Ontario City Council
August 20, 2024

FIGURE 1.1 REGIONAL LOCATION
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FIGURE 1.2 ONTARIO RANCH
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In order to actualize this vision, a series of objectives are provided to augment policies identified within the City’s TOP. These objectives and policies are as follows:

Create a place with a Unique Identity.
• Provide a variety of quality building designs that reinforces the rich agricultural history and the high quality of development within the City.
• Provide a walkable plan that ties the future residential, retail and employment areas to surrounding support uses and open space/recreational uses including the Great Park. • Provide outdoor gathering spaces within attached residential neighborhoods, office parks and retail centers.
• Design convenient access to transit stops to encourage alternatives to vehicular commuting.

Develop a Public Realm that emphasizes Comfort, Safety and Human scale. • Establish a walkable street pattern linking living and shopping areas with public spaces and the Great Park.
• Design and plan buildings and landscaping to create inviting outdoor living areas. • Create building elevations with regular articulation and varied facade expressions.

Optimize connectivity within the Mixed Use areas within the overall Community Network. • Design streets in a grid pattern with short, walkable blocks. • Establish a street pattern as a logical extension of open space, public transit and neighborhood retail and employment.
• Encourage parking solutions such as alleys, parking courts and structured parking to minimize the visual impact of stored vehicles.

Design buildings that are appropriate and contextual.
• Create design standards for vertical and horizontal mixed use buildings to address market opportunities.
• Orient buildings toward public streets, neighborhood edges and open space areas to establish and urban neighborhood character.
• Concentrate building massing along major streets and corridors and adjacent to the Great Park and near convenient transit stops.

Create active frontages along streets and open spaces.
• Design retail buildings with storefront treatments that optimize indoor/outdoor spaces. • Orient residential front doors, porches and patios to face walkable streets and away from major streets, non-residential uses and utility lines.
• Provide visual and physical access to connect to City planned trails and bikeways.

Manage infrastructure to accommodate optimal land uses. • Coordinate the development of project infrastructure to foster future pedestrian opportunities. • Encourage the timely development of shared infrastructure within the Mixed Use District. • Facilitate development plans that provide shared parking and multi-modal access/parking within the mixed use area.
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1.1 Purpose and Intent of the Specific Plan
The Euclid Mixed-Use Specific Plan provides zoning regulations for the project area by establishing permitted land use, development standards, infrastructure requirements, design guidelines and implementation requirements for future development. Development regulations and design guidelines are included to guide all site planning, architectural character, and landscape treatment within the site area to ensure a standard of excellence in community design throughout project development. The Specific Plan establishes the procedures and requirements to approve new development within the project area.

The purpose of the Specific Plan is to:
• Provide a flexible planning framework that responds to changing physical and market driven aspects of future development opportunities;
• Specify a coordinated phasing of infrastructure, utilities, and public services for this area of the Ontario Ranch;
• Promote compatible uses and interfaces between adjacent properties; • Ensure the appropriate location and intensity of uses within the site area; and • Conform to State laws and local ordinances and policies in the preparation of the Specific Plan.

The intent of the Specific Plan is to:
• Create a professional, well maintained and attractive environment for the development of a vibrant Mixed-Use development along Edison Avenue and a multi-purpose business park complex. • Provide the entitlement and framework for a total of approximately 290,000 sq. ft. of office retail development and a maximum of 466 residential units.
• Provide the entitlements and framework for the development of approximately 1.39 million sq. ft. of business park uses.
• Provide employment opportunities for the surrounding community. • Facilitate the implementation of roads, utilities, and other infrastructure investments that will be sufficiently sized to serve the Specific Plan area.
• Expand Ontario’s retail, office and business park uses in proximity to local airports and regional transportation networks.
• Create an economic driver for future growth in western portion of Ontario Ranch that acts as a catalyst for the development of infrastructure improvements in the area and implementation the City‘s long term planning vision.
• Provide opportunities for residents to live, work and shop within close proximity. • Provide a logical extension of planned community trails and bike ways. 1807

1.2 Specific Plan Project
This Specific Plan is the regulatory document for the Euclid Mixed-Use site area, accommodating up to 290,131 sq. ft. of commercial retail/office uses, a total of 466 residential units and 1,386,776 sq. ft. of business park uses on approximately 84.1 acres of land. The Specific Plan provides a land use plan identifying allowed uses and zoning, circulation, infrastructure, streetscape, and landscape plans; establishes allowable uses and development standards for reviewing individual projects; presents design guidelines to create a visually attractive environment; summarizes the development review process; and specifies provisions for administration and implementation of the Specific Plan and outlines its consistency with The Ontario Plan.

Location and Specific Plan Boundary
The Specific Plan area is located along the western boundary of the City of Ontario, on the NE corner of Euclid Avenue and Edison Avenue adjacent to the City of Chino (see Figure 1.1). The Specific Plan site area is located within Ontario Ranch (see Figure 1.2). The Specific Plan area is bounded by Schaefer Avenue on the north, Sultana Avenue on the east, Edison Avenue on the south, and Euclid Avenue on the west. The Specific Plan area is currently divided into 16 separate parcels. (see Figure 1.3).

Employment Generation
At build out, the Euclid Mixed-Use is anticipated to create numerous of jobs in retail, food service, small business light manufacturing/assembly, warehousing, logistics, office, and administration. Actual job creation depends on the type of land uses ultimately developed, as a wide range of business park and Mixed-Use development such as office and retail uses are permitted within the Euclid Mixed-Use Specific Plan. Employment opportunities will range from entry level to highly skilled labor and will expand the City of Ontario’s employment opportunities in the region. Euclid Mixed-Use will also provide expanded opportunities for start up businesses.

Infrastructure Framework
The Specific Plan will help establish the necessary framework to enable the continued growth and development of Ontario Ranch in cooperation with adjacent property owners and developers. The Specific Plan identifies master planned water, sewer, and storm drain infrastructure required to serve the Specific Plan site area. The extent of infrastructure to be provided by Euclid Mixed-Use will be established as part of the development agreement.

Community Connectivity and Compatibility
The Specific Plan land use concept includes an internal buffer between potential sensitive Mixed-Use developments and provides an open space corridor extending from Euclid Avenue and planned residential uses located to the east of the site area. The land use concept and development regulations limit the size of buildings to 58,000 s.f. along the frontage of Euclid Avenue to ensure smaller scale buildings that are compatible with future retail and high density residential uses are developed along these sensitive edges.
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1.3 Specific Plan Requirements
The range of issues contained in a specific plan is left to the discretion of the decision-making body.

However, all specific plans must, at a minimum, address the following:
• The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan.
• The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan.
• Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. • A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out the above identified items.

1.4 Authority and Scope
The Ontario Plan requires approval of a Specific Plan as the Zoning for all future development within Ontario Ranch, to ensure coordinated communities and neighborhoods and to implement the City’s goals and policies. This Specific Plan provides zoning regulations to govern development of the project site and shall take precedence over the City of Ontario Development Code. However, in instances where the Specific Plan is silent, the Development Code shall prevail.

The California Government Code (Title 7, Division 1, Chapter 3, Article 8, Sections 65450 through 65457) grants the City the authority to adopt a specific plan by ordinance. The minimum requirements of a specific plan are established by California Government Code Sections 65450 through 65457 and City of Ontario Code Sections 9-1.2100 to 9-1.2125. This Specific Plan is a regulatory document, providing land use and design guidance adopted by ordinance. Development plans, site plans, and tentative tract/parcel maps must be consistent with this Specific Plan and The Ontario Plan. The topics covered in this Specific Plan include land use, infrastructure, development standards, design guidelines, and implementation requirements.

1.5 California Environmental Quality Act Compliance
The Specific Plan is a discretionary project and is subject to the requirements of the California Environmental Quality Act (CEQA). Pursuant to State and local CEQA guidelines, an Environmental Impact Report addressing the impacts associated with the development of the project must be certified by the City prior to approval of the Specific Plan.
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1.6 Organization of this Specific Plan
The Specific Plan is organized by Sections as follows:

1. INTRODUCTION.

This section states the purpose and intent of the Specific Plan, introduces the proposed project, summarizes specific plan requirements, and explains the scope and authority of the Specific Plan and its compliance with CEQA.

2. EXISTING CONDITIONS.

This section explains the baseline conditions for the project site including current and surrounding land uses, airport influence areas, circulation, utilities, and environmental conditions.

3. DEVELOPMENT PLAN.

This section establishes the overall development concept for the Specific Plan including the land use plan, infrastructure plans for water, sewer, utilities, and circulation, and the provision of public services such as fire, police, and solid waste disposal.

4. LAND USE AND DEVELOPMENT STANDARDS.

This section establishes the land use designations and regulations for the Specific Plan. Upon adoption of this Specific Plan, the land use and development standards within this chapter serve as the legal zoning for the Specific Plan area.

5. DESIGN GUIDELINES.

This section identifies the conceptual themes for site planning, architecture, and landscape design in the Specific Plan area.

6. SPECIFIC PLAN IMPLEMENTATION.

This chapter provides requirements for the development review and administration of the Specific Plan including amendment procedures and implementation priorities.

7. CONSISTENCY WITH THE ONTARIO PLAN.

This chapter describes the Specific Plan’s conformance with The Ontario Plan. 1810
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FIGURE 1.3 SPECIFIC PLAN BOUNDARY

SPECIFIC PLAN BOUNDARY
000-00-00 EXISTING ASSESSOR PARCEL NUMBER (APN)
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2. EXISTING CONDITIONS
The following section documents the existing conditions including current development, airport influence areas, Williamson Act contracts, land use and zoning, existing circulation, and environmental conditions.

2.1 Existing Land Uses and Improvements
The Euclid Mixed Use Specific Plan and surrounding areas area are transitioning from agricultural use such as private dairy farms in response to regional market influences attracting urban development. Existing rural roadways and infrastructure is planned to be replaced with ultimate improvements to accommodate future development plans consistent with The Ontario Plan.

2.1.1 On-Site Uses
The project site is generally used for agricultural purposes, including the raising of livestock, dairy farming activities and a commercial nursery. The majority of the site exists as fallow or cultivated fields. There is a private recreational vehicle facility in the south western portion of the site and a scrap yard at the southwestern intersection (Euclid Avenue and Edison Avenue).

Numerous single family residential structure, as well as agricultural related buildings and open structures are located within the Specific Plan area. The buildings on-site are representative of older rural residential and farming buildings with the southern portion of the City of Ontario and characterize the original colonization of the region prior to the incorporation of the City of Ontario.

One or more of the ancillary farming buildings reflect an Art Deco architectural style reflective of early agricultural structures in the area and may represent an important City historical resource.

The documentation and recordation of any significant historic resources will be addressed per the project Environmental Impact Report (EIR).

Two Southern California Edison (SCE) easements extend across the Euclid Mixed Use Specific Plan area. No structures are located within the SCE easements, however, they have been used for various agricultural uses historically. See the following examples:
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2.1.2 Surrounding Uses
Existing uses in the vicinity of the Specific Plan area include similar uses to the uses within the project site. The area to the west, across Euclid Avenue, is within the City of Chino and has been developed with varied commercial and light industrial uses including a service station/convenience store at the northwestern corner of Euclid and Edison Avenue, low intensity commercial office, business park and truck trailer storage uses. Moving northerly, the adjacent development pattern in Chino transitions to a medium density single family neighborhood and a conventional neighborhood shopping center. 1814
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2.2 Existing and Surrounding Development
The Specific Plan area is occupied by rural uses, including a dairy farm and vacant land. Dairy farming and agriculture have been the primary uses of the property since before the 1930s.

Figure 2.1 shows the Specific Plan in context with the surrounding existing uses in the vicinity, which include:
• North across Schaefer Avenue - Existing dairy farm.
• South across Edison Avenue - Existing Trucking Facility. • East across Sultana - Vacant and Existing Trucking Facility. • West across Euclid Avenue (City of Chino) - Existing Commercial and Residential uses, Truck/trailer storage.

The Ontario Plan 2050 designates the surrounding areas in for Commercial, Residential and Mixed-Use development.

The remaining adjacent uses are within the City of Ontario. Ongoing crop farming is located to the north of the site and a vacant property that was a former dairy farm is located to the east of the site.

The property to the south is currently residential, farming or trucking related uses. See photos below:
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CITY OF CHINO

CITY OF

EASTVALE

CITY OF ONTARIO
San Bernardino County
Riverside County
City Boundary
City Boundary
City Boundary

AIRPORT
Project
Site
FUTURE

INDUSTRIAL

RESIDENTIAL
SCHOOL
FUTURE

INDUSTRIAL
DAIRY
FARM
DAIRY

FARM AGRICULTURE

RESIDENTIAL

RESIDENTIAL

AGRICULTURE

AGRICULTURE

RESIDENTIAL

RESIDENTIAL
Euclid Mixed Use Specific Plan - Surrounding Land Uses
FIGURE 2.1 SURROUNDING LAND USES N.T.S.
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2.3 Airport Influence Areas
Ontario International Airport
The Ontario International Airport Land Use Compatibility Plan (ONT ALUCP) was adopted by the Ontario City Council on April 19, 2011. The purpose of a compatibility plan is to avoid conflicts between airport operations and surrounding land uses. The Specific Plan area is not within the safety, noise impact, or airspace protection zones of the ONT ALUCP; however, it is within the Airport Influence Area, as is the entire City of Ontario.

Chino Airport
On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (“CNO”) Overlay Zoning District (“OZD”) and Reference I, Chino Airport Land Use Compatibility Plan (“CNO ALUCP”). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The specific plan is located within the Airport Influence Area of Chino Airport, Overflight Notification Zone and Airspace Protection Zone.

2.4 Williamson Act Contracts
The California Land Conservation Act of 1965, commonly known as the Williamson Act, enables local governments to enter into contracts with private landowners for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive property tax assessments that are much lower than normal based upon farming and open space uses as opposed to full market value. The motivation for the Williamson Act is to promote voluntary land conservation, particularly farmland conservation. There are no active Williamson Act contracts located within the Specific Plan area. 1817

North West View
North East View

PROJECT SITE OVERVIEWS
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South East View
South West View
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Schaefer Avenue and Euclid Avenue
Euclid Avenue and Edison Avenue

SURROUNDING INTERSECTIONS
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Edison Avenue and Sultana Avenue
Sultana Avenue and Schaefer Avenue
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2.5 Ontario Plan 2050 and Zoning Designations
The Ontario Plan 2050 land use designations and current zoning map designations for the Specific Plan area (prior to adoption of the Euclid Mixed-Use Specific Plan) are shown in Figure 2.2.

The Ontario Plan 2050 land use designations are:

BUSINESS PARK (0.60 FAR) APN:
1053-071-01,
1053-071-02,
1053-071-03,
1053-071-04,
1053-081-01,
1053-081-02,
1053-081-03,
1053-081-04,
1053-211-01,
1053-211-02 and
1053-211-05.

MIXED-USE APN:
1053-281-01,
1053-281-02,
1053-281-03,
1053-281-04,
1053-281-05,
1053-281-07 and
1053-281-08.

The existing zoning designation is SP (Specific Plan) Zoning District. The SP District designation requires approval of a specific plan by the City for urban development of the project site. The Euclid Mixed-Use Specific Plan will be the zoning for the project site, consistent with The Ontario Plan 2050. 1822
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FIGURE 2.2 EXISTING LAND USE AND ZONING
1053-071-04
1053-281-07
1053-281-04
1053-281-03 1053-281-02
1053-281-01
1053-281-08
1053-211-05
1053-211-01
1053-211-02
1053-071-03
1053-071-02
1053-071-01
1053-081-01
1053-081-03
1053-081-04

EDISON AVE

SCHAEFER AVE

EUCLID AVE

SULTANA AVE

SPECIFIC PLAN BOUNDARY

EXISTING ASSESSOR PARCEL NUMBER (APN)

LOW DENSITY RESIDENTIAL (LDR)

LOW MEDIUM DENSITY RESIDENTIAL (LMDR)

MEDIUM DENSITY RESIDENTIAL (MDR)

COMMERCIAL

BUSINESS PARK

MIXED-USE

OPEN SPACE-NON RESIDENTIAL (OS-NR)
000-00-00
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2.6 Existing Circulation
The Specific Plan area is located approximately two and one half (2 ½) miles south of State Route 60 via State Route 83 (Euclid Avenue), which is located on the western boundary of the Specific Plan area, as shown in Figure 2.3.

Vehicular circulation in the Specific Plan area is provided by Schaefer Avenue on the north, Edison Avenue on the south, Sultana Avenue on the east and Euclid Avenue on the west.

Existing improvements for Euclid Avenue include interim pavement and an unimproved dirt center median. Euclid Avenue has a fully dedicated right-of-way as specified in The Ontario Plan 2050.

Schaefer Avenue and Edison Avenue are paved in an interim condition, requiring ultimate right-of-way dedication and major street and parkway improvements.

On the eastern boundary of the Specific Plan area, Sultana Avenue is a fully dedicated yet unimproved street that exists only on paper, which will require major street and parkway improvements.

Traffic signals are located along Euclid Avenue at the Edison Avenue and Schaefer Avenue intersections.

Access to the site is currently provided via multiple private driveway entrances located on Euclid Avenue, Edison Avenue and Schaefer Avenue.
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GROVE AVE

CUCAMONGA AVE

PARCO AVE

WALKER AVE

VINEYARD AVE

CUCAMONGA CHANNEL

CARPENTER AVE

ARCHIBALD AVE

BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

SCHAEFER AVE
EMUSP
SITE
AVE
AVE

CUCAMONGA CHANNEL
Ontario Ranch
City of Ontario
Other Principal Arterial
Minor Arterial
Collector Street
Local Street
Local Industrial Street
Euclid Mixed Use Specific Plan Area
LEGEND
FIGURE 2.3 REGIONAL CIRCULATION
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2.7 Existing Environmental Conditions
Topography
The overall project site is moderately flat, sloping from north to south with approximately a 25 ft. change in elevation.

Geology, Soils, and Seismicity
The Phase I environmental site assessment (ESA) included boring to depths of 10 to 30± ft. and trenching to depths of 4 to 12± ft.. Soils encountered through boring and trenching consist of highly organic soils to depths of 1 to 1½± ft.. The near surface soils possess low to medium expansion potentials. Groundwater was not encountered in any of the soil borings conducted as part of the assessment.

The near surface soils are considered corrosive to ferrous metals, including ductile iron pipe.

Additionally, the near surface soils encountered at a boring located in the cattle pen area possessed chloride concentrations that can be deleterious to steel in reinforced concrete. A methane gas survey determined on-site levels are below the threshold.

A geotechnical feasibility study on the Specific Plan site indicated that the proposed development is considered feasible from a geotechnical standpoint. The subject site is located in an area that is subject to strong ground motions due to earthquakes. Research of available maps indicates that the Plan area is not located within an Alquist-Priolo Earthquake Fault Zone. Furthermore, a geotechnical feasibility study did not identify any evidence of faulting during the geotechnical investigation. Therefore, the possibility of significant fault rupture on the site is considered low.

The potential for other geologic hazards such as seismically induced settlement, lateral spreading, tsunamis, inundation, flooding, and subsidence affecting the site is considered low. Research of the San Bernardino County Land Use Services website indicates that the subject site is not located within a zone of liquefaction susceptibility. Based on the mapping performed by San Bernardino County and the conditions encountered at the boring locations, liquefaction is not considered to be a design concern for development within the Specific Plan area.

Each proposed development within the Specific Plan area will be required to have a project specific geotechnical investigation.
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Hydrology
Storm runoff from the project site generally drains from north to south. There are two detention areas onsite, one located in the center of the site and the other at the southwestern portion of the site to the north of the rural residential lots along Euclid Avenue near the NEC of Euclid Avenue and Edison Avenue.

The southerly portion of the Specific Plan area surface drains southerly and surface flows on a southwesterly direction to the NEC of Euclid Avenue and Edison Avenue and is dispersed across the street to the south.

According to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps, the project site is not located within a flood hazard zone.

Each proposed development within the Specific Plan area will be required to have a project specific hydraulics and hydrology report.

Biological Resources
The Specific Plan area is generally defined as being of low biological resource value due to highly disturbed site conditions and historic dairy/agricultural use, resulting in low biological diversity. There is limited vegetation on the majority of the site; the vegetation that exists includes ornamental and shade trees associated with the rural residential homes and generally consists of scattered native and non-native shrubs and non-native grasses and weeds.
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3. DEVELOPMENT PLAN
This Section provides the framework to guide development of the Euclid Mixed-Use Specific Plan.

The Section presents the proposed planning areas, infrastructure plans, and public services to support the project.

3.1 Land Use Plan
The Specific Plan consists of three (3) Land Use Designations divided into five (5) Planning Areas to accommodate the development of a mix of land uses including retail commercial, general commercial/office, business parks, low intensity office/warehouse, technology and incubator space, light manufacturing/distribution uses, high density residential uses and open space areas that are compatible with the site’s location and surrounding existing and proposed land uses. The Land Use Plan implements the vision and goals of the Ontario Plan by providing opportunities for employment in a variety of commercial and business industries designed to meet the demand of current and future market conditions. A list of allowable uses by Planning Area is presented in Section 4 (Development Criteria and Standards).

Table 3.1 provides the maximum development intensity (allowable gross building area and maximum residential development for each Planning Area based on the allowable floor area ratio or residential density respectively. Development standards (found in Section 4), such as setback requirements, parking, open space, minimum landscaping, infrastructure, and site design, may reduce the maximum gross square footage or density.

Figure 3.1 (Land Use Plan) identifies the location of the Planning Areas. Each Land Use Designation is described below:

BP (BUSINESS PARK) ZONING DISTRICT:

The Business Park District accommodates business park and related commercial, low intensity office uses, and certain light industrial uses. Development within this district is typically multi-tenant in nature; however, single-tenant buildings are not precluded.

Development within the Business Park District will be set back from Euclid Avenue, separated by a 50 ft. landscaped Neighborhood Edge with an 8 ft. wide multi-purpose trail. Smaller scale buildings will face Euclid Avenue and will be designed to create an attractive frontage that reflects a commercial/office character within the allowable building heights. Parking and vehicle storage areas will be sited behind buildings or will be heavily screened from perimeter street views. 1829

1 4
2A
5 3B

24.60 AC

6.28 AC

5.73 AC

20.66 AC

13.80 AC

EDISON AVE

SCHAEFER AVE

EUCLID AVE

SULTANA AVE
3A

5.23 AC
2B

7.80 AC
1 4
2A
5 3B

24.60 AC

6.28 AC

5.73 AC

20.66 AC

13.80 AC

EDISON AVE

SCHAEFER AVE

EUCLID AVE

SULTANA AVE
3A

5.23 AC
2B

7.80 AC

LAND USE PLAN

EUCLID MIXED USE SPECIFIC PLAN
FIGURE 3.1 LAND USE PLAN
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PA TOP USE ACRES

ALLOWABLE

DENSITY

ALLOWABLE
FAR

MAXIMUM
UNITS

MIXED USE

OPTIONS
1 Business Park 24.60 N/A 0.6 N/A 642,946 N/A
2A Business Park 20.66 N/A 0.6 N/A 539,970 N/A
2B Business Park 7.80 N/A 0.6 N/A 203,861 N/A
TOTAL BUSINESS PARK 53.06 1,386,776
3 Mixed Use * 1.90 N/A 1.5 N/A 124,146 OFFICE
3 Mixed Use * 3.81 N/A 1.0 N/A 165,964 ** RETAIL
3 Mixed Use * 13.32 35 N/A N/A N/A RESIDENTIAL
TOTAL MIXED USE* 19.03 466 290,110
4 OS-NR 6.28 N/A N/A N/A N/A N/A
5 OS-NR 5.73 N/A N/A N/A N/A N/A
TOTAL OPEN SPACE 12.01

84.1 466 1,676,886

EUCLID MIXED USE SPECIFIC PLAN

LAND USE DEVELOPMENT TABLE
* PA 3 Totals allow a combination of Office, Retail and High Density Residential Development.

For Traffic Calculations, Mixed Uses are assumed to be 10% Office, 20% Retail and 70% Residential.

Assume a maximum of 124,146 s.f. OFFICE, 165,964 s.f. RETAIL and 466 D.U. ** SP proposes a minimum of 20,000 s.f. of RETAIL within PA 3.

Maximum density allowed may exceed 35 du/ac on any parcel as long as a maximum of 466 du is not exceeded within the Specific Plan area.

TOTAL

MAXIMUM
SQ. FT.

TABLE 3.1 DEVELOPMENT TABLE
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MU (MIXED-USE) ZONING DISTRICT:

The MU zoning district accommodates a wide variety of retail commercial, office and high density residential development in conformance with The Ontario Plan 2050. It is anticipated that the Mixed-Use development will be comprised of 10% Office, 20% Retail and 70% Residential.

The southern portion of the site, comprised of approximately 20 acres along the north side of Edison Avenue, is zoned for Mixed Use development. This area is part of a much larger mixed use area identified in The Ontario Plan 2050 as the Great Park Mixed Use Area. Approximately 170 additional contiguous acres is located south of Edison Avenue. This Mixed Use Area is intended to encourage commercial/retail, office, and higher density residential development opportunities to serve the western portion of the Ontario Ranch and to provide a west anchor to the City of Ontario Great Park.

OS-NR (OPEN SPACE/NON-RECREATIONAL) ZONING DISTRICT:

The OS-NR zoning district defines the utility corridors (Southern California Edison) easement areas within the City. This zoning district allows low intensity uses such as vehicle and truck storage, nursery and limited agricultural uses, parking, etc. subject to written approval from Southern California Edison.

This “District” encompasses the utility easement corridors within the Euclid Mixed Use Specific Plan boundary. These areas are designated for non-recreational uses. While no buildings are proposed within this district, it is suitable for uses such as landscape plant nurseries, recreational vehicle and truck/trailer storage and other uses allowed by the City zoning.

3.2 Circulation Plan
The Circulation Plan facilitates movement of vehicles, pedestrians and cyclists around and within the Specific Plan area, consistent with the City of Ontario Roadway Classification System, shown in Figure 3.2.

Figures 3.4 to 3.7 present typical street cross sections for Euclid Avenue, Schaefer Avenue, Sultana Avenue, and Edison Avenue. Conceptual streetscape design is presented in Section 5 (Design Guidelines).

Roadway, sidewalk, and trail improvements within the Specific Plan area must be approved by the City’s Engineering Department.
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3.2.1 Local Circulation
Final site planning and off-site design shall be subject to City approval. In addition to the typical street section described and depicted, additional right-of-way and geometric enhancements such as an additional left turn and right turn lanes, including but not limited to those at intersections, may be required to adequately mitigate impacts identified in the Traffic Impact Analysis/Specific Plan EIR.

Driveways shall conform to access requirements of the Traffic and Transportation Design Guidelines.

Driveway locations, specifically those that are in proximity to master planned or future traffic signals, shall be located so as not to interfere with traffic stacking and queues as projected in the The Ontario Plan 2050 SEIR Traffic Impact Analysis. Fair share responsibilities for street improvements will be addressed in a Development Agreement with the City.

3.2.2 Traffic Control Devices
All traffic signs regulating, warning, and/or guiding traffic on public roads will conform to the California Manual on Uniform Traffic Control Devices (MUTCD), latest edition. All traffic control signs, whether on public or private property, shall conform to the California MUTCD.

Additional traffic signals may be required based on locations of future access points and as identified in the Traffic Impact Analysis/Specific Plan EIR.
1833

FIGURE 3.2 CITY OF ONTARIO ROAD CLASSIFICATION SYSTEM GROVE AVE CUCAMONGA AVE PARCO AVE WALKER AVE VINEYARD AVE HELLMAN AVE CUCAMONGA CHANNEL CARPENTER AVE ARCHIBALD AVE BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

EDISON AVE

EUCALYPTUS AVE
EMUSP
SITE

CUCAMONGA CHANNEL
Other Principal Arterial:
8 Lanes
6 Lanes
4 Lanes
Minor Arterial:
6 Lanes
4 Lanes
Collector Street:
4 Lanes
2 Lanes
Local Street
Local Industrial Street
LEGEND
8 Lanes
6 Lanes
4 Lanes
6 Lanes
4 Lanes
4 Lanes
2 Lanes
1834
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MIXED
USE
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SPECIFIC
PLAN

DEVELOPMENT PLAN

SULTANA AVE

EUCLID AVE

EDISON AVE

SCHAEFER AVE
EMUSP
SITE
Other Principal Arterial:
8 Lanes
Collector Street:
4 Lanes
Local Industrial
Street
Master Planned Traffic Signal
Proposed Traffic Signal
Potential Access Points:

Full Access
Right-In/Right-Out Access
LEGEND
8 Lanes
4 Lanes
FIGURE 3.3 CIRCULATION PLAN
1835

3.2.3 Euclid Avenue (Route 83)
Euclid Avenue is a State Route under Caltrans’ jurisdiction that is designated as an eight lane Other Principal Arterial in The Ontario Plan 2050. The centerline of this street forms the boundary between the City of Ontario to the east and the City of Chino to the west. Euclid Avenue is designed with a 200 ft. wide right-of- way, a 66 ft. wide center median, and 52 ft. of pavement including curbs and gutter. The existing half-width street right-of-way is 100 ft.; therefore, no dedication is required.

The Euclid Avenue streetscape design illustrated in Section 5, Design Guidelines, for the east side of the street adjacent to the project site specifies a 15 ft. wide parkway including a 5 ft. wide sidewalk and an 8 ft. wide on-site multipurpose trail within a 35 ft. wide landscape buffer, creating a 50 ft. wide neighborhood edge as specified in the Ontario Ranch Colony Streetscape Master Plan.

FIGURE 3.4 EUCLID AVENUE STREET SECTION
1836
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3.2.4 Edison Avenue
Edison Avenue is located along the southern boundary of the Specific Plan area, providing east/west access to the site. Edison Avenue is designated as a Other Principal Arterial Street in The Ontario Plan 2050. The Specific Plan specifies an 160 ft. wide right-of-way with a 26 ft. landscaped median and a 52 ft. paved section on each side.

The Edison Avenue streetscape design presented in Section 5, Design Guidelines, for the north side of the street adjacent to the project site specifies a 15 ft. wide parkway including a 10 ft. wide curb-adjacent landscaped area and a 5 ft. wide sidewalk. The south side also provides an 8 ft. wide on-site multipurpose trail within a 23 ft. wide landscape buffer setback. Together, the parkway and landscape buffer setback create a 38 ft. wide neighborhood edge, per in the City’s Master Plan of Streets.

FIGURE 3.5 EDISON AVENUE STREET SECTION
1837

FIGURE 3.6 SCHAEFER AVENUE STREET SECTION

3.2.5 Schaefer Avenue
Schaefer Avenue is designated as a four lane Collector Street per the City’s Master Plan of Streets and provides east-west access to the project’s northern boundary. The Specific Plan specifies an 108 ft. wide right-of-way and 84 ft. of pavement including curb and gutter for Schaefer Avenue.

The Schaefer Avenue streetscape design presented in Section 5, Design Guidelines, for the south side of the street adjacent to the project site includes a Class II on-street bike lane at the edge of the street, a 7 ft. wide curb-adjacent landscaped area, and a 5 ft. wide sidewalk. Together, these improvements establish a 35 ft. wide neighborhood edge, per in the City’s Master Plan of Streets. 1838
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3.2.6 Sultana Avenue
Sultana Avenue is designated as a local industrial street with a 66 ft. wide right-of-way and 48 ft. of pavement including curb and gutter. The Sultana Avenue streetscape presented in Section 5, Design Guidelines, specifies a 9 ft. wide parkway including a 4 ft. landscape and a 5 ft. wide sidewalk. The west side of the street adjacent to the project site provides a 10 ft. wide landscape buffer setback.

Sultana Avenue is not yet developed adjacent to the Specific Plan area. However, the right-of-way exists, and no dedication is required.

FIGURE 3.7 SULTANA AVENUE STREET SECTION
1839

3.2.7 Pedestrian Circulation
To improve safety and the pedestrian experience, connect the various parts of the Specific Plan area, and expand access to nearby land uses, sidewalks will be provided along all streets abutting the Specific Plan area.

3.2.8 Trails and Bicyle Paths
The Ontario Plan Mobility Element specifies a Class II bicycle lane on the north side of Schaefer Avenue adjacent to the Specific Plan area. Class II bicycle lanes are defined as dedicated (striped) lanes along streets, with no parking allowed in the bicycle lane. This bicycle lane provides linkages to the City’s bicycle path system (Figure 3.8).

GROVE AVE

CUCAMONGA AVE

PARCO AVE

WALKER AVE

VINEYARD AVE

HELLMAN AVE

CUCAMONGA CHANNEL

CARPENTER AVE

ARCHIBALD AVE

BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

EDISON AVE
EMUSP
SITE

EDISON AVE

CUCAMONGA CHANNEL

MERRILL AVE
Multipurpose Trail
Class I Bicycle Lane
Class II Bicycle Lane
SCE Trail
Euclid Mixed Use Specific Plan Area
LEGEND
FIGURE 3.8 CITY OF ONTARIO TRAIL AND BICYCLE PATHS PLAN 1840
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MIXED
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DEVELOPMENT PLAN
Trails and bicycle paths will provide an additional mode of circulation in and around the Specific Plan area. Multipurpose trails will be provided on the east side of Euclid Avenue, on the south side of Schaefer Avenue and on the south side of Edison Avenue (Figure 3.9).

The trail and bicycle path improvements will be installed along the project frontages in conjunction with street improvements.

3.2.9 Transit
Transit options provide an alternative mode of transportation for motorists and a primary mode for the transit dependent. The City is coordinating with regional transit agencies to implement Bus Rapid Transit (BRT) service to target destinations and along corridors, including Euclid Avenue on the western boundary of the Specific Plan area.

SULTANA AVE

EUCLID AVE

EDISON AVE

SCHAEFER AVE
EMUSP
SITE
Sidewalk
Class II Bicycle Lane
Multipurpose Trail
Bus Rapid Transit (BRT) Corridors
Euclid Mixed Use Specific Plan
LEGEND
FIGURE 3.9 BICYCLE AND PEDESTRIAN PLAN
1841

3.3 Potable Water Plan
The City’s ultimate domestic water system will consist of five pressure zones. Most of Ontario Ranch (including the Specific Plan area) is in the 925 Pressure Zone. The overall water infrastructure plan to serve the City of Ontario as well as the required water infrastructure required to be constructed to serve the Euclid Mixed-Use Specific Plan area is shown on Figure 3.10. The developer of the Euclid Mixed-Use Specific Plan will be responsible to provide the required water lines to connect to the existing improvements constructed by the Ontario Ranch Business Park development to the south of the site. 925 Pressure Zone (PZ) Phase 2 Potable Water System facilities will need to be constructed, by others, to serve the Project. These facilities include installing a 42-inch potable water main in Grove Avenue connecting from the 30-inch to the 42-inch potable water main in Grove Avenue at Chino Ave; installing a 42-inch potable main in Chino Avenue connecting from the 42-inch potable water main in Campus Avenue and extending to Francis Street; and, installing a 42-inch potable water main in Bon View Avenue connecting from the 42-inch potable water main in Francis Street and extending to the Bon View Avenue Reservoir site and to the Reservoir; and, installing a 9 million gallon reservoir on the Bon View Reservoir site; and, installing two 2,500 gpm wells with any treatment necessary to meet water quality standards and the 16-inch to 42-inch well collection mains from the wells to the reservoirs. The EUCLID MIXED-USE Project will be required to participate in the future Phase 2 Water System Improvements as detailed in the development agreement with the City.

In addition to extending the 925 Pressure Zone (PZ) Phase 2 West Backbone, described above, the Specific Plan area requires a connection between the 925 Pressure Zone (PZ) Phase 2 West Backbone and the 1010 Pressure Zone (PZ). This will supply a second source of potable water to the Specific Plan area. The connection to the 1010 Pressure Zone (PZ) will require extending the Phase 2 West Backbone at Eucalyptus Avenue and Grove Avenue by installing a 30-inch potable water main north on Grove Avenue to Chino Avenue. The connection to the 1010 Pressure Zone will require installing an 18-inch potable water main in Chino Avenue easterly to the existing 18-inch potable water main located on the west side of the Cucamonga Creek channel and installing a Pressure Reducing Station between the 1010 PZ and 925 PZ near the intersection of Grove Avenue and Chino Avenue.

Other elements of the Phase 2 Water System are shown on Figure 3.10. The elements shown north of Chino Avenue will be constructed by others. The balance of Phase 2 Water System will be completed as required by future development of Ontario Ranch. The Project will be required to participate in the future Phase 2 Water System improvements, as detailed in the developmentt agreement with the City.

Water service to the Specific Plan area will be provided by the City of Ontario. Currently there are no City domestic water mains or City water infrastructure in the vicinity of the Specific Plan area. The extension of City master planned domestic water infrastructure is being developed within the western portion of Ontario Ranch. The Euclid Mixed-Use Specific Plan is responsible to provide domestic water service to serve future development and will construct a 16-inch line in Euclid Avenue and Schaefer Avenue, and a 12-inch line along the remaining perimeter of the Specific Plan in Sultana Avenue and Edison Avenue. The Specific Plan will extend the 16-inch line in Schaefer Avenue to connect to the future line at Grove Avenue and the 16-inch line in Euclid Avenue south to connect to the future line in Eucalyptus Avenue. 1842
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Water mains required to serve the project will need to be constructed prior to or concurrent with on-site water improvements. Within the project site, a private network of 2-inch to 4-inch water lines for domestic water service and 10-inch to 12-inch water lines for fire service water will be installed. The on-site water system includes connections to the water main in Edison Avenue, Euclid Avenue, Schaefer Avenue and Sultana Avenue.
1843

GROVE AVE

CUCAMONGA AVE

PARCO AVE

WALKER AVE

VINEYARD AVE

CARPENTER AVE

ARCHIBALD AVE

BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

EUCALYPTUS AVE

SCHAEFER AVE

CHINO AVE

BON VIEW AVE

CAMPUS AVE
EMUSP
SITE

CAMPUS AVE
EMUSP
SITE
12”
30-42”
12”
30-42” 30-42”
42”
12”
18”
12”
12”
12”
12” 12”
16”
12”
16”
12”
42”
42”
16” 12”
16” 12” 12”
16” 16” 16” 16”
12”
12”
12”
12”
12”
12” 12”
24” 24”
12” 12” 12”
24” 24” 24”
24” 16” 16”
16” 16” 12”
16” 16”
12”
42”
16” 18” 18” 18”
12” 18” 18” 18” 18”
12” 12”
12” 12” 12” 12”
16” 16” 12”
12”
12” 12”
Improvements by EMUSP Site
Improvements by EMUSP Site
1010 Zone CIP
Ontario Ranch Master Plan Improvements
(Ontario Ranch Business Park Specific Plan is not responsible for all 925 PZ Infrastructure shown in this line type and color)
1010 Pressure Zone
925 Pressure Zone
Recommended Emergency Connection
Recommended Altitude Valve/PRS
Euclid Mixed Use Specific Plan
Existing Water System
LEGEND
FIGURE 3.10 CITY OF ONTARIO ULTIMATE WATER SYSTEM
1844
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EUCLID
MIXED
USE
3-17

SPECIFIC
PLAN

DEVELOPMENT PLAN

SULTANA AVE

EUCLID AVE

EDISON AVE
EXTEND 16” LINE TO EUCALYPTUS AVENUE
EXTEND 16” LINE

TO GROVE AVENUE

SCHAEFER AVE
EMUSP
SITE

SULTANA AVE

EDISON AVE EDISON
EXTEND 16” LINE

TO GROVE AVENUE
16”

SCHAEFER AVE
16” 16”
16”
12”
12”
12”
Improvements by EMUSP Site
1010 Zone CIP
Ontario Ranch Master Plan Improvements
Euclid Mixed Use Specific Plan
LEGEND
FIGURE 3.11 SPECIFIC PLAN DOMESTIC WATER PLAN
1845

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1846
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3.4 Recycled Water Plan
Recycled Water is provided to the City of Ontario by the IEUA from its four wastewater reclamation plants. The entire Specific Plan area is within the City’s master planned 930 Pressure Zone. Recycled water infrastructure improvements requiring the planning, design, and construction of new 930 Pressure Zone (PZ) Recycled Water Master Plan main lines area will be required. Refer to Figure 3.12.

The City requires all new development in Ontario Ranch to connect to and use recycled water for all approved uses, including but not limited to landscape irrigation. Currently there are no City owned recycled water mains or City recycled water infrastructure in the vicinity of the Specific Plan area. There is an existing 30 inch Inland Empire Utility Agency (IEUA) recycled water main in Eucalyptus Avenue south of the Specific Plan area. The Euclid Mixed-Use Specific Plan is responsible to provide recycled water service to serve future development and will construct a 12” line in Euclid Avenue and a 8” line in Schaefer Avenue, Sultana Avenue and Edison Avenue. The Specific Plan will extend the 12” line in Euclid Avenue south to connect to the existing line in Eucalyptus Avenue.

An 8” line may be required in Sultana Ave to provide service to parcels that only front on Sultana Ave. 1847

GROVE AVE

CUCAMONGA AVE

PARCO AVE

WALKER AVE

VINEYARD AVE

CARPENTER AVE

ARCHIBALD AVE

BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

EDISON AVE

EUCALYPTUS AVE

SCHAEFER AVE

CHINO AVE

RIVERSIDE DRIVE
EMUSP
SITE
USP
T
8 in
8 in
8 in
8 in
8 in
8 in
12 in
20 in
8 in
8 in
8 in
8 in
16 in
8 in
8 in
20 in
12 in
8 in
12 in24 in
12 in
8 in 8 in
8 in
8 in
12 in
12 in
12 in
30 in
8 in8 in
30 in 48 in 48 in 48 in
54 in
60 in
30 in 30 in 30 in
30 in 30 in
54 in
30 in
20 in 20 in 24 in 20 in
16 in 16 in
8 in 8 in 8 in 8 in 8 in
8 in
8 in
8 in
8 in 8 in 12 in 12 in 12 in 12 in
8 inch
Alternative B
Alternative A
12 in 12 in
12 in 12 in 8 in 12 in
16 in 16 in
8 in 8 in 8 in 12 in 12 in 12 in 12 in
24 in 24 in 30 in 36 in
12 in
12 in
8 in
12 in
8 in
Alternative Recycled Water Improvements Required by EMUSP (At least 1 of the 2 Alternatives is required)
Improvement by EMUSP Site
Improvement by Ontario Ranch Business Park
May be required if: east half of street is required, or to provide individual meters to future Specific Plan development parcels that only front on Sultana Ave 1050 Zone CIP
Existing IEUA Pipeline
Pressure Reducing Station
Pressure Reducing Station
Euclid Mixed Use Specific Plan
LEGEND
FIGURE 3.12 CITY OF ONTARIO ULTIMATE RECYCLED WATER SYSTEM 1848
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SPECIFIC
PLAN

DEVELOPMENT PLAN

SULTANA AVE

EUCLID AVE

EDISON AVE

SCHAEFER AVE
EMUSP
SITE
EXTEND 12” LINE

TO EUCALYPTUS AVENUE
Alternative B
Alternative A
8 in 8 in
8 in 8 in 8 in
12 in
12 in
Alternative Recycled Water Improvements Required by EMUSP (At least 1 of the 2 Alternatives is required)
Improvement by EMUSP Site
Improvement by Ontario Ranch Business Park
May be required if: east half of street is required, or to provide individual meters to future Specific Plan development parcels that only front on Sultana Ave
Euclid Mixed Use Specific Plan
LEGEND
FIGURE 3.13 SPECIFIC PLAN RECYCLED WATER PLAN
1849

3.5 Sewer Plan
Regional wastewater treatment services are provided to the City of Ontario by the Inland Empire Utilities Agency (IEUA). Several regional trunk sewers collect sewage generated in the City and transport it to IEUA’s Regional Plant No.1 and Regional Plant No.5 for treatment. Sewer Main Sizes to be determined by final design requirements and criteria.

There are no sewer mains located in Euclid Avenue or the other streets adjacent to the Specific Plan area. The extension of City master planned sewer infrastructure is being developed within the western portion of Ontario Ranch. The City’s master planned sewer system has been constructed in Euclid Avenue at Eucalyptus Avenue and along Eucalyptus Avenue between Euclid and Sultana Avenues.

The Euclid Mixed-Use Specific Plan is responsible to provide sewer service to serve future development and will construct a 16” line approximately 2,650 ft. along the entire frontage of the project in Euclid and extend an 18” main line along the Euclid Avenue to the south to connect to the Kimball Interceptor Sewer.

The Specific Plan will construct an 8” line along approximately 1,320 ft. of the eastern boundary of the Specific Plan in Sultana Avenue to Edison Avenue and extend an 8” line in Edison Avenue to connect to the 18” main line in Euclid Avenue.

Actual sewer pipe size will be determined during final design by hydraulic calculations through a Sewer Study or Sewer Sub-Area Master Plan (SSAMP). Refer to Figure 3.15. 1850
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GROVE AVE

CUCAMONGA AVE

PARCO AVE

WALKER AVE

VINEYARD AVE

BAKER AVE

CARPENTER AVE

ARCHIBALD AVE

CUCAMONGA CREEK CHANNEL

HELLMAN AVE

BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

REMINGTON AVE

KIMBALL AVE

EDISON AVE

EUCALYPTUS AVE

SCHAEFER AVE

CHINO AVE

RIVERSIDE DR
[3000]
[3400]
[3800]
[4200]
[4600]
[5000]
[5800]
[0100]
[0300]
[0500]
[0700]
[0900]
[1100]
[1300]
[1500]
[1900]
[2100]
[2300]
[2400]
[2700]
[1700]
[5400]
Trunk Sewer in Master Plan streets
Western Trunk Sewer (WTS)
Secondary Sewers and Potential Secondary Sewers
Tributary and Sub-tributary areas
Eastern Trunk Sewer (ETS)
Existing IEUA Kimball Interceptor Sewer (KIS)
LEGEND
FIGURE 3.14 CITY OF ONTARIO OVERALL SEWER PLAN
1851

GROVE AVE

CUCAMONGA AVE

PARCO AVE

WALKER AVE

VINEYARD AVE

CARPENTER AVE

ARCHIBALD AVE

BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

KIMBALL AVE

EDISON AVE

EUCALYPTUS AVE

SCHAEFER AVE

CHINO AVE
RIVERSIDE DRIVE CONNECTS TO EXISTING IEUA KIMBALL INTERCEPTOR SEWER (KIS) 36” 21” 18” 8”
15”
Improvements by EMUSP Site
Future Sewer Upstream
Tributary Area Boundary
Flow Directions
Existing IEUA Kimball Interceptor Sewer (KIS)
Euclid Mixed Use Specific Plan
Sewer Pipe Size
LEGEND
XX”
EMUSP
SITE
FIGURE 3.15 CITY OF ONTARIO ULTIMATE SEWER SYSTEM
1852
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SPECIFIC
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DEVELOPMENT PLAN

SULTANA AVE

EUCLID AVE

EDISON AVE

SCHAEFER AVE
EMUSP
SITE

CONNECTS TO EXISTING IEUA

KIMBALL INTERCEPTOR SEWER (KIS)
18” 16”
8”
Improvements by EMUSP Site
Future Sewer Upstream
Tributary Area Boundary
Flow Directions
Euclid Mixed Use Specific Plan
Sewer Pipe Size
LEGEND
XX”
FIGURE 3.16 SPECIFIC PLAN SEWER PLAN
1853

3.6 Conceptual Grading Plan
Site topography is moderately flat, sloping from the north to the south. There is an approximately 25 ft. elevation change across the Specific Plan area.

The grading activities for the Specific Plan area will generally consist of clearing and grubbing, demolition of existing structures, and moving surface soils to construct building pads, driveways and streets.

A Conceptual Grading Plan will be prepared in conjunction with future subdivision mapping and approvals.

The grading plan will provide a balance of cut and fill for the Specific Plan area. Grading plans for each development project within the Specific Plan area will be reviewed and approved by the City of Ontario prior to the issuance of grading permits. Grading plans and activities will conform to the City’s grading ordinance and dust and erosion control requirements.

All landscaped areas within the Specific Plan area shall be designed to accept runoff water from impervious surfaces. Landscape slopes shall not be greater than 3:1 on all perimeter slopes, including within neighborhood edge areas and slopes over 5 ft. in height. 1854
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FIGURE 3.17 SPECIFIC PLAN CONCEPTUAL GRADING PLAN
EMUSP
SITE
min 2% grade
min 2% grade min 2% grade

EUCLID AVE

SULTANA AVE

EDISON AVE

SCHAEFER AVE
Direction of grade
LEGEND
1855

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1856
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3.7 Dry Utilities Plan
Utility services provided to the site will be installed underground in accordance with City of Ontario guidelines.

3.7.1 Communication System
Developments in Ontario Ranch are required to install and provide fiber conduit to all improved lots.

Proposed on-site facilities will be placed underground within a duct and structure system that will be installed by the developer. Pursuant to the City of Ontario 2013 Fiber Optic Master Plan, the fiber optic network will be owned and operated by the City of Ontario and as such maintenance of the installed system will be the responsibility of the City and/or Special District fiber optic entity and not the developer. According to the City’s Fiber Optic Master Plan, the proposed fiber optic infrastructure, including approximately 23 miles of backbone fiber south of Riverside Drive, is an investment into a long term capital asset using newly constructed and existing conduit to provide high speed communication links to key locations throughout the City. The Specific Plan area will be connected to the City’s system as shown on Figure 3.18.

3.7.2 Natural Gas
The Gas Company will provide natural gas to the Specific Plan area. Gas mains will be installed to the individual development projects by the Gas Company, as necessary.

3.7.3 Electricity
Southern California Edison will provide electricity to the Specific Plan area from existing facilities in the vicinity. All new lines within the Specific Plan area shall be installed according to City of Ontario requirements.

Undergrounding of existing overhead power lines will be subject to Section 7-7 of the Ontario Municipal Code. Existing power poles along Edison Avenue will need to be relocated. The existing location is within the ultimate roadway.
1857

GROVE AVE

CUCAMONGA AVE

PARCO AVE

WALKER AVE

VINEYARD AVE

CARPENTER AVE

ARCHIBALD AVE

BON VIEW AVE

SULTANA AVE

CAMPUS AVE

EUCLID AVE

MERRILL AVE

EDISON AVE

EUCALYPTUS AVE

SCHAEFER AVE

CHINO AVE

RIVERSIDE DRIVE
EMUSP
SITE
USP
T
LEGEND
FIBER SIZE:

(2) 432
432
288
144
96 72
36 12
Euclid Mixed Use Specific Plan
FIGURE 3.18 CITY OF ONTARIO ULTIMATE FIBER OPTICAL SYSTEM 1858
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FIGURE 3.19 SPECIFIC PLAN FIBER OPTICAL PLAN SULTANA AVE

EUCLID AVE

EDISON AVE

SCHAEFER AVE
EMUSP
SITE
LEGEND
FIBER SIZE:

432
288
72 Fiber Optical Lines to be installed
by Euclid Mixed-Use Specific Plan
Euclid Mixed Use Specific Plan
1859

3.8 Storm Drain Plan
Storm Drain systems to serve the Specific Plan area will be installed according to the City of Ontario Storm Drain Master Plan. As of the establishment of the Specific Plan, there are no City domestic storm drain trunk lines in the vicinity of the Specific Plan area. The extension of City master planned storm drain infrastructure is being developed within the western portion of Ontario Ranch. The Euclid Mixed-Use Specific Plan is responsible to provide storm drain to serve future development and will construct a 90” line in Euclid along the western perimeter of the Specific Plan, a 48” to 90” line in Schaefer Avenue along the northern perimeter of the Specific Plan and a 78’ to 96” in Edison Avenue along the southern perimeter of the Specific Plan. The Specific Plan will construct a 102” trunk line in Euclid Avenue south to connect to the existing 108” line at Euclid Avenue and Eucalyptus Avenue.

Catch basins located throughout the site will collect runoff. On-site storm drain systems serving the Specific Plan will connect to the master planned system in Euclid Avenue to serve the Specific Plan development. The Specific Plan area storm drain improvements are shown in Figure 3.20. 1860
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3.8.1 NPDES Compliance
The grading and drainage of the Specific Plan area will be designed to retain/filter, harvest, and reuse or treat surface runoff to comply with the current requirements of the San Bernardino County NPDES Stormwater Program’s Water Quality Management Plan (WQMP) for significant new development projects. Water quality impacts may be minimized through the implementation of site designs that reduce runoff and pollutant transport by minimizing impervious surfaces and maximizing on-site infiltration, employing Source Control Best Management Practices (BMP’s), or using on-site structural Treatment Control BMP’s where the infeasibility of installing Low Impact Development BMP’s is demonstrated.

New development within the Specific Plan area will utilize a variety of Low Impact Development site drainage designs to manage stormwater, including but not limited to retention/filtration basins, trenches and swales, and above ground bio-retention systems. Development projects within the Specific Plan area will incorporate features including but not limited to:
• Landscape designs that promote water retention and incorporation of water conservation elements such as use of native plants and drip irrigation systems; • Permeable surface designs in areas with low traffic;
• Parking lots that drain to landscaped areas to provide retention and infiltration, or bio-treatment where infiltration is infeasible; and
• Limit soil compaction during grading operations within landscaped storm water infiltration areas to no more than 80 percent compaction.

Prior to the issuance of a grading or construction permit, a Storm Water Pollution Prevention Plan (SWPPP), Erosion & Sediment Control Plan sheets, and a WQMP will be prepared and approved. The SWPPP and Erosion & Sediment Control Plan Sheets will identify and detail all appropriate BMP’s to be implemented or installed during construction of the project, and the WQMP will describe all post-construction BMP’s designed to address water quality and quantity of runoff for the life of the project.

All Priority Land Use (PLU) areas within the Specific Plan Area shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino County Area-Wide MS4 Permit. Priority Land Use (PLU) includes high- density residential (defined as a land use with at least ten (10) dwelling units per acre), industrial, commercial, mixed urban, and public transportation station. Drainage from the PLU shall be designed with conveyance tributary to a sub-regional Full Trash Capture System such as a Debris Separating Baffle Box (DSBB), Continuous Deflective System (CDS), or an equivalent hydrodynamic separator which has been approved by the SWRCB.
1861

FIGURE 3.20 CITY OF ONTARIO ULTIMATE STORM DRAIN SYSTEM GROVE AVE CUCAMONGA AVE PARCO AVE WALKER AVE VINEYARD AVE CUCAMONGA CHANNEL CARPENTER AVE ARCHIBALD AVE BON VIEW AVE SULTANA AVE CAMPUS AVE

EUCLID AVE

MERRILL AVE

EUCALYPTUS AVE

SCHAEFER AVE

CHINO AVE

RIVERSIDE DRIVE
EMUSP
SITE
USP
T
96” 78”
90” 72”48”
90”

9.5’9.5’
66”
90” 102” 108”
30”

TO CITY OF CHINO

MASTER PLANNED LINE I

EUCLID AVE STORM DRAIN
Improvements by Ontario Ranch Business Park
Improvments by EMUSP
Drainage Area Boundary XVI
Drainage Area Boundary XIII
Drainage Area Boundary XII
Euclid Mixed Use Specific Plan
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FIGURE 3.21 SPECIFIC PLAN STORM DRAIN PLAN SULTANA AVE

EUCLID AVE

EDISON AVE

SCHAEFER AVE
EMUSP
SITE
EXTEND 102” LINE

TO EUCALYPTUS AVENUE

SULTANA AVE SULTANA AVE S

EDISON AVE I

SCHAEFER AVE SCHAEFER AVE
96” 78”
90” 72” 48”
90” 102”
Improvements by EMUSP
LEGEND
1863

3.9 Public Services
Public services within the Specific Plan area, including police, fire and solid waste disposal services will be provided as follows:

3.9.1 Police
The City of Ontario will provide police services to the Specific Plan area. The closest police station is located approximately four miles north of the Specific Plan area at 2500 S. Archibald Avenue, just south of SR-60. This station is also the City of Ontario Police Department headquarters.

3.9.2 Fire
The City of Ontario will provide fire protection services to the Specific Plan area. The Ontario Fire Department currently has ten stations, which are staffed with eight four-man paramedic engine companies and two four-man truck companies. The closest operational fire station, Station 2, is located at 544 W. Francis Street, approximately three miles north of the Specific Plan area.

3.9.3 Solid Waste Disposal
The City of Ontario will provide solid waste services to the Specific Plan area. Solid waste facilities will follow the “Solid Waste Department Refuse and Recycling Planning Manual.” The Manual establishes the City of Ontario’s requirements for refuse and recycling storage and access for service, as well as addresses the City’s recycling goals. The Mid-Valley Landfill is the nearest County of San Bernardino landfill located at 2390 N. Alder Avenue in the City of Rialto, approximately 20 miles northeast of the Specific Plan area.

3.10 Phasing Plan
Development phasing of the project site will be determined by the landowner and/or developer based upon real estate market conditions. Phasing will occur as appropriate levels of infrastructure are provided.

Phasing sequencing is subject to change over time to respond to various market and local factors and as such, individual phases may overlap or develop concurrently. Infrastructure improvements, as required and approved by the City Engineer to support the development, will be installed by the developer.

Figure 3.22, Conceptual Phasing Plan, describes the general phases of development anticipated for the Euclid Mixed-Use Specific Plan area.

Specific Plan backbone infrastructure will be installed by the project developer, in accordance with the applicable City adopted infrastructure plan for the area, as well as the provisions of this Specific Plan and an approved Development Agreement. Fair share responsibilities for improvements will be addressed in a Development Agreement with the City of Ontario. The timing for installation of infrastructure and utilities within the Specific Plan area will be determined as part of the City’s approval of future subdivision maps and development plans. Infrastructure will be constructed and made available in a timely manner as development progresses. Phasing of required infrastructure will be determined per separate Development Agreement.
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FIGURE 3.22 SPECIFIC PLAN PHASING PLAN SULTANA AVE

EUCLID AVE

EDISON AVE

SCHAEFER AVE
PHASE 1
PHASE 2
PHASE 1
PHASE 2
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4. LAND USE AND DEVELOPMENT STANDARDS
This chapter identifies the allowable uses and the standards for building heights, setbacks, parking, coverage, landscape, signage, and all other development standards within the Specific Plan area. The application of these regulations is intended to create a harmonious relationship within the Specific Plan area and with the surrounding land uses as well as to protect the health, safety, and general welfare of the community.

4.1 General Provisions
Upon adoption of the Specific Plan, the development standards and procedures established within the Specific Plan become the governing zoning standards for any new construction, addition, or remodel within the Specific Plan area. However, in reviewing individual projects requiring discretionary approval, additional conditions may be applied by the approving body to accomplish the goals and objectives of this Specific Plan.

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

4.1.2 Applicability
The Euclid Mixed-Use Specific Plan is a regulatory plan, which, upon adoption by ordinance, will constitute the zoning of the property. Development plans or agreements, tract or parcel maps, precise development plans, or any other action requiring ministerial or discretionary approval for the subject property must be consistent with the approved Specific Plan. Actions deemed to be consistent with the Specific Plan shall be judged to be consistent with The Ontario Plan 2050 Policy Plan (General Plan) as mandated in California Government Code, Section 65454. Should the regulations contained herein differ from the regulations of the City of Ontario Development Code, the regulations of the Specific Plan shall take precedence. Where the Euclid Mixed-Use Specific Plan is silent, City Code shall apply.

4.1.3 Severability
In the event that any regulation, condition, program, portion, or policy of this Specific Plan or the application thereof to any person or circumstance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed separate, distinct, and independent provisions and shall not affect the validity of the remaining provisions of this Specific Plan or applications thereof which can be implemented without the invalid provision or application.

4.1.4 Administration
The Euclid Mixed-Use Specific Plan is adopted by ordinance and will serve as the implementation tool for The Ontario Plan 2050 Policy Plan as well as the zoning for the project site. The Specific Plan Development Regulations as outlined herein address general provisions, permitted uses, and development standards for the land uses within the project site. 1867

4.1.5 Methods and Interpretation
Development within the Euclid Mixed-Use Specific Plan shall be implemented through the approval by the City of Ontario of parcel maps, tract maps, and development permits. The administration process described herein provides for the mechanisms for review and approval of development projects within Rich Haven consistent with the Specific Plan objectives.

Unlisted Uses
Any land use proposal not specifically covered by the provisions contained herein shall be subject to the City of Ontario Development Code.

Boundaries
The boundaries and acreage of the individual planning areas or portions thereof are approximate.

Precise boundaries and acreages will be established in conjunction with the subdivision map or site development plan for each planning area or portions thereof within the project.

Minor boundary and acreage variations (15% maximum deviation) shall be permitted without an amendment to this Specific Plan, subject to review by the Planning Director for conformance with the intent of the Specific Plan.
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4.2 Allowable Uses
Table 4.1 (Land Use Matrix) shows the allowable land use, activity, or facility permitted within the Specific Plan’s BP (Business Park) and MU (Mixed-Use) Zoning Districts, as discussed in Chapter 3. These uses include a variety of business-serving commercial, office, technology, light manufacturing, and high density residential uses. The letters/symbols used in Table 4.1 shall have the following meanings:
“P” Permitted Land Uses
A Permitted Use (P) is permitted by right and may be established as the primary use of a building without the need for discretionary approval. Permitted Uses are subject to the development standards and guidelines applicable to the zoning district in which the use is located. “C” Conditionally Permitted Land Uses
A Conditionally Permitted Use (C) is permitted upon issuance of a Conditional Use Permit (CUP) pursuant to Section 4.02.015 of the Ontario Development Code and City processing procedures. “A” Administratively Permitted Uses
An Administratively Permitted Use (A) is permitted upon issuance of an Administrative Use Permit (AUP) pursuant to Section 4.03.015 of the Ontario Development Code and City processing procedures. “--” Prohibited Land Uses
A land use indicated with a “ --“ symbol is prohibited within the zoning district.

Land Uses Not Listed
A land use not listed in Table 4.1 shall be considered a prohibited land use. For land uses similar to those listed in Table 4.1, but not expressly stated in this Specific Plan, the Planning Director or his/her designee has the authority to make a determination of the applicability of similar land uses. 1869

LAND USE BUSINESS PARK

DISTRICT

MIXED-USE

DISTRICT

AGRICULTURAL USES
Temporary and Interim Agricultural Uses* P P

CONSTRUCTION
Contractors (e.g.- building construction, site preparation, capital improvement projects) • Completely within a building P --
• With outdoor storage -- --

MANUFACTURING
Apparel Manufacturing C C
Artisan Crafts (made by hand) such as glassworks, jewelry, and pottery C C Beverage Manufacturing -- --
Chemical Manufacturing (excludes pesticides and fertilizers) -- -- Computer and Electronic Product Manufacturing C --
Electrical Equipment, Appliance and Component Manufacturing C -- Fabricated Metal Product Manufacturing
• Ammunition and Arms C --
Food Manufacturing, General (but excluding animal slaughtering and processing and seafood product preparation and packaging) -- -- Food Manufacturing, Limited (bread, tortilla, snack foods, roasted nuts and peanut butter, coffee, tea, flavoring syrup, seasoning and dressing, spice extract)
C --
Furniture and Related Product Manufacturing C --
Glass and Glass Product Manufacturing -- --
Leather and Allied Product Manufacturing (excluding leather and hide tanning and finishing) C --
Machinery Manufacturing -- --
Miscellaneous Manufacturing (medical equipment and supplies, jewelry, sporting goods, toys, office supplies, signs, etc.) C -- Paper Manufacturing -- --
Pharmaceutical and Medicine Manufacturing (excludes biological product manufacturing) C --
Printing and Related Support Activities C --
Primary Metal Manufacturing -- --
Petroleum and Coal Products Manufacturing -- --
Plastics Product Manufacturing -- --
Rubber Product Manufacturing -- --
Textile Mills -- --
Textile Product Mills -- --
Transportation Equipment Manufacturing -- --
Wood Product Manufacturing -- --
TABLE 4.1 ALLOWABLE USES
* Restricted to existing agricultural and dairy uses.
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LAND USE BUSINESS PARK

DISTRICT

MIXED-USE

DISTRICT

WHOLESALE TRADE
Merchant Wholesalers, Durable Goods - General (includes motor vehicles and parts, lumber and construction materials, metals and minerals other than petroleum, and machinery equipment and supplies)
-- --
Merchant Wholesalers, Durable Goods - Limited (includes furniture and home furnishings, professional and commercial equipment and supplies, hardware, plumbing, and heating equipment and supplies)
P --
Merchant Wholesalers, Nondurable Goods (excludes industrial gases, petroleum bulk stations and terminals, and fireworks and explosives merchant wholesalers)
-- --
Wholesale Electronic Markets, Agents and Brokers (excludes automobile auctions) P --

HEALTHCARE AND SOCIAL ASSISTANCE
Ambulatory Health Care Services P --
Child Day Care Services (Commercial Facilities) -- P
Child Day Care Services (Employer Provided Services) -- P Medical Office P P
Urgent Care P P
Vocational Rehabilitation Services C C

COMMERCIAL USES
Information
Broadcasting P P
Data Processing, Health, and Related Services P P
Publishing Industries P P
Motion Picture and Sound Recording Facilities P --
Recording and Sound Studios P --
Wireless Telecommunication Facilities P P
Eating and Drinking Places, and Food Services
Alcoholic beverage sales for consumption on the premises (includes all retailer’s on-sale licenses issued by the State of California Department of Alcoholic Beverage Control)
C C
Food Bank or Meal Delivery Services C --
Restaurant
• Without Drive-Thru P P
• With Drive-Thru C C
Motor Vehicle Mechanical and Electrical Repair and Maintenance Servicing Facilities (limited to retail-oriented services, such as emissions testing, battery replacement and other similar retail activities that involves the limited use of pneumatic tools or equipment that create noise impacts) P --
1871

LAND USE BUSINESS PARK

DISTRICT

MIXED-USE

DISTRICT
General Repair Facilities
(includes general motor vehicle mechanical and electrical repair and maintenance of air conditioning, brake, cooling, electric, exhaust, fuel, suspension system, engine, transmission, and drive train) • General Repair Facilities - Automobile, Light Truck and Van Repair and Maintenance C --
• General Repair Facilities - Large Truck, Bus and Similarly Large Motor Vehicle Repair and Maintenance -- --
Automotive Body, Paint, Interior and Glass Repair
• Automobile, Light Truck and Van Body, Paint, and Interior Repair and Customization C --
• Minor Customization Work (limited to the “bolt-on” replacement or addition of parts only -- no body or paint work is allowed) C -- • Large Truck and Bus Body, Paint, and Interior Repair and Maintenance -- -- • Electronic and Precision Equipment Repair and Maintenance -- -- Personal Services
Couriers and Messengers P P
Fitness and Recreational Sports Center
• Gross Floor Area less than 10,000 sq. ft. P P
• Gross Floor Area 10,000 sq. ft. or more C C
Industrial Laundry and Linen Supply C --
Personal and Household Goods Repair and Maintenance P -- Pet Boarding and Kennels
• Day only (e.g. Doggie Daycare) C C
• Overnight Stays C C
Postal Services P P
Passenger Car Rental and Leasing C --
Truck, Utility Trailer, and Recreational Vehicle Rental and Leasing C -- Offices
Administrative and Support Services P P
Business management -- P
Finance and Insurance Offices P P
General Offices -- P
Government offices -- P
Management of Companies and Enterprises P P
Office Ancillary to a Primary Industrial Use (less than 10% of GFA) P P Professional, Scientific, and Technical Services (e.g. accounting, tax preparation, architecture, bookkeeping, legal, engineering, consulting) P P Real Estate Offices P P
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LAND USE BUSINESS PARK

DISTRICT

MIXED-USE

DISTRICT
Retail
Antique Shop -- P
Alcoholic beverage sales for consumption off the premises (includes all retailer’s off-sale licenses issued by the State of California Department of Alcoholic Beverage Control)
-- C
Appliance Store -- P
Art Supply Store -- P
Auction Houses C C
Automotive Parts and Accessories (including tires) P -- Bakery Retail -- P
Banks/Credit Unions -- P
Banks, and Credit unions with drive-thru in accordance with the City of Ontario Development Code and Section 5.5.8.5 herein -- C Barber/Beauty Shops -- P
Beauty Supply Store -- P
Billiard parlor/Pool hall -- C
Book Store -- P
Bowling alleys -- C
Camera Supply Store -- P
Car wash-full service -- --
Car wash-self-service as an ancillary use C --
Catering Services and Facilities P --
Clothing and Accessory Store -- P
Coffee House/Cafe -- P
Commercial Sports Facilities such as Batting Cages, etc. C -- • Virtual Recreational Sports such as Golf Simulator C C Computer and Home Electronics Retail -- P
Computer, Electronics Home Repair P P
Convenience Stores (without alcoholic beverage sales) P C Cutlery P P
Dance Hall/Studio Hall -- --
Delicatessen/Cafeteria -- P
Drug store/pharmacy with drive-thru in accordance with the City Development Code and Section 5.5.8.8 herein -- C
Dry Cleaners (commercial off-site cleaning operations only) -- P Electric Vehicle Charging Stations (Automobiles) -- C
Electric Vehicle Charging Stations (Commercial Trucks) C -- 1873

LAND USE BUSINESS PARK

DISTRICT

MIXED-USE

DISTRICT
Family entertainment centers (Mini-golf, trampoline parks, etc.) C -- Financial Services -- P
Florist Shop -- P
Furniture Sales -- P
Gasoline Fueling Station with Convenience Store (without alcoholic beverage sales) C C
General Merchandise/Retail Store -- P
Garden Supply/Hardware store -- --
Grocery store -- P
Health Clubs -- P
Health/Specialty food store -- P
Hobby supply store -- P
Hotels -- C
Ice cream parlor -- P
Internet Fulfillment/Warehousing/Distribution (E-Commerce) P -- Jewelry store -- P
Jewelry, watch and clock repair -- P
Liquor store -- C
Live performance facility, night club -- C
Locksmith/key shop -- P
Luggage and leather goods -- P
Medical Clinic/Healthcare Center/Urgent Care -- P
Nursery School/Day Care Facility/Child Care Center -- P Office supplies and equipment P P
On-site alcoholic beverage sales establishment -- C
Personal service shops -- P
Pet and pet supply stores -- P
Photocopy services -- P
Photography studio -- P
Places of worship C C
Plant nurseries (retail) C C
Recreational equipment sales (e-bikes, kayaks, etc.) -- -- Restaurant, family full service, specialty and fast food -- P Schools, Colleges, Universities, Professional Schools -- C Shoe store, repair -- P
Sporting goods store -- P
Stationary & gift shops -- P
Travel agencies -- P
Video Arcade -- C
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LAND USE BUSINESS PARK

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MIXED-USE

DISTRICT
Industrial Retail Sales
(Retail sales of goods and/or products either manufactured, warehoused or wholesaled on-site) • Maximum 15% of building floor area or 8,000 sq. ft., whichever is less A -- • Over 15% of building floor area or 8,000 sq. ft. C -- Non-Store Retailers (includes electronic shopping and mail-order houses, vending machine operators, and other direct selling establishments (excluding fuel/petroleum dealers)
P --

WAREHOUSING
Warehousing and Storage (General and Other)
• Completely within a building P --
• Outdoor Storage Accessory to an Allowed Use A --
• Outdoor Storage as the Primary Use -- --
Outdoor truck/trailer storage/long term parking C --

RESIDENTIAL USES
Single-Family Attached / Multi-Family Residences
• Attached and Detached Condominiums -- P
• Townhomes -- P
• Stacked Flats -- P
• Multiple Family Dwellings/Apartments -- P
Residential Community Care Facility (6 or less) -- P
Home Occupation -- P
Public School K-12 in accordance with the City Development Code -- P Model Homes and temporary related signage, sales, and parking facilities -- A Senior Center -- C
Senior Housing -- C
Assisted Living/Congregate Care in accordance with the City of Ontario Development Code -- C
Convalescent Facility -- C
Live/Work Units -- C
Places of Public Assembly (including places of worship) C C Residential Day Care Facilities serving up to 14 children -- C Private Recreation C C
Home Occupations A A
Single-Family Dwellings -- P
Single Room Occupancy (SRO) Facilities -- C
1875

4.3 Development Standards
Table 4.2 (Development Standards) provides a summary of the development standards applicable to the land uses, structures, and related improvements located within the Specific Plan area. Refer to the Ontario Development Code for any standard not addressed in Table 4.2.

LAND USE BUSINESS PARK

DISTRICT

MIXED-USE

DISTRICT
Accessory Residential Structures
• Accessory Dwelling Units -- P
• Accessory Residential Structures (includes guesthouses, garages, carports, garden and tool sheds, and other ancillary buildings and structures determined appropriate by the Planning Director)
-- P
• Enclosed, screened outdoor storage -- --
• Maintenance facilities and structures -- --
Animal Keeping
• 4 or fewer pets P P
Community Gardens, Urban Farms, and Related Uses A A
Employee (Farmworker) Housing
• 6 or fewer employees -- C
Vocational/Trade Schools C C
Temporary Uses and Interim Use
• Amusement (i.e. circuses, carnivals etc.) A A
• Christmas Tree, Pumpkin, and similar lots A A
• Outdoor displays A A
• Parking lot sales A A
• Street/Craft fairs and Farmer Markets A A
• Temporary Structures A A

SPECIALTY USES
Police Store Front/Sub Station/Fire Station/Emergency Services P P Public Parks, Community Centers, and similar facilities P P Public utilities C C
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DEVELOPMENT STANDARD BUSINESS PARK

DISTRICT

MIXED-USE

DISTRICT
Minimum Lot Area 10,000 sq ft 10,000 sq ft
Minimum Lot Dimensions

1. Lot Width 100 ft 100 ft

2. Lot Depth 100 ft 100 ft
Maximum Floor Area Ratio (1)

0.60 Commercial = 1.0
Office = 1.5
Maximum Building Footprint (6) 175,000 sq ft 130,000 sq ft Minimum Landscape Setback (2)

1. Euclid Avenue 35 ft 35 ft

2. Edison Avenue N/A 23 ft

3. Schaefer Avenue 23 ft N/A

4. Sultana Avenue 10 ft 10 ft

5. Interior Side N/A N/A

6. Interior Rear N/A N/A
Minimum Building Setback (2) (3)

1. Euclid Avenue 35 ft 35 ft

2. Edison Avenue N/A 23ft

3. Schaefer Avenue 23ft N/A

4. Sultana Avenue 10 ft 10 ft

5. Interior Side 10 ft 10 ft

6. Interior Rear 10 ft 10 ft
Minimum Parking Space and Drive Aisle Separations

1. Parking Space or Drive Aisle to Street Property Line 20 ft 10 ft

2. Parking Space or Drive Aisle to Interior Property Line 5 ft 5 ft

3. Parking Space to Buildings, Walls, and Fences
Areas adjacent to public entries and office areas: 10 ft Areas adjacent to other building areas: 5 ft
Within screened loading and storage yard areas: 0 ft

4.Drive Aisles to Buildings, Walls, and Fences (4) 5 ft 5ft

5.Drive Aisles within Screened Loading and Storage Yard Areas 0 ft 0 ft Maximum Building Height (5) 45 ft 55 ft
Minimum Landscape Coverage (Aggregate) 10% 10%
Walls, Fences, and Hedges: Per Ontario Development Code and Section 5.2 (Buffering and Screening) of this Specific Plan.

Footnotes:

1. Land Use Distribution for Mixed Use district = 10”% Office, 20% Commercial and 70% Residential.

2. All setback areas shall be measured from the property line and shall be landscaped.

3. Within yard areas fully screened by a decorative wall, there shall be no minimum drive aisle or parking space setback required.

4. The minimum separation area between a building, wall, or fence, and a parking space or drive aisle shall be fully landscaped. The separation area may include pedestrian walkways, as necessary; however, a minimum 5 ft. wide planter area shall be maintained between a building wall and a pedestrian walkway. The minimum separation dimension does not include any area devoted to vehicle overhang.

5. Architectural projections, mechanical equipment, and focal elements may be allowed to exceed maximum height up to 10 percent above the prescribed height limit.

6. Building within the Business Park District that front onto Euclid Avenue shall be limited to a maximum building footprint of 54,000 sq. ft.

TABLE 4.2 BUSINESS PARK AND MIXED-USE DEVELOPMENT STANDARDS

4.3.1 Business Park/Mixed-Use Development Standards
1877

4.3.1.1 Business Park/Office Parking and Loading Standards Parking and Loading standards for Business Park and Office development will be consistent with the standards outlined in the Ontario Development Code.

Sufficient off-street loading and unloading spaces shall be provided on each development site, and adequate provisions and space shall be made for maneuvering freight vehicles and handling freight.

Loading activity, including turnaround and maneuvering, shall be made on site. Buildings, structures, and loading facilities shall be designed and placed on the site so that vehicles, whether rear loading or side loading, may be loaded or unloaded at any loading dock, door, or area without extending beyond the property line.
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TABLE 4.3 MIXED-USE DEVELOPMENT STANDARDS

4.3.2 Mixed-Use Development Standards
The following standards provide the lot development criteria for Retail Commercial and Office uses within the Mixed-Use portion of the Specific Plan. Refer also to General Standards in Section 4.1.

DEVELOPMENT STANDARD RETAIL COMMERCIAL

AND OFFICE
Minimum Lot Size/Area 10,000 sq ft
Floor Area Ratio
(Calculated based on gross site average)
From Euclid Avenue Right-Of-Way Minimum Retail Commercial 0.2:1 From Euclid Avenue Right-Of-Way Maximum Office 0.5:1
Minimum Landscape Coverage 10%, all setback from right-ofway areas shall be landscaped Building Setbacks (minimum)
From Euclid Avenue Right-Of-Way 35 ft (4)
From Edison Avenue Right-Of-Way 35 ft (4)
From Schaefer Avenue Right-Of-Way 23 ft
From Private or Local Street 15 ft (2)
From detached residential on adjacent property 25 ft
From SCE Property Line/Easements 0 ft
Parking Setbacks (minimum) (1) (3)
From Euclid Avenue Right-Of-Way 35 ft
From Edison Avenue Right-Of-Way 35 ft
From Schaefer Avenue Right-Of-Way 23 ft
From Private or Local Street 10 ft
From detached residential on adjacent property 5 ft
From SCE Property Line/Easements 0 ft
Building Height (maximum) (5)
Structures 45 ft
Architectural Projections (including towers,
focal elements, cupulas, etc.) 55 ft
Footnotes:

1. Per the City of Ontario Development Code. Commercial parking standards still apply.

2. Refer to Section 5, Landscape Design Guidelines for further setback/design requirements.

3. Parking stalls perpendicular to street shall be screened by landscaping, berms, or decorative walls that match architectural style of nearest development. Screening shall mature to a minimum height of 36” (to screen car grilles).

4. Buildings shall be set back to the Neighborhood Edge or to the given setback from R.O.W., whichever is more restrictive. Where a Neighborhood Edge condition does not exist, setbacks from R.O.W. shall govern.

5.Maximum building heights shall comply with the requirements of Chino Airport Land Use Compatibility Plan ("CNO ALUCP").
1879

4.3.2.1 Circulation
The Euclid Mixed-Use Specific Plan shall have street frontage monumentation announcing the major entrance to the development from Edison Avenue. Within the Specific Plan, vehicular access to commercial/office development shall be clearly designated and supplemented with special paving, landscaping and signage. Parking areas should include clearly marked pedestrian pathways to building entrances.

4.3.2.2 Parking Standards
Parking requirement for Commercial development will be consistent with the standards outlined in the Ontario Development Code.

4.3.2.3 SCE Easement Parking
Surface parking and vehicular/truck/trailer storage are permitted uses within SCE easements subject to approval from utility provider. This surface parking may not be included towards meeting minimum resident, guest or commercial parking requirements.

4.3.2.4 Patio Dining
Outdoor seating, in conjunction with business, is encouraged to enliven the street scene along Euclid Avenue and Edison Avenue. Patio dining seating area must have a minimum dimension of 10 ft. clear. Along Euclid Avenue and Edison Avenue, patio dining may encroach a maximum of 10 ft. into the neighborhood edge. Patio areas may be enclosed by the tenant by open rail compatible with the architecture of the building, hedges or other suitable separation.

4.3.2.5 Drive-Thru Facilities
a. Development and/or uses with drive thru facilities will comply with the standards outlined in the Ontario Development Code.

A drive-through facility shall be operated only as (a) part of a restaurant which also has an indoor dining area, (b) a banking facility or (c) a drug store or similar retail use, subject to satisfying the requirements listed below.
b. Separation from Sensitive Land Uses

1. A drive-through facility shall be separated from any residential building by no less than 150 ft.

This standard may be modified, particularly for non-restaurant drive-through uses, subject to approval from the City of Ontario Planning Director.

2. The drive-through facility shall be architecturally treated with service and delivery “back of house” areas visually screened from residential development and public streets. 1880
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TABLE 4.4 STAND ALONE RESIDENTIAL DEVELOPMENT STANDARDS

DEVELOPMENT STANDARD MEDIUM HIGH / HIGH DENSITY RESIDENTIAL Density (DU/AC) 11.1 - 35.0
Lot Criteria
Min. Lot Size 10,000 sq ft
Minimum Setbacks (1) (2)
Streetside Setback
• Living Area to sidewalk or paving 5 ft
• Porch (3) 3 ft
• Garage to 20’ Alley (7) 5 ft
Minimum Building Separation
Front to Front 25 ft
Side / Side 12 ft
Rear / Rear (8) 30 ft
Front to Side 20 ft
Between Covered Porches Front to Front 10 ft
Between Garden Walls less than 3’ in Height 10 ft
Lot Coverage
Max. Coverage 60%
Maximum Building Height (4)
Main Structure 55 ft
Walls, Fences and Hedges
Maximum Height at Front of Building (5) 3 ft
Maximum Height at Side or Rear of Building (6) 6 ft
Private Open Space
Ground Floor Units:

Min. Square Footage per Dwelling Unit 140
Min. Dimension 10 ft
Upper Unit:

Min. Square Footage per Dwelling Unit 50
Min. Linear dimension 5 ft
Storage Space:

Min. Interior Storage Space 160 CF per Unit (8)
Footnotes:

1. Architectural projections may project a maximum of 3 ft. into required front, rear or side setback areas; however, in no case shall such projection be closer than 3 ft. to any property line. An architectural projection is defined as an element that articulates the building elevation such as eaves, window and door pop-out surrounds, media niches, bay windows, pot shelves, chimneys, enhanced window sills, shutter details, window trim, balconies and entry gates, and other similar elements.

2. All front and corner side setbacks are measured from the back of sidewalk. All other setbacks measured from Property Line unless noted otherwise.

3. The minimum depth of a porch shall be 7 ft., with an area of 70 sq. ft. of clear space. The porch depth may be reduced to 5 ft., where appropriate to mass and scale of the building, subject to Planning Department review and approval.

4. Architectural projections may exceed the maximum height by an additional 10%.

5. Solid masonry walls or fencing may be permitted subject to a 3 ft. minimum setback from the front property line. Fences, walls, hedges or similar view obstructing structures or plants that reduce safe ingress or egress of vehicles or pedestrians shall not exceed 3 ft. in height in any required front yard.

6. Walls may exceed 6 ft. in height and pilasters may exceed 6.5 ft. in height only for noise attenuation purposes subject to an Acoustical Study and Planning Department approval. Up to 2 ft. retaining wall may be incorporated with the 6 ft. maximum wall so that maximum exposed wall shall not exceed 8 ft..

7. Measured from foundation, not recessed garage door. Eaves and second floor projections may encroach up to 18 inches.

8. Interior storage includes finished areas under stairs, finished attic space with a minimum dimension of 24” and garage space including hanging racks with a min. depth of 18”. 1881

4.4 Open Space Planning Areas
The Euclid Mixed-Use Specific Plan area includes two Southern California Edison (SCE) easements which traverse the site in an East/West direction. The northern SCE easement is identified as PA 4 and diagonally bisects the Business Park District. The southern SCE easement is identified as PA 5 and provides a separation between the Business Park District and the Mixed-Use District. Both of the easements are designate as open space-non-residential (OS-NR). The Euclid Mixed-Use Specific Plan outlines allowable uses and the development standards within the SCE easements in PA 4 and PA 5.

4.4.1 Allowable Uses within the SCE Easement Areas
All uses and improvements within PA 4 and PA 5 of the Euclid Mixed-Use Specific Plan are subject to review and approval by Southern California Edison Company and The City of Ontario. Land Uses allowed within the SCE easements are shown in Table 4.5:

4.4.2 Development Standards within the SCE Easement Areas Allowable uses within the SCE easement areas generally do not include permanent or temporary structures or buildings. No building setbacks are required from the SCE easement line.

Uses allowed within the SCE easements shall comply with all applicable utility corridor development standards per the City of Ontario development code.

Uses such as parking and outdoor storage are required to be screened using walls and/or landscaping identified in Section 5 of the Specific Plan. Security walls or fencing is allowed up to 14 ft. high along the easement boundary.

Lighting for security and/or safety within the SCE easements shall be allowed subject to the requirements that illumination be contained within the easement area and directed away from any sensitive surrounding land uses.

LAND USES OPEN SPACE
Agriculture (except community gardens, urban farms and cannabis production) P Beekeeping and production P
Community Gardens, Urban Farms and related uses A
Electric Vehicle Charging Facilities (ancillary to a permitted land use) P Parking Lots, Vehicle and Truck/Trailer short term and long term storage C Commercial and Recreational Vehicle Storage C
Nurseries (subject to tree height limitations) P
Open Space/Parks and Trails (publicly owned or accessible) P Police and Fire Protection (no structures) P
Solar/Wind Energy Power Generation C
Boat and RV short/long term storage C
TABLE 4.5 ALLOWED USES SUBJECT TO SCE APPROVAL
1882
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DESIGN GUIDELINES

5. DESIGN GUIDELINES
This chapter identifies conceptual themes for site planning, architecture, and landscape design within the Euclid Mixed-Use Specific Plan area. The guidelines are intended to ensure a cohesive and attractive development that meets the following objectives:

1. Demonstrates high quality development that complements and integrates into the community and adds value to the City.

2. Creates a functional and sustainable place that ensures the Euclid Mixed-Use Specific Plan area is competitive regionally and appropriate in the Ontario Ranch community.

3. Illustrates the distinctive characteristics of the two land use plan zones - Business Park and Mixed-Use.

4. Establishes criteria for building design and materials, landscape design, and site design that provide guidance to developers, builders, architects, landscape architects, and other professionals preparing plans for construction.

5. Provides guidance to City staff and the Planning Commission in the review and evaluation of future development projects in the Euclid Mixed-Use Specific Plan area.

6. Incorporates construction and landscape design standards that promote energy and water conservation strategies.

7. Implements the goals and policies of The Ontario Plan and the intent of the Ontario Development Code.

5.1 General Design Guidelines

5.1.1 Architectural Design
The architectural character within the Euclid Mixed-Use Specific Plan is intended to reinforce the rich architectural diversity of the City Of Ontario while providing a cohesive aesthetic treatment for the varied anticipated uses and building types including one and two story business park buildings, neighborhood commercial and retail buildings, low-rise office buildings and two and three story, high density, attached residential buildings. The architectural design and features shall consider the following design objectives:

1. Create a palette of architectural styles and design criteria to encourage a cohesive community character within the Specific Plan area while promoting a variety of traditional and timeless architectural expressions.

2. Utilize high quality and sustainable materials on building exteriors to reduce maintenance and ensure a long lasting attractive appearance.

3. Orient buildings along perimeter roadways with front building elevations, front entries and enhanced materials defining the character of development.

4. Buildings within the Business Park district shall be in a scale and proportion that minimizes the visual impact of buildings fronting along Euclid Avenue. 1883

5. Commercial and Office buildings design should emphasize building entries utilizing focal elements such as towers, trellises, architectural detailing, etc. and enhanced building treatments or materials.

Service areas should be oriented away from public spaces and/or screened from off-site views.

6. Residential buildings should be designed with enhanced architectural treatments/features on all visible elevations. Utility features should be oriented along internal private drives and screened with landscaping wherever possible.

These guidelines will further serve to implement the objectives, policies and principles of the City’s TOP by drawing upon the rich architectural diversity, quality and history of Ontario’s established neighborhoods. Business Park Guidelines are included in Section 5.2, Regional Commercial/Mixed-Use Design Guidelines in Section 5.3 and High Density Residential Design Guidelines in Section 5.4. 1884
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5.1.2 Landscape Design
The overall landscape treatment within the Specific Plan is intended to provide a unifying element and to establish a unique setting for future development. Landscape designs shall consider the following design objectives:

1. Incorporate Neighborhood Edge planting along Euclid Avenue and Edison Avenue to provide the general landscape framework and establish a sense of place for the varied land uses.

2. Utilize a hierarchy of monumentation signage and focal planting to define the Specific Plan area at primary intersection locations.

3. Develop a palette of appropriate street trees to be used along internal public streets, private drives and parking areas within the Mixed-Use area of the Specific Plan.

4. Open parking areas should be screened from perimeter streets. Parking areas shall be screened using evergreen shrubs, low walls or berms or a combination of screening methods.

5. Vehicle storage areas shall be screened with decorative walls. Screen walls to be softened with vertical evergreen shrubs and/or trees.

5.1.3 Streetscapes
Streetscape design creates an aesthetically pleasing view for pedestrians and motorists, screens parking and loading areas from the public right-of-way, and integrates the development into the surrounding community. The streetscape designs presented are conceptual only; final grading, plantings, and tree locations will be determined on a project-by-project basis.

5.1.3.1 Euclid Avenue Streetscape
Euclid Avenue features a wide raised landscaped median planted with trees, a 15 ft. wide parkway and a 35 ft. wide landscape setback. The parkway will include a 10 ft. wide curb-adjacent landscape strip generally planted with trees and groundcover and a 5 ft. wide sidewalk. Tree species along the perimeter of Euclid Avenue will include Grevillea robusta in the parkway, Cedrus deodara groups behind the sidewalk alternating with a double row of Quercus agrifolia with Schinus molle intermixed as accents in appropriate locations in the median. Combined, the parkway and landscape setback create a 50 ft. “Neighborhood Edge” as established in the Ontario Ranch Streetscape Master Plan, which is intended to provide a buffer at the Specific Plan boundary as well as a pleasing visual statement along the major City thorough (Figure 5.1).

FIGURE 5.1 EUCLID AVENUE STREETSCAPE
1885

5.1.3.2 Edison Avenue Streetscape
The typical Edison Avenue section will feature an 8 ft. multipurpose trail, 15 ft. wide parkway and 23 ft. wide landscape setback. The parkway will include a 10 ft. wide curb-adjacent landscape strip and a 5 ft. wide sidewalk. Tree species along Edison Avenue will include Quercus agrifolia in the parkway with clusters of Lagerstroemia i. ‘Natchez’ and Pinus eldarica in the neighborhood edge along the south and north side. The median includes Pinus eldarica with clusters of Lagerstroemia i. ‘Natchez’. The parkway and landscape setback will combine to form the 38 ft. Neighborhood Edge buffer (Figure 5.2).

5.1.3.3 Schaefer Avenue Streetscape
The typical Schaefer Avenue section will feature a 12 ft. wide parkway and 23 ft. wide landscape setback to create a 35 ft. Neighborhood Edge. The parkway will include a 7 ft. wide curb-adjacent landscape strip generally planted with trees and groundcover and a 5 ft. wide sidewalk. Tree species along Schaefer Avenue will include Pistacia chinensis trees in the parkway and Pistacia chinensis with clusters of Tristaniopsis laurina in the neighborhood edge. The Neighborhood Edge creates a buffer along the Specific Plan boundary as well as a visual statement (Figure 5.3).

FIGURE 5.3 SCHAEFER AVENUE STREETSCAPE
FIGURE 5.2 EDISON AVENUE STREETSCAPE
1886
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5.1.3.4 Sultana Avenue Streetscape
The typical Sultana Avenue section will feature a 9 ft. wide parkway and 10 ft. wide landscape setback. The parkway will include a 4 ft. wide curb-adjacent landscape strip and a 5 ft. wide sidewalk.

Tree species along Sultana Avenue will include Koelreuteria paniculata and behind the sidewalk will include Quercus ilex (Figure 5.4).

FIGURE 5.4 SULTANA AVENUE STREETSCAPE

5.1.3.5 Landscape Framework
A Landscape Framework has been developed to guide the overall character of the Euclid Mixed-Use Specific Plan from concept through implementation to ensure the intended planned design is fulfilled. The landscape treatment consist of several design elements including community arrival markers and gateway monumentation, perimeter landscaping and connections within the neighborhood edges and landscape buffers and potential locations for harmonious district entries into individual land uses such as business parks, office parks, retail centers and residential neighborhoods. Refer to Figure 5.5 Landscape Framework. 1887

FIGURE 5.5 LANDSCAPE FRAMEWORK
1888
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5.1.3.6 Euclid Gateway
The Euclid Mixed-Use Specific Plan’s location along the City’s most prominent avenue at the gateway to the primary arterial roadway through the Ontario Ranch will be celebrated with special “Gateway Monument” features.

The primary arrival monument is the Euclid Gateway with two tower features. The Euclid Gateway features will be located at the northeast corner of the intersection of Euclid Avenue and Edison Avenue.

The objectives of the Euclid Gateway are as follows:

1. Create a distinctive architectural feature to establish a sense of arrival and a welcoming landmark to western gateway to The Ontario Ranch.

2. Identify the Specific Plan area as an example and quality standard for Mixed-Use and Business Park development within the City.

3. Utilize durable and lasting materials and a sustainable monument design reflecting the proposed architectural character of development within the Specific Plan area.

4. Incorporate a climate sensitive and water wise planting plan to soften and accentuate the monument feature to create a unique landscape aesthetic integrated into the City streetscape plant palette.

The Euclid Gateway monuments will reflect paired contemporary vertical block towers. The tower design will be capped with an angular top. The tower features a massive steel panel that mirrors the angular top of each gateway tower reinforcing the impressive scale and rich color of the signage. The overall height of the tower will be 14+ ft. to optimize its visibility and to allow for the inclusion of the City of Ontario logo near the top of the tower.

The landscape treatment around the Gateway monuments will consist of low growing plant species to accentuate the vertical form of the towers. Drought tolerant plant material will be utilized to create a layered landscape base. Plants that reinforce the architectural character of the Gateway such as native grasses, Agaves and other larger succulents and colorful xeriscape plants will provide a sustainable focal landscape treatment. Vertical planting around the Euclid Gateway monuments will be avoided, allowing for the towers to be set against the backdrop of the master planned streetscape trees within the neighborhood edges of Euclid Avenue and Edison Avenue. Refer to Figure 5.6 Euclid Gateway Concept.
1889

FIGURE 5.6 EUCLID GATEWAY CONCEPT
1890
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5.1.3.7 Specific Plan Gateway
A secondary arrival monument is located near the southeast corner of the intersection of Euclid Avenue and Schaefer Avenue within the 50 ft. wide neighborhood edge at the north end of the Business Park District. This Specific Plan Gateway is smaller in scale and reflects a horizontal proportion that is compatible with the architectural form and character of the future Business Park development.

Refer to Figure 5.7 Specific Plan Gateway Concept.

FIGURE 5.7 SPECIFIC PLAN GATEWAY CONCEPT
1891

BOTANICAL NAME COMMON NAME USE
Chilopsis linearis Desert Willow Tree
Chitalpa tashkentensis Chitalpa Tree
Cinnamomum camphora Camphor Tree Tree
Cupressus sempervirens Italian Cypress Tree
Heteromeles arbutifolia Toyon Tree
Juniperus s. 'Skyrocket' Skyrocket Juniper Tree
Koelreuteria bipinnata Chinese Flame Tree Tree
Lagerstroemia i 'Muskogee' Crape Myrtle Tree
Olea europaea Olive Tree
Pinus canariensis Canary Island Pine Tree
Pinus eldarica Afghan Pine Tree
Pistacia chinensis Chinese Pistache Tree
Platanus acerifolia London Plane Tree
Platanus racemosa California Sycamore Tree
Quercus agrifolia Coast Live Oak Tree
Schinus molle California Pepper Tree
Tristania conferta Brisbane Box Tree
Washingtonia filifera California Fan Palm Tree
Phoenix dactylifera Date Palm Tree
Acca sellowiana Pineapple Guava Shrub
Buxus j. 'Green Beauty' Japanese Boxwood Hedge
Callistemon 'Little John' Dwarf Bottle Brush Shrub
Carissa macrocarpa 'Tuttle' Natal Plum Shrub
Cistus 'Sunset Pink' Sunset Pink Rockrose Shrub
Dianella 'Little Rev' Dwarf Dianella Shrub
Dianella tasmanica Dianella Shrub
Dodonaea viscosa 'Purpurea' Hopseed Bush Shrub
Eleagnus pungens Silverberry Shrub
Leucophyllum f. 'Green Cloud' Texas Ranger Shrub
Ligustrum j. texanum Texas Privet Shrub
Pittosporum tobira 'Variegata' Variegated Mock Orange Hedge TABLE 5.1 PLANT PALETTE

5.1.4 Plant Palette
The Plant Palette shown in Table 5.1 establishes a base palette for the Specific Plan area and includes a variety of groundcovers, shrubs, ornamental grasses, and evergreen and deciduous trees. The selection complements the design theme of the Euclid Mixed-Use Specific Plan area and features water-efficient, drought-tolerant species native to the region. Similar plant materials may be substituted for the species listed in Table 5.1 if the alternative plants are climate appropriate and enhance the thematic setting. 1892
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BOTANICAL NAME COMMON NAME USE
Pittosporum t. 'Wheeleri' Wheeler's Dwarf Shrub
Rhaphiolepis i. 'Clara' Indian Hawthorn Hedge
Rhaphiolepis i. 'Springtime' Indian Hawthorn Hedge
Rhamnus californica Coffeeberry Shrub
Rhamnus c. 'Mound San Bruno' Dwarf Coffeeberry Shrub
Rosmarinus o. 'Tuscan Blue' Rosemary Shrub
Salvia c. 'Allen Chickering' Allen Chickering Sage Shrub Salvia greggii Autumn Sage Shrub
Salvia leucantha Mexican Sage Shrub
Westringia fruticosa Coast Rosemary Shrub
Xylosma congestum Shiny Xylosma Hedge
Agave 'Blue Flame' Blue Flame Agave Accent
Aloe maculata Soap Aloe Accent
Aloe petricola Stone Aloe Accent
Aloe polyphylla Spiral Aloe Accent
Aloe striata Coral Aloe Accent
Echeveria 'Ruffles' Ruffles Echeveria Accent
Hesperaloe parviflora Red Yucca Accent
Acacia redolens 'Low Boy' Dwarf Acacia Groundcover
Baccharis p. 'Pigeon Point' Dwarf Coyote Bush Groundcover Baccharis p. 'Centenial' Coyote Bush Groundcover
Carex pansa California Meadow Sedge Grass
Carex tumulicola Foothill Sedge Grass
Festuca mairei Altas Fescue Grass
Festuca o. 'Glauca' Blue Fescue Grass
Lonicera j. 'Halliana' Hall's Honeysuckle Groundcover
Muhlenbergia capillaris Pink Muhly Grass
Myoporum parvifolium Myoporum Groundcover
Rosa 'Flower Carpet' - Red Red Flower Carpet Rose Groundcover Rosmarinus o. 'Huntington Carpet' Prostrate Rosemary Groundcover Salvia 'Bee's Bliss' Bee's Bliss Sage Groundcover
Senecio mandraliscae Blue Fingers Groundcover
Sesleria autumnali Moor Gras Grass
Trachelopspermum jasminiode Star Jasmin Groundcover
Distictus buccinatoria Blood-red Trumpet Vine Vine
1893

5.2 Business Park Guidelines
The following Design Guidelines have been developed to ensure a quality-cohesive design structure for Business Park development in the Euclid Mixed-Use Specific Plan. They will provide the City with the necessary assurances that the Specific Plan will develop in accordance with the appropriate design quality and character.

The design guidelines are intended to be flexible and illustrative in nature, with the capability of responding to unanticipated conditions, the market and design trends, while maintaining the following overall objectives:

1. To secure the long-term vitality of The Ontario Plan by implementing its objectives, policies and principles.

2. To provide the City with the necessary assurances that the Specific Plan area will develop in accordance with the design quality and character proposed herein.

3. To serve as design criteria for developers, builders, engineers, architects, landscape architects and other professionals in preparing plans for construction.

4. To lend guidance to the City staff, Planning Commission and City Council in the review and evaluation of future development projects in the Specific Plan area.

5. To provide for the development of Business Park uses which utilize the site’s prime location to Ontario Airport.

6. To create a high quality Business Park development that attracts an array of businesses and provides employment opportunities to area residents.

7. To provide Business Park uses within the project boundaries which are compatible with surrounding uses.

5.2.1 Architectural Design
The building design, materials, colors, and textures establish its theme and character. Architecture shall be compatible and complementary with other buildings within the Specific Plan area; however, design diversity is encouraged to provide visual interest. Although development within Planning Area 1 and Planning Area 2 differ in building height and scale, similar design concepts apply as follows:

5.2.1.1 General Architectural Guidelines:

1. Ensure scale, massing, fenestration, materials, and colors are consistent with the building’s architectural style and compatible with the overall design in the Specific Plan area.

2. Avoid blank walls by providing articulation on building elevations visible from a public right-of-way through elements such as cornices, parapets, expression lines, and changes in materials and/or colors.

3. Provide the greatest level of articulation on the front facades that are visible from the public rights-of-way and at the main entrances.

4. Design entry features as a significant aspect of a building’s overall composition through massing, detailing, architectural treatments, and/or special materials and colors.

5. Employ recessed or covered building entrances to provide shade and visual relief. 1894
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6. Design office buildings, business parks, and office areas of warehouse buildings with an emphasis on the use of windows, architectural details, and building articulation.

7. Integrate the design of warehouse office areas into the overall building composition so they create powerful architectural statements and not visually disjointed “add-ons.”

8. Employ a minimum of four different colors, materials, and/or textures on each building.

9. Avoid terminating a change in material or color at a building edge; instead, select a logical termination point in relation to the architectural features or massing.

10. Paint exposed downspouts, service doors, and mechanical screens the same color as the adjacent wall. Exposed downspouts are not permitted on elevations that front onto a street.

5.2.1.2 Site Design
Business Park developments in the Euclid Mixed-Use Specific Plan will allow for employment opportunities to be created for the City of Ontario and surrounding region. Residents of Ontario Ranch will have the ability to access employment not only by automobile but also via pedestrian multi-purpose trails along surrounding arterial streets.

Business Park uses should implement appropriate site planning, architectural and landscape design techniques to be complimentary to the adjacent land uses.

Site design should facilitate the intended functions of developed and open space areas and provide for appropriate interactions between buildings, activity areas, vehicular access, parking, pedestrian paths and bicycle travel.
1895

5.2.1.3 Building Orientation
Buildings within the Business Park area shall be designed to establish an attractive street character along the Specific Plan.

1. Provide a well-organized site plan that emphasizes pedestrian connectivity and attractive landscape areas for the public through the location and arrangement of buildings, circulation, and parking areas.

2. Buildings should be oriented to provide for an aesthetically pleasing streetscape edge along publicly visible edges including Euclid Avenue and Schaefer Avenue.

3. Building sides which are oriented to visible edges should provide more architectural detail and interest such as color blocking, material changes, windows, building wall offsets, pop-outs and architectural accent features to avoid long expanses of monotonous, blank, untreated walls.

4. Orient buildings towards street frontages to create an inviting public perimeter. Enhanced elevations shall be provided for buildings that front Euclid Avenue and Schaefer Avenue. 1896
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5. Provide visible pedestrian access to buildings from the street, parking areas, and perimeter sidewalks through signage, prominent architectural features, and landscape design.

6. Locate loading and storage areas away from streets when feasible, ensure adequate space for vehicle backing and maneuvering on-site, and provide adequate parking for loading vehicles so normal traffic flow is not impeded.

7. Orient and screen elements such as trash enclosures, loading bay doors, and service docks to minimize their visibility.

8. Locate service entrance to prevent conflict with front entry.

9. Place electrical rooms and transformers away from front entries and street views. 1897

5.2.2 Landscape Design
Conceptual landscape plans encourage durable landscape materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits. The following guidelines ensure that landscaping plans within the Specific Plan area will comply with City of Ontario Landscape Development Guidelines.

5.2.2.1 General Landscape Guidelines:

1. Landscape and irrigate all areas of the site not covered by buildings, structures, paving, or impervious surfaces.

2. Design and grade projects to direct storm runoff from building roofs and paved areas into swaled landscape areas for retention/infiltration. Landscape areas may be used for storm water basins and swales at no greater than 40 percent of the available landscape area and may not obstruct the mature root zone of required tree locations.

3. Provide shade for expanses of paving, except with the SCE easement areas, with irrigated shade trees located in appropriate areas where space permits to reduce the impacts of heat gain.

4. Design parking lot landscaping to reduce associated heat buildup, improve aesthetics, and integrate with on-site landscape and adjacent streetscape.

5. Use landscaping to aid in the screening and buffering of mechanical equipment, trash collection areas, loading docks and outside storage areas from public view.

6. Show utilities on plan and keep utilities clear of required tree locations. Coordinate with the landscape plans. Utilities such as backflow devices and transformers shall be screened using landscaping that provides at least 75 percent coverage. Backflow devices and transformers shall be located at least 5 ft. from hardscape to ensure space for landscape screening.

7. Prepare landscape plans that meet the requirements of the Landscape Development Guidelines and provide for the efficient use of water. Plants shall be selected and planted based upon their adaptability to the climate and topographical conditions of the project site.

8. Select drought-tolerant plants such as colorful shrubs and groundcovers, ornamental grasses and succulents, evergreen and deciduous trees, and species native to Southern California or naturalized to the arid Southern California climate.

9. Incorporate water conservation features in landscape and irrigation plans.

10. Place a landscape planter island every ten parking spaces single row and one for every five spaces double row. Planter islands shall be at least 5 ft. in width exclusive of curbs and the length of the abutting parking space. Planter islands shall include at least one tree on every four spaces, appropriate shrubs, and groundcover. Parking areas located within the SCE easement areas or behind screen walls shall not be subject to this provision.

5.2.2.2 Buffering and Screening
To alleviate the unsightly appearance of parking, loading and service areas, buffering and screening design features should be used to enhance the overall development. Any proposed entry gates shall be reviewed and approved by the City of Ontario Traffic and Transportation Division prior to installation.
1898
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5.2.2.2.1 Parking Lots

1. Buffer parking lots adjacent to and visible from public streets using a combination of architectural wing walls, buildings, decorative screen walls, evergreen hedges, and landscape buffers.

2. Use plants for screening that are a minimum of 3 ft. tall at the time of installation. 1899

5.2.2.2.2 Loading and Service Areas (Truck Courts)

1. Screen loading docks and truck parking areas visible from Euclid Avenue, Eucalyptus Avenue, and Sultana Avenue. Screening may include portions of buildings and/or decorative walls.

Landscaping and evergreen hedges shall be provided to soften screen walls.

2. Incorporate gated/screened entrances to loading areas into the overall architectural design of the development.

3. Design walls and fencing a minimum of 8 ft. high and a maximum of 14 ft. high, as measured from finished grade, to screen truck courts and hide views of the top of loading bays or trailers.

4. Utilize portions of a building, architectural wing walls, and/or landscaping to screen service areas.

5. Screen ground- and roof-mounted mechanical equipment from public view. Ground-mounted equipment shall be screened with decorative walls or landscaping. Building architecture shall be designed to screen roof-mounted equipment.

6. Ensure refuse containers are easily accessible by service vehicles yet screened from public view within the building’s façade or within a walled enclosure. 1900
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14'-0" MAX.

DECORATIVE

BANDING

LANDSCAPE
10'-0" LANDSCAPE BUFFER SCREENING
5'-0" SIDEWALK

MEANDERING

BIOSWALE

5.2.2.3 Walls and Fences
Walls and fences are an important design feature intended to both complement building and landscape architecture and provide functional elements. Any proposed entry gates shall be reviewed and approved by the City of Ontario Traffic and Transportation Division prior to installation and will be permitted only if approved.

Key provisions include:

1. Provide attractive, durable, and complementary wall and fencing materials consistent with the building design.

2. Offset and/or architecturally treat long expanses of wall surfaces along perimeter streets every 50 ft. with material changes, pilasters and posts, staggered walls, or landscape treatments to prevent visual monotony.

3. Soften the appearance of fencing with plants that reach the height of the wall or fence at maturity.

4. Construct sliding gates visible from a public street with tubular steel, vertical steel pickets, or high-density perforated metal screening painted to match or complement adjacent walls.

Interior gates not visible to public view may be galvanized steel or chain link.

5. Prohibit chain link fencing visible to the public.

5.2.2.3.1 Solid Walls
a. Solid walls shall not exceed 14 ft. in height unless expressly required in a sound study conducted by a qualified acoustic engineer.
b. Walls facing and/or viewed by the public spaces shall be decorative in nature. Approved materials include concrete tilt-up walls with a decorative banding or finish detailing, split face block or stucco.
c. Walls along perimeter streets in excess of 50 ft. long shall include a decorative pilaster or horizontal plane break every 50 ft.. d. Wall materials and colors shall match or be in harmony with adjacent buildings or architectural features.
1901

5.2.2.3.2 Perimeter Fencing
a. Perimeter fencing may be implemented along SCE easements, compatible land uses or where visual access is deemed appropriate.
b. Perimeter fencing shall consist of 6 to 8 ft. high tubular steel or aluminum fencing with or without vertical pickets. The maximum height of fencing installed along the SCE Easements within the interior of the Specific Plan area may be increased to 14 ft. to provide additional site security.
c. Perimeter fencing shall be black in color and appropriately treated to prevent rust. Alternative colors may be approved subject to approval by the Planning Director. 3'-0" 8'-0" MAX.
6" 6"
3"
8'-0" MAX.
6' TO 8'
4"

EQUAL SPACING
O.C. MAX

EQUAL SPACING

5.2.2.4 Lighting
Site lighting provides illumination for operations, safety, security, and ambiance in parking lots, loading dock areas, pedestrian walkways, building entrances, signage, and architectural and landscape features.

Key provisions include:

1. Choose lighting fixtures that complement the building architecture and promote consistency throughout the Planning Areas.

2. Install ground or low mounted fixtures to provide safety and convenience along pedestrian walkways, entrances, activity areas, steps, ramps, and special features.

3. Allow building-mounted accent lighting for general illumination, provided there is no light spill or distraction onto roadways or adjacent property. Plain shoebox or unshielded wall packs are not permitted.

4. Direct exterior lighting fixtures downward to avoid unnecessary light spill and glare.

5. Limit pole-mounted, building-mounted, or tree-mounted lighting fixtures to no more than 30 ft. in height to minimize light spill and glare.

6. Shield and direct pole-mounted lights away from public streets.

7. Ensure exterior lighting is consistent with the Chino Airport Land Use Compatibility Plan.

8. Design parking lot lighting to avoid placing fixtures in required tree locations. 1902
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5.2.2.5 Signage
Approval of a comprehensive sign program shall be required for development within the Specific Plan area. A sign program facilitates integration of signs with the overall site and building design to create a unified visual statement and provide for flexible application of sign regulations in the design and display of multiple signs.

Key provisions include:

1. Install an entry monument at the northeast corner of Euclid Avenue and Edison Avenue to identify the Ontario Ranch and the Euclid Mixed-Use Specific Plan areas. Entry monuments shall be designed in accordance with City of Ontario Traffic and Transportation Guidelines for monument placement.

2. Employ signage to identify a center and tenants within a center, direct vehicular traffic, and provide on-site way-finding for pedestrians.

3. Employ signage to give directions to loading and receiving, visitor parking, and other special uses.

4. Provide a unifying sign theme in developments with multiple users.

5. Coordinate signage with the building design, materials, color, size, and placement.

6. Select signage with backlit or internally illuminated individual channel letters. Can-type box signs with translucent backlit panels are discouraged.

7. Avoid covering significant architectural elements with signage.

8. Position flush-mounted signs with respect to architectural features and align with signs on other buildings to maintain a pattern.

9. Place street address signs perpendicular to approaching vehicular traffic.

10. Ensure signage located within a landscaped planter is not blocked or damaged by plant materials.

11. Conserve energy by utilizing an automatic illumination shut-off mechanism when businesses are closed.

12. Construct signs from high quality materials and avoid exposed wiring, ballasts, conduits, fasteners, raceways, or similar hardware.
1903

5.3 Mixed-Use Commercial/Office Guidelines
Euclid Mixed-Use Specific Plan allows for Commercial and Office developments within Planning Areas 3A and 3B along Euclid Avenue and Edison Avenue. These areas combine for approximately 19 acres and will be designed to create a place for surrounding residents to have access to shopping and employment opportunities nearby. Surrounding residents will have the ability to access services by foot, or ride their bicycles to work via pedestrian trails connecting the community to the overall Ontario Ranch and the rest of the City of Ontario.

The location of PA 3A and 3B along Euclid creates the opportunity for a major gateway monument.

This gateway will provide a sense of place for the Euclid Mixed-Use area and will establish a cohesive development design character defining the western City boundary. In order to maintain an overall character of Euclid Mixed-Use area, combining Business Park and Mixed-Uses, future commercial and/or office development is expected to be developed with a compatible and harmonious quality.

These Commercial/Office Design Guidelines will help direct the development of the area to enhance the pedestrian experience that positively contributes to the character of Euclid Mixed-Use Specific Plan area.

These guidelines are general in nature and are not intended to be strictly enforced rules, but as a tool in aiding the design process. Developers of future commercial and/or office projects will be required to submit Development Plans to demonstrate consistency with the Euclid Mixed-Use Specific Plan, including these Guidelines, for City approval.
1904
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5.3.1 Architectural Design

5.3.1.1 Guiding Principles
Guiding Principles for commercial/office design for Euclid Mixed-Use Specific Plan are:

Buildings should contribute to a qualitative nature of the overall neighborhood. • Proper scale and proportions in massing and details should be used • Pedestrian open spaces should be provided
• Massing and articulation should be varied
• Buildings shall be designed at a human-scale
Buildings should have an enduring quality.
• Design should draw inspiration from the rich and diverse Southern California architectural heritage • Materials and colors typical to Southern California should be used • Details and ornamentation should be authentic
• Design shall create an inviting place to shop and work 1905

5.3.1.2 Site Planning
Orientation
Buildings should be oriented for optimal visibility from the street. Windows and entries should face the street avoiding blank walls dominating public views. Stores with entries not visible from the street may be oriented towards pedestrian open space and all primary entries should face onto a street or a connecting walkway.

Building clusterings are recommended to help define parking lot areas and encourage walking between stores. Building entries and storefronts should be positioned close to one another to reduce walking distances between them.

Driveways and Sidewalks
The site shall be provided with an adequate number of driveways to facilitate circulation and also reduce the traffic impact along the surrounding arterials. Pedestrian crossing distances should be minimized at driveways. All driveways and sidewalks shall be constructed per City Standards and to the satisfaction of the City Engineer. No decorative paving will be allowed in the public right-of-way unless otherwise approved by the City Engineer.

Street Frontage and Buildings
Streetside buildings, or those with no parking separating them from the street, should use windows and entry features to soften the building’s appearance to the street.

Streetside Setbacks and Buildings
The sides of buildings along street edges shall be landscaped within the setback to soften the building’s appearance as well as designed with windows or design elements.

Refuse Containers, Utility and Mechanical Equipment
Refuse containers and equipment shall be easily accessed by service vehicles. They shall be screened from view of the streets, parking lots, and connecting walkways through roof forms, walls and/or landscaping.

Screening details should incorporate elements that are compatible to the architectural style of the buildings. Proper landscaping, including trellises, may also help to screen these elements. Equipment and enclosures shall not be located near pedestrian walkways. Roof-mounted equipment shall be screened by the roof/ parapet.

Sidewalks
Sidewalks shall be located along natural pedestrian travel paths. Public sidewalks should be a minimum of 5’ wide. All walkways shall be a minimum of 4 ft. wide and all walkways within developments in the Specific Plan area will comply withe ADA standards for accessibility. 1906
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5.3.1.3 Building Design
Massing
With larger buildings, appropriate massing becomes more important to maintain the human-scale of the development and create a visually pleasing environment. Bay windows, stepped buildings, height changes and setback variations between stores help to break up large buildings as well as indicate entries and store locations to customers. Tower elements or monumental features are encouraged at focal points, such as corners, plazas, major entrances, or where walkways meet streets.

Varying setbacks along the front façade of buildings are recommended to create small outdoor public spaces for pedestrians to gather and sit.

Roof Forms
Roof pitches shall be compatible to the architectural style of the buildings. Flat roofs should vary in height and be accompanied by cornice, trim or other accent features.

Arcades and Awnings
Outdoor arcades along store fronts are encouraged over pedestrian walkways. Arcades may be used to connect separate buildings providing a more pleasing experience for pedestrians. Trellises or awnings may also be used to create a covered walkway to protect pedestrians from the sun and rain.

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

No signs shall be placed in the public right-of-way and shall be in accordance with City standards regarding corner site distance.

Design Flexibility
Retail spaces exceeding 30,000 s.f. should be designed with the flexibility to be divisible into smaller retail spaces, should future market demand change.

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

Base and Top Treatments
Base and top treatments help to balance the “weight” of the building visually. Bases should appear to “ground” the building, while tops create a defined edge to the roofline. Possible treatment techniques are as follows:
1907

Base:
• Natural materials
• Enriched landscaping with a mature height of at least 18” • Pre-cast materials
• Other decorative, durable materials as approved by the City • Thicker walls
Tops:
• Cornice treatments
• Roof overhangs with brackets
• Stepped parapets
• Textured materials - Colored “stripes” are not acceptable as the only treatment.

Exterior Materials
Recommended materials include, but are not limited to stucco, exterior plaster, brick, wood siding, tile, pre-cast concrete or stone. Exterior materials that appear pre-fabricated are not recommended.

Selected materials and detailing should have an enduring appearance. Foam products should be avoided at the pedestrian level.

Roof Materials
Roofing materials that are generally acceptable include standing metal seam, concrete tile, tile and slate or slate-like materials. Asphalt or wood shingles are prohibited.

Colors
Color selection shall be consistent with the selected architectural style. 1908
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5.3.2 Landscape Design
The Mixed-Use area of the Euclid Mixed-Use Specific Plan will be developed both architecturally and through landscape treatments to create a distinct community character and to ensure a cohesive aesthetic with the Business Park areas of the Specific Plan. The land plan encourages integration of the Business Park and Mixed-Use areas by providing for a consistent landscape treatments along the frontage on Euclid Avenue and Edison Avenue, while also incorporating a major gateway monument.

5.3.2.1 Minimum Landscape Requirements

1. Builder/developer shall refer to City of Ontario standards for the percentage of gross commercial site acreage required to be landscaped.

2. All areas of the site not occupied by buildings, parking or otherwise utilized shall be landscaped with groundcover, turf or tree materials from the community plant list.

3. Appropriate street trees should be utilized adjacent to street frontage integrating the site into the overall community setting.

4. Side yard and rear service yard use areas should be screened with a combination of a 6 ft. wall and dense landscape buffer. Tubular steel fencing and gates should be used adjacent to interior residential streets to control access points.

5. Accent tree entry planting should be incorporated at the site’s vehicular access points.

6. No shrubs higher than 3 ft. and no tree canopy lower than 7 ft. as to allow officers on patrol the ability to view the business.

7. Plants by low-lying windows may have thorns as a deterrent. 1909

Parking Areas
• Where a parking lot contains 10 or more parking spaces and is visible from a street, no less than 10% of the total area (excluding any perimeter landscaping), shall be landscaped. Such landscaping shall not be concentrated in any one location. A minimum of 50% of the plant material shall be canopy or shade trees and shrubs shall be 3 ft. high or less to provide clear visibility. • All rows of parking spaces shall be provided with landscape islands at each row terminus to protect parked vehicles, ensure visibility, confine moving traffic to drive aisles and driveways, and provide space for landscaping. Within each row of parking spaces, landscape islands shall be placed one for every 10 spaces a single row and one for every 5 spaces double row to prevent more than 10 vehicles from being parked side-by-side in an abutting configuration. These landscape islands shall measure a minimum of 5 ft. in width, exclusive of curbs. Creation of large planting islands (tree groves) are encouraged as opposed to small pockets of individual trees. • Planter islands for a single row of parking spaces shall be landscaped with at least one (1) tree for every 4 spaces and vegetative groundcover or turf. Planter islands for a double row of parking spaces shall contain not less than two (2) trees and vegetative groundcover or turf. • Landscaped areas shall be delineated with a concrete curb which may have curb cuts to facilitate sheet flow runoff from parking lots to infiltrate the landscape planters. • Parking area landscaping is required for the screening of large parking areas to limit their visual impact.
• When parking is located adjacent to a public street or interior residential street, a combination of landscaped berms and/or planting totaling 3 ft. high is to be used to screen views of parked cars. • Wherever possible, pedestrian traffic should be separated from vehicular traffic by additional sidewalks. The parking lot should have crosswalks highlighted with decorative or varied texture paving.

5.3.2.2 Landscape and Open Space Design
Landscaping
Landscaping helps to soften the feel of the buildings and parking lot, while enhancing the visual aspect of the site. The following landscaping techniques may be used:
• Provide special landscaping treatment at all project and building entries. • Provide shade/canopy trees within parking areas.
• Use plants to define outdoor spaces such as along edges, outdoor plazas, or pathways between parking and building entrances.
• Plantings shall provide a continuity of form across the entire project.

Site Accessories
Site accessories, such as recycling bins, bike racks, litter cans, planters, benches and transit shelters, should use materials and have an architectural character consistent with the overall project. These accessories should be graffiti-resistant with materials that are easy to clean and paint. 1910
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Connecting Walkways
Walkways within commercial and/or office areas of the Specific Plan shall connect the various buildings to each other and to the sidewalks along adjacent arterials. Use of trellises, landscaping, seating areas and building placement adjacent to one another will encourage pedestrian activity within retail areas. A typical walkway shall be a minimum of 6’ wide. In large parking lots, pedestrian walkways shall be provided within the median of at least 1 parking aisle for 8 aisles of 20 stalls or more.

Pedestrian walkways that may also be used for emergency access must allow minimum clearance of 26’ wide and 14’ vertical clearance. Off-site connections shall be provided from the neighborhood center to Euclid Mixed-Use’s residential development.

Outdoor Storage Areas
Outdoor storage areas should be incorporated into the design of a project to avoid visual impacts on the site. Outdoor storage areas shall be located away from the street, behind or to the side of buildings. Walls and landscaping shall be used to screen stored materials. Materials placed in front of buildings are not permitted.

Transit Shelters
Transit shelters should be incorporated into the design of neighborhood center. The design of transit related structures shall be integrated architecturally with the project through its color, materials and architectural style. Walkways shall be provided for easy accessibility by pedestrians moving to and from transit stops to the Neighborhood Center.
1911

Fence and Wall Design
Except for security fencing adjacent to the SCE easements, chain-link fencing, barbed wire, corrugated metal fencing and tennis windscreens are not permitted. Fences and walls should be built with attractive, durable materials, including (but not limited to) wrought iron, textured concrete block, or formed concrete with reveals. Fences or walls should be consistent with architectural style, materials and designs used throughout the project.

Perimeter walls and fences constructed with commercial or office development adjacent to residential areas within the MIxed Used District shall not exceed a maximum height of 6 ft. unless required for noise attenuation or visual screening and approved by the Planning Director.

Walls over 6 ft. tall shall be an enhanced material/finish such as textured block/block patterns, enhanced textured or sculpted concrete walls or similar enhancement.

Along streets, walls and fences should not exceed 36” in height and long expanses of uninterrupted fences and walls should be avoided. Use of openings, planter boxes, material changes, pilasters or posts are acceptable. Openings shall be provided to connect walkways directly to the street avoiding long, inconvenient walking paths. These pedestrian portals should be announced by pilasters, trellis, special landscaping, or other features.

Lighting
On-site lighting standards shall provide adequate illumination throughout the site during the nighttime hours. Lighting fixtures shall be designed to be compatible with the architectural styles selected for the project. All light standards should have an attractive base and top.

Along pedestrian walks, lighting fixtures should not exceed 12’ in height and may include lighting within bollards. Pedestrian lighting shall provide appropriate illumination at a human scale without too much glare. Lighting within larger parking lots shall not exceed 25’ in height, providing enough visibility for customers and employees to walk safely to their vehicles. The same bulb type shall be used for all parking lot and pedestrian lighting fixtures within the development. Service area lighting should be positioned, so no bulbs can be seen from public view. Any street light within the public right-of-way shall be per City standards and to the satisfaction of the City Engineer. 1912
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5.4 Mixed-Use Residential Guidelines
The residential design concept for Euclid Mixed-Use seeks to blend the traditional architectural styles found in the surrounding region with contemporary lifestyles, building methods, technologies and materials. The specific architectural influences selected as appropriate for The Euclid Mixed-Use Specific Plan include Adaptive Spanish, Transitional Farmhouse and Modern Contemporary styles. The design aspects of each of these styles will be further described in the following guidelines.

5.4.1 Architectural Design

5.4.1.1 Guiding Principles
Guiding Principles residential design for Euclid Mixed-Use Specific Plan are:

1. Reinforce a unique and interesting architectural heritage as the community develops

2. Ensure compatible and complementary styles, colors, materials and detailing

3. Establish massing, setbacks and articulation which are appropriate and fundamentally sound

4. Create a neighborhood that effects historical relevance and timelessness

5. Provide design criteria that is adaptable and flexible to changing market desires

5.4.1.2 Architectural Influences
There are three Architectural Influences in the Mixed-Use Specific Plan:

1. Adaptive Spanish

2. Transitional Farmhouse

3. Modern Contemporary

4. Art Deco
1913

Adaptive Spanish
History and Character:

The Adaptive Spanish style is an expression of historic European regional and Southwest American architectural styles. The design incorporates the simple massing and forms of Spanish estates and the simple forms such as arches, curved walls and recessed openings to emphasize the clean lines and simple detailing, typical of modern building design to develop more contemporary interpretation that reflects Southern European influences. This style includes interpretations of Spanish, Monterey, and Santa Barbara architecture.

General Attributes:
– Simple building massing to reinforce the intended historic style. – Large simple hip and gable roofs with mission tile. Accent parapet/flat roofs allowed. – Smooth stucco finish with deep recesses or pop-outs.
– Square or vertically proportioned windows with simple or no trim details. – Light exterior building colors with contrasting details such as wood trim/fascias, window frames, and doors.
– Simple accents such as extended rafters, window shutters and wrought iron details. 1914
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Transitional Farmhouse
History and Character:

The Transitional Farmhouse style is an interpretive style based upon early American architecture.

The design inspiration uses modern building forms and construction materials to develop more contemporary designs to reflect the character of a typical Midwestern town from an simpler time period. The Transitional Farmhouse style incorporates clean lines and simplified architectural detailing to reinforce the intended aesthetic character. This style includes interpretations of Colonial and American Traditional vernaculars.

General Attributes:
– Vertical building massing to reflect historic building forms. – Simple gable roof planes, including symmetrical and asymmetrical forms/pitches and limited flat roofs.
– Flat roof tile or architectural shingle roof materials. – Horizontal or vertical siding or stucco finish with limited masonry accents. – Predominately vertically proportioned windows with simple or trim. Decorative window shutters. – Contrasting exterior building shades with accented details such as fascias, shutters, window frames, doors and gable detailing.
1915

Modern Contemporary
History and Character:

Modern or contemporary design integrates traditional concepts about residential design with a revivalist interpretation, using current construction materials to develop more functional designs that reflect the surrounding climate and environmental considerations such as solar aspect, etc.

Modern Contemporary architecture uses horizontal building proportions with vertical accent forms. This style incorporates minimal ornamentation and clean, simplified architectural detailing.

This style includes contemporary architecture such as International, Mid Century Modern and Art Deco interpretations.

General Attributes:
– Building massing to reinforce the intended period style. – Large simple roof planes, including asymmetrical roof forms and limited flat roofs. – Horizontal siding or smooth stucco finish.
– Square or vertically proportioned windows with simple or no trim details. – Light exterior building shades with contrasting details such as wood trim/fascias, window frames, doors and simple window shutters.
– Wall plane breaks and massing forms with accent materials. – Utilize window accents such as awnings and window framing to add visual interest and shade. 1916
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Art Deco
History and Character:

The Art Deco style, including the Moderne style, became popular in the mid 1920’s, combining elements of contemporary architecture with elements of the decorative arts movement.

This design, utilized a repetition of building massing and fenestration using form and decorative patterns. Art Deco architecture uses strong colors and geometric shapes with accenting vertical forms and utilizes clean, simplified architectural detailing. This style includes contemporary sub-styles such as such as Art Moderne and Streamline styles.

General Attributes:
– Symmetrical building massing and aerodynamic forms to reinforce the intended character. – Narrow, simple building cap elements or curved roof forms, including projecting roof forms and the use of flat roofs.
– Accent siding or decorative panels or smooth stucco finish. – Predominantly vertically proportioned windows with simple or no trim details. – Bold exterior accent colors on muted building with contrasting highlighted elements such as metal trim/fascia detailing, simple window and door frames and use of glass block. – Wall plane breaks and massing forms with accent materials. – Horizontal window canopies used to add visual interest and horizontal elevation changes. 1917

5.4.1.3 Building Design
Massing
Building massing shall be appropriately scaled to the sensitive surrounding uses. The composition of the building mass shall include the incorporation of one and two story elements into three to five story buildings, variable setbacks along building elevations to minimize large unarticulated building façades, and the development of four-sided elevations through articulation and detailing.

Roof Forms
Roof forms are critical in creating interest to the building mass. Roof forms and material finishes help blend the structures into the landscape through shadow patterns, texture, color variations and visual interruption of vertical walls and planes. Visible roof forms, lines and ridges should be varied.

Architectural features, materials and roof pitches should be consistent with each style.

Window and Doors
The window treatment should be consistent with the style of architecture. Appropriate window treatments such as recessed windows, windows with divided lights/multi-paned windows, rectangular or arched forms should be incorporated into all visible primary windows to reinforce the building character.

Window sizing and scale must be consistent with the architectural character and building massing.

Decorative elements such as shutters should be properly sized to the window opening. 1918
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5.4.2 Landscape Design
Residential Landscape Design Guidelines describe the key elements of the proposed landscape treatments for residential development within the Euclid Mixed-Use Specific Plan area, which will develop over several years. These guidelines will help maintain a consistent design theme in a high quality, visually attractive and resource efficient framework.

The objectives of these Landscape Design Guidelines are:

1. To provide guidance to developers and builders, as well as to engineers, architects, landscape architects and other professionals, as to the quality and character of the landscape treatment within the Euclid Mixed-Use Specific Plan.

2. To assure the City of Ontario that Euclid Mixed-Use area will develop in accordance with the guidelines provided herein.

3. To provide guidance to City decision makers in the review of future residential development projects in Euclid Mixed-Use Specific plan.

4. To provide guidance in formulating Covenants, Conditions and Restrictions.

These Landscape Design Guidelines are intended to be flexible and are, therefore, illustrative in nature.

As a flexible document, the guidelines can, over time, accommodate changing community desires, economic conditions and the marketplace.

5.4.2.1 Minimum Landscape Requirements

1. Landscaping in public areas should reflect the overall design character and landscape treatment to reinforce a comprehensive and unified “sense of place” and quality of appearance established by the Euclid Mixed-Use Specific Plan and these Guidelines.

2. All City maintained landscaping shall be consistent with the City of Ontario Landscape requirements and the Ontario Ranch Streetscape Master Plan.

3. Private streets, drives and common landscape areas shall be consistent with the City Of Ontario landscape requirement and this Specific Plan.

4. Private streets and drives within residential neighborhoods where garages and parking stalls do not front onto the drive shall be designed to accommodate pedestrian accessibility. A 4 ft. minimum landscaped parkway should be provided along unloaded private streets and drives where walkways occur.

5. Landscaped areas should be designed to be as water-efficient as possible and shall be irrigated with automatic systems using recycled water.

6. Turf areas should be limited to open areas such as gathering spaces or play areas and should not be used in landscape parkways and slope areas.

7. Parking areas shall provide a minimum 9 ft. wide planting island to allow for the long term sustainability of appropriate tree species.

8. Trash enclosures shall be located with minimum 5 ft. wide planting areas to allow for vertical shrubs/hedges to soften the enclosure walls.
1919

5.4.2.2 Common Area Landscape Design
Landscape design is an important element within residential neighborhoods. Landscaping helps to soften walls and building edges and enhances and reinforces the overall architectural character of the neighborhood. Landscaping design should accentuate building entries, identify walkways and support wayfinding and accessibility to open space and amenities, provide shade for walkways and parking areas and provide a visual continuity within the neighborhood and the surrounding uses in and around the Euclid Mixed-Use Specific Plan area.

Neighborhood Connectivity
Connectivity between residential neighborhoods and other compatible uses within the Euclid Mixed -Use Specific Plan should be encouraged at a pedestrian level and should also consider bicycles and other non-vehicular modes of travel. Pedestrian walkways should be designed to be safe and efficient and should be shaded by trees wherever feasible.

An SCE easement (PA 5) extends in an East/West direction through the Specific Plan area separating the Business Park District and the Mixed-Use District. This easement may provide an opportunity for additional pedestrian and bicycle connectivity within the Euclid Mixed-Use Specific Plan area.

Parks/Open Space
Residential developments within the Euclid Mixed-Use Specific Plan shall provide park areas for recreational amenities on-site and also provide private open space for each unit. • On site parks will be provided to meet the needs of future residents. A minimum of 2.0 acres/1000 residents shall be provided within the residential neighborhood per The Ontario Plan. • Onsite parks shall be at least 0.25 acres in size with a minimum dimension of 30 ft. wide. • Parks and recreational amenities shall be designed to be visible from internal streets. Residential units should be oriented to face “eyes” onto parks and common open spaces. • Private open space shall be provided for all residential units:
– Ground floor units with patios shall be required to provide 140 s.f. of private open space per unit with a minimum dimension of 5 ft..
– Units on upper floors and ground floor units without patios shall provide a minimum of 50 s.f. of private enclosed open space such as a courtyard or balcony with a minimum dimension of 5 ft.

Parking Areas
Resident and guest parking should be conveniently located within each individual neighborhood.

Parking areas should be softened with landscaping and shaded by trees to enhance the aesthetic character and reduce heat gain associated with paved areas. • Residential parking lots shall be designed to screen parked cars from adjacent public streets.

Acceptable screening methods include any combination of decorative walls, landscape berms and evergreen plant material.
• Parking spaces shall be limited to 8 or less spaces in a row. A landscape planter shall be installed to accommodate a shade tree in parking areas.
1920
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• Landscape planters should be provided at cross-walk locations. • Pedestrian accessibility and connectivity should be facilitated within parking areas. Decorative paving should be utilized at crosswalks and where walkways and parking driveways intersect.

Fence and Wall Design
Community fences and walls are design features which can help unify the landscape character within a planned area. Perimeter community fences and walls within the Euclid Mixed-Use Specific Plan shall reflect a design aesthetic that will coordinate the varied uses allowed in the Business Park and Mixed-Use Districts. Community walls and accent pilasters will utilize colors and material that are compatible with the Gateway monuments. Community pilasters will mirror the simple forms, durable materials and clean lines and details of the Gateways. Within the Specific Plan area, all visible perimeter walls within the Mixed-Use District shall be consistent with the approved Community Wall detail below. Interior residential walls should be compatible in design and color of the overall wall treatment within the Euclid Mixed-Use Specific Plan area.

Community Fences will be tubular steel with a simple vertical picket design with a top rail and minimal ornamentation per the Community Fence detail below. The fence color will be compatible with the approved Community Pilasters. See Community Pilaster detail below. 1921

Landscape Lighting
Landscape and other exterior lighting within the Euclid Mixed-Use Specific Plan shall be designed to be compatible and reflect a unified design character. Landscape lighting in residential neighborhoods should reflect a contemporary design and maintain a uniformity in style material and color.

Direction signs and address signage shall be back-lit or directly illuminated. All walkways and open space areas will be illuminated to provide a safe and inviting experience for pedestrians. Pathway lighting shall be low voltage.
1922
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6. SPECIFIC PLAN IMPLEMENTATION
This section of the Specific Plan summarizes the process for implementation of the Euclid Mixed-Use Specific Plan and provides for the orderly development of the Specific Plan area.

6.1 Applicability
The provisions, guidelines, and regulations contained within this Specific Plan provide the standards for land uses and development within Euclid Mixed-Use Specific Plan area. The Specific Plan supersedes the development standards and regulations of the Ontario Development Code, unless stated otherwise in this document. Whenever the provisions development standards and regulations of the Specific Plan conflict with those of the Ontario Development Code, the Specific Plan shall take precedence. Where the Specific Plan is silent, the Ontario Development Code shall apply.

6.1.1 Definition of Terms
The definitions of terms used within the Specific Plan shall mean the same as the Ontario Development Code, unless otherwise noted.

6.2 Severability
The Specific Plan serves as the implementation tool for the City’s Policy Plan (The Ontario Plan). In the event that any provision of this Specific Plan or its application to any person or circumstance is held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct and independent, and shall not affect the validity of the remaining provisions of this Specific Plan or applications thereof, which can be implemented without the invalid provision or application.

6.3 Interpretation
If a condition or situation occurs that is not sufficiently covered or provided for in this Specific Plan, those that are applicable for the most similar issue, condition, or situation shall be used. Any interpretation of a condition or situation concerning the content or application of the Specific Plan shall be resolved by the City Planning Director in a manner consistent with the goals, policies, objectives, and intent established in the Specific Plan.

6.4 Consistency with Other Plans and Regulations
This sub-section discusses consistency of the Specific Plan with other relevant plans and regulations including The Ontario Plan, Ontario International and Chino Airport Compatibility Plans, State of California building Codes and CEQA.

6.4.1 Consistency with The Ontario Plan
No land use, activity, or facility shall be permitted that is inconsistent with the objectives, policies, general land uses, and programs of The Ontario Plan, as amended. The Euclid Mixed-Use Specific Plan entitlement application proposes land use designations of Business Park and Mixed-Use development consistent with The Ontario Plan 2050.
1923

6.4.2 Consistency with Airport Land Use Compatibility Plans Projects located within the Specific Plan area are subject to the restrictions and provisions of the Airport Land Use Compatibility Plans prepared for Ontario International Airport and Chino Airport.

6.4.3 Consistency with California Building Code
Projects located within the Specific Plan area must comply with the State of California Building Code as adopted and implemented by the City of Ontario.

6.4.4 Consistency with CEQA
The City of Ontario is defined as the lead agency under the California Environmental Quality Act (CEQA) based upon its authority to approve this Specific Plan. Concurrent with approval of this Specific Plan, the City Council will be required to certify the associated Environmental Impact Report (EIR), including a Mitigation Monitoring and Reporting Program to ensure that all approved EIR mitigation measures are implemented. The Planning Director shall be responsible for confirming that mitigation measures have been implemented through each project’s approved plans.

6.5 Specific Plan Revisions
It is recognized that modifications to the text or exhibits of this Specific Plan may be warranted in the future to accommodate unforeseen conditions or events. Revisions shall be processed in a manner prescribed by the City of Ontario Planning Department pursuant to the provisions in this section.

6.5.1 Minor Modifications
Minor modifications to the Specific Plan will be processed administratively without the submission of a formal Specific Plan Amendment application and will not require a public hearing or review by the Planning Commission. The Planning Director shall have the authority to review and make a determination of approval, approval with conditions, or denial of a request for minor modification to the Specific Plan.

The Planning Director may, at his/her discretion, refer any such request to the Planning Commission or the City Council.

Minor modifications are defined as:

1. Expansions or reductions to a Planning Area boundary or acreage, provided that the total acreage within each affected Planning Area is not modified by more than 20 percent.

2. An increase in maximum building area for single- and multi-tenant buildings of up to 15 percent, provided that the maximum square footage for the Planning Area established by this Specific Plan is not exceeded.

3. A modification of up to 20 percent of a project’s required minimum lot area, minimum lot dimensions, or setback if compatible with the surrounding land uses and consistent with the overall design character of the Euclid Mixed-Use Specific Plan.

4. Additions, deletions, or modifications to Table 4.1, Allowable Uses, which lists the permitted and conditionally permitted uses in the Specific Plan area, provided the Planning Director determines the changes to be consistent with the objectives and intent of the Specific Plan. 1924
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5. Minor modification of conceptual design criteria for architectural features and materials, landscape treatments, lighting, signage, and sustainable design strategies.

6. Revisions to roadway alignment when the change results in centerline shift of less than 250 ft.

7. Revisions to infrastructure facility sizing and precise location for dry utilities, water, sewer, and Storm Drain improvements subject to approval of the City Engineer.

8. Changes to the Phasing Plan, provided infrastructure is available to serve the phase as determined by the City Engineer.

9. Revisions to exhibits in the Specific Plan that do not substantially change its intent or character and modifications to the Specific Plan text to those listed above, which are deemed minor by the Planning Director and conform to the purpose and intent of this Specific Plan and The Ontario Plan 2050.

10. Any modifications to land use, planning areas, densities, or infrastructure that does not result in an increase to water demands in any single water pressure zone or an increase in sewer wastewater generation in any single sewer tributary subarea.

11. Revisions to Land Uses within the Specific Plan area to allow consistency with TOP Land Use Plan updates.

6.5.2 Specific Plan Amendments
Proposed changes to this Specific Plan that do not meet the criteria for a Minor Modification will be subject to a formal Specific Plan Amendment application process pursuant to the Ontario Development Code and California Government Code Section 65450. If the proposed amendment requires supplemental environmental analysis pursuant to CEQA, the applicant will adhere to the City’s adopted procedures and CEQA Guidelines.

6.6 Subdivision Maps
Development within the Specific Plan area may require the processing of tentative and final tract or parcel maps and/or lot line adjustments or mergers. Subdivision maps and lot changes shall be reviewed and approved pursuant to the Ontario Development Code and other applicable City codes and regulations, California Government Code Section 66410 (Subdivision Map Act), as well as the provisions of this Specific Plan.

6.7 Development and Land Use Review Procedures
Review procedures for development and land use within the Specific Plan area shall be as provided in this Specific Plan and in accordance with the Ontario Development Code.

6.7.1 Development Plan Review
Development proposed within the Specific Plan area will be subject to Development Plan review pursuant to the Ontario Development Code. The review is intended to ensure compliance with the provisions of this Specific Plan, protect the integrity and character of the physical composition of the City, and encourage high quality development.
1925

6.7.2 Conditional Use Permit
A Conditional Use Permit is required for uses deemed “conditionally permitted” in Table 4.1 (Allowable Uses). Applications for a Conditional Use Permit will be processed pursuant to the Ontario Development Code.

6.7.3 Administrative Use Permit
An Administrative Use Permit is required for uses deemed “administratively permitted” in Table 4.1 (Allowable Uses). Applications for an Administrative Use Permit will be processed pursuant to the Ontario Development Code.

6.7.4 Appeals
Appeals of decisions of the Development Advisory Board, Zoning Administrator, Planning Director or the Planning Commission regarding implementation of this Specific Plan may be made by the applicant or other aggrieved party pursuant to Division 2.04 of the Ontario Development Code.

6.8 Development Agreement
Approval of a statutory development agreement authorized pursuant to California Government Code Section 65864 et seq. is required by this Specific Plan. The Development Agreement shall include, but not be limited to, methods for financing, acquisition, and construction of necessary infrastructure. The Development Agreement shall be fully executed prior to recordation of the first Final Map.

6.9 Specific Plan Phasing
Implementation of this Specific Plan is anticipated to occur in two phases, as discussed in Section 3.11, Phasing Plan:
• Phase 1: Construction of Planning Areas 1, 2 and 3A.
• Phase 2: Construction of Planning Area 3B.

These phases may be developed as sub-phases and/or occur sequentially/concurrently with one another.

All of the Specific Plan required infrastructure by Section 3.3 (Figure 3.10) for Potable Water, Section 3.4 (Figure 3.12) for Recycled Water, and Section 3.5 (Figure 3.14) for Sewer Phasing will be determined per separate Development Agreement.

6.9.1 Phasing Objectives
Development phasing shall meet the following objectives:

1. The orderly build-out of the project based upon market and economic conditions;

2. The provision of adequate parking, infrastructure, and public facilities concurrent with the development of each phase; and

3. The protection of the public health, safety, and welfare. 1926
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6.9.2 Findings for Modification of the Phasing Plan
The Planning Director shall have the authority to approve modification of the Phasing Plan, subject to the following findings:

1. The modification is consistent with the Policy Plan (The Ontario Plan);

2. The modification will not adversely affect the implementation of the Specific Plan;

3. The modification will not be detrimental to public health, safety, and general welfare; and

4. The modification will not delay the construction of infrastructure improvements necessary to serve the development.

6.10 Maintenance Plan
Final determination of maintenance responsibilities for the public and private improvements constructed in association with this Specific Plan shall be specified in the approved Development Agreement, which shall be executed prior to recordation of the first Final Map. However, it is anticipated that maintenance shall be generally shared by three entities as described below and outlined in Table 6.1, Maintenance Responsibilities.

6.10.1 City of Ontario, Community Facilities District & other Special District The establishment of a community facilities district, landscape and lighting district, or other special district to fund the maintenance of public facilities shall be at the City’s discretion. It is anticipated that public maintenance shall include the following:

1. Right-of-way for public streets, sidewalk, landscape, and traffic signals within the Specific Plan area (Euclid Avenue, Schaefer Avenue, Edison Avenue and Sultana Avenue) shall be dedicated to the City of Ontario per the provisions of this Specific Plan (Section 3, Development Plan) and as approved by the City Engineer.

2. Landscape improvements and public street lights within the public right-of-way and neighborhood edge shall be maintained through a landscape and lighting district or other special maintenance district established by the City.

3. The City shall maintain off-site infrastructure improvements, including water, recycled water, sewer, Storm Drain facilities and city broadband communications after they are accepted by the City.

4. The City shall maintain NPDES facilities located within the curb-to-curb area of public streets after they are accepted by the City. Operation and maintenance requirements for NPDES storm water runoff source control and treatment control Best Management Practices shall be identified in the approved Water Quality Management Plan for the project. 1927

6.10.2 Property Owners Association
A Property Owners Association (POA) shall be established for the maintenance of common areas, including such improvements as on-site landscape areas and parking and drive aisles within Euclid Mixed-Use. It is anticipated that improvements maintained by the POA will include the following:

1. Driveways;

2. On-site open spaces, on-site landscape areas, common areas, parking lots, and walkways;

3. Landscaping within setback/landscape buffer areas along Sultana Ave;

4. NPDES facilities within landscape setbacks and on-site common areas;

5. Property identification signage and architectural elements located within the landscaped buffer; and

6. Fencing and walls, including graffiti removal.

7. Water, sewer, recycled water facilities and Storm Drain facilities located on-site shall be constructed by the developer and are considered privately owned and maintained by property owners or Property Owners Association, however the Property Owners Association shall maintain permanent on-site water quality basins, trenches, swales and biotreatment filters required by the San Bernardino County MS4 Permit and Water Quality Management Plan.

AREA OF RESPONSIBILITY CITY OF SPECIAL

DISTRICT

PROPERTY
OWNERS

ASSOCIATION

UTILITY
Master Planned Roadways: Euclid Avenue, Schaefer Avenue and Edison Avenue Curb-to-curb improvements X
Behind the curb improvements - landscaping within the public right-of-way (parkways), sidewalks and neighborhood edge X Other Improvements
Traffic Signals and Traffic Control Signs on public streets X Streetlights in the public right-of-way X
Drive aisles X
On-site parking areas X
Common open space X
Landscaping within setback/landscape buffer areas X
Monument signage X
Walls and fences X
Stormwater drainage/water quality control facilities within the curb-to-curb area of public streets X
Stormwater drainage/water quality control facilities behind the curb X
Water, recycled water, and sewer infrastructure in the public right-of-way X
Dry utilities: electricity, natural gas, communication systems X TABLE 6.1 MAINTENANCE RESPONSIBILITIES
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7. CONSISTENCY WITH THE ONTARIO PLAN
California Government Code (Title 7, Division 1, Section 3, Article 8, Section 65440- 65457) permits the adoption and administration of Specific Plans as an implementation tool for elements contained within a jurisdiction’s local General Plan. Approval of the Euclid Mixed-Use Specific Plan is based on the finding that the regulations, guidelines, and programs contained within this Specific Plan are consistent with The Ontario Plan. The Ontario Plan establishes the direction and vision for the City of Ontario and provides a single comprehensive document to shape its future. The Ontario Plan provides for policies to accommodate change over its 30 year lifespan. The Ontario Plan consists of a six part Component Framework: 1) Vision, 2) Governance Manual, 3) Policy Plan, 4) City Council Priorities, 5) Implementation, and 6) Tracking and Feedback.

The following sections demonstrate how the Ontario Ranch Mixed-Use Specific Plan implements the goals and policies of the City’s Policy Plan (General Plan).

7.1 Land Use Element
GOAL LU-1:

A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.

Policy LU-1.1 Strategic Growth
We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City. (Link to Mobility Element Policies M2-M-2.1, M3-M-3.3; Community Design Element Image and Identity Section; Community Design Policies CD-3.1, CD-3.3, CD-3.6)
The Euclid Mixed Use Specific Plan encourages concentrated development including high density residential neighborhoods, office and business park employment uses and retail and mixed use centers along major arterial roadways where future transit stops, multi-use trials and bikeways are planned.

The Design Guidelines in Section 5 encourage site planning criteria and architectural standards to create a unique and cohesive aesthetic character for the project area.

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

The Euclid Mixed-Use Specific Plan encourages the efficient use of energy resources in design, product selection, and operational techniques. The Design Guidelines in Section 5 address lighting, bicycle parking, sustainable landscaping, and sustainable design strategies. Landscape provisions 1929

require the use of native drought resistant vegetation and shade trees to conserve water and reduce heat islands. The sustainable design strategies include design and construction of energy efficient buildings to reduce air, water, and land pollution and environmental impacts from energy production and consumption. Protecting water quality, reducing runoff, and reducing water demand for landscaping are promoted in the Development Plan in Section 3 through the recycled water plan and storm drainage facilities source control and treatment practices.

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

The Euclid Mixed-Use Specific Plan establishes a Phasing Plan that has been coordinated with affected infrastructure providers and ensures that uses on the project site will be adequately served. The Specific Plan requires infrastructure development to occur in a timely manner. Potable and recycled water, sewer, fiber optic communications, and storm drain infrastructure improvements that will ultimately serve the Specific Plan area are addressed in Section 3, Development Plan. Infrastructure and services will be consistent with City of Ontario infrastructure master plans and the approved development agreement.

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

The Euclid Mixed Use Specific Plan requires the construction of multi-purpose trails along Euclid and Schaefer Avenues and public accessible sidewalk along Euclid, Schaefer and Sultana Avenues and Edison Avenue. These improvements are integral elements to create accessibility and mobility within the project site and surrounding area. The Specific Plan requires the location and construction of transit turnouts within the Specific Plan area.

Policy LU-1.5 Jobs-Housing Balance
We coordinate land use, infrastructure, and transportation planning and analysis with regional, county, and other local agencies to further regional and subregional goals for jobs-housing balance. (Link to Community Economics Element Policy CE-1.1; Mobility Element Policy M-1.6).

The Euclid Mixed Use Specific Plan requires all infrastructure needed to develop the property to be constructed per The City approved master plans as indicated in Section 5 of the Specific Plan. The Land Use Plan allows for up to 466 housing and a variety of employment generating land uses totaling over 1,676,886 S.F.to encourage a balance of jobs and nearby housing.

Policy LU-1.6 Complete Community
We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers, and visitors have a wide 1930
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spectrum of choices of where they can live, work, shop and recreate within Ontario. (Link to Community Economics Element Complete Community Section; Community Design Element Urban, Mixed Use, and Transit-oriented Place Types Section).

The Euclid Mixed Use Specific Plan allows for up to 466 housing and over 1,676,886 S.F. of employment generating land uses to accommodate the design of a complete community with a balance of uses to allow a spectrum of choices for future employers, employees, residents and visitors. The allowable land uses will allow for a balanced plan to support Ontario residents in all stages of life.

GOAL LU-2:

Compatibility between a wide-range of uses and resultant urban patterns and forms.

Policy LU-2.3 Hazardous Uses
We regulate the development of industrial and similar uses that use, store, produce or transport toxic substances, air emissions, other pollutants or hazardous materials. (Link to Safety Element Hazardous Materials & Waste Section, including Policies S-6.4 and S-6.5).

Uses within the Euclid Mixed-Use Specific Plan are required to comply with federal, state, and local regulations pertaining to the use, storage, disposal, and transportation of hazardous materials, toxic substances, and other pollutants.

Policy LU-2.5 Regulation of Uses
We regulate the location, concentration and operations of uses that have impacts on surrounding uses.

The Euclid Mixed-Use Specific Plan land use plan contained in Section 3, Development Plan, utilizes the Business Park designation (Planning Area 1 and 2) and Mixed-Use designation (Planning Area 3) to buffer varied existing land uses located across Euclid Avenue within the City of Chino. Section 4, Land Use and Development Standards, restricts Planning Area 1 and 2 to smaller buildings along the Euclid frontage. Furthermore, the conceptual site plan for the business park places truck traffic ingress and egress and visible loading docks away from the existing residential uses.

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

The Euclid Mixed-Use Specific Plan design guidelines (Section 5) are intended to support high-quality development that complements the surrounding community. Landscaped areas and drive entrances will be planned to separate parking areas and keep the parking lot from being the dominant visual element of the site. The Specific Plan also establishes landscape setback requirements (Section 4, Land Use and Development Standards) and conceptual streetscape design (Section 5, Design Guidelines) along all roadways within the Specific Plan area to create safe and attractive streets for pedestrians and motorists and ensure cohesive patterns of development. 1931

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

The Euclid Mixed-Use Specific Plan incorporates into its Implementation Plan (Section 6) requirements for the project to comply with any mitigation measures identified in the project Environmental Impact Report, including those for soil remediation and proper venting to address the potential existence of methane gases within the Specific Plan area.

Policy LU-2.11 Context-Aware Transitions and Connections We require new development projects and land-planning efforts to provide context-aware and appropriate transitions and connections between existing and planned neighborhoods, blocks, sites, and buildings.

The Euclid Mixed Use Specific Plan includes the construction of multi-purpose trails along Euclid and Schaefer Avenues and public accessible sidewalks along Euclid, Schaefer and Sultana Avenues and Edison Avenue. These improvements provide transitions and connectivity to existing and planned neighborhoods.

GOAL LU-3:

Staff, regulations and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision.

Policy LU-3.1 Development Standards
We maintain clear development standards which allow flexibility to achieve our Vision and provide objective standards that ensure predictability and deliver the intended physical outcomes. (Link to Community Design Element Design Quality and Urban, Mixed Use, and Transit-oriented Place Types Sections).

The Euclid Mixed Use Specific Plan provides development standards intended to address the site and surrounding conditions and achieve the City’s overall Vision for urban, mixed use and transit oriented land uses.
1932
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GOAL LU-4:

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

Policy LU-4.1 Commitment to Vision
We are committed to achieving our Vision but realize that it may take time and several interim steps to get there.

The Euclid Mixed Use Specific Plan allows for phased development coordinated with infrastructure improvements. Interim and transitional uses are permitted in order to allow for planned development to occur to achieve the City’s long term Vision for land uses.

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

The Euclid Mixed Use Specific Plan requires the construction of all infrastructure needed to develop the property to be constructed per The City approved master plans as indicated in Section 5 of the Specific Plan.

GOAL LU-5:

Integrated airport systems and facilities that minimize negative impacts to the community and maximize economic benefits.

Policy LU-5.1 Coordination with Airport Authorities
We collaborate with FAA, Caltrans Division of Aeronautics, airport owners, neighboring jurisdictions, and other shareholders in the preparation, update, and maintenance of airport-related plans.

The Euclid Mixed Use Specific Plan will comply with all ALUCP requirements for the Ontario and Chino Airports as outlined in Section 2.3 of the Specific Plan and future development will be required to meet all requirements and procedures outlined by airport related governmental agencies .

Policy LU-5.2 Airport Planning Consistency
We coordinate with airport authorities to ensure The Ontario Plan is consistent with state law, federal regulations, and/or adopted master plans, and airport land use compatibility plans for ONT and Chino Airport.

The Euclid Mixed Use Specific Plan will comply with all ALUCP requirements for the Ontario and Chino Airports as outlined in Section 2.3 of the Specific Plan and future development will be required to meet all requirements and procedures outlined by airport related governmental agencies and mitigation measures identified in the project Environmental Impact Report. 1933

Policy LU-5.5 Airport Compatibility Planning for ONT
We create and maintain the Airport Land Use Compatibility Plan for ONT.

The Euclic Mixed-Use Specific Plan area is within the Ontario International Airport Influence Area and the Chino Airport Influence Area. The Specific Plan discusses compliance with the ALUCP requirements for the Ontario Airport and the Chino Airport in Section 2, Section 2.2, Airport Influence Areas.

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

The Euclid Mixed-Use Specific Plan area is within the Ontario International Airport Influence Area and the Chino Airport Influence Area. The Specific Plan discusses compliance with the ALUCP requirements for the Ontario Airport and the Chino Airport in Section 2, Section 2.2, Airport Influence Areas.

Policy LU-5.8 Chino Airport
We will support the creation and implementation of the Airport Land Use Compatibility Plan for Chino Airport.

The Euclic Mixed-Use Specific Plan area is within the Ontario International Airport Influence Area and the Chino Airport Influence Area. The Specific Plan discusses compliance with the ALUCP requirements for the Ontario Airport and the Chino Airport in Section 2, Section 2.2, Airport Influence Areas.

7.2 Housing Element
GOAL H-1:

Stable neighborhoods of quality housing, ample community services and public facilities, well-maintained infrastructure, and public safety that foster a positive sense of identity.

Policy H-1.2 Neighborhood Conditions
We direct efforts to improve the long-term sustainability of neighborhoods through comprehensive planning, provision of neighborhood amenities, rehabilitation and maintenance of housing, and community building efforts.

The Euclid Mixed Use Specific Plan allows for up to 466 housing and recreational open space consistent with The Ontario Plan standards for parks/open space and neighborhood recreational amenities.

Policy H-1.3 Community Amenities
We shall provide adequate public services, infrastructure, open space, parking and traffic management, pedestrian, bicycle, and equestrian routes and public safety for neighborhoods consistent with City master plans and neighborhood plans.
1934
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The Euclid Mixed Use Specific Plan requires all infrastructure, open space, trails and bikeways needed to develop the property to be constructed concurrently with future development per The City approved master plans as indicated in Section 3 of the Specific Plan. The Land Use Plan allows for up to 466 housing.

Policy H-1.4 Historical Preservation
We support the preservation and enhancement of residential structures, properties, street designs, lot configurations, and other reminders of Ontario’s past that are considered to be local historical or cultural resources.

The Euclid Mixed Use Specific Plan area includes existing buildings that reflect the agricultural history as an important cultural resource of the City. The Specific Plan provides design guidelines for future buildings in Section 5 that include architectural styles that reinforce the City’s rich agricultural history.

Future development will comply with City requirements for documenting historical resources and mitigation measures identified in the project Environmental Impact Report.

GOAL H-2:

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

Policy H-2.1 Corridor Housing
We revitalize transportation corridors by encouraging the production of higher density residential and mixed-uses that are architecturally, functionally, and aesthetically suited to corridors.

The Euclid Mixed Use Specific Plan includes a Mixed Use District that will allow up to 466 residential units and a density of 35 to 60 du/ac to be developed along Edison Avenue in close proximity to transit turnouts within the Specific Plan area. The Specific Plan provides design guidelines for future buildings in Section 5 that include architectural styles and building guidelines to provide aesthetically pleasing and functional residential buildings.

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

The Euclid Mixed Use Specific Plan allows for the development of up to 466 high density attached residential units linked to surrounding retail and open space uses by local sidewalks and walkways and master planned trails and bikeways. The Specific Plan provides design guidelines for future residential development in Section 5 that include architectural criteria that establish a high level of design and construction quality and encourage a cohesive neighborhood design character. 1935

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

The Euclid Mixed Use Specific Plan provides design guidelines for future residential development in Section 5 that include site planning considerations, emphasize sustainable design and establishes architectural criteria to ensure a high level of design excellence.

GOAL H-5:

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

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

The Euclid Mixed Use Specific Plan allows for the development of up to 466 high density attached residential units that are suited for a range of future buyers or renters including families with children.

Future residential development will be required to provide parks at a minimum of 2 acres/1000 residents. The Specific Plan also includes multi-purpose trails along Euclid and Schaefer Avenues and public accessible sidewalks along Euclid, Schaefer and Sultana Avenues and Edison Avenue.

7.3 Parks and Recreation Element
GOAL PR-1:

A system of safe and accessible parks that meets the needs of the community.

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

The Euclid Mixed Use Specific Plan will comply with the City requirement to provide two acres of Park per 1,000 residents onsite and pay an in-lieu fee for the equivalent of three acres of park per 1,000 residents for a total of five acres per 1,000 residents to ensure that recreational facilities are within walking distance of future residents within the Specific Plan area. 1936
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Policy PR-1.5 Acreage Standard
We strive to provide 5 acres of parkland (public and private) per 1,000 residents.

The Euclid Mixed Use Specific Plan will comply with the City requirement to provide five acres of Park per 1,000 residents by providing two aces on-site and paying an in-lieu fee for the equivalent of three acres of park per 1,000 residents.

Policy PR-1.6 Private Parks
We expect development to provide a minimum of 2 acres of developed private park space per 1,000 residents.

The Euclid Mixed Use Specific Plan will comply with the City requirement to provide two acres of Park per 1,000 residents on-site.

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

The Euclid Mixed Use Specific Plan allows for phased development coordinated with required park improvements and payment of in-lieu park fees.

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

The Euclid Mixed Use Specific Plan will comply with the City requirement to provide two acres of Park per 1,000 residents on-site and will develop the public multi-purpose trails in Euclid and Schaefer Avenues along the project frontage to provided planned connection to Citywide parks and trail systems including the Great Park.

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

The Euclid Mixed Use Specific Plan will include development standards to provide two acres of Park per 1,000 residents on-site for all types of residential development including multi-family neighborhoods.

Policy PR-1.15 Trail Connectivity
We strengthen and improve equestrian, bike, and multipurpose trail connections within the City and work to improve trail connections into adjacent jurisdictions.

The Euclid Mixed Use Specific Plan will develop the public multi-purpose trails in Euclid and Schaefer Avenues along the project frontage to provided planned connection to Citywide parks and trail systems including the Great Park.
1937

7.4 Environmental Resources Element
GOAL ER-1:

A reliable and cost-effective system that permits the City to manage its diverse water resources and needs.

Policy ER-1.3 Conservation and Sustainable Water Supply We work with regional water providers and users to conserve water and ensure sustainable local water supplies as more frequent droughts reduce long term local and regional water availability.

The Euclid Mixed-Use Specific Plan incorporates water conservation strategies into its development plan and design guidelines. The use of recycled water to irrigate landscape areas is required consistent with the City of Ontario Recycled Water Master Plan (Section 3, Development Plan).

Landscape and irrigation plans are encouraged to use water conservation features such as drought-tolerant plant species native to the region and drip irrigation (Section 5, Design Guidelines).

The Specific Plan encourages the design and construction of energy-efficient buildings to reduce air, water, and land pollution and environmental impacts from energy production and consumption.

Policy ER-1.5 Water Resource Management
Environmental justice areas are prioritized as we coordinate with local agencies to protect water quality, prevent pollution, address existing contamination, and remediate contaminated surface water and groundwater.

In Section 3.8, Storm Drain Plan, the Specific Plan stipulates that prior to issuance of grading or construction permits, a Storm Water Pollution Prevention Plan (SWPPP) be prepared and approved by the City. The SWPPP will identify and detail appropriate Best Management Practices (BMPs) to prevent pollutant discharge into storm drain systems and natural drainages and aquifers. In addition to the preparation of a SWPPP, a WQMP will be prepared and approved that will enforce long-term BMPs to prevent pollutant discharges into storm drain systems, for the life of the project.

Section 5.8.2, Water Quality, requires the provision of on-site landscape swales to collect and treat stormwater run-off.

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

The Euclid Mixed-Use Specific Plan (Section 3.8, Storm Drain Plan) incorporates low impact development strategies including landscape designs that promote water retention; permeable surface designs in parking lots and areas with low traffic; parking lots that drain to landscaped areas to provide treatment, retention, or infiltration; and limited soil compaction during grading. 1938
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Policy ER-1.7 Urban Run-off Quality
We require the control and management of urban run-off, consistent with Regional Water Quality Control Board regulations.

In Section 3.8, Storm Drain Plan, the Specific Plan states that prior to issuance of grading or construction permits, a Water Quality Management Plan (WQMP) is required to minimize stormwater runoff and provide on-site opportunities for groundwater recharge integrated into project design and amenities. The grading and drainage of the Specific Plan area will be designed to retain/infilter, harvest & re-use or biotreat surface runoff to comply with the current requirements of the San Bernardino County NPDES Stormwater Program’s WQMP for significant new development projects.

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

In Section 3.6, Sewer Plan, the Specific Plan provides for design of a wastewater system consistent with City and Regional Water Quality Board requirements. The Specific Plan includes a network of new public sewer mains consistent with the City of Ontario’s Ultimate Sewer System Plan.

GOAL ER-3:

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

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

The Specific Plan incorporates energy-saving conservation strategies into its design guidelines (Section 5) by addressing lighting, bicycle parking, sustainable landscaping, and energy efficiency.

Sustainable design strategies (Section 5.8) include design and construction of energy-efficient buildings to reduce air, water, and land pollution and environmental impacts from energy production and consumption.

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

The Euclid Mixed-Use Specific Plan encourages the use of passive design to improve building energy performance through skylights, building orientation, landscaping, and use of select colors. 1939

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

The Euclid Mixed Use Specific Plan promotes renewable energy resource including passive solar collection, subject to consistency with City of Ontario policies and development regulations, within the Business Park and Mixed Use Districts. Proposed architectural guidelines and development standards encourage siting and orienting Building with considerations for solar orientation and buildings with roof designs that allow for passive solar collectors. Residential buildings will be prewired or solar collection improvements.

GOAL ER-4:

Improved indoor and outdoor air quality and reduced locally generated pollutant emissions.

Policy ER-4.1 Land Use
We reduce GHG and other local pollutant emissions through compact, mixed use, and transit-oriented development and development that improves the regional jobs-housing balance.

The Euclid Mixed Use Specific Plan allows for up to 466 housing and a maximum of 1,676,886 S.F. of employment generating land uses within the project area. The Specific Plan included future transit stops and in close proximity to planned transit lines and helps to improve jobs housing balance in the City and the surrounding region with the provision of varied land use alternatives within the MIxed Use District.

Policy ER-4.3 Greenhouse Gases (GHG) Emissions Reductions We will reduce GHG emissions in accordance with regional, state, and federal regulations.

The Euclid Mixed Use Specific Plan will comply with the regional, State and Federal laws and regulations to reduce GHG emissions and will require future development projects to comply with all City regulations to reduce GHG emissions and mitigation measures identified in the project Environmental Impact Report.

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

The Euclid Mixed-Use Specific Plan requires development projects in the Specific Plan area to comply with the State of California Building Code as adopted and implemented by the City. The Specific Plan’s Sustainable Design Strategies (Section 5.8) include the design and construction of energy-efficient buildings to reduce air, water, and land pollution.
1940
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Policy ER-4.5 Transportation
We promote mass transit and non-motorized mobility options (walking, biking) to reduce air pollutant emissions.

The Euclid Mixed Use Specific Plan requires the construction of multi-purpose trails along Euclid and Schaefer Avenues and public accessible sidewalks along Euclid, Schaefer and Sultana Avenues and Edison Avenue. The Specific Plan requires the location and construction of transit turnouts within the Specific Plan area. These improvements encourage non-motorized mobility options to reduce air pollutant emissions.

Policy ER-4.8 Tree Planting
We protect healthy trees within the City and plant new trees to increase carbon sequestration and help the regional/local air quality. We expand the tree canopy in environmental justice areas to enhance air quality and reduce the “heat island” effect.

The Euclid Mixed Use Specific Plan will implement the City of Ontario’s master street plan including the provision for planting street parkway and median trees and will provide landscape installation, including trees, within all neighborhood edges. Section 5, Design Guidelines include criteria for landscaping parks, open space and other common areas.

GOAL ER-5:

Protected high value habitat and farming and mineral resource extraction activities that are compatible with adjacent development.

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

The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with any and all mitigation measures of the project Environmental Impact Report. 1941

7.5 Community Economics Element
GOAL CE-1:

A complete community that provides for all incomes and stages of life.

Policy CE-1.1 Jobs-Housing Balance
We pursue improvement to the Inland Empire’s balance between jobs and housing by promoting job growth that reduces the regional economy’s reliance on out-commuting.

The Euclid Mixed-Use Specific Plan anticipates the creation of jobs in warehousing, logistics, light manufacturing, and administration within the Specific Plan area, which helps improve the region’s jobs-housing balance. Actual job creation depends on the type of land uses ultimately developed on the site as a wide-range of commercial, office, and business park uses are permitted in the Specific Plan. The Land Use Plan (Section 3.1) implements the vision of The Ontario Plan by providing opportunities for employment in manufacturing, distribution, research and development, service, and supporting retail at intensities designed to meet the demand of current and future market conditions.

Policy CE-1.5 Business Attraction
We proactively attract new and expanding businesses to Ontario in order to increase the City’s share of growing sectors of the regional and global economy.

The Euclid Specific Plan provides for opportunities for new businesses in the City within the Business Park District and the Mixed Use District. In Section 3.1, Land Use Plan, the Specific Plan provides for the construction of 1.6 square ft. of business park, commercial and/or office development in compliance with City and regional planning goals.

Policy CE-1.6 Diversity of Housing
We collaborate with residents, housing providers, and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses.

The Euclid Mixed Use Specific Plan allows for the development of up to 466 high density attached residential units within the Mixed Use District. This will add to the housing diversity and choices for ownership or rental housing within the Ontario Ranch to accommodate people who live and/or work in the City.

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

The Euclid Mixed Use Specific Plan allows for a maximum of 1,676,886 S.F. of business park, retail or office uses. The Specific Plan provides opportunities for future business to contribute to the provision of continued goods and services within the Business Park and Mixed Use Districts. 1942
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Policy CE-1.12 Circulation
We continuously plan and improve public transit and non-vehicular circulation for the mobility of all, including those with limited or no access to private automobiles.

The Euclid Mixed Use Specific Plan provides for both public transit, including future transit stop locations, and multi-purpose trails and sidewalks to encourage non-vehicular circulation within the project area.

GOAL CE-2:

A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.

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

The Euclid Mixed-Use Specific Plan contains design guidelines in Section 5 to guide future development, consistent with the vision for Ontario Ranch. The guidelines are intended to ensure high quality, cohesive and attractive development that complements and integrates into the community and adds value to the City. The Specific Plan also establishes landscape setbacks along all roadways within the Specific Plan area to create safe and attractive streets for pedestrians and motorists.

Policy CE-2.2 Development Review
We require those proposing new development and redevelopment to demonstrate how their projects will create appropriately unique, functional, and sustainable places that will compete well with their competition within the region.

The Euclid Mixed-Use Specific Plan establishes a land use plan (Section 3.1) and design guidelines (Section 5) concerning site design, building design, and landscape design that ensure high-quality, functional and sustainable development that is regionally competitive and appropriate for the Ontario Ranch community.

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

The Euclid Mixed Use Specific Plan has provisions to ensure that the development of up to 466 high density attached residential will create attractive and high quality architecture and urban planning that is equal or greater to similar development in the surrounding neighborhoods. The Specific Plan provides design guidelines for future residential development in Section 5 that include architectural criteria that establish a high level of design and construction quality. 1943

Policy CE-2.5 Private Maintenance
We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

The Euclid Mixed-Use Specific Plan includes a Maintenance Responsibility Matrix (Section 6.10) identifying the public, private, or utility providers responsible for maintenance of roadways, parkways, trails, sidewalks, common areas, walls and monuments, infrastructure, and utilities within the Specific Plan area. A Property Owners Association will be established for the maintenance of on-site common areas, including such improvements as landscape areas and drive aisles.

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

The Euclid Mixed-Use Specific Plan includes a Maintenance Responsibility Matrix (Section 6.10) identifying the public, private, or utility providers responsible for maintenance of roadways, parkways, trails, sidewalks, common areas, walls and monuments, infrastructure, and utilities within the Specific Plan area. Right-of-way for public streets within the Specific Plan area and infrastructure improvements shall be dedicated to the City of Ontario for maintenance purposes. Landscape improvements and public streetlights within the public right-of-way shall be maintained through a landscape and lighting district or other special maintenance district established by the City.

Dry utilities such as electricity, natural gas, and communication systems will be maintained by the appropriate utility company.

7.6 Safety Element
GOAL S-1:

Minimized risk of injury, loss of life, property damage, and economic and social disruption caused by earthquake-induced and other geologic hazards.

Policy S-1.1 Implementation of Regulations and Standards We require that all new habitable structures be designed in accordance with the most recent California Building Code adopted by the City, including provisions regarding lateral forces and grading.

The Euclid Mixed-Use Specific Plan requires all future development projects to comply with the State of California Building Code as adopted and implemented by the City.

Policy S-1.2 Entitlement and Permitting Process
We follow state guidelines and the California Building Code to determine when development proposals must conduct geotechnical and geological investigations. 1944
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The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with state guidelines and the California Building Code. Research of available maps indicates that the Specific Plan site is not located within an Alquist-Priolo Earthquake Fault Zone. Furthermore, there was no visible evidence of faulting during a geotechnical investigation conducted in 2015.

GOAL S-2:

Minimized risk of injury, loss of life, property damage and economic and social disruption caused by flooding and inundation hazards.

Policy S-2.1 Entitlement and Permitting Process
We require hydrological studies prepared by a state-certified engineer when new development is located in a 100-year or 500-year floodplain to assess the impact that the new development will have on the flooding potential of existing development down-gradient.

The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with any and all applicable mitigation measures of the project Environmental Impact Report, state guidelines, and the California Building Code regarding flooding and inundation hazards.

GOAL S-3:

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

Policy S-3.3 Fire and Emergency Medical Services
We maintain sufficient fire stations, equipment and staffing to respond effectively to emergencies and meet the needs of the community and state requirements.

The Euclid Mixed Use Specific Plan requires all infrastructure, including water systems needed to provide fire safety to be constructed concurrently with future development. The Specific Plan is located within the service area of Fire Station #2.

Policy S-3.8 Fire Prevention through Environmental Design We require new development to incorporate fire prevention consideration in the design of streetscapes, sites, open spaces, and buildings.

The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with the City’s development review process, which provides for review by the City’s Fire Department and potential redesign to incorporate fire prevention design elements within streetscapes, sites, open spaces, and buildings.
1945

GOAL S-4:

An environment where noise does not adversely affect the public’s health, safety, and welfare.

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

The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with any and all mitigation measures of the project Environmental Impact Report, the City’s noise ordinance, subdivision and development codes, and the California Building Code to mitigate noise impacts.

GOAL S-5:

Minimize the risk of injury, property damage, and economic loss resulting from windstorms and wind-related hazards.

Policy S-5.1 Dust Control Measures
We require the implementation of Best Management Practices for dust control at all excavation and grading projects.

The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with any and all mitigation measures of the project Environmental Impact Report, the construction management plan, and any subdivision and development codes regarding dust control.

Policy S-5.2 Grading in High Winds
We prohibit excavation and grading during strong wind conditions, as defined by the Building Code.

Future construction within the Euclid Mixed Use Specific Plan will comply with all City regulations and will comply with the City approved construction management plan and mitigation measures identified in the project Environmental Impact Report.

GOAL S-6:

Reduced potential for hazardous materials exposure and contamination.

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

The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with any and all mitigation measures of the project Environmental Impact Report. 1946
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GOAL S-7:

Residential neighborhoods, commercial areas, and industrial districts that are kept safe through a multi-faceted approach of prevention, suppression, and community involvement in public safety.

Policy S-7.4 Crime Prevention through Environmental Design (CPTED) We require new development to incorporate CPTED in the design of streetscapes, sites, open spaces and buildings.

The Euclid Mixed-Use Specific Plan acknowledges that all projects within the Specific Plan area shall comply with the City’s development review process, which provides for review by the City’s Police Department and potential redesign to incorporate crime prevention design elements in streetscapes, sites, open spaces, and buildings. Parcel lighting (Section 5.6, Lighting) addresses illumination of parking lots, loading dock areas, pedestrian walkways, building entrances, signage, and architectural and landscape features. A key provision includes the installation of ground or low mounted fixtures to provide for safety and convenience along pedestrian walkways, entrances, activity areas, steps, ramps, and special features. Section 5.1, Site Design, also encourages delineation of pedestrian access to on-site buildings from adjacent streets and parking areas by marking building entrances with signage, prominent architectural features, and/or landscaping features.

GOAL S-9:

Incorporate energy efficient practices and renewable energy systems to improve air quality, comfort, and energy reliability during temporary power outages.

Policy S-9.1 Solar Energy
We support and may incentivize the installation of residential and commercial solar panels and battery storage systems that can provide electricity during power outages.

Future construction of residential units within the Euclid Mixed Use Specific Plan will comply with all Federal, State and City regulations for solar energy. The Specific Plan provides design guidelines for future residential development in Section 5 that include site planning and design criteria to encourage future solar panel installation.
1947

7.7 Mobility Element
GOAL M-1:

A system of roadways that meets the mobility needs of a dynamic and prosperous Ontario.

Policy M-1.1 Roadway Design and Maintenance
We require our roadways to:

1. Comply with federal, state, and local design and safety standards;

2. Meet the needs of multiple transportation modes and users;

3. Handle the capacity envisioned in the City of Ontario Master Plan of Streets and Highways;

4. Be maintained in accordance with best practices;

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

6. Promote the efficient flow of all modes of traffic through the implementation of intelligent transportation systems and travel demand management strategies.

The Euclid Mixed-Use Specific Plan complies with the Functional Roadway Classification Plan of the Mobility Element and, therefore, aims to comply with federal, state, and local design and safety standards; meet the needs of multiple transportation modes and users; and maintain a Level of Service of E or better at all intersections addressed in the project Environmental Impact Report.

Specific Plan site design strives to minimize the effects of truck traffic on nearby residential uses by locating truck entries and loading docks away from residential use.

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

The Euclid Mixed-Use Specific Plan requires in Section 6.3.4, Compliance with CEQA, that projects within the Specific Plan area comply with all mitigation measures, conditions, and project design features identified in the project Environmental Impact Report. Section 5.1, Site Design, provides guidelines to ensure buildings, structures, and loading facilities will be designed so loading and unloading activities occur on-site without extending beyond the property line.

GOAL M-2:

A system of trails and corridors that facilitate and encourage active modes of transportation.

Policy M-2.2 Bicycle System
We provide off-street multipurpose trails and Class II bikeways as our preferred paths of travel and use the Class III for connectivity in constrained circumstances. When truck routes and bicycle facilities share a right-of-way, we prefer Class I or Class IV bicycle facilities. We require new development to include bicycle facilities, such as bicycle parking and secure storage areas. 1948
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The Euclid Mixed-Use Specific Plan includes a Circulation Plan in Section 3 to provide connectivity to the trails and bikeway corridors identified in the Ontario Multipurpose Trails and Bikeway Corridor Plan, including installation of multipurpose trails along Euclid Avenue and Edison Avenue.

Policy M-2.3 Pedestrian Walkways
We require streets to include sidewalks and visible crosswalks at major intersections where necessary to promote safe and comfortable mobility between residential areas, businesses, schools, parks, recreation areas, and other key destination points.

The Euclid Mixed-Use Specific Plan street sections and streetscape designs (Section 3.1, Circulation Plan and Section 5.3, Landscape Design) provide for construction of 5 ft. wide public pedestrian sidewalks for Euclid Avenue, Schaefer Avenue, and Sultana Avenue and Edison Avenue to connect with adjacent existing and planned pedestrian circulation systems. Pedestrian sidewalks are separated from vehicular travel lanes by a landscaped parkway. Proposed improvements for the Specific Plan area streets are consistent with the City’s Ontario Ranch Streetscape Master Plan.

Policy M-2.4 Network Opportunities
We use public rights-of-way and easements such as, utility easements, levees, drainage corridors, road rights-of-way, medians, and other potential options to maintain and expand our bicycle and pedestrian network. In urban, mixed- use, and transit-oriented Place Types, we encourage the use of underutilized public and private spaces to expand our public realm and improve pedestrian and bicycle connectivity.

The Euclid Mixed Use Specific Plan includes the construction of multi-purpose trails along Euclid and Schaefer Avenues and public accessible sidewalks along Euclid, Schaefer and Sultana Avenues and Edison Avenue. Potential pedestrian and bicycle connectivity to neighborhoods within and adjacent to the Mixed Use District will be incorporated into future residential development plans.

GOAL M-3:

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

Policy M-3.2 Alternative Transit Facilities at New Development We require new development adjacent to an existing or planned transit stop to contribute to the creation of transit facilities, such as bus shelters, transit bays and turnouts, and bicycle facilities, such as secure storage areas.

The Euclid Mixed-Use Specific Plan discusses (in Section 3.2.9, Transit) that the City is coordinating with regional transit agencies to implement Bus Rapid Transit (BRT) service to target destinations and along corridors, including Euclid Avenue on the western boundary of the Specific Plan area. 1949

GOAL M-4:

An efficient flow of goods through the City that maximizes economic benefits and minimizes negative impacts.

Policy M-4.1 Truck Routes
We designate and maintain a network of City truck routes that provide for the safe and efficient transport of goods while minimizing negative impacts on local circulation and noise-sensitive land uses, as shown on Exhibit M-04, Truck Routes. We will minimize conflicts on truck routes through the design and implementation of buffers between travel lanes and pedestrian and bicycle facilities on designated truck routes.

The Euclid Mixed-Use Specific Plan is designed to enable easy vehicular access to the truck route network and to encourage its business park users to implement effective goods movement strategies. The Land Use and Circulation Plans for the Specific Plan area (Section 3, Development Plan) are designed to direct truck traffic away from nearby residential use in the City of Chino.

Policy M-4.4 Environmental Considerations
We support both local and regional efforts to reduce/eliminate the negative environmental impacts of goods movement through the planning and implementation of truck routing and the development of a plan to evaluate the future needs of clean fueling/recharging and electrified truck parking.

The Euclid Mixed Use Specific Plan implements the City of Ontario master planned street network and provides for the construction of circulation improvements to support adequate infrastructure for safe and efficient truck routing and supports Citywide efforts to evaluate and address future needs for clean fueling/recharging and electrified truck parking.

7.8 Community Design Element
GOAL CD-1:

A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.

Policy CD-1.2 Place Types
We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City’s identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities.

The Euclid Mixed Use Specific includes design guidelines in Section 5 that include architectural criteria that establish a Gateway design treatment with landscaping and monumentation to create a unique entry to the Ontario Ranch community and the City overall. This placemaking element will establish a unique and high quality community and neighborhood design character for future development within the Specific Plan area.
1950
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Policy CD-1.4 Transportation Corridors
We will enhance our major transportation corridors within the City through landscape, hardscape, signage and lighting. The extent of enhancement should be appropriate to the use, type, and context of each corridor.

The Euclid Mixed Use Specific Plan requires the construction of landscaped neighborhood edges along Euclid and Schaefer Avenues and Edison Avenue per the City master plans for these major transportation corridors. Section 5, Design Guidelines include criteria for landscaping these neighborhood edges and other common areas.

GOAL CD-2:

A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes that are attractive, safe, functional, human- scale, and distinct.

Policy CD-2.1 Quality Building Design and Architecture
We encourage all development projects to convey visual interest and character through:

1. Building volume, massing, and height to provide context-appropriate scale and proportion;

2. A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and

3. Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.

The Euclid Mixed-Use Specific Plan design guidelines (Section 5) ensure that: 1) scale, massing, fenestration, materials, and colors are consistent with the building’s architectural style and compatible with the overall design in the Specific Plan area, 2) articulation is provided through elements such as cornices, parapets, expression lines, and changes in materials and/or colors, 3) use of a variety of colors, materials, and/or textures on each building is appropriate to the architectural features or massing.

Policy CD-2.2 Neighborhood Design
We create distinct residential neighborhoods that promote a sense of community and identity by emphasizing access, connectivity, livability, and social interaction through such elements as:

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

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

3. Traffic calming measures to slow traffic and promote walkability while maintaining acceptable traffic flows and emergency evacuation access;

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

5. Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users.
1951

The Euclid Mixed Use Specific Plan has provisions to allow for the development of up to 466 high density attached residential units within the Mixed Use District. The Specific Plan provides design guidelines for future residential development in Section 5 that include criteria for site planning/neighborhood design and architecture including considerations for access, connectivity, livability and social interaction.

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

The Euclid Mixed Use Specific Plan allows for maximum of 1,676,886 S.F. of employment generating land uses within the Business Park and Mixed Use Districts. The Specific Plan provides design guidelines for future development in Section 5 that include architectural criteria to encourage the development of a variety of distinctive commercial businesses that are pedestrian friendly, connected to other surrounding uses, functional and vibrant elements of the overall neighborhood.

Policy CD-2.4 Urban, Mixed Use, and Transit-oriented Areas We establish Place Types to require mixed use, urban, and transit-oriented areas to be designed and developed as pedestrian oriented areas that are integrated with adjacent neighborhoods and promote a vibrant, comfortable, and functional environment, as defined for each Place Type.

The Euclid Mixed Use Specific Plan includes a Mixed Use District that will allow up to 466 residential units and a maximum of 290,110 S.F. of retail or office uses along Edison Avenue in close proximity to transit turnouts within the Specific Plan area. The Specific Plan provides design guidelines for future development in Section 5 that include planning and design criteria to create a unique and high quality community and neighborhood design character for future development within the Specific Plan area that will be integrated into surrounding neighborhoods.

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

Section 3.3, Circulation Plan, addresses connectivity, street improvements, pedestrian and bicycle plans, and transit. In Section 5.3, Landscape Design, the Euclid Mixed-Use Specific Plan identifies street improvements and streetscape including parkways, street trees, sidewalks, landscape buffers, and street lighting for Euclid Avenue, Eucalyptus Avenue, Merrill Avenue, and Sultana Avenue within the Specific Plan area, which are consistent with the Circulation Element of The Ontario Plan. The Euclid Mixed-Use Specific Plan streetscape design creates an aesthetically pleasing view for pedestrians and motorists, screens parking and loading areas from the public right-of-way, and visually integrates the development into the surrounding Ontario Ranch community. 1952
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Policy CD-2.6 Connectivity
We promote development of local street patterns, multimodal networks, and connected public spaces that create and unify neighborhoods, rather than divide them, and create cohesive and continuous corridors, rather than independent “islands” through the following means:

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

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

3. Pedestrian and bicycle networks that provide convenient access to neighborhoods and nearby destinations, such as schools, parks, other public spaces, commercial areas, and transit stops.

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include planning and design criteria to create safe and efficient circulation systems and connectivity for future development within the Specific Plan area and surrounding neighborhoods.

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

The Euclid Mixed-Use Specific Plan is committed to sustainable design strategies that integrate principles of environmental stewardship into the design, construction and operation process.

The Specific Plan incorporates sustainability principles into its design guidelines such as drought tolerant landscaping, skylights in warehouse areas of buildings to provide natural light and reduce lighting demand, high performance dual pane glazing in office storefronts, and LED products for energy efficient site lighting. Design strategies include the design and construction of energy efficient buildings to reduce air, water, and land pollution and environmental impacts from energy production and consumption. The use of recycled water to irrigate landscape is required by the Specific Plan’s Recycled Water Plan (Section 3.4), consistent with the City of Ontario Recycled Water Master Plan.

Policy CD-2.8 Safe Design
We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintaining visibility and accessibility, and using lighting.

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include criteria to create safe and efficient walkway and common areas that are visible and well lighted at night for future development within the Specific Plan. 1953

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

Consistent with the vision for Ontario Ranch as outlined in the Ontario Ranch Streetscape Master Plan, the Euclid Mixed-Use Specific Plan (Section 5.3, Landscape Design) provides for landscaped setbacks and landscaped parkways adjacent to bike lanes and sidewalks, defining these public spaces. The landscaped setbacks and parkways will include drought-tolerant plants featuring colorful shrubs and groundcovers, ornamental grasses and succulents, evergreen and deciduous trees, and species native to Southern California or naturalized to the arid Southern California climate to promote durable plant materials. The plant selection will complement the design theme of the Specific Plan area. Parking lot landscaping will reduce associated heat buildup, improve aesthetics, and integrate into onsite landscape design and adjacent streetscapes. Swaled landscape areas will retain/ infiltrate stormwater run-off to improve water quality and promote groundwater recharge where feasible. Shade trees thoughtfully located near expanses of paving, building walls, roofs, and windows will reduce the impacts of heat gain.

Policy CD-2.10 Parking Areas
We require all development, including single-family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:

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

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

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

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include planning and design criteria to minimize the visual impact of surface parking and garages for future development within the Specific Plan area and surrounding neighborhoods.

Policy CD-2.11 Entry Statements
We encourage the inclusion of amenities, signage, and landscaping at the entry to neighborhoods, commercial centers, mixed use areas, industrial developments, and public places that reinforce them as uniquely identifiable places.

The Euclid Mixed-Use Specific Plan establishes design guidelines to ensure high-quality development and a sense of place. As discussed in Section 5.3, Landscape Design, Euclid, Eucalyptus, Schaefer and Sultana Avenue and Edison Avenue will feature landscaped setbacks adjacent to the Specific Plan area that will provide attractive entries to the site. An entry monument will be located at the northeast corner of Euclid Avenue and Edison Avenue to identify the Ontario Ranch area and/or the Euclid Mixed-Use Specific Plan area.
1954
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Policy CD-2.12 Site and Building Signage
We encourage the use of sign programs that utilize complementary materials, colors, and themes.

Project signage should be designed to effectively communicate and direct users to various aspects of the development and complement the character of the structures.

The Euclid Mixed-Use Specific Plan (Section 5.7, Signage) requires approval of a comprehensive sign program to address parcel identification, building identification and directional signage within the Specific Plan area. A comprehensive sign program will integrate project signage with the overall design of the site and structures to create a unified visual statement. A comprehensive sign program provides a means for flexible application of sign regulations to provide incentive and latitude in the design and display of multiple signs. Business park uses on the site will also be appropriately signed to give direction to loading and receiving, visitor parking, and other special uses.

Policy CD-2.16 Transit Stops
We require transit stops be conveniently located, well lit, safe, and clearly accessible to pedestrians, bicyclists, and people of all abilities.

The Euclid Mixed Use Specific Plan requires the location and construction of transit turnouts within the Specific Plan area.

GOAL CD-3:

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

Policy CD-3.1 Unique Identity
We promote development that heightens the unique character and identity of each Place Type by requiring compatible land uses and land planning, site design, and building design that promotes an active public realm.

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include planning and design criteria to establish a unique character and sense of identity for future development within the Specific Plan area and surrounding neighborhoods.

Policy CD-3.2 Comfortable, Human-Scale Public Realm
We require that public spaces, including streets, parks, and plazas on both public and private property be designed to maximize safety, comfort and aesthetics and connect to the citywide pedestrian, vehicular, and bicycle networks.

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include planning and design criteria to maximize safety, comfort and aesthetics and connect to the Citywide pedestrian, vehicular and bicycle networks. 1955

Policy CD-3.3 Complete and Connected Network
We require that pedestrian, vehicular, and bicycle circulation on both public and private property be coordinated to provide connections internally and externally to adjacent neighborhoods and properties (existing and planned) through a system of local roads and trails that promote walking and biking to nearby destinations (including existing and planned parks, commercial areas, and transit stops) and are designed to maximize safety, comfort, and aesthetics.

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include planning and design criteria to ensure that all modes of circulation and neighborhood connectivity are provided and coordinated with the Citywide pedestrian, vehicular and bicycle network to maximize safety, comfort and aesthetics.

Policy CD-3.4 Context-Aware and Appropriate Design
We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include planning and design criteria to ensure that future development complements existing surrounding development and provides adequate transitions and buffers between less compatible uses and minimizes potential conflicts.

Policy CD-3.5 Active Frontages
We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type).

The Euclid Mixed Use Specific Plan includes design guidelines for future development within the Mixed Use District in Section 5 that include planning and design criteria to create active pedestrian streetscapes and orient building frontages, business entrances, residential courtyards and balconies towards sidewalks and common open areas maximize safety, comfort and aesthetics.

GOAL CD-5:

A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional public and private investments.

Policy CD-5.1 Maintenance of Buildings and Property
We require all public and privately-owned buildings and property (including trails and easements) to be properly and consistently maintained.
1956
Page
EUCLID
MIXED
USE
7-29

SPECIFIC
PLAN

CONSISTENCY WITH THE ONTARIO PLAN
The Euclid Mixed-Use Specific Plan includes a Maintenance Responsibility Matrix in Section 6, Implementation, identifying the parties responsible for maintenance of roadways, parkways, trails, sidewalks, common areas, walls and monuments, infrastructure, and utilities within the Specific Plan area. Privately owned buildings will be maintained as specified by the Property Owners Association (Section 6.10.2).

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

The Euclid Mixed-Use Specific Plan includes a Maintenance Responsibility Matrix in Section 6, Implementation, identifying the parties responsible for maintenance of roadways, parkways, trails, sidewalks, common areas, walls and monuments, infrastructure, and utilities within the Specific Plan area.

7.9 Social Resources Element
GOAL SR-2:

A range of educational and training opportunities for residents and workers of all ages and abilities that improves their life choices and provides a skilled workforce for our businesses.

Policy SR-2.4 Access to Schools
We work with local and regional partners to improve the safety in and around schools and to improve access for citizens of all ages and abilities to schools and community services, such as after school and other programs.

The Euclid Mixed Use Specific Plan evaluated the accessibility and capacity of existing schools.

Future residential development will be reviewed by the applicable school districts and will address the mitigation measures identified in the project Environmental Impact Report.

GOAL SR-5:

Local heritage, entertainment, and cultural experiences that enrich the lives of Ontario’s residents, workers, and visitors and serve to attract residents and businesses to the City.

Policy SR-5.3 Public Art
We encourage public art in buildings, parks, open spaces, and other public and private spaces.

The Euclid Mixed Use Specific Plan does not require public art within the Business Park and Mixed Use Districts specifically. Future development plans for commercial or office uses should consider public art improvements or amenities according to City policy.
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303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

LAND DEVELOPMENT DIVISION

CONDITIONS OF APPROVAL
Date Prepared: 7/8/2024
File No: PSP22-001
Related Files: PMTT23-005 & PDEV23-011
Project Description: A Specific Plan (File No. PSP22-001 – Euclid Mixed Use Specific Plan) to establish the land use districts, development standards, guidelines, and infrastructure improvements for the potential development of up to 1,386,776 square feet of Business Park land uses, 290,110 square feet of office and retail land uses, and 466 dwelling units on the 84-acre of land generally located east of Euclid Avenue, south of Schaefer Avenue, west of Sultana Avenue and north of Edison Avenue; (APNs: 1053-071-01; 1053-071-02; 1053-071-03; 1053-071-04; 1053-211- 01; 1053-211-02; 1053-211-05; 1053-281-01; 1053-281-02; 1053-281-03; 1053-281-04; 1053-281-07; 1053-281-08; 1053-081-01; 1053-081-02; 1053-081-03; 1053-081-04); submitted by Euclid Land Investment LLC.

Prepared By: Edmelynne V. Hutter, AICP, Senior Planner
Phone: 909.395.2429 (direct)
Email: [email protected]
The Planning Department, Land Development Section, conditions of approval applicable to the above-described Project, are listed below. The Project shall comply with each condition of approval listed below:

1.0 Standard Conditions of Approval. The project shall comply with the Standard Conditions for New Development, adopted by City Council Resolution No. 2017-027 on April 18, 2017. A copy of the Standard Conditions for New Development may be obtained from the Planning Department or City Clerk/Records Management Department.

2.0 Special Conditions of Approval. In addition to the Standard Conditions for New Development identified in condition no. 1.0, above, the project shall comply with the following special conditions of approval:

2.1 Specific Plan/Specific Plan Amendment. The following shall be submitted to the Planning Department within 30 days following City Council approval of the Specific Plan/Specific Plan Amendment:
(a) Three copies of the final Specific Plan document.
(b) One complete, unbound copy of the final Specific Plan document. (c) One USB drive, or download link, containing a complete Microsoft Word, or editable, copy of the final Specific Plan document, including original figures, images and all required revisions.
1958
Planning Department – Land Development Division
Conditions of Approval
File No.: PSP22-001

2.2 Additional Fees.
(a) Within 5 days following final application approval, the Notice of Determination (“NOD”) filing fee shall be provided to the Planning Department. The fee shall be paid by check, made payable to the "Clerk of the Board of Supervisors", which shall be forwarded to the San Bernardino County Clerk of the Board of Supervisors, along with all applicable environmental forms/notices, pursuant to the requirements of the California Environmental Quality Act (“CEQA”). Failure to provide said fee within the time specified will result in the extension of the statute of limitations for the filing of a CEQA lawsuit from 30 days to 180 days. 1959
Department: Development Administration
Prepared By: Pablo De Lara
Department:

Prepared By: Pablo De Lara
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 26
SUBJECT: A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23-004) BETWEEN THE

CITY OF ONTARIO AND EUCLID LAND INVESTMENT, LLC

CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA23-004) between the City of Ontario and Euclid Land Investment, LLC, to establish the terms and conditions associated with Tentative Parcel Map 20714 (File No. PMTT23-005), a 60-acre property located east of Euclid Avenue, south of Schaefer Avenue, west of future Sultana Avenue and north of Edison Avenue within the Euclid Mixed Use Specific Plan.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: The proposed Development Agreement (File No. PDA23-004) will not have a direct fiscal impact on the City's General Fund. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Euclid Mixed Use Specific Plan (Specific Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.

BACKGROUND & ANALYSIS: The Ontario Ranch Financial commitments required for construction of properties within a specific plan are substantial. Therefore, in order to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, Euclid Land Investment, LLC ("Owner"), has requested that the City enter into 1960
negotiations to create a Development Agreement ("Agreement").

The Agreement is proposed outside of the NMC Builders Construction Agreement development area and was established in coordination between the City Attorney and the Owners legal counsel.

The provisions of the Agreement are consistent with the commitments to assure adequate public infrastructure improvements are constructed or funded by the Owner.

The Agreement proposes to include 60 acres of land within the Euclid Mixed Use Specific Plan, as shown on the attached Exhibit A. The Agreement grants the Owner a vested right to develop Tentative Parcel Map 20714 ("Map"), provided the Owner complies with the terms and conditions of the Specific Plan and related Environmental Impact Report (EIR).

The Map (see attached Exhibit B) is generally bounded by Schaefer, Sultana, Edison and Euclid Avenues, and proposes to subdivide 60 acres of land into 13 numbered lots and 2 lettered lots to facilitate the construction of 12 business park buildings, totaling 882,538 square feet, and the associated landscape, common interest amenities, and facilities that are necessary for the project.

The term of the Agreement is for 10 years, with a 5-year option to renew. The main points of the Agreement address funding for all new City expenses created by the project, which includes:

Development Impact Fees (DIF) for construction of public improvements (i.e. streets and bridges, sewer, water, storm drain and fiber); and the creation of a Community Facilities District (CFD) for the maintenance of public facilities. Additionally, the Owner shall pay in lieu-fees to the City for the future construction and completion of Ontario Ranch Regional Water and Storm Drain improvements.

In considering the Agreement at their meeting on July 23, 2024, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No. PC24012 with a 6 to 0 vote, recommending City Council approval of the Agreement.

ENVIRONMENTAL REVIEW: The Specific Plan is located in what was formerly the City of Ontario Sphere of Influence (“SOI”) area, which consists of roughly 8,200 acres at the south end of the City.

On January 7,1998, the City of Ontario adopted the New Model Colony (“NMC”) General Plan Amendment, setting forth a comprehensive strategy for the future development of the SOI. The NMC is bounded by Riverside Drive to the north, Hamner Avenue to the east, Euclid Avenue to the west, and Merrill Avenue/Bellegrave to the south.

Since the adoption of the NMC General Plan Amendment, the City has updated the General Plan on different occasions. On January 27, 2010, the City adopted The Ontario Plan and certified the accompanying Environmental Impact Report (SCH# 2008101140). On August 16, 2022, the City adopted The Ontario Plan 2050 (TOP 2050), which was an update to The Ontario Plan adopted in 2010 and included the certification of an accompanying Supplemental Environmental Impact Report (SCH# 2021070364). The Policy Plan component of TOP 2050 serves as the General Plan for the entire City, including the NMC (now referred to as “Ontario Ranch”). TOP 2050 identified many areas that might have potentially significant impacts on the environment. These areas included 1) Aesthetics; 2) Biological Resources; 3) Geology and Soils; 4) Hazards and Hazardous Materials; 5) 1961
Hydrology and Water Quality; 6) Land Use and Planning; 7) Mineral Resources; 8) Population and Housing; 9) Public Services; 10) Recreation; and 11) Utilities and Service systems. Through the EIR process, these potential impacts were analyzed, revisions were incorporated into the plan, and/or mitigation measures were identified that reduced the potential environmental impacts to a level that was less than significant.

TOP 2050 also identified several potential impacts that, even with revisions and/or mitigation measures, could not be reduced to a level of less than significant. These areas included Air Quality, Cultural Resources, Noise, and Transportation. While these impacts will be significant and unavoidable, the City determined that the benefits of the Ontario Ranch development outweigh the potential unavoidable, adverse impacts of the plan. As a result, the City adopted a Statement of Overriding Considerations for those impacts that could not be fully mitigated to a level of less than significant.

The TOP 2050 EIR analyses focused on the program, or “big picture” impacts associated with development. With the submittal of the EMUSP, staff is charged with evaluating the potential impacts of development at the project level, looking specifically at the project proposal and any potential environmental impacts associated with it. Staff completed an Initial Study for the Project and determined that an EIR should be prepared for the EMUSP. Through the Initial Study preparation and scoping meeting discussion, an EIR was prepared for the EMUSP addressing the following issues:

Aesthetics
Agricultural and Forestry Resource
Air Quality Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Noise
Population and Housing
Public Services
Transportation
Tribal Cultural Resources
Utilities and Service Systems
The EMUSP EIR evaluates each of these various areas and identifies mitigation measures and/or revisions to the plan to lessen the level of significance. The EIR analyzed EMUSP Phase 1 based on the proposed EMUSP land uses, development intensities, conceptual designs, infrastructure requirements, and onsite surveys and studies. However, access to properties within Phase 2 could not be obtained and, therefore, the level of impact cannot be known for categories such as Biological Resources, Geology and Soils, and Hazards and Hazardous Materials since onsite surveys could not be conducted. It is conceivable that, when development of Phase 2 is proposed and 1962
onsite access is obtained, the potentially significant impacts on Biological Resources, Geology and Soils, and Hazards and Hazardous Materials in Phase 2 can be mitigated to less than significant.

Nevertheless, since level of impact cannot be known for Phase 2 areas at this time, the EMUSP EIR conservatively concludes that there are significant and unavoidable impacts.

With the implementation of the various mitigation measures, many of the potential adverse impacts can be reduced to a level of less than significant. Of the 17 areas considered by the EIR, all but seven areas were less than significant or mitigated to a level of less than significant. The seven remaining impact areas, even with the mitigation measures, could not be reduced to less than significant, resulting in some impacts remaining potentially significant and unavoidable. These areas are:

Agricultural and Forestry Resources
Air Quality
Biological Resources (Phase 2 only)
Cultural Resources
Geology and Soils (Phase 2 only)
Greenhouse Gas Emissions
Hazards and Hazardous Materials (Phase 2 only)
While mitigation of all potential impacts to a level of less than significant is desirable, the fact that seven areas will remain significant and unavoidable is not unexpected. The identification of these areas as significant and unavoidable also validates the work previously completed for TOP 2050.

Staff continues to believe that the benefits of the proposed development outweigh the potential impacts associated with it. Therefore, staff recommends the Planning Commission recommend certification of the EIR to the City Council and that a Statement of Overriding Considerations be adopted for the Project.
1963
Exhibit A— Euclid Mixed Use Specific Plan (File No. PSP22-001) 1964
Exhibit B— TENTATIVE PARCEL MAP 20714
1965
1966
ORDINANCE NO. _________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA APPROVING FILE NO. PDA23-004, A DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND EUCLID LAND

INVESTMENT, LLC, TO ESTABLISH THE TERMS AND CONDITIONS
ASSOCIATED WITH TENTATIVE PARCEL MAP 20714 (FILE
NO.PMTT23-005), A 60 ACRE PROPERTY LOCATED EAST OF EUCLID

AVENUE, SOUTH OF SCHAEFER AVENUE, WEST OF SULTANA

AVENUE AND NORTH OF EDISON AVENUE WITHIN THE EUCLID
MIXED USE SPECIFIC PLAN (FILE NO. PSP22-001); (APNS: 1053-071- 01; 1053-071-02; 1053-071-03; 1053-071-04; 1053-211-01; 1053-211-02; 1053-281-08; 1053-081-01; 1053-081-02; 1053-081-03; 1053-081-04) WHEREAS Euclid Land Investment, LLC ("Applicant") has filed an application for the approval of a Development Agreement, File No. PDA23-004 as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 60 acres of land, located east of Euclid Avenue, south of Schaefer Avenue, west of Sultana Avenue and north of Edison Avenue within a proposed Euclid Mixed Use Specific Plan (File No. PSP22-001); and WHEREAS, the applicant submitted Tentative Parcel Map 20714 (File No.

PMTT23-005) to subdivide 60 acres of land into 13 numbered lots and 2 lettered lots to facilitate the construction of 12 business park buildings collectively totaling 882,538 square feet, and the associated landscape, common interest amenities, and facilities that are necessary for the project; and
WHEREAS, the environmental impacts of this project were reviewed in conjunction with the Euclid Mixed Use Specific Plan (File No. PSP22-001), for which an Environmental Impact Report (State Clearinghouse No. 2023020281) was prepared.

This application introduces no new significant environmental impacts; and WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and make recommendations to the City Council on the subject Application; and
WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the 1967
Housing Element; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and make recommendations to the City Council on the subject Application; and
WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "ALUCP"), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on July 23, 2024, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, on August 20, 2024, the City Council of the City of Ontario, California, conducted a hearing to consider the Project and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this 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: Environmental Determination and Findings. As the recommending authority for the Project, the City Council has reviewed and considered the information contained in the EIR and supporting documentation. Based upon the facts and information contained in the EIR and supporting documentation, the City Council finds as follows:
(1) The Environmental Impact Report (State Clearing House No. 2023020281) was approved for City Council consideration by the Planning Commission on July 23, 2024. This application introduces no new 1968
significant environmental impacts; and
(2) The EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and
(3) The EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The EIR reflects the independent judgment of the City Council; and (5) The proposed project will introduce no new significant environmental impacts beyond the EIR, and all mitigation measures adopted with the EIR, are incorporated herein by this reference.

SECTION 2: Subsequent or Supplemental Environmental Review Not Required. Based on the information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the EIR that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the EIR was prepared, that will require major revisions to the EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
(3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or
(d) Mitigation measures or alternatives considerably different from those analyzed in the EIR would substantially reduce one or more 1969
significant effects on the environment, but which the City declined to adopt.

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

SECTION 4: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and
SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
(1) The Development Agreement applies to approximately 60 acres of land, located east of Euclid Avenue, south of Schaefer Avenue, west of Sultana Avenue and north of Edison Avenue within a proposed Euclid Mixed Use Specific Plan (File No. PSP22-001); and
1970
(2) The Development Agreement establishes parameters for the development of land within the Euclid Mixed Use Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; and establish the terms and conditions that apply to those projects. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the Euclid Mixed Use Specific Plan; and
(3) The Development Agreement grants the Applicant a vested right to develop Tentative Parcel Map 20714 (File No. PMTT23-005) as long as the Applicant complies with the terms and conditions of the Euclid Mixed Use Specific Plan and EIR. Tentative Parcel Map 20714 is located east of Euclid Avenue, south of Schaefer Avenue, west of Sultana Avenue and north of Edison Avenue within the Euclid Mixed Use Specific Plan, and to subdivide 60 acres of land into 13 numbered lots and 2 lettered lots to facilitate the construction of 12 business park buildings collectively totaling 882,538 square feet; and
(4) The Development Agreement has been prepared in conformance with the goals and policies of The Ontario Plan Policy Plan (General Plan); and (5) The Development Agreement does not conflict with the Land Use Policies of The Ontario Plan Policy Plan (General Plan) and will provide for development, within the district, in a manner consistent with the Policy Plan and with related development; and
(6) This Development Agreement will promote the goals and objectives of the Land Use Element of the Policy Plan. The Environmental Impact Report (State Clearing House No. 2023020281) was approved for City Council consideration by the Planning Commission on July 23, 2024; and (7) This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.

SECTION 6: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby RECOMMENDS THE CITY COUNCIL APPROVE the herein described Application, subject to each and every condition set forth in the Development Agreement (File No. PDA23-004) attached hereto as "Attachment A," and incorporated herein by this reference SECTION 7: City Council Required Actions. Approval of this Application is contingent upon City Council approving the following:
(1) Euclid Mixed Use Specific Plan (File No. PSP22-001) (2) Euclid Mixed Use Specific Plan EIR (SCH #2023020281) 1971
If the City Council does not approve the Euclid Mixed Use Specific Plan (File No.

PSP22-001) and the Euclid Mixed Use Specific Plan EIR (SCH #2023020281), this Resolution should become null and void and of no further force and effect.

SECTION 8: Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.

SECTION 9: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 10: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

SECTION 11: Effective Date. This Ordinance shall become effective 30 days following its adoption.

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

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2024. _____________________________________
PAUL S. LEON, MAYOR
1972
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
1973

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)
1974
ATTACHMENT A:

FILE NO. PDA23-004

DEVELOPMENT

AGREEMENT
By and Between
City of
Ontario
a California municipal
corporation and
Euclid Land Investment, LLC
A Delaware limited liability company
(Development Agreement to follow this page)
1975
1 RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST "B" STREET
ONTARIO, CA 91764-4196
______________________________________________________________________ Space above this line for Recorder's Use Only Exempt from Fees Per Gov. Code § 6103 File No. PDA23-004

DEVELOPMENT AGREEMENT
By and Between

CITY OF ONTARIO
a California municipal corporation
and
Euclid Land Investment, LLC
A Delaware limited liability company
______________, 2024
San Bernardino County, California
1976
46700.10300\33554440.1
2 DEVELOPMENT AGREEMENT NO. PDA23-004
This Development Agreement (hereinafter "Agreement") is dated for reference purposes only as of the ____ day of ____________, 2024 by and among the City of Ontario, a California municipal corporation (hereinafter "CITY"), Euclid Land Investment, LLC a Delaware limited liability company (hereinafter "OWNER"):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code and Section

4.01.015 of the Ontario Development Code; and
WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act, Pub.

Res. Code § 21000, et seq. (“CEQA”) have been met with respect to the Project and the Agreement in that certain Euclid Mixed Use Specific Plan Amendment Subsequent Environmental Impact Report (State Clearinghouse No. State Clearinghouse No. 2023020281 (the "FEIR").

WHEREAS, on _____________the City Council found and determined that the FEIR was prepared in accordance with the requirements of CEQA and adequately describes the impacts of the Project described in the FEIR, which included consideration of this Agreement; and
WHEREAS, this Agreement and the Project are consistent with the CITY's Comprehensive General Plan and the Euclid Mixed Use Specific Plan and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 1977
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3 WHEREAS, development of the Project Site, as more particularly described and depicted in Exhibits A and B, respectively (the "Property") in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Section 65864 et seq. of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in order to assure development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 "Agreement" means this Development Agreement.

1.1.2 "CITY" means the City of Ontario, California, a California municipal corporation.

1.1.3 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of public infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.4 "Development Approvals" means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) general plans and general plan amendments; and specific plans and specific plan amendments;
1978
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4 (b) tentative and final subdivision and parcel maps;
(c) development plan review.

1.1.5 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.6 "Development Impact Fee" means a monetary exaction, other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and, for purposes of this Agreement only, includes fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4. For purposes of this Agreement only, "Development Impact Fee" shall not include processing fees and charges imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superseded, including by amendment or replacement.

1.1.7 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.8 "Effective Date" means the date that the ordinance approving this Agreement goes into effect.

1.1.9 "Existing Development Approvals" means all Development Approvals approved or issued on or prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Approvals which are a matter of public record on the Effective Date.
1979
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5 1.1.10 "Existing Land Use Regulations" means all Land Use Regulations in effect on the date of the first reading of the ordinance adopting and approving this Agreement.

Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit "D" and all other Land Use Regulations that are in effect and a matter of public record on such date.

1.1.11 "General Plan" means The Ontario Plan adopted on August 16, 2022, as amended up to the date of the first reading of the ordinance adopting and approving this Agreement.

1.1.12 "Improvement" or "Improvements" means those public improvements required to support the development of the Project as described in the Parcel Map conditions for Parcel Map No. 20714 ("Parcel Map") as further described in Exhibit "E" and depicted in Exhibit “F”(together, the "Infrastructure Improvements Exhibit").

1.1.13 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of similar rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.14 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.15 "OWNER" means the persons and entities listed as owner on page 1 of this Agreement and their permitted successors in interest to all or any part of the Property.

1.1.16 "Owner Affiliate" shall mean, (i) any entity that directly or indirectly controls, is controlled by, or is under common control with OWNER, or (ii) an entity at least a majority of whose economic interest is owned by OWNER. For purposes of this definition, the term “control” means the power to direct the management of such entity through voting rights, ownership or contractual obligations.
1980
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6 1.1.17 “Phase” means the development area described in the Infrastructure Improvements Exhibit to this Agreement.

1.1.18 “Phase 2 Water Participation Fee” means the fee paid to the CITY for the Project, to fund the Property’s respective share of the project costs of the design and construction of the Phase 2 Water Improvements by the CITY. The Phase 2 Water Participation Fee shall be the calculated amount of the Regional Water DIF for the Project based upon the number of square feet, acreage, and land use category for non-residential square footage of the Project.

1.1.19 "Project" means the development of the Property contemplated by the Development Plan, as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.20 "Property" means the real property described on Exhibit "A" and shown on Exhibit "B" to this Agreement.

1.1.21 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.4 of this Agreement.

1.1.22 "Specific Plan" means that certain specific plan adopted by the City Council, and entitled, "Euclid Mixed Use Specific Plan".

1.1.23 "Subsequent Development Approvals" means all discretionary Development Approvals required subsequent to the Effective Date in connection with development of the Property. Subsequent Development Approvals shall be deemed to be subject to the provisions of this Agreement, without any further action needed on the part of either the CITY or OWNER.

1.1.24 "Subsequent Land Use Regulations" means any discretionary Land Use Regulations adopted and effective after the Effective Date of this Agreement.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit "A" — Legal Description of the Property.

Exhibit "B" — Map showing Property and its location.

Exhibit "C" — Existing Development Approvals.

Exhibit "D" — Existing Land Use Regulations.

Exhibit "E" — Description of Required Infrastructure Improvements Exhibit "F" — Depiction of Infrastructure Improvements Exhibits 1981
46700.10300\33554440.1
7 Exhibit "G" – Form of Certificate of DIF Credit to be issued by CITY

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

2.2 Ownership of Property. OWNER represents and covenants that it is the owner of fee simple title or the lessee or an optionee of the Property or a portion(s) thereof. To the extent applicable, OWNER has obtained written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.

2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. Upon approval by the City Manager, without the need for City Council approval, the term of this Agreement may be extended for an additional five (5) years following expiration of the initial ten (10) year term, provided the following have occurred:
(a) OWNER provides at least 180 days written notice to CITY prior to expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.

2.4 Assignment.

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, limited liability company, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement with respect to the portion of the Property sold and be made in strict compliance with the following:
(a) Except as expressly provided for herein, no sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY's City Manager, in writing, of such sale, transfer or assignment and shall provide CITY with: (1) an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the portion of the Property so sold, transferred or assigned. 1982
46700.10300\33554440.1
8 (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4. (d) Notwithstanding the foregoing, OWNER shall have the right to assign this Agreement to an Owner Affiliate subject to the notice requirements to CITY as described in Paragraph (b) of this Section 2.4.1, above.

2.4.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the portion of the Property sold, transferred or assigned.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed an agreement as required under Paragraph (b) of Subsection 2.4.1 above. (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER (if any) to secure performance of its obligations hereunder which are to be performed upon portion of the Property sold, transferred or assigned.

2.4.3 Effect of Assignment and Release of Obligations. In the event of a sale, transfer or assignment pursuant to the provisions of Section 2.4.1 and notwithstanding the release provisions of Section 2.4.2 above:
(a) The assignee shall be liable for the performance of all obligations of OWNER with respect to transferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred (the "Retained Property"). (b) The owner of the Retained Property shall be liable for the performance of all obligations of OWNER with respect to Retained Property, but shall have no further obligations with respect to the transferred property.
(c) The assignee's exercise, use and enjoyment of the Property or portion thereof shall be subject to the terms of this Agreement to the same extent as if the assignee were the OWNER.
1983
46700.10300\33554440.1
9 2.4.4 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.

2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one (1) year) of any parcel which has been finally subdivided and is individually (and not in "bulk") sold or leased to a member of the public or other ultimate user of the parcel. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one (1) year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy has been issued for a building on the parcel, and the fees set forth under Section 4 of this Agreement have been paid.

2.4.6 Partial Assignment and Assumption. CITY and OWNER agree OWNER may partially assign its obligations and rights under this Agreement, and all amendments hereto, to a purchaser, transferee or assignee of a lot, which has been subdivided subject to provisions of a partial assignment and assumption agreement in a form approved by CITY. Any such complete and executed partial assignment and assumption of this Agreement shall be submitted to CITY for approval pursuant to Section 2.4.1 of this Agreement. Within thirty (30) days following such complete submittal, CITY shall review, and if the above conditions are satisfied, may approve the partial assignment and release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.6 shall cause, or otherwise affect, a release of OWNER from the duties and obligations under this Agreement that are retained by OWNER and excluded from the transfer or assignment.

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Section 65868.1. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Either party or successor in interest, may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided otherwise in this Agreement or in Government Code Section 65865.1. For purposes of this section, the term "successor in interest" shall mean any person having a legal or equitable interest in the whole of the Property, or any portion thereof as to which such person wishes to amend or cancel this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the 1984
46700.10300\33554440.1
10 first instance. Notwithstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to the OWNER of its intention to initiate such proceedings at least sixty (60) days in advance of the giving the public notice of intention to consider the amendment or cancellation.

2.6 Minor Modification. Upon the written application of OWNER, minor modifications and changes to the Development Plan including modifications to building design or footprint (not affecting minimum setbacks), parking layout and design, and landscape area design may be approved by the Director of the Planning Department without the need to amend this Development Agreement. Other changes in the Development Plan shall be processed pursuant to the City Zoning Ordinance. It is also contemplated by CITY and OWNER that OWNER may, from time to time, seek amendments to one or more of the Development Approvals. Any such amendments are contemplated by CITY and OWNER as being within the scope of this Agreement as long as they are consistent with the Land Use Regulations and shall, upon approval by CITY, continue to constitute the Development Approvals as referenced herein. The parties agree that any such modifications or amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

2.7 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and service mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY on which construction has not yet begun shall be refunded to OWNER by CITY within ten (10) business days.

2.8 Notices.
1985
46700.10300\33554440.1
11 (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person, including, without limitation, by courier, to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to CITY:

Scott Ochoa, City Manager
City of Ontario
303 East "B" Street
Ontario, CA 91764
If to OWNER:

Euclid Land Investment, LLC, A Delaware
limited liability company
By: RCCD, Inc. a California corporation,
Its Manager
By: Richard Cisakowski, Its President
8101 E. Kaiser Blvd. Suite 140Anaheim
Hills, CA 92808
With a copy to:

Ruben Duran, City Attorney
Best Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761
With a copy to:

John Condas
Allen Matkins Leck Gamble Mallory &
Natsis LLP
2010 Main Street, Suite 800, Irvine, CA
92614
Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority in Section 3.4, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the 1986
46700.10300\33554440.1
12 maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority in Section 3.4, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.

City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.

3.3.1 Infrastructure Improvement Exhibit. Attached hereto as Exhibits “E” and "F" are a description and depiction, respectively, of the Improvements needed for the development of the Property. In the event of any discrepancy between Exhibit E and Exhibit F, Exhibit F shall control.

3.4 Reservations of Authority.

3.4.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals; (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure; 1987
46700.10300\33554440.1
13 (c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan and the building codes in effect as of the Effective Date;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the occupants of the Project and/or of the immediate community from a condition perilous to their health or safety; (e) Regulations that do not conflict with those rules, regulations and policies set forth in this Agreement or the Development Plan and which do not impose additional obligations, costs, and expenses on OWNER or the Project; (f) Regulations that may conflict with this Agreement but to which the OWNER consents.

3.4.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan and/or the Existing Development Approvals, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan and/or the Existing Development Approvals.

3.4.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.4.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).

3.4.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if 1988
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14 necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.

3.5 Public Works; Utilities. If OWNER is required by this Agreement or a condition of Project approval to construct any public works facilities which will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same standards as would be applicable to CITY or such other public agency should it have undertaken such construction. As a condition of development approval, OWNER shall connect the Project to all utilities necessary to provide adequate water, recycled water, sewer, gas, electric, and other utility services necessary for the Project, as further described and depicted in the Infrastructure Improvements Exhibit. As a further condition of development approval, OWNER shall to the extent possible contract with the CITY for CITY-owned or operated utilities for this purpose, for such price and on such terms as may be available to similarly situated customers in the CITY. As a further condition of development approval, to the extent OWNER does not own the Property in fee simple, OWNER will provide to CITY the written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof, pursuant to Section 2.2.

3.5.1 OWNER agrees that development of the Project shall require the construction of storm drain Improvements from the Property described in Exhibit E and depicted in Exhibit F. OWNER shall be responsible for payment of a fee in-lieu (the Euclid Avenue Storm Drain In-Lieu Fee) of actual construction of the ultimate Euclid Avenue storm drain Improvements, south of Merrill Avenue. OWNER shall pay the CITY prior to the issuance of the first building permit, Nine Hundred Forty-Four Thousand Two Hundred Eighty Seven Dollars and Ninety Four Cents ($944,287.94). Upon OWNER’S complete payment of the Euclid Avenue Storm Drain In-Lieu Fee, the CITY shall issue a Certificate of DIF Credit in the Regional Storm Drain category equal to the amount paid to the CITY.

Such Regional Storm Drain DIF Certificate shall be issued by CITY within thirty (30) business days of the receipt of such required payment. OWNER and CITY agree that CITY may issue grading, building and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY, and OWNER agrees that OWNER shall not request and CITY shall not issue a final occupancy permit for any buildings prior to payment of the Euclid Avenue Storm Drain In-Lieu Fee and construction of the storm drain Improvements described in Exhibit E and depicted in Exhibit F. CITY and OWNER mutually acknowledge and agree, that upon OWNER’s complete payment of the Euclid Avenue Storm Drain In-Lieu Fee, such obligation shall be deemed satisfied and CITY shall not hold up a request for final occupancy permit for any buildings on the Property, based on the actual construction and completion of the ultimate Euclid Avenue storm drain Improvements. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion of the storm drain improvements.

3.5.2 OWNER agrees that development of the Project shall require the construction of street Improvements as described in Exhibit E and depicted in Exhibit F.

OWNER and CITY agree that CITY may issue grading, building and other required 1989
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15 permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY, and OWNER agrees that OWNER shall not request, and CITY shall not issue a final occupancy permit for any buildings on the Property prior to Substantial Completion of the street Improvements as described in Exhibit E and depicted in Exhibit F. For purposes of the foregoing, street Improvements shall be deemed "Substantially Complete" even if the final lift of pavement has not been completed (i.e., OWNER may install the final lift after completion of all other construction). CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion and subject to final acceptance by CITY of the street Improvements. OWNER agrees that the street improvements shall be completed and subject to final acceptance by CITY prior to the release of any security for the construction of the street improvements. OWNER and CITY agree that a portion of the street Improvements described in Exhibit E and depicted in Exhibit F may be constructed by others, or pursuant to a cooperative agreement with others. If such street Improvements are constructed by others, or in cooperation with others, and are completed and accepted by CITY prior to OWNER's request to CITY of the required grading, building or other required permits for OWNER to initiate construction of structures for the Property, then OWNER shall not be required to construct those street Improvements constructed and completed by others and accepted by CITY.

3.5.3 OWNER agrees that development of the Property shall require the construction of water utility Improvements as described in Exhibit E and depicted in Exhibit F consisting generally of the construction of the potable water Improvements to serve the Property as described in Exhibit E and depicted in Exhibit F. OWNER and CITY agree that CITY may issue grading, building and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY upon completion of sufficient water improvements to serve the Property from at least one point of connection. OWNER and CITY agree that OWNER may, in-lieu of utilizing recycled water during grading and construction, utilize water from existing agricultural wells on the Property subject to the terms of a separate Well Use Agreement between the CITY and OWNER. OWNER agrees that OWNER shall not request and CITY shall not issue a final occupancy permit for any buildings on the Property until the completion of the potable water improvements described in Exhibit E and depicted in Exhibit F. City agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion of the water improvements if there is available permanent water service from a minimum of two (2) points of connection and sufficient water is available for fire protection purposes for any buildings while under construction. OWNER and CITY agree that a portion of the water Improvements described in Exhibit E and depicted in Exhibit F may be constructed by others, or pursuant to a cooperative agreement with others. If such water Improvements are constructed by others, or in cooperation with others, and are completed and accepted by CITY prior to OWNER's request to CITY of the required grading, building or other required permits for OWNER to initiate construction of structures for the Property, then OWNER shall not be required to construct those water Improvements constructed and completed by others and accepted by CITY.
1990
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16 3.5.4 OWNER agrees that development of the Property shall require the construction of sewer Improvements as described in Exhibit E and depicted in Exhibit F.

OWNER and CITY agree that CITY may issue grading, building and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY, and OWNER agrees that OWNER shall not request and CITY shall not issue a final occupancy permit for any buildings prior to completion of the sewer improvements described in Exhibit E and depicted in Exhibit F. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a buildingby-building basis prior to the completion of the sewer improvements described in Exhibit E and depicted in Exhibit F. OWNER and CITY agree that a portion of the sewer Improvements described in Exhibit E and depicted in Exhibit F may be constructed by others, or pursuant to a cooperative agreement with others. If such sewer Improvements are constructed by others, or in cooperation with others, and are completed and accepted by CITY prior to OWNER's request to CITY of the required grading, building or other required permits for OWNER to initiate construction of structures for the Property, then OWNER shall not be required to construct those sewer Improvements constructed and completed by others and accepted by CITY.

3.5.5 OWNER agrees that development of the Property shall require the construction of recycled water utility improvements to serve the Property, consisting generally of the construction of recycled water utility Improvements as described in Exhibit E and depicted in Exhibit F. OWNER and CITY agree that the CITY may issue grading, building and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY upon completion of sufficient water and recycled water improvements to serve the Property from at least one point of connection and OWNER agrees that OWNER shall not request and CITY shall not issue any occupancy permit for any buildings on the Property until the completion of the water improvements described in Exhibit E and depicted in Exhibit F. CITY agrees that OWNER may request a temporary occupancy permit for a building and, if OWNER requests that a temporary certificate of occupancy be issued for a building prior to the completion of the extension of permanent master planned recycled water utility Improvements to serve the Property that CITY may consider such request and may issue temporary certificates of occupancy on a building-by-building basis prior to completion of recycled water improvements if there is available permanent recycled water service connection and sufficient recycled water is available. OWNER and CITY agree that all, or a portion of, the permanent master planned recycled water utility Improvements described in Exhibit E and depicted in Exhibit F may be constructed by others. If such recycled water utility Improvements are constructed by others and completed and accepted by CITY prior to OWNER'S request to CITY of the required grading, building, or other required permits for OWNER to initiate construction of structures for the Property, then OWNER shall not be required to construct those permanent master planned recycled water utility Improvements.

3.5.6 OWNER agrees that development of the Property shall require the construction of fiber optic communications infrastructure, at OWNER's sole cost and expense, as described in the attached Exhibit E and depicted in Exhibit F consisting generally of the construction of fiber optic communications infrastructure to serve the 1991
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17 Property. OWNER and CITY agree that CITY may issue grading, building and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY and OWNER agrees that OWNER shall not request and CITY shall not issue a final occupancy permit for any buildings prior to completion of the fiber optic communications infrastructure, as described in Exhibit E and depicted in Exhibit F. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to the completion of the fiber optic communications infrastructure, as described in Exhibit E and depicted in Exhibit F.

3.6 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation to construct any public improvement on land not owned by OWNER ("Offsite Improvements"), the CITY and OWNER shall cooperate in acquiring the necessary legal interest ("Offsite Property") as described below in Section 3.7. This Section 3.6 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.7 Real Property Interests.

3.7.1 CITY Acquisition of Offsite Property. In the event OWNER is required to construct any public improvements on land not owned by OWNER, Sections 3.7.1 and

3.7.2 shall control the acquisition of the Offsite Property. If the OWNER is unable to acquire such Offsite Property, and following the written request from the OWNER to CITY, CITY agrees to use reasonable and diligent good faith efforts to acquire the Offsite Property from the owner or owners of record by negotiation to the extent permitted by law and consistent with this Agreement. If CITY is unable to acquire the Offsite Property by negotiation within thirty (30) days after OWNER'S written request, CITY may, initiate proceedings utilizing its power of eminent domain to acquire the Offsite Property at a public hearing noticed and conducted in accordance with California Code of Civil Procedure Section 1245.235 for the purpose of considering the adoption of a resolution of necessity concerning the Offsite Property, subject to the conditions set forth in this Section 3.7.1 The CITY and OWNER acknowledge that the timelines set forth in this Section 3.7.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Offsite Property. CITY agrees to use reasonable good faith efforts to complete the actions described within lesser time periods, to the extent that it is reasonably able to do so, consistent with the legal constraints imposed upon CITY.

3.7.2 Owner's Option to Terminate Proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease all acquisition proceedings with respect to that Offsite Property, whereupon CITY shall cease such proceedings. CITY may provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on 1992
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18 CITY's intent to consider the adoption of a resolution of necessity as to any Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease condemnation proceedings, whereupon CITY shall cease such proceedings. If OWNER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the Offsite Property resolution of necessity. If CITY adopts such resolution of necessity, then CITY may institute condemnation proceedings and file a complaint in condemnation and seek an order of immediate possession with respect to the Offsite Property.

3.8 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.

3.9 Tentative Parcel Maps. With respect to applications by OWNER for tentative parcel maps for portions of the Property, CITY agrees that OWNER may file and process tentative maps in accordance with Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code and the applicable provisions of CITY's subdivision ordinance, as the same may be amended from time to time. In accordance with the provisions of Section 66452.6 of the Government Code, each tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be deemed to have been granted an extension of time to and until the expiration, cancellation, or termination of this Agreement.

3.10 Specific Plan Charge. Pursuant to Government Code section 65456, the City Council may consider adopting a specific plan charge upon persons seeking CITY approvals that are required to be consistent with the Specific Plan. Any such charges shall, in the aggregate, defray, but not exceed, the estimated cost of preparation, adoption, and administration of the Specific Plan, including costs incurred pursuant to the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.). As nearly as can be estimated, the charges shall be a prorated amount in accordance with the applicant’s relative benefit derived from the Specific Plan. If such charges are adopted, the CITY shall use such charges to reimburse the OWNER who originally paid the cost of preparing the Specific Plan, including costs incurred pursuant to the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) to the extent the OWNER paid more than its relative benefit from the Specific Plan. Such charges, if adopted, shall be imposed on persons seeking CITY approvals that are required to be consistent with the Specific Plan, to the extent such person(s) has/have not entered into a reimbursement agreement with, and satisfactory to, the person(s) originally responsible for the cost of preparing the Specific Plan, including costs incurred pursuant to CEQA.

4. PUBLIC BENEFITS.
1993
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19 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Development Impact Fees.

4.2.1 Amount of Development Impact Fee. Development Impact Fees (DIF) shall be paid by OWNER. The Development Impact Fee amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new Development Impact Fees or amend the amounts of existing Development Impact Fees. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, Development Impact Fees established or imposed by such other public agencies, even though such Development Impact Fees may be collected by CITY.

4.2.2 Time of Payment. The Development Impact Fees required pursuant to Section 4.2.1 shall be paid to CITY prior to the issuance of building permit for each applicable building (subject to the application/use of available fee deferrals or credits), except for the Species, Habitat Conservation, and Open Space Mitigation Development Impact Fee, which shall be paid by OWNER to CITY prior to the issuance of a grading permit.

4.3 Responsibility for Construction of Public Improvements.

4.3.1 Timely Construction of Public Infrastructure. The phasing of the area wide infrastructure construction within the vicinity of the Project shall be as approved by the CITY. OWNER shall be responsible for the timely construction and completion of all public infrastructure required for the Project as described and depicted in the Infrastructure Improvements Exhibit and any and all parcel map conditions. Unless otherwise specified in the Parcel Map conditions, and subject to the provisions of Section

3.5 and 3.6, all other required Improvements for the parcel map, shall be substantially completed and operational prior to, and as a condition precedent to, OWNER requesting and CITY's granting of a final occupancy permit for any buildings to be constructed on the Property within the applicable parcel map. All Infrastructure and Improvements shall be completed as required by the Subdivision Agreement/Parcel Map conditions for Parcel Map No. 20714.

4.3.3 Construction of Public Infrastructure by Third Parties. CITY and OWNER acknowledge that a portion of the Improvements described in Exhibit E and depicted in Exhibit F are necessary for the development of surrounding properties within the Ontario Ranch and the other property owners are also obligated to construct the Improvements or portions thereof. As such, CITY agrees that OWNER's obligation to construct the 1994
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20 Improvements may be satisfied by third party owners pursuant to separate written agreements between OWNER and said third party undertaking the construction of the Improvements. Nothing in this Agreement shall be construed to prohibit the coordination of the construction of the Improvements between private parties, including the allocation of costs for the construction of the Improvements. Notwithstanding anything to the contrary herein, any applicable DIF Credits may be transferred and assigned from one (1) party to another with respect to the construction of the Improvements and such transfer or assignment shall not require the conveyance of any real property.

4.3.4 Availability and Use of Recycled Water. OWNER agrees that recycled water shall be available and utilized by OWNER for all construction-related water uses including prior to, and during, any grading of the Property. OWNER and CITY agree that OWNER may, in-lieu of utilizing recycled water during grading and construction, utilize water from existing agricultural wells on the Property subject to the terms of a separate Well Use Agreement between the CITY and OWNER.

4.3.5 Construction of DIF Program Infrastructure. To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY's Development Impact Fee Program, CITY agrees that CITY shall issue DIF Credit in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER. Limitations on the use of DIF Credit issued to OWNER to offset OWNER's DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. OWNER may be eligible to receive DIF Credit from OWNER's construction of DIF Program Infrastructure. Any such DIF Credit shall be subject to a Fee Credit Agreement between CITY and OWNER. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY's adopted policies applicable to such agreements.

4.4 Water Availability.

4.5.1 Water Availability. The Property requires the completion of the Phase 2 Water Improvements (Phase 2A and 2B) for permanent water system capacity and supply. Until the Phase 2 Water Improvements are fully constructed and completed, OWNER acknowledges that the Project shall have sufficient water capacity and supply on an interim basis made available through the construction of the Potable Water Improvements (as described in Exhibit E), the Phase 2A Water Improvements, and the Interim Chino Avenue Loop depicted in Exhibit F. OWNER acknowledges and agrees that the CITY shall not issue final certificates of occupancy for the Project until the completion of the Potable Water Improvements (as described in Exhibit E), the Phase 2A Water Improvements and the Interim Chino Avenue Loop, as depicted in Exhibit F. OWNER further acknowledges and agrees the Property requires the Phase 2 Water Improvements as depicted in Exhibit F.

4.5.2 Phase 2 Water Construction Fee. Prior to CITY’s issuance of a grading permit (with the exception of the grading permit for PTUP24-043) for any parcel of the Property (each, a “Grading Permit”), OWNER shall pay to CITY the applicable Phase 2 Water Construction Fee. The Phase 2 Water Construction Fee shall be calculated based 1995
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21 on the following formula: (a) the regional water development impact fee, based on the square footage of developable property and the approved land use category for each Phase of the Project (the “Base Regional Water DIF”), PLUS (b) OWNER’s pro rata share of the difference between the total projected cost of construction of the Phase 2 Water Improvements (the “Pro Rata Share”) and the Base Regional Water DIF. To determine the Pro Rata Share, which may fluctuate over time, CITY shall, at the time OWNER applies for a Grading Permit, calculate the total projected cost of construction of the Phase 2 Water Improvements and subtract from that amount (y) all Phase 2 Water Construction Fees previously collected and (z) the aggregate Base Regional Water DIF to be paid by OWNER and all developers then at that time obligated to pay a Base Regional Water DIF specifically for use of the Phase 2 Water Improvements (together, the “Phase 2 Water Developers”). If the difference is zero or a number less than zero, then there is no Pro Rata Share and the Phase 2 Water Construction Fee shall equal the sum of all Base Regional Water DIF to be paid by all Phase 2 Water Developers. If the difference results in a positive number, the funding gap (the “Funding Gap”) shall be divided by the total acreage of land to be developed by the Phase 2 Water Developers to obtain a Funding Gap “per acre” amount (the “Funding Gap Per Acre Amount”). Each Phase 2 Water Developer’s respective total acreage to be developed shall then be multiplied by the Funding Gap Per Acre Amount to obtain each Phase 2 Water Developer’s Pro Rata Share, which will then be added to each Phase 2 Water Developer’s Base Regional Water DIF to obtain the Phase 2 Water Construction Fee due and payable at the time of issuance of the applicable Grading Permit.

4.5.3 DIF Credit for Phase 2 Water Construction Fees. Within thirty (30) days of OWNER's payment of each Phase 2 Water Construction Fee, CITY shall issue a certificate of DIF Credit which may be used to offset OWNER's DIF obligations in the Regional Water DIF Category. The form of the Certificate of DIF Credit shall be as described in Exhibit G, attached hereto and incorporated herein. OWNER acknowledges that any Regional Water DIF Credit issued to OWNER shall not be used to satisfy Phase 2 Water Construction Fees and may only be used to offset OWNER’s DIF obligations in the Regional Water DIF Category.

4.5.4 Additional Contributions for Phase 2 Water Improvements. OWNER acknowledges and agrees that, as of the Effective Date of this Agreement, the CITY does not have sufficient funding to construct and complete the Phase 2 Water Improvements. OWNER agrees to provide the CITY with additional contributions for the Phase 2 Water Improvements prior to the issuance of a Grading Permit (with the exception of the grading permit for PTUP24-043) for any Phase within the Project, pursuant to the Pro Rata Share calculation as set forth in Section 4.5.2 above. OWNER acknowledges and agrees that the CITY has the right to conduct subsequent reviews of the available funding for the construction of, or continuation of the construction of, the Phase 2 Water Improvements. If at any time outside of OWNER’s submission of a request for a Grading Permit the CITY determines that there is not sufficient funding for the construction of, or continuation of the construction of, the Phase 2 Water Improvements necessary to support current and anticipated future development within the Ontario Ranch area served by the Phase 2 Water Improvements, OWNER agrees to pay such 1996
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22 subsequent additional contribution payment necessary from the OWNER (on a pro rata basis with other Phase 2 Water Developers then existing at the time) to the CITY to initiate construction of, or continue construction of, the Phase 2 Water Improvements. The CITY shall determine OWNER’s additional contribution amount (above and beyond OWNER’s Pro Rata Share) and such amount shall be due and payable to the CITY within thirty (30) days of written notice from the CITY to OWNER.

4.5.5 Future Reimbursement of Pro Rata Share of Phase 2 Water Construction Fees. OWNER agrees that the CITY will be responsible for the construction and completion of the Phase 2 Water Improvements, as depicted in Exhibit F. Subject to the successful completion of the Phase 2 Water Improvements, CITY and OWNER shall meet periodically and/or as needed from the date of completion of the Phase 2 Water Improvements, to jointly develop a plan and mutually enter into an agreement for the reimbursement of OWNER’s Pro Rata Share of Phase 2 Water Construction Fees that may be reimbursed from future development in the 925 Zone as depicted in the City’s Domestic Water Master Plan, following any reallocation of each Phase 2 Water Developer’s Pro Rata Share, CITY’s collection of additional Regional Water DIF in connection with construction of the Phase 2 Water Improvements, and after the completion of the Phase 2 Water Improvements. Such agreement shall be approved at the sole discretion of the Ontario City Council.

4.5 Compliance with Public Benefits Requirements.

4.5.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.5, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement, thereby entitling CITY to any and all remedies available to it, including, without limitation, the right of CITY to withhold OWNER's Project-related building permits, certificates of occupancy, or discretionary approvals, without liability. Nothing herein shall waive OWNER's right to assert a default (or failure to perform) by CITY has excused OWNER's performance under this Agreement.

5. FINANCING OF PUBLIC IMPROVEMENTS.

5.1 Financing Mechanism(s). OWNER agrees that, prior to the recordation of any Parcel Map, the property subject to such Parcel Map shall be included in a CFD to finance CITY services through annual special taxes that will initially be Twenty-Five Cents ($.25) per square foot for non-residential buildings. These amounts shall be subject to an automatic increase at a rate not to exceed four (4%) percent per year, unless otherwise modified by CITY. Depending on the fiscal year that the CFD is formed and the CFD tax is levied, the annual special taxes may be higher. CITY shall be the sole and exclusive lead agency in the formation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment district, or financing mechanism may be used, subject to restrictions that may be imposed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without 1997
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23 limitation those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.1 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Written evidence by such school district(s) may be required by the CITY as the condition to the formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, without limitation, the adoption of any resolution of intention to form such CFD, assessment district or other public financing mechanism within the Property. It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit CITY’s ability to take any and all necessary steps requisite to the formation of the CFD to finance CITY services through annual special taxes as set forth in this Section 5.1. Formation of any CFD, assessment district or other public financing mechanism within the Property, shall be subject to CITY's ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY's public financing district policies as such policies may be amended from time to time. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district.

6. [OMITTED]

7. REVIEW FOR COMPLIANCE.

7.1 Periodic and Special Reviews.

7.1.1 Time for and Initiation of Periodic Review. The CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by the OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form acceptable to the City Manager, along with any applicable processing charge within ten (10) days after each anniversary date of the Effective Date of this Agreement. Within fifteen (15) days after the receipt of the Annual Monitoring Report, CITY shall review the Annual Monitoring Report. Prior to the expiration of the fifteen (15) day review period, CITY shall either issue a notice of continuing compliance or a notice of non-compliance and a notice of CITY's intent to conduct a Special Review pursuant to Sections 7.1.2 through 7.1.6. Issuance of a notice of continuing compliance may be issued by the City Manager or his designee.

7.1.2 Initiation of Special Review. A special review may be called either by agreement between the parties or by initiation in one or more of the following ways:
(a) Recommendation of the Planning staff;
(b) Affirmative vote of at least four (4) members of the Planning Commission; or (c) Affirmative vote of at least three (3) members of the City Council. 1998
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24 7.1.3 Notice of Special Review. The City Manager shall begin the special review proceeding by giving notice that the CITY intends to undertake a special review of this Agreement to the OWNER. Such notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission.

7.1.4 Public Hearing. The Planning Commission shall conduct a hearing at which the OWNER must demonstrate good faith compliance with the terms of this Agreement.

The burden of proof on this issue is upon the OWNER.

7.1.5 Findings Upon Public Hearing. The Planning Commission shall determine upon the basis of substantial evidence whether or not the OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement.

7.1.6 Procedure Upon Findings.
(a) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded. (b) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has not complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement. (c) The OWNER may appeal a determination pursuant to paragraph (b) to the City Council in accordance with the CITY's rule for consideration of appeals in zoning matters generally.

7.2 Proceedings Upon Modification or Termination. If, upon a finding under Section

7.1.6(b), the CITY determines to proceed with modification or termination of this Agreement, the CITY shall give notice to the property OWNER of its intention so to do.

The notice shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not the CITY proposes to terminate or to modify this Agreement; and
(c) Other information that the CITY considers necessary to inform the OWNER of the nature of the proceeding.

7.3 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard.

The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER.

If the City Council finds, based upon substantial evidence in the administrative record, that the OWNER has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate this Agreement or modify this Agreement and 1999
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25 impose those conditions to the action it takes as it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

7.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance ("Certificate") to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

8. [OMITTED]

9. DEFAULT AND REMEDIES.

9.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that (i) CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages and (ii) OWNER shall not be liable in damages to CITY, or to any other person, and CITY covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

9.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
2000
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26 (a) Money damages are unavailable against CITY and OWNER as provided in Section 9.1 above.
(b) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.

9.3 Release. Except for non-damage remedies, including the remedies of judicial review and of specific performance as provided for in Sections 7.3 and 9.2, respectively,, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

9.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Sections 7.2 and 7.3 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

9.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has 2001
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27 failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

10.THIRD PARTY LITIGATION.

10.1 General Plan Litigation. CITY has determined that this Agreement is consistent with the General Plan, as such General Plan exists as of the Effective Date ("General Plan"), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan or this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

10.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

10.3 Indemnity. In addition to the provisions of Section 10.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER's employees included) or any other element of damage of any kind or nature, to the extent relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents, employees and independent contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

OWNER’s indemnity obligation shall terminate following CITY’s legal acceptance of (i.e. taking of title to) the Improvements.

10.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, to the extent based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation 2002
46700.10300\33554440.1
28 relating to industrial hygiene or to environmental conditions on, under or about the Property during OWNER'S period of ownership of the Property, including, but not limited to, soil and groundwater conditions caused by OWNER, and OWNER shall defend, at its expense, including attorneys' fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

10.5 Reservation of Rights. With respect to Sections 10.2, 10.3 and 10.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor.

10.6 Survival. The provisions of this Sections 10.1 through 10.6, inclusive, shall survive the termination of this Agreement.

11. MORTGAGEE PROTECTION.

11.1 Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER's obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. 2003
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29 (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER's obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement (e) In the event of a default by OWNER, any Mortgagee shall have the right to remedy, or cause to be remedied, such default within sixty (60) days following the later to occur of (i) the date of Mortgagee's receipt of the notice referred to in Section 9.4 above, or (ii) the expiration of the period provided herein for OWNER to remedy or cure such default, and CITY shall accept such performance by or at the insistence of the Mortgagee as if the same had been timely made by OWNER; provided, however, that (i) if such default is not capable of being cured within the timeframes set forth in this Section and Mortgagee commences to cure the default within such timeframes, then Mortgagee shall have such additional time as is required to cure the default so long as Mortgagee diligently prosecutes the cure to completion and (ii) if possession of the Property (or portion thereof) is required to effectuate such cure or remedy, the Mortgagee shall be deemed to have timely cured or remedied if it commences the proceedings necessary to obtain possession thereof within sixty (60) days after receipt of the copy of the notice, diligently pursues such proceedings to completion, and, after obtaining possession, diligently completes such cure or remedy.

12. MISCELLANEOUS PROVISIONS.

12.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within ten (10) days after the CITY executes this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.

12.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 2004
46700.10300\33554440.1
30 12.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

12.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

12.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

12.6 Singular and Plural. As used herein, the singular of any word includes the plural.

12.7 Joint and Several Obligations. Pursuant to Section 2.4, if at any time during the term of this Agreement the Property is subsequently owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners.

Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.

12.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

12.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

12.10 No Third-Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

12.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, 2005
46700.10300\33554440.1
31 earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, governmental orders related to statewide or national pandemics, any third party court actions challenging the Project (including but not limited to writs of mandate, restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

12.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

12.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

12.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

12.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

12.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

12.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall 2006
46700.10300\33554440.1
32 promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate his powers and duties under this Agreement to an Assistant City Manager or other management level employee of the CITY.

12.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

12.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

12.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates requested by OWNER under this Section 12.20 prior to CITY's issuance of such certificates.

12.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.
2007
46700.10300\33554440.1
33 12.22 Prevailing Wage. OWNER, for itself, its successors, and assigns, agrees, covenants, and warrants that the development of the Property, if any, shall comply with all applicable federal and state labor laws (including, without limitation, the requirement under California law to pay prevailing wages and hire apprentices), and all obligations as set forth herein.12.22.1 CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq.

12.22.2 OWNER acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations with respect to the payment of prevailing wages and complying therewith. OWNER shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

12.22.3 The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Property by OWNER, its successors or assigns. OWNER shall be solely responsible for determining and effectuating compliance with such laws.

12.22.4 OWNER, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND ASSIGNS,

WAIVES AND RELEASES CITY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO OWNER PURSUANT TO LABOR CODE SECTION 1781 OR THE DAVIS BACON ACT. RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 12.22, OWNER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES

NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

INITIALS. BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
_______________
(Owner's Initials)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
2008
46700.10300\33554440.1
34 SIGNATURE PAGE

TO DEVELOPMENT AGREEMENT
FILE NO. PDA23-004
"OWNER"
Euclid Land Investment, LLC
A Delaware limited liability company
By: ________________________

Authorized Signatory
Date: ___________________
ATTEST:

City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
City Attorney
"CITY"

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
Date: ___________________
2009
46700.10300\33554440.1
35 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On this ___ day of ______________, 2023 before
me, , Notary Public, personally
appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
2010
46700.10300\33554440.1
36 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA

COUNTY OF
On this ___ day of ______________, 2023 before
me, , Notary Public, personally
appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: (Seal)
2011
46700.10300\33554440.1
37 EXHIBIT "A"

TO DEVELOPMENT AGREEMENT
Legal Description of Property

LEGAL DESCRIPTION

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ONTARIO, IN THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

LOTS 1, 2, 3, 16, 17, 18, 20, 21 AND 35 OF SECTION 18, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN

BERNARDINO BASE AND MERIDIAN, ACCORDING TO MAP OF SUBDIVISION OF PART OF RANCHO SANTA ANA DEL CHINO, AS PER PLAT RECORDED IN BOOK 6, PAGE 15, OF MAPS, RECORDS OF SAID COUNTY.

EXCEPTING THEREFROM ANY PORTION LYING WITHIN EUCLID AVENUE 200 FEET WIDE, AS DESCRIBED IN SUPERIOR COURT CASE NO. 139648 AND CASE NO. 150425, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 13, 1972 AS INSTRUMENT NO. 614 IN BOOK 8019, PAGE 930 OF OFFICIAL RECORDS OF THE COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA.

APN: 1053-071-01-0-000
APN: 1053-071-02-0-000
APN: 1053-071-03-0-000
APN: 1053-071-04-0-000
APN: 1053-211-01-0-000
APN: 1053-211-02-0-000
APN: 1053-281-08-0-000
APN: 1053-081-01-0-000
APN: 1053-081-02-0-000
APN: 1053-081-03-0-000
APN: 1053-081-04-0-000
2012
46700.10300\33554440.1
38 EXHIBIT "B"

TO DEVELOPMENT AGREEMENT
Map showing Property and its location
2013
46700.10300\33554440.1
39 EXHIBIT "C"

TO DEVELOPMENT AGREEMENT
Existing Development Approvals
On, July 23, 2024, the Planning Commission:
a) Issued Resolution No.__________ recommending City Council certification of the Euclid Mixed Use Specific Plan EIR (SCH#2023020281); and
b) Issued Resolution No.__________ recommending City Council approval of the Euclid Mixed Use Specific Plan (File No. PSP22-001) On, August 20, 2024, the City Council:
a) Adopted and certified the Euclid Mixed Use Specific Plan Environmental Impact Report (SCH#2023020281) and issued Resolution No.______; and b) Adopted Ordinance No.__________ approving the Euclid Mixed Use Specific Plan (File No. PSP22-001)
2014
46700.10300\33554440.1
40 EXHIBIT "D"

TO DEVELOPMENT AGREEMENT
Existing Land Use Regulations
These documents are listed for reference only:

1. Euclid Mixed-Used Specific Plan, Ordinance No._____ (File No. PSP22- 001)

2. Euclid Mixed-Used Specific Plan EIR, Resolution No._______ (SCH#2023020281)

3. City of Ontario Municipal Code:
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks and Recreation
2015
46700.10300\33554440.1
41 EXHIBIT “E”

TO THE DEVELOPMENT AGREEMENT

DESCRIPTION OF REQUIRED IMPROVEMENTS
OWNER shall design, construct, and complete the following Street, Sewer, Storm Drain, Potable Water, Recycled Water, and Fiber Optic improvements, prior to OWNER’s request for any final certificate of occupancy permit for any building within the Property.

Street (ST) Improvements
a. ST improvements on Schaefer Ave from Euclid Ave to Sultana Ave b. ST improvements on Euclid Ave from Schaefer Ave to Edison/Ontario Ranch Rd.
c. ST improvements on Sultana Ave along the project frontage Potable Water (PW) Improvements
a. PW improvements on Schaefer Ave from Euclid Ave to Grove Ave b. PW improvements on Euclid Ave from Schaefer Ave to Eucalyptus Ave c. PW improvements on Sultana Ave
Storm Drain (SD) Improvements
a. SD improvements on Schaefer Ave from Euclid Ave to Sultana Ave b. SD improvements on Euclid Ave from Schaefer Ave to Eucalyptus Ave Recycled Water (RW) Improvements
a. RW improvements on Schaefer Ave from Euclid Ave to Sultana Ave b. RW improvements on Euclid Ave from Schaefer Ave to Eucalyptus Ave c. RW improvements on Sultana Ave
Sewer (SW) Improvements
a. SW improvements on Euclid Ave from Schaefer Ave to Eucalyptus Ave Fiber Optics (FO) improvements
a. FO improvements on Schaefer Ave from Euclid Ave to Sultana Ave b. FO improvements on Euclid Ave along project frontage c. FO improvements on Sultana along project frontage
2016
46700.10300\33554440.1
42 EXHIBIT "F"

TO DEVELOPMENT AGREEMENT
Required Infrastructure Improvements
(SEE ATTACHED EXHIBITS)
2017
46700.10300
\33554440.1
43 2018
46700.10300
\33554440.1
44 2019
46700.10300
\33554440.1
45 2020
46700.10300
\33554440.1
46 2021
46700.10300
\33554440.1
47 2022
46700.10300
\33554440.1
48 2023
46700.10300
\33554440.1
49 2024
46700.10300\33554440.1
50 Exhibit "G"

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF REGIONAL DIF CREDIT
Pursuant to Section 4.5.3 of this Agreement by and between the City of Ontario and ____________________, dated _______________, 20 , the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called the "Development Agreement', the City of Ontario hereby certifies that OWNER is entitled to the following amount and nature of DIF Credits in the Regional Water DIF Infrastructure Category:

Amount of Credit: $
Scott Ochoa, City Manager
Dated:
2025
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting: Scott Murphy,
Executive Director Community Development
Reviewed By: Kimberly Ruddins, Henry
Noh, Rudy Zeledon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 27
SUBJECT: A PUBLIC HEARING TO CONSIDER AN EXTENSION FOR ORDINANCE NO. 3275, AN

URGENCY ORDINANCE TO IMPLEMENT MULTIPLE-FAMILY RESIDENTIAL AND

MIXED-USE RESIDENTIAL OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS, FILE NO. PDCA24-001

CITY OF ONTARIO
Agenda Report
August 20, 2024
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council consider and waive further reading of an extension to the Urgency Ordinance amending the reference document section of the City's Development Code.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is not a direct fiscal impact with this action.

BACKGROUND & ANALYSIS:

Background: On June 4, 2024, the City Council approved an Urgency Ordinance adopting an interim Development Code Amendment that revised the reference section to establish Objective Development and Design Standards to comply with the Housing Element programs 9.19 and 9.21 and the requirements of Government Code Section 65589. Government Code Section 65589.5 mandates that local governments facilitate the approval of housing development projects through the application of objective development and design standards, ensuring transparency, predictability, and fairness in the approval process.

Government Code Section 65858 grants the City Council the authority to adopt an Urgency Ordinance as an interim measure that would temporarily amend the City’s Development Code for the purpose of revising the local regulatory scheme. Moreover, Government Code Section 65858(a) provides that an Urgency Ordinance expires, and is of no further force and effect, 90 days following the date of its adoption. The City Council may extend this time limit for up to an additional 9 months after providing public notice and conducting a public hearing. The extension of the Urgency 2026
Ordinance requires a four-fifths vote for adoption.

It is Staff’s recommendation that the City Council approve the extension of the Urgency Ordinance for an additional 9 months to June 3, 2025, to allow sufficient time for Staff to study and prepare an Ordinance and present its recommendations to the City Council regarding permanent revisions to the City’s regulatory system pertaining to objective development and design standards, consistent with the goals and policies of the City’s General Plan, California Planning and Zoning Law, and the provisions of California Government Code Section 65858.

Environmental Review: The Urgency Ordinance is exempt from the California Environmental Quality Act (CEQA) as this project meets the required actions of CEQA Guidelines Section 15183 – Projects Consistent with a Community Plan, General Plan, or Zoning, because it involves direction to Staff to adopt and implement design standards, which will not cause significant environmental impact and implements a uniformly applied development policy or standard that is consistent with the General Plan Housing Element policy to regulate multi-family residential development further. 2027
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, EXTENDING ORDINANCE NO. 3275, AN URGENCY

ORDINANCE CONSISTING OF AN AMENDMENT TO THE ONTARIO
MUNICIPAL CODE, FILE NO. PDCA24-001, AMENDING THE

REFERENCE SECTION OF THE ONTARIO DEVELOPMENT CODE

ESTABLISHING MULTIPLE-FAMILY RESIDENTIAL AND MIXED-USE

RESIDENTIAL OBJECTIVE DEVELOPMENT AND DESIGN
STANDARDS.

WHEREAS, at the regular public meeting on June 4, 2024, the City Council of the City of Ontario found that the protection of the public safety, health and welfare of the City required the City Council to adopt Ordinance No. 3275, an interim urgency ordinance consisting of an amendment to the Ontario Municipal Code, File No. PDCA24-001, which amended the reference section of the Ontario Development Code establishing multiplefamily residential and mixed-use residential objective development and design standards; and
WHEREAS, pursuant to Government Code Section 65858, Ordinance No 3275, as an interim urgency ordinance, expires 90 days after approval on September 3, 2024, unless the City Council, by a four-fifths vote, after notice has been given pursuant to Government Code Section 65090 and a public hearing conducted, extends Ordinance No. 3275 for 9 months to expire on June 3, 2025; and
WHEREAS, City staff intends to undertake further study and present its recommendations to the City Council regarding permanent revisions to the City’s regulatory scheme pertaining to objective development and design standards, consistent with the goals and policies of the City’s General Plan, California Planning and Zoning Law, and the provisions of California Government Code Section 65858; and WHEREAS, for the last several years, the State has enacted housing-related statutes that either limit or prohibit the use of local subjective standards for new development; and
WHEREAS, the City has historically regulated new housing development through a mix of subjective and objective standards to ensure that each project is reasonable and compatible with surrounding uses and City goals and objectives; and WHEREAS, the City’s current objective standards on their own are not sufficient to ensure that new housing development is reasonable or compatible; and WHEREAS, as state law has evolved to increasingly limit the City’s use of subjective standards, the need for more and more-thoughtful objective standards has become urgent; and
2028
WHEREAS, specifically the approval of multiple-family residential and mixed-use residential development projects in various zoning districts based solely on the default standards currently in the City’s Development Code, without additional appropriate objective regulations governing project design, site planning, building massing, height, setback, landscape, building type, architectural review, and similar criteria, threatens to adversely impact the character of existing neighborhoods and to negatively impact property values, personal privacy, and fire safety; and WHEREAS, the City desires now to amend its local regulatory scheme to provide reasonable and appropriate objective standards, in compliance with state law and the City’s own adopted housing element; and
WHEREAS, Government Code Section 65589.5 mandates that local governments facilitate the approval of housing development projects through the application of objective development and design standards, ensuring transparency, predictability, and fairness in the approval process; and
WHEREAS, to protect public safety, health, and welfare, the City Council may adopt this ordinance as an urgency measure in accordance with Government Code section 36937(b) and the City of Ontario Municipal Code; and WHEREAS, the urgency ordinance will allow the City to respond and impose consistent development standards to address the anticipated increase in housing development project applications. The ODDS adoption by urgency ordinance be followed at the earliest possible time by a non- urgency ordinance that will be considered for approval by the Planning Commission before returning to the City Council for ultimate adoption; and
WHEREAS, Ordinance No. 3275 has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, 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, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1: Incorporation of Recitals. The recitals above are each incorporated by reference and adopted as findings by the City Council. 2029
SECTION 2. Environmental Determination and Findings. Adoption of this urgency ordinance has been assessed under CEQA and is deemed exempt based on CEQA Guidelines Section 15183, as it involves the adoption and implementation of Design Standards. This falls under the exemption for Projects Consistent with a Community Plan, General Plan, or Zoning, as it directs staff to adopt standards aligned with the General Plan Housing Element policy for multiple-family residential development.

The determination relies on Section 15004, providing guidance on the timing of environmental review. While projects using the Design Standards may need environmental documents, the adoption of Objective Development and Design Standards is exempt from CEQA as it won’t significantly impact the environment. Staff recommends City Council acknowledge the exemption, accept the NOE, and instruct staff to file the document under CEQA and the CEQA Guidelines (14 CCR Section 1500, et seq.).

SECTION 3: General Plan Consistency. This ordinance is, as a matter of law, consistent with the City’s General Plan under the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan (“TOP”). More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:
(1) City Council Goals.
 Invest in the Growth and Evolution of the City’s Economy  Operate in a Businesslike Manner
(2) Vision.

Distinctive Development:
 Commercial and Residential Development
 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.
(3) Policy Plan (General Plan)
Land Use Element:
 Goal LU-1 Balance. A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.  LU-1.1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City. 2030
Housing Element:
 Goal H-2 Housing Supply & Diversity. Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.
 H-2.5 Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices.  H-2.6 Infill Development. We support the revitalization of neighborhoods through the construction of higher-density residential developments on underutilized residential and commercial sites.

Community Economics Element:
 Goal CE-1 Complete Community: A complete community that provides for all incomes and stages of life.
 CE-1.6 Diversity of Housing. We collaborate with residents, housing providers, and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses.
 Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
 CE-2.1 Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community.
 CE-2.4 Protection of Investment. We require that new development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality.

Community Design Element:
 Goal CD-1 Image & Identity: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.
 CD-1.1 City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods. 2031
 CD-1.2 Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City’s identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities.  Goal CD-2 Design Quality. A high level of design quality resulting in neighborhoods, public spaces, parks, and streetscapes that are attractive, safe, functional, human-scale, and distinct.
 CD-2.1 Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
 Building volume, massing, and height to provide context-appropriate scale and proportion;
 A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and
 Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.
 CD-2.8 Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintaining visibility and accessibility, and using lighting.
 CD-2.9 Landscape Design. We encourage durable, sustainable, and drought-tolerant landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.
 CD-2.10 Parking Areas. We require all development, including single-family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:
 Structured parking: facade articulation, screening, appropriate lighting, and landscaping; and
 Garage parking: providing access to single-family residential garages through alley access, recessing garages from the frontage to emphasize front doors or active living spaces.
 Goal CD-3 Urban, Mixed Use, and Transit-Oriented Place Types: Vibrant urban environments that are organized around intense buildings, pedestrian and 2032
transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.  CD-3.4 Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.
 CD-3.5 Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type).

SECTION 4. Extension. In accordance with the authority granted to the City of Ontario by California Government Code Section 65858 and for the reasons set forth herein above, the interim urgency ordinance enacted by Ordinance No. 3275, adopted by the City Council on June 4, 2024, is extended for 10 months and 15 days from the expiration of the initial 45-day period to and including June 3, 2025.

SECTION 5. Concluding Facts and Reasons. Based on the substantial evidence presented to the City Council during the above-referenced hearing, and the specific findings set forth in the Recitals, and Sections 1 through 4, above, the City Council hereby concludes as follows:
(a) This extension is a matter of City-wide importance, is a reasonable and necessary measure designed for the immediate preservation and protection of the public health, safety or welfare of the community, and is in accord with the public purposes and provisions of applicable State and local laws and requirements; and,
(b) The extension 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. Staff has thoroughly reviewed the extension and the conditions under which it will be implemented, and has determined the proposed extension to be consistent with the applicable goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan; and (c) The extension would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City.

SECTION 6. City Council Action. Based upon the findings and conclusions set forth in the Recitals and Sections 1 through 5, above, the City Council finds and determines pursuant to California Government Code Section 65858 that adoption of this ordinance is necessary for the immediate preservation of the public health, safety, and 2033
welfare, and to prohibit uses in conflict with zoning regulations pertaining to objective development and design standards for multiple-family and mixed use development currently being studied and contemplated by the City.

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

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

SECTION 9. Effective Date. The extension of the interim urgency ordinance enacted by Ordinance No. 3275, adopted by the City Council on August 20, 2024, shall take effect immediately, extending the interim urgency ordinance for 10 months and 15 days to and including June 3, 2025.

SECTION 10. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

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

SHEILA MAUTZ, CITY CLERK
2034
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
2035

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)
2036
City of Ontario
Residential Objective
Development & Design
Standards
Urgency Ordinance | June 2024
Date: June 4, 2024
2037
Residential Objective Development & Design Standards