District Revenues and shall not constitute a debt of the City.

4.7.3 City’s General Fund Not Liable. Neither the City’s General Fund, nor any other City fund, revenue source, or any other City monies, except the actual Assessment for property the City owns in the District, shall be collected from the County and transferred to the DOIA. The City shall only be responsible for payment of its property Assessment as a property owner in the District. All Parties acknowledge and agree that any unpaid Assessments in the District are not a debt of the City, nor a legal or equitable pledge, charge, lien or encumbrance upon any City property or upon City income, receipts or revenues.

4.8 Financial Statements.

4.8.1 Annually in conjunction with the Annual Report and Budget, DOIA shall prepare financial statements that document the disposition, commitment, and line item expenditures of all District Revenues received during the previous 267
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5 calendar year (the “Financial Statement”). The Financial Statement shall be prepared by a Certified Public Accountant (CPA) acceptable to, and approved in writing, by the City. The City may request a full audit of the Financial Statement, if in its sole and absolute discretion, the City believes such an audit is necessary.

4.8.2 The City’s review of the Financial Statement shall be conducted in accordance with Government Auditing Standards (2018 and subsequent revisions) prescribed by the Comptroller General of the United States. All other audits, if requested by the City, shall be prepared in accordance with Generally Accepted Accounting Principles in the United States of America.

4.8.3 Any District Revenues necessary to cover DOIA’s portion of the Financial Statement shall be set aside in the Budget.

4.8.4 The Financial Statement shall be delivered to the City at the same time as the Annual Report and Budget, however in no event later than sixty (60) days after the close of the DOIA’s fiscal year (currently December 1st – November 30th).

The DOIA shall notify the City in writing prior to any change in the dates of the DOIA’s fiscal year.

4.9 Program Coordination. DOIA shall complete its Disbursement Duties and shall cooperate with the City in the implementation of the District Plan, including program development and coordination of District activities with City functions.

4.10 Assessment Records. DOIA shall maintain a complete database for each parcel assessed within the District, containing the following information:

4.10.1 Assessor’s Parcel Number

4.10.2 Street Address

4.10.3 Name and Address of Owner(s) of Record

4.10.4 Amount of the Assessment Levied

4.10.5 Proportionate Financial Obligation Imposed, compared to District

4.10.6 Assessment Calculations, including all variables used DOIA agrees to maintain such information and make it available to the City and property owners within the District during regular business hours.

4.11 Annual Assessment Preparation. By May 15th, of each operating year, DOIA shall provide the City with Assessment data for the subsequent tax year (July 1 – June 30), in a format prescribed by City. The Assessment data shall include all of the information required in “Assessment Records,” paragraph 4.10 herein above. 268
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6 4.12 Liaison with Community. DOIA shall maintain on-going communication and coordination with District property owners, residents and property owners, which shall include:

4.12.1 Annual Meeting. At its own cost and expense, DOIA shall organize and conduct, at a minimum, one annual public meeting to be noticed in writing mailed to all record owners of property in the District. This meeting will be conducted at a location convenient to the District. A City representative may attend as a member of the panel to provide information and assistance.

4.12.2 Other Events. Such other events and activities involving District members that encourage attainment of the District goals and objectives.

4.12.3 Cost and Expense Records. DOIA shall maintain full and complete records of activities performed under this Agreement. Such records shall be open to inspection by the City, and shall be maintained for a minimum of four (4) years after the termination of this Agreement.

4.12.4 Payment of Taxes. DOIA is responsible for paying, when due, all taxes, including income taxes, if any, including estimated taxes, incurred as a result of activities completed under this Agreement. On request, DOIA will provide City with proof of timely payment of any taxes. DOIA agrees to indemnify and defend City with counsel acceptable to the City for any claims, costs, losses, fees, penalties, interest or damages suffered by City resulting from DOIA’s failure to comply with this provision.

4.12.5 Payment of Expenses. DOIA will be responsible for all expenses incurred in performing its Disbursement Duties under this Agreement.

4.12.6 Tools, Materials and Equipment. DOIA will supply all tools, materials and equipment required, if any, to perform the Disbursement Duties.

4.12.7 Compensation. DOIA agrees and understands that it shall receive no compensation for any of the Disbursement Duties or other obligations set forth in this Agreement.

5. City Responsibilities.

5.1 Administration. This Agreement shall be administered by the City Manager or his/her designee (referred to herein as “City”) on behalf of the City. The City agrees to:

5.1.1 Coordinate the collection of the annual Assessment through an agreement with the County of San Bernardino; ensure the billing of those public or tax-exempt entities not billed through the County of San Bernardino property tax billing procedures; and monitor the payment process to obtain timely payment of Assessments by public entities and other tax-exempt District property owners.
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7 5.1.2 Provide timely District property tax roll information to the County of San Bernardino Auditor-Controller to include the annual Assessment amounts on the County’s property tax bills;

5.1.3 Provide general information to DOIA, the assessed property owners, and the public;

5.1.4 Direct the disbursement of collected Assessments to DOIA in accordance with this Agreement and the approved Annual Report and Budget;

5.1.5 Use its best efforts to distribute the Assessments to the DOIA in a prompt manner; and

5.1.6 Perform other related tasks, as agreed to by the City.

5.2 Discrepancies and Assessment Disputes. The City may assist with the resolution of any discrepancies in individual Assessment amounts or calculations and has the authority to:

5.2.1 Conduct reviews and or audits of any Assessment related data; verify Assessment data as compiled by any consultant, sub-consultant, or other thirdparty hired by DOIA; perform field or on-site inspections to verify the accuracy of Assessment data or investigate any Property owner claims concerning the accuracy of any Assessment data.

5.2.2 Recalculate the Assessment amount due and request the San Bernardino County Auditor-Controller (the “CAC”) to make the requested adjustments.

Provided however (i) the City shall not increase any Assessment beyond that of the maximum annual Assessment as defind in the Engineer’s Report as a result of any recalculation request; and (ii) in the event the CAC does not honor the City’s request to recalculate the Assessment the City shall not be liable in any way for any Assessments other than its own, and shall not be obligated to pursue any action against the CAC to obtain any adjustment or recalculation.

5.3 Disbursements. The annual District Assessments will be collected through the County property tax collection procedures and will be transmitted to the City pursuant to agreements between the City and County. Except for the costs defined in Paragraph 6, below, City shall disburse the collected Assessments to DOIA pursuant to the terms and conditions of this Agreement. The City shall not be obligated to disburse Assessments which have not been collected. Upon request by DOIA and with approval of the City subject to compliance with this Agreement, any Assessments received by the City that are in excess of the annual Assessment (delinquent Assessments, penalties, interest, etc.) shall be disbursed to the DOIA upon receipt.

5.3.1 Assessment Disbursement Schedule. Contingent upon receipt of District Assessment funds from the County of San Bernardino and contingent upon DOIA’s compliance with this Agreement and the District Plan, the City shall disburse to the DOIA the Assessments received from the County on or about the following dates and in accordance with the following percentages. Said 270
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8 disbursements shall include an accounting of the property Assessments paid per parcel. On or about:

December 20th Approximately fifty percent (50%) of annual Assessment received from the County, or the full amount transferred by the County to the City in the December installment, whichever is greater. This distribution shall also include those
Assessments authorized to be collected by the City for taxexempt parcels within the boundaries of the District.

April 30 Approximately fifty percent (50%) of the annual Assessment received from the County, or the full amount transferred by the County to the City in the April installment, whichever is greater. This distribution shall also include those Assessments authorized to be collected by the City for tax-exempt parcels within the boundaries of the District.

June 20th Any additional Assessment amounts transferred to the City that were collected during the fiscal year (terminating on June 30th) and transferred to the City, shall be forwarded to DOIA based on the schedule set forth in this 5.3.1. Said additional amounts may include any delinquency or penalty amounts
from the late or non-payment of Assessments by any property owner in the District. This distribution shall also include those Assessments authorized to be collected by the City for taxexempt parcels within the boundaries of the District.

5.4 Subsequent Adjustments. If there is an adjustment in the Disbursement due to changes in receipts of the District, such Disbursement may be adjusted in the following year.

The City shall not be responsible for delays in payment due to delays in transmittal by the County.

5.5 City Review of Financial Summary. The City reserves the right at any time to request a current financial summary of all District Revenues committed and/or spent during the previous quarter(s) from DOIA. DOIA shall submit such financial summary to the City within thirty (30) business days of the City’s request. The City reserves the right to review the summary and to refuse to disburse any further installments if it is not satisfied with the statement or with regard to the propriety of DOIA’s commitment or expenditure during the previous quarter(s).

6. Costs and Expenses. The Parties acknowledge that the County of San Bernardino will deduct from the funds collected on behalf of the District the County’s administrative costs for the collection and distribution of Assessments to the City (the “County Administrative Costs”).

All distributions of Assessments from the City to the DOIA will be net of the County Admnisitrative Costs and the City shall not be responsible for distributing any additional proceeds.
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9 7. Ownership of Documents. The designs, plans, reports, files invoices, investigation materials documents prepared or acquired by or for DOIA pursuant to this Agreement become the joint property of the City and DOIA. DOIA agrees to exercise diligence in providing for the secure storage of all such materials and to provide copies for official City records upon request from City.

8. Independent Contractor. It is expressly agreed that in the performance of this Agreement, DOIA is an independent contractor and is not an employee of City. DOIA retains the right to control and supervise its activities, and employment, direction, compensation and discharge of all persons assisting DOIA in the performance of this Agreement. DOIA shall be solely responsible for all matters relating to the payment of its employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for DOIA's own acts and those of DOIA’s subordinates and employees.

9. DOIA Not Agent of City. Neither DOIA nor any of its employees, agents, representatives or subcontractors are or shall be deemed to be agents of the City for any purpose, including fulfillment of DOIA’s obligations pursuant to this Agreement.

10. DOIA’s Qualifications. DOIA represents that it has the qualifications and skills necessary to perform the Disbursement Duties under this Agreement in a competent and professional manner without the advice or direction of City. Failure to perform all of the Disbursement Duties constitutes a material breach of this Agreement and is cause for termination.

11. Non-Exclusive Relationship. DOIA may perform services for, and contract with other clients, persons or companies in its sole discretion so long as such services and contracts do not breach this Agreement.

12. The DOIA. DOIA shall, at all times, comply with all requirements of the Property and Business Improvement District Law of 1994, commencing with Section 36600 et seq. of the California Streets and Highway Code.

13. Term and Termination. This Agreement shall become effective on the Effective Date and terminate on December 31, 2034 (the “Term”); unless it is otherwise extended by mutual written agreement of the Parties.

13.1 Early Termination. Either Party may terminate this Agreement at any time upon giving the other Party thirty (30) days written notice.

13.2 Termination for Default. If either Party defaults in the performance of any of the terms and/or provisions to be performed by a Party pursuant to this Agreement, then the nondefaulting Party shall provide written notice to the defaulting Party describing the default and requesting a cure (“Default Notice”). If such default is not cured within thirty (30) days (or such other time as agreed to by written agreement of the Parties if the default is not susceptible to cure within said thirty-day period) after the Default Notice is mailed or delivered, then the non-defaulting Party may terminate this Agreement. To the extent the alleged default concerns or relates to the use or expenditures of District Revenues, DOIA shall hold all unencumbered District Revenues in an escrow account until the default is cured. 272
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10 14. Inspection of Books and Records. During the Term, and for a period of four (4) years after the Term, or two (2) years after the closure of any disputed matter, whichever occurs later, (the “Audit Period”), DOIA shall maintain financial and operational records related to this Agreement, which include, but are not limited to, the Annual Financial Statements, the Annual Reports and Budgets and any audits (the “Books and Records”). Within fifteen (15) days of a City request to inspect Books and Records, DOIA shall make all Books and Records open to inspection by the City, or its designee during normal business hours.

15. Non-Discrimination in Employment. DOIA certifies and agrees not to discriminate against any employee or person who is subject to this Agreement because of race, color, religion, religious belief, national origin, ancestry, citizenship, age, sex, sexual orientation, marital status, pregnancy, parenthood, medical condition, or physical or mental disability. Evidence of discrimination shall be sufficient cause for termination of this Agreement.

16. Public Liability and Property Damage Insurance. DOIA shall assume all responsibility for damages to property and injuries to persons, including accidental death, which may arise out of or may be caused by DOIA’s performance of this Agreement, by its subcontractors or by anyone DOIA directly or indirectly employed, and whether such damage or injury may accrue, or may be discovered, before or after termination of this Agreement. At its own expense, DOIA shall obtain, pay for and maintain during the life of the Agreement an "occurrence" policy for Commercial General Liability (including Contractual Liability) and for Automobile Liability which shall protect it and Owner from claims for injuries and damages. The policy shall name the “The City of Ontario, the Ontario Successor Agency, their officers, agents and employees” as additional insureds under the policy in the following amounts:

16.1 COMMERCIAL GENERAL LIABILITY INSURANCE in an amount not less than Two Million Dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to any one person; property damage insurance in an amount not less than Two Million Dollars ($2,000,000) and subject to the above limits and combined single limit of insurance in an amount not less than Three Million Dollars ($3,000,000); and

16.2 AUTOMOBILE LIABILITY INSURANCE endorsed for all vehicles (whether rented, leased, hired, scheduled, owned or non-owned), in an amount not less than One Million Dollars ($1,000,000) per occurrence for personal injuries, including accidental death, to any one person; property damage insurance in an amount not less than One Million Dollars ($1,000,000) and subject to the above limits and combined single limit of insurance in an amount not less than One Million Dollars ($1,000,000).

16.3 At all times, the insurance company issuing said policy shall be an “admitted” insurer in the State of California; shall be domiciled within, and organized under the laws of, a state of the United States; and shall carry an A.M. Best & Company minimum rating of AA:VII.

16.4 All policies shall contain a “Severability of Interest” clause and a “Primary Coverage” clause for any loss arising out of or caused by DOIA’s performance of the Agreement.

In addition, the policies shall contain a statement of obligation on the insurance 273
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11 carrier’s part to notify City, by registered mail, at least thirty (30) days in advance of any policy cancellation, termination or reduction in the amount of coverage.

16.5 DOIA shall deliver to City a “certificate of insurance” and an “additional insured endorsement”, both documents countersigned by the insurance carrier or its authorized representative, on forms satisfactory to the City Attorney, which set forth the above provisions. The DOIA shall submit this certificate of insurance by March 19, 2024.

16.6 The countersigned certificate, along with the additional insured endorsement, shall state: “The City of Ontario, the Ontario Successor Agency, their officers, agents and employees are named as additional insureds under this policy. This insurance is primary to the coverage of the City of Ontario and the Ontario Successor Agency.

Neither the City nor the Ontario Successor Agency or any of their insurers shall be required to contribute to any loss. This policy contains a severability of interest clause.

The issuing company shall mail thirty (30) days advance notice to the City of any policy cancellation, termination or reduction in the amount of coverage.”

16.7 Additionally, the certificate of insurance shall state if any claim has been paid or is currently pending under the policy, and if so, the amount of the claim(s) and the amount of liability limits as lowered by the paid or pending claim(s). Any deductibles or self-insured retentions shall be set forth on the certificate and shall be subject to City’s review and approval.

16.8 Workers’ Compensation Insurance. DOIA understands and agrees that all persons furnishing services to DOIA under this Agreement are, for the purpose of workers’ compensation liability, employees solely of DOIA and not of City. DOIA shall bear the sole responsibility and liability for furnishing workers’ compensation benefits to its employees, or anyone it directly or indirectly employs, for injuries arising out of or connected with services performed on behalf of DOIA.

16.8.1 At its own expense, DOIA shall obtain, pay for, and maintain for the duration of the Agreement, complete workers’ compensation insurance. DOIA shall provide proof of workers’ compensation coverage by delivering to City either an insurance certificate or a certificate of consent to self-insure. The City shall not be responsible for any claims at law or in equity caused by DOIA’s failure to comply with this paragraph. All workers’ compensation insurance policies shall bear an endorsement, or shall attach a rider, which provides that the insurer will notify City, by registered mail, at least thirty (30) days in advance of the policy’s expiration, termination or cancellation and which provides a waiver of subrogation as to the City.

16.9 DOIA’s Failure to Obtain, Pay For, or Maintain Insurance. DOIA shall deliver to City the required certificate(s) of insurance and endorsement(s) before City signs this Agreement. DOIA’s failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which City may immediately terminate or suspend this Agreement. In the event of any termination or suspension, City may use the services of another consultant or consultants, without City incurring any liability to DOIA. At its sole discretion, City may obtain or renew DOIA’s insurance, and City 274
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12 may pay all or part of the premiums. Upon demand, DOIA shall pay City all monies paid to obtain or renew the insurance. City may offset the cost of the premium against any monies due DOIA from City.

17. Laws. The DOIA shall comply with all laws, statutes, ordinances and rules of all applicable governmental authorities unless the Owner is contesting or has affirmed its intention to contest any such law, statute, ordinance, rule, regulation, order, or requirements pursuant thereto and the City provides written agreement such contest is valid.

18. Indemnification. Throughout the term of this Agreement, as and from the date hereof, DOIA agrees to defend, indemnify and hold harmless to the maximum extent permitted by law, the City of Ontario, the Ontario Successor Agency, its officers agents and employees (“Indemnitees”), from and against any and all liabilities, suits, proceedings, judgments, claims, charges, damages, liens, causes of action, losses or injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless of whether the allegations are false, fraudulent or groundless), costs and expenses (including attorney’s fees for counsel acceptable to City, litigation, arbitration, mediation, appeal expenses) which in whole or in part arise out of or are connected with acts or omissions of, performance of, or breach of this Agreement by DOIA or DOIA's independent contractors, agents, employees or delegates. In the event of any such claim, demand, proceeding or lawsuit against the Indemnitees, DOIA agrees to assume the immediate defense of Indemnitees by hiring and paying for legal counsel acceptable to City. DOIA’s obligations under this paragraph shall apply, regardless of any sole, active and/or passive negligence of City, regardless of any willful misconduct of Indemnitees, and regardless of the degree of DOIA’s or Indemnitee’s fault in causing the harm that results in the claim, demand, proceeding or lawsuit.

19. Political Prohibition. Subject to applicable State and Federal laws, monies paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, nor for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government.

20. Conflict of Interest

20.1 DOIA certifies that no member of, or delegate to the Congress of the United States shall be permitted to share or take part in this Agreement or in any benefit arising therefrom.

20.2 DOIA certifies that no member, officer, or employee of the City who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter.

20.3 DOIA shall immediately notify the City of any real or possible conflict of interest between work performed for the City and for other clients served by DOIA.

20.4 DOIA warrants and represents, to the best of its present knowledge, that no employee of the City who has been involved in the making of this Agreement, or who is a member of a City Council, board, or commission which has been involved in the making of this Agreement whether in an advisory or decision-making capacity, has or 275
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13 will receive a direct or indirect financial interest in this Agreement in violation of the rules contained in California Government Code Section 1090 et seq., pertaining to conflicts of interest in public contracting. DOIA shall exercise due diligence to ensure that no such employee will receive such an interest.

20.5 DOIA further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matters already made by DOIA to City, that no employee of the City who has participated in decision-making concerning this Agreement or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in DOIA or this Agreement. For purposes of this paragraph, an official is deemed to have an “economic interest” in any (a) forprofit business entity in which the official has a direct or indirect investment worth $2,000 or more, (b) any real property in which the official has a direct or indirect interest worth $2,000 or more, (c) any for-profit or non-profit business entity in which the official is a director, officer, partner, trustee, employee or manager, or (d) any source of income or donors of gifts to the official (including non-profit entities) if the income or value of the gift totaled more than $500 the previous year. DOIA agrees to promptly disclose to City in writing any information it may receive concerning any such potential conflict of interest. DOIA’s attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 et seq.) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.).

20.6 DOIA shall incorporate or cause to be incorporated into all subcontracts for work to be performed under this Agreement a provision governing conflict of interest in substantially the same form set forth herein.

21. No Waiver. Nothing herein is intended to waive any applicable federal, state or local conflict of interest law or regulation.

22. Remedies and Sanctions. In addition to the rights and remedies otherwise available to the City under this Agreement and under federal, state and local law, DOIA understands and agrees that, if the City reasonably determines that DOIA has failed to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the conflict situation, the City may (1) suspend payments under this Agreement, (2) terminate this Agreement, and (3) require reimbursement by DOIA to the City of any amounts disbursed under this Agreement. In addition, the City may suspend payments or terminate this Agreement whether or not DOIA is responsible for the conflict of interest situation.

23. Assignment. DOIA shall not assign or otherwise transfer any rights, duties, obligations or interest in this Agreement or arising hereunder to any person, persons, consultant or subconsultant, entity or entities whatsoever without the prior written consent of City and any attempt to assign or transfer without such prior written consent shall be void. Consent to any single assignment or transfer shall not constitute consent to any further assignment or transfer.

24. Time of the Essence. Time is of the essence in the performance of this Agreement. 276
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14 25. Commencement, Completion and Close Out. It shall be the responsibility of the DOIA to coordinate and schedule the work to be performed so that commencement and completion take place in accordance with the provisions of this Agreement. Any time extension granted to DOIA to enable DOIA to complete the work must be in writing and shall not constitute a waiver of rights the City may have under this Agreement. Should the DOIA not complete the work by the scheduled date or by an extended date, the City shall be released from all of its obligations under this Agreement.

26. Governing Law and Venue. This agreement shall be governed by the laws of the State of California. Venue shall be held exclusively in the County of San Bernardino.

27. Notices. If either party shall desire or be required to give notice to the other, such notice shall be given in writing, and shall be determined to be provided when personally delivered or when placed in the U.S. certified or registered postage, addressed to recipient as follows:

For the City of Ontario:

City of Ontario
303 E. B Street
Ontario, CA 91764
Attn: Mr. Scott Ochoa, City Manager
For DOIA:

Downtown Ontario Improvement Association
425 N. Euclid Avenue
Ontario, CA 91762
Attn: Mr. Alex Barorian, President

28. Entire Agreement of the Parties. This Agreement supersedes any and all agreements, either oral or written, between the Parties with respect to the rendering of Disbursement Duties by DOIA for City with regard to the Downtown Ontario Community Benefit District and contains all of the representations, covenants and agreements between the Parties with respect to the rendering of those duties. Each Party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any Party, or anyone acting on behalf of any Parties, which are not contained in this Agreement, and that no other agreement, statement or promise not contained in this Agreement will be valid or binding.

29. Modification. Any alteration, change or modification of or to this Agreement shall not be effective unless made in writing in each instance signed on behalf of each Party.

30. Severability. If any term, provision, or covenant of this Agreement, or its application to any Party or circumstances shall be held by a court of competent jurisdiction, to be to any extent, invalid, void or unenforceable, the remaining provisions will continue in full force and effect without being impaired or invalidated in any way.
[SIGNATURES APPEAR ON NEXT PAGE]
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15 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the respective dates set forth below.

CITY:

City of Ontario, a Municipal Corporation
____________________________
Scott Ochoa, City Manager
DOIA
Downtown Ontario Improvement Association,
a California non-profit corporation
_____________________________
Alex Barorian, President, DOIA
____________________________
(Date)
_____________________________
(Date)
Approved as to form and legality:

BEST BEST & KRIEGER LLP, CITY ATTORNEY
By: _________________________
City Attorney
278
16 Exhibit A
Downtown Ontario Community Benefit District Management Plan 279
Department: Utilities
Prepared By: Dennice Raygoza
Staff Member Presenting:

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

UTILITY SYSTEMS FOR SOFTWARE LICENSING, MAINTENANCE AND SUPPORT

SERVICES FOR THE CUSTOMER INFORMATION SYSTEM (CIS)

CITY OF ONTARIO
Agenda Report
March 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council approve and authorize the City Manager, or his designee to execute Amendment No. 2 to Professional Services Agreement with Advanced Utility Systems, a subsidiary of Harris Computer Systems of Ottawa, Ontario, Canada for utility billing system software licensing, maintenance and support services in the amount of $1,707,215 for a three year period, with the option to extend the term for two successive one-year periods, for a new total not-to-exceed amount of $5,284,481 which includes the initial purchase and implementation.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: The Fiscal Year 2023-24 Budget includes appropriations from the Information Technology, Water, Sewer, and Integrated Waste Operating Funds for these services. Additionally, appropriations in the Information Technology, Water, Sewer and Integrated Waste Operating Fund will be included in the Fiscal Year 2024-25 Proposed Budget.

The City and Advance Utility Systems (AUS) have agreed to annual license fees that may escalate as new City users are added and up to 5% per year based on inflation factors. The fees for calendar year 2024 are $232,062, for the CIS Infinity software, Infinity Link software, Infinity Mobile Enterprise – Service Link software, and for the fixed billing rates for additional on-call as-needed technical support and training services. AUS will be compensated for the annual license fees and completion of the scope of work as required by the City at the approved billing rates. The total compensation paid to the consultant in any year under the terms of the agreement will be commensurate with the City Council approved plans and budgets. There is no impact to the General Fund. 280
BACKGROUND & ANALYSIS: Through the CIS Infinity software (System), staff produces about 40,000 monthly bills for City utility customers for their water, sewer, integrated waste and storm drain charges and services generating approximately $125 million in annual revenue. The System also provides online bill paying for utility customers, and it provides staff with customer service order management for new water meter installations, temporary water hydrant meter rentals for construction activities, and scheduling of integrated waste services such as residential bulky item pickups, can replacements, and temporary commercial bin and roll-off bin rentals.

In 2018, the City contracted with AUS for the purchase and implementation of the System to replace the PeopleSoft CIS software that had been in use for over 18 years. Working with City Staff, AUS was responsible for the System configuration, data extraction and conversion of customer and billing information from the PeopleSoft CIS databases, System testing, initial staff training and System implementation at a cost of approximately $3.6 million. The new System went "live" for customer billing and service order management on June 8, 2020.

The City pays AUS annual user license fees for routine troubleshooting and technical support as problems arise, regular testing to ensure all functionality is programmed correctly, as well as routine training for City staff. The scope of work for the proposed Amendment also provides for optional on-call as-needed support services for System enhancements and upgrades, software modifications requested due to changes in business practices, and for critical interfaces with other City software systems such as the Workday Financial Enterprise Resource Planning software, as well as additional enhanced training options as the City adds new Staff and expands cross-training and staff responsibilities.

Advanced Utility Systems, a subsidiary of Harris Computer Systems, is recommended as a sole source to provide these services based on the proprietary nature of the System, their unique detailed knowledge of the System, and completion of the previous Agreement. 281
282
283
284
285
286
Department: City Manager's Office
Prepared By: Jordan T Villwock
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

WILL BE PASSED THROUGH TO THE LEAVEN KIDS FOUNDATION FOR EDUCATION

RESOURCES AND PROGRAMS TO SUPPORT AT-RISK YOUTH

CITY OF ONTARIO
Agenda Report
March 19, 2024
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council authorize the City Manager or designee to execute all documents necessary to accept funding from the County of San Bernardino in the amount of $200,000 to be passed through to the Leaven Kids Foundation for education resources and programs to support at-risk youth.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT: Additional appropriations of $200,000 will be included in the General Fund on the next quarterly budget update as well as the corresponding reimbursement revenue of $200,000.

BACKGROUND & ANALYSIS: The Board of Supervisors work with community partners through services provided by San Bernardino County to identify programs, projects, and initiatives. The County is providing the City of Ontario with $200,000 to pass through to the Leaven Kids Foundation to use towards educational resources and programs throughout the City to support atrisk youth.

The City of Ontario is committed to empowering underserved children within our community by providing them with educational resources, mentorship, and a safe and supportive environment to help them excel in school and reach their full potential. The funding from the County of San Bernardino will help to provide additional resources available at our centers. These funds will be allocated towards the following initiatives:

Expand our outreach efforts to engage more at-risk youth in the community Enhance our academic support services, including tutoring and homework assistance Develop and implement mentorship programs to pair at-risk youth with positive adult role models
Offer recreational activities to foster social connections 287
Standard Contract Page 1 of 17

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Board of Supervisors
Department Contract Representative Stephanie Maldonado
Telephone Number 909-387-4378
Contractor City of Ontario
Contractor Representative Jordan Villwock
Telephone Number 909-395-2411
Contract Term 3/26/24-3/25/25
Original Contract Amount Not-to-Exceed $200,000
Amendment Amount
Total Contract Amount Not-to-Exceed $200,000
Cost Center 1024001000
IT IS HEREBY AGREED AS FOLLOWS:

WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contractual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens; and
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents; and
WHEREAS, on September 21, 2021 (Item No. 18), the Board approved the Board of Supervisors Discretionary Fund – District Specific Priorities Program (Priorities Program) and allocated $4 million to each of the five supervisorial districts; and
WHEREAS, on November 16, 2021 (Item No. 33), the Board approved an additional allocation of $7 million to each of the five supervisorial districts under the Priorities Program; and WHEREAS, on February 6, 2024 (Item No.61), the Board approved an additional allocation of $6 million to each of the five supervisorial districts under the Priorities Program; and Contract Number
SAP Number
288
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WHEREAS, County desires to provide funding to the City of Ontario (City or Contractor) towards educational resources and programs throughout the City to support at-risk youth; and WHEREAS, the County would like the City to provide these services; and WHEREAS, the County finds Contractor qualified to provide educational resources and programs to at-risk youth; and
WHEREAS, providing funding to Contractor serves the public purpose of providing for the educational, health, safety, and social service needs of residents; and
WHEREAS, the residents of the City and the surrounding communities of the Fourth District will be served by efforts to support at-risk youth through educational resources and programs; and WHEREAS, the County desires that such services be provided by Contractor and Contractor agrees to perform these services as set forth below.

NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:

A. PURPOSE OF CONTRACT
This contract (the Contract) is made for the purpose of providing funding to support Contractor in providing educational resources and programs for at-risk youth to meet the needs of the residents of the City and surrounding communities (Services).

B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a Scope of Services to provide funding towards the following educational resources and programs throughout the City to support at-risk youth:

1. Expand outreach efforts to engage more at-risk youth in the community.

2. Enhance academic support services, including tutoring and homework assistance.

3. Develop and implement mentorship programs to pair at-risk youth with positive adult role models.

4. Provide recreational activities to foster social connections.

B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to onsite inspection of the offices in the City used to provide the educational resources and programs to atrisk youth for the duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.

B.3 Contractor shall provide the County all documentation regarding the scope of services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to, in writing by the City and County.

B.4 Contractor shall provide the County with documentation supporting completion of the Services within 60 days of completion of the Services.

C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.

C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County. 289
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C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.

C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.

C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.

C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services on behalf of the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor shall conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.

C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.

C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.

C.9 Compliance with County Policy
In performing the Services and while at any County facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.

County shall have the right to require Contractor’s employees, agents, representatives and 290
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subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.

C.10 Confidentiality
Contractor and County shall protect from unauthorized use or disclosure names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor and County shall not use or disclose any identifying information for any other purpose other than carrying out the obligations under this Contract, except as may be otherwise required by law. This provision will remain in force even after the termination of the Contract.

C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.

Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.

C.12 County Representative
The Fourth District Supervisor or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.

C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence, unless the nature of the repair requires additional time for repair and in such event the time for repair will be agreed upon in writing by the Contractor and County.

If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.

C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).

Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive work place, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing Service for the County, on County property, or while using County equipment:

C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
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C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.

C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Contractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.

The Contractor shall inform all employees that are performing Service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such Service for the County.

The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.

C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.

C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.

Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.

C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.

To assist the County in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form, to be provided by the County.

C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any 292
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items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.

The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.

Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County and the Contractor are entitled to pursue any available legal remedies.

C.21 Informal Dispute Resolution
In the event the County determines that Service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.

To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall remain in full effect.

C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County immediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.

C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the Contractor or the County determines that the other has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the other party, this Contract may be immediately terminated.

If this Contract is terminated according to this provision, the terminating party is entitled to pursue any available legal remedies.

C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.

C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, 293
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information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.

C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give written notice thereof, including all relevant information with respect thereto, to the other party.

C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for Services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.

C.29 RESERVED.

C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.

C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Contract performance in a reasonable manner agreed upon by the parties. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.

All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.

C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the parties hereto, nor shall either party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other party hereto.

C.33 Release of Information
No news releases, advertisements, public announcements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.

C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.

C.35 Strict Performance
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Failure by a party to insist upon the strict performance of any of the provisions of this Contract 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 to insist and demand strict compliance by the other party with the terms of this Contract thereafter.

C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor personnel.

For any subcontractor, Contractor shall:

C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows County’s reporting formats and procedures as specified by County.

C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.

Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct contracts with any of the subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such subcontractors from entering into direct contracts with County.

C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.

C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for any reason, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services described herein. Upon such termination, payment will be made to the Contractor for Services rendered and expenses reasonably incurred prior to the effective date of termination.

Upon receipt of termination notice Contractor shall promptly discontinue Services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, data, products, graphics, computer programs and reports.

County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the scope of work described in Section A or B under this Contract is rendered improbable, infeasible or impossible. Upon such termination, payment will be made to the Contractor for Services rendered and expenses reasonably incurred prior to the effective date of termination.
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Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration , minus any payment due for Services rendered and expenses reasonably incurred prior to the effective date of termination, and any accounts receivable attributable to the use of County Funds.

C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.

C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.

C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and the County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.

Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.

C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.

The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the Contractor. The information also includes the employment with or representation of Contractor. For purposes of this provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County department or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.

C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.

Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.

Contractor is required to disclose whether the City, or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the City’s business, or whether the City, 296
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or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such indictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.

In addition, the Contractor is required to disclose whether the City, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of services by the City or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulatory body with jurisdiction over the City or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.

For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the City’s offices or locations.

C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknowledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.

C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.

C.46 Reserved
C.47 California Consumer Privacy Act
To the extent applicable, if Contractor is a business that collects the personal information of a consumer(s) in performing Services pursuant to this Contract, Contractor must comply with the provisions of the California Consumer Privacy Act (CCPA). (Cal. Civil Code §§1798.100, et seq.).

For purposes of this provision, “business,” “consumer,” and “personal information” shall have the same meanings as set forth at Civil Code section 1798.140. Contractor must contact the County immediately upon receipt of any request by a consumer submitted pursuant to the CCPA that requires any action on the part of the County, including but not limited to, providing a list of disclosures or deleting personal information. Contractor must not sell, market or otherwise disclose personal information of a consumer provided by the County unless specifically authorized pursuant to terms of this Contract. Contractor must immediately provide to the County any notice provided by a consumer to Contractor pursuant to Civil Code section 1798.150(b) alleging a violation of the CCPA, that involves personal information received or maintained pursuant to this 297
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Contract. Contractor must immediately notify the County if it receives a notice of violation from the California Attorney General pursuant to Civil Code section 1798.155(b).

D. TERM OF CONTRACT
The Services to be provided by Contractor shall commence on March 26, 2024, and shall be completed by March 25, 2025, but may be terminated earlier in accordance with provisions of this Contract.

The County Chief Executive Officer, at the direction of the Fourth District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of services; d. Are in the best interests of County and Contractor in performing the scope of services under this Contract; and
e. Do not alter the amount of compensation under this Contract.

E. RESERVED.

F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $200,000. The consideration to be paid to Contractor, as provided herein, shall be in full payment for Contractor providing the Services and all expenses incurred in the performance hereof, including travel and per diem.

F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. However, Contractor shall not be obligated to perform any Services or to incur any additional expenses in excess of the amount available in this section and a refusal not to perform due to a lack of funds shall not constitute a breach of this Contract. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.

Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any billing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for the Services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 21-NNN – PO 4100NNNNNN).

Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after Service completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for the Service, proof of payment, etc., to County Finance. Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS. 298
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F.3 Contractor shall accept all payments from County via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.

F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the Services rendered or equipment and/or parts supplied to the County pursuant to the Contract.

F.5 Costs for Services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.

F.6 Funds made available under this Contract shall not supplant any federal, state or any governmental funds intended for services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.

Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.

F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1, a copy of which to be provided by County) when travel is pursuant to this Contract and for which reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation services, including but not limited to, the Ontario International Airport.

F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.

F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the Scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.

G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

The County agrees to indemnify, defend (with counsel reasonably approved by Contractor) and hold harmless the Contractor and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the Contractor on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The County indemnification obligation applies to the Contractor’s 299
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“active” as well as “passive” negligence but does not apply to the Contractor’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.

G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the performance of Services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.

G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.

All general or auto liability insurance coverage provided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.

The Contractor hereby waives all rights of subrogation against the County.

G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or selfinsurance programs carried or administered by the County.

G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.

G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor commences performance of Services hereunder until the completion of such Services. Within fifteen (15) days of the commencement of this Contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.

G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.

G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.

G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this Contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the Contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance. 300
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G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits (not to exceed what is included herein), provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.

Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement and agreed upon by both parties. Contractor agrees to execute any such amendment within thirty (30) days of receipt.

Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.

G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.

If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, the Contractor agrees to amend, supplement or endorse the existing coverage to do so.

Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:

G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing services on behalf of the Contractor and all risks to such persons under this contract.

If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.

With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.

G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
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f. Contractual liability.
g. $2,000,000 general aggregate limit.

G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.

If the Contractor is transporting one or more non-employee passengers in performance of contract services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.

If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.

G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.

G.11.5 Abuse/Molestation Insurance – Contractor shall have abuse or molestation insurance providing coverage for all employees for the actual or threatened abuse or molestation by anyone of any person in the care, custody, or control of any insured, including negligent employment, investigation and supervision. The policy shall provide coverage for both defense and indemnity with liability limits of not less than one million dollars ($1,000,000) with a two million dollars ($2,000,000) aggregate limit.

H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of Services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.

H.2 All records pertaining to Services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.

I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor or County to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.

I.2 In the event of a non-cured breach, either party may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a. Afford the other party thereafter a time period within which to cure the breach, which period shall be established at the sole discretion of the nonbreaching party; and/or b. Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall be entitled to later recovery upon satisfactory cure of such breach; and/or
c. Withhold funds pending duration of the breach; and/or 302
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d. Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor, except for Services rendered and expenses incurred at time of termination. In the event of such termination, the County may proceed with the work in any manner deemed proper by the County.

J. NOTICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, when made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:

San Bernardino County
CAO – Finance and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of Ontario
303 East B Street
Ontario, CA 91761
Attn: Jordan Villwock, Management Services
Director
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.

K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.

L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.

The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request. 303
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department Julie Surber, Principal Assistant County
Counsel
Date Date Date

SAN BERNARDINO COUNTY CITY OF ONTARIO
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated: Name Scott Ochoa
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:

Deputy
Address
303 East B Street
Ontario, CA 91764
304
Department: Planning
Prepared By: Diane Ayala
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Kimberly Ruddins, Henry Noh
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 15
SUBJECT: A PUBLIC HEARING TO CONSIDER FILE NO. PUD23-002, A PLANNED UNIT DEVELOPMENT FOR A 1.22-ACRE PARCEL OF LAND LOCATED AT 218 EAST D STREET; SUBMITTED BY EUCLID INVESTMENT GROUP, LLC.

CITY OF ONTARIO
Agenda Report
March 19, 2024
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance Approving File No. PUD23-002, the Downtown Ontario Luxury Apartments (Phase II) Planned Unit Development, establishing development standards and design guidelines to facilitate a multiplefamily residential development at 218 East D Street.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is not a direct fiscal impact associated with this action. Implementation of the Planned Unit Development would result in an increase in property taxes from future development and the one-time payment to the City for plan check fees and development impacts fees.

BACKGROUND & ANALYSIS: On July 14, 2023, Euclid Investment Group, LLC., filed a Planned Unit Development ("PUD") application, File No. PUD23-002, in conjunction with a Development Plan, File No. PDEV23-017, to facilitate the construction and operation of 69 multiple-family residential units.

The Project site is comprised of 1.22 acres of land located on the south side of D Street, west of Plum Avenue, and east of Lemon Avenue at 218 East D Street. The site is within the MU-1 (Downtown Mixed Use) zoning district and is presently improved with a paved public parking lot.

The property south across the public alley is within the Civic (Civ) zoning district and is developed with the Ovitt Family Community Library. The property to the north is within the OL (Office Light) and MDR-18 (Medium Density Residential) zoning districts and is developed with a mixture of commercial and residential land uses. The property to the east is within the MU-1 (Mixed Use Downtown) zoning district and is developed with the University of La Verne. The properties to the 305
west are within the MU-1 (Mixed Use Downtown) zoning district and are developed with a public parking structure and the Downtown Ontario Luxury Apartments (Phase I), which is currently under construction.

The Policy Plan (General Plan) of The Ontario Plan (TOP) specifies that the development of the Downtown Mixed-Use area is to be implemented through the approval of an Area Plan or PUD prior to the development of the properties. In compliance with this requirement, the Applicant has submitted the Downtown Ontario Luxury Apartments PUD (included as Attachment A to the Ordinance), which is consistent with the vision, goals, and policies of the Policy Plan. A PUD is comparable to a Specific Plan in that it establishes development regulations that are unique to a specific area. However, unlike a Specific Plan, a Planned Unit Development is typically intended to apply to a single development project or several interrelated development projects that function together as a single, comprehensive project.

PLANNED UNIT DEVELOPMENT: Key components of the PUD include the following:

Land Use and Development Regulations — The MU-1 (Downtown Mixed Use) zoning district allows for residential development at a density of 25.1 to 75 dwelling units per acre. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the PUD allows for residential development of 30 to 91 dwelling units, with a maximum building height of 40 feet (3 stories) and up to 55 feet for architectural projections.

Landscaping — The landscaping concept is centered around the use of sustainable and low water use plant materials. As an example, varying species of evergreen and deciduous trees with interest in form and foliage color may be integrated into the landscape design. Pattern and planting should accentuate the common open space areas and create a visible connection to pedestrian pathways and sidewalks. The PUD also requires the landscaping and irrigation be drought tolerant and meet the current Water Use Classifications of Landscape Species requirements.

Parking and Circulation — In order to achieve the preferred density, the PUD encourages podium style residential development above ground floor structured parking for residents and guests.

Access to Mass Transit — An existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT), which is starting construction. A stop is planned for Holt Boulevard between Lemon and Plum Avenues.

Architectural Character — The PUD includes architectural design guidelines specific to the downtown location and residential building type and establishes the following design principles:
• Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material; • New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material; 306
• The overall character should feel like a modern interpretation of a traditional American small town; and
• Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged. As this is Phase 2 of the Downtown Ontario Luxury Apartments PUD, the architecture will utilize many of the similar/compatible elements and colors to those planned for Phase 1.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan as the Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

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

ENVIRONMENTAL REVIEW: The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-fill Development Projects) of the CEQA Guidelines, and meets all the following conditions:
• The proposed Project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Downtown Mixed Use land use designation of the Policy Plan (General Plan) Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1 (Downtown Mixed Use) zoning district and the related proposed Downtown Ontario Luxury Apartments, Phase II Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac. 307
• The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 1.22-acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, civic, retail, and commercial land uses.
• The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area, is devoid of any flora or fauna, is regularly used for passenger vehicle parking by library/City Hall patrons, retail customers, and neighboring residents, and, as such, is not suitable habitat for any endangered, rare, or threatened species. • Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The residential development is similar to, and of no greater impact than other allowed uses and development projects within the MU-1 (Downtown Mixed Use) zoning district. The Project would not result in any significant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the GHG and Traffic analysis, noise and parking studies, Arborist Report, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project. • The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and • The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2.

PLANNING COMMISSION REVIEW: On February 27, 2024, the Planning Commission conducted a public hearing to consider the Project and concluded the hearing on that date. After considering all public testimony on the application, the Planning Commission voted 6-0 to approve Resolution PC24-007, recommending that the City Council approve the PUD. At the same meeting, the Planning Commission approved the related Development Plan, contingent upon City Council approval of the PUD.
308
Case Planner: Diane Ayala Hearing Body Date Decision Action Planning Director
Approval:

DAB 2/21/24 Approval Recommend (File
No. PDEV23-017)
PC 2/27/24
Final (File No.

PDEV23-017)
Recommend (File
No. PUD23-002)
Submittal Date: July 14, 2023 CC 3/19/24 Final (File No.

PUD23-002)
FILE NOS: PUD23-002 and PDEV23-017
SUBJECT: A public hearing to consider a Planned Unit Development (File No. PUD23- 002) to establish development standards and design guidelines for the project site in conjunction with a Development Plan (File No. PDEV23-017) to construct 69 multiplefamily dwellings on approximately 1.22 acres of land located at 218 East D Street, within the MU-1 (Downtown Mixed Use) zoning district. (APNs: 1048-556-01, 1048-556-02, 1048- 556-03, 1048-556-04, 1048-556-05, and 1048-556-14); submitted by Euclid Investment Group, LLC. City Council action is required for approval of File No. PUD23-002.

PROPERTY OWNER: City of Ontario
RECOMMENDED ACTION: That the Planning Commission 1) consider and approve File No.

PDEV23-017 and 2) recommend that the City Council adopt File No. PUD23-002 pursuant to the facts and reasons contained in the staff report and attached resolutions, and subject to the conditions of approval appended to the attached resolutions as "Attachment A.”
PROJECT SETTING: The Project site is comprised of 1.22-acres of land located south of D Street, west of Plum Avenue, and east of
Lemon Avenue at 218 East D Street,
which is depicted in Exhibit A: Project
Location Map, attached. The existing site
is currently developed with a paved
public parking lot. On the same block,
across the public alley to the south, is the
Ovitt Family Community Library, the
University of La Verne is to the east, a
mixture of commercial and residential
land uses are to the north, and the C
Street public parking structure is to the
west. Also, to the west and currently
under construction, is phase 1 of
Downtown Ontario Luxury Apartments.

Phase 1 is a new 4-story, mixed-use building consisting of 144 residential apartment units and approximately 4,500 square feet of ground floor commercial. The existing Figure 1: Project Location
303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

AGENDA REPORT
February 27, 2024
Approve
Approval
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surrounding land uses, zoning, and Policy Plan (general plan) land use designations are summarized in the "Surrounding Zoning & Land Uses" table located in the Technical Appendix of this report.

PROJECT ANALYSIS:
(1) Background — On October 26, 2021, the Planning Commission approved Development Plan, File No. PDEV20-020, to construct the Downtown Ontario Luxury Apartments (phase 1) and construction began early in 2023. The development is expected to be fully operational by 2025.

On December 6, 2022, the City Council approved a Disposition and Development Agreement (“DDA”) with the Applicant for a mutual benefit that would further The Ontario Plan (TOP) Policy Plan (general plan) goals of an intensive mixture of retail, office, and residential uses in a pedestrian friendly atmosphere, while ensuring that the historic character of the Downtown is preserved. The DDA includes requirements for the Applicant to adhere to certain deadlines for project entitlement and construction completion for the disposition of the property.

The Applicant has filed a request for approval of the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (“PUD”), File No. PUD23-002, and a Development Plan, File No. PDEV23-017. Final approval of the Development Plan is contingent upon the City Council adoption of the PUD for the Project site.

On February 21, 2024, the Development Advisory Board considered the subject Development Plan and recommended approval to the Planning Commission with conditions of approval.
(2) Planned Unit Development (File No. PUD23-002) — The MU-1 (Downtown MixedUse) zoning district, requires the preparation and approval of a PUD to establish the development standards and design guidelines for the site. The proposed Downtown Ontario Luxury Apartments, Phase II Planned Unit Development, appended to the attached resolution as "Attachment A,” identifies the following components:
(a) Land Use and Development Regulations — The MU-1 (Downtown Mixed Use) zoning district allows for residential development at a density of 25.1 to 75 dwelling units per acre. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the PUD allows for residential development of 30 to 91 dwelling units, with a maximum building height of 40 feet (3 stories) and up to 55 feet for architectural projections.
(b) Landscaping — The landscaping concept is centered around the use of sustainable and low water use plant materials. As an example, varying species of evergreen and deciduous trees with interest in form and foliage color may be integrated in the landscape design. Pattern and planting should accentuate the common open space areas and create a visible connection to pedestrian pathways and sidewalks. The 310
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PUD also requires the landscaping and irrigation be drought tolerant and meet the current Water Use Classifications of Landscape Species requirements. (c) Parking and Circulation — In order to achieve the preferred density, the PUD encourages podium style residential development above ground floor structured parking for residents and guests.
(d) Access to Mass Transit — An existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT).
(e) Architectural Character — The PUD includes architectural design guidelines, specific to the downtown location and residential building type, and establishes the following design principles:

(i) Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material.
(ii) New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.
(iii) The overall character should feel like a modern interpretation of a traditional American small town.
(iv) Create compatibility between the mixed-use architecture and the residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged.
(3) Development Plan (File No. PDEV23-017)
(a) Site Design/Building Layout — The Project proposes the construction of one building consisting of 69 residential apartment units, at a density of 56.6 dwelling units per acre as depicted in Exhibit B: Site Plan, attached. The proposed rectangular-shaped building will have 3-stories, with an overall average height of 38 feet, and constructed with an approximate 12-foot setback from Lemon Avenue, a 6-foot setback (including a 2-foot architectural projection) from D Street, a 4-foot setback (including a 2-foot architectural projection) from Plum Avenue, and a 5.5-foot setback from the alley.

Oriented towards Lemon Avenue, the main lobby, leasing office, and mail room are centrally located on the ground floor and are flanked by 3 residential units. The remainder of the ground floor will serve as the parking garage for residents and guests. The stackedflat residential unit configuration located on the second and third floors will provide one 311
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and 2-bedroom apartments centered around a podium level green courtyard.

Residential units, as described in the table below, will be accessible from interior hallways, one on-site elevator, and 3 stairwells. Each unit will have a minimum of one private deck 90 square feet in size and units located on the podium level that front onto the courtyard will have additional private patio area ranging in size from 78 to 113 square feet, and are depicted in Exhibit C: Floor Plans, attached.
(b) Site Access/Circulation — The Project will have pedestrian access points to the site along D Street through a secured gate, through the main lobby on Lemon Avenue, and through 2 secured doorways that lead to enclosed stairwells located on the west and east sides of the alley. Additional secured access points that lead to the first-floor interior lobby and the elevator are from Lemon Avenue and the alley. Access to the units will be from a series of interior lobbies. Vehicular access to the site is provided from a 15-foot-wide one-way public alley where two 24-foot-wide, gated garage entry bays are located.
(c) Parking — The Project requires 124 vehicle parking spaces as specified in the proposed PUD and the Project proposes 126 vehicle parking spaces, which exceeds the minimum parking required for the Project. The off-street parking calculations for the Project are summarized in the table below:

Parking Summary
Type of Use No. of units Parking Ratio Spaces
Required Spaces Provided
Residential Units 69 (110 bedrooms) 1 space per
bedroom 110 110
Residential Guest 69 units 0.20 space per unit 14 16
TOTAL 124 126
The Project site is currently developed with a surface parking lot that provides 113 parking spaces for public use. Development of the Project will result in relocation of the public parking spaces to curb adjacent street parking and in nearby public parking lots. A Parking Inventory was prepared by RK Engineering Group, Inc. on January 23, 2024 to determine the number of existing and temporary off-street and street parking spaces located within 4 blocks of the Project site, and is provided in Exhibit H: Downtown Parking Inventory.

As the Inventory demonstrates, there are currently 704 public parking spaces and 326 street (curb adjacent) parking spaces for a total of 1,030 parking spaces for public use.

The City is preparing to grade, slurry and stripe approximately 2 acres of land located on the 400 block of North Euclid Avenue, south of East E Street, north of East D Street and west of North Lemon Avenue, for use as temporary public parking that will provide 207 off-street parking spaces. Additionally, construction has commenced on a parking structure located mid-block on North Sultana Avenue, south of East D Street and north of East B Street that will provide 821 public parking spaces. Once these improvements have 312
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been completed, the availability of parking will increase by approximately 960 parking spaces from1,030 to 1,990 spaces, to serve the Civic Center. The current parking supply, along with the ability to deliver additional parking spaces, makes the proposed development of the public parking lot feasible.
(d) Architecture — The building will be designed in a contemporary architectural style to compliment the Downtown Ontario Luxury Apartments (phase 1) and is depicted in Exhibit D: Exterior Elevations and Exhibit E: Project Rendering, attached.

The main lobby entrance is designed as a traditional storefront with a bulkhead (base), large windows, transom windows and entry door with a kick plate. A mid-panel floor has been added to distinguish the ground (garage) level from the upper residential levels, vertically dividing the building. Large decorative metal security screens will cover the garage bay openings which have been designed to maintain the window fenestration.

Brick veneer, in a variety of color and texture, will emphasize the first story of the building and on upper levels at key locations to create articulation in the building modulation.

Upper stories will have a combination of smooth trowel finish, scored horizontal and vertical reveals, and horizontal cementitious siding. Vertical panels with windows will be inset from the exterior wall face and metal awnings are strategically placed over first and third story windows to provide visual relief. The building has a parapet roof with decorative cornice.

The Project illustrates the type of high-quality residential development and architecture promoted by the proposed Downtown Ontario Luxury Apartments, Phase II PUD, the Downtown Design Guidelines and the Ontario Development Code. This is exemplified through the use of:
• Articulation in building footprint and in dipartite and tripartite divisions, creating breaks in horizontal massing; and
• Articulation in storefront modulation through color and material change, bulkhead/base, transom windows, glass entry doors with kickplate, and mid-floor panels; and
• Articulation in the building parapet and roof lines, which serves to accentuate the building’s entries and openings, and breaks up large expanses of building wall; and
• Recessed and symmetrically arranged upper floor windows; and • A mix of exterior materials, finishes, fixtures, and color blocking. (e) Landscaping, Common Open Space and Amenities — Landscaping is provided for the full length of the Project street frontages, alley, and recreation area for a total of 7,923 square feet, which meets the minimum 15 percent landscape coverage requirement for the Project. A variety of accent and shade trees in 24-inch, 36-inch, and 48-inch box and 15-gallon sizes, as well as 1, 5, and 15- gallon size shrubs, groundcover, 313
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and vines will be planted in a variety of species throughout the site to create landscape areas that are aesthetically pleasing while having low or moderate water usage.

Decorative paving and lighting will be provided at entries, pedestrian walkways, and other key locations throughout the Project, as depicted in Exhibit F: Landscape Plan, attached.

Existing parkway trees located on Lemon Avenue and Plum Avenue will be preserved and 24-inch box Sycamores will be planted in a new curb adjacent parkway along D Street to match the Civic Center. Existing streetlight posts will be replaced with King standard lamppost to achieve maximum compatibility.

Approximately 9,000 square feet of common open space and recreation area are provided within the podium courtyard located on the second level, as depicted in Exhibit G: Common Open Space Plan. The courtyard is enhanced with decorative tile and paving and is landscaped with a variety of 36-inch box trees that enclose the perimeter, creating a semi-private area. Barbeques, counter tops, built in benches with tile back and seat, and raised planters are located at each end of the courtyard.

A total of 15,180 square feet of private and common open space is required for the Project and a total of 16,533 square feet has been provided, exceeding the minimum standard.
(f) Signage — All Project signage is required to comply with sign regulations provided in Ontario Development Code Division 8.1. Prior to the issuance of a Building Permit for the installation of any new on-site signage, the Applicant is required to submit Sign Plans for Planning Department review and approval. (g) Utilities (drainage, sewer) — Public utilities (water and sewer) are available to serve the Project. Furthermore, the Applicant has submitted a Preliminary Water Quality Management Plan ("PWQMP"), which establishes the Project's compliance with storm water discharge/water quality requirements. The PWQMP includes site design measures that capture runoff and pollutant transport by minimizing impervious surfaces and maximizes low impact development ("LID") best management practices ("BMPs"), such as retention and infiltration, biotreatment, and evapotranspiration. The PWQMP proposes the use of an underground storm capture detention and pre-treatment systems located at the southwest portion of the project area. Any overflow drainage will be conveyed to the public street by way of parkway drains and culverts.

PUBLIC NOTIFICATION: The subject application was advertised as a public hearing in at least one newspaper of general circulation in the City of Ontario (the Inland Valley Daily Bulletin newspaper). In addition, notices were mailed to all owners of real property located within a minimum of 300 feet of the exterior boundaries of the property that is the subject of the hearing, as shown on the records of the County Assessor.

CORRESPONDENCE: As of the preparation of this Agenda Report, Planning Department staff has not received any written or verbal communications from the owners or 314
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occupants of properties surrounding the Project site or from the public in general, regarding the subject application.

AGENCY/DEPARTMENT REVIEWS: Each City agency/department has been provided the opportunity to review and comment on the subject application and recommend conditions of approval to be imposed upon the application. At the time of the Resolution preparation, recommended conditions of approval were provided and are appended to the attached Resolutions as "Attachment A."
AIRPORT LAND USE COMPATIBILITY PLAN (ALUCP) COMPLIANCE: The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making and recommending body for the Project, the Planning Commission 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 Planning Commission, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan ("TOP"). More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:
(1) City Council Goals.
 Invest in the Growth and Evolution of the City's Economy  Operate in a Businesslike Manner
 Focus Resources in Ontario's Commercial and Residential Neighborhoods (2) Vision.

Distinctive Development:
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 Commercial and Residential Development
 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California. (3) Governance.

Decision Making:
 Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.  G 1-2. Long-term Benefit. We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision. (4) Policy Plan (General Plan)
Land Use Element:
 Goal LU-1 Balance: 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 identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.
 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.  Goal LU-2 Compatibility: Compatibility between a wide range of uses and a resultant urban patterns and forms.
 LU-2.6 Infrastructure Compatibility. We require infrastructure to be aesthetically pleasing and in context with the community character.

Housing Element:
 Goal H-2 Housing Supply & Diversity: 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. 316
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 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.

Community Economics Element:
 Goal CE-1 Complete Community: 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.  Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers 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.  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.
 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.
 CE-2.5 Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

Safety Element:
 Goal S-1 Seismic & Geologic Hazards: 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.

Community Design Element:
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 Goal CD-1 Image & Identity: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.
 CD-1.1 City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods.  CD-1.2 Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City's identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities.
 CD-1.3 Existing Neighborhoods. We require the existing character of viable residential and non-residential neighborhoods be preserved, protected, and enhanced.  Goal CD-2 Design Quality: A high level of design quality resulting in neighborhoods, public spaces, parks, and streetscapes 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 context-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 articulated, high quality, durable, and appropriate for the architectural style.
 CD-2.2 Neighborhood Design. We create distinct residential neighborhoods that promote a sense of community and identity by emphasizing access, connectivity, livability, and social interaction through such elements as:
• A pattern of smaller, walkable blocks that promote activity, safety, and access to nearby amenities and services;
• Varied parcel sizes and lot configurations to accommodate a diversity of housing types;
• Traffic calming measures to slow traffic and promote walkability while maintaining acceptable traffic flows and emergency evacuation access; • Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the "outdoor living room"), as appropriate; and
• Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users. 318
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 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.  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, maintaining visibility and accessibility, and using lighting.
 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.
 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.  CD-2.13 Entitlement Process. We work collaboratively with all stakeholders to ensure a high degree of certainty in the efficient review and timely processing of all development plans and permits.
 Goal CD-3 Urban, Mixed Use, and Transit-Oriented Place Types: 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.
 CD-3.2 Comfortable, Human-Scale Public Realm. We require that public spaces, including streets, parks, and plazas on both public and private property be designed to maximize safety, comfort and aesthetics and connect to the citywide pedestrian, vehicular, and bicycle networks.
 CD-3.3 Complete and Connected Network. We require that pedestrian, vehicular, and bicycle circulation on both public and private property be coordinated to provide connections internally and externally to adjacent neighborhoods and properties (existing and planned) through a system of local roads and trails that promote walking and biking to nearby destinations (including existing and planned parks, commercial areas, and transit stops) and are designed to maximize safety, comfort, and aesthetics.
 CD-3.4 Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and 319
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identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.  CD-3.5 Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type).
 CD-3.6 Managed Infrastructure. We collaborate with developers and property owners to facilitate development that realizes the envisioned character and functionality of the Place Type through the use of green and shared infrastructure within each Place Type.
 Goal CD-5 Protection of Investment: A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional 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.
 CD-5.2 Maintenance of Infrastructure. We require the continual maintenance of infrastructure.

ENVIRONMENTAL REVIEW: The Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, Infill Development Projects) of the CEQA Guidelines, and meets all the following conditions:
(a) The proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Downtown Mixed Use land use designation of the Policy Plan (general plan) Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1 (Downtown Mixed Use) zoning district and the related proposed Downtown Ontario Luxury Apartments, Phase II Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac. 320
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(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 1.22- acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, civic, retail, and commercial land uses. (c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area, is devoid of any flora or fauna, is regularly used for passenger vehicle parking by neighboring residents, and as such not suitable habitat for any endangered, rare, or threatened species. (d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The residential development is similar to, and of no greater impact than other allowed uses and development projects within the MU-1 (Downtown Mixed Use) zoning district. The Project would not result in any significant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the GHG and Traffic analysis, noise and parking studies, Arborist Report, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project.
(e) The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and
(f) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2. 321
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TECHNICAL APPENDIX:

Surrounding Zoning and Land Use:

Existing Land Use Policy Plan
Land Use Designation
Zoning
Designation
Site: Paved public parking lot

Mixed Use Downtown
MU-1 (Mixed Use Downtown) &
Ontario Luxury Apartments Phase II
PUD
North: Commercial and residential Office Commercial &
Medium Density Residential
OL (Office Light) & MDR-18
(Medium Density Residential)
South: Public library Public Facility Civic
East: Private university Mixed Use Downtown MU-1 (Mixed Use Downtown) West: Structure parking and multiple
family residential Mixed Use Downtown MU-1 (Mixed Use Downtown) & Downtown Civic Center PUD
General Site & Building Statistics
Item Required Min./Max. Provided (Ranges) Meets
Y/N
Project area (in acres): 1.22 1.22 Y
Maximum project density
(dwelling units/ac): 31-91 56.5 Y
D Street setback (in FT): 6* 6/4* Y
Lemon Ave. setback (in FT): 10* 12-15 Y
Plum Ave. setback (in FT): 4* 4/2* Y
Public Alley setback (in FT): 5 5.5 Y
Maximum height (in FT): 55 37’10”- 38’10” Y
Parking – resident: 1 per bedroom 110 (110 bedrooms total) Y Parking – guest: 0.20 per unit 16 (69 units) Y
Open space – private: 90 sf per unit 90-203 sf per unit Y Open space – common: 130 sf per unit (average) 130 sf per unit Y * Architectural projection may encroach up to 2 feet
Dwelling Unit Statistics:

Unit Type Unit Size (in SF) No. Bedrooms No. Bathrooms Private Open Space (in FT) No. of units P1-1 724 1 1 90/203 (podium level) 8
P1-2 743 1 1 96 20
P2-0 932 2 2 91/169 (podium level) 8
P2-1 1022 2 2 90/199 (podium level) 8
P2-2 1050 2 2 90 25
TOTAL RESIDENTIAL UNITS 69
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Exhibit A: PROJECT LOCATION MAP
Project
Site
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Exhibit B: SITE PLAN
East D Street
N. Lemon Ave.

N. Plum Ave.
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Exhibit C: FLOOR PLAN
Level 1
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Exhibit C: FLOOR PLAN (CONTINUED)
Levels 2 and 3
326
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Exhibit C: FLOOR PLAN (CONTINUED)
327
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Exhibit D: EXTERIOR ELEVATIONS

D Street (north)
Exhibit E: SITE PHOTOS
Lemon Avenue (west)
328
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Exhibit D: ELEVATIONS (CONTINUED)
Plum Avenue(east)
Public Alley (south)
329
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Exhibit E: CONCEPTUAL RENDERING
Plum Ave and D Street
330
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Exhibit F: LANDSCAPE PLAN
331
Planning Commission Agenda Report
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Exhibit G: Common Area Plan
332
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Exhibit H: DOWNTOWN PARKING INVENTORY
333
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Exhibit H: DOWNTOWN PARKING INVENTORY (CONTINUED)
334
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February 27, 2024

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Exhibit H: DOWNTOWN PARKING INVENTORY (CONTINUED)
335
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Exhibit H: DOWNTOWN PARKING INVENTORY (CONTINUED)
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Exhibit H: DOWNTOWN PARKING INVENTORY (CONTINUED)
337
RESOLUTION NO. PC24-007

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF FILE NO. PUD23-002, A PLANNED UNIT DEVELOPMENT TO

ESTABLISH DEVELOPMENT STANDARDS AND DESIGN GUIDELINES
FOR THE PROJECT SITE, LOCATED AT 218 EAST D STREET WITHIN THE MU-1 (MIXED USE DOWNTOWN) ZONING DISRICT AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556-05, AND 1048-556-14
WHEREAS, Euclid Investment Group, LLC. ("Applicant") has filed an Application for the approval of a Planned Unit Development, File No. PUD23-002, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 1.22 acres of land located on the south side of D street, west of Plum Avenue, and east of Lemon Avenue at 218 East D Street, within the MU-1 (Downtown Mixed Use) zoning district, and is presently improved with a paved public parking lot; and
WHEREAS, the property south across the public alley is within the Civic zoning district and is developed with the Ovitt Family Community Library. The property to the north is within the OL (Office Light) and MDR-18 (Medium Density Residential) and is developed with a mixture of commercial and residential land uses. The property to the east is within the MU-1 (Mixed Use Downtown) and developed with the University of La Verne. The properties to the west are within the MU-1 (Mixed Use Downtown) zoning district and are developed with C Street public parking structure and the Downtown Ontario Luxury Apartments (Phase I) which is currently under construction; and WHEREAS, an existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT); and
WHEREAS, the MU-1 (Downtown Mixed Use) zoning district allows for residential development at a density of 25.1 to 75 dwelling units per acre. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the Downtown Ontario Luxury Apartments (Phase II) PUD allows for residential development of 19 to 59 dwelling units, with a maximum building height of 40 feet (3 stories) and up to 55 feet for architectural projections; and
WHEREAS, the PUD requires a minimum of 1 resident parking space per bedroom and 0.20 guest parking per dwelling unit; and
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WHEREAS, the PUD includes architectural design guidelines, specific to the downtown location, and establishes the following design principles:
(a) Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material.
(b) New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.
(c) The overall character should feel like a modern interpretation of a traditional American small town.
(d) Create compatibility between the existing mixed use and commercial architecture and the new residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged; and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act, commencing with Public Resources Code Section 21000 (hereinafter referred to as "CEQA"); and
WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make recommendation to the City Council on the subject Application; and WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, 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 339
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(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 February 27, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning Commission has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, In-fill Development Projects) of the CEQA Guidelines, and meets all the following conditions:
(a) The proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Downtown Mixed Use land use designation of the Policy Plan (general plan) Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1 (Downtown Mixed Use) zoning district and the related proposed Downtown Ontario Luxury Apartments, Phase II Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac. 340
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(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 1.22- acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, civic, retail, and commercial land uses. (c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area, is devoid of any flora or fauna, is regularly used for passenger vehicle parking by neighboring residents, and as such not suitable habitat for any endangered, rare, or threatened species. (d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The residential development is similar to, and of no greater impact than other allowed uses and development projects within the MU-1 (Downtown Mixed Use) zoning district. The Project would not result in any significant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the GHG and Traffic analysis, noise and parking studies, Arborist Report, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project.
(e) The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and
(3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.

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

SECTION 3: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

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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 recommending authority for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the 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 Planning Commission, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and SECTION 4: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the Planning Commission hereby concludes as follows:
(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. The Project is consistent with Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. Described within the PUD are The Ontario Plan objectives in which the Project complies with the Policy Plan goals and policies.
(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

The PUD has been established to ensure that: [i] the purposes of the Planned Unit Development are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. The Downtown Ontario Luxury 342
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Apartments (Phase II) PUD area is situated in the heart of Ontario’s downtown and is adjacent to residential, commercial, educational, and civic land uses and development.

The surrounding development supports the objective of the PUD for residential development. The Project does not affect the harmonious relationship with adjacent properties and land use.
(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. In preparing the proposed Downtown Ontario Luxury Apartments (Phase II) PUD, a thorough review and analysis of the proposed Project and the subject site’s physical suitability for the Project was completed, including analysis of the project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage. Based upon this review and analysis, the subject site has been deemed physically suitable, including but not limited to parcel size, shape, access, and availability of utilities, for the proposed Planned Unit Development and the proposed development.
(5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The Downtown Ontario Luxury Apartments (Phase II) PUD will establish minimum building setbacks, parking and open space requirements, allow on-street parking, and establish a planting palette. These standards will facilitate the residential development of 69 apartment units, parking facilities and private and common open space areas. The proposed Downtown Ontario Luxury Apartments (Phase II) PUD will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself.

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

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

File No. PUD23-002
Downtown Ontario Luxury Apartments Phase II
Planned Unit Development (PUD)
(PUD to follow this page)
346

Downtown Ontario Luxury Apartments
(Phase II) Planned Unit Development
File No. PUD23-002
Ordinance No.

February 27, 2024
Prepared By:

CASC Engineering & Consulting, Inc.
1470 E. Cooley Drive
Colton, CA 92324
909-783-0101
www.cascinc.com
Prepared For:

Euclid Investment Group, LLC
2100 South State College Blvd.

Anaheim, CA 92806
347
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348
DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 3 Table of Contents
Chapter 1. Introduction 6
Chapter 2. Objectives 8

2.1 The Ontario Plan Objectives 8

2.2 Downtown Ontario Luxury Apartments, Phase II Planned Unit Development Objectives
13 Chapter 3. Land Use 14

3.1 Residential Use 14

3.2 Permitted Uses 14
Chapter 4. Development Regulations 16

4.1 Project Density 16

4.2 Building Height 16

4.3 Building Setbacks 16

4.4 Vehicular Access 16

4.5 On-Street and Off-Street Parking 16

4.6 Common Open Space 17

4.7 Private Open Space 17

4.8 Landscaping 18

4.9 Tree Removal 18

4.10 Infrastructure 19
Chapter 5. Design Guidelines 20

5.1 Building Orientation and Frontages 20

5.2 Architectural Character 20

5.3 Architectural Detail 20

5.4 Materials and Colors 20

5.5 On-Site Lighting 21

5.6 Signage 21
Chapter 6. Administration 22

6.1 Applicability 22

6.2 Planning Applications to Facilitate PUD Implementation 22

6.3 Administrative Exceptions 22
List of Exhibits
Exhibit 1-1: Project Location 7
349
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Exhibit 3-1: Site Plan 15
Exhibit 3-2: Conceptual Grading and Drainage Plan 20
350
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351
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1. Introduction
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (“PUD”) is intended to function as a set of planning and design principles, development regulations, and performance standards to guide and govern the development of a 1.19-acre site that consists of six (6) parcels (APNs: 1048-556- 01, -02, -03, -04,-05, -14). The Project site is located south of East D Street, west of Plum Avenue, and east of North Lemon Avenue in the City of Ontario (see Exhibit 1-1: Project Location). This property is situated within the City of Ontario’s Downtown Civic Center District. The PUD is designed to provide highly functional development standards and design guidelines that work in tandem with The Ontario Plan (TOP) and the Ontario Development Code to facilitate the development of a high-density, multiple-family residential project that is compatible with adjacent land uses and the surrounding community character.

The Project site is located within the Ontario Plan Downtown Mixed-Use District, which requires the establishment of a Planned Unit Development (PUD) prior to development. The PUD fulfills the requirements of a Downtown Mixed-Use District Planned Unit Development (PUD), as set forth in Ontario Development Code Section 4.01.030 (Planned Unit Developments (PUD) and Amendments). Upon approval, the PUD will replace the existing zone district designations and zoning standards that apply to the affected properties. Unless otherwise defined herein, definitions and interpretations contained in the Development Code shall apply to this PUD.

City staff and private developers shall rely upon this PUD to determine whether precise plans for development ("Development Plans") will adequately meet the City's land use and design objectives. These objectives have been curated over the past 20+ years to maintain the historic character of Downtown Ontario while simultaneously promoting sustainable and innovative architectural designs that add to the beauty and functionality of this vital part of the City.

KTGY Architecture + Planning
352
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2. Objectives

2.1 The Ontario Plan Objectives
The Ontario Plan (TOP) Policy Plan (General Plan) designates the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) area as Mixed Use – Downtown (MU-Downtown). Exhibit 2-1:

TOP Land Use Plan identifies the land use designation for the PUD area and surrounding properties. The MU-Downtown land use category accommodates an intensive vertical and horizontal mixture of retail and office uses at a maximum intensity of 2.0 floor-to-area ratio (FAR), and residential uses within a density range of 25.0 to 75.0 dwelling units per acre. Development projects within the MU-Downtown area are intended to maintain a pedestrian friendly atmosphere, while also enhancing the historic character of the area.

In addition to the MU-Downtown designation, the PUD area is also situated within the Civic Center District, which contributes to the unique character of the area. Comprised of notable buildings like City Hall, the Public Library, and the Community Center, the Civic Center District is a defining feature of the community.

The Civic Center has significant outdoor spaces that can be linked with Downtown to create an enjoyable pedestrian experience, showcasing a mix of attractive open spaces and streetscapes combined with interesting shopping and dining options. Together, these elements culminate in a unique and pedestrianfriendly downtown atmosphere. A well-integrated Civic Center can serve as a valuable resource in the revitalization of Downtown.

The PUD aligns with the principles, goals, and policies outlined within The Ontario Plan’s Vision, Governance, Policy Plan, and City Council Goals components. In particular, the proposed Project advances several goals and policies outlined in TOP, which include:

City Council Goals
 Invest in the Growth and Evolution of the City’s Economy  Maintain the Current High Level of Public Safety
 Focus Resources in Ontario's Commercial and Residential Neighborhoods Vision
Dynamic Stability
 An appreciation for the “personality and charm” of this community, preserving important characteristics and values even as growth and change occur, all the while retaining a distinctive local feel where people love to be.

Distinctive Development
 Commercial and Residential Development. A demonstrated ability to attract housing in pursuit of our acknowledged responsibility to balance housing with the job growth that drives our quality of life.  Development Quality. Superior quality and design of the built environment and open spaces through careful attention to detail at every scale, including public and private spaces and structures. 354
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Land Use
Designation
Residential Density &
Non-Residential Intensity Intention
Low-Medium
Density

5.1 to 11.0 dwelling units per
acre
Single/multi-family attached and detached residences, including small lot subdivisions, townhouses, and courtyard homes.

Medium Density 11.1 to 25.0 dwelling units per
acre
Single/multi-family attached and detached residences including townhouses, stacked flats, courtyard homes, and small lot single-family subdivisions.

Mixed Use -
Downtown

25.0 to 75.0 dwelling units per
acre

2.0 FAR for retail and office uses
Envisioned as an intensive vertical and horizontal mixture of retail, office, and residential uses in a pedestrian friendly atmosphere. The historic character is enhanced. The most intensive uses are envisioned along Euclid and Holt Avenues.

Office/Commercial 0.75 FAR
An intense mixture of professional office, supported by regional serving retail, service, tourist-serving, entertainment, dining, and supporting service uses that capitalize on strategic locations in Ontario. This designation also allows for professional offices such as financial, legal, insurance, medical, and other similar uses in a neighborhood setting and/or as adaptive reuse.

Open Space -
Parkland Not applicable Recreational facilities, such as tot-lots, parks, golf courses, and sports complexes and joint-use facilities with schools, utilities, and drainage facilities.

Public Facility Not applicable Public facilities including civic centers, governmental institutions, police and fire stations, transportation facilities, museums, and public libraries. 355
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Decision Making
 Goal G1 Decision Making: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices. Policy G1-1: Consistency with Policies. We require that staff recommendations to the City Council be consistent with adopted City Council Priorities (Goals and Objectives) and The Policy Plan. Policy G1-2: Consistency with Policies. We require that staff recommendations to the City Council be consistent with adopted City Council Priorities (Goals and Objectives) and The Policy Plan.

Policy Plan (General Plan)
Land Use Element
 Goal LU-1 Balance: 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.
Policy LU-1.1: Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.

356
DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 11 Community Economics Element
 Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
Policy CE-2.1: Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community. Policy 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. Policy 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. Policy CE-2.5: Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

Community Design Element
 Goal CD-1 Image & Identity: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses. Policy CD-1.1: City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods.
Policy CD-1.2: Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City's identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities. Policy CD-1.3: Existing Neighborhoods. We require the existing character of viable residential and non-residential neighborhoods be preserved, protected, and enhanced.  Goal CD-2 Design Quality: A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes that are attractive, safe, functional, human- scale, and distinct. Policy CD-2.1: Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
i. Building volume, massing, and height to provide context-appropriate scale and proportion; ii. 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 iii. Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.
Policy CD-2.2: Neighborhood Design. We create distinct residential neighborhoods that promote a sense of community and identity by emphasizing access, connectivity, livability, and social interaction through such elements as:
i. A pattern of smaller, walkable blocks that promote activity, safety, and access to nearby amenities and services;
ii. Varied parcel sizes and lot configurations to accommodate a diversity of housing types; 357
DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 12 iii. Traffic calming measures to slow traffic and promote walkability while maintaining acceptable traffic flows and emergency evacuation access; iv. Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and
v. Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users.
Policy 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.
Policy 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, maintaining visibility and accessibility, and using lighting. Policy 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. Policy CD-2.10: 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:
i. Structured parking: facade articulation, screening, appropriate lighting, and landscaping. ii. 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.  Goal CD-3 Urban, Mixed Use, and Transit-Oriented Place Types: 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.
Policy CD-3.1: Unique Identity. We promote development that heightens the unique character and identity of each Place Type by requiring compatible land uses and land planning, site design, and building design that promotes an active public realm. Policy CD-3.2: Comfortable, Human-Scale Public Realm. We require that public spaces, including streets, parks, and plazas on both public and private property be designed to maximize safety, comfort and aesthetics and connect to the citywide pedestrian, vehicular, and bicycle networks. Policy CD-3.4: Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.
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DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 13 Policy CD-3.5: Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type). Policy CD-3.6: Managed Infrastructure. We collaborate with developers and property owners to facilitate development that realizes the envisioned character and functionality of the Place Type through the use of green and shared infrastructure within each Place Type.  Goal CD-5 Protection of Investment: A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional public and private investments.
Policy 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.

2.2 Downtown Ontario Luxury Apartments, Phase II Planned Unit Development Objectives
The primary objective of the PUD is to establish standards and guidelines for land uses, building massing, architectural elements, landscape, open space, and parking that align with the goals of the City while also facilitating the development of a top-notch, high-density residential project. Specifically, the objectives of the PUD are as follows:
 To establish comprehensive land use and design principles that contribute towards the creation of innovative, functional, and sustainable housing.
 Promote the revitalization of the Downtown area and foster economic growth by establishing a high-density residential development within the historic Downtown setting.  To establish harmonious connections between new development and the neighboring residential land uses.
 To integrate high-density housing development into the surrounding community in a way that respects the character and cultural diversity of the area.  To establish quality standards that ensure long-term maintenance and aesthetics. 359
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3. Land Use

3.1 Residential Use
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) area will be developed with a high-density multiple-family residential development. The development will feature a podium-style building with three (3) stories of apartment-style units. This design will provide a modern, attractive, and functional living space for residents, while remaining in line with the overall layout and architectural style of the community. The first floor will contain a parking garage, along with the lobby and leasing office, and three (3) residential units. The second floor will contain residential units alongside a courtyard for residents and guests to enjoy. The third floor will contain residential units with a view of the courtyard below. In total, the development will include sixty-nine (69) units on 1.22 acres, resulting in a density of 56.6 dwelling units per acre (DU/AC). Exhibit 3-1: Site Plan provides an illustrative overview of the proposed development.

3.2 Permitted Uses
The permitted land uses within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) are as follows:
 Multiple-family residential dwellings;
 Leasing/Administrative Office (for on-site property and facilities management only);  Motor vehicle parking ancillary to a multiple-family residential development project;  Recreation facilities ancillary to multiple-family residential development projects, for use by project residents and their guests, including, but not limited to, pools, spas, tennis courts, clubhouse or recreation building, courtyards, playgrounds or tot lots, and other similar amenities appropriate to serve a multiple-family residential development project;  Home occupations within residential units, in accordance with the Ontario Development Code;  Temporary uses (as permitted within the residential districts of the City of Ontario Development Code subject to an Administrative Permit).

Other land use compatible with multiple-family residential development projects, as determined appropriate by the Zoning Administrator.

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DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 15 Exhibit 3-1: Site Plan
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4. Development Regulations

4.1 Project Density
Residential land uses within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) shall be consistent with the Mixed-Use – Downtown (MU-Downtown) land use designation allowing for residential uses at a density of 25 to 75 dwelling units per acre (DU/AC) or nonresidential development at a floor-to-area ratio (FAR) of up to 2.0 for retail and office uses.

4.2 Building Height
Total building height (to flat roofline) shall not exceed 40 feet above the highest existing sidewalk elevation. Architectural projections, such as parapets, roofed towers and gable roofs, or elevator towers may extend up to 55 feet above the highest existing sidewalk elevation. Any rooftop mechanical, venting, or communication equipment shall be located within the roof structure or otherwise screened to ensure that the equipment remains concealed from public sightlines or neighboring buildings.

4.3 Building Setbacks
Building setbacks for the PUD are provided in Table 4-3 below.

Table 4-3: Minimum Building Setbacks

4.4 Vehicular Access
Vehicle access is provided via two (2) driveways along the southern boundary of the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) area. The driveways provide direct access to the ground-level parking garage and are located off an alley (one-way) that connects North Lemon Avenue and Plum Avenue.

4.5 On-Street and Off-Street Parking
Parking requirements are based on the number of bedrooms contained within each dwelling unit. Parking spaces shall be provided pursuant to Table 4-5: Minimum Parking Requirements.

Setback Distance
Allowed Architectural
Projection Encroachment
Minimum Street Setbacks
 North Lemon Ave
 East D St
 Plum Ave
--
10 ft.
6 ft.
4 ft.
--
2 ft.
2 ft.
2 ft.

Minimum Rear Setback 5 ft. N/A
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DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 17 Table 4-5: Minimum Parking Requirements
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) parking requirements are as follows:
 All required resident parking spaces shall be provided on-site;  Tandem parking spaces may be counted toward a maximum of 60 percent of the resident parking space requirement established by Table 4-5: Minimum Parking Requirements. Tandem spaces are limited to 2-bedroom units and will be assigned as such to eliminate competition or confusion of parking space;
 On-street parking may be utilized to satisfy guest-parking requirements, subject to the following:
i. On-street parking may be used to satisfy guest parking requirements only, and shall not be used for required resident parking;
ii. On-street parking shall only be counted along the public streets surrounding the project site, on the side of the street adjoining the project
iii. All on-street parking locations shall be subject to approval by the City Engineer; and iv. On-street parallel parking spaces shall be calculated by the length of unobstructed curb adjacent to the project site.

4.6 Common Open Space
Common open space shall be provided at a minimum of 130 square feet per residential unit (average).

This provision allows for a wide range of both passive and active, indoor and outdoor spaces, open landscaped and hardscaped areas with fountains, seating, fire pits, or play structures, pool, and an indoor fitness center.

4.7 Private Open Space
Private open space shall be provided for each residential unit at a minimum of 90 square feet per unit.

This provision allows for balconies, decks, and patios, provided that the minimum dimension is no less Use Parking Space
Multiple-Family Dwellings – Resident Parking
 One-Bedroom Unit
 Two-Bedroom Unit

1.00 spaces per dwelling (at least one space
shall be in a garage or carport)

2.00 spaces per dwelling (at least one space
shall be in a garage or carport)
Multiple-Family Dwellings – Guest Parking
 Portion of dwellings < 100 0.20 spaces per dwelling
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DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 18 than 6 feet in any direction. Each private open space must also have direct access to its corresponding residential unit.

4.8 Landscaping
Landscaping shall be incorporated into new development and designed to integrate with the surrounding community by providing an aesthetically pleasing and sustainable environment. A conceptual landscape plan shall be submitted with the Development Plan for the PUD. The plan shall specify all landscape and hardscape elements for the development plan area including common open space areas, perimeter yards along the street rights-of-way, and all street trees. Landscape screening methods for ground-level utility boxes and mechanical equipment shall also be included in the plan. The minimum landscape coverage required for the PUD area is 15 percent of the total area.

All landscaping elements must be carefully chosen to provide a seamless transition between new construction and existing structures. Landscape elements should be utilized to reinforce pedestrian connections through attractive paving and planting design. Additionally, landscape pattern and planting should accentuate common open space areas within the PUD area. The use of native plant species is encouraged to minimize water consumption and promote biodiversity. Water conservation shall be considered, and low water using plant materials and water efficient irrigation shall be utilized. The landscape plan shall be drought tolerant and meet the current Water Use Classifications of Landscape Species requirements.

4.9 Tree Removal
Four (4) mature Australian Willow trees and four (4) mature Arizona Sycamore trees within the PUD area shall remain and be incorporated into the overall design of the development plan. The Australian Willow trees are currently located in the right-of-way on North Lemon Avenue and the Arizona Sycamore trees are located in the right-of-way on Plum Avenue. The additional forty-one (41) trees that are located within the existing surface parking lot will be removed and an arborist report shall be prepared for the PUD area.

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4.10 Infrastructure
Infrastructure within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) consists of the following improvements:
- Roadway (dedications/easements)
- Drainage
- Public Utilities (water and sewer)
Roadway, drainage, and public utilities are planned as illustrated in Exhibit 3.2: Conceptual Grading and Drainage Plan. All proposed public improvements shall be designed and constructed pursuant to the City of Ontario guidelines and specifications and per San Bernardino County and the State of California Water Resources Control Board guidelines for stormwater treatment. 365
DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 20 Exhibit 3-2: Conceptual Grading and Drainage Plan
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5. Design Guidelines

5.1 Building Orientation and Frontages
The building shall be oriented towards North Lemon Avenue and vehicular access shall be oriented towards the southern boundary of the PUD area.

Pedestrian entries may be located along East D Street and Plum Avenue provided that strong pedestrian connection is maintained through landscaped sidewalks and appropriately scaled lighting.

5.2 Architectural Character
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) strikes an impressive balance between the sleek design features of contemporary architecture and the charm and character of the historic Downtown area. The PUD integrates traditional materials with modern design elements to create an innovative development that embraces a timeless appeal. The careful selection and utilization of traditional, durable materials reflects the rich architectural heritage of the area and speaks to the history and character of the community. By combining traditional materials with modern design features, including minimalism, clean lines, and sleek finishes, the development exudes a refined aesthetic.

5.3 Architectural Details
New development should incorporate façade articulation techniques that reduce the perceived scale of large buildings and add visual interest from all observable scales. Buildings shall:
 Incorporate architectural enhancements such as recessed windows, balconies, decorative cornices, and awnings along all street frontages.
 Incorporate rooflines that are visually dynamic in a way that complements the building and surrounding area's composition.

This can be achieved through the utilization of sculpted roof forms or an attractive cornice with detailed design elements.

5.4 Materials and Colors
A color and material board shall be submitted with the Development Plan for the PUD to ensure the following:
 Materials and color scheme shall be compatible with, and complementary to the overall style of the development project.

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DRAFT Downtown Ontario Luxury Apartments, Phase II Planned Page | 22  A combination of dark and light colors shall be utilized to accentuate architectural features and breakup large building planes.
 Materials should include a mixture of stucco, horizontal siding, and brick veneer, in a variety of earth tone colors.

5.5 On-Site Lighting
 All lighting of facades, decorative fixtures, awnings, and signs shall be designed in accordance with the criteria set forth in Section 2D of the Downtown Ontario Design Guidelines.  Exterior light fixtures shall be designed to complement the architectural style of the building.  On-site lighting shall be directed away or shielded from adjacent streets and properties. All exterior lighting must be mounted in such a way that it does not project excessive light upwards, either by situating it beneath building eaves or integrating a shield such as a hood.

5.6 Signage
Signs within the PUD area shall comply with Division 8.01 (Sign Regulations) of the Ontario Development Code.
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6. Administration

6.1 Applicability
All development within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) shall be designed and constructed pursuant to the standards and guidelines herein. Where the PUD is silent on a standard, then the City of Ontario Development Code and the City’s Standard Conditions of Approval (COA) for New Development Projects Resolution No. R2017-027 shall govern. In the event of a conflict between the provisions of the PUD and the provisions of the Ontario Development Code and the City’s Standard COA, the PUD Standards shall supersede.

6.2 Planning Applications to Facilitate PUD Implementation Development Plan approval, pursuant to the requirements of Ontario Development Code Section

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

6.3 Administrative Exceptions
Deviation from the development standards set forth in this document may be granted up to a maximum of ten (10%) percent by the Zoning Administrator pursuant to the Ontario Development Code. 369
ORDINANCE NO.________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD23-002, A PLANNED UNIT

DEVELOPMENT TO ESTABLISH DEVELOPMENT STANDARDS AND
DESIGN GUIDELINES FOR THE PROJECT SITE, LOCATED AT 218
EAST D STREET WITHIN THE MU-1 (MIXED USE DOWNTOWN)
ZONING DISRICT AND MAKING FINDINGS IN SUPPORT THEREOF—
APNS: 1048-556-01, 1048-556-02, 1048-556-03, 1048-556-04, 1048-556- 05, AND 1048-556-14
WHEREAS, Euclid Investment Group, LLC. ("Applicant") has filed an Application for the approval of a Planned Unit Development, File No. PUD23-002, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 1.22 acres of land located on the south side of D street, west of Plum Avenue, and east of Lemon Avenue at 218 East D Street, within the MU-1 (Downtown Mixed Use) zoning district, and is presently improved with a paved public parking lot; and
WHEREAS, the property south across the public alley is within the Civic zoning district and is developed with the Ovitt Family Community Library. The property to the north is within the OL (Office Light) and MDR-18 (Medium Density Residential) and is developed with a mixture of commercial and residential land uses. The property to the east is within the MU-1 (Mixed Use Downtown) and developed with the University of La Verne. The properties to the west are within the MU-1 (Mixed Use Downtown) zoning district and are developed with C Street public parking structure and the Downtown Ontario Luxury Apartments (Phase I) which is currently under construction; and WHEREAS, an existing bus stop is located on the northeast corner of Euclid Avenue and D Street for Omnitrans Route 83. Additionally, located near Euclid Avenue on Holt Boulevard is Omnitrans Route 61 which has been identified as the future West Valley Connector Bus Rapid Transit (BRT); and
WHEREAS, the MU-1 (Mixed Use Downtown) zoning district allows for residential development at a density of 25.1 to 75 dwelling units per acre. Consistent with the MU-1 zoning district and TOP Downtown District Place Type, the Downtown Ontario Luxury Apartments (Phase II) PUD allows for residential development of 19 to 59 dwelling units, with a maximum building height of 40 feet (3 stories) and up to 55 feet for architectural projections; and
WHEREAS, the PUD requires a minimum of 1 resident parking space per bedroom and 0.20 guest parking per dwelling unit; and
WHEREAS, the PUD includes architectural design guidelines, specific to the downtown location, and establishes the following design principles:
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(a) Create an architectural character that reflects the various styles within the historic downtown by using similar proportions, building details and building material.
(b) New buildings should appear to fit in contextually with existing historic buildings by using similar proportions, articulation, building details and building material.
(c) The overall character should feel like a modern interpretation of a traditional American small town.
(d) Create compatibility between the existing mixed use and commercial architecture and the new residential architecture within the downtown area; the introduction of unifying elements such as similar materials and colors should be considered; however, “sameness” is discouraged; and WHEREAS, the Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"); and WHEREAS, the Project is exempt from CEQA pursuant to a categorical exemption (listed in CEQA Guidelines Article 19, commencing with Section 15300) and the application of that categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on February 27, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the initial study, Addendum, and the Project, and concluded said hearing on that date, voting to issue Resolution No. PC24-007 recommending the City Council approve the Application; and WHEREAS, on March 19, 2024, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and 371
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1: Environmental Determination and Findings. As the decisionmaking body for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(2) The Project is categorically exempt from environmental review pursuant to Section 15332 (Class 32, In-fill Development Projects) of the CEQA Guidelines, and meets all the following conditions:
(a) The proposed Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Downtown Mixed Use land use designation of the Policy Plan (general plan) Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable Policy Plan policies, as well as with the requirements of the MU-1 (Downtown Mixed Use) zoning district and the related proposed Downtown Ontario Luxury Apartments, Phase II Planned Unit Development, which, at the Project location, intends to accommodate housing units at a density of 25 to 75 du/ac. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.

The Project is proposed within the established boundaries of the City of Ontario, on a project site totaling 1.22-acres of land, which is surrounded by established development on all sides and consists of a mix of multiple-family, civic, retail, and commercial land uses. (c) The Project site has no value as habitat for endangered, rare, or threatened species. The site is located in an urbanized area, is devoid of any flora or fauna, is regularly used for passenger vehicle parking by neighboring residents, and as such not suitable habitat for any endangered, rare, or threatened species.
(d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The residential development is similar to, and of no greater impact than other 372
allowed uses and development projects within the MU-1 (Downtown Mixed Use) zoning district. The Project would not result in any significant impacts through implementation of required state, regional, and local development and performance standards, and as demonstrated in the GHG and Traffic analysis, noise and parking studies, Arborist Report, and the Preliminary Water Quality Management Plan ("PWQMP") prepared for the Project.
(e) The site is adequately served by all required utilities and public services. All necessary wet and dry utilities are within the public street and are readily available for connection; and
(3) The application of the categorical exemption is not barred by one of the exceptions set forth in CEQA Guidelines Section 15300.2; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council.

SECTION 2: 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 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 3: 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 2, above, the City Council hereby concludes as follows:
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(1) The proposed PUD, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.

The Project is consistent with Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan. Described within the PUD are The Ontario Plan objectives in which the Project complies with the Policy Plan goals and policies.
(2) The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The PUD has been established to ensure that: [i] the purposes of the Planned Unit Development are maintained; [ii] the project will not endanger the public health, safety or general welfare; [iii] the project will not result in any significant environmental impacts; [iv] the project will be in harmony with the area in which it is located; and [v] the project will be in full conformity with the Vision, City Council Priorities and Policy Plan components of The Ontario Plan.
(3) In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. The Downtown Ontario Luxury Apartments (Phase II) PUD area is situated in the heart of Ontario’s downtown and is adjacent to residential, commercial, educational, and civic land uses and development. The surrounding development supports the objective of the PUD for residential development. The Project does not affect the harmonious relationship with adjacent properties and land use.
(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. In preparing the proposed Downtown Ontario Luxury Apartments (Phase II) PUD, a thorough review and analysis of the proposed Project and the subject site’s physical suitability for the Project was completed, including analysis of the project size, shape, intensity of development, building height, building setbacks, site access, site landscaping and drainage, fences and walls, vehicle circulation, pedestrian connections, availability of mass transit, necessary street dedication and easements, public right-of-way improvements, availability of utilities and other infrastructure needs, off-street parking and circulation, building orientation and streetscapes, architectural character, building materials and color, and site signage. Based upon this review and analysis, the subject site has been deemed physically suitable, including but not limited to parcel size, shape, access, and availability of utilities, for the proposed Planned Unit Development and the proposed development. (5) The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan. The 374
Downtown Ontario Luxury Apartments (Phase II) PUD will establish minimum building setbacks, parking and open space requirements, allow on-street parking, and establish a planting palette. These standards will facilitate the residential development of 69 apartment units, parking facilities and private and common open space areas. The proposed Downtown Ontario Luxury Apartments (Phase II) PUD will allow for subsequent development that is superior to that which could be obtained through the application of the Development Code by itself.

SECTION 4: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 3, above, the City Council hereby APPROVES the herein described Planned Unit Development, attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 5: 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 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.

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 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. 375
PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
376

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 ___________, 2024 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)
377
ATTACHMENT A:

File No. PUD23-002;
Downtown Ontario Luxury Apartments (Phase II) Planned Unit Development (Document follows this page)
378
Downtown Ontario Luxury Apartments
(Phase II) Planned Unit Development
File No. PUD23-002
Ordinance No.

February 27, 2024
Prepared By:

CASC Engineering & Consulting, Inc.
1470 E. Cooley Drive
Colton, CA 92324
909-783-0101
www.cascinc.com
Prepared For:

Euclid Investment Group, LLC
2100 South State College Blvd.

Anaheim, CA 92806
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Table of Contents
Chapter 1. Introduction 6
Chapter 2. Objectives 8

2.1 The Ontario Plan Objectives 8

2.2 Downtown Ontario Luxury Apartments, Phase II Planned Unit Development Objectives
13 Chapter 3. Land Use 14

3.1 Residential Use 14

3.2 Permitted Uses 14
Chapter 4. Development Regulations 16

4.1 Project Density 16

4.2 Building Height 16

4.3 Building Setbacks 16

4.4 Vehicular Access 16

4.5 On-Street and Off-Street Parking 16

4.6 Common Open Space 17

4.7 Private Open Space 17

4.8 Landscaping 18

4.9 Tree Removal 18

4.10 Infrastructure 19
Chapter 5. Design Guidelines 20

5.1 Building Orientation and Frontages 20

5.2 Architectural Character 20

5.3 Architectural Detail 20

5.4 Materials and Colors 20

5.5 On-Site Lighting 21

5.6 Signage 21
Chapter 6. Administration 22

6.1 Applicability 22

6.2 Planning Applications to Facilitate PUD Implementation 22

6.3 Administrative Exceptions 22
List of Exhibits
Exhibit 1-1: Project Location 7
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Exhibit 2-1: TOP Land Use Plan 9
Exhibit 3-1: Site Plan 15
Exhibit 3-2: Conceptual Grading and Drainage Plan 20
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Exhibit 1-1: Project Location
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2. Objectives

Distinctive Development
 Commercial and Residential Development. A demonstrated ability to attract housing in pursuit of our acknowledged responsibility to balance housing with the job growth that drives our quality of life.  Development Quality. Superior quality and design of the built environment and open spaces through careful attention to detail at every scale, including public and private spaces and structures. 386
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Exhibit 2-1: TOP Land Use Plan
Land Use
Designation
Residential Density &
Non-Residential Intensity Intention
Low-Medium
Density

5.1 to 11.0 dwelling units per
acre
Single/multi-family attached and detached residences, including small lot subdivisions, townhouses, and courtyard homes.

Mixed Use -
Downtown

25.0 to 75.0 dwelling units per
acre

Open Space -
Parkland Not applicable Recreational facilities, such as tot-lots, parks, golf courses, and sports complexes and joint-use facilities with schools, utilities, and drainage facilities.

Public Facility Not applicable Public facilities including civic centers, governmental institutions, police and fire stations, transportation facilities, museums, and public libraries. 387
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Governance
Decision Making
 Goal G1 Decision Making: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices. - Policy G1-1: Consistency with Policies. We require that staff recommendations to the City Council be consistent with adopted City Council Priorities (Goals and Objectives) and The Policy Plan. - Policy G1-2: Consistency with Policies. We require that staff recommendations to the City Council be consistent with adopted City Council Priorities (Goals and Objectives) and The Policy Plan.

Policy Plan (General Plan)
Land Use Element
 Goal LU-1 Balance: 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.
- Policy LU-1.1: Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.

Housing Element
 Goal H-2 Housing Supply & Diversity: 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.
- Policy 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.
- Policy H-2.6: Infill Development. We support the revitalization of neighborhoods through the construction of higher-density residential developments on underutilized residential and commercial sites.
 Goal H-3 Governmental Regulations: A City regulatory environment that balances the need for creativity and excellence in residential design, flexibility and predictability in the project approval process, and the provision of an adequate supply and prices of housing. - Policy H-3.2: Flexible Standards. We allow flexibility in the application of residential and mixeduse development standards in order to gain benefits such as exceptional design quality, economic advantages, sustainability, or other benefits that would otherwise be unrealized. - Policy H-3.3: Development Review. We maintain a residential development review process that provides certainty and transparency for project stakeholders and the public, yet allows for the appropriate review to facilitate quality housing development. 388
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Community Economics Element
 Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
- Policy CE-2.1: Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community. - Policy 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. - Policy 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. - Policy CE-2.5: Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

Community Design Element
 Goal CD-1 Image & Identity: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses. - Policy CD-1.1: City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods.
- Policy CD-1.2: Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City's identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities. - Policy CD-1.3: Existing Neighborhoods. We require the existing character of viable residential and non-residential neighborhoods be preserved, protected, and enhanced.  Goal CD-2 Design Quality: A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes that are attractive, safe, functional, human- scale, and distinct. - Policy CD-2.1: Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
i. Building volume, massing, and height to provide context-appropriate scale and proportion; ii. 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 iii. Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.
- Policy CD-2.2: Neighborhood Design. We create distinct residential neighborhoods that promote a sense of community and identity by emphasizing access, connectivity, livability, and social interaction through such elements as:
i. A pattern of smaller, walkable blocks that promote activity, safety, and access to nearby amenities and services;
ii. Varied parcel sizes and lot configurations to accommodate a diversity of housing types; 389
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iii. Traffic calming measures to slow traffic and promote walkability while maintaining acceptable traffic flows and emergency evacuation access; iv. Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and
v. Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users.
- Policy 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.
- Policy 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, maintaining visibility and accessibility, and using lighting. - Policy 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. - Policy CD-2.10: 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:
i. Structured parking: facade articulation, screening, appropriate lighting, and landscaping. ii. 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.  Goal CD-3 Urban, Mixed Use, and Transit-Oriented Place Types: 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.
- Policy CD-3.1: Unique Identity. We promote development that heightens the unique character and identity of each Place Type by requiring compatible land uses and land planning, site design, and building design that promotes an active public realm. - Policy CD-3.2: Comfortable, Human-Scale Public Realm. We require that public spaces, including streets, parks, and plazas on both public and private property be designed to maximize safety, comfort and aesthetics and connect to the citywide pedestrian, vehicular, and bicycle networks. - Policy CD-3.4: Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.
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- Policy CD-3.5: Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type). - Policy CD-3.6: Managed Infrastructure. We collaborate with developers and property owners to facilitate development that realizes the envisioned character and functionality of the Place Type through the use of green and shared infrastructure within each Place Type.  Goal CD-5 Protection of Investment: A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional public and private investments.
- Policy 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.

2.2 Downtown Ontario Luxury Apartments, Phase II Planned Unit Development Objectives
The primary objective of the PUD is to establish standards and guidelines for land uses, building massing, architectural elements, landscape, open space, and parking that align with the goals of the City while also facilitating the development of a top-notch, high-density residential project. Specifically, the objectives of the PUD are as follows:
 To establish comprehensive land use and design principles that contribute towards the creation of innovative, functional, and sustainable housing.
 Promote the revitalization of the Downtown area and foster economic growth by establishing a high-density residential development within the historic Downtown setting.  To establish harmonious connections between new development and the neighboring residential land uses.
 To integrate high-density housing development into the surrounding community in a way that respects the character and cultural diversity of the area.  To establish quality standards that ensure long-term maintenance and aesthetics. 391
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3. Land Use

Other land use compatible with multiple-family residential development projects, as determined appropriate by the Zoning Administrator.

KTGY Architecture + Planning
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Exhibit 3-1: Site Plan
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4. Development Regulations

4.3 Building Setbacks
Building setbacks for the PUD are provided in Table 4-3 below.

Table 4-3: Minimum Building Setbacks

Setback Distance
Allowed Architectural
Projection Encroachment
Minimum Street Setbacks
 North Lemon Ave
 East D St
 Plum Ave
--
10 ft.
6 ft.
4 ft.
--
2 ft.
2 ft.
2 ft.

Minimum Rear Setback 5 ft. N/A
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Table 4-5: Minimum Parking Requirements
The Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) parking requirements are as follows:
 All required resident parking spaces shall be provided on-site;  Tandem parking spaces may be counted toward a maximum of 60 percent of the resident parking space requirement established by Table 4-5: Minimum Parking Requirements. Tandem spaces are limited to 2-bedroom units and will be assigned as such to eliminate competition or confusion of parking space;
 On-street parking may be utilized to satisfy guest-parking requirements, subject to the following:
i. On-street parking may be used to satisfy guest parking requirements only, and shall not be used for required resident parking;
ii. On-street parking shall only be counted along the public streets surrounding the project site, on the side of the street adjoining the project
iii. All on-street parking locations shall be subject to approval by the City Engineer; and iv. On-street parallel parking spaces shall be calculated by the length of unobstructed curb adjacent to the project site.

4.6 Common Open Space
Common open space shall be provided at a minimum of 130 square feet per residential unit (average).

4.7 Private Open Space
Private open space shall be provided for each residential unit at a minimum of 90 square feet per unit.

1.00 spaces per dwelling (at least one space
shall be in a garage or carport)

2.00 spaces per dwelling (at least one space
shall be in a garage or carport)
Multiple-Family Dwellings – Guest Parking
 Portion of dwellings < 100 0.20 spaces per dwelling
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than 6 feet in any direction. Each private open space must also have direct access to its corresponding residential unit.

Emerald Design
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4.10 Infrastructure
Infrastructure within the Downtown Ontario Luxury Apartments, Phase II Planned Unit Development (PUD) consists of the following improvements:
- Roadway (dedications/easements)
- Drainage
- Public Utilities (water and sewer)
Roadway, drainage, and public utilities are planned as illustrated in Exhibit 3.2: Conceptual Grading and Drainage Plan. All proposed public improvements shall be designed and constructed pursuant to the City of Ontario guidelines and specifications and per San Bernardino County and the State of California Water Resources Control Board guidelines for stormwater treatment. 397
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Exhibit 3-2: Conceptual Grading and Drainage Plan
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5. Design Guidelines

5.1 Building Orientation and Frontages
The building shall be oriented towards North Lemon Avenue and vehicular access shall be oriented towards the southern boundary of the PUD area.

Pedestrian entries may be located along East D Street and Plum Avenue provided that strong pedestrian connection is maintained through landscaped sidewalks and appropriately scaled lighting.

This can be achieved through the utilization of sculpted roof forms or an attractive cornice with detailed design elements.

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 A combination of dark and light colors shall be utilized to accentuate architectural features and breakup large building planes.
 Materials should include a mixture of stucco, horizontal siding, and brick veneer, in a variety of earth tone colors.

5.6 Signage
Signs within the PUD area shall comply with Division 8.01 (Sign Regulations) of the Ontario Development Code.
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6. Administration

6.2 Planning Applications to Facilitate PUD Implementation Development Plan approval, pursuant to the requirements of Ontario Development Code Section

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: 16
SUBJECT: A PUBLIC HEARING TO CONSIDER ADOPTION OF THE WATERMARKE ONTARIO PLANNED UNIT DEVELOPMENT (FILE NO. PUD22-006) ON A 5.81-ACRE PROJECT

SITE LOCATED AT THE NORTHEAST CORNER OF MOUNTAIN AVENUE AND

FOURTH STREET, SUBMITTED BY JAT LAND DEVELOPMENT

CITY OF ONTARIO
Agenda Report
March 19, 2024
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council adopt a Resolution approving the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report and introduce and waive further reading of an Ordinance approving the Watermarke Ontario Planned Unit Development (File No. PUD22-006).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is not a direct fiscal impact associated with this action. The proposed Watermarke Ontario Planned Unit Development (PUD) establishes development standards and guidelines to facilitate a mixed-use commercial and residential development. Implementation of the PUD would result in an increase in property taxes from future development and the one-time payment to the City for plan check fees and development impact fees.

BACKGROUND & ANALYSIS: On August 16, 2022, the Ontario City Council certified The Ontario Plan 2050 (TOP 2050) Supplemental Environmental Impact Report (SEIR, State Clearinghouse No. 2021070364) in conjunction with File No. PGPA20-002. The SEIR analyzed the Project site and 1.4 acres of land to the northwest of the Project site, also located within the same mixed-use district, and established guidelines for development. These guidelines include, but are not limited to, general land use (mixed-use residential and commercial), maximum density and development intensity (20-75 dwelling units per acre and 1.0 non-residential floor area ratio ("FAR"), respectively), and assumed dwelling units and commercial square footage (251 dwelling units and 70,008 SF, respectively). An Addendum to the SEIR was submitted in conjunction with the Project and is 402
explained, in detail, within the Environmental Review section of this report.

On September 8, 2022, the Applicant filed a Development Plan application (File No. PDEV22-042) to construct 357 dwelling units and 3,800 square feet of ground-floor commercial space on the 5.81- acre Project site. The request was submitted in conjunction with a Planned Unit Development ("PUD") application (File No. PUD22-006), to establish the development standards and design guidelines for the Project site.

PLANNED UNIT DEVELOPMENT: The MU-NH 8b zoning district requires the preparation and approval of a PUD to establish the development standards and design guidelines for the site. The proposed Watermarke Ontario PUD, included as Attachment A to the attached Ordinance, identifies the following components:

Objectives — The Objectives component of the PUD outlines the Project's consistency with The Ontario Plan, including its Vision, Governance Manual, Policy Plan (General Plan), City Council Priorities, Implementation, and Tracking and Feedback. The City's Policy Plan's goals and policies guide the City's continued growth. These goals extend to the Project's proposed residential and commercial land uses and the Project area's Mixed Use – Neighborhood Activity Hub (MU-NH) land use designation. The MU-NH land use designations allow for the development of low-rise mixtures of retail and residential land uses, which serve the surrounding residents.

The PUD is designed to achieve the purpose of the Policy Plan land use designations and comply with applicable goals and policies of The Ontario Plan. The PUD analyses several elements of The Ontario Plan, identifies specific policies, and reviews how the PUD is consistent with the identified policy. Specifically, the PUD analyses various goals and policies of the Land Use, Housing, Community Economics, Safety, and Community Design.

Additionally, from an economic development standpoint, the City of Ontario views this as a critical project to further serve the Ontario Vision and boost economic development activity. The City has been taking a targeted approach to revitalize underutilized shopping centers to bring in much needed housing units, as well as high-quality retail for our residents. The Project will replace dated retail space and provide a high-quality housing product with opportunity for retail spaces to provide the residents and surrounding community with food, beverage, service, and/or miscellaneous retail opportunities.

Policy Plan (General Plan) — The Policy Plan (General Plan) includes the Land Use Element, which designates the subject parcels within the PUD as "MU – Mixed-Use" to facilitate a horizontal and/or vertical mix of retail, service, office, restaurant, entertainment, cultural, and residential uses. The MU – Mixed-Use designation is further broken down into sub-categories to refine the type of mixeduse development desired by the City. The Project site is located within sub-area MU-NH – Mixed Use Neighborhood Activity Hub. This designation envisions low-rise buildings (three to five stories) with a mix of retail and residential land uses that will create identity and place and serve surrounding residents. This category allows for residential densities ranging from 20 to 75 dwelling units per acre and non-residential development intensity of 1.00 FAR. The build-out of the 7.21-acre sub-area is projected to be 251 dwelling units and 70,008 square feet of non-residential development.

The PUD regulates the redevelopment of 5.81 acres of this sub-area with the intent to create a 403
mixed-use project providing a total of 357 dwelling units and 3,800 non-residential square feet. The remaining 1.4 acres of the sub-area is located north of the PUD's boundary and is currently being developed with a church. The PUD would allow the total number of residential units to exceed the 251 units identified in the TOP 2050 build-out projection within this sub-area, resulting from the proposed multi-family development; however, the exceedance is offset by a significant reduction in the build-out of non-residential square footage.

Land Use Plan — The Land Use Plan briefly describes the land use designation allowing the Project to develop multifamily residential as well as multiple retail and neighborhood commercial land uses. Permitted land uses are those permitted and conditionally permitted uses allowed under the Development Code, Division 5.02 (General Land Use Provisions), Section 5.02.010 (Allowed Land Uses, Activities and Facilities), Table 5.02-1 (Land Use Matrix) for the Mixed Use (MU-8B) zoning district.

Development Regulations — The Development Regulations section establishes standards that govern development of the site, including the following topics: placement, height, and bulk of permitted buildings and structures, establish locational criteria for vehicular access to the site, parking and loading requirements, landscaping, and signage standards. These standards encourage a high-quality residential/mixed use development and also establishes flexible guidelines to encourage site development and ensure that the project meets a minimum standard of appearance and is compatible with the surrounding neighborhoods. The PUD proposes a maximum FAR of 1.0 and density of 20-75 dwelling units per acre; a maximum building height of 65 feet; minimum street and interior setbacks of 10 feet; and a minimum of 1.2 parking spaces per bedroom for residential uses and one space per 250 square feet of non-residential uses.

Design Guidelines/Landscape Standards — New development implemented under the PUD will generate new uses and design aesthetics to fulfill the design goals and policies of TOP. It will be guided by design criteria to provide articulation, dynamic materials and colors, and avoidance of bulky and monotonous elevations. Street trees and landscaped street setback areas will provide opportunities to frame the street, create and prioritize safe, attractive, and well-shaded pedestrian access from the public rights-of-way, and minimize building bulk from the public right-of-way. The proposed development will be subject to and governed by policies and goals regarding building orientation, access and parking facilities, service facilities, pedestrian linkages, architectural character, massing and scale, articulation and fenestration, architectural details, storefronts, materials and colors, roofs and rooftop equipment, non-residential outdoor dining areas, residential outdoor spaces and common recreational amenities, and landscape and hardscape elements.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan 2050.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.
404
AIRPORT LAND USE COMPATIBILITY: The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.

On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for File No. PUD22-006 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 Planning Commission, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP.

ENVIRONMENTAL REVIEW: The environmental impacts of this Project were reviewed in conjunction with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002. 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.

NEIGHBORHOOD MEETING: A neighborhood meeting regarding File No. PDEV22-042 was held at the Ontario Senior Center on June 22, 2023. Several members of the public attended and requested additional information about the Project, including the Project's scope of work, conceptual site planning, building design, and traffic. City staff provided additional information to the community members at the meeting and considered their input during Project review.

PUBLIC COMMENTS: As of the preparation of this Agenda Report, Planning Department staff has not received any correspondence regarding the proposed Planned Unit Development. However, staff did receive two written communications regarding the environmental addendum and the Development Plan. Please see the attached Planning Commission Staff Report dated February 27, 2024, for details.

PLANNING COMMISSION REVIEW: On February 27, 2024, the Planning Commission conducted a public hearing and voted 6-0 to recommend that the City Council consider and approve File No.

PUD22-006 and adopt an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report, pursuant to the facts and reasons contained in the staff report and attached Ordinance, and subject to the conditions of approval.
405
Case Planner: Tom Grahn Hearing Body Date Decision Action Planning Director
Approval:

DAB 12/18/2023 Approval Recommend
PC 02/27/2024 Final
Submittal Date: September 8, 2022 CC
FILE NOS: PUD22-006 and PDEV22-042
SUBJECT: A public hearing to consider the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report ("Certified SEIR") for the following: [1] a Planned Unit Development (File No. PUD22-006) to establish development standards and design guidelines for the 5.81-acre project site; and [2] a Development Plan (File No.

PDEV22-042) to construct 357 apartment units and 3,800 square feet of commercial space on 5.81 acres of land, located at the northeast corner of Mountain Avenue and Fourth Street, within the MU-8b (Mountain/Fourth Mixed Use) zoning district. Submitted by JAT Land Development LLC. City Council action is required for File No. PUD22-006.

PROPERTY OWNER: JAFAM Corporation
RECOMMENDED ACTION: That the Planning Commission, 1) consider and approve File No.

PDEV22-042, and 2) recommend that the City Council adopt File No. PUD22-006 and the accompanying Addendum to the TOP 2050 Subsequent Certified Environmental Impact Report, pursuant to the facts and reasons contained in the staff report and attached resolutions, and subject to the conditions of approval appended to the attached resolutions as "Attachment A". A summary of the resolution attachments has been provided in the Agency/Department
Reviews and Resolutions Section
below.

PROJECT SETTING: The Project site is
comprised of 5.81 acres of land
located at the northeast corner of
Mountain Avenue and Fourth Street,
within the Mixed Use – Neighborhood
Hub 8b – Mountain and Fourth (MU-NH
8b) zoning district. The site is currently
developed with commercial uses and
a post office. The properties to the
north of the Project site are within the
MU-8b (Mountain/Fourth Mixed Use)
and Low-Density Residential (LDR-5)
zoning districts and are developed
with a church (currently under Figure 1: Project Location 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

AGENDA REPORT
February 27, 2024
03/19/2024
Approved
Final - PUD
406
Planning Commission Agenda Report
File Nos.: PUD22-006 and PDEV22-042
February 27, 2024

Page 2 of 27 ends

Ontario City CouncilMarch 19, 2024

Ontario City Council
March 19, 2024