Agenda packet — Ontario City Council, February 4, 2025

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting

FEBRUARY
4, 2025
City Hall
303 East B Street, Ontario, CA 91764

MAYOR PAUL S. LEON • MAYOR PRO TEM ALAN D. WAPNER
COUNCIL MEMBERS JIM W. BOWMAN, DEBRA PORADA AND DAISY MACIAS CITY CLERK SHEILA MAUTZ • TREASURER JAMES R. MILHISER
CITY MANAGER SCOTT OCHOA • CITY ATTORNEY RUBEN DURAN

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

All documents for public review are on ﬁle with the Records Management/City Clerk's Department located at 303 East B Street, Ontario, CA 91764.

Anyone wishing to speak in person during public comment or on a particular item will be required to ﬁll out a blue slip. Blue slips must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept blue slips after that time. To comment by email, submit your comments no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to
[email protected].

All
comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and will be entered into the record.

Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

In accordance with State Law, remarks during public comment are to be limited to subjects within Council's jurisdiction. Remarks on other agenda items will be limited to those items.

Remarks from those seated or standing in the back of the chamber will not permitted. All those wishing to speak including Council and Staff need to be recognized by the Chair before speaking.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 1

ATTACHMENT:

20250204 Closed Session

ACCOMMODATIONS

If you need special assistance or accommodations to participate in this meeting, please contact the City Clerk's oﬃce at 909-395-2009. Notiﬁcation of 48 hours prior to the meeting will help the City make reasonable arrangements. Equipment for the hearing impaired is available in the Records Management Office.

ORDER OF BUSINESS

The regular City Council and Housing Authority meeting begins with Closed Session and Closed Session Comment at
6:00 p.m.,
Public Comment at 6:30 p.m. immediately followed by the Regular Meeting and Public Hearings. No agenda item will be introduced for consideration after 10:00 p.m. except by majority vote of the City Council.

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

Wapner, Bowman, Porada, Macias, Mayor/Chairman Leon

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Ruben Valencia v. City of Ontario
, Case No. CIVSB2302751

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario, et al. v. Inland Empire Utilities Agency , Los Angeles Superior Court Case No.
24STCP02321

PLEDGE OF ALLEGIANCE
Council Member Porada

INVOCATION
Pastor Adam Olayiwola, Joyful Nations Ministries
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

REPORT ON CLOSED SESSION
City Attorney

SPECIAL CEREMONIES
Recognition of the Outgoing Executive Director of Community Development PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes.

An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

To comment by email, submit your comments by email no later than 4:00 p.m. on the day of the meeting by emailing your name, agenda item you are commenting on and your comment to [email protected]. All Comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter and entered into the record. As previously noted -- if you wish to address the Council, fill out one of the blue slips at the rear of the chambers and give it to the City Clerk.

AGENDA REVIEW/ANNOUNCEMENTS

The City Manager will go over all updated materials and correspondence received after the Agenda was distributed to ensure Council Members have received them. He will also make any necessary recommendations regarding Agenda modiﬁcations or announcements regarding Agenda items to be considered.

INFORMATION RELATIVE TO POSSIBLE CONFLICT OF INTEREST
Agenda item contractors, subcontractors and agents may require member abstentions due to conflict of interests and financial interests. Council Member abstentions shall be stated under this item for recordation on the appropriate item.

CONSENT CALENDAR

All matters listed under CONSENT CALENDAR will be enacted by one motion in the form listed below – there will be no separate discussion on these items prior to the time Council votes on them, unless a member of the Council requests a speciﬁc item be removed from the Consent Calendar for a separate vote.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 3

1. APPROVAL OF MINUTES

ATTACHMENT:

20250107 Meeting Minutes (Not Official Until Approved).docx

2. BILLS & PAYROLL

3. A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE 2025 SPRING

ALLEY CDBG PAVEMENT REHABILITATION PROJECT

ATTACHMENT:

Exhibit A - Location Map.pdf

ATTACHMENT:

Draft Contract_1.29.25.pdf

4. AN ORDINANCE AMENDING CERTAIN SECTIONS UNDER ARTICLE 16 TO CHAPTER 6 OF TITLE 4 OF THE MUNICIPAL CODE RELATED TO PARKING PENALTIES AND CITATIONS

ATTACHMENT:

Amending Article 16 Baltimore revised version 01^ORD^RM

5. APPROVAL OF THIRD AMENDMENT TO THE 2007 JACK GALVIN MOBILE HOME PARK ACCORD
Minutes for the regular meetings of the City Council and Housing Authority of January 7, 2025 and approving same as on file in the Records Management Department.

Bills January 3, 2025 through January 16, 2025, and Payroll December 15, 2024 through December 28, 2024.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a Construction Contract with Onyx Paving Company, Inc., of Anaheim, California, for the 2025 Spring Alley CDBG Pavement Rehabilitation Project in the amount of $777,000 plus a 10% contingency of $77,700 for a total not-to-exceed contract amount of $854,700; and B
.

Authorize the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and ﬁling a notice of completion at the conclusion of all construction related activities.

That the City Council adopt an Ordinance amending Sections 4-6.1602 (Penalties: Citations), 4-

6.1603 (Penalties: Citations: Method of Payment), and 4-6.1604 (Penalties: Citations: State- mandated added penalties) under Article 16 (Violations and Penalties) to Chapter 6 (Traﬃc) to Title 4 (Public Safety) of the Municipal Code ("Code")

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CERTAIN SECTIONS UNDER ARTICLE 16 TO CHAPTER 6 OF TITLE 4 OF THE MUNICIPAL CODE RELATED TO PARKING PENALTIES AND CITATIONS.

That the City Council approve a ﬁve-year extension and the Third Amendment to the 2007 Jack Galvin Mobile Home Park Accord between the City of Ontario and owners of the mobile home parks within the City of Ontario and establishing maximum rent adjustments.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 4

ATTACHMENT:

Third Amendment to the Accord Agreement Accd.docx

6. A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO PDCA24-004, REGARDING ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

ATTACHMENT:

File No PDCA24-004 ADU Urgency Ordinance 01^ORD^RM

ATTACHMENT:

File No PDCA24-004 ADU Urgency Ordinance^02 Exhibit A

PUBLIC HEARINGS

Pursuant to Government Code Section 65009, if you challenge the City’s zoning, planning or any other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to the public hearing. Aﬃdavits of posting compliance, for all items below, are on file with the Records Management Department.

That the City Council consider
, waive further reading, and adopt an Urgency Ordinance approving File No. PDCA24-004, to amend Division 5.03 - Supplemental Land Use Regulations, Section 5.03.010 (Accessory Dwelling Units) of the City's Development Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), which took eﬀect on January 1, 2025.

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA24-004, AMENDING DIVISION 5.03 – SUPPLEMENTAL LAND USE REGULATIONS, SECTION 5.03.010 OF THE CITY'S

DEVELOPMENT CODE RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY

DWELLING UNITS AND FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC RESOURCES CODE SECTION 21080.17.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Wapner
Council Member Bowman
Council Member Porada
Council Member Macias

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 5 1 of 1

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) February 4, 2025
ROLL CALL: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _.  GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Ruben Valencia v. City of Ontario, Case No. CIVSB2302751 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Wapner _, Bowman _, Porada _, Macias _, Mayor / Chairman Leon _. • GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION City of Ontario, et al. v. Inland Empire Utilities Agency, Los Angeles Superior Court Case No. 24STCP02321
No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
6 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
JANUARY 7, 2025
(Not Official Until Approved)
(Not Official Until Approved)
(Not

JOINT MEETINGS
The regular meetings of the Ontario City Council and Housing Authority were held on Tuesday, January 7, 2025 at Ontario City Hall, 303 E. B Street Ontario, California.

OPEN MEETING CALLED TO ORDER
Mayor Leon called the joint meetings to order at 6:32 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Porada
Council/Authority Members: Daisy Macias
ABSENT: Council/Authority Members: Alan D. Wapner and Jim W. Bowman

Also present were City Manager / Executive Director Scott Ochoa, City Attorney/Legal Counsel Ruben Duran, and City Clerk / Secretary Sheila Mautz.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Macias.

INVOCATION
Invocation was led by Pastor Sean from Calvary Chapel Ontario.

AGENDA REVIEW/ANNOUNCEMENTS
The City Manager made no announcements.

PUBLIC COMMENT
Assistant City Clerk Isbell announced that there were three written comments:

Scott Serna, regarding street sweeping.

Freedomman, regarding the political climate in South Korea.

Brad Neumann, regarding his personnel matters.
7 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – January 7, 2025

Page 2 of 4 ends

Mayor Leon called upon the first speaker:

Roxana Gracia, introduced herself as the representative for Assemblymember Michelle Rodriguez.

Sophia Siqueiros and Armando Rodriguez, introduced themselves as the representative for Congresswoman Norma Torress.

Hesham Diab, spoke on the Baldy View ROP 2024-2025 scholarships.

Karen Haughey, representative for San Bernardino County Board Supervisor Curt Hagman’s office announced upcoming events.

Kinko Willingham, spoke regarding sidewalks in her neighborhood.

Elijah Willingham, spoke regarding sidewalks in his neighborhood.

Brad Neumann, spoke regarding his personnel grievance.

CONSENT CALENDAR
Assistant City Clerk Isbell announced that there was one written comment:

Art Mar Citlali, in opposition to Item No. 5.

MOTION: Moved by Mayor pro Tem Porada, seconded by Council Member Macias and carried by a unanimous vote 3-0, with Council Members Wapner and Bowman absent, to approve the Consent Calendar as presented.

1. BILLS & PAYROLL
Approved bills November 28, 2024 through December 11, 2024, in the amount of $28,294,509.96, and Payroll November 17, 2024 through November 30, 2024 in the amount of $8,040,460.50.

2. AN ORDINANCE APPROVING A THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO. PDA05-001) BETWEEN THE CITY OF ONTARIO AND

EDENGLEN ONTARIO, LLC
The City Council considered and adopted an Ordinance approving a Third Amendment to the Development Agreement (File No. PDA05-001) between the City of Ontario and Edenglen Ontario, LLC. First reading and introduction took place at a regular meeting on December 17, 2024.

ORDINANCE NO. 3294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT, FILE NO. PDA05-001, BETWEEN THE CITY OF

ONTARIO AND EDENGLEN ONTARIO, LLC, TO EXTEND THE TERM OF THE DEVELOPMENT AGREEMENT ASSOCIATED WITH TRACT MAP NOS. 17392, 17558, 17559, 17560, 17561, 17562, 17563, 17564, 18789, 18790, 18791, AND 20524, GENERALLY LOCATED NORTH OF CHINO AVENUE, SOUTH OF

RIVERSIDE DRIVE, EAST OF MILL CREEK AVENUE, AND WEST OF THE SCE UTILITY CORRIDOR, WITHIN PLANNING AREAS 1 THROUGH 8 OF THE

EDENGLEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF 8 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – January 7, 2025

Page 3 of 4 ends

— APN: 0218-171-15; 0218-921-07, 08, 16, 19, 22, AND 30; 0218-931-01 THROUGH 25; 0218-931-75 THROUGH 89; 0218-932-01 THROUGH 21; 0218- 933-01 THROUGH 17; 0218-934-01 THROUGH 24; 0218-935-01- THROUGH 04; 0218-935-12 THROUGH 19; 0218-935-22 THROUGH 38; 0218-941-01 THROUGH 39; 0218-941-55 THROUGH 93; 0218-951-01 THROUGH 70; 0218-952-19 THROUGH 82; 0218-954-01 THROUGH 42; 0218-955-01 THROUGH 42; 0218- 956-01 THROUGH 58; 0218-961-07 THROUGH 88.

3. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH

WESTERN AUDIO VISUAL FOR THE COUNCIL CHAMBERS AUDIO VISUAL

SUPPORT AND UPGRADE
The City Council authorized the City Manager or his designee to execute an Amendment to the current Agreement with Western Audio Visual, of Orange, California, for the Council Chambers Audio Visual upgrade, and support in the amount not to exceed $243,229.

4. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH KLEINFELDER, INC. FOR ON-CALL GEOTECHNICAL CONSULTING AND

MATERIALS TESTING SERVICES FOR THE ONTARIO GRAND PARK
The City Council authorized the City Manager or his designee to execute Amendment No. 7 to the Professional Services Agreement with Kleinfelder, Inc., of Ontario, California, to provide on-call geotechnical consulting and materials testing services for the Ontario Grand Park in the amount of $204,310 for a total not-to- exceed contract amount of $1,555,552.

5. AUTHORIZE THE PURCHASE AND REPAIRS OF MOBILE SURVEILLANCE

UNITS FROM ECAMSURE
The City Council authorized the City Manager or his designee to execute a sole source purchase of 5 Mobile Surveillance Units (MSU) in the amount of $168,651.76 and repairs in the amount of $11,793.19 for previously purchased MSUs from ECAMSECURE, of Long Beach, California for an amount not to exceed of $180,445.19.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Council Member Macias made no comments.

Mayor pro Tem Porada spoke on local control.
9 Ontario City Council/Ontario Housing Authority
Regular Meeting Minutes – January 7, 2025

Page 4 of 4 ends

Mayor Leon spoke on the need for local control.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 6:59 p.m. and announced the next regular meeting was scheduled for January 21, 2025.

Respectfully submitted,
____________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
10 Department: Public Works
Prepared By: Andrew Garland
Department:

Prepared By: Andrew Garland
Staff Member Presenting: Tito Haes, Executive
Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 3
SUBJECT:

A CONSTRUCTION CONTRACT WITH ONYX PAVING COMPANY, INC. FOR THE 2025 SPRING ALLEY CDBG PAVEMENT REHABILITATION PROJECT

CITY OF ONTARIO
Agenda Report
February
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT:

The proposed Construction Contract with Onyx Paving Company, Inc. is in the amount of $777,000 plus a 10% contingency of $77,700 for a total not-to-exceed contract amount of $854,700. The Fiscal Year 2024-25 Adopted Budget includes partial appropriations in the Community Development Block Grant (CDBG) & Road Maintenance and Rehabilitation Account (RMRA-SB1) Funds for the construction of the 2025 Spring Alley CDBG Pavement Rehabilitation Project. If approved, appropriations will be included in future quarterly budget updates to the City Council for approval as needed.

BACKGROUND & ANALYSIS:

The general scope of work to be performed under this construction 11 project consists of, but is not limited to, the removal of damaged AC pavement, the placement of new AC pavement, removal and replacement of PCC curb ramps, ribbon gutter, drive approaches and other appurtenances necessary to complete the improvements as described in the Plans and Speciﬁcations. The Project locations include the rehabilitation of (1) south of Belmont Street and north of Phillips Street from Oakland Avenue to Bonita Court, (2) west of Euclid Avenue and east of Palm Avenue from Blue Jay Way to south of Walnut Street, and (3) south of Sunkist Street and north of Nevada Street from west of Lemon Avenue to the railroad. These improvements are anticipated to extend the lifespan of the alleys by ﬁfteen to twenty years. Project location maps are provided for reference as Exhibit "A." In November 2024, the City solicited bids and received two (2) bids. The bids are summarized below:

COMPANY

LOCATION
AMOUNT
Onyx Paving Company, Inc.

Anaheim, CA
$
777,000
Hardy & Harper, Inc.

Lake Forest, CA
$878,800

Onyx Paving Company, Inc. of Anaheim, California, is the apparent low bidder that met all the required speciﬁcations with a base cost of $777,000. Staﬀ recommends awarding a construction contract to Onyx Paving Company, Inc.

ENVIRONMENTAL REVIEW:

The environmental impacts of this Project were reviewed, and Staﬀ determined that the Project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of CEQA, whereas the Project consists of repair/maintenance to existing alleys, sidewalks, gutters, and similar facilities that are typical/necessary for an alley rehabilitation/improvements, resulting in negligible and/or no expansion of use beyond what existed at the time of the Lead Agency's determination. 12 13
14 15
46700.00100\33865502.1

(BB&K 2020) - 1 -

SECTION 00500

CONTRACT
THIS CONTRACT is entered as of ____________, in the County of San Bernardino, State of California, by and between the City of Ontario, her einafter called City, and Onyx Paving Company, Inc., hereinafter called Contractor. The City and the Contractor for the considerations stated herein agree as follows:

ARTICLE 1. SCOPE OF WORK . The Contractor shall perform all Work within the time stipulated the Contract and shall provide all labor , materials, equipment, tools, utility services, and transportation to complete al l of the Work required in strict compliance with the Contract Documents as specified in Article 5 below for the following Project:
2025 Spring Alley CDBG Pavement Rehabilitation Project
The Contractor and its surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to comply with this obligation.

ARTICLE 2. TIME FOR COMPLETION . Time is of the essence in the performance of the Work.

The Work shall be commenced on the date stated in the City’s Notice to Proceed.

The Contractor shall complete all Work required by the Contract Documents within Seventy-Five (75) working days from the commencement date stated in the Notice to Proceed, herein after the Contract Time. By its signature hereunder, Contractor agrees the Contract Time for completion set forth above is adequate and reasonable to complete the Work.

ARTICLE 3. CONTRACT PRICE . The City shall pay to the Contractor as full compensation for the performance of the Contract, subject to any add itions or deductions as provided in the Contract Documents, and including all applicable taxes and costs, the sum of Seven Hundred Seventy-Seven Thousand Dollars and 00 /100 ($777,000.00), hereinafter the Contract Price. Payment shall be made as set forth in the General Conditions.

ARTICLE 4. LIQUIDATED DAMAGES . The Contractor acknowledges that the City will sustain actual damages for each and every day completion of the Project is delayed PAUL S. LEON
MAYOR

ALAN D. WAPNER

MAYOR PRO TEM

JIM W. BOWMAN

DEBRA PORADA

DAISY COUNCIL

MEMBERS MACIAS

SHEILA MAUTZ

CITY CLERK

JAMES R. MILHISER

CITY TREASURER

SCOTT OCHOA

CITY MANAGER

16 46700.00100\33865502.1

(BB&K 2020) - 2 - SECTION 00500

CONTRACT

beyond the Contract Time. Because of the nature of the Project, it would be impracticable or extremely difficult to determine t he City’s actual damages.

Accordingly, as provided in Government Code section 53069.85, it is agreed that the Contractor will pay the City the sum of Five Thousand Two Hundred Dollars ($5,200) for each and every calendar day of delay in completing the Work beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event the Liquidated Damages are not paid, the Contractor agrees the City may de duct that amount from any money due or that may become due the Contractor under the Contract. This Article does not affect the City’s rights to other damages or remedies specified in the Contract Documents or allowed by law.

Should Contractor be inexcusably delayed in the per formance of the Work, City may deduct Liquidated Damages based on its estimate of when Contractor will achieve Final Completion or other milestones. City need not wait until Final Completion to withhold Liquidated Damages from Contractor.

Liquidated Damages are not a penalty but an agreed upon estimate of the actual damages that would be sustained by the City for delay, including but not limited to loss of revenue, inconvenience to the City and the public, and increased Project administration expenses, such as extra inspection, construction management, staff time and architectural and engineering expens es. Liquidated Damages do not include actual damages the City incurs on accou nt of claims by third parties against the City on account of any delay.

Should money due or to become due to the Contractor be insufficient to cover Liquidated Damages or other offsets due, then Contr actor forthwith shall pay the remainder of the assessed liquidated damages to City.

ARTICLE 5. COMPONENT PARTS OF THE CONTRACT . The “Contract Documents” include the following documents, each of which is incorpora ted into this Contract by reference:
• Notice Inviting Bids
• Instructions to Bidders
• Bid Form
• Contractor’s Certificate Regarding Workers’ Compen sation form • Bid Bond
• List of Subcontractors form
• Contractor Information and Experience Form
• Non-Collusion Declaration form
• Public Works Contractor Registration Certification form • Iran Contracting Act Certification form
• Fleet Compliance Certification form
• Contract
• Performance Bond
• Payment Bond
• Environmental documents and approvals (If Applicab le) • General Conditions
• Special Conditions
17 46700.00100\33865502.1

(BB&K 2020) - 3 - SECTION 00500

CONTRACT

• Standard Specifications for Public Works Construct ion (Greenbook), Latest Edition, except Sections 1-9
• Technical Specifications
• Addenda (If Applicable)
• Plans and Drawings
• Approved and fully executed Change Orders
• Applicable Local Agency Standards and Specificatio ns, as last revised • Federal Requirements
• Any other documents contained in or incorporated i nto the Contract The Contactor shall complete the Work in strict accordance with all of the Contract Documents.

All of the Contract Documents are intended to be co mplementary. Work required by one of the Contract Documents and not by others shall be done as if required by all. This Contract shall supersede any prior agreement of the parties.

ARTICLE 6. PROVISIONS REQUIRED BY LAW . Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply wi th all requirements of applicable federal, state and local laws, rules and regulations, including but not limited to, the provisions of the California Labor Code and Public Contract Code applicable to this Project.

If the Work involves federal funds, the Contractor and all its subcontractors shall comply with all requirements set forth in the attached Federal Requirements.

ARTICLE 7. INDEMNIFICATION . Contractor shall provide indemnification as set forth in the General Conditions.

ARTICLE 8. PREVAILING WAGES . Contractor shall be required to pay the prevaili ng rate of wages in accordance with the Labor Code which such rates shall be made available at the City Clerk’s office or may be obta ined online at http//www.dir.ca.gov/dlsr. and which must be posted at the job site.

[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]

18 46700.00100\33865502.1

(BB&K 2020) - 4 - SECTION 00500

CONTRACT

IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on the day and year above written.

CITY OF ONTARIO
By:

Scott Ochoa
City Manager

ATTEST:

By:

Sheila Mautz, City Clerk

APPROVED AS TO FORM:

By:

Best Best & Krieger LLP
City Attorney

ONYX PAVING COMPANY, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:

____________________________________
Contractor’s License Number and
Classification

____________________________________
DIR Registration Number

END OF CONTRACT
19 46700.00100\33865502.1

TABLE OF CONTENTS

GENERAL CONDITIONS
(BB&K 2020) -0i- TABLE OF CONTENTS

GENERAL CONDITIONS

20 Department: Police Department
Prepared By: Lizceth Zazueta
Staff Member Presenting: Mike Lorenz, Chief of
Police
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 4
SUBJECT:

AN ORDINANCE AMENDING CERTAIN SECTIONS UNDER ARTICLE 16 TO CHAPTER 6 OF TITLE 4 OF THE MUNICIPAL CODE RELATED TO PARKING PENALTIES AND

CITATIONS

CITY OF ONTARIO
Agenda Report
February
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council adopt an Ordinance amending Sections 4-6.1602 (Penalties: Citations), 4-6.1603 (Penalties: Citations: Method of Payment), and 4-6.1604 (Penalties:

Citations: State-mandated added penalties) under Article 16 (Violations and Penalties) to Chapter 6 (Traffic) to Title 4 (Public Safety) of the Municipal Code ("Code")

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

There is no ﬁscal impact. If adopted, this Ordinance will remove the parking citation penalty amounts that are listed in certain sections of Article 16 to Chapter 6 to Title 4 of the Code and add a reference indicating that these amounts can be found in the Citywide Fee Schedule.

BACKGROUND & ANALYSIS:

On January 21, 2025, the City Council introduced and waived further reading of an Ordinance amending Sections 4-6.1602, 4-6.1603, and 4-6.1604 under Article 16 to Chapter 6 to Title 4 of the Code.

California Vehicle Code Section 40200
et seq
. authorizes the City of Ontario (“City”) to impose and collect civil ﬁnes and penalties for violations of any regulation pertaining to the stopping, standing, or parking of a vehicle and related charges.

California Vehicle Code Section 40203.5 speciﬁcally requires the City to establish a schedule of penalties for parking violations and related charges.

Section 3 (Pedestrian and Parking Citations) to Section VI (Ontario Police Department) of the City’s Citywide Fee Schedule of October 15, 2024 (“Fee Schedule”), attached hereto and adopted and amended as necessary by Resolution, contains the fee descriptions of the parking citations for the penalties listed in Article 16 of the Code.

The City, as a parking entity, is required collect revenues for parking violations and remit the revenues to the County’s treasurer in accordance with Government Code Section 76000. Revenues are remitted to the County on a monthly basis and collection reports are included to support the 21 remitted revenues.

On June 6, 2023, the State of California’s Controller’s Oﬃce released the results of its audit into the County’s methods of collecting and accounting for court revenues from July 1, 2017, through June 30, 2021. The audit determined that the County incorrectly collected state and county parking surcharges, and recommended that County parking entities ensure they collect and remit the proper parking fee surcharges.

If adopted, this Ordinance will remove the parking citation penalty amounts that are currently listed in certain sections of Article 16 to Chapter 6 to Title 4 of the Code and add a reference indicating that these amounts can be found in the Fee Schedule.
22 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING CERTAIN SECTIONS UNDER ARTICLE 16
TO CHAPTER 6 OF TITLE 4 OF THE MUNICIPAL CODE RELATED TO

PARKING PENALTIES AND CITATIONS
WHEREAS, California Vehicle Code Section 40200 et seq. authorizes the City of Ontario (“City”) to impose and collect civil fines and penalties for violations of any regulation pertaining to the stopping, standing, or parking of a vehicle and related charges; and
WHEREAS, California Vehicle Code Section 40203.5 specifically requires the City to establish a schedule of penalties for parking violations and related charges; and WHEREAS, Sections 4-6.1602 (Penalties: Citations), 4-6.1603 (Penalties:

Citations: Method of Payment), and 4-6.1604 (Penalties: Citations: State-mandated added penalties) under Article 16 (Violations and Penalties) to Chapter 6 (Traffic) to Title 4 (Public Safety) of the City’s Municipal Code (“Code”) outline the penalties for violations of various provisions in the Code; and
WHEREAS, Section 3 (Pedestrian and Parking Citations) to Section VI (Ontario Police Department) of the City’s Citywide Fee Schedule of October 15, 2024 (“Fee Schedule”), contains the fee descriptions of the parking citations for the penalties listed in Article 16 of the Code; and
WHEREAS, the parking fees contained in the City’s Police Department’s parking citation booklets are consistent with and are based upon the parking fees listed in the Fee Schedule; and
WHEREAS, the City is required collect revenues for parking violations and remit the revenues to the County of San Bernardino (“County”) treasurer in accordance with Government Code section 76000; and
WHEREAS, the City wishes to amend Article 16 to Chapter 6 of Title 4 of the Code by removing the fees listed therein, and adding a reference indicating the parking citation penalty amounts are listed in the Fee Schedule.

NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The above recitals are true and correct, and are incorporated herein by this reference.
23 Section 2. Amendment. Article 16 is hereby amended as follows:
a. Section 4-6.1602 (Penalties: Citations) is hereby deleted in its entirety. b. Section 4-6.1603 is amended to read as follows: “Sec. 4-6.1602.

Penalties: Citations: Method of payment. The penalties set forth in the Citywide Fee Schedule shall be paid within thirty (30) days after the writing of the citation by payment to the Ontario Police Department (2500 South Archibald, Ontario, California 91761); or by mailing the payment postmarked within the thirty (30) day time limit to the Ontario Police Department at the address listed above. Additional fees may be imposed if payment is made after the thirty (30) day time limit noted above. The payment of such penalties shall constitute full satisfaction for the violations referred to therein.”
c. Section 4-6.1604 is amended to read as follows: “Sec. 4-6.1603.

Penalties: Citations: State-mandated added penalties. The penalty amounts set forth in the Citywide Fee Schedule are exclusive of and do not include any penalties or surcharges imposed by state law. Any state mandated penalties or surcharges shall be added to the amounts as set forth in the Citywide Fee Schedule, and shall be paid at the same time and by the same method as set forth in Section 4-6.1602.”
Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications; and to this end the provisions of this Ordinance are declared to be severable.

Section 4. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines (Chapter 3 to Title 14 of the California Code of Regulations) because it has no potential for resulting in physical change to the environment, directly or indirectly.

Section 5. 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 fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
24 PASSED, APPROVED, AND ADOPTED this 4th day of February 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
25 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 January 21, 2025 and adopted at the regular meeting held February 4, 2025 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 February 4, 2025 and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
26 Department: Housing
Prepared By: Maria Munoz
Staff Member Presenting: Helen McAlary,
Executive Director Community Life and Culture
Reviewed By: Lacey A Rightmer, Kelly Zackmann
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 5
SUBJECT:

APPROVAL OF THIRD AMENDMENT TO THE 2007 JACK GALVIN MOBILE HOME

PARK ACCORD

CITY OF ONTARIO
Agenda Report
February
4, 2025
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
FISCAL IMPACT:

There is no direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

In 2007, the City of Ontario and ten mobile home park owners entered into the 2007 Jack Galvin Mobile Home Park Accord to outline a procedure for addressing rental rates and rent adjustments in the mobile home parks within the City. The Accord was set to expire on January 5, 2015. The Accord provides for potential rent adjustments based on the Consumer Price Index reported for the previous calendar year. Additionally, rent adjustments are further constrained by minimum and maximum increases, calculated based on a formula outlined in the Accord (not to exceed ten percent maximum and four percent minimum). Since the implementation of the Accord, City staﬀ has been responsible for the calculation of annual rental rate increases and other adjustments.

The First Amendment to the Accord was approved by the City Council on December 2, 2014. On November 19, 2019, the City Council approved the Second Amendment to the Accord for a ﬁve-year extension, which expired on January 5, 2025. The City received a majority of consent from the participating mobile home park owners, stating their support for approving another five-year extension of the Accord under the same terms and conditions, which limit rent increases.

Staﬀ recommends extending the Accord through January 5, 2030, to ensure a reasonable and predictable process for rental increases by the mobile home park owners, beneﬁting both homeowners and tenants.

The amendment document includes a list of mobile home parks involved. 27 Third Amendment – Jack Galvin Mobilehome Park Accord

MOBILEHOME PARK OWNERS SIGNATURE PAGE

THIRD AMENDMENT
TO THE
2007 AGREEMENT BETWEEN THE CITY OF ONTARIO AND

OWNERS OF THE MOBILEHOME PARKS WITHIN THE CITY OF

ONTARIO REGARDING MAXIMUM RENT ADJUSTMENTS

1. Parties and Date.

This Third Amendment (“Third Amendment”) to that certain Agreement between the City of Ontario and Owners of the Mobile Home Parks within the City of Ontario regarding Maximum Rent Adjustments dated January 5, 2007, also known as The Jack Galvin Mobilehome Park Accord (“Accord”), as amended, is made and entered into this ___ day of ___________, 2025 (“Effective Date”) by and between the City of Ontario, a California municipal corporation (“City”) and the owners of all mobilehome parks within the City, who have executed the Accord, prior amendments, and this Third Amendment (“Park Owners”). City and Park Owners are sometimes referred to individually as “Party” and collectively as “Parties.”

2. Recitals.

2.1 On or about January 5, 2007, the Parties entered into the Accord to provide a procedure to address rental rates and adjustments in the mobilehome parks in the City of Ontario, in lieu of a mobilehome rent regulation ordinance. The Accord was set to expire on January 5, 2015.

2.2 On or about December 2, 2014, the Parties entered into a First Amendment to the Accord to extend the term to January 5, 2020.

2.3 On or about January 5, 2020, the Parties entered into a Second Amendment to the Accord to extend the term to January 5, 2025.

2.4 The Parties desire to further amend the Accord to extend the term for another five (5) years.

3. Terms.

3.1 The term of the Accord shall be extended from January 5, 2025 to January 5, 2030, unless earlier terminated as provided in the Accord. This Third Amendment shall not be effective for any purpose until it has been executed by the duly authorized representatives of the Park Owners of all Mobilehome Parks located in the City of Ontario as of the Effective Date.

3.2 Except as otherwise expressly amended by this Third Amendment, all terms and provisions of the Accord shall remain in full force and effect for the term set forth in Section 3.1 of this Third Amendment and shall govern the actions of the Parties under this Third Amendment.

3.3 This Third Amendment may be executed in counterparts, each of which shall constitute an original and together which shall constitute one and the same Third Amendment. 28 Third Amendment – Jack Galvin Mobilehome Park Accord

CITY SIGNATURE PAGE

3.4 The Parties hereto hereby agree that electronic signatures are acceptable and shall have the same force and effect as original wet signatures. [Signatures on Next Page]
29 Third Amendment – Jack Galvin Mobilehome Park Accord

CITY SIGNATURE PAGE
IN WITNESS WHEREOF, the Parties have caused this Third Amendment to that certain Agreement between the City of Ontario and Owners of the Mobilehome Parks within the City of Ontario regarding Maximum Rent Adjustments to be signed as of the date first written above.

CITY OF ONTARIO
By: _____________________
Scott Ochoa
City Manager
ATTEST:
_____________________
Sheila Mautz
City Clerk
APPROVED AS TO FORM:

By: _____________________
Best Best & Krieger LLP
City Attorney
30 Third Amendment – Jack Galvin Mobilehome Park Accord

MOBILEHOME PARK OWNERS SIGNATURE PAGE

MOBILEHOME PARK OWNERS

COMET TRAILER COURT
1405 E. Holt Boulevard., Ontario, CA 91761
12018 Central Avenue
Chino, CA 91710
By:

Patrick Grabowski

FERNWOOD MOBILEHOME PARK
1512 East Fifth Street, Ontario, CA 91764
Tower Management Co.
80 South Lake Ave., #3719
Pasadena, CA 91101
By:

Alex Boggs

RANCHO ONTARIO C/O
1456 E. Philadelphia Street, Ontario, CA 91761
Cabrillo Management Corporation
1495 Pacific Highway, Suite 450
San Diego, CA 92101
By:

Steven C. Martini

GROVE MANOR ONTARIO, LLC
850 W. Mission Boulevard, Ontario, CA 91762
444 W. Ocean Blvd., #1616
Long Beach, CA 90802
By:

Gregg Kirkpatrick

COUNTRY MEADOWS MOBILE HOME

COMMUNITY
1855 E. Riverside Drive, Ontario, CA 91761
Kingsley Management Company
4956 N. 200 W. Ste. 200
Provo, Utah 84604
By:

C. Nate Nelson

SAMOA VILLAGE MOBILEHOME ESTATES
310 East Philadelphia Avenue, Ontario, CA 91761
Safety Investment Co.

P.O. Box 3370
Ontario, CA 91761
By:

Sonia Torres
WEBB’S MOBILEHOME PARK
637 West Brooks, Ontario, CA 91761
Pama Management
4900 Santa Ana Ave., Suite 2C
El Monte, CA 91761
By:

Mike Nijjar

GARDEN GATE MOBILE HOME PARK LLC
202 N. Allyn Avenue, Ontario, CA 91764
9873 Alder Avenue
Bloomington, CA 92316
By:

Steve McLemore

STAR TRAILER PARK
1230 Nocta, Ontario, CA 91764
5311 Bridgewood Drive
La Palma, CA 90623
By:

Kathy J. Kim

LAMPLIGHTER ONTARIO MOBILEHOME

COMMUNITY
2139 E. 4th Street, Ontario, CA 91764
Morgan Partners, Inc.
19226-66Th Avenue South, Suite L-108
Kent, WA 98032-2121
By:

Thomas E. Morgan, General Partner
Lamplighter Ontario Associates, LP
31 Department: Planning
Prepared By: Thomas Grahn
Department:

Prepared By: Thomas Grahn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Reviewed By: Kimberly Ruddins, Henry
Noh, Rudy Zeledon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 6
SUBJECT:

A PUBLIC HEARING TO CONSIDER AN URGENCY ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO PDCA24-004, REGARDING

ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

CITY OF ONTARIO
Agenda Report
February
4, 2025
SECTION:

PUBLIC HEARINGS

RECOMMENDATION:

That the City Council consider
, waive further reading, and adopt an Urgency
Ordinance approving File No. PDCA24-004, to amend Division 5.03 - Supplemental Land Use Regulations, Section 5.03.010 (Accessory Dwelling Units) of the City's Development Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), which took eﬀect on January 1, 2025.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
FISCAL IMPACT:

There is not a direct fiscal impact with this action.

BACKGROUND & ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that impose new limits on local authority to regulate ADUs and JADUs. In 2024, the California Legislature approved, and the Governor signed into law, two new bills — AB 2533 and SB 1211 — that further amend state ADU law as summarized below.

EXECUTIVE SUMMARY:

The proposed Urgency Ordinance will amend Division 5.03 - Supplemental Land Use Regulations, Section 5.03.010 (Accessory Dwelling Units) of the City's Development Code to comply with recent changes to state law that impose new limits on local authority to regulate Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”), which took eﬀect on January 1, 2025.
32 AB 2533 – Unpermitted ADUs and JADUs
Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written ﬁnding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure.

AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoﬀ date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies ﬁnd that correcting the violation is necessary to comply with the standards speciﬁed in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, § 66332(a)–(f).)
SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking
Existing state law prohibits the City from requiring oﬀ-street parking spaces to be replaced when a garage, carport or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU.

SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov.

Code, § 66314(d)(11).)
Multifamily ADUs
SB 1211 further deﬁnes
livable space
in connection with converted ADUs inside a multifamily
dwelling structure. Existing state law requires the City to ministerially approve qualifying building- permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law.

SB 1211 changes this by adding a new deﬁnition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)
SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs.

Under SB 1211, a lot with an
existing
multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, § 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a
proposed
multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, § 66323(a)(4).)
33 NEXT STEPS & RECOMMENDATION:

Both AB 2533 and SB 1211 took eﬀect January 1, 2025. If the City’s ADU Ordinance does not comply with requirements of both bills by that date, the City’s entire existing ADU Ordinance becomes null and void as a matter of law, and the City will have to allow ADUs with no regulation except for the few requirements in the state ADU law itself. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety.

The proposed Ordinance is an urgency measure, which means it will take immediate eﬀect upon adoption. Typically, an Ordinance aﬀecting planning and zoning is approved by the Council after a planning commission recommendation, a ﬁrst reading and introduction before the Council and then a second reading at a regular Council meeting — with the Ordinance taking eﬀect 30 days following adoption. But here it is necessary for the City Council to adopt this Ordinance as an urgency measure because AB 2533 and SB 1211 took eﬀect on January 1, 2025, before a non- urgency adoption would take eﬀect. The Urgency Ordinance will be followed at the earliest possible time by a Non-Urgency Ordinance subject to all normal procedures.

For the above reasons, staﬀ recommends that the City Council adopt the proposed Urgency Ordinance, which will ensure that the City’s ADU Ordinance remains valid after AB 2533 and SB 1211 took effect on January 1, 2025.

ENVIRONMENTAL REVIEW:

Under California Public Resources Code section 21080.17, CEQA does not apply to the adoption of an Ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as deﬁned by section 66313. Therefore, the adoption of the proposed Urgency Ordinance is statutorily exempt from CEQA in that it implements state ADU law. 34 ORDINANCE NO. ________

AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

ONTARIO, CALIFORNIA, APPROVING A DEVELOPMENT CODE
AMENDMENT, FILE NO. PDCA24-004, AMENDING DIVISION 5.03 – SUPPLEMENTAL LAND USE REGULATIONS, SECTION 5.03.010 OF

THE CITY'S DEVELOPMENT CODE RELATING TO ACCESSORY

DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND

FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE SECTION 21080.17.

WHEREAS, the City of Ontario, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, state law authorizes cities to act by Ordinance to provide for the creation and regulation of accessory dwelling units ("ADUs") and junior accessory dwelling units ("JADUs"); and
WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, numerous bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and
WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 ("AB 2533") and Senate Bill 1211 ("SB 1211"), which further amend state ADU law; and
WHEREAS, AB 2533 and SB 1211 took effect January 1, 2025, and if the City's ADU Ordinance does not comply with the requirements imposed by those bills by that date, the City's entire existing ADU Ordinance becomes null and void as a matter of law; and
WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533's and SB 1211's changes to state law; and
WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of AB 2533 and SB 1211 because if the City's Ordinance does not comply with this legislation by January 1, 2025 — and the City's ADU Ordinance becomes null and void — the City would thereafter be required to approve ADUs and JADUs in accordance with the few default standards that are provided in Chapter 13 of Division 1 of Title 7 of the California Government Code, which is the state ADU law; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. 35 These threats to public safety, health, and welfare justify adoption of this Ordinance as an Urgency Ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and
WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code section 36937, subdivision (b); and
WHEREAS, on February 4, 2025, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred; and

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.

SECTION 2: Environmental Determination and Findings. Under California Public Resources Code section 21080.17, the California Environmental Quality Act ("CEQA") does not apply to the adoption of an Ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California's ADU law and which also regulates JADUs, as defined by section 66313. Therefore, adoption of the Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

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.
36 (3) Policy Plan (General Plan)
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.

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

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

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

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

SECTION 7: Submittal to HCD.In accordance with Government Code section 66326, the City Clerk is directed to submit a copy of this Ordinance to the California Department of Housing and Community Development within 60 days after adoption.

SECTION 8: Severability. If any provision of this Ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the Ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this Ordinance are severable. The City Council declares that it would have adopted this Ordinance irrespective of the invalidity of any portion thereof.

SECTION 9: 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 twice, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 4th day of February 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________

SHEILA MAUTZ, CITY CLERK
38 APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
39 STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Urgency Ordinance No. 3275 was duly introduced and adopted at the regular meeting of the City Council of the City of Ontario held on the 4 th day of February 2025, by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Urgency Ordinance No. 3275 duly passed and adopted by the Ontario City Council at their regular meeting held February 4, 2025 and the summaries of the Ordinance were published on ______, 2025 and ______, 2025 in the Inland Valley Daily Bulletin newspaper. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
40 Exhibit "A"
Amended ADU Regulations
Following this page
41 City of Ontario Development Code
Division 5.03 – Supplemental Land Use Regulations

5.03.010: Accessory Dwelling Units
A. Purpose. The purpose of this Section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

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

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

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

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

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

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

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

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

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

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

5. Junior Accessory Dwelling Unit (JADU). A residential unit that:
42 a. Is no more than 500 SF in size;
b. Is contained entirely within an existing or proposed single-family structure.

An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure;
c. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure;
d. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling; and
e. It includes an efficiency kitchen, as defined in Subsection C.4, above.

6. Livable Space. A space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

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

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

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

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

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

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

D. Approvals. The following approvals apply to ADUs and JADUs under this Section:

1. Building Permit Only. If an ADU or JADU complies with each of the general requirements in subsection E below, it is allowed with only a building permit in the following scenarios:
a. Converted on Single-Family Lot. One ADU as described in this Subsection D.1.a and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:
(1) Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of and ADU only) within the existing space of an accessory structure, plus up to 150 additional SF if the expansion is limited to accommodating ingress and egress; and
43 (2) Has exterior access that is independent of that for the single-family dwelling; and
(3) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes; and
(4) The JADU complies with the requirements of Government Code Sections 66333 through 66339.
b. Limited Detached on Single-Family Lot. One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under Subsection D.1.a, above), if the detached ADU satisfies each of the following limitations:
(1) The side- and rear-yard setbacks are at least 4 FT; and (2) The total floor area is 800 SF or smaller; and
(3) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2, below.
c. Converted on Multiple-Family Lot. One or more ADUs within portions of existing multiple-family dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this Subsection D.1.c, at least one converted ADU is allowed within an existing multiple-family dwelling, up to a quantity equal to 25 percent of the existing multiple-family dwelling units. d. Limited Detached on Multiple-Family Lot. No more than two detached ADUs on a lot that has an existing or proposed multiple-family dwelling, or up to 8 detached ADUs on a lot with and existing multiple-family dwelling, if each detached ADU satisfies all of the following:
(1) The side- and rear-yard setbacks are at least 4 FT. If the existing multiple-family dwelling has a rear or side yard setback of less than 4 FT, the City shall not require any modification to the multiple-family dwelling as a condition of approving the ADU; and (2) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2, below.
(3) If the lot has an existing multiple-family dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

2. ADU Permit.
a. Except as allowed under Subsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Subsections E and F below.
b. The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU 44 permit processing fee is determined by the Executive Director of Community Development and approved by the City Council by resolution.

3. Process and Timing.
a. An ADU permit is considered and approved ministerially, without discretionary review or a hearing.
b. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:
(1) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or (2) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multiple-family dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multiple-family dwelling, but the application to create the ADU or JADU will still be considered ministerially, without discretionary review or a hearing.
c. If the City denies application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant.

Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by Subsection D.3.b, above. d. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

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

1. Zoning.
a. An ADU subject only to a building permit under Subsection D.1, above, may be created on a lot in a residential or mixed-use zoning district. b. An ADU subject to an ADU permit under Subsection D.2, above, may be created on a lot that is zoned to allow single-family dwelling residential use or multiple-family dwelling residential use.
c. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

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

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

4. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days.

This prohibition applies regardless of when the ADU or JADU was created.

5. No Separate Sale or Conveyance. An ADU or JADU may be rented, but, except as provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multiple-family lot).

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

7. Owner Occupancy.
a. An ADU created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.
b. As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this Subsection E.7.b does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.
46 8. ''Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 66330, the following requirements must be satisfied:
a. With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU. b. Within 90 days after each January 1following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year.

If the City does not receive the report within the 90-day period, the owner is in violation of this Code, and the City may send the owner a notice of violation and allow the owner another 30 days to submit the report. If the owner fails to submit the report within the 30-day period, the City may enforce this provision in accordance with applicable law.

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

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

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

2. Building Setbacks.
a. Subject to Subsection F.1.c, above, an ADU that is subject to this Subsection F shall maintain a minimum front yard setback of 30 FT from arterial street rights-of-way and 20 FT from all collector and local street rights-of-way.
47 b. An ADU that is subject to this Subsection F must conform to 4-FT side yard and rear yard setbacks.
c. No setback is required for an ADU that is subject to this Subsection F if the ADU is constructed in the same location and to the same dimensions as an existing structure.

3. Lot Coverage. No ADU subject to this Subsection F may cause the total lot coverage of the lot to exceed the maximum lot coverages shown in the Tables below, subject to Subsection F.1.c, above.

Traditional Single-Family Residential Development Standards Requirements
Residential Zoning Districts
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR-
18, MDR-25 &
HDR-45
Maximum Lot Coverage 30% 40% 50% 60%
Small Lot Traditional and Alley-Loaded Single-Family Residential Development Standards Requirements Residential Zoning Districts
LDR-5 MDR-11 MDR-18, MDR-25 &
HDR-45
Maximum Lot Coverage 55% 60% 70%
Multiple-Family Residential Development Standards
Requirements Residential Zoning Districts
MDR-11 MDR-18 MDR-25 HDR- 45
Maximum Project Coverage 60% 100%

4. Minimum Open Space. No ADU subject to this Subsection F may cause the total percentage of open space of the lot to fall below the minimum requirements specified below, subject to Subsection F.1.c, above.
a. Small Lot Traditional and Alley-Loaded Development Projects, and Cluster Single-Family Development Projects. Small lot traditional, small lot alley-loaded, and cluster single- family development projects that consist of more than 3 dwellings, shall devote a minimum of 20 percent of the project site to open space.
b. Multiple-Family and Mixed-Use Development Projects. Multiple-family development projects and the multiple-family residential portion of mixed-use development projects that consist of more than 3 dwellings, shall provide open space as follows:

Minimum Open Space Requirements for Multiple-Family and Mixed-Use Development Projects Open Space Type Zoning Districts
MDR-11 & MDR-18 MDR-25 HDR-45
Private Open Space 200 SF (40%) 150 SF (37.5%) 60 SF (20%) Common Open Space 300 SF (60%) 250 SF (62.5%) 250 SF (80%) Total Open Space 500 SF (100%) 400 SF (100%) 310 SF (100%) 48 5. Passageway. No passageway, as defined by Subsection C.9, above, is required for an ADU.

6. Off-Street Parking.
a. Generally. One off-street parking space is required for each ADU. The parking space may be provided in setback areas or as tandem parking, as defined by Subsection C.12, above.
b. Exceptions. No parking under Subsection F.7.a, above, is required in the following situations:
(1) The ADU is located within one-half mile walking distance of public transit, as defined in Subsection C.11, above.
(2) The ADU is located within an architecturally and historically significant historic district.
(3) The ADU is part of the proposed or existing primary residence, or an accessory structure under Subsection D.1.a, above.
(4) When on-street parking permits are required but not offered to the occupant of the ADU.
(5) When there is an established car share vehicle stop located within one block of the ADU.
(6) When the permit application to create an ADU is submitted with an application to create a new single-family or multiple-family dwelling on the same lot, provided that the ADU or the lot satisfies any other criteria listed in Subsections F.6.b(1) through F.6.b(5), above.
c. No Replacement. When a garage, carport, covered parking structure or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced.

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

8. Landscape Requirements. A Landscape Plan shall be submitted to the City, which provides for evergreen landscape screening, to include trees, shrubs, and groundcovers that shall be planted, permanently irrigated, and fully maintained, and which is located between an ADU and adjacent parcels, and where an ADU impacts a front yard and/or is subject to public views from a public or private street. Evergreen landscape screening shall be provided as follows:
a. Minimum 15-gallon size screening shrubs shall be installed at every 5 linear feet of exterior building wall. Alternatively, a 6-FT high decorative masonry block wall may be constructed.
b. ADUs created by garage conversion, which results in the removal of the garage door, shall provide a minimum 3-FT wide foundation landscape planter for the full length of the wall wherein the garage door was removed, which shall be fully landscaped and irrigated, and permanently maintained.
c. All landscaping must be drought tolerant and California friendly. d. Landscape and irrigation plans shall be prepared and submitted to the City for review and approval.

9. Historical Protections. An ADU that is on or within 600 feet of real property that is listed in the California Register of Historic Resources must be located so as to not be visible from any public right-of-way.

10. Allowed Stories. No ADU subject to this subsection F may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph E.2.d of this section.

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

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

2. Utility Fees. ADUs and JADUs shall not be required to have a new or separate utility connection directly between the ADU or JADU and the utility, nor shall a connection fee or capacity charge be required.

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

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

2. Unpermitted ADUs constructed before 2020.
a. Permit to Legalize. As required by state law, the City may not deny a permit to legalize an existing, but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds:
(1) The ADU or JADU violates applicable building standards; or (2) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 5.03.010).
b. Exceptions.
(1) Notwithstanding Subsection H.2.a, above the City may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the City makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. (2) Subsection H.2.a, above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code Section 17920.3.

I. Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set forth in Subsections A through H of this Section may be allowed by the City, subject to a Conditional Use Permit issued in accordance with the other provisions of this Development Code.
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Ontario City CouncilFebruary 4, 2025

Ontario City Council
February 4, 2025