Ontario City Council
March 18, 2025

Table 2.2-1 Building Types
Land Use Density Building Types
Greater than 25 du/ac Urban
Less than 25 du/ac and greater than 5 units Neighborhood Less than 25 du/ac and 5 units or less Housing form
A. Urban massing and façade design
Urban massing and façade design standards are required for all multiple-family developments projects with 25 du/ac or more (see Figures 2.2-1 and 2.2-2).

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

1. Massing standards
a. Size of massing increments Building facades along front and side lot lines that face public streets and are longer than 100 feet shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 150 feet. ii. A minimum 2 distinct massing increments shall be provided. b. Articulation of massing increments Individual massing increments shall be differentiated from 1 another using a minimum 1 of the following massing strategies:
i. Vary parapet height by a minimum of 3 feet
ii. Increase number of stories
iii. Set back upper floor. Set the upper floor or multiple upper floors back a minimum of 15 feet from the facade.
iv. Set the entire facade back a minimum of 10 feet for 20 feet v. Incorporate tower element
c. Massing increments with distinct facades Massing increments that have distinct facades and shall appear as distinct buildings.
d. Repeating massing increment design A massing increment design may be repeated on the same project elevation. Repeated massing increments shall be separated by a distinct massing increment.
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Figure 2.2-1 Urban: Massing Diagram

2. Element standards
Standards
a. Building façade along font lot line 400 feet max.
b. Massing increment 150 feet max.
c. Space between buildings 0 feet min.
d. Façade setback (if elected) 10 feet x 10 feet min.
e. Building base height 15 feet min.
f. Building façade alongside lot line 200 feet max.
g. Height difference between massing increments 3 feet min. h. Upper-level setback from facade 15 feet min.

Figure 2.2-2 Urban: Massing strategies
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Façade Composition

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

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

1. Façade fenestration standards
a. Minimum fenestration Facade designs must meet a minimum fenestration percentage, calculated as the total window and door area divided by the total area of that part of the façade (see Figure 2.2-3).
i. Ground floor
a. Front lot line: 70% minimum
b. All other frontages: 50% minimum
c. Ground floor windowsills on facades along the front lot line shall be no higher than 3 feet above the adjacent grade
d. Ground floor bathroom windows are prohibited on facades that face front lot line
ii. Upper floors 15% minimum
Figure 2.2-3 Urban: Fenestration Diagram
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A
B
B. Neighborhood massing and façade design
Neighborhood massing and façade design standards are required for all multiple-family development types applicable to multiple-family development projects with fewer than twentyfive (25) du/ac that include buildings with more than 5 units (see Figure 2.2-4).

Massing increments
Figure 2.2-4 Neighborhood: Massing Diagram

1. Element standards Standards
A. Building façade along front lot line 135 feet max.

B. Building façade length alongside interior lot
line
135 feet max.

C. Space between buildings 15 feet min.

D. Massing increment 75 feet max.

E. Height difference between massing
increments
2 feet min.

F. Façade setback (if elected) 10 feet x 20 feet
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1. Massing standards.
a. Size of massing increments. Building facades along front and side lot lines that face public streets and are longer than 135 feet shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 75 feet. ii. A minimum of 2 distinct massing/architectural increments shall be provided using 1 strategy from the massing strategies list and 1 strategy from architectural strategy list (see Figure 2.2-5).
b. Massing strategy list
i. Vary height by a minimum of 3 feet.
ii. Increase number of stories.
iii. Set back upper floors by a minimum 15 feet.
iv. Set the entire facade back a minimum of 10 feet for twenty feet. v. Increase story height.
vi. Incorporate tower element.

Figure 2.2-5 Neighborhood: Examples of Massing Strategies Diagram 789
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c. Architectural strategy list
i. Use different facade materials and/or colors.
ii. Window treatment and design. Use different window types, configurations, and/or frame colors.
iii. Diversify facade elements (balconies, trellises, chimneys, awnings) as per Section

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

Façade composition

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

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

C. House-form massing and façade design
House-form massing and façade Design standards for projects with densities below 25 du/ac that include buildings with 5 or fewer units (see Figure 2.2-6).

Figure 2.2-6 House Form: Massing Diagram

1. Element standards
Standards
A. Building Façade length along font lot line 60 feet max.

B. Massing Increment 60 feet max.

C. Building Façade length alongside lot line 60 feet max.

D. Space between buildings 15 Feet

2. Massing and façade composition standards
a. Massing increments A massing increment shall include the whole length of a single building façade, up to 60 feet in length. Only 1 massing increment per building façade shall be included (see Figure 2.2-7).
b. Length of buildings Buildings along front and side lot lines that face public streets shall be no longer than 60 feet.
c. Space between buildings Buildings along front and side lot lines shall be separated by a minimum15 feet.
d. Articulation of building façade Frontages along front and side lot lines must differ from neighboring buildings on-site using a minimum of 2 of the specified massing and architectural strategies:

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

Figure 2.2-7 House Form Massing Strategies
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Fenestration Design

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

2.2.3 Materials and Detailing
Building Materials

1. Prohibited materials
a. Fiberglass or plastic (false) architectural or facade elements or ornamentations are prohibited.
b. Rough-cast and sand-finishes are prohibited on all building surfaces that are visible from a street.
c. Reflective materials, such as mirrored glass, shiny metal, and chrome.

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

Windows and Doors

1. Materials and types
a. Window recess Windows shall be recessed specific to each building's architectural style listed in Chapter 4: Architectural styles but shall be no less than 2 inches for any style.
b. Window Material
i. Vinyl or vinyl clad windows shall resemble wood windows (i.e., faux wood or engineered wood) in detailing and profile thickness and employ muted patterns and colors consistent with the building's architectural style. c. Trim
i. Window and door trim materials Wood or cement fiber board is permitted. ii. Building trim materials Wood, stone, cast stone, pre-cast concrete, glass fiber, reinforced concrete, and cement fiber board.
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2.3 Architectural façade elements

2.3.1 Awning
Figure 2.3-1 Awning Diagram

1. Element standards
Minimum Maximum
A. Depth Not Applicable 3 feet
B. Clearance above ground 8 feet Not Applicable
C. Length See Below

2. Design standards
a. Encroachment Residential Awnings may encroach into the setback or public rightof- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Material Residential Awnings shall be of a simple shed form and made of codecompliant fire-resistant material. c. Upper floors Each individual awning shall cover no more than 1 window opening. 794
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2.3.2 Projecting room
Figure 2.3-2 Projecting Room Diagram

1. Element standards
Minimum Maximum
A. Depth Not Applicable 2 feet
B. Width Not Applicable 20 feet
C. Height Not Applicable 2-story building: 1 story max. 3-story building: 1 story max.
4-story+ building: 2 stories
maximum.

2. Design standards
a. Encroachment Projecting rooms may encroach into the setback or public right-ofway as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Support
i. Building projecting rooms shall have visible supports (I.e., beams, braces, or brackets).
ii. Building projecting rooms shall be setback 10 feet from an adjacent property line
c. Space between projecting rooms Space between Projecting Rooms shall be 20 feet within the same building plane.
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2.3.3 Bay Window
Figure 2.3-3 Bay Window Diagram

1. Element standards
Minimum Maximum
A. Height Not Applicable 10 feet
B. Width Not Applicable 10 feet

2. Design standards.
a. Encroachment Bay windows may encroach into the setback or public right-of- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Dimensions Bay windows shall be a maximum of 10 feet wide and shall have a height that is equal to or greater than their width.
c. Depth: The depth of Bay Windows shall be a minimum of 3 feet. d. Façade placement Bay windows shall be placed a minimum of 2 feet from any building corner and a minimum of 3 from any other bay window. e. Fenestration Bay windows shall consist of a minimum 75% transparent fenestration. 796
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2.3.4 Balcony
Figure 2.3-4 Balcony Diagram

1. Element standards
Minimum Maximum
A. Height
B. Width Not Applicable Refer to Design Standards
C. Depth

2. Design standards
a. Encroachment Balconies may encroach into the setback or public right-of- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.
b. Façade projection or recession Balconies may project from the facade, be recessed into the facade, or a combination of the two.
c. Required private open space Balconies meeting private open space standards shall have a minimum dimension of 7 feet by 7 feet.
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2.3.5 Terrace balcony
Figure 2.3-5 Terrace Balcony Diagram

1. Element standards
Minimum Maximum
A. Height
B. Width Not Applicable Refer to Design Standards
C. Depth

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

2.1.5 Open Space Standards.
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2.4 Entry elements

2.4.1 Stoop
Figure 2.4-1 Stoop Diagram

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

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

3. Landscaping Landscaping shall be planted on the sides of the stoop, either at grade or in raised planters. Raised planters shall have a minimum depth of 12 inches. 799
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2.4.2 Dooryard
Figure 2.4-2 Dooryard Diagram

1. Element standards Minimum Maximum
A. Depth, Clear 8 feet Not Applicable
B. Finish level above
sidewalk
Not Applicable 3 feet

1. Length of Terrace Not Applicable 150 feet
C. Distance between
stairways
Not Applicable 50 feet

2. Design standards
a. Relationship to Entry Dooryards shall align directly with the unit entry(ies) they serve. b. Number of Units Served Dooryards shall provide access to a maximum of 2-unit entries.
c. Enclosure Dooryards shall be enclosed by a maximum 3-foot high, decorative walls, fences, or low hedges.
d. Architectural Style Walls and/or fences shall match the building's architectural style. e. Doorway Stairway Orientation If the doorway is raised above grade, the exterior stairway for raised Dooryards shall be oriented perpendicular or parallel to the adjacent sidewalk.
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2.4.3 Porch
Figure 2.4-3 Porch Diagram

1. Element standards Minimum Maximum
A. Porch depth (excluding
stairs)
8 feet Not Applicable
B. Porch width 8 feet Not Applicable
C. Porch height 8 feet 12 feet
D. Floor height 1.5 feet 3 feet
E. Between porch and front
Property Line
5 feet Not Applicable

2. Design standards
a. Number of units served Porches shall provide access to multiple ground-floor unit doors.
b. Wrap-around porches Porches shall wrap around building corners. 801
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Chapter 3: Mixed Use Design Standards

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

3.1.1 Site Design

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

3.1.2 Site Access

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

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

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

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

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

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

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

4. Subterranean parking A subterranean parking structure may extend to all property lines (see Figure 3.1-1).
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5. Private residential garages Each private garage must have vehicular access from an alley, side street, or motor court.

Figure 3.1-1 Semi-subterranean parking
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Figure 2.1-3 Surface Parking Exhibit
B. Surface parking lot design

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

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

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

C. Parking court design
Figure 3.1-2 Parking Court

1. Design standards
a. The width of the parking court, when measured from 1 building face to the other, shall not exceed 100 feet (see Figure 3.1-2).
b. The parking court shall consist of only1parking bay, and this bay shall not exceed a maximum width of 62 feet.
c. On both sides of the parking court, sidewalks must be established, each with a minimum width of 15 feet. These sidewalks must connect with the adjacent public sidewalk network.
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D. Parking structure design

1. Context-sensitive façade design Parking structure façades shall incorporate a minimum 2 design elements using the architectural styles identified in Chapter 4: Architectural styles and adhere to Main Street or Urban and facade design standards applied in Section 3.2.3 Building Types (see Figure 3.1-3).

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

Figure 3.1-3 Example of parking structure and Façade Design

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

A. Common open space and public frontage

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

2. Access and visibility At-grade open space shall be accessible and visible from the adjacent ground floor.
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B. Common Open Space Types
Forecourt

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

Side Garden

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

Court

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

Figure 3.1-4 Forecourt
Figure 3.1-5 Side Garden
Figure 3.1-6 Court Configuration
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d. Encroachments
i. Dooryards, porches, stoops, and architectural elements may encroach into the Side Yard.
ii. A ground floor encroaching element shall not encroach beyond 8 feet of the building's façade into the court.

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

Passage

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

C. Private Open Space

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

D. Private Open Space Types
Private Roof Deck

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

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

Backyard

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

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

Figure 3.1-7 Passage Configuration
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Architectural façade elements as private open space

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

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

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

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

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

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

3.1.6 Fences and Walls

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

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

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

1. Minimum Setback from
Public Street Property Lines Notes 2 & 8
a. Arterial 0 feet 0 feet
b. Collector 0 Feet 5 feet c. Local 5 feet 5 feet

2. Maximum Setback from
Public Street Property Lines
a. Arterial 5 feet 5 feet
b. Collector 10 feet 10 feet
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Requirements Mixed-Use Development Standards Additional Regulations
Mixed-Use Building Type
c. Local 10 feet 10 feet

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

4. Minimum Setback from
Public Alley Property Lines 5 Feet

5. Minimum Setback from
Private Drives/Alleyways
(from edge of drive aisle)

a. Living Area 10 feet
b. Garages and Other
Nonhabitable Structures 5 feet

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

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

8. Minimum Separation
Between Detached Buildings
a. Dwelling Front to Front
< 2-Stories: 25 feet; > 3 Stories: 30 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.

b. Dwelling Front to Rear
< 2-Stories: 25 feet; > 3 Stories: 30 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
c. Dwelling Front to Side
< 2-Stories: 25 feet; > 3 Stories: 30 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
d. Dwelling Side to Side
< 2-Stories: 5 feet; > 3 Stories: 5 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.

e. Dwelling Side to Rear 15 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
f. Dwelling Rear to Rear 20 feet unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types.
30 feet – Entry to Entry 30 feet – Entry to Side
g. Garage to Garage (or
other nonhabitable 10 feet – Side to Side
structures) 10 feet – Side to Rear

9. Minimum Storage Space 240 CF Note 4

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

11. Maximum Building Height
(from grade to top of plate)
a. Arterial
b. Collector Table 3.2-2 Mixed-Use Building Types Note 8 c. Local

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

13. Minimum Setback from
Major Pipelines 50 feet (to habitable structures) Note 6 809
Residential Objective Development & Design Standards

Notes:

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

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

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

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

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

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

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

8. In the Downtown District, the maximum 45-foot façade height shall extend no more than 70 percent of the frontage. The remaining 30 percent of the frontage shall include an upper-level setback of at least 12 feet, starting at the third story. Usable outdoorspaces, such as roof decks or terraces, may occupy the roof area of the upper-level setback. See Urban Form standards under Section 2.2.2A Urban Building Type. 810
Residential Objective Development & Design Standards

3.2.1 Height Standards

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

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

3.2.2 Ground Floor Building Frontage

1. Mixed-Use development types The ground floor frontage for vertical mixed-use developments must be designed to accommodate commercial uses.

3.2.3 Building Types
Identify the suitable building type based on the location including (see Table 3.2-1):

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

2. "Urban" (applicable to mixed-use areas outside the District Place type) Table 3.2-1 Mixed- Use Building Types
TOP Land Use Place type Max Permitted Height Building Types Downtown 45 feet Main Street
Airport Metro/Entertainment 120 feet Main Street
Guasti 70 feet Main Street
South Euclid 70 feet Main Street
South Employment 70 feet Main Street
East Holt Blvd 70 feet Urban
Inland Empire Blvd 70 feet Urban
Infill 50 feet Urban
South of Riverside Drive 50 feet Urban
A. Main Street Massing and Façade Design
Main Street Massing and Façade design standards are required in all mixed-use areas within the District Place type, as shown in the City's Policy Plan (Exhibits LU-04 and LU-05).

Massing increment
Massing Increments shall appear as either distinct buildings or distinct parts of a single building. 811
Residential Objective Development & Design Standards

1. Massing standards
Figure 3.2-1 Main Street: Massing Diagram

1. Element Standards
A. Building Façade along font lot line (300 feet max).

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

C. Space between buildings (0 feet min).

D. Massing Increment (75 feet max).

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

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

G. Upper-Level Setback (15 feet min).

2. Massing standards
a. Size of massing increments. Building facades that face public streets and are longer than 75 feet in length shall be divided into massing increments as follows (see Figure

3.2-1):
i. The maximum length of a single massing increment shall not exceed 75 feet. ii. Single building projects less than 150 linear feet of street frontage shall have no massing increments applied.
iii. Single building projects between 150 and 250 linear feet of street frontage shall have at minimum 2 massing increments separated by a façade break. iv. Single project buildings that have more than 250 linear feet of street frontage shall have 3 massing increments each separated by a façade break. b. Required difference in facade height. Adjacent massing increments must vary in façade height measured from the sidewalk to the eave, cornice, or parapet, using a minimum 1 massing strategy (see Figure 3.2-1 and Figure 3.2.2):
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Residential Objective Development & Design Standards

i. Vary number of stories.
ii. Vary the parapet height by a minimum of 3 feet.
iii. Incorporate tower element.
iv. Set back upper floor(s) a minimum 15 feet.

Figure 3.2-2 Main Street: Examples of Massing Strategies Diagram c. Articulation of massing increments. Individual massing increments shall be differentiated from one another using 3 of the following architectural strategies (see Figure 3.2-2 ):
i. Set façade increment back. Set the entire facade increment back a minimum of 3 feet.
ii. Base height. Vary the height of the building base of adjacent increments. iii. Façade colors. Use different facade materials and/or colors. iv. Window type/configuration. Use different window types, configurations, and/or frame colors.
v. Presence/arrangement of façade elements. Vary the presence or arrangement of façade elements such as projecting balconies, recessed balconies, trellises, chimneys, and awnings.
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d. Self-contained massing increments. Facade elements, such as window openings and balconies, shall not overlap the division between massing increments. e. Repeating massing increment design. A massing increment design may be repeated a maximum of 3 times on the same project elevation. Repeated massing increments may not be located immediately adjacent to each other.

Façade Composition

1. Facade composition standards
a. Facade Grid. The window, door, and/or shopfront openings of each individual facade shall be organized into a grid as follows:
i. Horizontal alignment of elements. Rooflines, openings, and materials within each facade shall be aligned horizontally.
ii. Vertical Bays. The entirety of a building's façade shall be clearly divided into vertical bays.
b. Multi-story building façades. Multi-story building
facades shall be designed to include a base,
middle, and top.
i. Base. Building base of entire ground floor for
buildings less than 5 stories or 25 feet for
buildings 5 stories or more, shall use a
minimum of 2 of the following strategies:
(a) Provide a string course at the
top of the first story;
(b) Specify base materials different
from rest of facade;
(c) Specify base colors different
from rest of facade;
(d) Provide a ground floor Arcade
or Gallery per (Section 3.2
Architectural Façade
Elements).
ii. Middle. The middle of the building—the
facade of all floors located above the
base—shall be designed as follows:
(a) Window and door openings shall be organized in bays per the façade fenestration standards of this section.
(b) If provided, attached façade elements such as balconies, bay windows, and projecting rooms, shall be designed per the façade fenestration standards of this section.
iii. Top. The façade elements that define the upper limits of the building—shall be designed as follows:
(a) The top of the building facade shall incorporate capping elements, such as a cornice, enhanced ornamentation, or a decorative parapet (see Figure 3.2-3).

Figure 3.2-5 Main Street: Multi-Story
Building Façade Diagram
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Figure 3.2-3 Main Street: Façade Composition
Fenestration Design
Fenestration Design addresses the percentage of window and door openings for ground floors and upper floors and glazing transparency.

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

Figure 3.2-4 Main Street: Fenestration
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2. General to all floors. All window jambs/frames shall be set back a minimum of 2 inches back from the facade plane.

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

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

Massing Increments
Massing increments are visually discrete design compositions that are distinguishable from each other and have a coherent look and character from the ground to the top of the facade. Massing Increments appear as either distinct buildings or distinct parts of a single building (see Figure 3.2-5).

1. Massing standards
Figure 3.2-5 Urban Massing
Element Standards Standards
a. Building façade along font lot line 400 feet max
b. Massing increment 150 feet max
c. Space between buildings 0 feet minimum
d. Façade setback (if elected) 10 feet x 10 feet minimum e. Building base height 15 feet minimum
f. Building façade alongside lot line 200 feet max
g. Height difference between massing increments 3 feet minimum h. Upper-level setback from facade 15 feet minimum
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Residential Objective Development & Design Standards

2. Size of massing increments Building facades along front and side lot lines that face public streets and are longer than 100 feet shall be divided into massing increments as follows:
a. The maximum length of a single massing increment shall not exceed 150 feet (see Figure 3.2-6).
b. A minimum of 2 distinct massing increments shall be provided.

3. Articulation of massing increments Individual massing increments shall be differentiated from one another using at minimum 1 of the following massing strategies:
a. Vary parapet height by a minimum of 3 feet.
b. Increase number of stories.
c. Set the upper floor or multiple upper floors back a minimum of 15 feet from the facade. d. Set the entire facade back a minimum of 10 feet for 20 feet. e. Incorporate tower element.

Figure 3.2-6 Urban: Examples of Massing Strategies Diagram

1. Massing increments with distinct facades Massing increments that have distinct facades and shall appear as distinct buildings.
a. Repeating massing increment design A massing increment design may be repeated on the same project elevation. Repeated massing increments shall be separated by a distinct massing increment
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Residential Objective Development & Design Standards

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

1. Façade composition standards

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

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

1. Façade fenestration standards.
a. Minimum fenestration. Facade designs must meet a minimum fenestration percentage, calculated as the total window and door area divided by the total 818
Residential Objective Development & Design Standards

area of that part of the facade.
i. Ground floor
(a) Front lot line: 70% minimum
(b) All other frontages: 50% minimum
(c) Ground floor windowsills on facades along the front lot line shall be no higher than 3 feet above the adjacent grade.
(d) Ground floor bathroom windows are prohibited on facades that face front lot line.
ii. Upper floors 15% minimum
Figure 3.2-7 Urban: Fenestration Diagram

3.2.4 Materials and Detailing
A. Building Materials

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

2. Combining materials. When combining 2 or more wall materials on 1 facade:
a. Place lighter weight materials above more substantial ones (e.g., glass above wood, wood above stucco, stucco above masonry).
b. Vertical joints between different materials shall only occur at inside corners. 819
Residential Objective Development & Design Standards

B. Windows and Doors

1. Material and types
a. Window recess Windows shall be recessed in a manner that is specific to each building's architectural style but shall be no less than 2 inches for any style. b. Architectural style of detailing Windows, doors, frames, colors, and styles shall be appropriate to the building's architectural style in terms of window type, proportion, and color.
c. Materials Windows and doors shall be made of wood, fiberglass, fiberglass-clad wood, aluminum clad wood, or metal.
d. Glazing Glazing shall be clear glass with no more than ten percent daylight reduction (tinting). Reflective (mirrored) glazing is prohibited. e. Residential buildings The following are applicable to multiple-family development types.
i. Vinyl or vinyl clad windows shall resemble wood windows (i.e., faux wood or engineered wood) in detailing and profile thickness and employ muted patterns and colors consistent with the building's architectural style. ii. Nail-on windows that are deeply set within their frame are permitted. iii. Muntins shall be of a substantial dimension (e.g., not flat) and shall be placed on the exterior of windows.
iv. Trim:
a) Window and door trim materials Wood or cement fiber board. Foam trim around windows is allowed. Foam trim around doors is prohibited.
b) Building trim materials Wood, stone, cast stone, pre-cast concrete, glass fiber reinforced concrete, and cement fiber board. 820
Residential Objective Development & Design Standards

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

3.2.3. Massing and Façade Design.

3.3.1 Arcade
Figure 3.3-1 Arcade

1. Element Standards
Minimum Maximum
A. Depth 12 feet 16 feet
B. Distance from Property
Line
0 feet
C. Opening height, clear See Below
D. Overall height See Below

2. Design standards
a. Projection depth The arcade projection depth from the ground floor facade shall be no greater than the height of the arcade opening (see Figure 3.3-1). b. Sidewalk depth beneath arcade The covered sidewalk under the arcade shall be a minimum of 10 feet wide from the inside of the vertical support to the ground floor building face.
c. Entry element requirement Arcades shall be combined with Shopfronts (defined in Section 3.4 Entry Elements).
d. Minimum openings and massing increments Arcades shall be a minimum of 3 openings wide. The location where an arcade stops or changes in design or dimensions shall correspond to a change in massing increment (Section 3.2.3. 821
Residential Objective Development & Design Standards

Massing and Façade Design) for massing increment requirements). e. Vertical supports Vertical supports may be piers, columns, or arches. The width of a vertical support shall not exceed 3 feet.
f. Width of openings The openings between vertical supports, as seen from the street, shall be taller than they are wide.
g. Shape and cadence of openings Openings, whether rectangular or arched, must align with facade bays if present (vertical bays are mandatory for Main Street standards and optional for other massing types in Section 3.2.3. Massing and Façade Design).
h. Vertical clearance The minimum vertical clearance at each opening shall be a minimum of 12 feet, excluding decorative brackets, spandrels, and/or lower portions of arches.
i. Arcade height relative to interior building floor height The height of the soffit inside the arcade shall be no less than the height of the ceiling of the floor to which it corresponds.
j. Architectural style Arcade detailing, including lighting, shall utilize the architectural style of the building.
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3.3.2 Gallery
Figure 3.3-2 Gallery

1. Element standards
Minimum Maximum
A. Depth, clear 10 feet 16 feet
B. Distance to property
line, clear
0 feet 5 feet
C. Opening height, clear 12 feet 2 floors
D. Overall height See Below

2. Design standards
a. Projection depth Gallery projection depth from the ground floor facade shall be no greater than the height of the gallery opening (see Figure 3.2-2 "A"). b. Sidewalk depth beneath gallery Covered sidewalk width under the gallery must be a minimum of 10 feet from the inside of the vertical support to the ground floor building face (see Figure 3.2-2 "A").
c. Minimum openings and massing increments Galleries shall be a minimum of 3 openings wide. The location where a gallery stops or changes in design or dimensions shall correspond to a change in massing increment (see Section 3.2.3.

Massing and Façade Design).
d. Vertical supports Vertical supports may be piers or columns. The width of a vertical support shall not exceed 1 foot.
e. Width of openings Openings between verticalsupports, as seen from the street, shall be taller than they are wide.
f. Shape and cadence of openings Openings may be rectangular but shall not be arched.
g. Vertical clearance Minimum vertical clearance at each opening shall be a minimum of 12 feet, excluding decorative brackets and spandrels. 823
Residential Objective Development & Design Standards

h. Gallery height relative to interior building floor height. Height of the soffit inside the gallery shall be no less than the height of the ceiling of the floor to which it corresponds.
i. Vertical alignment Galleries may be single or double-story and shall correlate with building floors (see "D" in above figure).
j. Architectural style Gallery detailing, including lighting shall utilize the architectural style of the building.
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3.3.3 Commercial Awning
Figure 3.3-3 Commercial Awning Diagram

1. Element standards
Minimum Maximum
A. Depth 4 feet Not Applicable
B. Clearance above
sidewalk
8 feet Not Applicable
C. Length See Below

2. Design standards
a. Encroachment Commercial awnings may encroach into the setback or public right-of- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code (see Figure 3.3-3). b. Material Commercial awnings shall be of a simple shed form, made of codecompliant fire-resistant canvas. c. Width. Awning widths shall equal in size to shopfront opening widths. d. Prohibited lighting Internally illuminated and back-lit awnings and any associated light diffusers are prohibited.
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Residential Objective Development & Design Standards

3.3.4 Commercial canopy
Figure 3.3-4 Commercial Canopy

1. Element standards
Minimum Maximum
A. Depth Not Applicable 3 feet
B. Minimum clearance
above ground
Not Applicable 12 feet
C. Length of terrace Not Applicable 150 feet

2. Design standards
a. Encroachment Commercial canopies may encroach into the setback or public right-of- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code (see Figure 3.3-4). b. Form and material Canopies shall be of a simple form, made of metal and/or glass. c. Support Canopies shall be supported either from below by metal brackets, or from above by rods and wires that affix to the wall.
d. Width Canopies may extend across multiple storefronts. 826
Residential Objective Development & Design Standards

3.3.5 Awning
Figure 3.3-5 Awning

1. Element standards
Minimum Maximum
A. Depth Not Applicable 3 feet
B. Clearance above ground 8 feet Not Applicable
C. Length See Below

2. Design Standards
a. Encroachment Residential awnings may encroach into the setback or public rightof- way as defined in Division 6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code (see Figure 3.3-5). b. Material Residential awnings shall be of simple shed form, made of codecompliant fire-resistant. c. Upper floors Each individual awning shall cover no more than 1 window opening. 827
Residential Objective Development & Design Standards

3.3.6 Canopy
Figure 3.3-6 Canopy

1. Element standards
Minimum Maximum
A. Depth Not Applicable 3 feet
B. Minimum clearance from
landing
7 feet 8 feet
C. Length of terrace Not Applicable 8 feet

2. Design standards
a. Material Canopies shall be of a simple form, made of metal and/or glass. b. Support Canopies shall be supported either from below by metal brackets, or from above by rods or wires that affix to the wall (see Figure 3.3-6). c. Upper floors Each individual canopy shall cover no more than 1 window opening. 828
Residential Objective Development & Design Standards

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

3.1.3. Massing and Façade Design.

3.4.1 Shopfront
Figure 3.4-1 Shopfront

1. Element standards
Minimum Maximum
A. Height to top of transom 12 feet 16 feet
B. Height to bottom of
canopy/awning
8 feet 10 feet
C. Width of each shopfront
bay
10 feet 25 feet
D. Height of shopfront base 1 foot 3 feet
E. Awning/Canopy Depth 4 feet Not Applicable

2. Design standards
a. Vertical bays Shopfront openings must align into bays, following the vertical bay specifications in Section 3.2.3. Massing and Façade Design of main street standards (see Figure 3.4-1).
b. Architectural façade elements
i. Shopfronts in vertical mixed-use buildings may integrate with Galleries or Arcades.
ii. Visibility Windowsills in non-entry bays shall not exceed 2 feet above grade. c. Setback use and design Recessed shopfronts without dooryard, terrace, or porch designs shall extend to the property line.
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3.4.2 Lobby Entry
Figure 3.4-2 Lobby Entry

1. Element standards
Minimum Maximum
A. Height to top of transom 10 feet 20 feet
B. Height to bottom of
canopy/awning
8 feet Not Applicable
C. Distance to property line Not Applicable 20 feet
D. Awning/Canopy Depth 4 feet Not Applicable

2. Design standards.
a. Lobby entries shall be visible and distinguishable from adjacent ground floor units and include a minimum of 1 of the following design strategies (see Figure 3.4-2):
i. Center placement for symmetry.
ii. Prominent corner location.
iii. Incorporate 2 architectural elements (columns, overhanging roofs, canopies, awnings, or ornamental light fixtures).
iv. Recessed entry.
v. Entry framing.
b. Main Street massing types
i. Lobby entries shall not exceed 20% of the frontage length. ii. Allocate the remaining length to shopfronts.
c. Visibility Lobbies entries shall be visible from the public right of way as follows:
i. Windowsills shall be no higher than 2 feet above adjacent grade. ii. Internal shade devices such as blinds, shades, or curtains are prohibited. d. A forecourt may be introduced to provide a transition between the entry and sidewalk (forecourt standards are discussed in Section 3.1.5 Open Space Standards)
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Chapter 4. Architectural styles
Below is a list of Architectural styles which shall be applied. A maximum of 1 architectural style shall be applied to each project.

4.1 Mission-Spanish Colonial Revival

4.2 Craftsman

4.3 American Mercantile

4.4 Tuscan

4.5 Modern

4.6 Farmhouse

4.1 Mission - Spanish Colonial Revival
Influenced by Spanish/Mediterranean and early Californian styles in the late 19th and early 20th centuries, the Spanish Colonial Revival style is asymmetrically arranged and includes low-pitched roofs covered with S-type clay red roofing tiles, wooden frames with stucco siding, and arches above doors, porch entries, and main windows (see Figure 4.1-1).

Figure 4.1-1 Mission - Spanish Colonial Revival

4.1.1 Form and Massing

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

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

4.1.2 Roof

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

4.1.3 Materials and Colors

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

4.1.4 Doors and Windows

1. Door and windows (Apply all)
a. Accent windows shall be a minimum of 20 percent of the total windows b. The primary facade shall include a minimum of 1 arched element c. A minimum of 50 percent of the windows shall be casement windows d. All entrance-door surrounds shall be banded with ceramic tile, molded plaster, or painted accents.
e. All casement windows and double-hung windows shall have wood frames f. Eighty percent of the windows shall have window muntins 832
Residential Objective Development & Design Standards

4.1.5 Decorative Details

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

4.2 Craftsman
The Craftsman or California Bungalow style, originating from the early 20th-century Arts and Crafts movement. Notable features include the artful use of wood and natural materials, low-pitched roofs, horizontal orientation, earth-toned colors, exposed rafters, decorative brackets, porches, and columns (see Figure 4.2-1).

Figure 4.2-1 Craftsman

4.2.1 Form and Massing

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

4.2.2 Roof

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

4.2.3 Materials and Colors

1. Materials and colors (Apply all)
a. Brick or stone shall be used in the base
b. Primary wall materials shall include dark-color wood shingles, clapboard siding, or fiber cement siding and natural materials such as stone or brick. c. Use of earth-toned color palette, such as browns and greens 834
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d. The front lot line façade shall have a minimum of 3 paint colors: 1 for the cladding, 1 for trim, and 1 for accents such as windows and decorative details.

4.2.4 Doors and Windows

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

4.2.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Stone pier and battered wood support
ii. Exposed rafter tails and knee-brace brackets
iii. Dormers on the front façade
iv. Second-story balcony
v. Decorative attic/gable vent
vi. Light fixtures shall be box-shaped, with metal frame and geometric pattern vii. Chimneys are visible at the exterior and arranged on a side elevation viii. Stained-glass or transom windows
ix. Covered front porches shall tapered pillars
x. Ground-level windows shall have muntins
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4.3 American mercantile
This building type began in the late 19th century when, in the process of identifying towns and cities, housing and offices were built over retail stores. This mixed-use strategy is still relevant today as the reurbanization of existing city centers becomes an established pattern (see Figure 4.3-1).

Figure 4.3-1 American Mercantile

4.3.1 Form and Massing

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

4.3.2 Roof

1. Roof design (Apply all)
a. Flat roof.
b. A projecting cornice or a receding, stepped parapet
c. Cornice and details mimic and reference historical detailing d. Street-facing gable roof with roof pitches at minimum 5:12 unless concealed behind a parapet.
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4.3.2 Materials and Colors

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

4.3.4 Doors and Windows

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

4.3.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Awnings, canopies, and second-floor balconies
ii. Pedimented windows
iii. Wide window trim with a keystone
iv. Double-bracketed cornice
v. Gable roof
vi. Roof finial
vii. Transom above door and windows on the ground level viii. Metal balcony railing
ix. Canopy or awning
x. Recessed entries
xi. Cast-iron columns
xii. Shopfront millwork
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4.4 Tuscan
A blend of Spanish Revival and rural Italian elements, this interpretation of traditional Mediterranean architecture features stone and stucco, light earth tones, and red-tiled roofs.

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

Italianate references are evident in squared towers and projections. Features include porches, porticoes, and vertically oriented, recessed windows (see Figure 4.4-1).

Figure 4.4-1 Tuscan

4.4.1 Form and Massing

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

4.4.2 Roof

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

4.4.3 Materials and Colors

1. Materials and colors (Apply all)
a. Incorporate rough-hewn stone as accent feature
b. Flat stucco walls in light earth tones
c. Use of earth-toned color palette
d. Brown or beige window frames
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4.4.4 Doors and windows

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

4.4.5 Decorative details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Juliet balconies
ii. Rafter extensions and brackets
iii. Stone or stucco window/door trim
iv. Rectangular or arched wooden door
v. Arcade or porch at entry
vi. Decorative ironwork (window grilles, railings, light fixtures, decorative planters) vii. Arched windows
viii. Paired decorative wood shutters. Shutters shall be equal to half the width of the window. Shutter styles shall be paneled or louvered.
ix. Use of brick, stone, or wood columns
x. Stucco or stone chimneys
xi. Different-color wood trellis
xii. Arched openings and doorways at the ground level
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4.5 Modern
Modern architecture prioritizes clean lines, geometric shapes, and the use of unconventional or industrial materials such as glass, metal, concrete, steel, and reclaimed materials characterized by extensive large windows, contemporary buildings maximize natural light, and passive solar heating (see Figure 4.5-1).

Figure 4.5-1 Modern

4.5.1 Form and Massing

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

4.5.2 Roof

1. Roof design. Flat or low-pitched roofs (4:12 slope max)

4.5.3 Materials and Colors

1. Materials and colors (Apply all)
a. Use of raw and natural materials including wood, concrete, metal, and glass. b. Traditional materials (such as smooth stucco (20/30), wood, brick, and stone) shall be used as an accent material.
c. Minimum 2 materials on the building facade.
d. Use of color blocking for geometric forms and break up massing elements. e. Building facade shall incorporate a minimum of 2 of the following as an accent:
i. Awnings
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ii. Popouts, trellis
iii. Arbor structures
iv. Balconies

4.5.4 Doors and Windows

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

4.5.5 Decorative Details

1. Decorative details (Apply all)
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Metal balcony railings
ii. Clerestory windows
iii. Floor-to-ceiling glass door
iv. Floor-to-ceiling glass windows on the ground level
v. Roof decks
vi. Trellis shade structures
vii. Metal awning
viii. Roof overhang with exposed wood or steel frame
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4.6 Farmhouse
Farmhouse style utilizes vertical or horizontal wood siding, monochrome colors with contrasting accents, minimal ornamentation, and medium to high-pitched roofs. Minimal detailing includes awnings, porches, and wall-mounted gooseneck lights (see Figure 4.6-1).

Figure 4.6-1 Farmhouse

4.6.1 Form and Massing

1. Façade design (Apply all)
a. Straight exterior lines, geometric form
b. Asymmetrical massing with a gable at the front of the house c. Repeating shapes and lines
d. Gable roof creating a triangular wall on the ends.
e. Incorporate farm and ranch forms (i.e. barns, silos, sheds, tank houses, and granary towers)
f. Multiple gable and shed roof planes
g. Geometric forms, industrial materials, and repetition h. Covered porches and awnings to break up volumes between lower and upper floors.
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4.6.2 Roof

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

4.6.3 Materials and Colors

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

4.6.4 Doors and Windows

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

4.6.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following; and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Wide front porch with simple columns
ii. Covered patio
iii. Shed or gabled dormers
iv. Carriage-style garage doors
v. Dark shutters and window sashes
vi. Gable brackets, vents, and trim
vii. Iron-inspired barn-style lighting
viii. Metal awnings without sides
ix. Gooseneck light fixtures at the entrance
x. Large doors and windows to maximize natural light
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Chapter 5. Administration

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

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

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

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

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

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

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

Bay. A facade division comprised of groupings of vertically aligned facade elements, such as shopfronts, windows, awnings, and wall materials that are stacked 1 above the other. Bays can be differentiated from 1 another by changes in material, color, and/or use of architectural elements such as pilasters.
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Bay Window. A window or series of windows projecting from the exterior wall of a building and forming an extension, or bay, of the room. Subject to the requirements of the regulating zone, bay windows may encroach into the setback or public right-of-way.

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

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

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

Director. The Director of Community Development, or designee.

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

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

Encroachment: Structure extending into a required setback area.

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

Facade Increment: Visually distinguished complete facade composition.

Fenestration: Transparent glass openings in a building face.

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

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

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

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

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

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

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

Height, Building: Height measured from finished grade at any property line along the street. 845
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Loggia: Colonnaded or arcaded space within a building, open to the air on 1 side.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Side yard: The portion of a parcel extending from the front property line to the rear property line and between the side property line and the closest side of the principal building. It may also be designed as open space.
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Story height: The vertical distance from floor to ceiling, measured from the top of the floor finish to the bottom of the ceiling joists for the topmost story.

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

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

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

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

5.3 Checklist
See Attachment A
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ATTACHMENT A
March 18, 2025
Objective Development & Design Standards Checklist
The Objective Development & Design Standards (ODDS) Checklist is applicable to both Multiple Family Development and Mixed-Use Development. Refer to the ODDS Chapter’s 1 through 4 for specific additional information.

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

The Applicant is required to provide a completed Checklist upon application submittal.

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ODDS – Chapter 2

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2.1 Site Design Standards

2.1.1 Site Design

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

2.1.2 Site Access

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

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

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

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

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

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

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

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

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

1. Screening
a. Street-adjacent parking lots
i. A street-adjacent surface parking lot shall be screened from view by a low wall or hedge no higher than 3 feet A -2
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ODDS – Chapter 2

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in height.
ii. Walls and hedges must be a minimum 18 inches from the back of sidewalk iii. Landscaped berms are prohibited
b. Neighboring parcels Views from neighboring properties shall be screened with trees and shrubs

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

3. Shade structures Shade structures, if used, shall match the architectural style of the project buildings C. Parking court design

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

D. Parking structure design

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

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

2.1.4 Open Space Standards
A. Common open space and public frontage

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

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

1. Design standards
a. A forecourt may occur on any floor and may be used as an allowed method of creating façade massing increments. b. Minimum dimensions Forecourts shall be a minimum of 15 feet by 15 feet Side garden

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

1. Design standards.
a. Minimum dimensions: All courts shall be a minimum of 20 feet by 30 feet b. Enclosure
i. A court shall have building walls on a minimum 2 sides, while the third and fourth side can be defined by architectural or landscape elements (i.e., low walls, trellises, hedges, or rows of trees). ii. A driveway located adjacent to a court shall be screened by architectural elements (e.g., low walls or trellises, hedges, or rows of trees).
c. Access
i. Courts shall be accessed from the street or walkway
ii. Units shall be allowed to take direct access through a court d. Encroachments
i. Dooryards, porches, stoops, and architectural elements may encroach into the Side Yard ii. A ground floor encroaching element shall not encroach beyond 8 feet of the building's façade into the court e. Common Area A court shall serve as communal spaces and pedestrian access A -4
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f. Amenities A court shall include a minimum 1 of the following amenities: a seating area, a fountain, a BBQ island, or an outdoor fireplace.

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Passage

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

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

D. Private Open Space Types
Private roof deck

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

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

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

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

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

1. Description The following elements defined in Section 2.4 Entry Elements may be used to meet on-site private open space requirements.

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a. Dooryard
b. Porch

2.1.5 Landscaping

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

2.1.6 Fences and Walls

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

2.2 Multiple-Family development standards
Table 2.01 Multiple-Family Development Standards per Development Type (Refer Section 2.2.2 Building Types) A. Building Development Standards

1. Minimum Setback from Public Street Property Lines: (refer to Note 9 – Table 2.01). a. Arterial
Urban (25 du/ ac or greater) - 0 feet
Neighborhood (Less than 25 du/ac) – 10 feet
Housing (Less than 25 du/ac and 5 units or less – 14 feet b. Collector
Urban (25 du/ ac or greater) - 5 feet
Neighborhood (Less than 25 du/ac) – 10 feet
Housing (Less than 25 du/ac and 5 units or less – 14 feet c. Local
Urban (25 du/ ac or greater) – 5 feet
Neighborhood (Less than 25 du/ac) – 15 feet
Housing (Less than 25 du/ac and 5 units or less – 20 feet

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

3. Minimum Setback from Public Alley Property Lines – 5 feet

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

5. Minimum Setback from Dwellings to Parking Spaces
a. Living Area – 10 feet
b. Garages and other non-habitable structures – 5 feet

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

7. Minimum Separation Between Detached Buildings:
a. Dwelling Front to Front- < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Building Types. (refer to Note 5 – Table 2.01). b. Dwelling Front to Rear- < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Building Types. (refer to Note 5 – Table 2.01). c. Dwelling Front to Side - < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Building Types. (refer to Note 5 – Table 2.01). d. Dwelling Side to Side - < 2-Stories: 10 FT; > 3 Stories: 15 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Building Types. (refer to Note 5 – Table 2.01). e. Dwelling Side to Rear - 15 FT; unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Building Types. (refer to Note 5 – Table 2.01). f. Dwelling Rear to Rear- 20 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 2.2.2 Building Types. (refer to Note 5 – Table 2.01).

8. Garage to Garage (or other nonhabitable structures)
a. 30 FT – Entry to Entry
b. 30 FT – Entry to Side
c. 10 FT – Side to Side
d. 10 FT – Side to Rear

9. Minimum Storage Space – 240 CF (refer to Note 4 – Table 2.01)

10. Maximum Street Façade Height
a. Downtown District – 45 Feet (refer to Note 8 – Table 2.01) b. Other Districts & Corridors – n/a
c. Neighborhood Centers - 35 Feet

11. Maximum Building Height
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a. Downtown District – n/a (refer to Note 8 – Table 2.01) b. Other Districts & Corridors – n/a (refer to Note 5 – Table 2.01) c. Neighborhood Centers -60 FT (refer to Note 5 – Table 2.01)

12. Minimum Setback from Major Pipelines - 50 FT (to habitable structures) (refer to Note 7 – Table 2.01)

2.2.1 Height Standards

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

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

2.2.2 Building Types

1. Identify the suitable building type for the project based on its density, including:
a. "Urban" (applies to multiple-family development projects with 25 dwelling units per acre or more). Projects less than 1 acre in size but exceeding 25 du/ac can use neighborhood or housing Form in lieu of the urban massing form. b. "Housing" (applies to multiple-family development projects with fewer than 25 dwelling units per acre that include buildings with 5 or fewer units).
c. "Neighborhood" (applies to multiple-family development projects with fewer than 25 dwelling units per acre that include buildings with more than 5 units)
A. Urban massing and façade design
Urban massing and façade design standards are required for all multiple-family developments projects with 25 du/ac or more
Massing increments

1. Massing standards
a. Size of massing increments Building facades along front and side lot lines that face public streets and are longer than 100 feet shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 150 feet ii. A minimum 2 distinct massing increments shall be provided A -9
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b. Articulation of massing increments Individual massing increments shall be differentiated from one another using a minimum 1 of the following massing strategies:
i. Vary parapet height by a minimum of 3 feet
ii. Increase number of stories
iii. Set back upper floor. Set the upper floor or multiple upper floors back a minimum of 15 feet from the facade iv. Set the entire facade back a minimum of 10 feet for 20 feet v. Incorporate tower element
c. Massing increments with distinct facades Massing increments that have distinct facades and shall appear as distinct buildings.
d. Repeating massing increment design A massing increment design may be repeated on the same project elevation.

Repeated massing increments shall be separated by a distinct massing increment.

2. Element standards
a. Building façade along font lot line - 400 feet max
b. Massing increment - 150 feet max
c. Space between buildings - 0 feet min
d. Façade setback (if elected) - 10 feet x 10 feet min
e. Building base height - 15 feet min
f. Building façade alongside lot line - 200 feet max.
g. Height difference between massing increments - 3 feet min h. Upper-level setback from façade - 15 feet min
Façade Composition

1. Façade composition standards. The building facade shall be divided into a base and body as follows:
a. Base Separate the building base (entire ground floor facade or first 2 floors of building's 5 stories or taller) from the rest of the facade for a minimum of 15 feet (fewer than 5 stories) or 25 feet (5 stories or more) from grade, using a minimum 2 of the following strategies:
i. Provide a string course at the top of the first story ii. Specify base materials different from rest of façade iii. Specify base colors different from rest of façade
iv. Provide a ground floor Arcade or Gallery per Section 2.3 Architectural Façade Elements.

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b. Body The body of the building consists of the facade of all floors located above the base and shall be designed as follows:
i. Windows shall be organized in bays, bands, curtain wall, and grid of windows consistent with the Facade Fenestration Standards for the Urban massing type.
ii. Each massing increment must contain its entire facade composition without elements overlapping the division between increments.

Fenestration design

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

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

Massing increments

1. Element standards
a. Building façade along front lot line – 135 feet max
b. Building façade length alongside interior lot line – 135 feet max c. Space between buildings – 15 feet min
d. Massing increment – 75 feet max
e. Height difference between massing increments – 2 feet min f. Façade setback (if elected) – 10 feet x 20 feet

2. Massing standards
a. Size of massing increments Building facades along front and side lot lines that face public streets and are longer than A -11
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135 feet shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 75 feet ii. A minimum of 2 distinct massing/architectural increments shall be provided using 1 strategy from the massing strategies list and 1 strategy from architectural strategy list. b. Massing strategy list
i. Vary height by a minimum of 3 feet
ii. Increase number of stories
iii. Set back upper floors by a minimum 15 feet
iv. Set the entire facade back a minimum of 10 feet for twenty feet v. Increase story height
vi. Incorporate tower element
c. Architectural strategy list
i. Use different facade materials and/or colors
ii. Window treatment and design. Use different window types, configurations, and/or frame colors iii. Diversify facade elements (balconies, trellises, chimneys, awnings) as per Section 2.3 Architectural Façade Elements.
iv. Vary the building entry element type or design of stoops, porches, dooryards, and other elements identified in Section 2.4 Entry Elements.
v. Massing increments that have distinct facades, shall appear as distinct buildings vi. A massing increment design can be repeated twice on the same project elevation, with a distinct separation between repeated increments.

Façade composition

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

Fenestration Design

1. Façade fenestration standards
a. Minimum Fenestration Facade designs must meet a minimum fenestration percentage, calculated as the total window and door area divided by the total area of that part of the facade:
i. Ground Floor: 30% minimum
(a) Ground floor windowsills on facades along the front lot line that face public streets shall be no higher than 3 feet above the adjacent grade.
(b) Ground floor bathroom windows are prohibited on facades that face the front lot line ii. Upper floors: 15% minimum
C. House-form massing and façade design
House-form massing and façade Design standards for projects with densities below 25 du/ac that include buildings with 5 or fewer units.

1. Element standards
a. Building Façade length along font lot line – 60 feet max. b. Massing Increment - 60 feet max.
c. Building Façade length alongside lot line - 60 feet max. d. Space between buildings – 15 feet max.

2. Massing and façade composition standards
a. Massing increments A massing increment shall include the whole length of a single building façade, up to 60 feet in length. Only 1 massing increment per building façade shall be included. b. Length of buildings Buildings along front and side lot lines that face public streets shall be no longer than 60 feet. c. Space between buildings Buildings along front and side lot lines shall be separated by a minimum 15 feet.

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

Fenestration Design

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

2.2.3 Material and Detailing
Building Materials

1. Prohibited materials
a. Fiberglass or plastic (false) architectural or facade elements or ornamentations are prohibited b. Rough-cast and sand-finishes are prohibited on all building surfaces that are visible from a street c. Reflective materials, such as mirrored glass, shiny metal, and chrome

2. Combining materials When combining 2 or more wall materials on 1 facade:
a. Place lighter weight materials above more substantial ones (e.g., glass above wood, wood above stucco, stucco A -14
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above masonry).
b. Vertical joints between different materials shall only occur at inside corners.

Windows and Doors

1. Materials and types
a. Window recess Windows shall be recessed specific to each building's architectural style listed in Chapter 4:

Architectural styles but shall be no less than 2 inches for any style. b. Window Material
i. Vinyl or vinyl clad windows shall resemble wood windows (i.e., faux wood or engineered wood) in detailing and profile thickness and employ muted patterns and colors consistent with the building's architectural style. c. Trim
i. Window and door trim materials Wood or cement fiber board is permitted ii. Building trim materials Wood, stone, cast stone, pre-cast concrete, glass fiber, reinforced concrete, and cement fiber board.

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2.3. Architectural façade elements

2.3.1 Awning

1. Element standards
a. Depth
Minimum - Not applicable
Maximum - 3 feet
b. Clearance above ground
Minimum - 8 feet
Maximum - Not applicable
c. Length
Refer to Design Standards

2. Design standards
a. Encroachment Residential Awnings may encroach into the setback or public right- of- way as defined in Division

6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code. b. Material Residential Awnings shall be of a simple shed form and made of code- compliant fire-resistant material. c. Upper floors Each individual awning shall cover no more than 1 window opening.

2.3.2 Projecting Room

1. Element standards
a. Depth
Minimum - Not applicable
Maximum - 2 feet
b. Width
Minimum - Not applicable
Maximum - 20 feet
c. Height
i. 2-story building: 1 story max
ii. 3 story building: 1 story max
iii. 4 story+ building: 2 stories max
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2. Design standards
a. Encroachment Projecting rooms may encroach into the setback or public right-of- way as defined in Division

6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code. b. Support
i. Building projecting rooms shall have visible supports (e.g., beams, braces, or brackets) ii. Building projecting rooms shall be set back 10 feet from an adjacent property line c. Space between projecting rooms. Space between Projecting Rooms shall be 20 feet within the same building plane.

2.3.3 Bay Window

1. Element standards
a. Height
Minimum - Not applicable
Maximum - 10 feet
b. Width
Minimum - Not applicable
Maximum - 10 feet

2. Design standards
a. Encroachment Bay windows may encroach into the setback or public right- of- way as defined in Division

6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code. b. Dimensions Bay windows shall be a maximum of 10 feet wide and shall have a height that is equal to or greater than their width.
c. Depth The depth of Bay Windows shall be a minimum of 3 feet d. Façade placement Bay windows shall be placed a minimum of 2 feet from any building corner and a minimum of 3 from any other bay window.
e. Fenestration Bay windows shall consist of a minimum 75% transparent fenestration

2.3.4 Balcony

1. Element standards
a. Height
Minimum – Not applicable.

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Maximum - Refer to Design Standards
b. Width
Minimum - Not applicable
Maximum - Not applicable
c. Depth
Minimum - Not applicable
Maximum - Refer to Design Standards

2. Design standards
a. Encroachment Balconies may encroach into the setback or public right- of- way as defined in Division 6.01.010(D)(2):

Encroachments into Required Setback Areas of the Ontario Development Code. b. Façade Projection or recession Balconies may project from the facade, be recessed into the facade, or use a combination of both.
c. Required Private Open Space Balconies meeting private open space standards shall have minimum dimensions of 7 feet by 7 feet specified in 2.1.5 Open Space Standards.

2.3.5 Terrace balcony

1. Element standards
a. Height
Minimum - Not applicable
Maximum - Refer to Design Standards
b. Width
Minimum - Not applicable
Maximum - Not applicable
c. Depth
Minimum - Not applicable
Maximum - Refer to Design Standards

2. Design standards
a. Encroachment Terrace balconies may encroach into the setback or public right- of- way as defined in Division

6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code.

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b. Support
i. Terrace balconies shall be supported by continuous walls that extend all the way to the ground. ii. Terrace balconies shall not be designed as posts, columns, or pillars. c. Required private open space Terrace balconies meeting private open space standards shall have minimum dimensions of 7 feet by 7 feet specified in 2.1.5 Open Space Standards.

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2.4. Entry elements

2.4.1 Stoop

1. Element standards
a. Stoop Width
Minimum - 4 feet
Maximum - 8 feet
b. Stoop Depth (not including stairs)
Minimum - 4 feet
Maximum - 8 feet
c. Stoop Floor Depth
Minimum - 1.5 feet
Maximum - 3 feet
d. Planter/ Fence Height
Minimum - Not applicable
Maximum - 3 feet

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

3. Landscaping Landscaping shall be planted on the sides of the stoop, either at grade or in raised planters. Raised planters shall have a minimum depth of 12 inches.

2.4.2 Dooryard

1. Element standards
a. Depth, Clear
Minimum - 8 feet
Maximum - Not applicable
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b. Finish level above sidewalk
Minimum - Not applicable
Maximum - 3 feet
c. Length of Terrace
Minimum - Not applicable
Maximum - 150 feet
d. Distance between stairways
Minimum - Not applicable
Maximum - 50 feet

2. Design standards
a. Relationship to Entry Dooryards shall align directly with the unit entry(ies) they serve. b. Number of units served Stoops shall provide access to a maximum of 2-unit entries. c. Enclosure Dooryards shall be enclosed by a maximum 3-foot high, decorative walls, fences, or low hedges. d. Architectural Style Walls and/or fences shall match the building's architectural style. e. Doorway Stairway Orientation If the doorway is raised above grade, the exterior stairway for raised Dooryards shall be oriented perpendicular or parallel to the adjacent sidewalk.

2.4.3 Porch

1. Element standards
a. Porch Depth
Minimum - 8 feet
Maximum - Not applicable
b. Porch width
Minimum - 8 feet
Maximum - Not applicable
c. Porch height.

Minimum - 8 feet
Maximum - 12 feet
d. Floor height.

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Minimum - 1.5 feet
Maximum - 3 feet
e. Space between porch and front property line
Minimum - 5 feet
Maximum - Not applicable

2. Design standards
a. Number of units served Porches shall provide access to multiple ground-floor unit doors. b. Wrap-around porches Porches shall wrap around building corners.

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3.1 Site Design Standards

3.1.1 Site Design

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

3.1.2 Site Access

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

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

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

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

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

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

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

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

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

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

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

3. Shade structures Shade structures, if used, shall match the architectural style of the project buildings C. Parking court design

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

D. Parking structure design

1. Context-sensitive façade design Parking structure façades shall incorporate a minimum 2 design elements using the architectural styles identified in Chapter 4: Architectural styles and adhere to Main Street or Urban and facade design standards applied in 3 Building Types.

2. Parking structure standards
a. Any driveway providing access to a parking structure shall have a minimum width of 28 feet. Single openings shall be no wider than 14 feet.
b. Parked vehicles shall be shielded from view from adjoining streets c. The exterior elevations of parking structuresfacing a public street shall incorporate architectural elements from the project building.

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d. Vehicular entries shall be located a minimum 50 feet from the corner of a block e. Signs as shall be consistent with Division 8: Sign Regulations of Ontario Development Code.

3.1.4 Open Space Standards
A. Common open space and public frontage

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

2. Access and visibility At-grade open space shall be accessible and visible from the adjacent ground floor B. Common open space and public frontage
Forecourt

1. Design standards
a. A forecourt may occur on any floor and may be used as an allowed method of creating façade massing increments.
b. Minimum dimensions. Forecourts shall be a minimum of 15 feet by 15 feet Side garden

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

Court

1. Design standards
a. Minimum dimensions: All courts shall be a minimum of 20 feet by 30 feet b. Enclosure
i. A court shall have building walls on a minimum 2 sides, while the third and fourth side can be defined by A -25
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architectural or landscape elements (i.e., low walls, trellises, hedges, or rows of trees). ii. A driveway located adjacent to a court shall be screened by architectural elements (e.g., low walls or trellises, hedges, or rows of trees).
c. Access
i. Courts shall be accessed from the street or walkway
ii. Units shall be allowed to take direct access through a court d. Encroachments
i. Dooryards, porches, stoops, and architectural elements may encroach into the Side Yard. ii. A ground floor encroaching element shall not encroach beyond 8 feet of the building's façade into the court. e. Common area A court shall serve as communal spaces and pedestrian access f. Amenities A court shall include a minimum 1 of the following amenities: a seating area, a fountain, a BBQ island, or an outdoor fireplace.

Passage

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

C. Private Open Space

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

D. Private Open Space Types
Private roof deck

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

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

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Backyard

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

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

Architectural façade elements as private open space

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

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

3.1.5 Landscaping

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

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

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

3.1.6 Fences and Walls

1. Fence and wall heights Walls and fences shall be designed in compliance with the applicable standards contained in A -27
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Division 6.02 (Walls, Fences, and Obstructions) of the Ontario Development Code.

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3.2 Mixed Use Development Standards
Table 3.01 Mixed Use Development Standards per Building Type (see Section 3.2.2 Building Types) A. Building Development Standards

1. Minimum Setback from Public Street Property Lines: (refer to Note 2 & 8 – Table 3.01). a. Arterial.

Main Street – 0 Feet
Urban - 0 Feet
b. Collector.

Main Street – 0 Feet
Urban - 5 Feet
c. Local.

Main Street – 5 Feet
Urban - 5 Feet

2. Maximum Setback from Public Street Property Lines: (refer to Note 2 & 8 – Table 3.01). a. Arterial.

Main Street – 5 Feet
Urban - 5 Feet
b. Collector.

Main Street – 10 Feet
Urban - 10 Feet
c. Local.

Main Street – 10 Feet
Urban - 10 Feet

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

4. Minimum Setback from Public Alley Property Lines – 5 feet

5. Minimum Setback from Private Drives/Alleyways (from edge of drive aisle):
a. Living Area – 10 feet
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b. Garages and other non-habitable structures –5 feet

6. Minimum Setback from Dwellings to Parking Spaces:
a. Living Area – 10 feet
b. Garages and other non-habitable structures –5 feet

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

8. Minimum Separation Between Detached Buildings:
a. Dwelling Front to Front- < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types. (refer to Note 5 – Table 2.01) b. Dwelling Front to Rear- < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types. (refer to Note 5 – Table 2.01). c. Dwelling Front to Side - < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3Building Types. (refer to Note 5 – Table 2.01). d. Dwelling Side to Side - < 2-Stories: 10 FT; > 3 Stories: 15 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types. (refer to Note 5 – Table 2.01). e. Dwelling Side to Rear - 15 FT; unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types. (refer to Note 5 – Table 2.01). f. Dwelling Rear to Rear- 20 FT unless otherwise specified by massing requirements ("Space between buildings") in Section 3.2.3 Building Types. (refer to Note 5 – Table 2.01). g. Garage to Garage (or other nonhabitable structures). 30 FT – Entry to Entry
30 FT – Entry to Side
10 FT – Side to Side
10 FT – Side to Rear

9. Minimum Storage Space – 240 CF (refer to Note 4 – Table 3.01).

10. Maximum Street Façade Height (refer to Note 8 – Table 3.01). a. Arterial
Main Street – 45 feet
Urban – N/a
b. Collector
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c. Local
Main Street – N/a
Urban – N/a

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

12. Minimum Floor to Floor Height
a. Ground Floor
Non-residential – 15 feet
Residential – 10 feet
b. Upper and Sub Levels – 9 feet

13. Minimum Setback from Major Pipelines – 50 feet (to habitable structures) (refer to Note 6 – Table 3.01)

3.2.1 Height Standards

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

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

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

3.2.3 Building Types
Identify the suitable building type based on location, including:

1. "Main Street" (applicable to mixed-use areas within the District Place type as shown on Policy Plan Exhibits LU-04 and CD01).

2. "Urban" (applicable to mixed-use areas outside the District Place type). (Table 3.2-2 Mixed-Use Building Types)
TOP Land Use Place type Max Permitted Height Building Types Downtown 45 feet Main Street
Airport Metro/Entertainment 120 feet Main Street
Guasti 70 feet Main Street
South Euclid 70 feet Main Street
South Employment 70 feet Main Street
East Holt Blvd 70 feet Urban
Inland Empire Blvd 70 feet Urban
Infill 50 feet Urban
South of Riverside Drive 50 feet Urban
A. Main Street Massing and Façade Design
Massing increments

1. Element standards
a. Building Façade along font lot line (300 feet max)
b. Building Façade alongside lot line (150 feet max)
c. Space between buildings (0 feet min)
d. Massing Increment (75 feet max)
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e. Height Difference between Massing Increments (3 feet min) f. Façade Break (10 feet x 10 feet min)
g. Upper-Level Setback (15 feet min)

2. Massing standards
a. Size of massing increments Building facades that face public streets and are longer than 75 feet in length shall be divided into massing increments as follows:
i. The maximum length of a single massing increment shall not exceed 75 feet. ii. Single building projects less than 150 linear feet of street frontage shall have no massing increments applied. iii. Single building projects between 150 and 250 linear feet of street frontage shall have at minimum 2 massing increments separated by a façade break.
iv. Single project buildings that have more than 250 linear feet of street frontage shall have 3 massing increments each separated by a façade break.
b. Required difference in facade height. Adjacent massing increments must vary in façade height measured from the sidewalk to the eave, cornice, or parapet, using a minimum 1 massing strategy:
i. Vary number of stories
ii. Vary the parapet height by a minimum of 3 feet
iii. Incorporate tower element
iv. Set back upper floor(s) a minimum 15 feet
c. Articulation of massing increments. Individual massing increments shall be differentiated from one another using 3 of the following architectural strategies:
i. Set façade increment back Set the entire facade increment back a minimum of 3 feet. ii. Base height Vary the height of the building base of adjacent increments. iii. Façade colors Use different facade materials and/or colors. iv. Window type/configuration. Use different window types, configurations, and/or frame colors. v. Presence/arrangement of façade elements Vary the presence or arrangement of façade elements such as projecting balconies, recessed balconies, trellises, chimneys, and awnings. d. Self-contained massing increments Facade elements, such as window openings and balconies, shall not overlap the division between massing increments.
e. Repeating massing increment design A massing increment design may be repeated a maximum of 3 times on A -34
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the same project elevation. Repeated massing increments may not be located immediately adjacent to each other.

Façade Composition

1. Facade composition standards
a. Facade Grid The window, door, and/or shopfront openings of each individual facade shall be organized into a grid as follows:
i. Horizontal alignment of elements Rooflines, openings, and materials within each facade shall be aligned horizontally.
ii. Vertical Bays The entirety of a building's façade shall be clearly divided into vertical bays. b. Multi-story building façades Multi-story building facades shall be designed to include a base, middle, and top. i. Base Building base of entire ground floor for buildings less than 5 stories or 25 feet for buildings 5 stories or more, shall use a minimum of 2 of the following strategies:
(a) Provide a string course at the top of the first story; (b) Specify base materials different from rest of facade; (c) Specify base colors different from rest of facade;
(d) Provide a ground floor Arcade or Gallery per (Section 3.2 Architectural Façade Elements). ii. Middle The middle of the building—the facade of all floors located above the base—shall be designed as follows:
(a) Window and door openings shall be organized in bays per the façade fenestration standards of this section.
(b) If provided, attached façade elements such as balconies, bay windows, and projecting rooms, shall be designed per the façade fenestration standards of this section. iii. Top The façade elements that define the upper limits of the building—shall be designed as follows:
(a) The top of the building facade shall incorporate capping elements, such as a cornice, enhanced ornamentation, or a decorative parapet.

Fenestration Design

1. Façade fenestration standards
a. Minimum Fenestration. Facade designs shall include a minimum percentage of fenestration calculated as the total percentage of window and door area divided by the total area of that portion of the façade:
i. Ground Floor: 70% minimum
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ii. Upper Floors: 15% minimum

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

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

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B. Urban massing and façade design

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

Massing increments

1. Massing Standards
a. Building Façade along font lot line (400 feet max)
b. Massing Increment (150 feet max)
c. Space between buildings (0 feet min)
d. Façade Setback (if elected) (10 feet x 10 feet minimum) e. Building base height (15 feet min)
f. Building façade alongside lot line (200 feet max).
g. Height difference between massing Increments (3 feet min) h. Upper-level setback from façade (15 feet min)

2. Size of massing increments Building facades along front and side lot lines that face public streets and are longer than 100 feet shall be divided into massing increments as follows:
a. The maximum length of a single massing increment shall not exceed 150 feet b. A minimum of 2 distinct massing increments shall be provided

3. Articulation of massing increments Individual massing increments shall be differentiated from one another using a minimum 1 of the following massing strategies:
a. Vary parapet height by a minimum of 3 feet
b. Increase number of stories
c. Set back upper floor. Set the upper floor or multiple upper floors back a minimum of 15 feet from the facade d. Set the entire facade back a minimum of 10 feet for 20 feet e. Incorporate tower element

4. Massing increments with distinct facades Massing increments that have distinct facades and shall appear as distinct buildings.
a. Repeating massing increment design A massing increment design may be repeated on the same project A -37
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elevation. Repeated massing increments shall be separated by a distinct massing increment.

Façade Composition

1. Façade Composition Standards.

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

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

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

3.2.4 Material and Detailing
A. Building Materials

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

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

B. Windows and Doors

1. Material and types
a. Window recess Windows shall be recessed in a manner that is specific to each building's architectural style but shall be no less than 2 inches for any style.
b. Architectural style of detailing Windows, doors, frames, colors, and styles shall be appropriate to the building's architectural style in terms of window type, proportion, and color. c. Materials Windows and doors shall be made of wood, fiberglass, fiberglass-clad wood, aluminum clad wood, or metal.
d. Glazing Glazing shall be clear glass with no more than ten percent daylight reduction (tinting). Reflective (mirrored) glazing is prohibited.
e. Residential buildings The following are applicable to multiple-family development types. i. Vinyl or vinyl clad windows shall resemble wood windows (i.e., faux wood or engineered wood) in detailing A -39
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and profile thickness and employ muted patterns and colors consistent with the building's architectural style. ii. Nail-on windows that are deeply set within their frame are permitted. iii. Muntins shall be of a substantial dimension (e.g., not flat) and shall be placed on the exterior of windows. i. Trim:
(a) Window and door trim materials Wood or cement fiber board. Foam trim around windows is allowed.

Foam trim around doors is prohibited.
(b) Building trim materials Wood, stone, cast stone, pre-cast concrete, glass fiber reinforced concrete, and cement fiber board.

3.3. Architectural Façade Elements

3.3.1 Arcade

1. Element standards
a. Depth
Minimum - 12 Feet
Maximum - 16 Feet
b. Distance from property line - 0 Feet
c. Open height, clear – refer to Design standards below d. Overall height - refer to Design standards below

2. Design standards
a. Projection depth The arcade projection depth from the ground floor facade shall be no greater than the height of the arcade opening.
b. Sidewalk depth beneath arcade The covered sidewalk under the arcade shall be a minimum of 10 feet wide from the inside of the vertical support to the ground floor building face. c. Entry element requirement Arcades shall be combined with Shopfronts (defined in Section 3.4 Entry Elements). d. Minimum openings and massing increments Arcades shall be a minimum of 3 openings wide. The location where an arcade stops or changes in design or dimensions shall correspond to a change in massing increment (Section 3.2.3. Massing and Façade Design) for massing increment requirements. e. Vertical supports Vertical supports may be piers, columns, or arches. The width of a vertical support shall not exceed 3 feet.
f. Width of openings The openings between vertical supports, as seen from the street, shall be taller than they are wide.

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

3.3.2 Gallery

1. Element standards
a. Depth, clear
Minimum - 10 Feet
Maximum - 16 Feet
b. Distance from property line, clear
Minimum - 0 Feet
Maximum - 5 Feet
c. Overall Height, clear
Minimum - 12 Feet
Maximum - 2 Floors
d. Overall height - refer to Design standards below

2. Design standards
a. Projection depth Gallery projection depth from the ground floor facade shall be no greater than the height of the gallery opening.
b. Sidewalk depth beneath gallery Covered sidewalk width under the gallery must be a minimum of 10 feet from the inside of the vertical support to the ground floor building face. c. Minimum openings and massing increments Galleries shall be a minimum of 3 openings wide. The location where a gallery stops or changes in design or dimensions shall correspond to a change in massing increment (see Section 3.2.3. Massing and Façade Design).
d. Vertical supports Vertical supports may be piers or columns. The width of a vertical support shall not exceed 1 A -41
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foot.
e. Width of openings Openings between vertical supports, as seen from the street, shall be taller than they are wide. f. Shape and cadence of openings Openings may be rectangular but shall not be arched. g. Vertical clearance Minimum vertical clearance at each opening shall be a minimum of 12 feet, excluding decorative brackets and spandrels.
h. Gallery height relative to interior building floor height Height of the soffit inside the gallery shall be no less than the height of the ceiling of the floor to which it corresponds. i. Vertical alignment Galleries may be single or double-story and shall correlate with building floors . j. Architectural style Gallery detailing, including lighting shall utilize the architectural style of the building.

3.3.3 Commercial Awning

1. Element standards
a. Depth
Minimum – 4 Feet
Maximum - Not applicable
b. Clearance above sidewalk
Minimum – 8 Feet
Maximum – Not applicable
c. Length
Minimum - refer to Design standards below
Maximum - refer to Design standards below

2. Design standards
a. Encroachment Commercial awnings may encroach into the setback or public right-of- way as defined in Division

6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code. b. Material Commercial awnings shall be of a simple shed form, made of code- compliant fire-resistant canvas. c. Width Awning widths shall equal in size to shopfront opening widths. d. Prohibited lighting Internally illuminated and back-lit awnings and any associated light diffusers are prohibited.

3.3.4 Commercial canopy

1. Element standards
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a. Depth
Minimum – Not applicable
Maximum - 3 Feet
b. Minimum clearance above ground
Minimum – Not applicable
Maximum – 12 Feet
c. Length of terrace
Minimum - Not applicable
Maximum – 150 Feet

2. Design standards
a. Encroachment Commercial canopies may encroach into the setback or public right-of- way as defined in Division

6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code. b. Form and material Canopies shall be of a simple form, made of metal and/or glass. c. Support. Canopies shall be supported either from below by metal brackets, or from above by rods and wires that affix to the wall.
d. Width Canopies may extend across multiple storefronts.

3.3.5 Awning

1. Element standards
a. Depth
Minimum – Not Applicable
Maximum - 3 Feet
b. Clearance above ground
Minimum – 8 Feet
Maximum – Not Applicable
c. Length
Minimum - refer to Design standards below
Maximum - refer to Design standards below

2. Design standards
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a. Encroachment Residential awnings may encroach into the setback or public right- of- way as defined in Division

6.01.010(D)(2): Encroachments into Required Setback Areas of the Ontario Development Code. b. Material Residential awnings shall be of a simple shed form, made of code- compliant fire-resistant. c. Upper floors Each individual awning shall cover no more than 1 window opening.

3.3.6 Canopy

1. Element standards
a. Depth
Minimum – Not Applicable
Maximum - 3 Feet
b. Minimum clearance from landing
Minimum – 7 Feet
Maximum – 8 Feet
c. Length of terrace
Minimum - Not Applicable
Maximum - 8 Feet

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

3.4. Entry Elements

3.4.1 Shopfront

1. Element standards
a. Height to top of transom
Minimum – 12 Feet
Maximum - 16 Feet
b. Height to bottom of canopy/awning
Minimum – 8 Feet
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Maximum – 10 Feet
c. Width of each shopfront bay
Minimum - 10 Feet
Maximum - 25 Feet
d. Height of shopfront base
Minimum - 1 Foot
Maximum - 3 Feet
e. Awning/Canopy Depth
Minimum - 4 Feet
Maximum - Not Applicable

2. Design standards
a. Vertical bays Shopfront openings must align into bays, following the vertical bay specifications in Section 3.2.3.

Massing and Façade Design of main street standards.
b. Architectural façade elements
i. Shopfronts in vertical mixed-use buildings may integrate with Galleries or Arcades. ii. Visibility Windowsills in non-entry bays shall not exceed 2 feet above grade. c. Setback use and design Recessed shopfronts without dooryard, terrace, or porch designs shall extend to the property line.

3.4.2 Lobby Entry

1. Element standards
a. Height to top of transom
Minimum – 10 Feet
Maximum - 20 Feet
b. Height to bottom of canopy/awning
Minimum – 8 Feet
Maximum – Not Applicable
c. Distance to property line
Minimum - Not Applicable
Maximum - 20 Feet
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d. Awning/Canopy Depth
Minimum - 4 Feet
Maximum - Not Applicable

2. Design standards
a. Lobby entries shall be visible and distinguishable from adjacent ground floor units and include a minimum of 1 of the following design strategies:
i. Center placement for symmetry
ii. Prominent corner location
iii. Incorporate 2 architectural elements (columns, overhanging roofs, canopies, awnings, or ornamental light fixtures)
iv. Recessed entry
v. Entry framing
b. Main Street massing types
i. Lobby entries shall not exceed 20% of the frontage length ii. Allocate the remaining length to shopfronts
c. Visibility Lobbies entries shall be visible from the public right of way as follows:
i. Windowsills shall be no higher than 2 feet above adjacent grade ii. Internal shade devices such as blinds, shades, or curtains are prohibited d. Forecourt may be introduced to provide a transition between the entry and sidewalk (forecourt standards are discussed in Section 3.1.5 Open Space Standards).

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4.1 Mission – Spanish Colonial Revival

4.1.1 Form and Massing

1. Façade design (Apply all)
a. Asymmetrical façade/elevations
b. Three or more roof planes.
c. A minimum of 50 percent of the units shall have balconies or window treatments (such as shutters or awnings) d. Entrances are recessed a minimum 12 inches
e. Additional details for projects over 4 stories, vertical mixed use, or with more than 15 buildings (requires 2 details):
i. Include 2 add-on projections such as verandas, arcades, balconies, and exterior stairs ii. The ends of building massing's shall be stepped down iii. One focal point, such as courtyard, tower, or fountain iv. Apply wingwalls or columns on the ground level

4.1.2 Roof

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

4.1.3 Materials and Color

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

4.1.4 Doors and Windows

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

4.1.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following, and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following
i. Entry/front porch or patio
ii. Decorative tiles
iii. Clay tile vents
iv. Wrought-iron balcony railings or support brackets
v. Dark-metal light fixture and hardwires
vi. Paired wood (or wood simulated) garage doors with iron hardware vii. Verandas, pergolas, or arcades
viii. Exterior stairs
ix. Awnings with metal spear supports
A -48
895
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.2 Craftsman

4.2.1 Form and Massing

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

4.2.2 Roof

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

4.2.3 Materials and Color

1. Materials and colors (Apply all)
a. Brick or stone shall be used in the base
b. Primary wall materials shall include dark-color wood shingles, clapboard siding, or fiber cement siding and natural materials such as stone or brick
c. Use of earth-toned color palette, such as browns and greens d. The front lot line façade shall have a minimum 3 paint colors: 1 for the cladding ,1 for trim, and 1 for accents such as windows and decorative details.

4.2.4 Doors and Windows

1. Door and windows (Apply all)
a. A minimum of 50 percent of the windows shall be casement windows b. A minimum of 80 percent of the primary windows shall be multi-paned c. A minimum of 2 types/shapes of windows shall be used d. Utilize flat wood trims (typically 4½ inches or 5½ inches wide) around the primary windows and entry doors A -49
896
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.2 Craftsman
e. Window and door trim color shall be different with the color of the walls f. Entry doors and garage doors shall have 1 row of vertical or horizontal glass panels

4.2.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following, and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Stone pier and battered wood support
ii. Exposed rafter tails and knee-brace brackets
iii. Dormers on the front façade
iv. Second-story balcony
v. Decorative attic/gable vent
vi. Light fixtures shall be box-shaped, with metal frame and geometric pattern vii. Chimneys are visible at the exterior and arranged on a side elevation viii. Stained-glass or transom windows
ix. Covered front porches shall tapered pillars
x. Ground-level windows shall have muntins
A -50
897
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.3 American mercantile

4.3.1 Form and Massing

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

4.3.2 Roof

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

4.3.3 Materials and Color

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

4.3.4 Doors and Windows

1. Door and windows (Apply all)
a. Ground-floor windows and doors shall be large and expansive with a transom. b. Upper-floor windows shall be double-hung vertically and grouped with a rhythm consistent with the major storefront openings below.

A -51
898
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A
c. Entrance shall have higher bays, recessed entries by a minimum of 3 feet, or different color/materials d. Upper-floor windows shall have window lintel and sill e. Transom windows above the doors and windows on the ground level f. Fifty percent of windows shall have muntins
g. Upper floor windows shall have a minimum 2-inch recess

4.3.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following, and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Awnings, canopies, and second-floor balconies
ii. Pedimented windows
iii. Wide window trim with a keystone
iv. Double-bracketed cornice
v. Gable roof
vi. Roof finial
vii. Transom above door and windows on the ground level viii. Metal balcony railing
ix. Canopy or awning
x. Recessed entries
xi. Cast-iron columns
xii. Shopfront millwork
A -52
899
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.4 Tuscan

4.4.1 Form and Massing

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

4.4.2 Roof

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

4.4.3 Materials and Color

1. Materials and colors (Apply all)
a. Incorporate rough-hewn stone as accent feature
b. Flat stucco walls in light earth tones
c. Use of earth-toned color palette
d. Brown or beige window frames

4.4.4 Doors and Windows

1. Door and windows (Apply all)
a. Single- or double-hung windows shall be more horizontal in proportion, with six-over- six muntin patterns and 5½-inchwide trim b. Casement windows shall be paired with four-pane patterns for smaller windows and eight-pane patterns for larger windows
c. Vertically oriented rectangular or arched windows arranged in asymmetrical patterns d. Casement or double-hung sash with flat or arched lintels e. Windows shall be recessed 3 to 12 inches
A -53
900
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.4.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following, and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Juliet balconies
ii. Rafter extensions and brackets
iii. Stone or stucco window/door trim
iv. Rectangular or arched wooden door
v. Arcade or porch at entry
vi. Decorative ironwork (window grilles, railings, light fixtures, decorative planters) vii. Arched windows
viii. Paired decorative wood shutters. Shutters shall be equal to half the width of the window. Shutter styles shall be paneled or louvered
ix. Use of brick, stone, or wood columns
x. Stucco or stone chimneys
xi. Different-color wood trellis
xii. Arched openings and doorways at the ground level
A -54
901
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.5 Modern

4.5.1 Form and Massing

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

4.5.2 Roof

1. Roof design (Apply all)
a. Flat or low-pitched roofs (4:12 slope max)

4.5.3 Materials and Color

1. Materials and colors (Apply all)
a. Use of raw and natural materials including wood, concrete, metal, and glass b. Traditional materials (such as smooth stucco (20/30), wood, brick, and stone) shall be used as an accent material c. Minimum 2 materials on the building facade
d. Use of color blocking for geometric forms and break up massing elements e. Building facade shall incorporate a minimum of 2 of the following as an accent:
i. Awnings
ii. Popouts, trellis
iii. Arbor structures
iv. Balconies

4.5.4 Doors and Windows

1. Door and windows (Apply all)
a. Large glass doors and/or window openings
b. Window wrapping around a corner of the building
c. Narrow aluminum window frames
A -55
902
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.5.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following, and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Metal balcony railings
ii. Clerestory windows
iii. Floor-to-ceiling glass door
iv. Floor-to-ceiling glass windows on the ground level
v. Roof decks
vi. Trellis shade structures
vii. Metal awning
viii. Roof overhang with exposed wood or steel frame
A -56
903
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.6 Farmhouse

4.6.1 Form and Massing

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

4.6.2 Roof

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

4.6.3 Materials and Color

1. Materials and colors (Apply all)
a. Use metal, wood, or masonry
b. Utilize board-and-batten siding, corrugated panels
c. Monochrome accents of doors, windows, or architectural features d. Stucco is permitted as an accent material
A -57
904
Residential Objective Development & Design Standards
ODDS – Chapter 4
Architectural Styles Applicant City
Done N/A Done N/A

4.6.4 Doors and Windows

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

4.6.5 Decorative Details

1. Decorative details
a. All residential projects shall provide a minimum of 4 of the following, and b. Residential projects 4 stories and taller, mixed-use projects, or projects with more than 15 buildings shall provide a minimum of 6 of the following:
i. Wide front porch with simple columns
ii. Covered patio
iii. Shed or gabled dormers
iv. Carriage-style garage doors
v. Dark shutters and window sashe
vi. Gable brackets, vents, and trim
vii. Iron-inspired barn-style lighting
viii. Metal awnings without sides
ix. Gooseneck light fixtures at the entrance
x. Large doors and windows to maximize natural light
xi. Multi-paned windows on the ground-level windows and doors A -58
905
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: 18
SUBJECT: A PUBLIC HEARING TO CONSIDER AN ORDINANCE APPROVING A DEVELOPMENT CODE AMENDMENT, FILE NO. PDCA24-004, REGARDING ACCESSORY DWELLING

UNITS AND JUNIOR ACCESSORY DWELLING UNITS

CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:

PUBLIC HEARINGS
RECOMMENDATION:

That the City Council open the public hearing, receive public testimony, close the public hearing, and by motion:

A. Find that the adoption of the proposed Ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17; and
B. Consider and adopt an Ordinance upholding the recommendation of the Planning Commission approving the Development Code Amendment (File No. PDCA24-004), pursuant to the facts and reasons contained in the staff report and Ordinance.

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 associated with this action.

BACKGROUND & ANALYSIS: On February 18, 2025, the City Council adopted an Urgency Ordinance revising and clarifying certain provisions of Chapter 5.0 (Zoning and Land Use) of the Development Code regarding Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to comply with recent changes in State Law imposed by Assembly Bill 2533 (AB 2533) and Senate Bill 1211 (SB 1211). On February 25, 2025, the Planning Commission adopted a Resolution recommending the City Council adopt an Ordinance revising and clarifying those same provisions of Chapter 5.0 (Zoning and Land Use) of the Development Code regarding ADUs and JADUs to 906
comply with recent changes in State Law imposed by AB 2533 and SB 1211. The proposed 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”). Both AB 2533 and SB 1211 took effect January 1, 2025. To remain valid, the City’s ADU Ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed Ordinance ensures that the City’s ADU Ordinance will be valid under AB 2533 and SB 1211.

PROJECT ANALYSIS: In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the Government Code to 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.

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 buildingpermit 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. 907
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)).

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 Ordinance is statutorily exempt from CEQA in that it implements state ADU law. 908
Case Planner: Tom Grahn, Senior Planner Hearing Body Date Decision Action Planning Director
Approval:

PC 2/25/2025 Recommends
CC 1st reading 3/18/2025 Introduction
Submittal Date: N/A CC 2nd reading 4/1/2025 Final Action FILE NO.: PDCA24-004
SUBJECT: A public hearing to consider Development Code Amendment revising and clarifying certain provisions of Chapter 5.0 (Zoning and Land Use) of the Development Code regarding Accessory Dwelling Units and Junior Accessory Dwelling Units to comply with recent changes in State Law; and Finding the Action to be Statutorily Exempt from CEQA under Section 21080.17 of the Public Resources Code. City Initiated. City Council action is required.

RECOMMENDED ACTION: That the Planning Commission open the public hearing, receive public testimony, close the public hearing, and by motion:
(1) Find that the adoption of the proposed ordinance is statutorily exempt from review under the California Environmental Quality Act (“CEQA”) under Public Resources Code section 21080.17; and
(2) Consider and adopt a Resolution recommending the City Council approve the Development Code Amendment (File No. PDCA24-004), pursuant to the facts and reasons contained in the staff report and Resolution.

PROJECT SETTING: The proposed Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south. The City of Ontario is substantially built-out with a mix of residential, commercial, industrial, agricultural, airport, recreational, and institutional/public land uses. According to the latest US Census forecast, the City of Ontario’s 2022 estimated population is 179,516 persons and in terms of population, is ranked the 26th largest city in the State and the 146th largest in the nation. Ontario’s population has increased by 3.46 percent since the most recent census, which recorded a population of 175,265 in 2020.

BACKGROUND: On February 18, 2025, the City Council adopted an Urgency Ordinance revising and clarifying certain provisions of Chapter 5.0 (Zoning and Land Use) of the Development Code regarding Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) to comply with recent changes in State Law imposed by Assembly Bill 2533 (AB 2533) and Senate Bill 1211 (SB 1211). Both AB 2533 and SB 1211 took effect 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]

PLANNING COMMISSION

AGENDA REPORT
February 25, 2025
909
Planning Commission Agenda Report
File No.: PDCA24-004
February 25, 2025

January 1, 2025. To remain valid, the City’s ADU Ordinance must comply with requirements imposed by AB 2533 and SB 1211. Adopting the proposed Resolution ensures that the City’s ADU Ordinance will be valid under AB 2533 and SB 1211.

PROJECT ANALYSIS:

In recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amended various sections of the Government Code to 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.

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, 910
Planning Commission Agenda Report
File No.: PDCA24-004
February 25, 2025

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).) PUBLIC NOTIFICATION: The number of owners to whom a public hearing notice would be mailed or delivered is greater than 1,000; therefore, pursuant to Development Code Section 2.03.010.C.2 and Government Code Section 65091(a)(4), in lieu of mailed or delivered notice, a display advertisement of at least 1/8 page was placed in a newspaper of general circulation in the City of Ontario (Inland Valley Daily Bulletin).

Public hearing notification was published a minimum of 10 days in advance of the public hearing.

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

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) Ontario International Airport Land Use Compatibility Plan (“ONT ALUCP”) — On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the projects, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including 911
Planning Commission Agenda Report
File No.: PDCA24-004
February 25, 2025

[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, Planning Commission has concluded that the proposed Development Code Amendment and Zone Change are consistent with the policies and criteria set forth within the ONT ALUCP.
(2) Chino Airport Land Use Compatibility Plan (“CNO ALUCP”) — 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. 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 proposed Development Code Amendment may affect certain land development criteria on certain properties located within the Airport Influence Area of Chino Airport, which have been evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As a result, the Planning Commission has concluded that the proposed Development Code Amendment and Zone Change are consistent with the policies and criteria set forth within the CNO ALUCP.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan (“TOP”). More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:
(1) City Council Goals.
 Invest in the Growth and Evolution of the City’s Economy  Operate in a Businesslike Manner
(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) Governance.
912
Planning Commission Agenda Report
File No.: PDCA24-004
February 25, 2025

Decision Making:
 Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices.  G 1-2. Long-term Benefit. We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision. (4) Policy Plan (General Plan).

Land Use Element:
 Goal LU-1 Balance: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.
 LU-1.6 Complete Community. We incorporate a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, employers, workers, and visitors have a wide spectrum of choices of where they can live, work, shop and recreate within Ontario.

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.
 Goal H-5 Special Needs: A full range of housing types and community services that meet the special housing needs for all individuals and families in Ontario, regardless of income level, age, or other status.
 H-5.2 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.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the project furthers the purposes, principals, goals, and policies of the Housing Element.

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 913
Planning Commission Agenda Report
File No.: PDCA24-004
February 25, 2025

the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law and which also regulates JADUs, as defined by section 66313. Therefore, the adoption of the proposed Ordinance is statutorily exempt from CEQA in that it implements state ADU law.
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RESOLUTION NO. PC25-015

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE 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 IN THE CITY, AND FINDING THE

ACTION TO BE STATUTORILY EXEMPT FROM CEQA UNDER PUBLIC
RESOURCES CODE § 21080.17, AND MAKING FINDINGS IN SUPPORT THEREOF.

WHEREAS, THE CITY OF ONTARIO (“Applicant”) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA24-004, as described title of this Resolution (hereinafter referred to as “Application” or “Project”); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario’s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, the Planning and Zoning 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, a number of 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
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Planning Commission Resolution
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WHEREAS, AB 2533 and SB 1211 took effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; 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, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make recommendation to the City Council on the subject Application; and WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on February 25, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1: Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the Planning Commission.

SECTION 2: Environmental Determination and Findings. The Planning Commission recommends that the City Council find that, 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 proposed Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

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 Planning Commission finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.
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Planning Commission Resolution
File No. PDCA24-004
February 25, 2025

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 Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the Planning Commission, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (“CNO”) Overlay Zoning District (“OZD”) and Reference I, Chino Airport Land Use Compatibility Plan (“CNO ALUCP”). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the recommending body for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the Planning Commission, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above-referenced hearing, 917
Planning Commission Resolution
File No. PDCA24-004
February 25, 2025

and upon the specific findings set forth in Sections 1 through 4, above, the Planning Commission hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (“TOP”). The Development Code Amendment will:
(a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City’s economy and focuses City resources in commercial and residential neighborhoods; and
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 6: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached hereto as “Attachment A,” and incorporated herein by this reference.

SECTION 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: Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.
- - - - - - - - - - - - - -
The Secretary Pro Tempore for the Planning Commission of the City of Ontario shall certify as to the adoption of this Resolution.
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Planning Commission Resolution
File No. PDCA24-004
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ATTACHMENT A:

File No. PDCA24-004
2025 Development Code Amendment
For ADUs and JADUs
(Document to follow this page)
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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 Article 2 of 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:
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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
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(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. 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 924
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.
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 multiplefamily dwelling that has more than one story may not exceed 18 FT in height. 925
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.

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 1 following 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 30 926
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.
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.
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Traditional Single-Family Residential Development Standards Requirements
Residential Zoning Districts
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR18, 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 singlefamily 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%)

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.
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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.
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.
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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.

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.
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.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in Subsection G.2.a, converted ADUs on a single-family lot that are created under Subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
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c. Except as described in Subsection G.2.a, all ADUs that are not covered by Subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. (1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(2) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

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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5.03.000: Purpose
The purpose of this Division is to provide operating, site planning and/or development standards for certain land uses allowed by Division 5.02 (Land Use) of this Development Code, and for activities and facilities that require special standards to mitigate their potential adverse impacts, thereby assuring a land use, activity, and/or facility of stable and desirable character, which is compatible with existing and future development and land uses in the vicinity, and protects the use and enjoyment of neighboring properties consistent with goals and policies of The Ontario Plan.

5.03.005: Applicability
A. The land uses, activities and facilities addressed by this Division shall be located in compliance with Division 5.02 (Land Use) of this Development Code.

B. The standards for specific uses, activities and facilities established by this Division shall supplement, and are required in addition to, the applicable development and subdivision regulations contained in Chapter 6.0 (Development and Subdivision Regulations) of this Development Code.

C. Each and every physical improvement required to be installed or constructed in conjunction with the establishment of a land use, activity or facility addressed by this Division, shall be completed prior to the commencement of the land use.

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 Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code Sections 65852.2 and 65852.22.

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:
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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:
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.

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

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

8.9. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
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9.10. Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

10.11. 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.

11.12. 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
(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 65852.2266333 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, 934
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(Rev. 12.03.202403.18.2025) Page 5.03-6 Ontario Development Code 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 orwith a proposed multiple-family dwelling, or up to 8 detached ADUs on a lot with and existing multiple-family dwelling, if each detached ADU satisfies bothall of the following limitations:
(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.
(2)(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. Process and Timing.
a. 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.
b. 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. c. 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 or JADU 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. 935
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Ontario Development Code Page 5.03-7 (Rev. 12.03.202403.18.2025) b. An ADU or JADU 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 multiplefamily dwelling residential use. b.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.
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 multiplefamily dwelling that has more than one story 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 Ssubsection 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,; however 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), except as otherwise provided in Government Code Section 65852.26.

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. 936
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7. Owner Occupancy.
a. An ADU created under this section on orpermitted after January 1, 2020, but before January 1, 2025, is are not subject to anthe owner-occupancy requirement that was in place when the ADU was created.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
c.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.bc does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. ''RentIncome Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 6633065852.2, 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 1 yearly anniversary of thefollowing 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 ImprovementCode Enforcement 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.
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Ontario Development Code Page 5.03-9 (Rev. 12.03.202403.18.2025) 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; nevertheless, no application of the percentbased 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.
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 Residential Zoning Districts
Requirements
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR18, 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.
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(Rev. 12.03.202403.18.2025) Page 5.03-10 Ontario Development Code a. Small Lot Traditional and Alley-Loaded Development Projects, and Cluster Single-Family Development Projects. Small lot traditional, small lot alley-loaded, and cluster singlefamily 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%)

5. Passageway. No passageway, as defined by Subsection C.89, 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.1112, 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.1011, 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.
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Ontario Development Code Page 5.03-11 (Rev. 12.03.202403.18.2025) c. No Replacement. When a garage, carport, or 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.
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.
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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.

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.
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.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are requiredADUs 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.
b. Except as described in Subsection G.2.a, converted ADUs on a single-family lot that are created under Subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in Subsection G.2.a, all ADUs that are not covered by Subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. (1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(1)(2) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

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 941
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Ontario Development Code Page 5.03-13 (Rev. 12.03.202403.18.2025) 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 20202018.
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, 20202018, 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 (Government Code Section 65852.2) 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, 20202018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structurecomply 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.

5.03.011: Accessory Residential Structures
A. Purpose. The purpose of this Section is to establish standards for the construction and use of Accessory Residential Structures (other than Accessory Dwelling Units allowed pursuant to Section 5.03.010 of this Development Code) in conjunction with existing single-family dwellings located within single-family or multiple-family zoning districts. (Note: The construction and use of Accessory Residential Structures in conjunction with existing multiple-family dwellings shall be subject to the development standards applicable to the primary multiple-family dwellings.) B. Applicability. For purposes of this Section, the herein established development standards shall apply to Accessory Residential Structures such as garages, carports, guesthouses, storage sheds, pool houses, recreation rooms, etc., which are incidental or subordinate to the primary dwelling.

C. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified:
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ORDINANCE NO. _________

AN 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 IN THE CITY, AND

FINDING THE ACTION TO BE STATUTORILY EXEMPT FROM CEQA
UNDER PUBLIC RESOURCES CODE § 21080.17, AND MAKING
FINDINGS IN SUPPORT THEREOF.

WHEREAS, THE CITY OF ONTARIO (“Applicant”) has initiated an Application for the approval of a Development Code Amendment, File No. PDCA24-004, as described title of this Ordinance (hereinafter referred to as “Application” or “Project”); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario’s vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, the Planning and Zoning 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, a number of 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
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WHEREAS, AB 2533 and SB 1211 took effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; 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, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02-1 (Review Matrix) assigns the City Council the responsibility and authority to review act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on February 25, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC25-015, recommending the City Council approve the Development Code Amendment; and
WHEREAS, on March 18, 2025, the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1: Incorporation. The recitals above are true and correct and are each incorporated by reference and adopted as findings by the City Council.

SECTION 2: Environmental Determination and Findings. The City Council finds that, 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 proposed Ordinance is statutorily exempt from CEQA in that it implements state ADU law.

SECTION 3: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as 944
the decision-making body for the Project, the City Council finds that based on the facts and information contained in the Application and supporting documentation, the project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan.

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 decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (“CNO”) Overlay Zoning District (“OZD”) and Reference I, Chino Airport Land Use Compatibility Plan (“CNO ALUCP”). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decisionmaking body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including 945
Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 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 Sections 1 through 4, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan (“TOP”). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP’s Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City’s economy and focuses City resources in commercial and residential neighborhoods; and
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

SECTION 6: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described changes that comprise the Development Code Amendment, and which are attached hereto as “Attachment A,” and incorporated herein by this reference.

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. 946
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. This Ordinance shall become effective 30 days following its adoption.

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 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 _________ 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held ___________, 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 ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

File No. PDCA24-004
2025 Development Code Amendment
For ADUs and JADUs
(Document to follow this page)
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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 Article 2 of 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:
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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
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(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. 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 952
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.
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 multiplefamily dwelling that has more than one story may not exceed 18 FT in height. 953
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.

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 1 following 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 30 954
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.
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.
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Traditional Single-Family Residential Development Standards Requirements
Residential Zoning Districts
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR18, 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 singlefamily 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%)

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.
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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.
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.
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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.

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.
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.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.
b. Except as described in Subsection G.2.a, converted ADUs on a single-family lot that are created under Subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
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c. Except as described in Subsection G.2.a, all ADUs that are not covered by Subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. (1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(2) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

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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5.03.000: Purpose
The purpose of this Division is to provide operating, site planning and/or development standards for certain land uses allowed by Division 5.02 (Land Use) of this Development Code, and for activities and facilities that require special standards to mitigate their potential adverse impacts, thereby assuring a land use, activity, and/or facility of stable and desirable character, which is compatible with existing and future development and land uses in the vicinity, and protects the use and enjoyment of neighboring properties consistent with goals and policies of The Ontario Plan.

5.03.005: Applicability
A. The land uses, activities and facilities addressed by this Division shall be located in compliance with Division 5.02 (Land Use) of this Development Code.

B. The standards for specific uses, activities and facilities established by this Division shall supplement, and are required in addition to, the applicable development and subdivision regulations contained in Chapter 6.0 (Development and Subdivision Regulations) of this Development Code.

C. Each and every physical improvement required to be installed or constructed in conjunction with the establishment of a land use, activity or facility addressed by this Division, shall be completed prior to the commencement of the land use.

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 Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code Sections 65852.2 and 65852.22.

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:
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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:
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.

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

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

8.9. Passageway. A pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.
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9.10. Proposed Dwelling. A dwelling that is the subject of a permit application and that meets the requirements for permitting.

10.11. 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.

11.12. 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
(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 65852.2266333 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, 962
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(Rev. 12.03.202403.18.2025) Page 5.03-6 Ontario Development Code 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 orwith a proposed multiple-family dwelling, or up to 8 detached ADUs on a lot with and existing multiple-family dwelling, if each detached ADU satisfies bothall of the following limitations:
(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.
(2)(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. Process and Timing.
a. 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.
b. 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. c. 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 or JADU 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. 963
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Ontario Development Code Page 5.03-7 (Rev. 12.03.202403.18.2025) b. An ADU or JADU 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 multiplefamily dwelling residential use. b.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.
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 multiplefamily dwelling that has more than one story 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 Ssubsection 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,; however 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), except as otherwise provided in Government Code Section 65852.26.

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. 964
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7. Owner Occupancy.
a. An ADU created under this section on orpermitted after January 1, 2020, but before January 1, 2025, is are not subject to anthe owner-occupancy requirement that was in place when the ADU was created.
b. Unless applicable law requires otherwise, all ADUs that are permitted on or after January 1, 2025 are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property as the person's legal domicile and permanent residence.
c.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.bc does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

8. ''RentIncome Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code Sections 65583.1 and 6633065852.2, 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 1 yearly anniversary of thefollowing 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 ImprovementCode Enforcement 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.
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Ontario Development Code Page 5.03-9 (Rev. 12.03.202403.18.2025) 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; nevertheless, no application of the percentbased 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.
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 Residential Zoning Districts
Requirements
AR-2 RE-2 RE-4 LDR-5
MDR-11, MDR18, 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.
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(Rev. 12.03.202403.18.2025) Page 5.03-10 Ontario Development Code a. Small Lot Traditional and Alley-Loaded Development Projects, and Cluster Single-Family Development Projects. Small lot traditional, small lot alley-loaded, and cluster singlefamily 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%)

5. Passageway. No passageway, as defined by Subsection C.89, 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.1112, 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.1011, 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.
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Ontario Development Code Page 5.03-11 (Rev. 12.03.202403.18.2025) c. No Replacement. When a garage, carport, or 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.
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.
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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.

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.
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.
a. If an ADU is constructed with a new single-family home, a separate utility connection directly between the ADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are requiredADUs 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.
b. Except as described in Subsection G.2.a, converted ADUs on a single-family lot that are created under Subsection D.1.a above are not required to have a new or separate utility connection directly between the ADU and the utility. Nor is a connection fee or capacity charge required.
c. Except as described in Subsection G.2.a, all ADUs that are not covered by Subsection G.2.b require a new, separate utility connection directly between the ADU and the utility for any utility that is provided by the city. All utilities that are not provided by the city are subject to the connection and fee requirements of the utility provider. (1) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system.
(1)(2) The portion of the fee or charge that is charged by the city may not exceed the reasonable cost of providing this service.

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 969
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Ontario Development Code Page 5.03-13 (Rev. 12.03.202403.18.2025) 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 20202018.
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, 20202018, 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 (Government Code Section 65852.2) 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, 20202018, if the City makes a finding that correcting a violation is necessary to protect the health and safety of the public or of occupants of the structurecomply 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.

5.03.011: Accessory Residential Structures
A. Purpose. The purpose of this Section is to establish standards for the construction and use of Accessory Residential Structures (other than Accessory Dwelling Units allowed pursuant to Section 5.03.010 of this Development Code) in conjunction with existing single-family dwellings located within single-family or multiple-family zoning districts. (Note: The construction and use of Accessory Residential Structures in conjunction with existing multiple-family dwellings shall be subject to the development standards applicable to the primary multiple-family dwellings.) B. Applicability. For purposes of this Section, the herein established development standards shall apply to Accessory Residential Structures such as garages, carports, guesthouses, storage sheds, pool houses, recreation rooms, etc., which are incidental or subordinate to the primary dwelling.

C. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified:
970
Department: Development Administration
Prepared By: Pablo De Lara
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 19
SUBJECT: A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA22-004) BETWEEN THE

CITY OF ONTARIO AND ROSEVILLE INVESTMENTS, LLC AND AMERICAN SUPERIOR LAND, LLC.

CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council introduce and waive further reading of an Ordinance Approving a Development Agreement (File No. PDA22-004) between the City of Ontario and Roseville Investments, LLC and American Superior Land, LLC.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT: There is not a direct fiscal impact associated with this action. The Development Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Rich-Haven Specific Plan (Specific Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive 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, to adequately forecast these costs and gain assurance that the Project may proceed under the existing policies, rules, and regulations, Richland Developers Inc., Roseville Investments, LLC and American Superior Land, LLC (collectively the "Applicant" or "Owner"), has requested that the City enter into negotiations to create a Development Agreement (Agreement).
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The Agreement proposes to include 106.1 gross acres of land within Planning Areas 1A, 1B, and 1C land use districts of the Rich-Haven Specific Plan, as shown on the attached Exhibit A. The Agreement grants the Applicant a vested right to develop Tentative Tract Map 20526 (the Map), provided that the Owner complies with the terms and conditions of the Specific Plan and related EIR.

The Map (see attached Exhibit B) is located at the southwest corner of Haven Avenue and Riverside Drive. It proposes to subdivide 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes.

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.

In considering the Agreement at their meeting on February 25, 2025, 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. PC25-010 with a 4 to 0 vote, recommending City Council approval of the Agreement.

ENVIRONMENTAL REVIEW: The environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. 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.
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Exhibit A:

Rich-Haven SPECIFIC PLAN LAND USE MAP (File No. PSP05-004) 973
Exhibit B:

TENTATIVE TRACT MAP NO. 20526
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, FILE NO. PDA22-004, A DEVELOPMENT AGREEMENT

BETWEEN THE CITY OF ONTARIO AND, ROSEVILLE INVESTMENTS,

LLC AND AMERICAN SUPERIOR LAND, LLC, TO ESTABLISH THE

TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT
MAP 20526 (FILE NO. PMTT22-012), LOCATED AT THE SOUTHEAST

CORNER OF HAVEN AVENUE AND RIVERSIDE DRIVE, WITHIN
PLANNING AREAS 1A, 1B, AND 1C OF THE RICH-HAVEN SPECIFIC PLAN (FILE NO. PSP05-004). (APNS: 0218-161-11, 0218-161-04, 0218- 161-05, AND 0218-161-10).

WHEREAS, Richland Developers, Inc ("Applicant") has filed an Application for the approval of a Development Agreement, File No. PDA22-004, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 106.1 gross acres of land, located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan (File No. PSP05-004); and WHEREAS, the Applicant submitted Tentative Tract Map No. 20526 (File No.

PMTT22-012), subdividing 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes; and
WHEREAS, the environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. 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 act 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
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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 February 25, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No._________ recommending the City Council approve the Application; and
WHEREAS, on March 18, 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.

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 previous Certified EIR and supporting documentation.

Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) the environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. This Application introduces no new significant environmental impacts; and (2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and (3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
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(4) The previous Certified EIR reflects the independent judgment of the City Council; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.

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

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 977
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 authority 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, is will be consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the recommending authority for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, 978
therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the Chino ALUCP.

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 106.1 gross acres of land located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan (File No.

PSP05-004); and
(2) The Development Agreement establishes parameters for the development of land within the Rich-Haven Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; 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 RichHaven Specific Plan; and (3) The Development Agreement grants the Applicant a vested right to develop Tentative Tract Map 20526 (File No. PMTT22-012) as long as the Applicant complies with the terms and conditions of the Rich-Haven Specific Plan and EIR. Tentative Tract Map 20526 is located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan, and proposes to subdivide 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes; 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; and
(7) This Development Agreement will not be materially injurious or detrimental to the adjacent properties and will not have a significant impact on the environment or the surrounding properties for which a Subsequent Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007; and
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(8) This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.

SECTION 6: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the Development Agreement (File No. PDA22-004), attached hereto as "Attachment A," and incorporated herein by this reference.

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

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

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

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 980
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 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 ________ day of _________ 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
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STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held _____________ and adopted at the regular meeting held ___________, 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 ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

FILE NO. PDA22-004

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
Roseville Investments, LLC
a Delaware limited liability company
and
American Superior Land, LLC
a Florida limited liability company
(Development Agreement to follow this page)
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1 RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
Exempt from Fees Per Gov. Code § 6103
______________________________________________________________________ Space above this line for Recorder’s Use Only
FILE NO. PDA22-004

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
Roseville Investments, LLC
a Delaware limited liability company
and
American Superior Land, LLC
a Florida limited liability company
_________________________, 2025
San Bernardino County, California
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DEVELOPMENT AGREEMENT PDA22-004
This Development Agreement (hereinafter “Agreement”) is entered into effective as of the ____ day of ____________, 2025 by and among the City of Ontario, a California municipal corporation (hereinafter “CITY”), and, Roseville Investments, LLC, American Superior Land, LLC, (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 WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement in that Rich Haven Specific Plan (State Clearinghouse No. 2006051081 (the “FEIR”). The City Council found and determined that the FEIR was prepared in accordance with the requirements of the California Environmental Quality Act and adequately describes the impacts of the project described in the FEIR, which included consideration of this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and the Rich Haven Specific Plan; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary 985
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improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

WHEREAS, the Property is located in an area of the City of Ontario that has been known as the “New Model Colony” area and the New Model Colony area has now been renamed as “Ontario Ranch.”

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 “Construction Agreement” means that certain Agreement for the Financing and Construction of Phases I and II Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony, entered into between the CITY and NMC Builders as of the 4th day of October, 2005, and all amendments thereto and “Construction Agreement Amendment” means that First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve and Easterly Portion of the New Model Colony entered into between the CITY and NMC Builders as of the 21st day of August 2012.

1.1.4 “Development” means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of public infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.

1.1.5 “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
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(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) development plan review;
(d) conditional use permits (including model home use permits), public use permits and plot plans;
(e) zoning;
(f) grading and building permits.

1.1.6 “Development Exaction” means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests.

1.1.7 “Development Impact Fee” means a monetary exaction, other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and, for purposes of this Agreement only, includes fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4, For purposes of this Agreement only, "Development Impact Fee" shall not include processing fees and charges imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring 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 superceded, including by amendment or replacement.

1.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 987
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1.1.9 “Effective Date” means the date that the ordinance approving this Agreement goes into effect.

1.1.10 “Existing Development Approvals” means all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Approvals incorporated herein as Exhibit “C” and all other Approvals which are a matter of public record on the Effective Date.

1.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the Effective Date. 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 the Effective Date.

1.1.12 “General Plan” means the General Plan adopted on August 16, 2022.

1.1.13 “Improvement” or “Improvements” means those public improvements required to support the development of the Project as described in the Tract Map conditions for Tract No.20526 as further described in Exhibit “F” (the “Infrastructure Improvements Exhibit”).

1.1.14 “Land Use Regulations” means all ordinances, resolutions, codes, rules, regulations and official policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, timing and phasing of development, the maximum height and size of buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property. “Land Use Regulations” does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations; (b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of similar rights and interests that provide for the use of or the entry upon public property; (e) the exercise of the power of eminent domain.

1.1.15 “Mortgagee” means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security-device lender, and their successors and assigns.

1.1.16 “Model Units” includes model units, private common recreation facilities and sales facilities constructed by OWNER prior to the construction of any Production units and not offered for sale and occupancy for a period of time after the issuance of permits for Production Units.
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1.1.17 “Net MDD” means net maximum daily water demand.

1.1.18 “NMC Builders” means the consortium of investors and developers responsible for the construction of infrastructure within the New Model Colony incorporated as NMC Builders, LLC.

1.1.19 “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.

1.1.20 “Phase 2 Water EDUs” means the number of equivalent dwelling units or non-residential square footage assigned to OWERN upon payment to CITY of the Phase 2 Water Participation Fee for the Project and evidenced by the issuance by CITY of a Certificate of Phase 2 Net MDD Availability in the form attached as Exhibit “G”. 1.1.21 “Phase 2 Water Improvements” means the future water infrastructure Improvements required for the issuance by CITY of the “Water Availability Equivalents” (WAE) for the Project.

1.1.21 “Phase 2 Water Participation Fee” means the fee paid to City upon City approval of the first Development Entitlement for the Project, to fund the Property’s respective share of the projected costs of the design and construction of the Phase 2 Water Improvements by City. The Phase 2 Water Participation Fee shall be the calculated amount of the Regional Water DIF for the Project based upon the number of units, and land use category for residential units or the number of square feet, and land use category for non-residential square footage of the Project.

1.1.22 “Production Unit(s)” means all units constructed for sale and occupancy by OWNER and excludes the specified number of Model Units constructed by OWNER for promotion of sales.

1.1.23 “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.

1.1.24 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.

1.1.25 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

1.1.26 “Specific Plan” means that certain specific plan adopted by the City Council, and entitled, “Rich Haven Specific Plan.”

1.1.27 "Storm Water Treatment Capacity Availability” means a designated portion of the total Storm Water Treatment Capacity Availability made available through the completion of construction of a Phase of regional storm water treatment facilities by the NMC Builders LLC as described in the Construction Agreement Amendment. The amount, in acres, of Storm Water Treatment Capacity Availability required for the 989
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issuance of a grading permit shall be based upon the factors and assumptions listed in the Construction Agreement Amendment.

1.1.28 “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.

1.1.29 “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.

1.1.30 “Water Availability Equivalent (WAE)” means a designated portion of the total Net MDD made available through the construction of each Phase described in the Water Phasing Plan of the Construction Agreement. The number of Water Availability Equivalents (of portions thereof) required for the issuance of each building permit shall be based upon water demand factors and assumptions listed in the Construction Agreement and Construction Agreement Amendment as “Water Availability Equivalents by Land Use” for each land use category.

1.1.31 “Amendment to the Construction Agreement” means the amendment to the Construction Agreement modifying the boundaries of the property in Exhibit A of such Construction Agreement to include the Property covered by this Agreement and to provide for the additional funds required for CITY’s future construction of the “Phase 2 Water Improvements” described in a modification to Exhibit C-3 of the Construction Agreement.

1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:

Exhibit “A” — Legal Description of the Property.

Exhibit “B” — Map showing Property and its location.

Exhibit “C” — Existing Development Approvals.

Exhibit “D” — Existing Land Use Regulations.

Exhibit “E” — Description of Required Infrastructure Improvements Exhibit “F” — Depiction of Required Infrastructure Improvements and Phasing Exhibit “G” - Form of Certificate of Net MDD to be issued by CITY Exhibit “H” – Form of Certificate of DIF Credit to be issued by CITY Exhibit “I-1” – Ontario Ranch Water Supply Phasing Plan Exhibit “I-2” - Water Demand Equivalents by Land Use
Exhibit “J” - Form of Plume Disclosure Letter
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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 the fee simple title to the Property or a portion thereof, or has the right to acquire fee simple title to the Property or a portion thereof from the current owner(s) thereof. To the extent OWNER does not own fee simple title to the Property, OWNER shall obtain written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.

2.3 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. 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) In non-mixed use and residential use only projects, the OWNER shall have obtained, as applicable, building permits for at least seventy percent (70%) of the actual number of residential units permitted under this Agreement; and (c) 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 and be made in strict compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. OWNER may be required to provide disclosure that the Property is within the South Archibald Trichloroethylene (TCE) Plume. OWNER may wish to provide the attached Disclosure Letter (Exhibit G) as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq.(b) (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 991
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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; and (2) the payment of the applicable processing charge to cover the CITY’s review and consideration of such sale, transfer or assignment.
(c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed. The City Manager shall have the authority to review, consider and either approve, conditionally approve, or deny any proposed sale, transfer or assignment that is not made in compliance with this section 2.4.

2.4.2 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 agreement 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 to secure performance of its obligations hereunder.

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 2.4.2 above:
(a) The assignee shall be liable for the performance of all obligations of OWNER with respect to transferred property, but shall have no obligations with respect to the portions of the Property, if any, not transferred (the “Retained Property”). (b) The owner of the Retained Property shall be liable for the performance of all obligations of OWNER with respect to Retained Property, but shall have no further obligations with respect to the transferred property.
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(c) The assignee’s exercise, use and enjoyment of the Property or portion thereof shall be subject to the terms of this Agreement to the same extent as if the assignee were the OWNER.

2.4.4 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 year) of any lot 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. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy has been issued for a building on the lot, and the fees set forth under Section 4 of this Agreement have been paid.

2.4.6 Partial Assignment and Assumption. CITY and OWNER agree OWNER may partially assign its obligations and rights under this Agreement, and all amendments hereto, to a purchaser, transferee or assignee of a lot, which has been subdivided subject to provisions of a partial assignment and assumption agreement in a form approved by CITY. Any such complete and executed partial assignment and assumption of this Agreement shall be submitted to CITY for approval pursuant to Section

2.4.1 of this Agreement. CITY shall review, and if the above conditions, including but not limited to, those conditions in Section 2.4.2, are satisfied, CITY may approve the partial assignment and release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.6 shall cause, or otherwise affect, a release of OWNER from the duties and obligations under this Agreement that are retained by OWNER and excluded from the transfer or assignment.

2.5 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 993
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any person having a legal or equitable interest in the whole of the Property, or any portion thereof as to which such person wishes to amend or cancel this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance. Notwithstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to the OWNER of its intention to initiate such proceedings at least sixty (60) days in advance of the giving the public notice of intention to consider the amendment or cancellation.

2.5.1 Amendment to Reflect Consistency With Future Amendments to the Construction Agreement. To the extent any future amendment to the Construction Agreement provides for modifications to rights or obligations that differ from or alter the same or similar rights or obligations contained in this Development Agreement, OWNER reserves the right to request an amendment to the Development Agreement to reflect any or all of such modifications.

2.5.2 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.

2.6 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, 994
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no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY.

2.7 Notices.
(a) As used in this Agreement, “notice” includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person, including, without limitation, by courier, to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below. All notices shall be addressed as follows:

If to CITY:

Scott Ochoa, City Manager
City of Ontario
303 East "B" Street
Ontario, CA 91764
If to OWNER:

Richland
Attn: Craig Cristina, Vice President
3161 Michelson Drive, Suite 425
Irvine, CA 92612
with a copy to:

Ruben Duran, City Attorney
Best Best & Krieger, LLP
2855 E Guasti Road
Ontario, CA 91761
with a copy to:

Richland
Attn: Legal Department
3161 Michelson Drive, Suite 425
Irvine, CA 92612
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, 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, 995
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the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, 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 Ca1. 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.

3.4 Requirement for Public Infrastructure Improvements. Development of the Property is contingent in part on the phasing of area-wide infrastructure improvements over which the OWNER has control. The issuance of building permits by CITY for Model Units and Production Units is, in general, contingent on OWNER’s completion of needed infrastructure improvements and the availability of improvements and services to serve the Property.

3.4.1 Attached hereto as Exhibit “F” is a description of the infrastructure improvements needed for the development of the Property (“the Infrastructure Improvement Exhibit”).

3.4.2 Construction of Model Units, private common recreation facilities, and sales facilities is subject to plan submittal by OWNER and approval by CITY. Said plan shall illustrate that adequate public infrastructure is available to serve these uses, and shall describe the utilities and other infrastructure necessary to provide sufficient fire protection and other public health and safety requirements.

3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and 996
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may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change, and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit “C” and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals;
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure;
(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the 997
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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;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the residents 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; (f) Regulations that may conflict but to which the OWNER consents.

3.6.2 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, 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.

3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).

3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.
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3.7 Public Works; Utilities. If OWNER is required by this Agreement 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 requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. As a condition of development approval, OWNER shall connect the Project to all utilities necessary to provide adequate water, recycled water, sewer, gas, electric, and other utility service to the Project. As a further condition of development approval, OWNER shall contract with the CITY for CITY-owned or operated utilities for this purpose, for such price and on such terms as may be available to similarly situated customers in the CITY.

3.7.1 OWNER agrees that development of the Project shall require the construction of Storm Drain facilities as described in Exhibit E and depicted in Exhibit F. OWNER shall be responsible for the construction of the necessary extension of master planned Storm Drain facilities.

3.7.2 OWNER agrees that development of the Project shall require the construction of street improvements as described in Exhibit E and depicted in Exhibit F.

3.7.3 OWNER agrees that development of the Property shall require the extension of permanent planned water and recycled water utility infrastructure as described in Exhibit E and depicted in Exhibit F consisting generally of the construction of the extension of permanent water and recycled water utility improvements to serve the Property. OWNER agrees that no building permits shall be issued by CITY for Production Units within a development phase prior to completion of the water and recycled water Improvements as described in Exhibit E and depicted in Exhibit F. OWNER also 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.

3.7.4 OWNER agrees that development of the Property shall require the extension of permanent sewer improvements, at OWNER’s sole cost and expense, as described in the attached Exhibit F consisting generally of the construction of the extension of sewer infrastructure to serve the Property.

3.7.5 OWNER agrees that development of the Property shall require the extension of permanent master planned fiber optic communications infrastructure, at OWNER’s sole cost and expense, as described in the attached Exhibit F consisting generally of the construction of the extension of fiber optic communications infrastructure to serve the Property.

3.7.6 OWNER agrees that development of the project shall require the design and construction of three (3) non-DIF traffic signals at Haven Avenue and “Future Street”, Haven Avenue and Street “B”, and Bethany Way and Mill Creek Avenue; and one (1) DIF credit eligible traffic signal at Haven Avenue and Chino Avenue. 999
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Modification of one (1) existing DIF credit eligible traffic signals at Haven Avenue and Riverside Drive, as described in the attached Exhibit E and depicted in Exhibit F consisting generally of the construction of the signal modifications to serve the Property. OWNER shall complete traffic signals prior to the fiftieth (50th) percentile building permit within a development phase in which the signal is required.

3.8 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation and the Construction Agreement to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), the CITY and OWNER shall cooperate in acquiring the necessary legal interest (“Offsite Property”) in accordance with the procedures set forth in Section 2.4 of the Construction Agreement. This section 3.8 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.

3.8.1 CITY Acquisition of Non-Construction Agreement Offsite Property. In the event OWNER is required to construct any public improvements on land not owned by OWNER, but such requirement is not based upon the Construction Agreement, Sections 3.8.1 and 3.8.2 shall control the acquisition of the necessary property interest(s) (“Non-Construction Agreement Offsite Property”). If the OWNER is unable to acquire such Non-Construction Agreement Offsite Property and following the written request from the OWNER to CITY, CITY agrees to use reasonable and diligent good faith efforts to acquire the Non-Construction Agreement Offsite Property from the owner or owners of record by negotiation to the extent permitted by law and consistent with this Agreement. If CITY is unable to acquire the Non-Construction Agreement Offsite Property by negotiation within thirty (30) days after OWNER’S written request, CITY shall, initiate proceedings utilizing its power of eminent domain to acquire that Non-Construction Agreement Subject Property at a public hearing noticed and conducted in accordance with California Code of Civil Procedure Section 1245.235 for the purpose of considering the adoption of a resolution of necessity concerning the Non-Construction Agreement Offsite Property, subject to the conditions set forth in this Section 3.8.

The CITY and OWNER acknowledge that the timelines set forth in this Section

3.8.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Non-Construction Agreement Offsite Property. CITY agrees to use reasonable good faith efforts to complete the actions described within lesser time periods, to the extent that it is reasonably able to do so, consistent with the legal constraints imposed upon CITY.

3.8.2 Owner’s Option to Terminate Proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease all acquisition proceedings with respect to that Non-Construction 1000
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Agreement Offsite Property, whereupon CITY shall cease such proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on CITY’S intent to consider the adoption of a resolution of necessity as to any Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease condemnation proceedings, whereupon CITY shall cease such proceedings. If OWNER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the Non-Construction Agreement Offsite Property resolution of necessity. If CITY adopts such resolution of necessity, then CITY shall diligently institute condemnation proceedings and file a complaint in condemnation and seek an order of immediate possession with respect to the Non-Construction Agreement Offsite Property.

3.9 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.

3.10 Tentative Tract Maps; Extension. With respect to applications by OWNER for tentative subdivision maps for portions of the Property, CITY agrees that OWNER may file and process tentative maps in accordance with Chapter 4.5 (commencing with Section 66498.1) of Division 2 of Title 7 of the California Government Code and the applicable provisions of CITY’s subdivision ordinance, as the same may be amended from time to time. In accordance with the provisions of Section 66452.6 of the Government Code, each tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be deemed to have been granted an extension of time to and until the date that is five (5) years following the Effective Date of this Agreement.; The CITY’s City Council may, in its discretion, extend any such map for an additional period of up to five (5) years beyond its original term, so long as the subdivider files a written request for an extension with the City prior to the expiration of the initial five (5) year term.

4. PUBLIC BENEFITS.

4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Development Impact Fees.
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4.2.1 Amount of Development Impact Fee. Development Impact Fees (DIF) shall be paid by OWNER. The Development Impact Fee amounts to be paid by OWNER shall be the amounts that are in effect at the time such amounts are due. Nothing contained in this Agreement shall affect the ability of the CITY to impose new Development Impact Fees or amend the amounts of existing Development Impact Fees. Additionally, nothing contained in this Agreement shall affect the ability of other public agencies that are not controlled by CITY to impose and amend, from time to time, Development Impact Fees established or imposed by such other public agencies, even though such Development Impact Fees may be collected by CITY.

4.2.2 Time of Payment. The Development Impact Fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permit for each applicable residential or other unit, except for the Open Space and Habitat Acquisition Development Impact fee, which shall be paid by OWNER to CITY prior to the issuance of a grading permit. Deferral of the payment of Development Impact Fees may be granted pursuant to a separate agreement approved by City pursuant to City policy.

4.2.3 Parkland and Quimby Act Fees. Pursuant to the General Plan (Ontario Plan) Goal PR1, Policy PR1-5 (achievement of a park standard of 5 acres of parkland per 1,000 residents) OWNER shall provide improved parks, developed in accordance with the City’s park standards in an amount equal to two (2) acres per 1,000 of projected population without credit, reimbursement, offset or consideration from City. Such areas shall either be dedicated to the City or transferred to a homeowners’ association. If approved by the City Manager, OWNER may satisfy this requirement through the development of non-public recreation facilities such as private recreational clubhouses or pool facilities.

Credit for such private recreational facilities areas shall be limited to a maximum of 50% of the foregoing park development requirement. If OWNER’s Project does not provide dedicated and developed park acreage equal to two (2) acres per 1,000 projected population, OWNER shall pay a fee in-lieu equal to the per acre estimated costs of acquisition and development of parkland in the City’s Development Impact Fee for the calculated park acreage deficiency. Such in-lieu fee shall be due and payable prior to the issuance of the first building permit for Production Units issued to OWNER. Any park dedication and/or improvements in excess of such two (2) acres per thousand standard, provided such park has been developed in accordance with the City’s park standards and is open to the public generally, shall entitle OWNER to a credit toward its obligations under the Quimby Act (Gov. Code, § 64477) and the City’s implementing ordinance and/or resolution (collectively “Quimby Act Obligations”), and to the extent OWNER’s Quimby Act Obligations are satisfied, OWNER shall be entitled to have the City acquire such developed and publicly available parks as Non-Program Interests in accordance with Section 4.3.3 below. (Other provisions will be added that are Projectspecific, if applicable). 1002
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4.2.4 Additional Parkland Development Requirements. OWNER is responsible for construction of the 2.20-acre and 2.53-acre parks designated as Lots A and B, respectively, of Tentative Tract Map No. 20526, including any related recreational facilities to be provided therein. OWNER shall submit the design of the park for approval along with the first B-map entitlement within the A-map area. OWNER shall begin construction of the park no later than the issuance of the 315th production building permit for occupancy within the A-map area; and (iii) complete construction prior to issuance of the 500th production building permit for occupancy within the A-map area. The above thresholds are based on current density projections and may be adjusted proportionally upon approval of subsequent Bmaps, considering actual densities and phasing. Any modifications to these milestones must be mutually agreed upon by CITY and OWNER and documented in subsequent written agreements or entitlements.

4.3 Responsibility for Construction of Public Improvements.

4.3.1 Timely Construction of Public Infrastructure. The phasing of the areawide infrastructure construction within the New Model Colony will be as approved by the CITY. OWNER shall be responsible for the timely construction and completion of all public infrastructure required for the Project as shown on the attached Exhibit “F” and any and all tentative tract map conditions. Unless otherwise specified in the Subdivision Agreement/Tract Map conditions, all other required Improvements for each Tract Map, shall be completed and operational prior to, and as a condition precedent to, OWNER requesting and CITY’s granting of the first building permit for production units for each such Tract Map. All Infrastructure and Improvements shall be completed as required by the Subdivision Agreement/Tract Map conditions for Tract No. 20526.

4.3.2 Construction of DIF Program Infrastructure (Construction Agreement). To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit in accordance with the provisions of the Construction Agreement and any amendments thereto. Use of DIF Credit issued to OWNER as a member of NMC Builders LLC to offset OWNER’s DIF payment obligations shall also be subject to the provisions of the Construction Agreement and any amendments thereto.

4.3.3 Construction of DIF Program Infrastructure (Non-Construction Agreement).

To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and such public improvements are not included the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit and DIF Reimbursement in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER. Limitation on the use of DIF Credit issued to OWNER to offset OWNER’s DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. OWNER may also be eligible 1003
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to receive reimbursement from DIF collected by CITY and paid by other development that benefits from OWNER’s construction of DIF Program Infrastructure. Any such DIF Reimbursement shall be subject to a Fee Credit Agreement between CITY and OWNER. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY’s adopted policies applicable to such agreements.

4.3.4 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.

4.4 Affordable Housing Requirement.

4.4.1 Affordable Housing- Number of Units. OWNER shall provide a minimum number of affordable housing units, equivalent to 10% of the OWNER’s total approved residential units within the Project, that are affordable to very low-, lowand moderate-income households. Such requirement for affordable housing shall be met through one, or a combination of one or more, of the options provided in the following Sections 4.3.2.1 through 4.3.2.1. For the purposes of this Section, any term not defined in this Agreement shall be as defined by California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.).

4.4.2 Affordability Spread. Of the total number of residential dwelling units specified in Section 4.4.1, to be constructed or rehabilitated pursuant to Sections

4.4.2.1 or 4.4.2.2 respectively, thirty percent (30%) shall be available to very low income, thirty percent (30%) shall be available to low income and forty percent (40%) shall be available to moderate income households. “Households” shall be as defined by California Health and Safety Code Section 50053.

4.4.2.1 New Construction. If OWNER elects to fully or partially satisfy the affordable housing requirement by the construction of new residential units, it shall construct and restrict the affordability of residential dwelling units within its Project or, at OWNER’s option and with the approval of the City, within another project elsewhere within the City. The affordable units constructed shall be intermingled with other units as part of the Project, and shall be built to the same construction, design and aesthetic standards, as well as number of rooms, as other units constructed as part of that OWNER’s Project. In addition, the percentage ratio of affordable units offered for sale versus those offered for rent shall equal the percentage ratio of other units offered for sale versus for rent within OWNER’s Project. Such construction shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not constructed the required percentage of units, based on the number of building permits for non-restricted units, OWNER shall, prior to the issuance of such building permits, provide security 1004
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(in the form and substance approved by the City Manager and City Attorney) to City in order to ensure the faithful completion of such required percentage of construction of affordable units. If OWNER elects the option of constructing new affordable units, a detailed Affordable Housing Agreement specifying terms for the allowable monthly housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. The Affordable Housing Agreement shall hold a recorded priority position senior to any other non-statutory lien or encumbrance affecting the unit.

4.4.2.2 Rehabilitation. If OWNER elects to fully or partially satisfy the affordable housing requirement by the substantial rehabilitation of existing residential units in the City, it shall substantially rehabilitate and restrict the affordability of the number of residential units specified in Section 4.4.1, provided that such units shall be provided elsewhere within the City. The rehabilitation work shall be substantial and of high quality and shall also address any deferred property maintenance issues on the property. “Substantial rehabilitation” shall mean rehabilitated multi-family rented dwelling units with three or more units and the value of the rehabilitation constitutes 25 percent of the after rehabilitation value of the dwelling, inclusive of land value pursuant to Health and Safety Code Section 33413(b)(2)(A)(iii-iv) as such section exists as of the Effective Date of this Agreement. If OWNER chooses the option of rehabilitation of existing housing units within the City, a detailed Affordable Housing Agreement specifying the terms for the allowable month housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. Such rehabilitation shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not rehabilitated the required percentage of units, based on the number of building permits, OWNER shall, prior to the issuance of such building permits, provide security (in the form and substance approved by the City Manager and City Attorney) to the City in order to ensure the faithful completion of such required percentage of rehabilitation.

4.4.2.3 In-Lieu Fee. If OWNER has not fully complied with the requirements of Section 4.4.1 by providing the minimum number of affordable units through the construction of new affordable units or by the substantial rehabilitation of existing units, shall pay an “Affordability In-Lieu Fee”. If OWNER has not provided any affordable residential units by construction or rehabilitation, the Affordability In-Lieu fee shall be equal to Three Dollars Thirty-Seven Cents ($3.37) per square foot of residential development within OWNER’s Project or, if pre-paid as set forth below, Two Dollars Ninety-Six ($2.96) per square foot of residential development within OWNER’s Project.

If OWNER has partially complied with the requirements of Section 4.4.1 by 1005
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construction or rehabilitation of less than the minimum number of units, then the Affordability In-lieu Fee shall be recalculated and reduced in consideration of the number and type of affordable units provided. The Affordability In-Lieu Fee shall be paid by OWNER to City no later than prior to the issuance of each building permit within OWNER’s Project based on the square footage of the residential unit for which such building permit is sought; provided however that OWNER may, at OWNER’s election, pre-pay such Affordability In-Lieu Fee by paying such Affordability In-Lieu Fee within thirty (30) days following the earliest discretionary approval by the City for OWNER’s Project, including, but not limited to, any general plan amendment, specific plan adoption, development agreement, tentative map approval, variance, conditional use permit, or resolution of intention to form any public financing mechanism. The Three Dollars Thirty-Seven Cents ($3.37 Two Dollars Ninety-Six ($2.96) per square foot amounts shall automatically be increased annually, commencing on July 1, 2024, and automatically each July 1 thereafter. Such adjustment shall be based on the percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) over the preceding year. The pre-paid Affordability In-Lieu Fee shall be calculated based on the maximum floor area ratio (FAR) permitted within the General Plan and any applicable FAR contained within the applicable specific plan, whichever is greater, and the Maximum Development Density. For purposes of this Agreement, “Maximum Development Density” shall be determined by multiplying the OWNER’s Project’s density for residential development potential as set forth in the General Plan or the applicable Specific Plan, whichever is less, by the net acreage of land within OWNER’s Project. All “Affordability In-Lieu Fees” collected by the City shall be used to promote the construction of affordable housing within the City.

4.4.2.4 Affordability Covenants. Prior to the issuance of the first building permit for any affordable unit, the City and OWNER shall enter into an Affordable Housing Agreement Affordability shall be assured for a period of forty-five (45) years for for-sale units and fifty-five (55) years for rentals. For rental units, base rents shall be established by the City and rental adjustments required by the City shall be performed on an annual basis. In addition, the Affordable Housing Agreement shall impose maximum occupancy limits of 2 occupants per bedroom plus 1 additional occupant per dwelling unit, and a requirement for the owner or tenant to properly maintain each dwelling unit.

4.4.2.5 Transfer of Affordable Project. No transfer of title to any affordable housing project shall occur without the prior written consent of the City. In the event OWNER transfers title to any affordable housing project required to be constructed pursuant to this Agreement to a non-profit entity, or other entity, that receives an exemption from ad valorem real property taxes, the City shall be required to assure payment of an annual in lieu fee to the City on July 1 of each year equal to one-tenth of one percent (0.1%) of the 1006
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assessed value of such project. The City may permit OWNER to satisfy this obligation by recorded covenants against the property and enforceable against said entity by the City. Any such covenants shall be approved by the Planning Director and the City Attorney.

4.5 Schools Obligations.

4.5.1 Written Evidence of Compliance with Schools Obligations. OWNER shall, either through joint or individual agreements between OWNER and the applicable school district(s), shall satisfy its new school obligations. The new school obligations for the Mountain View School District in the Ontario Ranch area have been projected to include the acquisition or dedication of school sites for, and construction of, up to eight (8) schools. Of these eight (8) schools, six (6) are to be elementary (K-5) grade schools and two (2) are to be middle grade schools. The new school obligations for the Chaffey Joint Union High School District in the Ontario Ranch area have been projected to include the dedication of a school site for, and construction of, an additional high school. The new school obligations for the applicable school district shall be met by a combination of the following: (1) designating and dedicating school site(s) within the Property as set forth in the General Plan, and/or (2) paying school impact fees, (3) entering into a joint mitigation agreement or individual mitigation agreements, or (4) any combination of the foregoing. Written evidence of approval by the applicable school district that OWNER has met their school obligations may be required by the City as the condition to the issuance by the City of any entitlements for OWNER’s Project. In the event OWNER is unable to provide such written evidence from the applicable school district(s), the City shall have the right to decline to honor any DIF Credit, Certificates of MDD Availability, Certificates of Storm Water Treatment Capacity Availability, or any combination thereof, presented by such OWNER, without liability to the City. To the extent that a joint mitigation agreement is approved by the applicable school district(s), and OWNER is a participant in good standing in such mitigation agreement, OWNER shall be deemed to have mitigated its new school obligations under this Section 4.4.1.

4.6 Net MDD/Water Availability Equivalents.

4.6.1 Effectiveness of Agreement. Notwithstanding anything else set forth in this Agreement, CITY and OWNER each acknowledge, confirm, and agree, that (i) the City approval of this Agreement and (ii) the effectiveness of this Agreement, in each case, is conditioned upon OWNER’s admission to NMC Builders as a “Member” thereof pursuant to the terms and conditions of the operating agreement of NMC Builders. OWNER and CITY agree that OWNER shall become a Member of NMC Builders within 30 days of the effective date of this Agreement.

4.6.1 Assigned Net MDD/Water Availability Equivalents. The City has agreed with NMC Builders LLC to reserve exclusively for Members of NMC Builders, including OWNER, Net MDD made available through the construction of water system improvements funded by NMC Builders LLC. NMC Builders has assigned 1007
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to OWNER its allocable share of the Net MDD issued by City. The provisions of the Construction Agreement Amendment requires that the City shall not approval a final tract map or issue building permits or certificates of occupancy for the area of development within the New Model Colony served by the water system improvements funded by NMC Builders LLC, except to the bearer of an Assignment of Net MDD Water Availability.

4.6.2 Requirement of NMC Builders, LLC Membership as a Phase 2 Water Member. OWNER and CITY agree that OWNER’s’ payment to CITY required by Section 4.6.3 below represents OWNER’s contribution to the funding required for the future construction of the Phase 2 Water Improvements and the availability of additional Net MDD Water Availability required for the development of the Property described in Exhibit A of this Agreement.

4.6.3 CITY issuance of Water Availability Equivalents. Within 30 days after the effectiveness of this Development Agreement OWNER shall pay or have paid to City the applicable Phase 2 Water Participation Fee. The Phase 2 Water Participation Fee shall be the calculated based on the amount of the Regional Water DIF for the applicable land use category and the square footage of the applicable buildings. The calculated amount of the Phase 2 Water Participation Fee shall be paid to City within 30 days after the effective date of this Agreement or, at OWNER’s option, the Phase 2 Water Participation Fee may be paid to City in two (2) installments. The first installment shall be fifty percent (50%) of the total Phase 2 Water Participation Fee and such first installment shall be due and payable to City within 30 days after the effective date of this Development Agreement. The second installment shall be the remaining amount of the Phase 2 Water Participation Fee and such second installment shall be due and payable to City within one (1) year after the payment of the first installment, or prior to, and as a condition precedent to, the recording of any final Parcel Map for the Project, whichever occurs first. Upon OWNER’s complete payment to CITY of the Phase 2 Water Participation Fee CITY shall issue a Certificate of Water Availability Equivalents in the form attached hereto as Exhibit G. Such Water Availability Equivalents Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment. CITY and OWNER agree that the amount of Water Availability Equivalents issued to OWNER shall be based on the maximum projected need for Water Availability Equivalents required for the Property based upon water demand factors and assumptions listed in Exhibit C-2R of the Phase 2 Water Amendment to the Construction Agreement “Water Demand Equivalents by Land Use” for each land use category. Additionally, within five (5) business days of CITY’s receipt of OWNER’s payment as required under this Section 4.6.3, CITY shall issue a certificate of DIF Credit against OWNER’s DIF obligations in the Regional Water DIF Category.

4.6.2 Use of Assigned Net MDD Water Availability. OWNER shall provide evidence of sufficient Net MDD Water Availability Equivalents (or portions thereof) prior to and as a condition precedent to, the City’s approval of any and all tract maps for the Property. The amount of Net MDD Water Availability Equivalents 1008
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required for City’s approval of a tract map shall be based upon water demand factors and assumptions listed in Exhibit C-2R of the Construction Agreement Amendment as “Water Demand Equivalents by Land Use” for each land use category.

4.6.3 Requirement for other Water System Improvements. A Certificate of Net MDD Availability is evidence only of available water capacity and does not satisfy any other conditions applicable to an OWNER’s Project, including those relating to design and construction of planned potable water and recycled water transmission and distribution system for the respective pressure zone and other public infrastructure requirements.

4.7 Storm Water Capacity Availability.

4.7.1 Requirement for Storm Water Treatment Capacity Availability. OWNER shall provide evidence of sufficient Storm Water Treatment Capacity Availability as reserved in a Certificate of Storm Water Treatment Capacity Availability the same manner and subject to the same limitations as provided for the assignment of Certificates of Net MDD Availability in Section 4.7 of this Agreement.

4.7.2 Use of Storm Water Treatment Capacity Availability. The amount of Storm Water Treatment Capacity Availability required for the issuance of a grading permit to OWNER shall be based upon the Net Residential Acreage of the area to be graded regardless of the corresponding use.

4.7.3 Requirement for other Storm Water Improvements. The Certificate of Storm Water Treatment Capacity Availability is evidence only of available storm water treatment capacity and does not satisfy any other conditions applicable to a particular development project, including those relating to on-site water treatment, water quality, connection to the storm water collection system, or other public infrastructure requirements.

4.8 Maintenance of Open Space. OWNER shall provide for the ongoing maintenance of all park, common areas and open space areas within the Project as more particularly set forth in the Specific Plan, through a homeowners’ association as approved by the CITY. Covenants, conditions and restrictions establishing any homeowners’ association shall be approved by the Planning Director and City Attorney.

4.9 Compliance with Public Benefits Requirements.

4.9.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.9, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 8.4 hereof, thereby entitling the City to any and all remedies available to it, including, without limitation, the right of the City to withhold OWNER’s Project1009 -27-
related building permits, certificates of occupancy, or discretionary approvals, without liability.

5. FINANCING OF PUBLIC IMPROVEMENTS.

5.1 Financing Mechanism(s). In accordance with the Memorandum of Agreement between the CITY and NMC Builders, CITY will cooperate with OWNER in the formation of a CFD, or CFDs, to include all of the Project, to provide a financing mechanism to reimburse the OWNER for funds paid to NMC Builders LLC for OWNER’s share of the costs of public infrastructure pursuant to the Construction Agreement and to acquire other public facilities constructed by OWNER subject to the provisions of the Memorandum of Agreement between CITY and NMC Builders LLC. Notwithstanding such reimbursements and acquisitions, OWNER shall remain entitled to DIF Credits as provided for in Article 3 of the Construction Agreement and/or as provided for in a separate Fee Credit Agreement between CITY and OWNER. OWNER agrees that, prior to the recordation of any Tract Map for the Property, the Property shall be included in a CFD to finance City services through annual special taxes that will initially be $1,371.52 per Single Family Detached Dwelling Unit, $1,188.58 per Multiple-Family Dwelling Unit, $996.75 per Gated Apartment Community Dwelling Unit, and $.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 modified by CITY. CITY shall be the sole and exclusive lead agency in the formation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment district, or financing mechanism may be used, subject to restrictions that may be imposed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without limitation those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.2 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Written evidence by such school district(s) may be required by the CITY as the condition to the formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, without limitation, the adoption of any resolution of intention to form such CFD, assessment district or other public financing mechanism within the Property. It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit the City’s ability to take any and all necessary steps requisite to the formation of the CFD to finance City services through annual special taxes as set forth in this Section 5.1. Formation of any CFD, assessment district or other public financing mechanism within the Property, shall be subject to CITY’s ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY’s public financing district policies as such policies may be amended from time to time.

Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.
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6. REVIEW FOR COMPLIANCE.

6.1 Periodic and Special Reviews.

6.1.1 Time for and Initiation of Periodic Review. The CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by the OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form acceptable to the City Manager, along with any applicable processing charge within ten (10) days after each anniversary date of the Effective Date of this Agreement. Within fifteen (15) days after the receipt of the Annual Monitoring Report, CITY shall review the Annual Monitoring Report. Prior to the expiration of the fifteen (15) day review period, CITY shall either issue a notice of continuing compliance or a notice of non-compliance and a notice of CITY’s intent to conduct a Special Review pursuant to Sections 6.1.2 through 6.1.6. Issuance of a notice of continuing compliance may be issued by the City Manager or his designee.

6.1.2 Initiation of Special Review. A special review may be called either by agreement between the parties or by initiation in one or more of the following ways:
(1) Recommendation of the Planning staff;
(2) Affirmative vote of at least four (4) members of the Planning Commission; or
(3) Affirmative vote of at least three (3) members of the City Council.

6.1.3 Notice of Special Review. The City Manager shall begin the special review proceeding by giving notice that the CITY intends to undertake a special review of this Agreement to the OWNER. Such notice shall be given at least ten (10) days in advance of the time at which the matter will be considered by the Planning Commission.

6.1.4 Public Hearing. The Planning Commission shall conduct a hearing at which the OWNER must demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue is upon the OWNER.

6.1.5 Findings Upon Public Hearing. The Planning Commission shall determine upon the basis of substantial evidence whether or not the OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement.

6.1.6 Procedure Upon Findings.
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(a) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has complied in good faith with the terms and conditions of this Agreement during the period under review, the review for that period is concluded.
(b) If the Planning Commission finds and determines on the basis of substantial evidence that the OWNER has not complied in good faith with the terms and conditions of this Agreement during the period under review, the Planning Commission may recommend to the City Council to modify or terminate this Agreement. (c) The OWNER may appeal a determination pursuant to
paragraph (b) to the City Council in accordance with the CITY's rule for consideration of appeals in zoning matters generally.

6.2 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.1.6(b), the CITY determines to proceed with modification or termination of this Agreement, the CITY shall give notice to the property OWNER of its intention so to do.

The notice shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not the CITY proposes to terminate or to modify this Agreement; and
(c) Other information that the CITY considers necessary to inform the OWNER of the nature of the proceeding.

6.3 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard. The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER. If the City Council finds, based upon substantial evidence in the administrative record, that the OWNER has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate or modify this Agreement and impose those conditions to the action it takes as it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

6.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate 1012
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with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

7. [RESERVED]

8. DEFAULT AND REMEDIES.

8.1 Remedies in General. It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof.

In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that CITY shall not be liable in damages to OWNER, or to any successor in interest of OWNER, or to any other person, and OWNER covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

8.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other nonmonetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons:
(a) Money damages are unavailable against CITY as provided in Section 8.1 above.
(b) Due to the size, nature and scope of the project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate OWNER for such efforts.

8.3 Release. Except for nondamaged remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and 1013
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employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

8.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.3 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

8.5 Termination of Agreement for Default of CITY. OWNER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default.

9. THIRD PARTY LITIGATION.

9.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan exists as of the Effective Date (“General Plan”), and that the General Plan meets all requirements of law.

OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

9.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, 1014
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officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

9.3 Indemnity. In addition to the provisions of 9.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, 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.

9.4 Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of OWNER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may in its discretion participate in the defense of any such action.

9.5 Reservation of Rights. With respect to Sections 9.2, 9.3 and 9.4 herein, CITY reserves the right to either (1) approve the attorney(s) which OWNER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that OWNER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys’ fees, upon billing and accounting therefor.

9.6 Survival. The provisions of this Sections 9.1 through 9.6, inclusive, shall survive the termination of this Agreement.

10. MORTGAGEE PROTECTION.

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 1015
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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. (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.

11. MISCELLANEOUS PROVISIONS.

11.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the ten (10) days after the CITY executes this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant 1016
-34-
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.

11.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement.

Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

11.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

11.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

11.6 Singular and Plural. As used herein, the singular of any word includes the plural.

11.7 Joint and Several Obligations. Subject to section 2.4, if at any time during the term of this Agreement the Property is owned, in whole or in part, by more than one owner, all obligations of such owners under this Agreement shall be joint and several, and the default of any such owner shall be the default of all such owners. Notwithstanding the foregoing, no owner of a single lot which has been finally subdivided and sold to such owner as a member of the general public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.

11.8 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its 1017
-35-
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.

11.10 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

11.11 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party’s control, (including the party’s employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party’s control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

11.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

11.13 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof.

11.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument.

11.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of San Bernardino, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

11.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the 1018
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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.

11.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. The City Manager may delegate his powers and duties under this Agreement to an Assistant City Manager or other management level employee of the CITY.

11.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

11.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto. OWNER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).

11.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured 1019
-37-
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 under this Section 11.20 prior to CITY’s issuance of such certificates.

11.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.

11.22 Prevailing Wage. OWNER, for itself, its successors, and assigns, agrees, covenants, and warrants that the development of the Property, if any, shall comply with all applicable federal and state labor laws (including, without limitation, the requirement under California law to pay prevailing wages and hire apprentices), and all obligations as set forth herein.

11.22.1 CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq.

11.22.2 OWNER acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations with respect to the payment of prevailing wages and complying therewith. OWNER shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.

11.22.3 The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Property by OWNER, its successors or assigns. OWNER shall be solely responsible for determining and effectuating compliance with such laws.

11.22.4 OWNER, ON BEHALF OF ITSELF, ITS SUCCESSORS, AND

ASSIGNS, WAIVES AND RELEASES CITY FROM ANY RIGHT OF ACTION THAT MAY BE AVAILABLE TO OWNER PURSUANT TO LABOR CODE SECTION 1781 OR THE DAVIS BACON ACT. RELATIVE TO THE WAIVER AND RELEASE CONTAINED IN THIS SECTION 11.22, OWNER ACKNOWLEDGES THE PROTECTIONS OF CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: A GENERAL RELEASE DOES

NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT

KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF

EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE

MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

INITIALS. BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
1020
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_______________
(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]
1021
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SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT FILE NO. PDA22=004
"OWNER"
American Superior Land, LLC
a Delaware limited liability company

By: ________________________
John Troutman
Vice President
Date: ___________________
Roseville Investments, LLC
a Florida limited liability company

By: ________________________
John Troutman
Vice President
Date: ___________________
"CITY"

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
Date: ___________________
ATTEST:

City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST KRIEGER, LLP
City Attorney
1022

ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
COUNTY OF____________________ )
On _________________, 20_____, before me,______________________________________, Date Insert Name and Title of the Officer
personally appeared ___________________________________________________________ Name(s) of Signer(s)
____________________________________________________________________________, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1023
D-1

ACKNOWLEDGEMENT

STATE OF CALIFORNIA )
COUNTY OF____________________ )
On _________________, 20_____, before
me__________________________________,
Date Insert Name and Title of the Officer
personally appeared
________________________________________________________ Name(s) of Signer(s)
__________________________________________________________________ ______, who proved to me on the basis of satisfactory evidence to be the person whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1024
D-1
EXHIBIT "A"

TO DEVELOPMENT AGREEMENT
Legal Description of Property
Real property in the City of Ontario, County of San Bernardino, State of California, described as follows:

PARCEL 1: (APN: 0218-161-11-0-000)
The East 35 acres of the South one-half of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.

Except any portion within the North 10 acres of the Southeast 1/4 of the Northwest 1/4 of said section conveyed to Chaffey Joint Union High School District, a political subdivision of State of California in grant deed recorded January 6, 2000 as Instrument No. 2000-0005735 of Official Records.

Also excepting therefrom that portion of the land described in the grant deed to City of Ontario, a municipal corporation recorded July 24, 2008 as Instrument No. 2008- 0338801 of Official Records.

PARCEL 2: (APN: 0218-161-04-0-000)
The West one-half of the Northwest one-quarter of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.

Except therefrom all public streets and highways.

Also excepting therefrom that portion of the land described in the grant deed to City of Ontario, a municipal corporation recorded July 24, 2008 as Instrument No. 2008- 0338803 of Official Records.

PARCEL 3: (APN: 0218-161-05-0-000)
The East one-half of the Northwest one-quarter of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof. Except therefrom all public streets and highways.

Also excepting therefrom that portion of the land described in the grant deed to City of Ontario, a municipal corporation recorded July 24, 2008 as Instrument No. 2008- 0338803 of Official Records.
1025
D-1
PARCEL 3A: (APN: PORTION OF 0218-171-22-0-000)
An undivided 1/3rd interest in the well-site described as the West 5.00 feet of the South

8.00 feet of the North 72.50 feet of the Northeast one-quarter of the Northeast one- quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian and the East 5.00 feet of the South 8.00 feet of the North 72.50 feet of the Northwest one- quarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.

PARCEL 3B:

A non-exclusive easement right-of-way per that document recorded March 10, 1976 in Book 8880, page 113 of Official Records to construct, maintain, operate, remove, replace and repair water pipeline together with valves and other equipment over, under, along and across the certain strip of land located within the lines of the property described as follows:

The South 4 feet of the North 34 feet of the Northwest one-quarter of the Northeast one- quarter and the Northeast one-quarter of the Northwest onequarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, also the South 48.50 feet of the North 82.50 feet of the East 30.00 feet of the Northwest one-quarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, according to the official plat thereof.

PARCEL 4: (APN: 0218-161-10-0-000 AND PORTION OF 0218-171-22-0-000) The Southwest one-quarter of the Northwest one-quarter and the West 5 acres of the Southeast one-quarter of the Northwest one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof.

Together with an undivided 1/6 interest in the well-site described as the West

5.00 feet of the South 8.00 feet of the North 72.50 feet of the Northeast onequarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West San Bernardino Meridian and the East 5.00 feet of the South 8.00 feet of the North 72.50 feet of the Northwest one-quarter of the Northeast one-quarter of Section 12, Township 2 South, Range 7 West, San Bernardino Meridian, in the County of San Bernardino, State of California, according to the official plat thereof. Except any portion within the North 10 acres of the Southeast 1/4 of the Northwest 1/4 of said section.
1026
D-1
EXHIBIT "B"

TO DEVELOPMENT AGREEMENT
Map showing Property and its location
1027
D-1
EXHIBIT "C"

TO DEVELOPMENT AGREEMENT
Existing Development Approvals
On October 23, 2007 the Planning Commission:
a) Issued Resolution No. PC07-125 recommending City Council certification of the Rich-Haven Specific Plan EIR (SCH#2006051081).
b) Issued Resolution No. PC07-127 recommending to City Council approval of the Rich-Haven Specific Plan (File No. PSP05-004).

On December 4, 2007, the City Council:
a) Issued Resolution No. 2007-145 certifying the Rich-Haven Specific Plan EIR (SCH#2006051081).
b) Adopted Ordinance No. 2884 approving the Rich-Haven Specific Plan.

On February 23, 2016, the Planning Commission:
a) Issued Resolution No. PC16-003 recommending City Council adoption of an Addendum to the Rich-Haven EIR.
b) Issued Resolution PC16-004 recommending approval of the Rich-Haven Specific Plan Amendment (File No. PSPA16-001).

On March 15, 2016, the City Council:
a) Issued Resolution No. 2016-024 for the adoption of an Addendum (File No. PSPA16-001) to the Rich-Haven Specific Plan EIR.
b) Issued Resolution No. 2016-025 approving an Amendment (File No.

PSPA16-001) to the Rich-Haven Specific Plan.

On January 23, 2018, the Planning Commission:
a) Issued Resolution No. PC18-014 recommending City Council adoption of an Addendum to the Rich-haven EIR.
b) Issued Resolution No. PC18-015 recommending to City Council adoption of the Rich-Haven Specific Plan Amendment (File No. PSPA16-005).

On February 20, 2018, the City Council:
a) Issued Resolution No. 2018-017 for the adoption of an Addendum (File No. PSPA16-005) to the Rich-Haven Specific Plan EIR.
b) Issued Resolution No. 2018-018 approving an Amendment (File No.

PSPA16-005) to the Rich-Haven Specific Plan.
1028
D-1
EXHIBIT "D"

TO DEVELOPMENT AGREEMENT
Existing Land Use Regulations
These documents are listed for reference only:

1. The Rich-Haven Specific Plan (File No. PSP05-004) Environmental Impact Report, Resolution No. 2007-145.

2. The Rich-Haven Specific Plan (File No. PSP05-004), Ordinance No. 2884.

3. Addendum to the Rich-Haven Specific Plan (File No. PSPA16-001) Environmental Impact Report, Resolution No. 2016-024.

4. Amendment to the Rich-Haven Specific Plan (File No. PSPA16-001), Resolution No. 2016-025.

5. Addendum to the Rich-Haven Specific Plan (File No. PSPA16-005) Environmental Impact Report, Resolution No. 2018-017.

6. Amendment to the Rich-Haven Specific Plan (File No. PSPA16-005), Resolution No. 2018-018.

7. City of Ontario Municipal Code
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks & Recreation
1029
D-1
EXHIBIT "E"

TO DEVELOPMENT AGREEMENT
Description of Required Infrastructure Improvements
PHASE 1 IMPROVEMENTS

1. SW on Haven Avenue, between Riverside Drive and North of Nelson Drive.

2. SW on Twinkle Avenue, between Street “G” and Chino Avenue.

3. SW on Chino Avenue, between Haven Avenue and Twinkle Avenue.

4. SW on Chino Avenue, between Lots 1 and 2 and Mill Creek Avenue.

5. SW within Lots 1 and 2 between

6. SW on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.

7. PW on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.

8. RW on Chino Avenue, between Haven Avenue to Mill Creek Avenue.

9. RW on Streets “A”, “B”, “D”, and “H”.

10.SD on Haven Avenue, between Future Street and South of Chino Avenue.

11.SD on Twinkle Avenue, between Street “G” and South of Chino Avenue.

12.SD on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.

13.SD within Lots 1 and 2 between Street “A” and Chino Avenue.

14.SD on Chino Avenue between Lot 1 and Mill Creek Avenue to POC

15.SD within Lots 2 and 4 between Street “A” and Twinkle Ave.

16.FO on Haven Avenue, between Riverside Drive and Street “B”.

17.FO on Twinkle Avenue, between Street “G” and Chino Avenue.

18.FO on Chino Avenue, between Haven Avenue and Mill Creek Avenue.

19.FO on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.

20.ST improvements on Haven Avenue, between Riverside Drive and Chino Avenue.

21.ST improvements on Twinkle Avenue between Street “G” and Chino Avenue.

22.ST improvements on Chino Avenue, between Haven Avenue and Mill Creek Avenue.

23.ST improvements on Mill Creek Avenue between Bethany Way and Chino Avenue.

24.ST improvements on Streets “A”, “B”, “D”, “E”, “F”, “G”, and “H”.

25.Traffic Signal at Haven Avenue and Street “B”.

26.Traffic Signal at Haven Avenue and Chino Avenue.

27.Traffic Signal Modification at Haven Avenue and Riverside Drive.

28.Traffic Signal at Bethany Way and Mill Creek Avenue. 1030
PHASE 2 IMPROVEMENTS

1. SW on Street “G”, between Street “D” and Street “E”.

2. PW on Streets “D” and “G”.

3. SD on Street “G”, between Street “D” and Street “E”.

4. SD within Lot 12 between Street “G” and Chino Ave.

5. SD on Chino Avenue between Lot 12 and Haven Avenue.

6. FO on Streets “D” and “G”.

7. ST improvements on Street “D” and “G”.

PHASE 3 IMPROVEMENTS

1. SW on Street “C”, between Riverside Drive and Street “H”.

2. PW on Street “C”, between Riverside Drive and Street “H”.

3. RW on Street “C”, between Riverside Drive and Street “H”.

4. SD on Street “C”, between Riverside Drive and Street “H”.

5. FO on Street “C” between Riverside Drive and Street “H”.

6. ST improvements on Riverside Drive, between Haven Avenue and easterly tract boundary.

7. ST improvements on Street “C”, between Riverside Drive and Street “H”.

8. Traffic Signal at Haven Avenue and Future Street.
1031
EXHIBIT “F”

TO DEVELOPMENT AGREEMENT
Depiction of Required Infrastructure Improvements
(SEE ATTACHED EXHBITS)
1032
1033
1034
1035
1036
EXHIBIT "G"

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF NET MDD AVAILABILITY
Pursuant to Section ___ of this Agreement between the City of Ontario, a California municipal corporation, and ________________, a __________________ company, hereinafter called "OWNER", the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called "Agreement", the City of Ontario hereby certifies based on CITY receipt of payment of OWNER’s share of the funding for the Phase 2 Water Improvements, that OWNER is entitled to the following Net MDD Water Availability.

Amount of Net MDD _________________________ gpm
________________________________________
Scott Ochoa, City Manager
Dated:_________________________________
1037
EXHIBIT “H”

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF REGIONAL DIF CREDIT
Pursuant to Section 4.5.2 of this Agreement by and between the City of Ontario and ____________________, dated _______________, 201_, the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called the “Development Agreement’, the City of Ontario hereby certifies that OWNER is entitled to the following amount and nature of DIF Credits in the Regional Water DIF Infrastructure Category:

Amount of Credit: $
Scott Ochoa, City Manager
Dated:
1038
Exhibit “I-1”

ONTARIO RANCH

WATER SUPPLY PHASING PLAN
Phase 2 Water
Availability
Equivalency
Estimated
Net MDD Available1
Phase 2 A
Supply & Storage

1. 1 - Additional Ground Water Well and Collection lines - Design and Construction
8,250 gpm2 7,750 gpm2
Pipelines (Transmission & Distribution)2

2. 925 Zone Transmission lines – Design and Construction

3. Temporary Pressure Reducing Station3 – Design and
Construction
Phase 2B
Supply & Storage

4. 1 – Additional Ground Water Well and Collection lines – Design and Construction

5. 1 – 6 million gallon Reservoir – 925 Zone – Design and Construction
10,500 gpm2 9,860 gpm2
(1) Upon Completion of the construction of all of the improvements described for each Phase a Certificate of Net MDD Availability shall be issued to Developer for the corresponding amount of Net MDD. Net MDD means the maximum daily demand on the potable water supply, net of the water requirements for public schools and parks. The Water Availability Equivalency includes the estimated requirements for public schools and parks. The amount of Net MDD specified is the cumulative amount for which building permits may be issued upon funding of the corresponding and all preceding Phases of improvements.
(2) The ability of a particular development to utilize Net MDD assigned to it by the Developer will require the completion of design and construction of Master-planned potable and recycled water transmission and distribution pipelines for the respective pressure zone. Other factors may include its location, the particular land use and Water Availability Equivalents assigned to it as specified in Exhibit C-2. (3) Pressure reducing stations are a component of the pipeline transmission and distribution system. 1039
EXHIBIT “I-2”
Exhibit “J”
Available Water Supply - See Exhibit C-1R for Net MDD Available Table A - Water Demand Equivalents By Land Use
Water
Demand
Equivalents
(WDE)2
Recycled
Water
Demand
Factor1
(ADD)
Recycled
Water
Demand Of
Total Water
Demand
(gpd/du) (gpd/ac) (gpm/unit) (gpd/ac) (%)
Detached Dwellings (less than 5 units per acre) 544 0.57 900 28% Detached or Attached Dwellings (between 5 and 11 units per acre) 464 0.48 1,000 21% Attached Dwellings (between 11 and 25 units per acre) 323 0.34 1,500 18% High Density Dwellings (25+ units per acre) 152 0.16 1,500 27% Commercial Lodging 150 0.16 1,700 50%
Retail/Services Uses 2,200 2.29 2,300 51%
Office Uses 3,400 3.54 2,300 40%
Business Park Uses 2,200 2.29 2,200 50%
Industrial Uses 2,000 2.08 2,200 52%
Institutional Use 2,200 2.29 1,600 42%
Parks 1,000 1.04 1,400 58%
Schools 3,500 3.65 1,600 31%
Table B - Example Water Supply Calculation
Land Use Residential
Units
WDE Factor
(gpm)
Potable
MDD
(gpm)
Development
Detached Dwellings (less than 5 units per acre) 5,061 0.57 2,868 Detached or Attached Dw ellings (betw een 5 and 11 units per acre) 2,530 0.48 1,223 Attached Dwellings (between 11 and 25 units per acre) 3,410 0.34 1,147 Retail/Services Uses (per acre)2 2.29 239
TOTAL 11,001 5,477
Three (3) Wells Are required to Support this example, assuming each w ell produces 2,000 gpm and connection to the Recycled Water System maximizing Recycled Water Use. 1 Residential Acres are estimated based on the w eighted average derived from the average number of units per land use category. 2 Commercial acreage is calculated from a total square footage of 1,361,000 SF w ith an average Floor to Area Ratio (FAR) of 0.30 for commercial services in The Ontario Plan. 1Recycled Water Demands include irrigation for right-of-w ay (medians and parkw ays), neighborhood edge, pocket parks, and common areas.

The Ontario Plan Potable Water Recycled Water
Land Use
1,428
166
194 202
1,950
1,284
Acres1
(gross)
104
369
803
Recycled
Water ADD
(gpm)
Water Demand Factor
(ADD)
256
2 The WDE is based on the Maximum Day Demand (MDD) w ith a peaking factor of 1.5 in the NMC for all land use categories. 1040
Form of Plume Disclosure Letter
1041
Case Planner: Pablo De Lara – Project Manager Hearing Body Date Decision Action Planning Director
Approval:

DAB N/A N/A N/A
PC 2/25/2025 Recommend
Submittal Date: 2/6/2025 CC 4/1/2025 Final
FILE NO: PDA22-004
SUBJECT: A public hearing to consider a Development Agreement between the City of Ontario and Roseville Investments, LLC and American Superior Land, LLC, to establish the terms and conditions associated with Tentative Tract Map 20526 (File No. PMTT22- 012), located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan (File No. PSP05-004). (APNs:
0218-161-11, 0218-161-04, 0218-161-05, and 0218-161-10); submitted by Richland Developers, Inc. City Council action is required.

PROPERTY OWNER: Roseville Investments, LLC and American Superior Land, LLC.

RECOMMENDED ACTION: That the Planning Commission consider and recommend City Council adopt an Ordinance approving the Development Agreement (File No. PDA22- 004) between the City of Ontario and Roseville Investments, LLC and American Superior Land, LLC, pursuant to the facts and reasons contained in the staff report and attached Resolution.

BACKGROUND: On January 27, 2010, the Ontario City Council certified The Ontario Plan Environmental Impact Report in conjunction with File No. PGPA06-001 (City Council Resolution No. 2010-006), and on August 16, 2022, the Ontario City Council certified The Ontario Plan 2050 Update Supplemental Environmental Impact Report in conjunction with File No. PGPA20-002 (City Council Resolution No. 2022-129). The Ontario Plan and associated Environmental Impact Report analyzed the Project site and established guidelines for development, including but not limited to, general land use: Low Density Residential (LDR) – 2.1-5.0 du/ac; Low-Medium Density Residential (LMDR) – 5.1-11.0 du/ac; and Medium Density Residential (MDR) – 11.1-25.0 du/ac).

On March 4, 2022, the Applicant applied for Tentative Tract Map No. 20526 (File No.

PMTT22-012) to subdivide106.1 gross acres of land into 12 numbered lots and 10 lettered lots to facilitate future residential development.

The Ontario Ranch financial commitments required for construction of properties within a specific plan are substantial. Therefore, to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, Roseville Investments, LLC and American Superior Land, LLC (“Owner”), have 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420

PLANNING COMMISSION

STAFF REPORT
February 25, 2025
Approval
1042
Planning Commission Staff Report
File No.: PDA22-004
February 25, 2025