Agenda packet — Ontario City Council, August 20, 2024 (part 10 of 10)

CHAPTER 1. INTRODUCTION .............................................................................................................................5

1.1 PURPOSE..............................................................................................................................................................5

1.2 WHO IS THIS DOCUMENT FOR? .............................................................................................................................5

1.3 APPLICABILITY ......................................................................................................................................................5

1.4 USER GUIDE..........................................................................................................................................................6 CHAPTER 2: MULTIPLE FAMILY STANDARDS ....................................................................................................7

2.1 SITE DESIGN STANDARDS .......................................................................................................................................7

2.1.1 Site design................................................................................................................................................7

2.1.2 Site access...............................................................................................................................................7

2.1.3 Parking ......................................................................................................................................................7

2.1.4 Open space standards......................................................................................................................10

2.1.5 Landscaping .........................................................................................................................................13

2.1.6 Fences and walls..................................................................................................................................13

2.2 MULTIPLE-FAMILY DEVELOPMENT STANDARDS.....................................................................................................13

2.2.1 Height standards..................................................................................................................................15

2.2.2 Building Types........................................................................................................................................15

2.2.3 Materials and Detailing......................................................................................................................24

2.3 ARCHITECTURAL FAÇADE ELEMENTS....................................................................................................................26

2.3.1 Awning....................................................................................................................................................26

2.3.2 Projecting room....................................................................................................................................27

2.3.3 Bay Window ..........................................................................................................................................28

2.3.4 Balcony...................................................................................................................................................29

2.3.5 Terrace balcony...................................................................................................................................30

2.4 ENTRY ELEMENTS.................................................................................................................................................31

2.4.1 Stoop.......................................................................................................................................................31

2.4.2 Dooryard ................................................................................................................................................32

2.4.3 Porch .......................................................................................................................................................33 CHAPTER 3: MIXED USE DESIGN STANDARDS .............................................................................................. 34

3.1 SITE DESIGN STANDARDS ....................................................................................................................................34

3.1.1 Site Design..............................................................................................................................................34

3.1.2 Site Access.............................................................................................................................................34

3.1.3 Parking ....................................................................................................................................................34

3.1.4 Open Space Standards.....................................................................................................................37

3.1.5 Landscaping .........................................................................................................................................40

3.1.6 Fences and Walls.................................................................................................................................40

3.2 MIXED USE DEVELOPMENT STANDARDS..............................................................................................................40

3.2.1 Height Standards .................................................................................................................................43

3.2.2 Ground Floor Building Frontage.......................................................................................................43

3.2.3 Building Types........................................................................................................................................43

3.2.4 Materials and Detailing......................................................................................................................52

3.3 ARCHITECTURAL FAÇADE ELEMENTS...................................................................................................................54

3.3.1 Arcade....................................................................................................................................................54

3.3.2 Gallery.....................................................................................................................................................56

3.3.3 Commercial Awning...........................................................................................................................58

3.3.4 Commercial canopy ..........................................................................................................................59

3.3.5 Awning....................................................................................................................................................60 2038
Residential Objective Development & Design Standards

Page 3 of 80 ends

3.3.6 Canopy...................................................................................................................................................61

3.4 ENTRY ELEMENTS ................................................................................................................................................62

3.4.1 Shopfront................................................................................................................................................62

3.4.2 Lobby Entry ............................................................................................................................................63 CHAPTER 4. ARCHITECTURAL STYLES ............................................................................................................. 64

4.1 MISSION - SPANISH COLONIAL REVIVAL.............................................................................................................64

4.1.1 Form and Massing................................................................................................................................64

4.1.2 Roof .........................................................................................................................................................65

4.1.3 Materials and Colors...........................................................................................................................65

4.1.4 Doors and Windows............................................................................................................................65

4.1.5 Decorative Details...............................................................................................................................66

4.2 CRAFTSMAN.......................................................................................................................................................67

4.2.1 Form and Massing................................................................................................................................67

4.2.2 Roof .........................................................................................................................................................67

4.2.3 Materials and Colors...........................................................................................................................67

4.2.4 Doors and Windows............................................................................................................................68

4.2.5 Decorative Details...............................................................................................................................68

4.3 AMERICAN MERCANTILE.....................................................................................................................................69

4.3.1 Form and Massing................................................................................................................................69

4.3.2 Roof .........................................................................................................................................................69

4.3.2 Materials and Colors...........................................................................................................................70

4.3.4 Doors and Windows............................................................................................................................70

4.3.5 Decorative Details...............................................................................................................................70

4.4 TUSCAN..............................................................................................................................................................71

4.4.1 Form and Massing................................................................................................................................71

4.4.2 Roof .........................................................................................................................................................71

4.4.3 Materials and Colors...........................................................................................................................71

4.4.4 Doors and windows.............................................................................................................................72

4.4.5 Decorative details...............................................................................................................................72

4.5 MODERN ...........................................................................................................................................................73

4.5.1 Form and Massing................................................................................................................................73

4.5.2 Roof ......................................................................................................................................................73

4.5.3 Materials and Colors...........................................................................................................................73

4.5.4 Doors and Windows............................................................................................................................74

4.5.5 Decorative Details...............................................................................................................................74

4.6 FARMHOUSE.......................................................................................................................................................75

4.6.1 Form and Massing................................................................................................................................75

4.6.2 Roof .........................................................................................................................................................76

4.6.3 Materials and Colors...........................................................................................................................76

4.6.4 Doors and Windows............................................................................................................................76

4.6.5 Decorative Details...............................................................................................................................76 CHAPTER 5. ADMINISTRATION........................................................................................................................ 77

5.1 ADMINISTRATION OF STANDARDS .......................................................................................................................77

5.1.1 Interpretation and Severability ........................................................................................................77

5.1.2 Reference Documents.......................................................................................................................77

5.2 GLOSSARY OF TERMS..........................................................................................................................................77 2039
Residential Objective Development & Design Standards

Page 4 of 80 ends

5.3 CHECKLIST..........................................................................................................................................................80 2040
Residential Objective Development & Design Standards

Page 5 of 80 ends

Chapter 1. Introduction
Development and design standards regulate the intensity, style, size, and orientation of development. Objective design standards are quantifiable, verifiable, and measurable, offering a predictable and fair process for housing approvals. This document aims to streamline and endorse housing design that aligns with community consistency.

1.1 Purpose
The Objective Development and Design Standards (ODDS) introduced in this document align with The Ontario Plan (TOP) Policy Plan (general plan) and the Ontario Development Code to provide objective standards for streamlined ministerial approval of residential multiple-family and mixeduse development projects consistent with state law and implementation of TOP goals and policies.

The purpose of the Residential ODDS meets 2 primary objectives to:

1. Comply with state law. The ODDS provide standards for design, construction, review, and approval of multiple-family residential and mixed-use development, consistent with state law.

2. Implement TOP's Policy Plan. The ODDS implement the multiple-family residential and mixed-use land use designations in the Land Use Element and the policies in the Community Design Element, including the vision and intended outcomes of Place Types identified in Figures CD-01 through CD-07.

1.2 Who is this document for?
This document is intended for developers and property owners in the development of real property in the City of Ontario. It serves as a guide for clear communication between property owners, designers, developers, and City staff outlining the key elements of quality design. For property owners, it offers a concise understanding of design elements that are consistent with the Policy Plan and required by the Development Code.

1.3 Applicability
In addition to any objective standards imposed through the underlying base zone, the ODDS document provides standards for housing developments limited to the following areas (refer to the Policy Plan Land Use Plan Exhibits LU-01, LU-04, and CD-01 and the official Zoning Map):
• Multiple-Family Development. Applies to all multiple-family residential categories as shown on Policy Plan Land Use Plan Exhibit LU-01 (LMDR, MDR, and HDR, and Mixed-Use land use designations).
• Mixed-Use Development. Applies to mixed-use categories as shown on Policy Plan Land Use Plan Exhibit LU-01and associated Place Types as shown on Exhibit CD-01. 2041
Residential Objective Development & Design Standards

Page 6 of 80 ends

1.4 User guide

1. Identify TOP Policy Plan land use designation and zoning district. a. Refer to Exhibit LU-01 Land Use Plan and identify land use designation. b. Refer to the Official Zoning Map to verify zoning and whether the project falls within the Specific Plan or Planned Unit Development (PUD) and adhere to the standards outlined in each document.
c. Development applications shall utilize ODDS wherever PUD or Specific Plan standards are silent.

2. Apply multiple-family (Chapter 2) or mixed-use (Chapter 3) development standards.

3. Select architecture (Chapter 4).

For each project type select 1 of the following 6 styles: Mission-Spanish Colonial Revival, Craftsman, American Mercantile, Tuscan, Modern, or Farmhouse.

4. ODDS checklist.

Fill out ODDS checklist.
2042
Residential Objective Development & Design Standards

Page 7 of 80 ends

Chapter 2: Multiple Family Standards

2.1 Site design standards

2.1.1 Site design
Lot lines. The lines bounding a lot. The classifications of "Lot Line" are as follows:
a. Front. This line separates the narrowest street frontage of a lot from a public or private street right-of-way.
b. Interior "side". Any lot line that is not a front or rear lot line and does not border a public or private street right-of-way.
c. Rear. The lot line opposite and farthest from the front lot line. In the case of an irregularly shaped lot, a straight line shall be drawn to determine the rear lot line. d. Street side. Any lot line that is not a front or rear lot line, and which abuts a public or private street right-of-way.

2.1.2 Site access

1. Alleys. Vehicular access to the on-site parking areas shall be from the alley.

2. Roadway inclusion. Pedestrian access from the public right-of-way must include sidewalk on both sides of the driveway.

2.1.3 Parking
A. Placement on site
Parking shall be designed in compliance with the applicable standards contained in Division 6.03 (Off-Street Parking and Loading) of the Ontario Development Code, except as modified by the following:

1. Surface parking
a. Setbacks. Surface parking lots adjacent to public or private streets shall include a landscaped and irrigated setback a minimum of 5 feet in width measured from property line, or aligned with the building façade, whichever is greater. b. Orientation. Surface parking lots shall be located at the rear, side, or internal lot lines and away from the front lot line.

2. Above-ground parking structures. Ground-floor parking shall be sited behind residential, office, or commercial spaces.

3. Semi-subterranean parking. A semi-subterranean garage shall not extend beyond the building frontage line and shall not extend higher than 4 feet above sidewalk grade.

4. Subterranean parking. A subterranean parking structure may extend to all property lines.

5. Private residential garages. Each private garage must have vehicular access from an alley, side street, or motor court.
2043
Residential Objective Development & Design Standards

Page 8 of 80 ends

Figure 2.1-1 Semi-subterranean parking
2044
Residential Objective Development & Design Standards

Page 9 of 80 ends

B. Surface parking lot design
Surface parking lots shall be designed in compliance with the applicable standards contained in Division 6.03 (Off-Street Parking and Loading) of the Ontario Development Code, except as modified by the following:

1. Screening
a. Street-adjacent parking lots.
i. A street-adjacent surface parking lot shall be screened from view by a low wall or hedge no higher than 3 feet in height.
ii. Walls and hedges must be a minimum 18 inches from the back of the sidewalk.
iii. Landscaped berms are prohibited.
b. Neighboring parcels. Views from neighboring properties shall be screened with trees and shrubs.

2. Landscape. Landscaping materials shall be applied in compliance with the applicable objective parking lot landscape standards contained in Ontario Development Code Section 6.05.030 (Required Landscape Areas).

3. Shade structures. Shade structures, if used, shall match the architectural style of the project buildings.

Figure 2.1-3 Surface Parking Exhibit
Figure 2.1-2 Parking Court
2045
Residential Objective Development & Design Standards

Page 10 of 80 ends

c. On both sides of the parking court, sidewalks must be established, each with a minimum width of 15 feet. These sidewalks must connect with the adjacent public sidewalk network.

D. Parking structure design

1. Context-sensitive façade design. Parking structure façades shall incorporate a minimum 2 design elements using the architectural styles identified in Chapter 4: Architectural styles and adhere to Main Street or Urban and facade design standards applied in Section 2.2.2 Building Types.

2. Parking structure standards
a. Any driveway providing access to a parking structure shall have a minimum width of 28 feet.
b. Single access lane driveways into the structure shall not exceed 14 feet in width. c. Parked vehicles shall be screened from view from adjoining streets. d. Signs as shall be consistent with Division 8: Sign Regulations of Ontario Development Code.

2.1.4 Open space standards
A. Common open space and public frontage

1. Common open space type requirements. Common open space shall cover a minimum of 15 percent of the total lot area with the following exceptions:
a. Close to parks. Common on-site open space shall not be required for lots within a 1/4-mile of an existing park or plaza a minimum 0.25 acres in size. b. Common open space types. 1 or more of the common on-site open space types listed under "Common Open Space Types" shall be provided on each lot that has a residential use.

2. Access and visibility. At-grade open space shall be accessible and visible from the adjacent ground floor.

Figure 2.1-3 Parking structure and façade design
2046
Residential Objective Development & Design Standards

Page 11 of 80 ends

B. Common open space types
Forecourt
Design standards
a. A forecourt may occur on any floor and may be used as an allowed method of creating façade massing
increments.
b. Minimum dimensions. Forecourts shall be a minimum of 15 feet by 15 feet.

Side garden
Design standards
a. Minimum side garden dimensions: 15 feet by 15 feet.
b. Dooryards, porches, stoops, and architectural
elements may encroach into the side garden as
follows:
i. Up to a total of 30 percent of the side garden's width or length.
ii. A ground-floor encroaching element shall be
allowed to project a maximum of 8 feet into the side
garden.

Court
Design Standards
a. Minimum dimensions. All courts shall be a minimum of 20 feet by 30 feet.
b. Enclosure.
i. A court shall have building walls on a minimum 2
sides, while the third and fourth side can be defined
by architectural or landscape elements (i.e., low
walls, trellises, hedges, or rows of trees).
ii. A driveway located adjacent to a court shall be
screened by architectural elements (e.g., low walls
or trellises, hedges, or rows of trees).
c. Access
i. Courts shall be accessed from the street or walkway. ii. Units shall be allowed to take direct access through a court. d. Encroachments.
i. Dooryards, porches, stoops, and architectural elements may encroach into the Side Yard.

Figure 2.1-6 Court Configuration
Figure 2.1-4 Forecourt
Figure 2.1-5 Side Garden
2047
Residential Objective Development & Design Standards

Page 12 of 80 ends

ii. A ground floor encroaching element shall not encroach beyond 8 feet of the building's façade into the court.
e. Common area. A court shall serve as communal spaces and pedestrian access. f. Amenities. A court shall include a minimum 1 of the following amenities: a seating area, a fountain, a BBQ island, or an outdoor fireplace.

Passage
Design standards
a. Location. Passages shall be provided between
buildings or side gardens.
b. Size. Passages shall be a minimum width of 8 feet
with minimum of 2 feet of landscape strip on each
side.

C. Private open space
General standards
a. A minimum 60 square feet of private open space shall be provided for each residential unit and a minimum 1 of the private on-site open space types shall be provided.
b. Exception: Private on-site open space shall not be required for a project site that is located within 1/4-mile distance of an existing park or plaza that is a minimum 0.25 acres in size.

D. Private open space types
Private roof deck

1. Description. A private open space located on the roof of a building dedicated to a single unit.

2. Design standards. Minimum dimensions of 7 feet by 7 feet.

Backyard

1. Description. A private, landscaped open space located behind each individual unit that is intended to provide passive or active outdoor space for the users of the unit.

2. Design standards
a. Size. Minimum dimensions of 20 feet by 15 feet.
b. Encroachments. Encroachment into the backyard is allowed up to 30% of the rear yard area.

Architectural façade elements as private open space
Description. The following elements defined in Section 2.3 Architectural Façade Elements may be used to meet on-site private open space requirements. a. Balcony
b. Terrace Balcony
Figure 2.1-7 Passage configuration
2048
Residential Objective Development & Design Standards

Page 13 of 80 ends

Entry elements as private open space
Description. The following elements defined in Section 2.4 Entry Elements may be used to meet on-site private open space requirements.
a. Dooryard
b. Porch

2.1.5 Landscaping
General to all. Landscaping materials shall be applied in compliance with the applicable landscape standards contained in Ontario Development Code Section 6.05.030 (Required Landscape Areas).

2.1.6 Fences and walls
Fence and wall heights. Walls and fences shall be designed in compliance with the applicable standards contained in Division 6.02 (Walls, Fences, and Obstructions) of the Ontario Development Code.

2.2 Multiple-Family development standards
The following tables and associated standards for multiple-family development standards covering new residential construction, additions, remodels, or repurposed uses that necessitate an entitlement or building permit from the city. all standards listed under table 2.01 Multiple-Family Development Standards are applicable to all multiple-family projects including projects within mixed-use zones.

Table 2.01: Multiple-Family Development Standards
Requirements Development Type Additional
Regulations
Multiple-Family Residential
Mixed-Use Building Type
A. BUILDING DEVELOPMENT STANDARDS

1. Minimum Setback from Public
Street Property Lines
Urban
(25 du/ ac or
greater)
Neighborhood
(Less than 25 du/ac)
Housing
(Less than 25 du/ac
and 5 units or less)
Note 9
a. Arterial 0 feet 10 feet 14 feet
b. Collector 5 feet 10 feet 14 feet
c. Local 5 feet 15 feet 20 feet

2. Minimum Setback from
Interior Project Boundary
Property Lines
5 feet

3. Minimum Setback from Public
Alley Property Lines
5 feet

4. Minimum Setback from
Private Drives/Alleyways
(from edge of drive aisle)
a. Living Area 10 feet
b. Garages and Other
Nonhabitable Structures
10 feet

5. Minimum Setback from
Dwellings to Parking Spaces
2049
Residential Objective Development & Design Standards

Page 14 of 80 ends

Notes:

1. An existing lot of record that is substandard as to minimum "project" area and/or dimension(s), shall be permitted all the development rights of the zone in which it is located.

2. The density range shall be consistent with the underlying Mix-Used Category identified in Figure LU-04, Mixed Use Areas and defined in Table LU-02, Land Use Designations Summary Table, of the Policy Plan (General Plan). A density bonus and other incentives pursuant to GC Sections 65915 through 65918, may be granted by the Approving Authority. Refer to Development Code Subsection 6.01.010.H (Density Bonus and Other Incentives).

Requirements Development Type Additional
Regulations
Multiple-Family Residential
Mixed-Use Building Type
a. Living Area 10 feet
b. Garages and Other
Nonhabitable Structures
5 feet

6. Minimum Setback from
Parking Space or Drive Aisle
to Wall or Fence
5 feet

7. Minimum Separation
Between Detached Buildings
a. Dwelling Front to Front < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section

2.2.2 Building Types.

Note 5
b. Dwelling Front to Rear < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section

2.2.2 Building Types.

Note 5
c. Dwelling Front to Side < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section

2.2.2 Building Types.

Note 5
d. Dwelling Side to Side < 2-Stories: 10 FT; > 3 Stories: 15 FT unless otherwise specified by massing requirements ("Space between buildings") in Section

2.2.2 Building Types.

Note 5
e. Dwelling Side to Rear 15 FT; unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Massing and Façade Design
Note 5
f. Dwelling Rear to Rear 20 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Building Types.

Note 5

8. Garage to Garage (or other
nonhabitable structures)
30 FT – Entry to Entry
30 FT – Entry to Side
10 FT – Side to Side
10 FT – Side to Rear
Note 5

9. Minimum Storage Space 240 CF Note 4

10. Maximum Street Façade
Height
a. Downtown District 35 feet Note 8
b. Other Districts & Corridors: n/a
c. Neighborhood Centers: 35 feet

11. Maximum Building Height
a. Downtown District n/a Note 8
b. Other Districts & Corridors: n/a Note 5
c. Neighborhood Centers: 60 FT Note 5

12. Minimum Setback from Major
Pipelines
50 FT (to habitable structures) Note 7
2050
Residential Objective Development & Design Standards

Page 15 of 80 ends

3. A health risk assessment shall be required for multiple-family development projects located within 1,000 feet of a freeway, as determined by the Zoning Administrator.

4. Lockable private storage space for each residential unit shall be provided within a garage or storage building, or a space directly accessible from the dwelling. Exterior closets accessed from patios or balconies may be used if screened from public view.

5. Required building separation, and allowable heights may be differ based on massing type and adjacent uses. See Section 2.2.2 Building Types for additional information regarding building separation. See section 2.2.1 for standards adjusting allowable height.

The following items are exceptions to height standards identified in this table and those noted in section 2.2.1:
a. Equipment. Chimneys, elevators, stairs, mechanical houses, screened vents, HVAC equipment, and solar panels may exceed California Building Code height limits.
b. Architectural Elements. Architectural elements such as spires, steeples, or roof lanterns may exceed height limits if consistent with the architectural style outlined in Chapter 4 of the ODDS.

6. A lot designated as Mixed-Use (MU) in the Policy Plan (General Plan) shall be developed at no less than the minimum number of dwelling units allowed within the specified density range for the applicable Mixed-Use Category, except that If, because of the configuration/design of a lot, the minimum residential density cannot be achieved, the lot may be developed with non-residential uses.

7. Includes major high-pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16-inch and a 20-inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right-of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pacific rightof-way, then parallel to the northerly side of the right-of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and
b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.

8. In the Downtown District, the 35-story façade height shall extend a maximum of 70 percent of the frontage, and it must be broken up with upper-level setbacks (12 feet minimum) at3stories for a minimum of 30 percent of the frontage. Useable outdoor spaces, such as roof decks, may occupy the roof area of the upper-level setback; see Urban Form standards under section 2.2.2A Urban Building Type.

9. Projects less than 1 acre in size but exceeding 25 du/ac can use Neighborhood or Housing Form in lieu of the Urban massing form.

2.2.1 Height standards

1. Height transition zones. Requires all new buildings within 100 feet of less intense development patterns (existing or planned) to reduce heights to ensure neighborhood compatibility.

2. Multiple family development types. The following height limits shall apply to all proposed multiple family development types.
a. Buildings within 100 feet of single-family residential dwellings must not exceed 35 feet or the height of adjacent residential buildings, whichever is greater. b. Buildings within 100 feet of undeveloped single-family zone parcels shall not exceed 35 feet in height.

2.2.2 Building Types
Identify the suitable building type for the project based on its density, including:

A. "Urban" (applies to multiple-family development projects with 25 dwelling units per acre or more). Projects less than 1 acre in size but exceeding 25 du/ac can use neighborhood or housing Form in lieu of the urban massing form.

B. "Neighborhood" (applies to multiple-family development projects with fewer than 25 dwelling units per acre that include buildings with more than 5 units).

C. "Housing" (applies to multiple-family development projects with fewer than 25 dwelling units per acre that include buildings with 5 or fewer units). 2051
Residential Objective Development & Design Standards

Page 16 of 80 ends

Table 2.2-1 Building Types
Land Use Density Building Types
Greater than 25 du/ac Urban
Less than 25 du/ac and greater than 5 units Neighborhood Less than 25 du/ac and 5 units or less Housing form
A. Urban massing and façade design
Urban massing and façade design standards are required for all multiple-family developments projects with 25 du/ac or more.

Massing increments
Massing increments are visually discrete design compositions that are distinguishable from each other and have a coherent look and character from the ground to the top of the facade. Massing increments appear as either distinct buildings or distinct parts of a single building.

Massing standards.
a. Size of massing increments. Building facades along front and side lot lines that face public streets and are longer than 100 feet shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 150 feet. ii. A minimum 2 distinct massing increments shall be provided. b. Articulation of massing increments. Individual massing increments shall be differentiated from 1 another using a minimum 1 of the following massing strategies:
i. Vary parapet height by a minimum of 3 feet.
ii. Increase number of stories.
iii. Set back upper floor. Set the upper floor or multiple upper floors back a minimum of 15 feet from the facade.
iv. Set the entire facade back a minimum of 10 feet for 20 feet. v. Incorporate tower element.
c. Massing increments with distinct facades. Massing increments that have distinct facades and shall appear as distinct buildings.
d. Repeating massing increment design. A massing increment design may be repeated on the same project elevation. Repeated massing increments shall be separated by a distinct massing increment.
2052
Residential Objective Development & Design Standards

Page 17 of 80 ends

Element Standards Standards
A. Building façade along font lot line 400 feet max
B. Massing increment 150 feet max
C. Space between buildings 0 feet minimum
D. Façade setback (if elected) 10 feet x 10 feet minimum E. Building base height 15 feet minimum
F. Building façade alongside lot line 200 feet max
G. Height difference between massing increments 3 feet minimum H. Upper-level setback from facade 15 feet minimum
Figure 2.2-1 Urban: Massing Diagram
Figure 2.2-2 Urban: Massing strategies
2053
Residential Objective Development & Design Standards

Page 18 of 80 ends

Façade Composition
Façade Composition Standards.

Multi-story building façades. The building facade shall be divided into a base and body as follows:
a. Base. Separate the building base (entire ground floor facade or first 2 floors of building's 5 stories or taller) from the rest of the facade for a minimum of 15 feet (fewer than 5 stories) or 25 feet (5 stories or more) from grade, using a minimum 2 of the following strategies:
i. Provide a string course at the top of the first story. ii. Specify base materials different from rest of façade. iii. Specify base colors different from rest of façade. iv. Provide a ground floor Arcade or Gallery per Section 2.3 Architectural Façade Elements.
b. Body. The body of the building consists of the facade of all floors located above the base and shall be designed as follows:
i. Windows shall be organized in bays, bands, curtain wall, and grid of windows consistent with the Facade Fenestration Standards for the Urban massing type. ii. Each massing increment must contain its entire facade composition without elements overlapping the division between increments.

Fenestration design
Fenestration design addresses the percentage of window and door openings for ground floors and upper floors and glazing transparency.

Façade fenestration standards.

Minimum fenestration. Facade designs must meet a minimum fenestration percentage, calculated as the total window and door area divided by the total area of that part of the facade.
i. Ground floor.
a. Front lot line: 70% minimum.
b. All other frontages: 50% minimum.
c. Ground floor windowsills on facades along the front lot line shall be no higher than 3 feet above the adjacent grade.
d. Ground floor bathroom windows are prohibited on facades that face front lot line.
ii. Upper floors. 15% minimum.
2054
Residential Objective Development & Design Standards

Page 19 of 80 ends

B. Neighborhood massing and façade design
Neighborhood massing and façade design standards are required for all multiple-family development types applicable to multiple-family development projects with fewer than twentyfive (25) du/ac that include buildings with more than 5 units.

Massing increments
Element Standards Standards
A. Building façade along front lot line 135 feet max
B. Building façade length alongside interior lot line 135 feet max C. Space between buildings 15 feet minimum
D. Massing increment 75 feet max
E. Height difference between massing increments 2 feet minimum F. Façade setback (if elected) 10 feet x 20 feet
Figure 2.2-4 Neighborhood: Massing Diagram
E F
C
A
B
D
D
D
Figure 2.2-3 Urban: Fenestration Diagram
2055
Residential Objective Development & Design Standards

Page 20 of 80 ends

Massing Standards.
a. Size of massing increments. Building facades along front and side lot lines that face public streets and are longer than 135 feet shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 75 feet. ii. A minimum of 2 distinct massing/architectural increments shall be provided using 1 strategy from the massing strategies list and 1 strategy from architectural strategy list.
b. Massing strategy list.
i. Vary height by a minimum of 3 feet.
ii. Increase number of stories.
iii. Set back upper floors by a minimum 15 feet.
iv. Set the entire facade back a minimum of 10 feet for twenty feet. v. Increase story height.
vi. Incorporate tower element.

Figure 2.2-5 Neighborhood: Examples of Massing Strategies Diagram 2056
Residential Objective Development & Design Standards

Page 21 of 80 ends

c. Architectural strategy list:
i. Use different facade materials and/or colors.
ii. Window treatment and design. Use different window types, configurations, and/or frame colors.
iii. Diversify facade elements (balconies, trellises, chimneys, awnings) as per Section

2.3 Architectural Façade Elements.
iv. Vary the building entry element type or design of stoops, porches, dooryards, and other elements identified in Section 2.4 Entry Elements. v. Massing increments that have distinct facades, shall appear as distinct buildings. vi. A massing increment design can be repeated twice on the same project elevation, with a distinct separation between repeated increments.

Façade composition
Façade composition standards.

Multi-story building façades. The building facade shall be divided into a base and body as follows.
i. Base. Separate the building base (entire ground floor facade or first 2 floors of building's 5 stories or taller) from the rest of the facade for a minimum of 15 feet (fewer than 5 stories) or 25 feet (5 stories or more) from grade, using a minimum 2 of the following strategies.
(a) Provide a string course at the top of the first story. (b) Specify base materials different from rest of façade. (c) Specify base colors different from rest of façade.
(d) Provide a ground floor Arcade or Gallery per Section 2.3 Architectural Façade Elements.
ii. Body. The body of the building consists of the facade of all floors located above the base and shall be designed as follows:
(a) Windows shall be organized in bays, bands, curtain wall, and/or grid of windows consistent with the Facade Fenestration Standards for the Neighborhood massing type.
(b) Each massing increment's entire facade composition must be contained within its boundaries, with no overlap of facade elements, like window openings and balconies, across the division between increments.

Fenestration Design
Façade fenestration standards.
2057
Residential Objective Development & Design Standards

Page 22 of 80 ends

Minimum Fenestration. Facade designs must meet a minimum fenestration percentage, calculated as the total window and door area divided by the total area of that part of the facade:
i. Ground Floor: 30% minimum.
(a) Ground floor windowsills on facades along the front lot line that face public streets shall be no higher than 3 feet above the adjacent grade.
(b) Ground floor bathroom windows are prohibited on facades that face the front lot line.
ii. Upper floors: 15% minimum.

C. House-form massing and façade design
House-form massing and façade Design standards for projects with densities below 25 du/ac that include buildings with 5 or fewer units.

Element Standards Standards
A. Building Façade length along font lot line 60 feet max B. Massing Increment 60 feet max
C. Building Façade length alongside lot line 60 feet max D. Space between buildings 15 Feet
Massing and façade composition standards.
a. Massing increments. A massing increment shall include the whole length of a single building façade, up to 60 feet in length. Only 1 massing increment per building façade shall be included.
b. Length of buildings. Buildings along front and side lot lines that face public streets shall be no longer than 60 feet.
c. Space between buildings. Buildings along front and side lot lines shall be separated by a minimum15 feet.
d. Articulation of building façade. Frontages along front and side lot lines must differ from neighboring buildings on-site using a minimum of 2 of the specified massing and architectural strategies:

Figure 2.2-6 House Form: Massing Diagram
C
D
2058
Residential Objective Development & Design Standards

Page 23 of 80 ends

i. Façade setback. Setting a portion of the facade back a minimum of 2 feet for a length of 20 feet.
ii. Material or color. Use different facade materials and/or colors consistent with the architectural style.
iii. Window treatment and design. Use different window types, configurations, and/or frame colors.
iv. Architectural façade elements. Vary façade elements (balconies, trellises, chimneys, awnings) according to Section 2.3 Architectural Façade Elements. v. Entry elements. Vary the building entry element type or design of stoops, porches, dooryards, and other elements identified in Section 2.4 Entry Elements. vi. Vary roof form. Vary the roof form of different increments such as gabled, hipped, and others consistent with the architectural style of the building (selected from Chapter 4).

Figure 2.2-7 House Form Massing Strategies
2059
Residential Objective Development & Design Standards

Page 24 of 80 ends

Fenestration Design
Façade fenestration standards.

Minimum fenestration. Facade designs must meet a minimum fenestration percentage, calculated as the total window and door area divided by the total area of that part of the facade:
i. Ground floor: 30% minimum.
(a) Ground floor windowsills on facades along the front lot line that face public streets shall be no higher than 3 feet above the adjacent grade.
(b) Exception: Windows on garage panel door.
(c) Ground floor bathroom windows are prohibited on facades that face front lot line.
ii. Upper floors: 15% minimum.
iii. The horizontal distance between wall openings shall not exceed 15 feet within a facade or massing increment.

2.2.3 Materials and Detailing
Building Materials

2. Combining materials. When combining 2 or more wall materials on 1 facade:
a. Place lighter weight materials above more substantial ones (e.g., glass above wood, wood above stucco, stucco above masonry).
b. Vertical joints between different materials shall only occur at inside corners.

Windows and Doors
Material and Types
a. Window recess. Windows shall be recessed specific to each building's architectural style listed in Chapter 4: Architectural styles but shall be no less than 2 inches for any style.
b. Window Material
i. Vinyl or vinyl clad windows shall resemble wood windows (i.e., faux wood or engineered wood) in detailing and profile thickness and employ muted patterns and colors consistent with the building's architectural style. c. Trim
i. Window and door trim materials: Wood or cement fiber board is permitted. 2060
Residential Objective Development & Design Standards

Page 25 of 80 ends

ii. Building trim materials: Wood, stone, cast stone, pre-cast concrete, glass fiber, reinforced concrete, and cement fiber board.
2061
Residential Objective Development & Design Standards

Page 26 of 80 ends

2.3 Architectural façade elements

2.3.1 Awning
Figure 2.3-1 Awning Diagram
Element Standards Minimum Maximum
A. Depth Not Applicable 3 feet
B. Clearance above ground 8 feet Not Applicable
C. Length See Below
Design Standards
a. Encroachment. Residential Awnings may encroach into the setback or public rightof- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Material. Residential Awnings shall be of a simple shed form and made of codecompliant fire-resistant material. c. Upper floors. Each individual awning shall cover no more than 1 window opening. 2062
Residential Objective Development & Design Standards

Page 27 of 80 ends

2.3.2 Projecting room
Figure 2.3-2 Projecting Room Diagram
Element Standards Minimum Maximum
A. Depth Not Applicable 2 feet
B. Width Not Applicable 20 feet
C. Height Not Applicable 2-story building: 1 story max. 3-story building: 1 story max.
4-story+ building: 2 stories
maximum.

Design standards.
a. Encroachment. Projecting rooms may encroach into the setback or public right-ofway as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Support.
i. Building projecting rooms shall have visible supports (I.e., beams, braces, or brackets).
ii. Building projecting rooms shall be setback 10 feet from an adjacent property line.
c. Space between Projecting Rooms. Space between Projecting Rooms shall be 20 feet within the same building plane.
2063
Residential Objective Development & Design Standards

Page 28 of 80 ends

2.3.3 Bay Window
Figure 2.3-3 Bay Window Diagram
Element Standards Minimum Maximum
A. Height Not Applicable 10 feet
B. Width Not Applicable 10 feet
Design Standards.
a. Encroachment. Bay windows may encroach into the setback or public right-ofway as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Dimensions. Bay windows shall be a maximum of 10 feet wide and shall have a height that is equal to or greater than their width.
c. Depth: The depth of Bay Windows shall be a minimum of 3 feet. d. Façade placement. Bay windows shall be placed a minimum of 2 feet from any building corner and a minimum of 3 from any other bay window. e. Fenestration. Bay windows shall consist of a minimum 75% transparent fenestration. 2064
Residential Objective Development & Design Standards

Page 29 of 80 ends

2.3.4 Balcony
Figure 2.3-4 Balcony Diagram
Element Standards Minimum Maximum
A. Height See Below
B. Width Not Applicable
C. Depth See Below
Design Standards
a. Encroachment. Balconies may encroach into the setback or public right-of- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Façade projection or recession. Balconies may project from the facade, be recessed into the facade, or a combination of the two.
c. Required private open space. Balconies meeting private open space standards shall have a minimum dimension of 7 feet by 7 feet.
2065
Residential Objective Development & Design Standards

Page 30 of 80 ends

2.3.5 Terrace balcony
Figure 2.3-5 Terrace Balcony Diagram
Design standards
a. Encroachment. Terrace balconies may encroach into the setback or public rightof- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Support.
i. Terrace balconies shall be supported by continuous walls that extend all the way to the ground.
ii. Terrace balconies shall not be designed as posts, columns, or pillars. c. Required private open space. Terrace balconies meeting private open space requirement shall meet or exceed the 7 feet by 7 feet standards specified in

2.1.5 Open Space Standards.
2066
Residential Objective Development & Design Standards

Page 31 of 80 ends

2.4 Entry elements

2.4.1 Stoop
Figure 2.4-1 Stoop Diagram
Element Standards Minimum Maximum
A. Stoop Width 4 feet 8 feet
B. Stoop Depth (not
including stairs)
4 feet 8 feet
C. Stoop Floor Depth 1.5 feet 3 feet
D. Planter/ Fence Height Not Applicable 3 feet

1. Design Standards.
a. Relationship to entry. Stoops must align directly with the unit entry(s) they serve. b. Number of units served. Stoops shall provide access to a maximum of 2-unit entries. c. Lobby entries. Stoops may provide access to a lobby entry. d. Stoop stairway orientation. The exterior stoop stairway may be oriented perpendicular or parallel to the adjacent sidewalk.

2. Landscaping. Landscaping shall be planted on the sides of the stoop, either at grade or in raised planters. Raised planters shall have a minimum depth of 12 inches. 2067
Residential Objective Development & Design Standards

Page 32 of 80 ends

2.4.2 Dooryard
Figure 2.4-2 Dooryard Diagram
Element Standards Minimum Maximum
A. Depth, Clear 8 feet Not Applicable
B. Finish level above
sidewalk
Not Applicable 3 feet

1. Length of Terrace Not Applicable 150 feet
C. Distance between
stairways
Not Applicable 50 feet
Design Standards
a. Relationship to Entry. Dooryards shall align directly with the unit entry(ies) they serve.
b. Number of Units Served. Dooryards shall provide access to a maximum of 2-unit entries.
c. Enclosure. Dooryards shall be enclosed by a maximum 3-foot high, decorative walls, fences, or low hedges.
d. Architectural Style. Walls and/or fences shall match the building's architectural style.
e. Doorway Stairway Orientation. If the doorway is raised above grade, the exterior stairway for raised Dooryards shall be oriented perpendicular or parallel to the adjacent sidewalk.
2068
Residential Objective Development & Design Standards

Page 33 of 80 ends

2.4.3 Porch
Figure 2.4-3 Porch Diagram
Element Standards Minimum Maximum
A. Porch depth (excluding
stairs)
8 feet Not Applicable
B. Porch width 8 feet Not Applicable
C. Porch height 8 feet 12 feet
D. Floor height 1.5 feet 3 feet
E. Between porch and front
Property Line
5 feet Not Applicable
Design Standards
a. Number of units served. Porches shall provide access to multiple ground-floor unit doors.
b. Wrap-around porches. Porches shall wrap around building corners. 2069
Residential Objective Development & Design Standards

Page 34 of 80 ends

Chapter 3: Mixed Use Design Standards

3.1 Site Design Standards
General Design and Development Standards that meet or exceed all standards are applicable to all Projects.

3.1.1 Site Design

1. Lot lines. The lines bounding a lot. The classifications of "Lot Line" are as follows:
a. Front. This line separates the narrowest street frontage of a lot from a public or private street right-of-way.
b. Interior "side". Any lot line that is not a front or rear lot line and does not border a public or private street right-of-way.
c. Rear. The lot line opposite and farthest from the front lot line. In the case of an irregularly shaped lot, a straight line shall be drawn to determine the rear lot line. d. Street side. Any lot line that is not a front or rear lot line, and which abuts a public or private street right-of-way.

3.1.2 Site Access

1. Alleys. Vehicular access to the on-site parking areas shall be from the alley.

2. Roadway inclusion. Pedestrian access from the public right-of-way must include sidewalk on both sides of the driveway.

3.1.3 Parking
Parking shall be designed in compliance with the applicable standards contained in Division 6.03 (Off-Street Parking and Loading) of the Ontario Development Code, except as modified by the following:

A. Placement on site
Parking shall be designed in compliance with the applicable standards contained in Division 6.03 (Off-Street Parking and Loading) of the Ontario Development Code, except as modified by the following:

2. Above-ground parking structures. Ground-floor parking shall be sited behind residential, office, or commercial spaces.

3. Semi-subterranean parking. A semi-subterranean garage shall not extend beyond the building frontage line and shall not extend higher than 4 feet above sidewalk grade.

4. Subterranean parking. A subterranean parking structure may extend to all property lines. 2070
Residential Objective Development & Design Standards

Page 35 of 80 ends

5. Private residential garages. Each private garage must have vehicular access from an alley, side street, or motor court.

Figure 3.1-1 Semi-subterranean parking
2071
Residential Objective Development & Design Standards

Page 36 of 80 ends

B. Surface Parking Lot Design

3. Shade structures. Shade structures, if used, shall match the architectural style of the project buildings.

C. Parking court design
Design standards
a. The width of the parking court, when measured from 1 building face to the other, shall not exceed 100 feet.
b. The parking court shall consist of only1parking bay, and this bay shall not exceed a maximum width of 62 feet.
c. On both sides of the parking court, sidewalks must be established, each with a minimum width of 15 feet. These sidewalks must connect with the adjacent public sidewalk network.

Figure 2.1-3 Surface Parking Exhibit
Figure 3.1-2 Parking Court
2072
Residential Objective Development & Design Standards

Page 37 of 80 ends

D. Parking Structure Design

2. Parking Structure Standards
a. Any driveway providing access to a parking structure shall have a minimum width of 28 feet. Single openings shall be no wider than 14 feet. b. Parked vehicles shall be shielded from view from adjoining streets. c. The exterior elevations of parking structures facing a public street shall incorporate architectural elements from the project building.
d. Vehicular entries shall be located a minimum 50 feet from the corner of a block. e. Signs shall be consistent with Division 8: Sign Regulations of Ontario Development Code.

3.1.4 Open Space Standards
This Section provides standards that direct the design of common and private on-site open spaces.

A. Common Open Space and Public Frontage

2. Access and visibility. At-grade open space shall be accessible and visible from the adjacent ground floor.

Figure 3.1-4 Example of parking structure and Façade Design 2073
Residential Objective Development & Design Standards

Page 38 of 80 ends

B. Common Open Space Types
Forecourt
Design Standards
a. A forecourt may occur on any floor and may be used
as an allowed method of creating façade massing
increments.
b. Minimum dimensions. Forecourts shall be a minimum
of 15 feet by 15 feet.

Side Garden
Design Standards
a. Minimum side garden dimensions: 15 feet by 15
feet.
b. Dooryards, porches, stoops, and architectural
elements may encroach into the side garden as
follows:
i. Up to a total of 30 percent of the side garden's
width and/or length.
ii. A ground floor encroaching element shall be
allowed to project a maximum of 8 feet into the
side garden.

Court
Design Standard
a. Minimum dimensions. All courts shall be a minimum of 20 feet by 30 feet.
b. Enclosure.
i. A court shall have building walls on at minimum 2
sides, while the third and fourth side can be defined
by architectural or landscape elements (i.e., low
walls, trellises, hedges, or rows of trees).
ii. A driveway located adjacent to a court shall be
screened by architectural elements (e.g., low walls
or trellises, hedges, or rows of trees).
c. Access
i. Courts shall be accessed from the street or walkway. ii. Units shall be allowed to take direct access through a court. d. Encroachments.
i. Dooryards, porches, stoops, and architectural elements may encroach into the Side Yard.
ii. A ground floor encroaching element shall not encroach beyond 8 feet of the building's façade into the court.

Figure 3.1-5 Forecourt
Figure 3.1-6 Side Garden
Figure 3.1- 7 Court Configuration
2074
Residential Objective Development & Design Standards

Page 39 of 80 ends

e. Common area. A court shall serve as communal spaces and pedestrian access. f. Amenities. A court shall include at minimum 1 of the following amenities: a seating area, a fountain, a BBQ island, or an outdoor fireplace.

Passage
Design Standards
a. Location. Passages shall be provided between
buildings or side gardens.
b. Size. Passages shall be a minimum width of 8 feet
with minimum of 2 feet of landscape strip on
each side.

C. Private Open Space
General Standards
a. A minimum of 60 square feet of private open space shall be provided for each residential unit and a minimum 1 or more of the private on-site open space types shall be provided, with the following.
b. Exception: Private on-site open space shall not be required for a project site located within 1/4-mile distance of an existing park or plaza that is a minimum 0.25 acres in size.

D. Private Open Space Types
Private Roof Deck

1. Description. A private open space located on the roof of a building dedicated to a single unit.

2. Design Standards
a. Minimum dimensions of 7 feet by 7 feet.
b. Materials, finishes, fixtures, and colors visible from the street shall be designed consistent with the architectural style of the building.

Backyard

1. Description. A private, landscaped open space located behind each individual unit that is intended to provide passive or active outdoor space for the users of the unit.

2. Design Standards
a. Backyards are located behind the unit.
b. Minimum dimensions of 20 feet by 15 feet.
c. Encroachment into the backyard is allowed up to 30% of the space's width and/or length.
d. Maximum projection for any ground floor element is 8 feet, with a 10-foot upper floor setback from property line if there's usable space above the first floor.

Architectural Façade Elements as Private Open Space
Figure 3.1-8 Passage Configuration
2075
Residential Objective Development & Design Standards

Page 40 of 80 ends

Description. The following elements defined in Section 2.3 Architectural Façade Elements may be used to meet on-site private open space requirements. a. Balcony.
b. Terrace Balcony.

Entry Elements as Private Open Space
Description. The following elements defined in Section 2.4 Entry Elements may be used to meet on-site private open space requirements.
a. Dooryard.
b. Porch.

3.1.5 Landscaping
This section provides standards for landscaping, materials, and Irrigation.

1. General to All. Landscaping materials shall be applied in compliance with the applicable landscape standards contained in Ontario Development Code Section 6.05.030 (Required Landscape Areas).

2. Paths. Where front yards are landscaped, individual paths to the sidewalk shall be provided for each entrance.

3. Materials. Decorative accents. Paving materials shall incorporate decorative elements consistent with the architectural style of the building.

3.1.6 Fences and Walls
Fence and Wall Heights. Walls and Fences shall be designed in compliance with the applicable standards contained in Division 6.02 (Walls, Fences, and Obstructions) of the Ontario Development Code.

3.2 Mixed Use Development Standards
The following tables and associated standards for Mixed-Use standards covering new residential construction, additions, remodels, or repurposed uses that necessitate an entitlement or building permit from the City. All standards listed under Table 3.01 Mixed-Use Development are applicable to all mixed-use projects.

Table 3.01 Mixed Use Development Standards
Requirements Mixed-Use Development Standards Additional Regulations
Mixed-Use Building Type
A. BUILDING DEVELOPMENT STANDARDS
Massing and Façade
Design
Main Street Urban

1. Minimum Setback
from Public Street
Property Lines
Notes 2 & 8
a. Arterial 0 feet 0 feet
2076
Residential Objective Development & Design Standards

Page 41 of 80 ends

Table 3.01 Mixed Use Development Standards
Requirements Mixed-Use Development Standards Additional Regulations
Mixed-Use Building Type
b. Collector 0 Feet 5 feet
c. Local 5 feet 5 feet

2. Maximum Setback
from Public Street
Property Lines
a. Arterial 5 feet 5 feet
b. Collector 10 feet 10 feet
c. Local 10 feet 10 feet

3. Minimum Setback
from Interior Project
Boundary Property
Lines
0 feet (attached to adjacent property)
10 feet (freestanding)

4. Minimum Setback
from Public Alley
Property Lines
5 feet

5. Minimum Setback
from Private
Drives/Alleyways
(from edge of drive
aisle)
a. Living Area 10 feet
b. Garages and Other
Nonhabitable
Structures
5 feet

6. Minimum Setback
from Dwellings to
Parking Spaces
a. Living Area 10 feet
b. Garages and Other
Nonhabitable
Structures
5 feet

7. Minimum Setback
from Parking Space or
Drive Aisle to Wall or
Fence
5 feet

8. Minimum Separation
Between Detached
Buildings
a. Dwelling Front to Front < 2-Stories: 25 feet; > 3 Stories: 30 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
b. Dwelling Front to Rear < 2-Stories: 25 feet; > 3 Stories: 30 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
c. Dwelling Front to Side < 2-Stories: 25 feet; > 3 Stories: 30 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
d. Dwelling Side to Side < 2-Stories: 5 feet; > 3 Stories: 5 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
e. Dwelling Side to Rear 15 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
f. Dwelling Rear to Rear 20 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
30 feet – Entry to Entry
30 feet – Entry to Side
2077
Residential Objective Development & Design Standards

Page 42 of 80 ends

Table 3.01 Mixed Use Development Standards
Requirements Mixed-Use Development Standards Additional Regulations
Mixed-Use Building Type
g. Garage to Garage (or
other nonhabitable
structures)
10 feet – Side to Side
10 feet – Side to Rear

9. Minimum Storage
Space
240 CF Note 4

10. Maximum Street
Façade Height
a. Arterial 45 feet N/a Note 8
b. Collector N/a N/a
c. Local N/a N/a

11. Maximum Building
Height (from grade to
top of plate)
a. Arterial 120 feet
b. Collector 70 feet
c. Local 50 feet

12. Minimum Floor-toFloor Height
a. Ground Floor
(Non-residential /
Residential)
15 feet / 10 feet
b. Upper and Sub
Levels
9 feet

13. Minimum Setback
from Major Pipelines
50 feet (to habitable structures) Note 6
Notes:

1. An existing lot of record that is substandard as to minimum "project" area and/or dimension(s), shall be permitted all the development rights of the zone in which it is located. New lots designated as Mixed-Use (MU) in the Policy Plan (General Plan) shall comply with the identified minimum.

2. The density range shall be consistent with the underlying Mixed-Used Category identified in Figure LU-04, Mixed Use Areas and defined in Table LU-02, Land Use Designations Summary Table, of the Policy Plan (General Plan). A density bonus and other incentives pursuant to GC Sections 65915 through 65918, may be granted by the Approving Authority. Refer to Development Code Subsection 6.01.010.H (Density Bonus and Other Incentives).

3. Measurement of the continuous frontage may include existing frontages, provided there is no more than 10 feet between the frontage of active ground floor uses in the existing building and those of the proposed development project.

4. Adequate lockable private storage space for each residential unit shall be provided within a garage or storage building, or a space directly accessible from the dwelling. Exterior closets accessed from patios or balconies may be used if screened from public view.

5. A lot designated as Mixed-Use (MU) in the Policy Plan (General Plan) shall be developed at no less than the minimum number of dwelling units allowed within the specified density range for the applicable Mixed-Use Category, except that If, because of the configuration/design of a lot, the minimum residential density cannot be achieved, the lot may be developed with non-residential uses.

6. Includes major high-pressure pipelines for fuel oil, gasoline, and diesel and aviation fuels within the City. Existing pipelines include:
a. Two parallel pipelines (a 16-inch and a 20-inch) that enter the City at Benson Avenue, traveling parallel to the northerly side of the Southern Pacific right-of-way to Ontario International Airport, then parallel to the southerly side of the Southern Pacific rightof-way, then parallel to the northerly side of the right-of-way beyond Ontario International Airport, then exiting the City at Etiwanda Avenue; and
b. Two parallel pipelines that traverse the easterly portion of the City, entering the City at the southerly portion of Milliken Avenue, then traveling north under Milliken Avenue to Inland Empire Boulevard, then east to Rochester Avenue, then north to the City Limits.

7. The minimum setback from private streets shall be measured from a line running parallel to the street, which is located 12 feet behind face-of-curb (a.k.a., "parkway").

8. In the Downtown District, the 35 FT height shall extend a maximum of 70 percent of the frontage, and it must be broken up with upperlevel setbacks (12 feet minimum) at3stories for a minimum of 30 percent of the frontage. Useable outdoor spaces, such as roof decks, may occupy the roof area of the upper-level setback; see Urban Core standards under section 3.2.4. 2078
Residential Objective Development & Design Standards

Page 43 of 80 ends

3.2.1 Height Standards
Height Transition Zones. Requires all new buildings within 100 feet of less intense development patterns (existing or planned) to reduce heights to ensure neighborhood compatibility:

Vertical mixed use development types. The following height limits shall apply to all proposed vertical mixed use development types.
a. Buildings within 100 feet of single-family dwellings shall not exceed 35 feet or the height of adjacent residential buildings.
b. Buildings within 100 feet of undeveloped parcels with planned less intense uses shall not exceed 35 feet.

3.2.2 Ground Floor Building Frontage
Mixed-Use Development Types. The ground floor frontage for vertical mixed-use developments must be designed to accommodate commercial uses.

3.2.3 Building Types
Identify the suitable building type based on the location including (see Table 3.2-2):

1. "Main Street" (applicable to mixed-use areas within the District Place type as shown on Policy Plan Exhibits LU-04 and CD-01).

2. "Urban" (applicable to mixed-use areas outside the District Place type).

Table 3.2-2 Mixed- Use Building Types
TOP Land Use Place type Max Permitted Height Building Types Downtown 35 feet Main Street
Airport Metro/Entertainment 120 feet Main Street
Guasti 70 feet Main Street
South Euclid 70 feet Main Street
South Employment 70 feet Main Street
East Holt Blvd 70 feet Urban
Inland Empire Blvd 70 feet Urban
Infill 50 feet Urban
South of Riverside Drive 50 feet Urban
A. Main Street Massing and Façade Design
Main Street Massing and Façade design standards are required in all mixed-use areas within the District Place type, as shown in the City's Policy Plan (Exhibits LU-04 and LU-05).

Massing Increments
2079
Residential Objective Development & Design Standards

Page 44 of 80 ends

Massing Increments shall appear as either distinct buildings or distinct parts of a single building.

Massing Standards.

Requirements
A. Building Façade along font lot line (300 feet max).

B. Building Façade alongside lot line (150 feet max).

C. Space between buildings (0 feet min).

D. Massing Increment (75 feet max).

E. Height Difference between Massing Increments (3 feet min).

F. Façade Break (10 feet x 10 feet min).

G. Upper-Level Setback (15 feet min).
a. Size of massing increments. Building facades that face public streets and are longer than 75 feet in length shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 75 feet. ii. Single building projects less than 150 linear feet of street frontage shall have no massing increments applied.
iii. Single building projects between 150 and 250 linear feet of street frontage shall have at minimum 2 massing increments separated by a façade break. iv. Single project buildings that have more than 250 linear feet of street frontage shall have 3 massing increments each separated by a façade break. b. Required difference in facade height. Adjacent massing increments must vary in façade height measured from the sidewalk to the eave, cornice, or parapet, using a minimum 1 massing strategy (see Figure 3.2-1 and Figure 3.2.2):

B
C
Figure 3.2-1 Main Street: Massing Diagram
2080
Residential Objective Development & Design Standards

Page 45 of 80 ends

i. Vary number of stories.
ii. Vary the parapet height by a minimum of 3 feet.
iii. Incorporate tower element.
iv. Set back upper floor(s) a minimum 15 feet.
c. Articulation of massing increments. Individual massing increments shall be differentiated from one another using 3 of the following architectural strategies (see Figure 3.2-2 ):
i. Set façade increment back. Set the entire facade increment back a minimum of 3 feet.
ii. Base height. Vary the height of the building base of adjacent increments. iii. Façade colors. Use different facade materials and/or colors. iv. Window type/configuration. Use different window types, configurations, and/or frame colors.
v. Presence/arrangement of façade elements. Vary the presence or arrangement of façade elements such as projecting balconies, recessed balconies, trellises, chimneys, and awnings.

Figure 3.2-2 Main Street: Examples of Massing Strategies Diagram 2081
Residential Objective Development & Design Standards

Page 46 of 80 ends

d. Self-contained massing increments. Facade elements, such as window openings and balconies, shall not overlap the division between massing increments. e. Repeating massing increment design. A massing increment design may be repeated a maximum of 3 times on the same project elevation. Repeated massing increments may not be located immediately adjacent to each other.

Façade Composition
Facade Composition Standards.

Figure 3.2-3 Main Street: Massing Strategies
2082
Residential Objective Development & Design Standards

Page 47 of 80 ends

a. Facade Grid. The window, door, and/or shopfront openings of each individual facade shall be organized into a grid as follows:
i. Horizontal alignment of elements. Rooflines, openings, and materials within each facade shall be aligned horizontally.
ii. Vertical Bays. The entirety of a building's façade shall be clearly divided into vertical bays.
b. Multi-story building façades. Multi-story building
facades shall be designed to include a base,
middle, and top.
i. Base. Building base of entire ground floor for
buildings less than 5 stories or 25 feet for
buildings 5 stories or more, shall use a
minimum of 2 of the following strategies:
(a) Provide a string course at the
top of the first story;
(b) Specify base materials different
from rest of facade;
(c) Specify base colors different
from rest of facade;
(d) Provide a ground floor Arcade
or Gallery per (Section 3.2
Architectural Façade
Elements).
ii. Middle. The middle of the building—the
facade of all floors located above the
base—shall be designed as follows:

Figure 3.2-5 Main Street: Multi-Story
Building Façade Diagram
Figure 3.2-4 Main Street: Façade Composition
2083
Residential Objective Development & Design Standards

Page 48 of 80 ends

(a) Window and door openings shall be organized in bays per the façade fenestration standards of this section.
(b) If provided, attached façade elements such as balconies, bay windows, and projecting rooms, shall be designed per the façade fenestration standards of this section.
iii. Top. The façade elements that define the upper limits of the building—shall be designed as follows:
(a) The top of the building facade shall incorporate capping elements, such as a cornice, enhanced ornamentation, or a decorative parapet.

Fenestration Design
Fenestration Design addresses the percentage of window and door openings for ground floors and upper floors and glazing transparency.

Façade Fenestration Standards.
a. Minimum Fenestration. Facade designs shall include a minimum percentage of fenestration calculated as the total percentage of window and door area divided by the total area of that portion of the façade (see Figure 3.2-4):
i. Ground Floor: 70% minimum.
ii. Upper Floors: 15% minimum.

1. General to all floors. All window jambs/frames shall be set back a minimum of 2 inches back from the facade plane.

2. Specific to ground floors. Structural elements shall be visible on the exterior of ground floor facades to visually convey that the upper floors are supported. a. Ground floor windowsills on facades along the front lot line that face public streets shall be no higher than 3 feet above the adjacent grade. b. Ground floor bathroom windows are prohibited on facades that face front streets.

Figure 3.2-4 Main Street: Fenestration
2084
Residential Objective Development & Design Standards

Page 49 of 80 ends

B. Urban massing and façade design
Urban massing and façade design standards are required for all multiple-family developments projects with 25 du/ac or more.

Massing Increments
Massing increments are visually discrete design compositions that are distinguishable from each other and have a coherent look and character from the ground to the top of the facade. Massing Increments appear as either distinct buildings or distinct parts of a single building.

Massing Standards
Element Standards Standards
A. Building façade along font lot line 400 feet max
B. Massing increment 150 feet max
C. Space between buildings 0 feet minimum
D. Façade setback (if elected) 10 feet x 10 feet minimum E. Building base height 15 feet minimum
F. Building façade alongside lot line 200 feet max
G. Height difference between massing Increments 3 feet minimum H. Upper-level setback from facade 15 feet minimum
a. Size of massing increments. Building facades along front and side lot lines that face public streets and are longer than 100 feet shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 150 feet. ii. A minimum 2 distinct massing increments shall be provided.

Figure 3.2-9 Urban Massing
G
C
F
H
2085
Residential Objective Development & Design Standards

Page 50 of 80 ends

b. Articulation of massing increments. Individual massing increments shall be differentiated from one another using at minimum 1 of the following massing strategies:
i. Vary parapet height by a minimum of 3 feet.
ii. Increase number of stories.
iii. Set the upper floor or multiple upper floors back a minimum of 15 feet from the facade.
iv. Set the entire facade back a minimum of 10 feet for 20 feet. v. Incorporate tower element.
c. Massing increments with distinct facades. Massing increments that have distinct facades and shall appear as distinct buildings.
d. Repeating massing increment design. A massing increment design may be repeated on the same project elevation. Repeated massing increments shall be separated by a distinct massing increment.

Figure 3.2-10 Urban: Examples of Massing Strategies Diagram 2086
Residential Objective Development & Design Standards

Page 51 of 80 ends

Façade Composition
Façade composition standards address the design and arrangement of various building elevation elements that are applied to each massing increment, including window and door openings, attached and recessed façade elements such as bay windows, balconies, and arcades, and wall materials and colors.

Façade Composition Standards.

Multi-story building façades. The building facade shall be divided into a base and body as follows.
a. Base. Separate the building base (entire ground floor facade or first 2 floors of buildings 5 stories or taller) from the rest of the facade for a minimum of 15 feet (fewer than 5 stories) or 25 feet (5 stories or more) from grade, using a minimum 2 of the following strategies.
i. Provide a string course at the top of the first story. ii. Specify base materials different from rest of façade. iii. Specify base colors different from rest of façade. iv. Provide a ground floor Arcade or Gallery per Section 3.3 Architectural Façade Elements.
b. Body. The body of the building consists of the facade of all floors located above the base and shall be designed as follows:
i. Windows shall be organized in bays, bands, curtain wall, and/or grid of windows consistent with the Facade Fenestration Standards for the Urban massing type.
ii. Each massing increment must contain its entire facade composition without elements overlapping the division between increments. c. Strategies. The listed strategies show acceptable ways to differentiate massing increments:
i. Vary the height of the building body.
ii. Use different facade materials and/or colors.
iii. Use different window types/configurations.
iv. Diversify facade elements, including projecting balconies, recessed balconies, canopies, and awnings.

Fenestration Design
Fenestration Design addresses the percentage of window and door openings for ground floors and upper floors and glazing transparency.

Façade Fenestration Standards.
2087
Residential Objective Development & Design Standards

Page 52 of 80 ends

Minimum Fenestration. Facade designs must meet a minimum fenestration percentage, calculated as the total window and door area divided by the total area of that part of the facade.
i. Ground floor.
a. Front lot line: 70% minimum.
b. All other frontages: 50% minimum.
c. Ground floor windowsills on facades along the front lot line shall be no higher than 3 feet above the adjacent grade.
d. Ground floor bathroom windows are prohibited on facades that face front lot line.
ii. Upper floors. 15% minimum.

3.2.4 Materials and Detailing
A. Building Materials

1. Prohibited materials.
a. Fiberglass or plastic (false) architectural or facade elements or ornamentations are prohibited.
b. Rough-cast and sand-finishes are prohibited on all building surfaces that are visible from a street.
c. Reflective materials, such as mirrored glass, shiny metal, and chrome, are allowed with the following exception:
i. Application to small areas (up to 50 sq ft or 2% of façade area, whichever is less) for signage highlighting, ensuring no glare nuisance to traffic, pedestrians, or neighboring buildings.

Figure 3.2-11 Urban: Fenestration Diagram
2088
Residential Objective Development & Design Standards

Page 53 of 80 ends

B. Windows and Doors
Material and Types
a. Window recess. Windows shall be recessed in a manner that is specific to each building's architectural style but shall be no less than 2 inches for any style. b. Architectural style of detailing. Windows, doors, frames, colors, and styles shall be appropriate to the building's architectural style in terms of window type, proportion, and color.
c. Materials. Windows and doors shall be made of wood, fiberglass, fiberglass-clad wood, aluminum clad wood, or metal.
d. Glazing. Glazing shall be clear glass with no more than ten percent daylight reduction (tinting). Reflective (mirrored) glazing is prohibited. e. Residential buildings. The following are applicable to multiple-family development types.
i. Vinyl or vinyl clad windows shall resemble wood windows (i.e., faux wood or engineered wood) in detailing and profile thickness and employ muted patterns and colors consistent with the building's architectural style. ii. Nail-on windows that are deeply set within their frame are permitted. iii. Muntins shall be of a substantial dimension (e.g., not flat) and shall be placed on the exterior of windows.
iv. Trim:
a) Window and door trim materials. Wood or cement fiber board.

Foam trim around windows is allowed. Foam trim around doors is prohibited.
b) Building trim materials. Wood, stone, cast stone, pre-cast concrete, glass fiber reinforced concrete, and cement fiber board. 2089
Residential Objective Development & Design Standards

Page 54 of 80 ends

3.3 Architectural Façade Elements
The following architectural façade elements shall be incorporated into a development project to fulfill the requirements for façade articulation and/or articulation of massing increment defined in

3.2.3. Massing and Façade Design.

3.3.1 Arcade
Figure 3.3-1 Arcade
Element Standards Minimum Maximum
A. Depth 12 feet 16 feet
B. Distance from Property
Line
0 feet
C. Opening height, clear See Below
D. Overall height See Below
Design Standards.
a. Projection depth. The arcade projection depth from the ground floor facade shall be no greater than the height of the arcade opening (see Figure 3.3-1). b. Sidewalk depth beneath arcade. The covered sidewalk under the arcade shall be a minimum of 10 feet wide from the inside of the vertical support to the ground floor building face.
c. Entry element requirement. Arcades shall be combined with Shopfronts (defined in Section 3.4 Entry Elements).
d. Minimum openings and massing increments. Arcades shall be a minimum of 3 openings wide. The location where an arcade stops or changes in design or dimensions shall correspond to a change in massing increment (Section 3.2.3.

Massing and Façade Design) for massing increment requirements). e. Vertical supports. Vertical supports may be piers, columns, or arches. The width of a vertical support shall not exceed 3 feet.
2090
Residential Objective Development & Design Standards

Page 55 of 80 ends

f. Width of openings. The openings between vertical supports, as seen from the street, shall be taller than they are wide.
g. Shape and cadence of openings. Openings, whether rectangular or arched, must align with facade bays if present (vertical bays are mandatory for Main Street standards and optional for other massing types in Section 3.2.3. Massing and Façade Design).
h. Vertical clearance. The minimum vertical clearance at each opening shall be a minimum of 12 feet, excluding decorative brackets, spandrels, and/or lower portions of arches.
i. Arcade height relative to interior building floor height. The height of the soffit inside the arcade shall be no less than the height of the ceiling of the floor to which it corresponds.
j. Architectural style. Arcade detailing, including lighting, shall utilize the architectural style of the building.
2091
Residential Objective Development & Design Standards

Page 56 of 80 ends

3.3.2 Gallery
Figure 3.2-2 Gallery
Element Standards Minimum Maximum
A. Depth, clear 10 feet 16 feet
B. Distance to property
line, clear
0 feet 5 feet
C. Opening height, clear 12 feet 2 floors
D. Overall height See Below
Design Standards.
a. Projection depth. The gallery projection depth from the ground floor facade shall be no greater than the height of the gallery opening (see Figure 3.2-2 "A"). b. Sidewalk depth beneath gallery. The covered sidewalk width under the gallery must be a minimum of 10 feet from the inside of the vertical support to the ground floor building face (see Figure 3.2-2 "A").
c. Minimum openings and massing increments. Galleries shall be a minimum of 3 openings wide. The location where a gallery stops or changes in design or dimensions shall correspond to a change in massing increment (see Section 3.2.3.

Massing and Façade Design).
d. Vertical supports. Vertical supports may be piers or columns. The width of a vertical support shall not exceed 1 foot.
e. Width of openings. The openings between vertical supports, as seen from the street, shall be taller than they are wide.
f. Shape and cadence of openings. Openings may be rectangular but shall not be arched.
g. Vertical clearance. The minimum vertical clearance at each opening shall be a minimum of 12 feet, excluding decorative brackets and spandrels. 2092
Residential Objective Development & Design Standards

Page 57 of 80 ends

h. Gallery height relative to interior building floor height. The height of the soffit inside the gallery shall be no less than the height of the ceiling of the floor to which it corresponds.
i. Vertical alignment. Galleries may be single or double-story and shall correlate with building floors (see "D" in above figure).
j. Architectural style. Gallery detailing, including lighting shall utilize the architectural style of the building.
2093
Residential Objective Development & Design Standards

Page 58 of 80 ends

3.3.3 Commercial Awning
Figure 3.2-3 Commercial Awning Diagram
Element Standards Minimum Maximum
A. Depth 4 feet Not Applicable
B. Clearance above
sidewalk
8 feet Not Applicable
C. Length See Below
Design Standards.
a. Encroachment. Commercial awnings may encroach into the setback or public right-of- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Material. Commercial awnings shall be of a simple shed form, made of codecompliant fire-resistant canvas. c. Width. Awning widths shall equal in size to shopfront opening widths. d. Prohibited lighting. Internally illuminated and back-lit awnings and any associated light diffusers are prohibited.
2094
Residential Objective Development & Design Standards

Page 59 of 80 ends

3.3.4 Commercial canopy
Figure 3.2-4 Commercial canopy
Element Standards Minimum Maximum
A. Depth Not Applicable 3 feet
B. Minimum clearance
above ground
Not Applicable 12 feet
C. Length of terrace Not Applicable 150 feet
Design Standards.
a. Encroachment. Commercial canopies may encroach into the setback or public right-of- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Form and material. Canopies shall be of a simple form, made of metal and/or glass. c. Support. Canopies shall be supported either from below by metal brackets, or from above by rods and wires that affix to the wall.
d. Width. Canopies may extend across multiple storefronts. 2095
Residential Objective Development & Design Standards

Page 60 of 80 ends

3.3.5 Awning
Figure 3.2-5 Awning
Element Standards Minimum Maximum
A. Depth Not Applicable 3 feet
B. Clearance above ground 8 feet Not Applicable
C. Length See Below
Design Standards
a. Encroachment. Residential awnings may encroach into the setback or public rightof- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Material. Residential awnings shall be of a simple shed form, made of codecompliant fire-resistant. c. Upper floors. Each individual awning shall cover no more than 1 window opening. 2096
Residential Objective Development & Design Standards

Page 61 of 80 ends

3.3.6 Canopy
Figure 3.2-6 Canopy
Element Standards Minimum Maximum
A. Depth Not Applicable 3 feet
B. Minimum clearance from
landing
7 feet 8 feet
C. Length of terrace Not Applicable 8 feet

1. Design Standards
a. Material. Canopies shall be of a simple form, made of metal and/or glass. b. Support. Canopies shall be supported either from below by metal brackets, or from above by rods or wires that affix to the wall.
c. Upper floors. Each individual canopy shall cover no more than 1 window opening. 2097
Residential Objective Development & Design Standards

Page 62 of 80 ends

3.4 Entry Elements
This section regulates the design of Building entry elements such as porches, dooryards, stoops, shopfronts, and lobby entries to the fulfill façade articulation requirements identified in Section

3.1.3. Massing and Façade Design.

3.4.1 Shopfront
Figure 3.4-1 Shopfront
Element Standards Minimum Maximum
A. Height to top of transom 12 feet 16 feet
B. Height to bottom of
canopy/awning
8 feet 10 feet
C. Width of each shopfront
bay
10 feet 25 feet
D. Height of shopfront base 1 foot 3 feet
E. Awning/Canopy Depth 4 feet Not Applicable
Design standards.
a. Vertical bays. Shopfront openings must align into bays, following the vertical bay specifications in Section 3.2.3. Massing and Façade Design of main street standards.
b. Architectural façade elements.
i. Shopfronts in vertical mixed-use buildings may integrate with Galleries or Arcades.
ii. Visibility. Windowsills in non-entry bays shall not exceed 2 feet above grade. c. Setback use and design. Recessed shopfronts without dooryard, terrace, or porch designs shall extend to the property line.
2098
Residential Objective Development & Design Standards

Page 63 of 80 ends

3.4.2 Lobby Entry
Figure 3.3-2 Lobby Entry
Element Standards Minimum Maximum
A. Height to top of transom 10 feet 20 feet
B. Height to bottom of
canopy/awning
8 feet Not Applicable
C. Distance to property line Not Applicable 20 feet
D. Awning/Canopy Depth 4 feet Not Applicable
Design Standards.
a. Lobby entries shall be visible and distinguishable from adjacent ground floor units and include a minimum of 1 of the following design strategies:
i. Center placement for symmetry.
ii. Prominent corner location.
iii. Incorporate 2 architectural elements (columns, overhanging roofs, canopies, awnings, or ornamental light fixtures).
iv. Recessed entry.
v. Entry framing.
b. Main Street massing types.
i. Lobby entries shall not exceed 20% of the frontage length. ii. Allocate the remaining length to shopfronts.
c. Visibility. Lobbies entries shall be visible from the public right of way as follows:
i. Windowsills shall be no higher than 2 feet above adjacent grade. ii. Internal shade devices such as blinds, shades, or curtains are prohibited. d. A forecourt may be introduced to provide a transition between the entry and sidewalk (forecourt standards are discussed in Section 3.1.5 Open Space Standards).

C
2099
Residential Objective Development & Design Standards

Page 64 of 80 ends

Chapter 4. Architectural styles
Below is a list of Architectural styles which shall be applied. A maximum of 1 architectural style shall be applied to each project.

4.1 Mission-Spanish Colonial Revival

4.2 Craftsman

4.3 American Mercantile

4.4 Tuscan

4.5 Modern

4.6 Farmhouse

4.1 Mission - Spanish Colonial Revival
Influenced by Spanish/Mediterranean and early Californian styles in the late 19th and early 20th centuries, the Spanish Colonial Revival style is asymmetrically arranged and includes low-pitched roofs covered with S-type clay red roofing tiles, wooden frames with stucco siding, and arches above doors, porch entries, and main windows.

Figure 4.1-1 Mission - Spanish Colonial Revival

4.1.1 Form and Massing
Façade Design (Apply all)
a. Asymmetrical façade/elevations.
b. Three or more roof planes.
c. A minimum of 50 percent of the units shall have balconies or window treatments (such as shutters or awnings).
d. Entrances are recessed a minimum 12 inches.
e. Additional details for projects over 4 stories, vertical mixed use, or with more than 15 buildings (requires 2 details):
2100
Residential Objective Development & Design Standards

Page 65 of 80 ends

i. Include 2 add-on projections such as verandas, arcades, balconies, and exterior stairs.
ii. The ends of building massing's shall be stepped down. iii. One focal point, such as courtyard, tower, or fountain. iv. Apply wingwalls or columns on the ground level.

4.1.2 Roof
Roof Design (Apply all)
a. Low-pitched (4:12 maximum) cross- or side-gabled roofs. The pitch shall remain constant except for a veranda or arcade.
b. Red, fired, clay tile roofs. Tile types include both Spanish (S-shaped) and Mission (half-cylinder).
c. Hipped roofs shall only be used in combination with gables or on a tower element. d. Shed roofs are only used in conjunction with verandas. e. When a flat roof is used, it shall be screened by a parapet that is an extension of the wall plane or by a modified Mansard roof.

4.1.3 Materials and Colors
Materials and Colors (Apply all)
a. Roof tiles shall use terracotta, brown earth tones, or rustic red color palettes. b. White, cream, or tan stucco wall with smooth (20/30) textured finish (i.e., hand troweled)
c. Wood shall be used as secondary wall material for the following and similar elements:
i. Posts and exposed beams.
ii. Railing, spindles, and grille work.
iii. Shutters, window frames, and doors.
d. If windows have shutters, the shutters' color shall match the accent color that is use for doors or decorative trim.
e. A minimum of 1 wrought-iron element (such as railings, hardware, and gates) shall be used.

4.1.4 Doors and Windows
Door and Windows (Apply all)
a. Accent windows shall be a minimum of 20 percent of the total windows. b. The primary facade shall include a minimum of 1 arched element. c. A minimum of 50 percent of the windows shall be casement windows. d. All entrance-door surrounds shall be banded with ceramic tile, molded plaster, or painted accents.
e. All casement windows and double-hung windows shall have wood frames. f. Eighty percent of the windows shall have window muntins. 2101
Residential Objective Development & Design Standards

Page 66 of 80 ends

4.1.5 Decorative Details
Decorative Details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Entry/front porch or patio.
ii. Decorative tiles.
iii. Clay tile vents.
iv. Wrought-iron balcony railings or support brackets.
v. Dark-metal light fixture and hardwires.
vi. Paired wood (or wood simulated) garage doors with iron hardware. vii. Verandas, pergolas, or arcades.
viii. Exterior stairs.
ix. Awnings with metal spear supports.
2102
Residential Objective Development & Design Standards

Page 67 of 80 ends

4.2 Craftsman
The Craftsman or California Bungalow style, originating from the early 20th-century Arts and Crafts movement. Notable features include the artful use of wood and natural materials, low-pitched roofs, horizontal orientation, earth-toned colors, exposed rafters, decorative brackets, porches, and columns.

Figure 4.2-1 Craftsman

4.2.1 Form and Massing
Façade Design (Apply all)
a. Asymmetrical facades/elevations.
b. Three or more roof planes on the primary facade.
c. Front-facing gable roofs.
d. Street-facing units shall have balconies or porches. e. The front lot line façade shall have 2 to 3 materials/colors.

4.2.2 Roof
Roof Design (Apply all)
a. Low- to moderate-pitched gable or hipped roofs from 6:12 to 8:12. b. Overhanging eaves (minimum 24 inches along primary elevation) with exposed rafter tails or beams.
c. Brackets or knee braces at gabled ends.
d. Use of imitation wood or asphalt shingles.

4.2.3 Materials and Colors
Materials and Colors (Apply all)
a. Brick or stone shall be used in the base.
b. Primary wall materials shall include dark-color wood shingles, clapboard siding, or fiber cement siding and natural materials such as stone or brick. c. Use of earth-toned color palette, such as browns and greens. 2103
Residential Objective Development & Design Standards

Page 68 of 80 ends

d. The front lot line façade shall have a minimum 3 paint colors: 1 for the cladding ,1 for trim, and 1 for accents such as windows and decorative details.

4.2.4 Doors and Windows
Door and Windows (Apply all)
a. A minimum of 50 percent of the windows shall be casement windows. b. A minimum of 80 percent of the primary windows shall be multi-paned. c. A minimum of 2 types/shapes of windows shall be used. d. Utilize flat wood trims (typically 4½ inches or 5½ inches wide) around the primary windows and entry doors.
e. Window and door trim color shall be different with the color of the walls. f. Entry doors and garage doors shall have 1 row of vertical or horizontal glass panels.

4.2.5 Decorative Details
Decorative Details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Stone pier and battered wood support.
ii. Exposed rafter tails and knee-brace brackets.
iii. Dormers on the front façade.
iv. Second-story balcony.
v. Decorative attic/gable vent.
vi. Light fixtures shall be box-shaped, with metal frame and geometric pattern. vii. Chimneys are visible at the exterior and arranged on a side elevation. viii. Stained-glass or transom windows.
ix. Covered front porches shall tapered pillars.
x. Ground-level windows shall have muntins.
2104
Residential Objective Development & Design Standards

Page 69 of 80 ends

4.3 American mercantile
This building type began in the late 19th century when, in the process of identifying towns and cities, housing and offices were built over retail stores. This mixed-use strategy is still relevant today as the reurbanization of existing city centers becomes an established pattern.

Figure 4.3-1 American Mercantile

4.3.1 Form and Massing
Façade Design (Apply all)
a. Asymmetrical facades/elevations.
b. Simple, rectangular form.
c. Symmetrical placement of piers, columns, ground-floor storefronts, and openings on upper levels.
d. Transparent windows and doorways shall be no less than 80 percent of the street frontage at the ground level.
e. Multistory facades are divided into base, body, and top, with the ground floor taller than the upper floors.
f. Columns or lintels over openings.
g. Bases are articulated by changes in material or changes in wall plane. h. Minimal projections or recessions on wall plane.

4.3.2 Roof
Roof Design (Apply all)
a. Flat roof.
b. A projecting cornice or a receding, stepped parapet. c. Cornice and details mimic and reference historical detailing. d. Street-facing gable roof with roof pitches at minimum 5:12 unless concealed behind a parapet.
2105
Residential Objective Development & Design Standards

Page 70 of 80 ends

4.3.2 Materials and Colors
Materials and Colors (Apply all)
a. Walls shall be composed of brick.
b. Decorative moldings, cornices, or an applied ornament of stone or cast concrete shall be used.
c. No more than 3 colors shall be used on any given facade. d. Stucco and clapboard is prohibited.

4.3.4 Doors and Windows
Door and Windows (Apply all)
a. Ground-floor windows and doors shall be large and expansive with a transom. b. Upper-floor windows shall be double-hung vertically and grouped with a rhythm consistent with the major storefront openings below.
c. Entrance shall have higher bays, recessed entries by a minimum of 3 feet, or different color/materials.
d. Upper-floor windows shall have window lintel and sill. e. Transom windows above the doors and windows on the ground level. f. Fifty percent of windows shall have muntins.
g. Upper floor windows shall have a minimum 2-inch recess.

4.3.5 Decorative Details
Decorative Details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Awnings, canopies, and second-floor balconies.
ii. Pedimented windows.
iii. Wide window trim with a keystone.
iv. Double-bracketed cornice.
v. Gable roof.
vi. Roof finial.
vii. Transom above door and windows on the ground level. viii. Metal balcony railing.
ix. Canopy or awning.
x. Recessed entries.
xi. Cast-iron columns.
xii. Shopfront millwork.
2106
Residential Objective Development & Design Standards

Page 71 of 80 ends

4.4 Tuscan
A blend of Spanish Revival and rural Italian elements, this interpretation of traditional Mediterranean architecture features stone and stucco, light earth tones, and red-tiled roofs.

Classical elements like columns, arches, and decorative ironwork enhance visual complexity.

Italianate references are evident in squared towers and projections. Features include porches, porticoes, and vertically oriented, recessed windows.

Figure 4.4-1 Tuscan

4.4.1 Form and Massing
Façade Design (Apply all)
a. Asymmetrical arrangement of windows and design elements along front lot line. b. Porches, porticoes and/or Juliet balconies.
c. Recessed entries (a minimum of 3 feet).

4.4.2 Roof
Roof Design (Apply all)
a. Flat or low-pitched hip or gable roof (maximum 6:12 slope). b. Red-toned clay tiles.
c. Multiple roof levels (at minimum 3).
d. Large overhanging eaves (minimum 12 inches) along primary elevation.

4.4.3 Materials and Colors
Materials and Colors (Apply all)
a. Incorporate rough-hewn stone as accent feature.
b. Flat stucco walls in light earth tones.
c. Use of earth-toned color palette.
2107
Residential Objective Development & Design Standards

Page 72 of 80 ends

d. Brown or beige window frames.

4.4.4 Doors and windows
Doors and windows (Apply all)
a. Single- or double-hung windows shall be more horizontal in proportion, with six-oversix muntin patterns and 5½-inch-wide trim. b. Casement windows shall be paired with four-pane patterns for smaller windows and eight-pane patterns for larger windows.
c. Vertically oriented rectangular or arched windows arranged in asymmetrical patterns.
d. Casement or double-hung sash with flat or arched lintels. e. Windows shall be recessed 3 to 12 inches.

4.4.5 Decorative details
Decorative details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Juliet balconies.
ii. Rafter extensions and brackets.
iii. Stone or stucco window/door trim.
iv. Rectangular or arched wooden door.
v. Arcade or porch at entry.
vi. Decorative ironwork (window grilles, railings, light fixtures, decorative planters). vii. Arched windows.
viii. Paired decorative wood shutters. Shutters shall be equal to half the width of the window. Shutter styles shall be paneled or louvered.
ix. Use of brick, stone, or wood columns.
x. Stucco or stone chimneys.
xi. Different-color wood trellis.
xii. Arched openings and doorways at the ground level.
2108
Residential Objective Development & Design Standards

Page 73 of 80 ends

4.5 Modern
Modern architecture prioritizes clean lines, geometric shapes, and the use of unconventional or industrial materials such as glass, metal, concrete, steel, and reclaimed materials characterized by extensive large windows, contemporary buildings maximize natural light, and passive solar heating.

Figure 4.5-1 Modern

4.5.1 Form and Massing
Façade Design (Apply all)
a. An irregular, asymmetrical façade.
b. Rectangular structure.
c. Horizontal massing.
d. Straight and continuous lines.
e. Repeating lines and elements.

4.5.2 Roof
Roof Design. Flat or low-pitched roofs (4:12 slope max).

4.5.3 Materials and Colors
Materials and Colors (Apply all)
a. Use of raw and natural materials including wood, concrete, metal, and glass. b. Traditional materials (such as smooth stucco (20/30), wood, brick, and stone) shall be used as an accent material.
c. Minimum 2 materials on the building facade.
d. Use of color blocking for geometric forms and break up massing elements. e. Building facade shall incorporate a minimum of 2 of the following as an accent:
i. Awnings.
2109
Residential Objective Development & Design Standards

Page 74 of 80 ends

ii. Popouts, trellis.
iii. Arbor structures.
iv. Balconies.

4.5.4 Doors and Windows
Door and Windows (Apply all)
a. Large glass doors and/or window openings.
b. Window wrapping around a corner of the building.
c. Narrow aluminum window frames.

4.5.5 Decorative Details
Decorative Details (Apply all)
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Metal balcony railings.
ii. Clerestory windows.
iii. Floor-to-ceiling glass door.
iv. Floor-to-ceiling glass windows on the ground level. v. Roof decks.
vi. Trellis shade structures.
vii. Metal awning.
viii. Roof overhang with exposed wood or steel frame.
2110
Residential Objective Development & Design Standards

Page 75 of 80 ends

4.6 Farmhouse
Farmhouse style utilizes vertical or horizontal wood siding, monochrome colors with contrasting accents, minimal ornamentation, and medium to high-pitched roofs. Minimal detailing includes awnings, porches, and wall-mounted gooseneck lights.

Figure 4.6-1 Farmhouse

4.6.1 Form and Massing
Façade Design (Apply all)
a. Straight exterior lines, geometric form.
b. Asymmetrical massing with a gable at the front of the house. c. Repeating shapes and lines.
d. Gable roof creating a triangular wall on the ends.
e. Incorporate farm and ranch forms (i.e. barns, silos, sheds, tank houses, and granary towers).
f. Multiple gable and shed roof planes.
g. Geometric forms, industrial materials, and repetition. h. Covered porches and awnings to break up volumes between lower and upper floors.
i. Variation in projecting wall planes with a minimum 12-inch depth. 2111
Residential Objective Development & Design Standards

Page 76 of 80 ends

4.6.2 Roof
Roof Design (Apply all)
a. High-pitched gabled roof or shed roof (minimum 6:12 slope). b. Intersecting gable roofs.
c. Dark asphalt shingle, metal roofs, or synthetic slate shingles. d. Triangular rooflines.
e. Large overhangs (minimum 2 feet in length) above the patio and garage.

4.6.3 Materials and Colors
Materials and Colors (Apply all)
a. Use metal, wood, or masonry.
b. Utilize board-and-batten siding, corrugated panels.
c. Monochrome accents of doors, windows, or architectural features. d. Stucco is permitted as an accent material.

4.6.4 Doors and Windows
Doors and Windows (Apply all)
a. Windows shall be double-hung with a proportion of 2 or 2½ times taller than wide. b. Groupings of 2 or 3 double-hung window units.
c. Multi-paned windows.
d. Accent trim around window and door openings.
e. Double-hung or casement windows.

4.6.5 Decorative Details
Decorative Details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Wide front porch with simple columns.
ii. Covered patio.
iii. Shed or gabled dormers.
iv. Carriage-style garage doors.
v. Dark shutters and window sashes.
vi. Gable brackets, vents, and trim.
vii. Iron-inspired barn-style lighting.
viii. Metal awnings without sides.
ix. Gooseneck light fixtures at the entrance.
x. Large doors and windows to maximize natural light.
xi. Multi-paned windows on the ground-level windows and doors. 2112
Residential Objective Development & Design Standards

Page 77 of 80 ends

Chapter 5. Administration

5.1 Administration of Standards
This chapter provides methodology for the implementation of the Objective Design Standards, including administration, project approval, and appeals. The responsibilities of the City of Ontario Planning Staff shall include administering, interpreting, and enforcing all requirements and standards of this document.

Any terms not defined herein and any issues affecting the design and development of the subject project area not specifically addressed in the ODDS shall be governed by the provisions of the Ontario Development Code.

5.1.1 Interpretation and Severability
Unless otherwise provided herein, any ambiguity concerning the content or application of the Objective Design Standards shall be resolved by the City of Ontario Executive Director Community Development (Director) or his / her designee in a manner consistent with the goals, policies, purpose, and intent established in this document. If any portion of these standards is declared to be invalid or ineffective in whole or in part, such decision shall not affect the validity of the remaining parts of the remaining portions thereof.

5.1.2 Reference Documents
 The Ontario Plan
 City of Ontario Development Code

5.2 Glossary of terms
Alley. A narrow, low-capacity thoroughfare with 1 shared lane and no parking lanes which provides secondary access to all Lots within a Block. Driveways, Parking Aisles, and Fire Lanes are not Alleys.

Arbor (entrance arbor). A wooden structure that is intended to define an entrance into an on-site outdoor space, such as a front yard or parking lot.

Arcade. A facade with a ground floor colonnade supporting the upper stories of the building, intended to provide shade, glare control, and weather protection.

Bay. A facade division comprised of groupings of vertically aligned facade elements, such as shopfronts, windows, awnings, and wall materials that are stacked 1 above the other. Bays can be differentiated from 1 another by changes in material, color, and/or use of architectural elements such as pilasters.
2113
Residential Objective Development & Design Standards

Page 78 of 80 ends

Bay Window. A window or series of windows projecting from the exterior wall of a building and forming an extension, or bay, of the room. Subject to the requirements of the regulating zone, bay windows may encroach into the setback or public right-of-way.

Block. An aggregation of Lots, Passages, Carless Streets, and driveways which are bound on all sides by Streets. Block dimensions are measured along private Street Rights-of-way.

Building Base. The lowermost portion of a building facade that is distinctly differentiated from upper floors or upper wall surfaces. The base of mixed-use buildings consists of the ground floor or, for taller buildings, an ensemble of the first 2 floors. The base of multi-family or office buildings can consist of the entire ground floor, or a low band (three to 4 feet high) comprised of different materials or colors than upper wall surfaces.

Building Length. The length of the building as measured parallel to the front property line Court. A semi-public, shared open space within a lot, for use by more than 1 resident or commercial tenant. Courts generally provide visitor access from the street to dwellings, retail, or office spaces, and/or buildings within the lot that lack direct access from the street. The degree of enclosure or openness of the court may vary, as per the requirements of each zone and the design intent of the project designer.

Director. The Director of Community Development, or designee.

Drive Aisle. A vehicular lane within a parking lot that provides access to the individual parking spaces.

Driveway. A vehicular lane within a lot that leads to onsite parking.

Encroachment: Structure extending into a required setback area.

Facade: Exterior wall of a building adjacent to a street or public open space.

Facade Increment: Visually distinguished complete facade composition.

Fenestration: Transparent glass openings in a building face.

Fire Lane: On-site right of way for emergency vehicle access.

Forecourt: Open space extension into a lot, defined by building faces.

Frontage, Private: Building facade and area between it and property line along a street.

Frontage, Public: Area between street-adjacent property line and the first travel lane.

Gallery: Ground-floor colonnade providing shade, glare control, and weather protection.

Green: Publicly accessible open space at the intersection of streets, landscaped for recreation.

Ground Floor: Building floor nearest to the existing grade around the building.

Height, Building: Height measured from finished grade at any property line along the street. 2114
Residential Objective Development & Design Standards

Page 79 of 80 ends

Loggia: Colonnaded or arcaded space within a building, open to the air on 1 side.

Lot: Portion of land for allowed development, synonymous with "property" or "design site." Lot Line: Front, side, or rear boundary of a lot, synonymous with property line.

Massing (or Facade) Increment: Segment of a building facade divided into visually discrete compositions.

Passage: A pathway designed for pedestrians on a property, like a Paseo, but may not extend through an entire block.

Parking Court: A public space between buildings designed for surface parking.

Pergola: A wooden structure intended to provide shade or define an entrance into an on-site outdoor space.

Pier, Shopfront: The vertical elements on either side of a shopfront bay.

Place Types: A classification of urban environments based on streetscape and building character, including attributes such as building placement, height, frontage, land use, density, and streetscape design.

Plaza: An open space at the intersection of important streets for civic and commercial activities.

Sizes range from one-half (1/2) acre to 2 acres, defined by surrounding buildings and typically paved with arranged shade trees. Amenities may include fountains and food kiosks.

Primary Access: The principal means of approaching and entering a building or property.

Primary entrances: Typically referring to front doors, including direct access into a ground floor residential unit, nonresidential space, common lobby, or zaguan leading to a court.

Privacy Windows: Windows that are either opaque and unopenable or start at minimum 6 feet from the floor.

Public Open Space: Off-street outdoor space owned by the city for public use or on a private parcel adjacent to a right of way, functioning as a public space.

Publicly Accessible: Open spaces or streets open/available to the public, whether publicly or privately owned.

Shopfront: A ground-floor frontage assembly with large transparent windows, a conspicuous entrance leading directly into the unit, spatially defined by vertical elements called piers.

Side, Lot Line: Any property line shared with a neighboring property when there is no public open space between them.

Side yard: The portion of a parcel extending from the front property line to the rear property line and between the side property line and the closest side of the principal building. It may also be designed as open space.
2115
Residential Objective Development & Design Standards

Page 80 of 80 ends

Story height: The vertical distance from floor to ceiling, measured from the top of the floor finish to the bottom of the ceiling joists for the topmost story.

Street: A right of way defined as a street, excluding paseos, driveways, parking aisles, fire lanes, and alleys.

Street, Front: The side of the lot adjacent to a street, a property may have multiple fronts.

Street, Side: (Applicable only to corner lots) The side of the lot adjacent to a street or public open space that is not considered the front.

Trellis: A wood or metal frame supporting thin overhead wooden or metal strips or latticework, providing shade and supporting climbing plants. It may be freestanding.

5.3 Checklist
Reserved for future use
2116
Department: Financial Services
Prepared By: Stephanie Castro
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 28
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK); ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE LEVYING

SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council consider and:

A. Adopt a Resolution of Formation of Community Facilities District No. 52 (Sundance Park), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B. Adopt a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 52 (Sundance Park);
C. Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 52 (Sundance Park);
D. Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Adopt a Resolution authorizing the execution and delivery of an amended and restated acquisition and funding agreement with Brookcal Ontario, LLC, a Delaware limited liability company; and
F. Introduce and waive further reading of an ordinance levying special taxes within City of Ontario Community Facilities District No. 52 (Sundance Park).

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
2117
FISCAL IMPACT: The use of Mello-Roos financing in the Sundance Park residential development is projected to generate approximately $379,366 per year, at buildout, to fund administrative fees and municipal services; and approximately $21.4 million in bond proceeds to be used to fund a portion of the public infrastructure improvements needed to serve the project. Mello-Roos bonds are not a direct obligation of the City and are paid from special taxes levied on each taxable parcel in the district; therefore, there is no fiscal impact to the General Fund from the issuance of MelloRoos bonds. City Council approval will be required in future years to process annual special tax levies.

BACKGROUND & ANALYSIS: The Mello-Roos Community Facilities Act of 1982 provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to finance various kinds of public infrastructure facilities and municipal services. Under the Mello-Roos Act, the initial steps in the formation of a community facilities district to finance public improvements and municipal services are to adopt resolutions declaring the intention to establish a community facilities district, authorize the levy of special taxes, and issue bonds. Accordingly, on July 2, 2024, the City Council approved Resolution No. 2024-069, a Resolution of Intention to establish City of Ontario Community Facilities District No. 52 (Sundance Park) and authorize the levy of special taxes; and Resolution No. 2024-070 declaring the City Council's intention to issue bonds for the district. The Resolution of Intention set the public hearing date for the regularly scheduled City Council meeting on August 20, 2024, to consider formation matters.

In the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony ("First Amended and Restated Construction Agreement") between the City and NMC Builders, LLC, the City agreed to cooperate with the members of NMC Builders, LLC in the formation of community facilities districts to assist in the financing of the public improvements included in the agreement. The Sundance Park project addresses the development of two zones: Zone 1 is approximately 8.98 gross acres located west of Mill Creek Avenue, east of Haven Avenue, south of Chino Avenue, and north of Schaefer Avenue; and Zone 2 is approximately 23.89 gross acres located west of Mill Creek Avenue, east of Haven Avenue, south of Ontario Ranch Road, and north of Edison Avenue. At build-out, the project is expected to include a total of 418 residential units, comprised of 120 townhome units in Zone 1, and 298 units in Zone 2 (88 single-family and 210 townhomes).

Included, as part of the Resolution of Formation, is the proposed Rate and Method of Apportionment of Special Tax for the District. Under the proposed Rate and Method of Apportionment, the portion of the maximum annual special tax rates, which will be used to fund debt service payments on the bonds, is fixed and will not increase over time. As proposed, the amount of bonds authorized for the district ($85 million) is set intentionally higher than the current estimated bond amount (approximately $21.4 million) in order to allow future City Council, the option, without increasing the amount of the annual special taxes, to issue additional bonds to replace and/or construct new public infrastructure improvements in the future, or to fund municipal services. The term and structure of the Rate and Method of Apportionment of Special Tax for the Sundance Park project is consistent with those of previously adopted Rates and Methods of Apportionment for Ontario Ranch community facilities districts. This ensures that the special tax rates levied on all residential property owners in community facilities districts in Ontario Ranch are 2118
developed in a consistent and equivalent manner. In addition, under the provisions of the MelloRoos Act, to ensure that home buyers are making an informed decision, all residential builders in the Ontario Ranch community facilities districts will be required to disclose the maximum annual special tax amount to each homeowner before entering into a sales contract.

Attached are five Resolutions and one Ordinance. The first attached Resolution establishes the community facilities district, with the rate and method of apportionment of special taxes and authorizes the levy of special taxes within the district. The second attached Resolution is deeming it necessary to incur bonded indebtedness for the district. The third attached Resolution calls for a special landowner election to be held on August 20, 2024. The fourth attached Resolution declares the results of the election, including a statement from the City Clerk as to the canvass of ballots, and directs the recording of the Notice of Special Tax Lien. The attached Ordinance authorizes the levying of special taxes, and the attached final and fifth Resolution authorizes the execution and delivery of an amended and restated acquisition and funding agreement with Brookcal Ontario, LLC.
2119
RESOLUTION NO. ________

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

CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY
FACILITIES DISTRICT NO. 52 (SUNDANCE PARK), PROPOSING THAT

THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO LEVY A

SPECIAL TAX AND PROPOSING THAT AN APPROPRIATIONS LIMIT OF

THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED
WHEREAS, on July 2, 2024, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 52 (Sundance Park) and to Authorize the Levy of a Special Tax Therein” (the “Resolution of Intention”), stating its intention to establish City of Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”), to authorize the Community Facilities District to levy a special tax within the Community Facilities District for the purpose of financing certain public facilities and services and setting the date for a public hearing to be held on the establishment of the Community Facilities District; and WHEREAS, pursuant to the Resolution of Intention, notice of said public hearing was published in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; and WHEREAS, on this date, the City Council opened, conducted and closed said public hearing; and
WHEREAS, pursuant to the Resolution of Intention, each officer of the City who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the Community Facilities District was directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the public facilities and services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing such public facilities and services; such officers were also directed to estimate the fair and reasonable cost of the public facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid; and WHEREAS, said report was so filed with the City Council and made a part of the record of said public hearing; and
WHEREAS, at the hearing, the testimony of all persons for or against the establishment of the Community Facilities District, the extent of the Community Facilities District and the furnishing of the specified types of public facilities and services was heard; and
2120
WHEREAS, written protests against the establishment of the Community Facilities District, the furnishing of any specified type or types of facilities and services within the Community Facilities District or the levying of a specified special tax were not made or filed at or before said hearing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the special tax; and
WHEREAS, there has been filed with the City Clerk of the City a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the proposed Community Facilities District as of July 15, 2024, which demonstrates that 12 or more persons have not been registered to vote within the territory of the proposed Community Facilities District for each of the 90 days preceding the close of said public hearing; and
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district; and
WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest, under all the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53321 of the Act and in the resolution of formation to establish a community facilities district pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; and WHEREAS, the City and BrookCal Ontario LLC (“BrookCal Ontario”), have entered into the Deposit and Reimbursement Agreement, dated as of November 1, 2022 (the “Deposit Agreement”), that provides for the advancement of funds by BrookCal Ontario to be used to pay costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby, and provides for the repayment to BrookCal Ontario of such funds advanced, without interest, from the proceeds of any such bonded indebtedness incurred by the Community Facilities District; and WHEREAS, the City desires to include in this Resolution, in accordance with Section 53314.9 of the Act, the proposal to repay funds pursuant to the Deposit Agreement;
2121
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

SECTION 2. The Community Facilities District is hereby established.

SECTION 3. The name for the Community Facilities District is “City of Ontario Community Facilities District No. 52 (Sundance Park).”
SECTION 4. The public facilities (the “Facilities”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Facilities” on Exhibit A hereto, which is by this reference incorporated herein. Those Facilities proposed to be purchased as completed public facilities are identified under the caption “Facilities to be Purchased” on Exhibit A hereto. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit A hereto. The incidental expenses proposed to be incurred are identified under the caption “Incidental Expenses” on Exhibit A hereto. All or any portion of the Facilities may be financed through a financing plan, including, but not limited to, a lease, lease-purchase or installment-purchase arrangement.

SECTION 5. The proposed special tax to be levied within the Community Facilities District has not been precluded by majority protest pursuant to Section 53324 of the Act.

SECTION 6. The City Council proposes that, except where funds are otherwise available, the Community Facilities District be authorized to annually levy within the Community Facilities District a special tax (the “Special Tax”) sufficient to pay for all Facilities and Services, secured by recordation of a continuing lien against all nonexempt real property in the Community Facilities District. The rate, method of apportionment and manner of collection of the Special Tax in sufficient detail to allow each landowner or resident within the proposed Community Facilities District to estimate the maximum amount that he or she will have to pay, is specified in the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) attached hereto as Exhibit B, which is by this reference incorporated herein. The conditions under which the obligation to pay the Special Tax to be levied to pay for Facilities may be prepaid and permanently satisfied are specified in the Rate and Method. The Special Tax will be collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District before the date the Community Facilities District is created. The Services may not supplant services already available within that territory when the Community Facilities District is created. Bonds of the Community Facilities District may not be issued to fund any of the Services.
2122
SECTION 8. The tax year after which no further Special Tax to pay for Facilities shall be levied against any parcel used for private residential purposes is specified in the Rate and Method. Under no circumstances shall the Special Tax to pay for Facilities in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the Community Facilities District by more than 10% above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued. The Special Tax to pay for Services will be levied in perpetuity, as provided in the Rate and Method.

SECTION 9. Pursuant to Section 53344.1 of the Act, the City Council hereby reserves to itself the right and authority to allow any interested owner of property within the Community Facilities District, subject to the provisions of said Section 53344.1 and to those conditions as it may impose, and any applicable prepayment penalties as prescribed in the bond indenture or comparable instrument or document, to tender to the Community Facilities District treasurer in full payment or part payment of any installment of the Special Tax or the interest or penalties thereon that may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender.

SECTION 10. The name, address and telephone number of the office, department or bureau that will be responsible for preparing annually a current roll of Special Tax levy obligations by assessor’s parcel number and that will be responsible for estimating further Special Tax levies pursuant to Section 53340.2 of the Act are as follows: City of Ontario, Financial Services Agency, 303 East B Street, Ontario, California 91764, (909) 395-2015 or email [email protected].

SECTION 11. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the Community Facilities District and this lien shall continue in force and effect until the Special Tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the Special Tax ceases to be levied and a notice of cessation of the Special Tax is recorded in accordance with Section 53330.5 of the Act.

SECTION 12. The boundary map of the Community Facilities District has been recorded in San Bernardino County in Book 91 at Pages 74 through 76 of Maps of Assessments and Community Facilities Districts in the San Bernardino County Recorder’s Office (Document No. 2024-0153941).

SECTION 13. The City Council proposes that the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Community Facilities District be established at $85,000,000. 2123
SECTION 14. Pursuant to the provisions of the Act, the propositions to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District specified above shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The City Council hereby finds and determines that no persons were registered to vote within the territory of the proposed Community Facilities District as of July 15, 2024, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the establishment of the Community Facilities District.

Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax. The voting procedure shall be by mailed or handdelivered ballot.

SECTION 15. BrookCal Ontario has heretofore advanced certain funds, and may advance additional funds, that have been or may be used to pay costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby. The City Council has previously approved the acceptance of such funds for the purpose of paying costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby. The City Council proposes to repay BrookCal Ontario all or a portion of such funds so advanced, without interest, solely from the proceeds of any such bonded indebtedness incurred by the Community Facilities District, pursuant to the Deposit Agreement. The Deposit Agreement is hereby incorporated herein as though set forth in full herein.

SECTION 16. The City Council hereby finds and determines that all proceedings, up to and including the adoption of this Resolution, were valid and in conformity with the requirements of the Act. In accordance with Section 53325.1 of the Act, such finding shall be final and conclusive.

SECTION 17. All actions heretofore taken by the officers, employees and agents of the City with respect to the establishment of the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 18. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 19. This Resolution shall take effect immediately upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
2124
PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2125

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held August 20, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held August 20, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2126

EXHIBIT A

FACILITIES, SERVICES AND INCIDENTAL EXPENSES
Facilities
The types of public facilities to be financed by the Community Facilities District are street and bridge improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, domestic and recycled water distribution facilities, sewer collection facilities, solid waste facilities, storm drainage facilities, park and recreation facilities and equipment, aquatic facilities and equipment, fire facilities and equipment, police facilities and equipment, library facilities and equipment, fiber optic telecommunication, wireless communication and public safety camera facilities and equipment, general governmental office, administrative and meeting facilities, and land, rights-of-way and easements necessary for any of such facilities.

Facilities to be Purchased
The types of public facilities to be purchased as completed facilities are street and bridge improvements, including grading, paving, curbs and gutters, sidewalks, street signalization and signage, street lights and parkway and landscaping related thereto, domestic and recycled water distribution facilities, sewer collection facilities, solid waste facilities, storm drainage facilities, and land, rights-of-way and easements necessary for any of such facilities.

Services
The types of City services to be financed by the Community Facilities District are police protection services, fire protection and suppression services, ambulance and paramedic services, maintenance and lighting of parks, parkways, streets, roads and open space, flood and storm protection services, maintenance and operation of fiber optic telecommunication, wireless communication and public safety camera systems and maintenance and operation of any real property or other tangible property with an estimated useful life of five or more years that is owned by the City.

Incidental Expenses
The incidental expenses proposed to be incurred include the following:
(a) the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; (b) the costs associated with the creation of the Community Facilities District, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and
(c) any other expenses incidental to the construction, completion, and inspection of the authorized work.
2127

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
2128
City of Ontario CFD No. 52 1 May 31, 2024

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 52
(SUNDANCE PARK)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 52 (Sundance Park) (“CFD No. 52”) and collected each Fiscal Year, commencing in Fiscal Year 2024-25, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below.

All of the real property in CFD No. 52, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, or other recorded County map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 52: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 52 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City or CFD No. 52 of complying with arbitrage rebate requirements; the costs to the City or CFD No. 52 of complying with City, CFD No. 52, or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 52 related to the analysis and reduction, if any, of the Special Tax A on Single Family Property in accordance with Section C.1 herein; the costs of the City or CFD No. 52 related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead relating to CFD No. 52; and amounts estimated or advanced by the City or CFD No. 52 for any other administrative purposes of the CFD, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. 2129
City of Ontario CFD No. 52 2 May 31, 2024
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification. “Assigned Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.2 below. “Backup Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.3 below. “Bonds” means any bonds or other debt (as defined in Section 53317(d) of the Act) issued by CFD No. 52 under the Act and payable from Special Tax A. “Buildable Lot” means an individual lot, within a Final Subdivision Map or an area expected by CFD No. 52 to become Final Mapped Property, such as the area within a Tentative Tract Map, for which a building permit may be issued without further subdivision of such lot.
“CFD Administrator” means an official of the City responsible for determining the Special Tax A Requirement and Special Tax B Requirement, providing for the levy and collection of the Special Taxes, and performing the other duties provided for herein. “CFD No. 27” means City of Ontario Community Facilities District No. 27 (New Haven Services).
“CFD No. 52” means City of Ontario Community Facilities District No. 52 (Sundance Park).
“City” means the City of Ontario, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 52.
“Contractual Impositions” means (a) a voluntary contractual assessment established and levied on an Assessor’s Parcel pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq.), as amended from time to time, (b) a special tax established and levied on an Assessor’s Parcel pursuant to Section 53328.1 of the California Government Code and related provisions of the Act, as amended from time to time, and (c) any other fee, charge, tax, or assessment established and levied on an individual Assessor’s Parcel pursuant to a contractual agreement or other voluntary consent by the owner thereof (e.g., property owner association assessments).
2130
City of Ontario CFD No. 52 3 May 31, 2024
“County” means the County of San Bernardino.
“Designated Buildable Lot” means a Buildable Lot for which a building permit has not been issued by the City as of the date of calculation of the Backup Special Tax A. “Developed Property” means for each Fiscal Year, all Taxable Property, exclusive of Final Mapped Property, Taxable Property Owner Association Property, and Taxable Public Property, for which a building permit or other applicable permit for new construction was issued after January 1, 2023, and before May 1 of the prior Fiscal Year. “Expected Residential Lot Count” means 120 Buildable Lots of Single Family Property in Tax Zone 1 and 298 Buildable Lots of Single Family Property in Tax Zone 2, or, as determined by the CFD Administrator, the number of Buildable Lots of Single Family Property based on the most recent Tentative Tract Map(s) or most recently recorded Final Subdivision Map(s) or modified Final Subdivision Map(s). “Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 52.
“Final Mapped Property” means, for each Fiscal Year, all Taxable Property, exclusive of Developed Property, Taxable Property Owner Association Property, and Taxable Public Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision Map. The term Final Mapped Property shall include any parcel map or Final Subdivision Map, or portion thereof, that creates individual lots for which a building permit may be issued, including Parcels that are designated as a remainder Parcel (i.e., one where the size, location, etc., precludes any further subdivision or taxable use).
“Final Subdivision Map” means a final tract map, parcel map, or lot line adjustment approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or a condominium plan recorded pursuant to California Civil Code Section 4285 that, in either case, creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Gated Community Attached Dwelling Unit” means, with respect to Special Tax B, a Unit within any residential building containing two or more dwelling units (including attached condominiums, townhouses, duplexes, triplexes, and apartments) within a gated community that, within such community, is primarily served by private interior streets. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time.
“Land Use Class” means any of the classes listed in Tables 1, 2, and 3 below. 2131
City of Ontario CFD No. 52 4 May 31, 2024
“Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 52 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.
“Maximum Special Tax A” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax A determined in accordance with Section C.1 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Maximum Special Tax B” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax B determined in accordance with Section C.2 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Minimum Sale Price” means the minimum price at which Units of a given Land Use Class have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Class. “Multiple Family Dwelling Unit” means, with respect to Special Tax B, a Unit within any residential building containing two or more dwelling units, including attached condominiums, townhomes, duplexes, triplexes, and apartments, but excluding Gated Community Attached Dwelling Units.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued by the City permitting the construction of one or more non-residential structures or facilities.
“Other Residential Property” means, with respect to Special Tax A, all Assessor’s Parcels of Developed Property for which a building permit was issued by the City for purposes of constructing Units, excluding Single Family Attached Property and Single Family Detached Property.
“Outstanding Bonds” means all Bonds which are outstanding under and in accordance with the provisions of the Indenture.
“Price Point Consultant” means any consultant or firm of such consultants selected by CFD No. 52 that (a) has substantial experience in performing price point studies for residential units within community facilities districts established under the Act or otherwise estimating or confirming pricing for residential units in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of residential units in such community facilities districts, (c) is in fact independent and not under the control of CFD No. 52 or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) CFD No. 52, (ii) the City, (iii) any owner of real property in CFD No. 52, or (iv) any real property in CFD No. 52, and (e) is not connected with CFD No. 52 or the City as an officer or employee thereof, but who may be regularly retained to make reports to CFD No. 52 or the City. 2132
City of Ontario CFD No. 52 5 May 31, 2024
“Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C herein. “Property Owner Association Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 52 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. “Proportionately” means (a) for Developed Property in the first step of Section D.1 below, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Developed Property; however, for Developed Property in the fourth step of Section D.1 below, Proportionately means that the amount of the increase above the Assigned Special Tax A, if necessary, is equal for all Assessor’s Parcels of Developed Property, except that if the Backup Special Tax A limits the increase on any Assessor’s Parcel(s), then the amount of the increase shall be equal for the remaining Assessor’s Parcels; (b) with respect to Special Tax B, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is equal for all Assessor’s Parcels of Developed Property; (c) for Final Mapped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Final Mapped Property; (d) for Undeveloped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Undeveloped Property; (e) for Taxable Property Owner Association Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Property Owner Association Property; and (f) for Taxable Public Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Public Property. “Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 52 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right-of-way that makes impractical its use for any purpose other than that set forth in such easement; provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax.
“Residential Floor Area” means all of the Square Footage of living area within the perimeter of a Unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be as set forth in the building permit(s) issued for such Assessor’s Parcel, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 52. The actual Square Footage shall be rounded up to the next whole square foot. Once such determination has been made for an Assessor’s Parcel, it shall remain fixed in all future Fiscal Years unless an appeal pursuant to Section F below is approved that results in a change in the actual Square Footage. 2133
City of Ontario CFD No. 52 6 May 31, 2024
“Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2023, and before May 1 of the prior Fiscal Year.
“Services” means the services authorized to be financed, in whole or in part, by CFD No.

52. “Single Family Attached Property” means all Assessor’s Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures within a condominium project as defined in Civil Code Section 4125. “Single Family Detached Dwelling Unit” means, with respect to Special Tax B, a Unit of Single Family Detached Property.
“Single Family Detached Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for construction of a Unit, on one legal lot, that does not share a common wall with another Unit. “Single Family Property” means all Assessor’s Parcels of Single Family Attached Property and Single Family Detached Property.
“Special Taxes” means, collectively, Special Tax A and Special Tax B. “Special Tax A” means the special tax authorized by the qualified electors of CFD No. 52 to be levied within the boundaries of CFD No. 52 to pay for Facilities and Services. “Special Tax A Requirement” means for any Fiscal Year that amount required, after taking into account available amounts held in the funds and accounts established under the Indenture, for CFD No. 52 to: (i) pay debt service on all Outstanding Bonds which is due in the calendar year that commences in such Fiscal Year; (ii) pay periodic costs on the Bonds, including, but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay a pro rata share of Administrative Expenses; (iv) provide any amounts required to establish or replenish any reserve fund for the Bonds; (v) pay directly for acquisition or construction of Facilities, or the cost of Services, to the extent that the inclusion of such amounts does not increase the Special Tax A levy on Final Mapped Property or Undeveloped Property; and (vi) provide an amount equal to Special Tax A delinquencies based on the historical delinquency rate for Special Tax A as determined by the CFD Administrator.
“Special Tax B” means the special tax authorized by the qualified electors of CFD No. 52 to be levied within the boundaries of CFD No. 52 to pay for Services. 2134
City of Ontario CFD No. 52 7 May 31, 2024
“Special Tax B Requirement” means for any Fiscal Year that amount required, after taking into account available amounts in any funds and accounts established to pay for Services, to pay the cost of Services, a pro rata share of Administrative Expenses, and an amount equal to Special Tax B delinquencies based on the historical delinquency rate for Special Tax B as determined by the CFD Administrator.
“Square Footage” or “Sq. Ft.” means the floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 52, issued for construction of Residential Property or Non-Residential Property, plus any square footage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building. “State” means the State of California.
“Taxable Property” means, for each Fiscal Year, all of the Assessor’s Parcels within the boundaries of CFD No. 52 that are not exempt from the Special Taxes pursuant to law or Section E below.
“Taxable Property Owner Association Property” means, for each Fiscal Year, all Assessor’s Parcels of Property Owner Association Property that are not exempt from the Special Taxes pursuant to Section E below.
“Taxable Public Property” means, for each Fiscal Year, all Assessor’s Parcels of Public Property that are not exempt from the Special Taxes pursuant to law or Section E below. “Tax Zone” means a mutually exclusive geographic area, within which particular Special Taxes may be levied pursuant to this Rate and Method of Apportionment.

Attachment 1 identifies the two Tax Zones in CFD No. 52. “Tax Zone 1” means the geographic area designated in Attachment 1 of this Rate and Method of Apportionment as Tax Zone 1, is consistent with the boundaries of TTM 20529, and was commonly referred to as the Tilden project at the time of formation of CFD No. 52.
“Tax Zone 2” means the geographic area designated in Attachment 1 of this Rate and Method of Apportionment as Tax Zone 2, is consistent with the boundary of TTM 20449, and was commonly referred to as the Sundance Park project at the time of formation of CFD No. 52.
“Tentative Tract Map” means a map: (i) showing a proposed subdivision of an Assessor’s Parcel(s) and the conditions pertaining thereto; (ii) that may or may not be based on a detailed survey; and (iii) that is not recorded by the County to create legal lots. “Total Tax Burden” means, for a Unit within a Land Use Class, for the Fiscal Year in which the Total Tax Burden is being calculated, the sum of (a) the Assigned Special Tax A for such Land Use Class for such Fiscal Year, plus (b) with respect to Tax Zone 1, the Special Tax B for such Land Use Class for such Fiscal Year, and with respect to Tax 2135
City of Ontario CFD No. 52 8 May 31, 2024
Zone 2, the Special Tax of CFD No. 27 for such Land Use Class for such Fiscal Year, plus (c) the ad valorem property taxes, special assessments, special taxes for any overlapping community facilities districts, and any other governmental fees, charges (other than fees or charges for services such as sewer and trash), taxes, and assessments (which do not include Contractual Impositions) collected by the County on ad valorem tax bills, plus (d) property owner association assessments (but excluding the refuse collection portion of such assessments), and that the CFD Administrator estimates would be levied or imposed on such Unit in such Fiscal Year if the residential dwelling unit thereon or therein had been completed and sold, and was subject to such fees, charges, taxes, and assessments in such Fiscal Year.
“Trustee” means the trustee or fiscal agent under the Indenture. “TTM 20449” means Tentative Tract Map No. 20449, the area of which is located within CFD No. 52.
“TTM 20529” means Tentative Tract Map No. 20529, the area of which is located within CFD No. 52.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Mapped Property, Taxable Public Property, or Taxable Property Owner Association Property.
“Unit” means an individual single-family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2024-25, all Taxable Property within CFD No. 52 shall be identified as within Tax Zone 1 or Tax Zone 2, and then classified as Developed Property, Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

Assessor’s Parcels of Developed Property shall be further classified as: Single Family Property (and further classified as Single Family Attached Property or Single Family Detached Property, as needed) or Other Residential Property (for Special Tax A); Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit (for Special Tax B); or Non-Residential Property. For Special Tax A, Assessor’s Parcels of Single Family Property in Tax Zone 1 shall be assigned to Land Use Classes 1 through 5, and Single Family Property in Tax Zone 2 shall be assigned to Land Use Classes 8 through 20, as listed in Tables 1 and 2 below based on the Residential Floor Area of the Units on such Assessor’s Parcels. Also for Special Tax A, Other Residential Property and Non-Residential Property shall be assigned to Land Use Classes 6 and 7, respectively, in Tax Zone 1, and to Land Use Classes 21 and 22 in Tax Zone 2.
2136
City of Ontario CFD No. 52 9 May 31, 2024
C. MAXIMUM SPECIAL TAX

1. Special Tax A
At least 30 days prior to the issuance of Bonds, the Assigned Special Tax A on Developed Property (set forth in Tables 1 and 2 below) shall be analyzed in accordance with and subject to the conditions set forth in this Section C. At such time, CFD No. 52 shall select and engage a Price Point Consultant and the CFD Administrator shall request the Price Point Consultant to prepare a Price Point Study setting forth the Minimum Sale Price of Units within each Land Use Class.

If based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden, excluding property owner association assessments, applicable to Units within one or more Land Use Classes of Single Family Property to be constructed within CFD No. 52 exceeds 1.95% of the Minimum Sale Price of such Units, the Assigned Special Tax A shall be reduced to the extent necessary to cause the Total Tax Burden, excluding property owner association assessments, that shall apply to Units within such Land Use Class(es) not to exceed 1.95% of the Minimum Sale Price of such Units.

Each Assigned Special Tax A reduction for a Land Use Class shall be calculated by the CFD Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Classes. In connection with any reduction in the Assigned Special Tax A, the Backup Special Tax A shall also be reduced by the CFD Administrator based on the percentage reduction in Maximum Special Tax A revenues within the Tentative Tract Map area(s) where the Assigned Special Tax A reductions occurred. Upon determining the reductions, if any, in the Assigned Special Tax A and Backup Special Tax A required pursuant to this Section C, the CFD Administrator shall complete the Certificate of Modification of Special Tax substantially in the form attached hereto as Exhibit A (the “Certificate of Modification”), shall execute such completed Certificate of Modification, and shall deliver such executed Certificate of Modification to CFD No. 52. Upon receipt thereof, if in satisfactory form, CFD No. 52 shall execute such Certificate of Modification. The reduced Assigned Special Tax A and Backup Special Tax A specified in such Certificate of Modification shall become effective upon the execution of such Certificate of Modification by CFD No. 52.

The Special Tax A reductions required pursuant to this section shall be reflected in an amended notice of Special Tax lien, which CFD No. 52 shall cause to be recorded with the County Recorder as soon as practicable after execution of the Certificate of Modification by CFD No. 52. The reductions in this section apply to Single Family Property, but not to Other Residential Property or NonResidential Property. 2137
City of Ontario CFD No. 52 10 May 31, 2024
a. Developed Property
1) Maximum Special Tax A
The Maximum Special Tax A that may be levied in any Fiscal Year for each Assessor’s Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax A or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax A shall not increase in future years, other than as calculated pursuant to Section C.1.a.3 below.
2) Assigned Special Tax A
The Assigned Special Tax A that may be levied in any Fiscal Year for each Land Use Class is shown below in Tables 1 and 2.

TABLE 1
TAX ZONE 1
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
1 Single Family Property < 1,601 $4,255 per Unit
2 Single Family Property 1,601 – 1,800 $4,409 per Unit
3 Single Family Property 1,801 – 2,000 $4,589 per Unit
4 Single Family Property 2,001 – 2,200 $5,016 per Unit
5 Single Family Property > 2,200 $5,097 per Unit
6 Other Residential Property $116,395 per Acre
7 Non-Residential Property $116,395 per Acre
2138
City of Ontario CFD No. 52 11 May 31, 2024
TABLE 2
TAX ZONE 2
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
3) Backup Special Tax A
The Backup Special Tax A shall be $4,522 per Unit for Single Family Property in Tax Zone 1 and, in Tax Zone 2, shall be $4,075 per Unit of Single Family Attached Property and $5,342 per Unit of Single Family Detached Property. However, if the Expected Residential Lot Count of Single Family Property does not equal 120 in Tax Zone 1 and 298 in Tax Zone 2, and the City has not issued Bonds, then the Backup Special Tax A for Designated Buildable Lots of Single Family Property in each Tax Zone shall be calculated according to the following formulas:

Tax Zone 1 = $542,632  Expected Residential Lot
Count in Tax Zone 1 for Single
Family Property
Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
8 Single Family Attached Property < 801 $2,992 per Unit 9 Single Family Attached Property 801 – 1,000 $3,117 per Unit 10 Single Family Attached Property 1,001 – 1,200 $3,626 per Unit 11 Single Family Attached Property 1,201 – 1,400 $3,786 per Unit 12 Single Family Attached Property 1,401 – 1,600 $4,024 per Unit 13 Single Family Attached Property 1,601 – 1,800 $4,384 per Unit 14 Single Family Attached Property 1,801 – 2,000 $4,608 per Unit 15 Single Family Attached Property > 2,000 $4,819 per Unit 16 Single Family Detached Property < 1,801 $4,708 per Unit 17 Single Family Detached Property 1,801 – 2,000 $4,988 per Unit 18 Single Family Detached Property 2,001 – 2,200 $5,482 per Unit 19 Single Family Detached Property 2,201 – 2,400 $5,954 per Unit 20 Single Family Detached Property > 2,400 $6,038 per Unit 21 Other Residential Property $116,962 per Acre
22 Non-Residential Property $116,962 per Acre
2139
City of Ontario CFD No. 52 12 May 31, 2024
Tax Zone 2 = $855,810  Expected Residential Lot
Count in Tax Zone 2 for Single
Family Attached Property, and
$470,098  Expected Residential Lot
Count in Tax Zone 2 for Single
Family Detached Property
If any portion of a Final Subdivision Map, or any area expected by CFD No. 52 to become Final Mapped Property – such as the area within TTM 20449, TTM 20529, or any other Tentative Tract Map – changes any time after the City has issued Bonds, causing an adjustment to the number of Designated Buildable Lots, then the Backup Special Tax A for all Designated Buildable Lots of Single Family Property subject to the change shall be calculated according to the following steps:

Step 1: Determine the total Backup Special Tax A that
could have been collected from Designated
Buildable Lots of Single Family Property within the
applicable Tax Zone, prior to the Final Subdivision
Map or expected Final Mapped Property change.

Step 2: Divide the amount determined in Step 1 by the
number of Designated Buildable Lots of Single
Family Property that exists in the applicable Tax
Zone after the Final Subdivision Map or expected
Final Mapped Property change.

Step 3: Apply the amount determined in Step 2 as the
Backup Special Tax A per Unit for Single Family
Property in the applicable Tax Zone.

The Backup Special Tax A for an Assessor’s Parcel shall not change once an Assessor’s Parcel is classified as Developed Property.
b. Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, and Undeveloped Property
The Maximum Special Tax A for Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, and Undeveloped Property shall be $116,395 per Acre in Tax Zone 1 and $116,962 per Acre in Tax Zone 2, and shall not be subject to increase or reduction and, therefore, shall remain the same in every Fiscal Year. 2140
City of Ontario CFD No. 52 13 May 31, 2024

2. Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel classified as Developed Property in Tax Zone 1 shall be determined by reference to Table 3 below.

TABLE 3
MAXIMUM SPECIAL TAX B – DEVELOPED PROPERTY
Land Use Class Maximum Special Tax B
Fiscal Year 2024-25
Residential Property
Single Family Detached Dwelling Unit $1,501.46 per Unit Multiple Family Dwelling Unit $1,301.51 per Unit
Gated Community Attached Dwelling Unit $1,091.38 per Unit Non-Residential Property $0.273800 per Sq. Ft.

On January 1 of each Fiscal Year, commencing January 1, 2025, the Maximum Special Tax B to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to 4.0% of the amount in effect for the prior Fiscal Year.

3. Multiple Land Use Classes on an Assessor’s Parcel
In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax A levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax A for all Units of Single Family Property and Acres of Other Residential Property and NonResidential Property (based on the pro rata share of Square Footage between Other Residential Property and Non-Residential Property, according to the applicable building permits, Final Subdivision Map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel. The Maximum Special Tax B levied on such Assessor’s Parcel in Tax Zone 1 shall be the sum of the Maximum Special Tax B for all Units of Residential Property and all Square Footage of Non-Residential Property (based on the applicable building permits, Final Subdivision Map, parcel map, condominium plan, or other recorded County map) located on that Assessor’s Parcel in Tax Zone 1.

4. Developed Property Special Tax Obligation
Once an Assessor’s Parcel has been taxed in any Fiscal Year as Developed Property, the Assessor’s Parcel shall continue to be taxed as Developed Property regardless of changes to or expiration of the original building permit, and regardless of revisions to or destruction of the structure that was, or was expected to be, constructed pursuant to the original building permit. 2141
City of Ontario CFD No. 52 14 May 31, 2024
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Each Fiscal Year, beginning with Fiscal Year 2024-25, the CFD Administrator shall determine the Special Tax A Requirement for such Fiscal Year. The Special Tax A shall then be levied as follows:

First: If needed to satisfy the Special Tax A Requirement, Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the applicable Assigned Special Tax A;
Second: If additional monies are needed to satisfy the Special Tax A Requirement after the first step has been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Final Mapped Property up to 100% of the Maximum Special Tax A for Final Mapped Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement after the first two steps have been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax A for Undeveloped Property;
Fourth: If additional monies are needed to satisfy the Special Tax A Requirement after the first three steps have been completed, then the levy of Special Tax A on each Assessor’s Parcel of Developed Property whose Maximum Special Tax A is determined through the application of the Backup Special Tax A shall be increased Proportionately from the Assigned Special Tax A up to the Maximum Special Tax A for each such Assessor’s Parcel;
Fifth: If additional monies are needed to satisfy the Special Tax A Requirement after the first four steps have been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Taxable Property Owner Association Property up to the Maximum Special Tax A for Taxable Property Owner Association Property; Sixth: If additional monies are needed to satisfy the Special Tax A Requirement after the first five steps have been completed, then Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Taxable Public Property up to the Maximum Special Tax A for Taxable Public Property.

Notwithstanding the above, under no circumstances shall Special Tax A levied in any Fiscal Year on any Assessor’s Parcel of Single Family Property or Other Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of delinquency or default by the owner or owners of any other Assessor’s Parcel or Assessor’s Parcels within CFD No. 52 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.
2142
City of Ontario CFD No. 52 15 May 31, 2024

2. Special Tax B
Each Fiscal Year, beginning with Fiscal Year 2024-25, the CFD Administrator shall determine the Special Tax B Requirement. The Special Tax B shall then be levied Proportionately on each Assessor’s Parcel of Developed Property in Tax Zone 1 up to 100% of the applicable Maximum Special Tax B for such Assessor’s Parcel, until the Special Tax B Requirement is satisfied. However, the Special Tax B levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax B levied in the prior Fiscal Year.

E. EXEMPTIONS
In Tax Zone 1, no Special Tax shall be levied on up to 0.17 Acres of Public Property and up to 3.63 Acres of Property Owner Association Property. In Tax Zone 2, no Special Tax shall be levied on up to 1.53 Acres of Public Property and up to 8.46 Acres of Property Owner Association Property. Tax-exempt status in each Tax Zone will be assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property.

Property Owner Association Property or Public Property that is not exempt from the Special Tax A under this section shall be subject to the levy of Special Tax A and shall be taxed Proportionately as part of the fifth or sixth step, respectively, in Section D above, up to 100% of the applicable Maximum Special Tax A for Taxable Property Owner Association Property and Taxable Public Property. No Special Tax A shall be levied in any Fiscal Year on Assessor’s Parcels that have fully prepaid the Special Tax A obligation pursuant to the formula set forth in Section H.

No Special Tax shall be levied on Lower Income Household Welfare Exemption Property; provided, however, that if, in any Fiscal Year, applicable law does not require that Lower Income Household Welfare Exemption Property be exempt from some portion, or all, of the Special Tax, such portion, or all, of the Special Tax shall be levied on such property in accordance with this Rate and Method of Apportionment based on the Land Use Class to which the Assessor’s Parcel is assigned.

F. APPEALS
Any property owner may file a written appeal of the Special Tax with CFD No. 52 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

The appeal must specify the reasons why the appellant claims the Special Tax is in error.

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. 2143
City of Ontario CFD No. 52 16 May 31, 2024
If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies).

This procedure shall be exclusive and its exhaustion by any property owner shall be a condition precedent to filing any legal action by such owner.

G. MANNER OF COLLECTION
The Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that the Special Taxes may be collected in such other manner as the City Council shall determine, including direct billing of affected property owners.

H. PREPAYMENT OF SPECIAL TAX A
The following definitions apply to this Section H:
“CFD Public Facilities” means $23,817,000 for each Prepayment Period, or such lower number as determined by the City Council to be sufficient to fund the Facilities and Services to be provided by CFD No. 52.
“Expenditures Fund” means funds or accounts, regardless of their names, that are established to hold moneys that are available to acquire or construct Facilities and to fund Services.
“Future Facilities Costs” means the CFD Public Facilities minus (i) Facilities and Services costs previously paid from the Expenditures Fund during the Prepayment Period in which the prepayment is being made, (ii) moneys currently on deposit in the Expenditures Fund from deposits made during the Prepayment Period in which the prepayment is being made, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance Facilities costs. In no event shall the amount of Future Facilities Costs be less than zero.
“Prepayment Period” means one of three periods of time during which a Special Tax prepayment may be made.
“Prepayment Period 1” means July 1, 2024, through June 30, 2058. “Prepayment Period 2” means July 1, 2058, through June 30, 2091. “Prepayment Period 3” means July 1, 2091, through June 30, 2125. 2144
City of Ontario CFD No. 52 17 May 31, 2024
Only Special Tax A may be prepaid; Special Tax B shall continue to be levied on an annual basis on all Developed Property in Tax Zone 1 of CFD No. 52.

1. Prepayment in Full
The obligation of an Assessor's Parcel to pay the Special Tax A may be prepaid as described herein, provided that a prepayment may be made only for Assessor’s Parcels for which a building permit for new construction was issued after January 1, 2023, and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a fee for providing this service. Prepayment in any six month period must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture.

The Special Tax A Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below):

Bond Redemption Amount
plus Redemption Premium
plus Future Facilities Amount
plus Defeasance Amount
plus Administrative Fees and Expenses
less Reserve Fund Credit
Total Prepayment Amount
As of the proposed date of prepayment, the Special Tax A Prepayment Amount (defined below) shall be calculated by the CFD Administrator as follows:

Paragraph No.

1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel, and determine the Prepayment Period for the proposed prepayment.

2. Compute the Assigned Special Tax A and Backup Special Tax A for the Assessor’s Parcel to be prepaid based on the Developed Property Special Tax A which is, or could be, charged in the current Fiscal Year. For Assessor’s Parcels of Final Mapped Property (for which a building permit has been issued but which is not yet classified as Developed Property) to be prepaid, compute the Assigned Special Tax A and Backup Special Tax A for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor’s Parcel. 2145
City of Ontario CFD No. 52 18 May 31, 2024

3. (a) Divide the Assigned Special Tax A computed pursuant to Paragraph 2 by the total estimated Assigned Special Tax A for CFD No. 52 based on the Developed Property Special Tax A which could be charged in the current Fiscal Year on all expected development through buildout of CFD No. 52, excluding any Assessor’s Parcels which have been prepaid, and
(b) Divide the Backup Special Tax A computed pursuant to Paragraph 2 by the estimated total Backup Special Tax A at buildout of CFD No. 52, excluding any Assessor’s Parcels which have been prepaid.

4. Multiply the larger quotient computed pursuant to Paragraph 3(a) or 3(b) by the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the “Bond Redemption Amount”).

5. Multiply the Bond Redemption Amount computed pursuant to Paragraph 4 by the applicable redemption premium (e.g., the redemption price minus 100%), if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”).

6. Compute the Future Facilities Costs for the applicable Prepayment Period.

7. Multiply the larger quotient computed pursuant to Paragraph 3(a) or 3(b) by the amount determined pursuant to Paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the “Future Facilities Amount”).

8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds.

9. Determine the Special Tax A levied on the Assessor’s Parcel in the current Fiscal Year which has not yet been paid.

10. Add the amounts computed pursuant to Paragraphs 8 and 9 to determine the “Defeasance Amount”.

11. Verify the administrative fees and expenses of CFD No. 52, including the costs to compute the prepayment, the costs to invest the prepayment proceeds, the costs to redeem Bonds, and the costs to record any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Indenture) on the prepayment date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the “Reserve Fund Credit”). No Reserve Fund Credit shall be granted if reserve funds are below 100% of the reserve requirement on the prepayment date or the redemption date.
2146
City of Ontario CFD No. 52 19 May 31, 2024

13. The Special Tax A prepayment is equal to the sum of the amounts computed pursuant to Paragraphs 4, 5, 7, 10, and 11, less the amount computed pursuant to Paragraph 12 (the “Prepayment Amount”).

14. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 4, 5, 10, and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Paragraph 7 shall be deposited into the Expenditures Fund. The amount computed pursuant to Paragraph 11 shall be retained by CFD No. 52.

The Special Tax A Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000, or integral multiple thereof, will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of Bonds or to make debt service payments.

As a result of the payment of the current Fiscal Year’s Special Tax A levy as determined under Paragraph 9 (above), the CFD Administrator shall remove the current Fiscal Year’s Special Tax A levy for such Assessor’s Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid during Prepayment Period 3, the CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act to indicate that Special Tax A has been prepaid and that the obligation of such Assessor's Parcel to pay Special Tax A shall cease.

With respect to Special Tax A for any Assessor’s Parcel that is prepaid during Prepayment Period 1 or Prepayment Period 2, the obligation of such Assessor’s Parcel to pay Special Tax A shall be tolled, or suspended, through the end of such Prepayment Period, but shall resume in the first Fiscal Year of the subsequent Prepayment Period.

The CFD Administrator shall cause a suitable notice to be recorded in compliance with the Act to indicate that Special Tax A has been satisfied for the remainder of the applicable Prepayment Period but has not been permanently satisfied and the obligation to pay Special Tax A will resume in the first Fiscal Year of the Prepayment Period following the Prepayment Period in which the prepayment was made. Once the obligation of an Assessor’s Parcel to pay Special Tax A resumes, Special Tax A for the then applicable Prepayment Period may be prepaid.

Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property within CFD No. 52 (after excluding 1.70 Acres of Public Property and 12.09 Acres of Property Owner Association Property) both prior to and after the proposed prepayment is at least

1.1 times the maximum annual debt service on all Outstanding Bonds.

2. Prepayment in Part
The Special Tax A on an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2023, may be partially prepaid. The amount of the prepayment shall be calculated as in Section H.1, except that a partial prepayment shall be calculated by the CFD Administrator according to the following formula:
2147
City of Ontario CFD No. 52 20 May 31, 2024
PP = (PF – AE) x % + AE.

The terms above have the following meaning:

PP = the partial prepayment
PF = the Prepayment Amount (full prepayment) for Special Tax A calculated according to Section H.1
AE = the Administrative Fees and Expenses determined pursuant to paragraph 11 above % = the percentage by which the owner of the Assessor’s Parcel(s) is partially prepaying Special Tax A
The Special Tax A partial prepayment amount must be sufficient to redeem at least a $5,000 increment of Bonds.

The owner of any Assessor’s Parcel who desires such prepayment shall notify the CFD Administrator of such owner’s intent to partially prepay Special Tax A and the percentage by which Special Tax A shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of Special Tax A for an Assessor’s Parcel within thirty (30) days of the request and may charge a fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the remitted prepayment funds according to Section H.1, and (ii) indicate in the records of CFD No. 52 that there has been a partial prepayment of Special Tax A and that a portion of Special Tax A with respect to such Assessor’s Parcel, equal to the outstanding percentage (100% - “%”, as defined above) of the Maximum Special Tax A, shall continue to be levied on such Assessor’s Parcel pursuant to Section D during the Prepayment Period in which the partial prepayment is made.

For partial prepayments made during Prepayment Period 1 or Prepayment Period 2, the full amount of Special Tax A shall resume in the first Fiscal Year of the Prepayment Period following the Prepayment Period in which the partial prepayment was made.

Once the obligation of an Assessor’s Parcel to pay Special Tax A resumes, Special Tax A for the then applicable Prepayment Period may be prepaid.

I. TERM OF SPECIAL TAX
The Fiscal Year after which no further Special Tax A shall be levied or collected is Fiscal Year 2124-2125, except that Special Tax A that was lawfully levied in or before such Fiscal Year and that remains delinquent may be collected in subsequent years. Special Tax B shall continue to be levied indefinitely on an annual basis on all Developed Property in Tax Zone 1 of CFD No. 52.
2148
Ta
xZone 1 Tax Zone 2
Legend
2149

EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 1 OF 3)
CITY OF ONTARIO AND CFD NO. 52 CERTIFICATE

1. Pursuant to Section C.1 of the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) for City of Ontario Community Facilities District No. 52 (Sundance Park) (“CFD No. 52”), the Assigned Special Tax A and the Backup Special Tax A for Developed Property within CFD No. 52 has been modified. a. The information in Tables 1 and 2 relating to Assigned Special Tax A for Developed Property within CFD No. 52, as stated in Section C.1.a.2 of the Rate and Method of Apportionment, has been modified as follows:

EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 2 OF 3)
TABLE 2
TAX ZONE 2
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
b. The Backup Special Tax for Developed Property, as stated in Section C.1.a.3, shall be modified as follows:

The Backup Special Tax A shall be $[ ] per Unit for Single Family Property in Tax Zone 1 and, in Tax Zone 2, shall be $[ ] per Unit of Single Family Attached Property and $[ ] per Unit of Single Family Detached Property. However, if the Expected Residential Lot Count of Single Family Property does not equal 120 in Tax Zone 1 and 298 in Tax Zone 2, and the City has not issued Bonds, then the Backup Special Tax A for Designated Buildable Lots of Single Family Property in each Tax Zone shall be calculated according to the following formulas:

Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
8 Single Family Attached Property < 801 $[ ] per Unit
9 Single Family Attached Property 801 – 1,000 $[ ] per Unit 10 Single Family Attached Property 1,001 – 1,200 $[ ] per Unit 11 Single Family Attached Property 1,201 – 1,400 $[ ] per Unit 12 Single Family Attached Property 1,401 – 1,600 $[ ] per Unit 13 Single Family Attached Property 1,601 – 1,800 $[ ] per Unit 14 Single Family Attached Property 1,801 – 2,000 $[ ] per Unit 15 Single Family Attached Property > 2,000 $[ ] per Unit 16 Single Family Detached Property < 1,801 $[ ] per Unit 17 Single Family Detached Property 1,801 – 2,000 $[ ] per Unit 18 Single Family Detached Property 2,001 – 2,200 $[ ] per Unit 19 Single Family Detached Property 2,201 – 2,400 $[ ] per Unit 20 Single Family Detached Property > 2,400 $[ ] per Unit 21 Other Residential Property $[ ] per Acre
22 Non-Residential Property $[ ] per Acre
2151

EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 3 OF 3)
Tax Zone 1 = $[ ]  Expected Residential Lot
Count in Tax Zone 1 for Single
Family Property
Tax Zone 2 = $[ ]  Expected Residential Lot
Count in Tax Zone 2 for Single
Family Attached Property, and $[ ]
 Expected Residential Lot Count in
Tax Zone 2 for Single Family
Detached Property

2. The Special Tax A for Developed Property may only be modified prior to the first issuance of CFD No. 52 Bonds.

3. Upon execution of this certificate by CFD No. 52, CFD No. 52 shall cause an amended notice of Special Tax lien for CFD No. 52 to be recorded reflecting the modifications set forth herein.

Capitalized undefined terms used herein have the meanings ascribed thereto in the Rate and Method. The modifications set forth in this Certificate have been calculated by the CFD Administrator in accordance with the Rate and Method.

GOODWIN CONSULTING GROUP, INC.

CFD ADMINISTRATOR
By:_________________________________ Date:______________________

The undersigned acknowledges receipt of this Certificate and of the modification of the Assigned Special Tax A and Backup Special Tax A for Developed Property as set forth in this Certificate.

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 52
(SUNDANCE PARK)
By:_________________________________ Date:______________________ 2152
RESOLUTION NO.________

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

CALIFORNIA, DEEMING IT NECESSARY FOR CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK) TO

INCUR BONDED INDEBTEDNESS
WHEREAS, on July 2, 2024, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 52 (Sundance Park) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services; and
WHEREAS, on July 2, 2024, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Declaring it Necessary for City of Ontario Community Facilities District No. 52 (Sundance Park) to Incur Bonded Indebtedness” (the “Resolution Declaring Necessity”), declaring it necessary for the Community Facilities District to incur bonded indebtedness and setting the date for a public hearing to be held on the proposed debt authorization; and WHEREAS, pursuant to the Resolution Declaring Necessity, notice of said public hearing was published in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; and
WHEREAS, on this date, the City Council opened, conducted and closed said public hearing; and
WHEREAS, at said public hearing, any person interested, including persons owning property within the area and desiring to appear and present any matters material to the questions set forth in the Resolution Declaring Necessity appeared and presented such matters; and
WHEREAS, oral or written protests against the proposed debt issue were not made or filed at or before said public hearing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the Special Tax; and
2153
WHEREAS, the City Council deems it necessary for the Community Facilities District to incur bonded indebtedness; and
WHEREAS, on this date, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 52 (Sundance Park), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established;” and WHEREAS, the City Clerk of the City (the “City Clerk”) is the election official that will conduct the special election on the proposition to authorize the Community Facilities District to incur bonded indebtedness; and
WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the Community Facilities District as of July 15, 2024, which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of said public hearing; and
WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District consenting to the waiver of, and waiving, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on August 20, 2024, and consenting to the waiver of, and waiving, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on August 20, 2024;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

SECTION 2. The City Council deems it necessary for the Community Facilities District to incur the bonded indebtedness.

SECTION 3. The bonded indebtedness will be incurred for the purpose of financing the costs of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of said purpose, including, but not limited to, such costs and estimated costs as are described in Section 53345.3 of the Act. 2154
SECTION 4. In accordance with the previous determination of the City Council, the whole of the Community Facilities District will pay for the bonded indebtedness.

SECTION 5. The maximum amount of debt to be incurred is $85,000,000.

SECTION 6. The maximum term the bonds to be issued shall run before maturity is 40 years.

SECTION 7. The maximum annual rate of interest to be paid shall not exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually or at such times as the City Council or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by the City Council or its designee at the time or times of sale of the bonds.

SECTION 8. The proposition to authorize the Community Facilities District to incur the bonded indebtedness shall be submitted to the qualified electors of the Community Facilities District.

SECTION 9. The City Council hereby finds and determines that no persons were registered to vote within the territory of the Community Facilities District as of July 15, 2024, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

SECTION 10. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have (a) unanimously consented to the waiver of, and have waived, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), (b) unanimously consented to the holding of said election on August 20, 2024, and (c) unanimously consented to the waiver of, and have waived, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on August 20, 2024.

SECTION 11. The date of the special community facilities district election (which shall be consolidated with the special district election to authorize the Community Facilities District to levy the Special Tax) at which time the proposition to authorize the Community Facilities District to incur the bonded indebtedness shall be submitted to the voters is August 20, 2024.
2155
SECTION 12. As authorized by Section 53353.5 of the Act, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities to levy the Special Tax and to establish an appropriations limit of the Community Facilities District shall be combined into one ballot proposition.

SECTION 13. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballot. The voted ballots are required to be received in the office of the City Clerk no later than 7:30 p.m. on August 20, 2024; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

SECTION 14. All actions heretofore taken by the officers, employees and agents of the City with respect to the incurrence of bonded indebtedness by the Community Facilities District, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 15. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 16. This Resolution shall take effect immediately upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
2156
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2157

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2158
4143-6904-1232.1

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 52
(SUNDANCE PARK)

CONCURRENCE OF ELECTION OFFICIAL
I, Sheila Mautz, City Clerk of the City of Ontario (the “City”), hereby certify as follows:
(a) that I am the election official responsible for conducting special elections in the City; and
(b) that, pursuant to Section 53326(a) of the Mello-Roos Community Facilities Act of 1982 (the “Act”), I do hereby concur in (i) the holding on the date hereof of the special election to submit to the qualified electors of City of Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”) the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy a special tax and to establish an appropriations limit of the Community Facilities District, as provided in the resolution entitled “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 52 (Sundance Park),” proposed to be adopted by the City Council of the City on the date hereof, and (ii) the waiving by the unanimous consent of the qualified electors of the Community Facilities District of any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of the election, including any time limit or requirement applicable to any election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act).

Dated: August 20, 2024
Sheila Mautz, City Clerk
2159
RESOLUTION NO. ________

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

CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK)
WHEREAS, on this date, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 52 (Sundance Park), Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” (the “Resolution of Formation”), establishing City of Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”), proposing that the Community Facilities District be authorized to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services and proposing that an appropriations limit of the Community Facilities District be established at $85,000,000; and WHEREAS, on this date, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 52 (Sundance Park) to Incur Bonded Indebtedness” (the “Resolution Deeming Necessity”), deeming it necessary for the Community Facilities District to incur bonded indebtedness in a maximum amount of $85,000,000; and
WHEREAS, pursuant to the provisions of the Act and said resolutions, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish such appropriations limit of the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District at a special election; and
WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for such special election; and WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the Community Facilities District as of July 15, 2024, which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District; and WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District consenting to the waiver of, and waiving, any time limit specified by Section 53326 of the Act and any requirement 2160
pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on August 20, 2024 and consenting to the waiver of, and waiving, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on August 20, 2024;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

SECTION 2. Pursuant to Sections 53351, 53326 and 53325.7 of the Act, the propositions to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District shall be submitted to the qualified electors of the Community Facilities District at an election called therefor as provided below.

SECTION 3. The City Clerk is hereby designated as the official to conduct said election.

SECTION 4. As authorized by Section 53353.5 of the Act, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish such appropriations limit of the Community Facilities District shall be combined into one ballot proposition.

SECTION 5. The City Council hereby finds and determines that no persons were registered to vote within the territory of the Community Facilities District as of July 15, 2024, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

SECTION 6. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have (a) unanimously consented to the waiver of, and have waived, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with 2161
Section 53345 of the Act), (b) unanimously consented to the holding of said election on August 20, 2024, and (c) unanimously consented to the waiver of, and have waived, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on August 20, 2024.

SECTION 7. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness in a maximum amount of $85,000,000, to authorize the Community Facilities to levy the Special Tax and to establish the appropriations limit of the Community Facilities District at $85,000,000, which election shall be held at 303 East B Street, Ontario, California, on August 20, 2024, provided, that, in the event the August 20, 2024 City Council meeting is held via teleconference and/or videoconference only, the means by which the public may observe such public hearings and offer public comment would be as prescribed in the notice and agenda for such City Council meeting. The City Council has caused to be provided to the City Clerk, as the official to conduct the election, the Resolution of Formation, the Resolution Deeming Necessity, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District.

The voted ballots shall be returned to the City Clerk not later than 7:30 p.m. on August 20, 2024; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

SECTION 8. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballot pursuant to Section 4000 et. seq. of the California Elections Code. Except as otherwise provided in the Act, the provisions of law regulating elections of the City, insofar as they may be applicable, shall govern the election.

SECTION 9. The form of the ballot for the election, which sets forth the measure to be submitted to the voters, is attached hereto as Exhibit A and by this reference incorporated herein, and such form of ballot is hereby approved. The City Clerk shall cause to be delivered to each of the qualified electors of the Community Facilities District a ballot in said form, together with all supplies and written instructions necessary for the use and return of the ballot. The number of votes to be voted by a particular landowner shall be specified on the ballot provided to that landowner.

The identification envelope for return of a ballot shall be enclosed with such ballot, shall have the return postage prepaid, and shall contain: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or the authorized representative of the landowner entitled to vote and is the person whose name appears on the identification envelope, (c) the printed name and signature of the voter, (d) the date of signing and place of execution of the declaration described in clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
2162
Analysis and arguments with respect to the measure submitted to the voters are hereby waived, as provided in Section 53327 of the Act.

SECTION 10. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 303 East B Street, Ontario, California, to and including 7:30 p.m. on August 20, 2024, whether said ballots be personally delivered or received by mail.

The City Clerk shall have available ballots that may be marked at said location on the election day by said qualified electors.

SECTION 11. The City Council hereby determines that the facilities and services financed by the Community Facilities District are necessary to meet increased demands placed upon local agencies as a result of development occurring in the Community Facilities District.

SECTION 12. The specific purpose of the bonded indebtedness that the Community Facilities District is proposed to be authorized to incur is the financing of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of such purpose, and the proceeds of such bonded indebtedness shall be applied only to such specific purpose.

Upon approval of the proposition to authorize the Community Facilities District to incur bonded indebtedness, and the sale of any bonds evidencing such indebtedness, the City Council shall take such action as may be necessary to cause to be established an account for deposit of the proceeds of sale of the bonds. For so long as any proceeds of the bonds remain unexpended, the Executive Director of Finance of the City shall cause to be filed with the City Council, no later than January 1 of each year, a report stating (a) the amount of bond proceeds received and expended during the preceding year, and (b) the status of any project funded or to be funded from bond proceeds. Said report may relate to the calendar year, fiscal year, or other appropriate annual period, as the Executive Director of Finance of the City shall determine, and may be incorporated into the annual budget, audit, or other appropriate routine report to the City Council.

SECTION 13. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election called pursuant hereto, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 14. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 15. This Resolution shall take effect immediately upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
2163
PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2164

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2165
\

EXHIBIT A

OFFICIAL BALLOT

CITY OF ONTARIO
August 20, 2024

SPECIAL ELECTION
This ballot is for a special, landowner election. The number of votes to be voted pursuant to this ballot is ____.

INSTRUCTIONS TO VOTERS:

To vote on the measure, mark a cross (+ or X) in the voting square after the word “YES” or after the word “NO”. All distinguishing marks or erasures are forbidden and make the ballot void. If you wrongly mark, tear or deface this ballot, return it to the City Clerk of the City of Ontario and obtain another.

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 52
(SUNDANCE PARK)
MEASURE: Shall the measure to authorize City of
Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”) to incur bonded
indebtedness in a maximum amount of $85,000,000, to
authorize the Community Facilities District to levy a special tax in order to finance certain facilities and services and to establish the annual appropriations limit of the Community Facilities District at $85,000,000, as specified in the resolutions adopted by the City Council of the City of Ontario on August 20, 2024 entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 52 (Sundance Park), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” and “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 52 (Sundance Park) to Incur Bonded Indebtedness,” be adopted? Yes:
No:
2166
RESOLUTION NO.________

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

CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND

DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN
WHEREAS, on August 20, 2024, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 52 (Sundance Park)” (the “Resolution Calling Election”), calling a special election to submit to the qualified electors of City of Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”) the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy a special tax and to establish the appropriations limit of the Community Facilities District; and
WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on August 20, 2024; and WHEREAS, the City Clerk of the City (the “City Clerk”) has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The foregoing recitals are true and correct, and the City Council so finds and determines.

SECTION 2. The City Council has received, reviewed and hereby accepts the Canvass.

SECTION 3. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Community Facilities District pursuant to the Resolution Calling Election has been passed and approved by such electors in accordance with Section 53355, Section 53328 and Section 53325.7 of the Act.

SECTION 4. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino a notice of special tax lien in the form required by the Act, said recording to occur no later than 15 days following adoption by the City Council of this Resolution.

SECTION 5. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified. 2167
SECTION 6. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 7. This Resolution shall take effect immediately upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2168

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2169

EXHIBIT A
[See attached]
2170

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 52
(SUNDANCE PARK)

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on August 20, 2024, I canvassed the returns of the special election for City of Ontario Community Facilities District No. 52 (Sundance Park) held on August 20, 2024, that the total number of ballots cast in said Community Facilities District and the total number of votes cast for and against the combined ballot proposition submitted to the qualified electors of the Community Facilities District are as follows and that the totals as shown for and against such proposition are true and correct:

Qualified
Landowner
Votes
Votes
Cast YES NO
City of Ontario Community Facilities
District No. 52 (Sundance Park)
Special Election, August 20, 2024
21 ___ ___ ___
MEASURE: Shall the measure to authorize City of Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”) to incur bonded indebtedness in a maximum amount of $85,000,000, to authorize the Community Facilities District to levy a special tax in order to finance certain facilities and services and to establish the annual appropriations limit of the Community Facilities District at $85,000,000, as specified in the resolutions adopted by the City Council of the City of Ontario on August 20, 2024 entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 52 (Sundance Park), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” and “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 52 (Sundance Park) to Incur Bonded Indebtedness,” be adopted? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 20th day of August, 2024.

BY:

SHEILA MAUTZ, CITY CLERK
2171
ORDINANCE NO.________

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

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 52 (SUNDANCE PARK)
WHEREAS, on July 2, 2024, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 52 (Sundance Park) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Ontario Community Facilities District No. 52 (Sundance Park) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services (the “Services”); and
WHEREAS, on August 20, 2024, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 52 (Sundance Park), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 52 (Sundance Park) to Incur Bonded Indebtedness” and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 52 (Sundance Park),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Community Facilities District, proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; and
WHEREAS, on August 20, 2024, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and
WHEREAS, the City Council is the legislative body of the Community Facilities District;
2172
THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2024-25 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

SECTION 2. The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Rate and Method.

SECTION 3. The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Rate and Method.

SECTION 4. The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.

SECTION 5. The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.

SECTION 6. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.

SECTION 7. 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 fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
2173
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
2174

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)
2175
RESOLUTION NO. ________

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

CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN

AMENDED AND RESTATED ACQUISITION AND FUNDING

AGREEMENT WITH BROOKCAL ONTARIO LLC
WHEREAS, certain real property within the boundaries of the City located generally south of State Route 60 is commonly referred to as Ontario Ranch; and WHEREAS, such real property was previously known as the New Model Colony; and
WHEREAS, the City has approved a General Plan Amendment for the New Model Colony (the name by which Ontario Ranch was formerly known), which has been supplemented by certain water, recycled water and sewer master plans (as so supplemented, the “General Plan Amendment”) and has certified an Environmental Impact Report and adopted a Mitigated Negative Declaration in connection with the General Plan Amendment (together, the “Environmental Impact Report”); and WHEREAS, the City has specified in the General Plan Amendment and the Environmental Impact Report the major backbone transportation, water, sewer, storm drainage, parks, public safety infrastructure and fiber optic systems required to serve Ontario Ranch; and
WHEREAS, BrookCal Ontario LLC (the “Developer”) is developing certain of the property within Ontario Ranch (the “Property”); and
WHEREAS, certain of such major backbone infrastructure is required to serve the Property; and
WHEREAS, in order to provide a mechanism to fund, in a timely manner, the costs of certain of such major backbone infrastructure required to serve the Ontario Ranch (the “Facilities”) so that such development could occur, the City and the Developer entered into the Acquisition and Funding Agreement, dated as of May 7, 2019 (the “Original Acquisition Agreement”), pursuant to which the Facilities would, as provided in the Original Acquisition Agreement, be constructed by or on behalf of the Developer and acquired by the City; and
WHEREAS, certain provisions of the Original Acquisition Agreement were amended pursuant to the First Amendment to Acquisition and Funding Agreement, dated as of January 1, 2022, by and between the City and the Developer (the Original Acquisition Agreement, as so amended, the “First Amended Acquisition Agreement”); and
WHEREAS, in order to provide such a mechanism, the City has, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”), established 2176
three community facilities districts, namely, City of Ontario Community Facilities District No. 40 (Emerald Park Facilities) (“Community Facilities District No. 40”), City of Ontario Community Facilities District No. 41 (Canvas Park Facilities) (“Community Facilities District No. 41”) and City of Ontario Community Facilities District No. 52 (Sundance Park) (“Community Facilities District No. 52” and, together with Community Facilities District No. 40 and Community Facilities District No. 41, the “Community Facilities Districts”); and
WHEREAS, pursuant to the Act, the proceedings of the City Council of the City and an election held within each Community Facilities District, each Community Facilities District is authorized to levy a special tax within such Community Facilities District and issue special tax bonds secured by such special tax in order to finance certain of the Facilities; and
WHEREAS, each of Community Facilities District No. 40 and Community Facilities District No. 41 has levied a special tax within its boundaries and has previously issued special tax bonds secured by such special tax in order to finance certain of the Facilities; and
WHEREAS, certain of the Facilities so financed have previously been acquired by the City pursuant to the Original Acquisition Agreement and certain of the Facilities so financed have previously been acquired by the City pursuant to the First Amended Acquisition Agreement; and
WHEREAS, the City and the Developer desire to amend, supplement and modify certain provisions of the First Amended Acquisition Agreement; and WHEREAS, Section 6.4 of the First Amended Acquisition Agreement provides that the First Amended Acquisition Agreement may be amended, supplemented and otherwise modified by an instrument in writing executed and delivered by the City and the Developer; and
WHEREAS, in order to reflect such amendments, supplements and modifications to the First Amended Acquisition Agreement, the City and the Developer desire to amend and restate the First Amended Acquisition Agreement pursuant to an Amended and Restated Acquisition and Funding Agreement by and between the City and the Developer (such Amended and Restated Acquisition and Funding Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Amended and Restated Acquisition Agreement”); and
WHEREAS, the City Council is the legislative body of each of the Community Facilities Districts;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:
2177
SECTION 1. The Amended and Restated Acquisition Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved. Each of the Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City and the Executive Director of Finance of the City, and such other officer or employee of the City as the City Manager may designate (the “Authorized Officers”) is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the City, to execute and deliver the Amended and Restated Acquisition Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Amended and Restated Acquisition Agreement by such Authorized Officer.

SECTION 2. All actions heretofore taken by the officers, employees and agents of the City with respect to the Amended and Restated Acquisition Agreement, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.

SECTION 3. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

SECTION 4. This Resolution shall take effect immediately upon its adoption.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
2178
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2179

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2180
Department: Planning
Prepared By: Jocelyn Torres
Department:

Prepared By: Jocelyn Torres
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 29
SUBJECT: AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY A CONDITIONAL USE PERMIT TO ESTABLISH A 10,314 SQUARE-FOOT ADULT DAY CARE FACILITY AT 910 NORTH MOUNTAIN AVENUE

CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council conduct a public hearing on the Appeal and, after receiving all public testimony, uphold the Planning Commission’s decision to deny Conditional Use Permit File No. PCUP23-018, to establish a 10,314 square-foot adult day care facility located at 910 North Mountain Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT: There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

On October 12, 2023, Michael Mai (the “Appellant”) submitted a Conditional Use Permit (“CUP”) application requesting approval to establish a 10,314 square-foot Adult Day Care facility at 910 North Mountain Avenue.

On February 21, 2024, the Zoning Administrator (ZA) held a public hearing to consider the application and subsequently denied the application on March 11, 2024 (Decision No. ZA24-008).

The ZA decision to deny the Conditional Use Permit request was based upon the fact that the Project is not consistent with the finding listed in Section 4.02.015(D)(2) of the City of Ontario Development Code, as stated below.

Ontario Development Code Section 4.02.015(D)(2) - “The proposed use at the proposed location, and the manner in which it will be operated and maintained, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.”
2181
On March 22, 2024, the Appellant submitted an appeal of the ZA decision to deny File No. PCUP23- 018. The basis of the ZA appeal lies in the Appellant’s belief that the CUP is consistent with the General Plan and the decision to deny the CUP request is an “abuse of discretion” that is not supported by the record.

On May 28, 2024, the Planning Commission conducted a public hearing to consider the appeal of the ZA denial. Following the staff’s presentation and after receipt of all public correspondence and testimony, the Planning Commission voted 3 to 2 to adopt Resolution No. PC24-017, upholding the ZA’s decision and denying the appeal.

APPEAL TO COUNCIL: On June 7, 2024, the Appellant submitted an Appeal of the Planning Commission’s decision to uphold the ZA’s denial of PCUP23-018. A copy of the Appeal application and Appellant statement is included as Exhibit “A” of this report. The Appellant statement includes an updated business description that discusses HIPAA compliance and services, operating hours, participant capacity, and special events. The Appellant argues that the Planning Commission decision is not supported by the information, findings, and recommendations presented in the Background and Analysis Section of the ZA Decision report.

The Appellant argues that the purpose of the Conditional Use Permit is to ensure the compatibility of adjacent land uses by identifying potential “nuisance” activities and establishing appropriate measures for mitigation. The Appellant insists that city staff did their due diligence to confirm that the proposed use will not have a detrimental impact on the adjacent properties when this item was presented to the ZA. Additionally, the Appellant argues that the required findings can be made in accordance with the Ontario Development Code.

Pursuant to Development Code Section 2.04.010.B.2, an Appeal of the Planning Commission' s action is limited to those matters raised during the public hearing and contained in the Appeal Statement. In acting on the Appeal, the Approving Authority (in this case, the City Council) cannot consider any matter or issue that was not raised during the public hearing and contained in the Appeal Statement.

Staff has reviewed the Appellant’s appeal statement and provides a response for each issue raised by the Appellant below:

Appellant Issue No. 1: The Appellant argues that the proposed use was denied since it was not the highest and best use for the site. The Appellant states that the proposed use is located within the CN (Neighborhood Commercial) zoning district which permits the proposed use subject to a Conditional Use Permit. The Appellant claims that the proposed use contributes towards the intent of the CN zoning district and is compatible with the surrounding neighborhood.

Staff Response: The proposed Adult Day Care is located within the CN (Neighborhood Commercial) zoning district, which lists adult day care with 7 or more persons as a conditionally permitted use.

The Conditional Use Permit is a discretionary review process intended to ensure, among other things, that the proposed use at the proposed location is appropriate and consistent with the Policy Plan (General Plan) and City Council Priorities of The Ontario Plan. The CN zone implements the Neighborhood Commercial land use district of the General Plan, which is intended to accommodate local serving retail, office, dining, and personal service uses. Additionally, prior to approving a 2182
conditional use permit, the required findings must be made, which takes into consideration the proposed use, the proposed location, potential negative impacts, and any additional characteristics unique to the subject use, subject property, surrounding area, etc.

The proposed adult day care use is a specialized use that falls under the category of Healthcare and Social Assistance, and more specifically under Individual and Family Services. The proposed adult day care, like many other adult day care operations, caters to a specific clientele. As noted in the Appellant’s operation statement, the proposed adult day care offers services to those in need of daily health monitoring and medical care, rehabilitation services, and other specific health and social needs. Staff understands the proposed use might contribute to one’s well-being and quality of life. Staff also understands the benefit of such services throughout the city. However, in this particular case, the proposed use in the proposed location does not meet the intent of the CN zone or the Neighborhood Commercial district. Through the CUP discretionary review process, it was determined that all of the necessary findings needed to support the proposed use at the proposed location could not be made (Specifically Finding #2, Section 2.04.010.B.2 as stated above).

Additionally, it was determined that adequate and appropriate conditions of approval could not be imposed on the proposed use to satisfy the intent and policies of the General Plan in the proposed location.

Appellant Issue No. 2: The Appellant argues that the CN (Neighborhood Commercial) zoning district does discuss requirements for fostering community gathering places. The Appellant further argues that medical offices are allowed and located in the adjacent plaza. According to the Appellant, the proposed facility does contribute towards fostering local retail, dining, and personal services by bringing more business opportunities to the surrounding businesses. The adult day care facility does not have a built-in kitchen which will result in the facility ordering daily food deliveries to serve all 240 participants and 35 staff members daily from nearby local restaurants. The facility will also hold regular gathering events for participants and participants families which can benefit the surrounding businesses by introducing more foot traffic to the commercial shopping center, which aligns with Ontario Plan Policy CD-2.3.

Staff Response: The intent of the CN (Neighborhood Commercial) zoning district is to foster local serving retail, personal service, office, and dining uses, typically located within a predominantly residential neighborhood. While medical offices may be allowed in the CN zone, the location of such uses is still analyzed. It is understood that the subject commercial center contains medical office uses, however those uses are located in a different portion/building within the commercial center that may be more appropriate than the proposed location of the adult day care. Additionally, those medical office uses are not necessarily specialized uses such as the adult day care. The proposed use requires a Conditional Use Permit application, which is intended to ensure that a degree of compatibility is maintained with respect to certain uses on certain properties, due to their nature and operational characteristics. Each use is evaluated depending on the location and operational characteristics to ensure that the use aligns with the intent of the zoning district. The proposed adult day care use was evaluated based on its location and it was determined the proposed location was not appropriate for the proposed uses. The existing building at this particular location along Mountain Avenue is a prime location for commercial use that is more public serving and caters towards the intent of the zone and land use district.
2183
The Appellant’s statement also emphasizes that the Appellant anticipates ordering daily food deliveries from nearby restaurants. The floor plan for the proposed adult day care includes a designated food preparation area, and the operational characteristics letter indicated that nutrition counseling would be provided by registered dieticians to ensure well-balanced meals are provided based on the participants dietary needs. The focus on dietary needs appears to lend itself more towards specific food providers or sources, not necessarily local restaurants within the commercial center or nearby. Additionally, requiring the proposed adult day to cater food from local restaurants is not a feasible or appropriate condition through the conditional use permit process.

Lastly, the Appellant claims that the proposed adult day care will host regular events for participants and their families, but this appears specific to the adult day care operation and is not for public attendance. As such, special events are unlikely to contribute to the commercial center or support the intent of the CN designation and they would need a special event permit in any case.

Appellant Issue No. 3: The Appellant claims that it is impossible to achieve Ontario Plan Policy CD-3.5 for this specific site as the existing physical conditions make that impossible. The existing building is situated four feet higher than the pedestrian sidewalk on Mountain Avenue, and the existing west elevation that faces Mountain Avenue is mostly solid brick with only one emergency-exit door with two sidelight panels. The Appellant argues that it is impossible to provide active frontages and lively pedestrian streetscapes facing Mountain Avenue without major reconstruction of the existing building or a new ground-up building. The Appellant states that the building has been vacant for years and is too big for a retail use. The Appellant mentions that the building was previously a bank, a use that did not foster dining or local gathering places.

Staff Response: The Project site can achieve Policy 3.5, which is intended to ensure that businesses provide active frontages adjacent to sidewalks or public spaces and are designed to maximum safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type). The Project site can achieve this policy by remodeling the interior and exterior of the building. The existing site conditions do not preclude an applicant from meeting the policies of the General Plan or the intent of the zone simply because a “major reconstruction” may be necessary. With proper remodeling and redevelopment, the subject property and building could be redesigned to align with the goals and policies of The Ontario Plan. The fact that the owner would likely incur additional costs to remodel and be in compliance with City standards and policies does not justify an exception.

The building is situated within an existing shopping center on a direct corner and provides opportunities for prominent street frontage and visibility, which are two strong characteristics of a retail-serving use within a shopping center. The unique operation, purpose, and clientele of the adult daycare is not dependent on such characteristics, and by occupying this space, the adult daycare use will prevent an opportunity for a commercial use that is more aligned with the intent and vision of neighborhood commercial centers. The existing building was previously occupied by Bank of America, which closed in 2018, and a computer repair store that closed in 2023. The previous uses might have been appropriate during their time; however, with the current redevelopment along Mountain Avenue, the proposed adult day care use at this specific location would not contain or provide characteristics that create active frontage.

Appellant Issue No. 4: The Appellant argues that there is a pressing need for adult day healthcare 2184
services in the City of Ontario and neighboring cities. The proposed facility will have a maximum capacity of 240 participants daily and will have an overall enrollment of 500 Medi-Cal recipients in Ontario. The Appellant claims that the proposed facility will provide essential services to those in need while creating 30 well-paying jobs in various fields supporting employment at all skill levels.

The Appellant claims that the proposed facility will also generate substantial foot traffic from seniors and their families who will need food and other living essentials, generating business for the nearby retail shops.

Staff Response: The proposed adult day care use is a needed service for the City of Ontario and surrounding cities, but not at the proposed location. The proposed use is allowed in certain zoning districts within the City of Ontario, subject to review and approval of a Conditional Use Permit application. The proposed use at this particular location within this shopping center is not consistent with the intent of the CN district. The subject property is located along Mountain Avenue, one of the main north/south principal arterial roadways in the City. The subject property is situated within an existing shopping center and is proposed to occupy an existing pad building that is located on a prominent corner on Mountain Avenue. This site in this zone is best used for a use that serves the general public and that takes full advantage of the commercially valuable location and orientation. The size of the building also provides opportunities for good presence along the street and to serve as a secondary anchor to the shopping center.

The proposed facility will be relocating from a location in the City of Chino, and it is unclear if new local employees will be hired. The operational characteristics provided when this item was presented to the ZA indicated that participants will be picked up and dropped off at the facility.

Additionally, there is no mechanism in place to verify that the proposed facility will generate substantial foot traffic to the nearby retail shops.

CONCLUSION: Staff recommends that the City Council consider all public testimony on the Appeal and uphold the Planning Commission's decision to uphold Zoning Administrator Decision No. ZA24- 008 and deny the Appeal of the Conditional Use Permit, File No. PCUP23-018. 2185
2186
2187
2188
2189
2190
2191
2192
2193
2194
2195
2196
2197
2198
2199
RESOLUTION NO. ________

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

CALIFORNIA, UPHOLDING THE DENIAL OF A CONDITIONAL USE
PERMIT FOR AN ADULT DAY CARE FACILITY LOCATED AT 910

NORTH MOUNTAIN AVENUE WITHIN THE CN (NEIGHBORHOOD
COMMERCIAL) ZONING DISTRICT; AND FINDING THE ACTION TO BE EXEMPT FROM CEQA—APN: 1010-141-03.

WHEREAS, on October 12, 2023, Michael Mai ("Applicant") applied for a Conditional Use Permit to establish an adult day care facility on 0.46 acres of land at 910 North Mountain Avenue (APN: 1010-141-03) (File No. PCUP23-018), hereinafter referred to as "Application" or "Project"; and
WHEREAS, the site that is the subject of the Application is within the CN (Neighborhood Commercial) zoning district, and includes an existing 14,530 square-foot vacant commercial building; and
WHEREAS, the property to the north of the Project site is also within the CN (Neighborhood Commercial) zoning district and is developed with a commercial shopping center. The property to the east is within the MDR-25 (Medium-High Density Residential) zoning district and is developed with senior apartment complex. The property to the south is within the CN (Neighborhood Commercial) zoning district and is developed with a commercial building. The property to the west is within the LDR-5 (Low Density Residential) zoning district and is developed with single-family residential; and WHEREAS, on February 21, 2024, the Zoning Administrator of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, on March 11, 2024, the Zoning Administrator of the City of Ontario rendered Decision No. ZA24-008, denying Conditional Use Permit No. PCUP23-018; and WHEREAS, the Zoning Administrator’s decision to deny the application was based on the fact that the Project did not meet the required Conditional Use Permit findings; and WHEREAS, on March 22, 2024, Michael Mai (“Appellant”), submitted an Appeal of the Zoning Administrator’s decision to deny File No. PCUP23-018, and the basis for the appeal lies with the Applicant’s claim that the Zoning Administrator Decision is not supported by the record and is an “abuse of discretion”; and WHEREAS, on May 28, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the Appeal and concluded said hearing on that date, voting to issue Resolution No. PC24-017 upholding the Zoning Administrator’s decision to deny the Appeal; and
2200
WHEREAS, on June 7, 2024, Michael Mai (“Appellant”), submitted an Appeal of the Planning Commission’s decision to uphold the Zoning Administrator’s decision and deny the Appeal of the Conditional Use Permit, File No. PCUP23-018; and WHEREAS, pursuant to Development Code Section 2.04.010.B.2, an appeal of the Planning Commission’s action is limited to those matters raised during the public hearing and contained in the Appeal Statement. In acting on the Appeal, the Approving Authority (in this case, the City Council) cannot consider any matter or issue that was not raised during the public hearing and contained in the Appeal Statement; and WHEREAS, while the use proposed by the Application would be a “project” for purposes of the California Environmental Quality Act (Pub. Res. Code §§ 21000– 21189.91; “CEQA”) if it were approved by the City, CEQA does not apply to a denial (rejection or disapproval) of a project (Pub. Res. Code § 21080, subd. (b)(5)), so the action taken through this Resolution is exempt from CEQA; 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, 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 August 20, 2024, the City Council of the City of Ontario conducted a hearing to consider the Appeal of the Planning Commission’s denial of the Application, 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 City Council of the City of Ontario, as follows:

SECTION 1: As the decision-making authority for the Project, the City Council has reviewed and considered the information contained in the administrative record for the Project. Based on 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 action taken by the City Council through this Resolution (denial of the Application and proposed Project) is not subject to CEQA; and (2) The determination of CEQA exemption reflects the independent judgment of the City Council.
2201
SECTION 2: Based on the substantial evidence presented to the City Council during the above-referenced hearing, the specific findings set forth in Sections 1, above, and for all the reasons stated in the staff report, the City Council hereby concludes as follows:
(1) The proposed use at the proposed location, and the manner in which it will be operated and maintained, is not consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.
(2) The City Council hereby upholds the Planning Commission's decision to deny the appeal of File No. PCUP23-018 for a 10,314 square-foot adult day care facility located at 910 North Mountain Avenue.

SECTION 3: 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.

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 20th day of August, 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2202

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
2203

Ontario City CouncilAugust 20, 2024

Ontario City Council
August 20, 2024