Agenda packet — Ontario City Council, April 1, 2025 (part 4 of 25)

ONTARIO MUNICIPAL UTILITIES COMPANY

ENVIRONMENTAL PROGRAMS
1425 SOUTH BON VIEW AVE
Ontario, CA 91761
Phone: (909) 395-2678
Fax: (909) 395-2601
Food Service Establishment (FSE) Wastewater Discharge Permit Application SECTION 1: PROPOSED POINT OF DISCHARGE Public Sewer Other SECTION 2: COMPANY INFORMATION
A. Company Name (DBA)
B. Food Service Establishment Location:

Street Address Unit # City Zip Code
Contact Name Title Cell Phone #
Business Phone # Fax # E-mail
C. FSE Legal Business Name
D. Ownership Information
Ownership Type: Corporation Partnership Sole Proprietor LLC Business Officers Names and Titles
Proprietors/Partners/Corporate Officers Title or Position ______________________________________ ___________________________ ______________________________________ ___________________________ ______________________________________ ___________________________ Note: Title “Owner” applies only to Sole Proprietorship. Please use proper Titles for Partnership, Corporation, and LLC.

E. FSE Designated Signatory Authority
Responsible Party Phone Email
Title
FSE Ins. Contact Phone Email
Title
Submit by Email Print Form
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F. FSE Mailing Address
Address or P.O. Box
Contact Name
Phone Number
G. Landlord, Property Owner or Management Company
Name
Address or P.O.Box
Contact Name
Phone Number
SECTION 3: FOOD SERVICE ESTABLISHMENT DESCRIPTION
A. Type of Facility (please check)
Fast Food Restaurant Grocery Bakery Other:

Deli Meat Market Donut Shop Ice Cream
B. Is your facility currently in operation at the FSE location indicated? Yes No If no, indicate the date you plan to begin operation ____________________________________________ C. Do you have a grease interceptor at this facility? Yes No Manufacturer: __________________________________________ Capacity/ Gallons:_______________________________________ If Yes, Indicate Interceptor Cleaning Frequency _________________________________________________ Grease Interceptor Pumping Service Information:

Company Name
Street Address
Contact Name
Business Phone
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D. Any Other Grease Removal Equipment? Yes No
Grease Trap
Qty_______
20 Gallon 40 Gallon Other
Other: __________________________________________ _________________ Capacity/ Gallons E. Do you generate oil or grease waste by food preparation? Yes No If so, describe how you dispose of grease waste _________________________________________________ Grease Waste Hauler Information:

Company Name
Street Address
Contact Name
Business Phone
F. Are there any vapor hoods? Yes No
On site or off site vapor hood cleaning? ________________________________________________ Food Service Establishment Vapor Hood Cleaning Service:

Company Name
Street Address
Contact Name
Business Phone #
G. Please provide the following information regarding your operations:

Describe Type of Business and Food Served (i.e. fast food, Chinese, Mexican, Family Style, etc.); _____________________________________________________________________________________ Number of Employees: ________ Number of Shifts: _______ Hours of Operation: ___________ am/pm to __________ am/pm Days Per Week: (Check All Applicable Days)
S M T W T h F S Seating Capacity: _____________ Total Number of Meals Served per Day: _____________ Percentage of Meals Served With Washable Tableware: ________% Percentage of Meals Served With Disposable Tableware: _______% 715

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H. Please indicate the food equipment that you currently have in your facility and the quantity of each.

Food Processing Equipment
Qty Qty
Deep Fryer Rotisserie
Char broiler Stove
Griddle Oven
Grill Other: __________________ I. Please indicate fixture units that you currently have in your facility and the quantity of each.

Kitchen Equipment Direct Connection to:

Qty Usage Grease
Trap/
Interceptor
Domestic
Sewer
Dishwasher
Pre-rinse sink
Mop Sink
Floor Drains
Garbage Disposal
1 Bay Sink
2 Bay Sink
3 Bay Sink
Floor Sink
Clothe Washer
Hand Sink
Other
Equipment: _________________

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J. Meter(s) Number _______________________ Use ________________________ Meter(s) Number _______________________ Use ________________________ Meter(s) Number _______________________ Use ________________________ Annual Average Daily Water Consumption All Meters _________________ (Gallon per Day) K. Please indicate restaurant water uses and losses from both sanitary and process operations (water balance)
Water Uses that are NOT discharged to Sewer
Average Water Use
(gallon per day)
Contained in food/drinks
(No. of Customer per day _________ x Amount of water in food/drinks per customer _____________)
Irrigation
Employee water usage (No. of employee_______x 1 gallon) Other:

Total
Discharged to Sewer
Average Water Use
(gallon per day)
Facility Cleaning
(e.g. floor wash-down, mat cleaning, etc.)
Utensil/ Dish/ Equipment Cleaning
Customer Sanitary Use
Employee Sanitary Use
Other:
(e.g. Laundry, etc.)
Total
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SECTION 4: CONSTRUCTION CONTACT INFORMATION
(For FSE’s under construction only) Note: The application must be submitted and signed by Designer, Architect or Contractor, in the space below provided below, to initiate plan check. However, the INDUSTRIAL WASTEWATER PERMIT will not be issued without company (FSE) authorized representative signature.

Name (Print) Title Phone Signature Date
SECTION 5: SIGNATORY REQUIREMENT
This application must be signed by a company (FSE)authorized representative. Signatures of designers, architects, or contractors are only accepted as a construction contact in SECTION 4 above.

Authorized Representative Statement:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Name (Print) Title Date
Signature Phone Number
718
Appendix D: Self-Monitoring Report Form
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Company Name: Permit Number:

Address of Facility:

Contact's Name: Contact's Phone Number:

1. Average number of employees each day during the reporting period:

2. Average number of customers served each day during the reporting period:
3a. Has there been a change in the volume or character of the process waste stream(s) that are being discharged to the sewer from your facility since you were last permitted? Please check one : Yes No If yes, please explain below and answer question 3b. If no, then skip to question 4 (next page) :
for the monitoring period:

GPD GPD
Explain below how the maximum daily and average daily flows were determined:

Report Due Date: Permitted Interceptor Cleaning Frequency:
3b. Report the average daily and maximum daily process waste stream(s) discharge flow below, in gallons per day (GPD), Maximum daily discharge flow: Average daily discharge flow:

SECTION B: MONITORING INFORMATION
SECTION A: FSE USER INFORMATION
Instructions: Attach the pumping manifest(s) and the updated Grease Trap/Interceptor Maintenance Record Form to this selfmonitoring report. The report must be signed by a responsible individual, such as a manager or the owner of the facility. Refer to your wastewater permit for self-monitoring requirements and required grease interceptor pumping frequency. You may submit your report by postal mail or in person to the Environmental Programs, 1425 South Bon View Avenue, Ontario, CA 91761. Electronic submissions will not be accepted by the City . Please contact the numbers listed above for additional information.

Food Service Establishment Self-Monitoring Report
Environmental Programs · 1425 South Bon View Avenue · Ontario, CA 91761 · (909) 395-2678 Environmental Programs Manager: Michael Birmelin · Email: [email protected] FSE Self-Monitoring Report Form Page 1 of 3 Ontario Municipal Utilities Company 720 comply with the following criteria (Ontario Sewer Ordinance, Title 6, Chapter 7, Section 6-7.404(g)):
· When the floatable grease layer exceeds six inches (6") in depth as measured by an approved dipping method; · When the settleable solids layer exceeds eight inches (8") in depth as measured by an approved dipping method; · When the total volume of captured grease and solid material displaces more than twenty percent (20%) of the capacity of the interceptor as calculated using an approved dipping method; or · When the interceptor is not retaining/capturing oils and grease; or the removal efficiency of the device, as determined through sampling and analysis, is less than eighty percent (80%).

Yes No
If no, please provide an explanation below as to why the pumping was not performed according to the frequency that is stated in your permit:
*See next page of this form for signatory requirements
Original "Wet" Signature* Date
Please check one:

Submission of this form to the Ontario Municipal Utilities Company signifies agreement with the following statement:

CERTIFICATION BY PERMITTEE
I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Print Name Title
SECTION C: SIGNATORY REQUIREMENTS

4. Was the interceptor pumped according to the required frequency as stated in your permit or more frequently, in order to FSE Self-Monitoring Report Form Page 2 of 3 Ontario Municipal Utilities Company 721 signed:
a)
i)
ii)
b)
c)
d)
i)
ii)
iii)
the authorization is made in writing by the individual described in paragraph (a), (b), or (c); the authorization specifies either an individual or a position having responsibility for the overall operation of the facility from which the Industrial Discharge originates, such as the position of plant manager, operator of a well, or a well field superintendent, or a position of equivalent responsibility, or having overall responsibility for environmental matters for the company; and
the written authorization is submitted to the City.
a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation, or;
the manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions which govern the operation of the regulated facility, including having the explicit or implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for control mechanism requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

All certification statements submitted to the Ontario Municipal Utilities Company, Environmental Programs must be By a general partner or proprietor if the Industrial User submitting the reports is a partnership or sole proprietorship, respectively.

The principal executive officer or director having responsibility for the overall operation of the discharging facility if the Industrial User submitting the reports is a Federal, State, or Local governmental entity, or their agents.

By a duly authorized representative of the individual designated in paragraph (a), (b), or (c) of this section if:

Signatory Requirements
By a responsible corporate officer, if the Industrial User submitting the reports is a corporation. For the purpose of this paragraph, a responsible corporate officer means:

FSE Self-Monitoring Report Form Page 3 of 3 Ontario Municipal Utilities Company 722 Appendix E: Licensed Grease Haulers
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The following is a list of waste haulers that provide the service of grease interceptor waste cleaning, pumping, and removal. No recommendation or endorsement is made, intended, or implied by this list.

K-Vac Environmental Services
Rancho Cucamonga, CA
(909) 476-2308
M&O Grease Service
Riverside, CA
(951) 453-3343
Liquid Environmental Solutions
San Diego and Riverside, CA
(866) 694-7327
Crown Grease Servicing & Pumping
La Palma, CA
(562) 884-0931 or (714) 532-5313
Baker Commodities
Los Angeles & Vernon, CA
(800) 427-0696
Kiko’s Pumping & Grease Recycling Service
Perris, CA
(909) 816-5841 or (909) 815-0751
JN Grease Service
Menifee, CA
(951) 343-1221
Co-West Commodities
San Bernardino, CA
(909) 887-4309
Martinez Pumping Service
South El Monte, CA
(626) 625-6050 or (626) 625-6051
SMC Grease Specialist
Colton, CA
(951) 788-6042
A OK Pumping
Fontana, CA
(909) 822-6205 or (909) 721-0085
JR Grease Services
Long Beach, CA
(888) 800-0118
Phoenix Pumping
Orange, CA
(858) 437-9438
California Pumping & Sanitation
San Bernardino, CA
1 (855) 646-2140
HT Grease Collector
El Monte, CA
(323) 221-4630 or (562) 307-2534
Martinez Rooter & Jetter Service
El Monte, CA
(323) 530-0156 or (626) 993-4605
JC’s Grease Buyers
Riverside, CA
(951) 736-1198
Sewer-Tech Hydro Jetting, LLC
Rialto, CA
(909) 434-4344 or (323) 490-7377
*Pursuant to the City of Ontario’s Municipal Code Section 6-7.404. All facilities that have grease interceptors shall utilize a licensed grease hauler who has been permitted for pumping services. It shall be the responsibility of each facility to inspect its grease interceptor during the pumping procedure to ensure that the interceptor is properly cleaned out and that all fittings and fixtures inside the interceptor are in working condition and functioning properly.
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APPENDIX T

LIST OF WASTE HAULERS
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The following is a list of waste haulers that provide the service of grease interceptor waste cleaning, pumping, and removal. No recommendation or endorsement is made, intended, or implied by this list.

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

PDCA24-004, REGARDING ACCESSORY DWELLING UNITS AND JUNIOR

ACCESSORY DWELLING UNITS

CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council 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 March 18, 2025, the City Council introduced and waived further reading of an Ordinance Approving the Development Code Amendment. 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 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 727
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.

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 728
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. 729
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
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
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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 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.
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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 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 732
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.

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.
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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 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 1st day of April, 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 March 18, 2025 and adopted at the regular meeting held April 1, 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 April 1, 2025 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 739
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. 740
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).

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 30 741
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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Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-3 (Rev. 12.03.202403.18.2025)

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.

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.

C. Definitions. As used in this Section, the words or phrases listed below shall have the meanings thereafter specified:
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Division 5.03—Supplemental Land Use Regulations
(Rev. 12.03.202403.18.2025) Page 5.03-4 Ontario Development Code

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

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.

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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Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-5 (Rev. 12.03.202403.18.2025)

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, 749
Division 5.03—Supplemental Land Use Regulations
(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. 750
Division 5.03—Supplemental Land Use Regulations
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.

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. 751
Division 5.03—Supplemental Land Use Regulations
(Rev. 12.03.202403.18.2025) Page 5.03-8 Ontario Development Code

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.
752
Division 5.03—Supplemental Land Use Regulations
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.

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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Division 5.03—Supplemental Land Use Regulations
(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:

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.
754
Division 5.03—Supplemental Land Use Regulations
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.

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

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 756
Division 5.03—Supplemental Land Use Regulations
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.

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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Department: Planning
Prepared By: Robert Morales
Department:

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

PDCA24-001, TO IMPLEMENT OBJECTIVE DEVELOPMENT AND DESIGN

STANDARDS

CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:

CONSENT CALENDAR
RECOMMENDATION: That the City Council adopt an Ordinance approving File No. PDCA24-001, a Development Code Amendment, amending the reference document section of the City's Development Code, to implement Objective Development and Design Standards for multiple-family and mixed-use residential development.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT: There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS: On March 18, 2025, the City Council introduced and waived further reading of an Ordinance Approving the Development Code Amendment. On June 4, 2024, the City Council approved Ordinance No. 3275, an interim Urgency Ordinance that amended the Development Code to establish Objective Development and Design Standards. This action was taken to align with Housing Element Programs 9.19 and 9.21, as well as Government Code Section 65589.5, which mandates local governments to implement objective standards for streamlining housing project approvals while ensuring transparency and consistency. On August 20, 2024, the City Council approved Ordinance No. 3285, which extended Ordinance No. 3275. This extension provided staff with the necessary time to analyze and develop a permanent Ordinance.

The proposed Development Code Amendment is comprised of certain clarifications and revisions to the City of Ontario Development Code, generally described as follows:
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Amending the Reference document section of the City's Development Code, to implement Objective Development and Design Standards for multiple-family and mixed-use residential development.

The Objective standards refer to clear, measurable criteria such as building height limits, setbacks, and materials, which do not require subjective judgment. In response to these evolving State requirements, the City established more robust Objective Development and Design Standards (ODDS) to streamline housing development approvals and ensure a clear, consistent review process. These standards must be applied to applicable projects in accordance with state laws, including the State Density Bonus Law, Housing Accountability Act, Senate Bill 423 (previously Senate Bill 35), and Senate Bill 330, to promote transparency and facilitate efficient approvals.

The ODDS establishes standards for streamlined ministerial residential projects. All applicable projects under ODDS must adhere to architectural styles outlined in the standards to create unbiased criteria for efficient residential development approvals. ODDS encompass various residential types and establish development and design standards for multi-family and mixed-use areas that currently lack specific standards.

The Ordinance integrates ODDS for multi-family and mixed-use development types, including a compliance checklist and style sheet for various architectural styles. The checklist specifies minimum design requirements, while the style sheets depict both traditional and modern interpretations. Comprehensive numerical standards for setbacks, building heights, and additional criteria are defined for mixed-use and detached multi-family areas, in line with Housing Element Programs 9.19 and 9.21.

On February 25, 2025, the Planning Commission conducted a public hearing to consider the proposed Development Code Amendment. Upon the conclusion of the public hearing, the Planning Commission voted (4-0) to approve Resolution No. PC25-014, recommending that the City Council approve the proposed Development Code Amendment.

COMPLIANCE WITH THE ONTARIO PLAN (TOP): 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 TOP. Goals and policies of TOP that are furthered by the proposed Development Code Amendment are addressed in the attached Planning Commission backup material.

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

ENVIRONMENTAL REVIEW: The proposed Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the commonsense exemption (general rule) that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO PDCA24-001, A DEVELOPMENT

CODE AMENDMENT AMENDING THE REFERENCE DOCUMENT

SECTION OF THE CITY'S DEVELOPMENT CODE, TO IMPLEMENT

OBJECTIVE DEVELOPMENT AND DESIGN STANDARDS FOR

MULTIPLE-FAMILY AND MIXED-USE RESIDENTIAL DEVELOPMENT

AND MAKING FINDINGS IN SUPPORT THEREOF
WHEREAS, for the last several years, the State has enacted housing-related statutes that either limit or prohibit the use of local subjective standards for new development; and
WHEREAS, the City has historically regulated new housing development through a mix of subjective and objective standards to ensure that each project is reasonable and compatible with surrounding uses and City goals and objectives; and WHEREAS, the City’s current objective standards on their own are not sufficient to ensure that new housing development is reasonable or compatible; and WHEREAS, as state law has evolved to increasingly limit the City’s use of subjective standards, the need for more and more-thoughtful objective standards has become urgent; and
WHEREAS, specifically the approval of multiple-family residential and mixed-use residential development projects in various zoning districts based solely on the default standards currently in the City’s Development Code, without additional appropriate objective regulations governing project design, site planning, building massing, height, setback, landscape, building type, architectural review, and similar criteria, threatens to adversely impact the character of existing neighborhoods and to negatively impact property values, personal privacy, and fire safety; and WHEREAS, the City desires now to amend its local regulatory scheme to provide reasonable and appropriate objective standards, in compliance with state law and the City’s own adopted housing element; and
WHEREAS, as part of the implementation of the City’s Housing Element Update the City prepared this Development Code Amendment to implement multiple-family residential and mixed-use residential objective development and design standards consistent with the policy program for these standards; and WHEREAS, on June 4, 2024, the City Council of the City of Ontario held a public hearing to consider the Project and subsequently adopted an Urgency Ordinance with a 90-day duration; and
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WHEREAS, on August 20, 2024, the City Council of the City of Ontario conducted a public hearing and approved a nine-month extension of the Urgency Ordinance; and WHEREAS, the City is adopting an official Ordinance that will allow the City to respond and impose consistent development standards to address the anticipated increase in housing development project applications; 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 recommended that the City Council adopt the Ordinance; 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 ORDAINED by the City Council of the City of Ontario, as follows:

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

SECTION 2: Environmental Determination and Findings. Adoption of this Ordinance has been assessed under CEQA and is deemed exempt based on CEQA Guidelines Section 15183, as it involves the adoption and implementation of Design Standards. This falls under the exemption for Projects Consistent with a Community Plan, General Plan, or Zoning, as it directs staff to adopt standards aligned with the General Plan Housing Element policy for multiple-family residential development. The determination relies on Section 15004, providing guidance on the timing of environmental review. While projects using the Design Standards may need environmental documents, the adoption of Objective Development and Design Standards is exempt from CEQA as it won't significantly impact the environment. Staff recommends City Council acknowledge the exemption, accept the NOE, and instruct staff to file the document under CEQA and the CEQA Guidelines (14 CCR Section 1500 et seq.).

SECTION 3: General Plan Consistency. This Ordinance is, as a matter of law, consistent with the City's General Plan under the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan ("TOP"). More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:
(1) City Council Goals.
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 Invest in the Growth and Evolution of the City's Economy  Operate in a Businesslike Manner
(2) Vision.

Distinctive Development:
 Commercial and Residential Development
 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California.
(3) Policy Plan (General Plan)
Land Use Element:
 Goal LU-1 Balance. A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.  LU-1.1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.

Housing Element:
 Goal H-2 Housing Supply & Diversity. Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.
 H-2.5 Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices.  H-2.6 Infill Development. We support the revitalization of neighborhoods through the construction of higher-density residential developments on underutilized residential and commercial sites.

Community Economics Element:
 Goal CE-1 Complete Community: A complete community that provides for all incomes and stages of life.
 CE-1.6 Diversity of Housing. We collaborate with residents, housing providers, and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types 762
and price points to encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses.
 Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
 CE-2.1 Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community.
 CE-2.4 Protection of Investment. We require that new development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality.

Community Design Element:
 Goal CD-1 Image & Identity: A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.
 CD-1.1 City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods.  CD-1.2 Place Types. We establish Place Types in urban, mixed use, and transit-oriented areas to foster the City's identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities.  Goal CD-2 Design Quality. A high level of design quality resulting in neighborhoods, public spaces, parks, and streetscapes that are attractive, safe, functional, human-scale, and distinct.
 CD-2.1 Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
 Building volume, massing, and height to provide context-appropriate scale and proportion;
 A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and
 Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.
 CD-2.8 Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking 763
areas by avoiding physically and visually isolated spaces, maintaining visibility and accessibility, and using lighting.
 CD-2.9 Landscape Design. We encourage durable, sustainable, and drought-tolerant landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.
 CD-2.10 Parking Areas. We require all development, including single-family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:
 Structured parking: facade articulation, screening, appropriate lighting, and landscaping; and
 Garage parking: providing access to single-family residential garages through alley access, recessing garages from the frontage to emphasize front doors or active living spaces.
 Goal CD-3 Urban, Mixed Use, and Transit-Oriented Place Types: Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.  CD-3.4 Context-Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.
 CD-3.5 Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type).

SECTION 4: Code Amendment. The REFERENCE Section of the Ontario Development Code is hereby amended to read in its entirety as follows:

Reference J – Objective Development & Design Standards.

This section incorporates by reference the Objective Development and Design Standards, or “ODDS,” that are adopted and amended by the City Council by resolution. The ODDS are binding requirements and standards.

SECTION 5: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein 764
described changes that comprise the Development Code Amendment, and which are attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 6: Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.

SECTION 7: Severability. If any provision of this ordinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this extent, the provisions of this ordinance are severable. The City Council declares that it would have adopted this ordinance irrespective of the invalidity of any portion thereof.

SECTION 8: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 9: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 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 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
765

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

File No. PDCA24-001

OBJECTIVE DEVELOPMENT AND DESIGN STANDARDS FOR MULTIPLE-FAMILY

AND MIXED-USE DEVELOPMENT
(Ontario Development Code, Reference J)
767
City of Ontario
Residential Objective
Development & Design
Standards
March 18, 2025
768
Residential Objective Development & Design Standards

Page 2 of 78 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.3.5 Awning....................................................................................................................................... 60 769
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3.3.6 Canopy ..................................................................................................................................... 61

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

5.2 GLOSSARY OF TERMS ............................................................................................................................. 77 770
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5.3 CHECKLIST ............................................................................................................................................ 80 771
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Chapter 1: Introduction
Development and design standards regulate the intensity, style, size, and orientation of development. Objective design standards are quantifiable, verifiable, and measurable, offering a predictable and fair process for housing approvals. This document aims to streamline and endorse housing design that aligns with community consistency.

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

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

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

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

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

1.3 Applicability
In addition to any objective standards imposed through the underlying base zone, the ODDS document provides standards for housing developments limited to the following areas (refer to the Policy Plan Land Use Plan Exhibits LU-01, LU-04, and CD-01 and the official Zoning Map):
• Multiple-Family Development. Applies to all multiple-family residential categories as shown on Policy Plan Land Use Plan Exhibit LU-01 (LMDR, MDR, and HDR, and Mixed-Use land use designations).
• Mixed-Use Development. Applies to mixed-use categories as shown on Policy Plan Land Use Plan Exhibit LU-01and associated Place Types as shown on Exhibit CD-01. 772
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1.4 User guide

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

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

3. Select architecture (Chapter 4).

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

4. ODDS checklist.

Fill out the ODDS checklist.
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Chapter 2: Multiple Family Standards

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 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 (see Figure 2.1-1). 774
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Figure 2.1-1 Semi-subterranean parking
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Figure 2.1-3 Surface Parking Exhibit
B. Surface parking lot design
Surface parking lots shall be designed in compliance with the applicable standards contained in Division 6.03 (Off-Street Parking and Loading) of the Ontario Development Code, except as modified by the following:

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

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

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

C. Parking court design
Figure 2.1-2 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 2.1-2).
b. The parking court shall consist of only 1 parking bay, and this bay shall not exceed a maximum width of 62 feet.
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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 (see Figure 2.1-3).

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.

Figure 2.1-3 Parking structure and façade design

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

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

2. Access and visibility. At-grade open space shall be accessible and visible from the adjacent ground floor.
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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 or length.
ii. A ground-floor encroaching element shall be
allowed to project a maximum of 8 feet into the side
garden.

Figure 2.1-4 Forecourt
Figure 2.1-5 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.

Figure 2.1-6 Court Configuration
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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
Figure 2.1-7 Passage configuration
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
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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

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

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

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

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

3. Minimum Setback from Public
Alley Property Lines
5 feet

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

5. Minimum Setback from
Dwellings to Parking Spaces
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Requirements Development Type Additional
Regulations
Multiple-Family Residential
Mixed-Use Building Type
a. Living Area 10 feet
b. Garages and Other
Nonhabitable Structures
5 feet

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

7. Minimum Separation
Between Detached Buildings
a. Dwelling Front to Front < 2-Stories: 25 FT; > 3 Stories: 30 FT unless otherwise specified by Note 5 massing requirements ("Space between buildings") in Section

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

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

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

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

Note 5

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

9. Minimum Storage Space 240 CF Note 4

10. Maximum Street Façade
Height
a. Downtown District 45 feet Note 8
b. Other Districts & Corridors: n/a
c. Neighborhood Centers: 35 feet

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

12. Minimum Setback from Major
Pipelines
50 FT (to habitable structures) Note 7
Notes:

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

2. The density range shall be consistent with the underlying Mix-Used Category identified in Figure LU-04, Mixed Use Areas and defined in Table LU-02, Land Use Designations Summary Table, of the Policy Plan (General Plan). A density bonus and other incentives pursuant to GC Sections 65915 through 65918, may be granted by the Approving Authority. Refer to Development Code Subsection 6.01.010.H (Density Bonus and Other Incentives).
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3. A health risk assessment shall be required for multiple-family development projects located within 1,000 feet of a freeway, as determined by the Zoning Administrator.

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

5. Required building separation, and allowable heights may be differ based on massing type and adjacent uses. See Section 2.2.2 Building Types for additional information regarding building separation. See section 2.2.1 for standards adjusting allowable height. The following items are exceptions to height standards identified in this table and those noted in section 2.2.1:
a. Equipment. Chimneys, elevators, stairs, mechanical houses, screened vents, HVAC equipment, and solar panels may exceed California Building Code height limits.
b. Architectural Elements. Architectural elements such as spires, steeples, or roof lanterns may exceed height limits if consistent with the architectural style outlined in Chapter 4 of the ODDS.

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

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

8. In the Downtown District, the 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 outdoor spaces, 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.

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

2.2.1 Height Standards

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

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

2.2.2 Building Types

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. "Neighborhood" (applies to multiple-family development projects with fewer than 25 dwelling units per acre that include buildings with more than 5 units). c. "Housing" (applies to multiple-family development projects with fewer than 25 dwelling units per acre that include buildings with 5 or fewer units). 782
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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 787
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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

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. 792
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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. 794
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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. 797
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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. 799
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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

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

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 2.4 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 6 807
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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. 808
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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
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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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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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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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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 816
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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. 817
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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. 818
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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. 819
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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. 821
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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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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. 824
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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. 825
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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. 826
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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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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 830
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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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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 832
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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

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. 843
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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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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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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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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

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

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

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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.

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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

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.

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

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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

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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Urban – N/a
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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.

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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.

B. Windows and Doors

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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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4.1 Mission – Spanish Colonial Revival
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
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4.2 Craftsman

4.2.1 Form and Massing

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
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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
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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

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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

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

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
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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

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
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4.5.5 Decorative Details

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

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
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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
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Department: Financial Services
Prepared By: Cruz Torres
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Claudia Hernandez, Matthew
Hernandez
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 16
SUBJECT: A PUBLIC HEARING TO CONSIDER A RESOLUTION REGARDING THE FORMATION OF THE CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 73 (WILDFLOWER ACRES); ADOPTION OF A RESOLUTION DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS; AND INTRODUCTION OF AN ORDINANCE

LEVYING SPECIAL TAXES

CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council consider and:

A. Adopt a Resolution of Formation of Community Facilities District No. 73 (Wildflower Acres), proposing that the community facilities district be authorized to levy a special tax and proposing that an appropriations limit of the community facilities district be established; B. Adopt a Resolution deeming it necessary for the district to incur bonded indebtedness within Community Facilities District No. 73 (Wildflower Acres); C. Adopt a Resolution calling a special election for City of Ontario Community Facilities District No. 73 (Wildflower Acres);
D. Adopt a Resolution declaring the results of the special election and directing the recording of a Notice of Special Tax Lien;
E. Introduce and waive further reading of an Ordinance levying special taxes within City of Ontario Community Facilities District No. 73 (Wildflower Acres); F. Adopt a Resolution authorizing the execution and delivery of an acquisition and funding agreement with Pulte Home Company, LLC; and
G. Adopt a Resolution making a declaration of official intent to reimburse facilities expenditures with bond proceeds and related actions.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in 904
Ontario Ranch
FISCAL IMPACT: The use of Mello-Roos financing in the Wildflower Acres residential development is projected to generate approximately $445,357 per year, at buildout, to fund administrative fees and municipal services; and approximately $17.7 million in bond proceeds to be used to fund a portion of the public infrastructure improvements needed to serve the project. Mello-Roos bonds are not a direct obligation of the City and are paid from special taxes levied on each taxable parcel in the district; therefore, there is no fiscal impact to the General Fund from the issuance of MelloRoos bonds. City Council approval will be required to process annual special tax levies in future years.

BACKGROUND & ANALYSIS: The Mello-Roos Community Facilities Act of 1982 provides local government, with the consent from a majority of the property owners, the authority to establish community facilities districts for the purpose of levying special taxes to finance various kinds of public infrastructure facilities and municipal services. Under the Mello-Roos Act the initial steps in the formation of a community facilities district to finance public improvements and municipal services are to adopt resolutions declaring the intention to establish a community facilities district, authorize the levy of special taxes, and issue bonds. Accordingly, on February 18, 2025, the City Council approved Resolution No. 2025-002, a Resolution of Intention to establish City of Ontario Community Facilities District No. 73 (Wildflower Acres) and authorize the levy of special taxes; and Resolution No. 2025-003 declaring the City Council's intention to issue bonds for the district. The Resolution of Intention set the public hearing date for the regularly scheduled City Council meeting on April 1, 2025, to consider formation matters.

In the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony ("First Amended and Restated Construction Agreement") between the City of Ontario and NMC Builders, LLC, the City agreed to cooperate with the members of NMC Builders, LLC in the formation of community facilities districts to assist in the financing of the public improvements included in the agreement.

The Wildflower Acres project is approximately 31.18 gross acres located south of Ontario Ranch Road, north of Eucalyptus Avenue, west of Hamner Avenue, and east of Clifton Avenue. At buildout, the project is expected to include 333 residential units consisting of 177 single-family units and 156 attached units.

Included, as part of the Resolution of Formation is the proposed Rate and Method of Apportionment of Special Tax for the District. Under the proposed Rate and Method of Apportionment, the portion of the maximum annual special tax rates which will be used to fund debt service payments on the bonds is fixed and will not increase over time. As proposed, the amount of bonds authorized for the district ($70 million) is set intentionally higher than the current estimated bond amount (approximately $17.7 million) in order to allow future City Council the option, without increasing the amount of the annual special taxes, to issue additional bonds to replace and/or construct new public infrastructure improvements in the future, or to fund municipal services. The term and structure of the Rate and Method of Apportionment of Special Tax for the Wildflower Acres project is consistent with those of previously adopted Rates and Methods of Apportionment for Ontario Ranch community facilities districts. This ensures that the special tax rates levied on all residential property owners in community facilities districts in Ontario Ranch are 905
developed in a consistent and equivalent manner. In addition, under the provisions of the MelloRoos Act, to ensure that home buyers are making an informed decision, all residential builders in the Ontario Ranch districts are required to disclose the maximum annual special tax amount to each homeowner before entering into a sales contract.

Attached are six Resolutions and an Ordinance. The first attached Resolution establishes the community facilities district, with the rate and method of apportionment of special taxes, and authorizes the levy of special taxes within the district. The second attached Resolution deeming it necessary to incur bonded indebtedness for the district. The third attached Resolution calls for a special landowner election to be held on April 1, 2025. The fourth attached Resolution declares the results of the election, including a statement from the City Clerk as to the canvass of ballots, and directs the recording of the Notice of Special Tax Lien. The fifth attached Resolution authorizes the acquisition and funding agreement. The sixth resolution declares the intent to reimburse facilities expenditures with bond proceeds and related actions. The attached Ordinance authorizes the levying of special taxes.
906
RESOLUTION NO. ________

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

CALIFORNIA, OF FORMATION OF CITY OF ONTARIO COMMUNITY
FACILITIES DISTRICT NO. 73 (WILDFLOWER ACRES), PROPOSING

THAT THE COMMUNITY FACILITIES DISTRICT BE AUTHORIZED TO

LEVY A SPECIAL TAX AND PROPOSING THAT AN APPROPRIATIONS

LIMIT OF THE COMMUNITY FACILITIES DISTRICT BE ESTABLISHED WHEREAS, on February 18, 2025, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 73 (Wildflower Acres) and to Authorize the Levy of a Special Tax Therein” (the “Resolution of Intention”), stating its intention to establish City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”), to authorize the Community Facilities District to levy a special tax within the Community Facilities District for the purpose of financing certain public facilities and services and setting the date for a public hearing to be held on the establishment of the Community Facilities District; and WHEREAS, pursuant to the Resolution of Intention, notice of said public hearing was published in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; and WHEREAS, on this date, the City Council opened, conducted and closed said public hearing; and
WHEREAS, pursuant to the Resolution of Intention, each officer of the City who is or will be responsible for providing one or more of the proposed types of public facilities or services to be financed by the Community Facilities District was directed to study, or cause to be studied, the proposed Community Facilities District and, at or before said public hearing, file a report with the City Council containing a brief description of the public facilities and services by type that will in his or her opinion be required to adequately meet the needs of the Community Facilities District, and his or her estimate of the cost of providing such public facilities and services; such officers were also directed to estimate the fair and reasonable cost of the public facilities proposed to be purchased as completed public facilities and of the incidental expenses proposed to be paid; and WHEREAS, said report was so filed with the City Council and made a part of the record of said public hearing; and
WHEREAS, at the hearing, the testimony of all persons for or against the establishment of the Community Facilities District, the extent of the Community Facilities District and the furnishing of the specified types of public facilities and services was heard; and
907
WHEREAS, written protests against the establishment of the Community Facilities District, the furnishing of any specified type or types of facilities and services within the Community Facilities District or the levying of a specified special tax were not made or filed at or before said hearing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the special tax; and
WHEREAS, there has been filed with the City Clerk of the City a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the proposed Community Facilities District as of March 3, 2025, which demonstrates that 12 or more persons have not been registered to vote within the territory of the proposed Community Facilities District for each of the 90 days preceding the close of said public hearing; and
WHEREAS, Section 53314.9 of the Act provides that, at any time either before or after the formation of a community facilities district, the legislative body may accept advances of funds from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds for any authorized purpose, including, but not limited to, paying any cost incurred by the local agency in creating a community facilities district; and
WHEREAS, Section 53314.9 of the Act further provides that the legislative body may enter into an agreement, by resolution, with the person or entity advancing the funds, to repay all or a portion of the funds advanced, as determined by the legislative body, with or without interest, under all the following conditions: (a) the proposal to repay the funds is included in both the resolution of intention to establish a community facilities district adopted pursuant to Section 53321 of the Act and in the resolution of formation to establish a community facilities district pursuant to Section 53325.1 of the Act, (b) any proposed special tax is approved by the qualified electors of the community facilities district pursuant to the Act, and (c) any agreement shall specify that if the qualified electors of the community facilities district do not approve the proposed special tax, the local agency shall return any funds which have not been committed for any authorized purpose by the time of the election to the person or entity advancing the funds; and WHEREAS, the City and Pulte Home Company, LLC (“Pulte Home Company”), have entered into the Deposit and Reimbursement Agreement, dated as of December 1, 2023 (the “Deposit Agreement”), that provides for the advancement of funds by Pulte Home Company to be used to pay costs incurred in creating the Community Facilities District and the incurrence of bonded indebtedness thereby, and provides for the repayment to Pulte Home Company of such funds advanced, without interest, from the proceeds of any such bonded indebtedness incurred by the Community Facilities District; and
WHEREAS, the City desires to include in this Resolution, in accordance with Section 53314.9 of the Act, the proposal to repay funds pursuant to the Deposit Agreement;
908
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

SECTION 2. The Community Facilities District is hereby established.

SECTION 3. The name for the Community Facilities District is “City of Ontario Community Facilities District No. 73 (Wildflower Acres).” SECTION 4. The public facilities (the “Facilities”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Facilities” on Exhibit A hereto, which is by this reference incorporated herein. Those Facilities proposed to be purchased as completed public facilities are identified under the caption “Facilities to be Purchased” on Exhibit A hereto. The services (the “Services”) proposed to be financed by the Community Facilities District pursuant to the Act are described under the caption “Services” on Exhibit A hereto. The incidental expenses proposed to be incurred are identified under the caption “Incidental Expenses” on Exhibit A hereto. All or any portion of the Facilities may be financed through a financing plan, including, but not limited to, a lease, lease-purchase or installment-purchase arrangement.

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

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

SECTION 7. The Special Tax may only finance the Services to the extent that they are in addition to those provided in the territory of the Community Facilities District before the date the Community Facilities District is created. The Services may not supplant services already available within that territory when the Community Facilities District is created. Bonds of the Community Facilities District may not be issued to fund any of the Services.
909
SECTION 8. The tax year after which no further Special Tax to pay for Facilities shall be levied against any parcel used for private residential purposes is specified in the Rate and Method. Under no circumstances shall the Special Tax to pay for Facilities in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner or owners of any other parcel or parcels within the Community Facilities District by more than 10% above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. For purposes of this paragraph, a parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit for private residential use is issued. The Special Tax to pay for Services will be levied in perpetuity, as provided in the Rate and Method.

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

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

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

SECTION 12. The boundary map of the Community Facilities District has been recorded in San Bernardino County in Book 92 at Page 27 of Maps of Assessments and Community Facilities Districts in the San Bernardino County Recorder’s Office (Document No. 2025-0038619).

SECTION 13. The City Council proposes that the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the Community Facilities District be established at $70,000,000. 910
SECTION 14. Pursuant to the provisions of the Act, the propositions to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District specified above shall be subject to the approval of the qualified electors of the Community Facilities District at a special election. The City Council hereby finds and determines that no persons were registered to vote within the territory of the proposed Community Facilities District as of March 3, 2025, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the establishment of the Community Facilities District.

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

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

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

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

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

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

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
911
PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
912

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Resolution No. 2025- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held April 1, 2025 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
The foregoing is the original of Resolution No. 2025- duly passed and adopted by the Ontario City Council at their regular meeting held April 1, 2025. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
913

EXHIBIT A

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

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

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

Incidental Expenses
The incidental expenses proposed to be incurred include the following:
(a) the cost of planning and designing public facilities to be financed, including the cost of environmental evaluations of those facilities; (b) the costs associated with the creation of the Community Facilities District, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the Community Facilities District; and (c) any other expenses incidental to the construction, completion, and inspection of the authorized work.
914

EXHIBIT B

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
915
City of Ontario CFD No. 73 1 November 26, 2024

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73
(WILDFLOWER ACRES)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Special Taxes shall be levied on all Assessor’s Parcels in the City of Ontario Community Facilities District No. 73 (Wildflower Acres) (“CFD No. 73”) and collected each Fiscal Year, commencing in Fiscal Year 2025-26, in an amount determined by the City Council of the City of Ontario through the application of the Rate and Method of Apportionment, as described below.

All of the real property in CFD No. 73, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, or other recorded County map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 73: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 73 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City or CFD No. 73 of complying with arbitrage rebate requirements; the costs to the City or CFD No. 73 of complying with City, CFD No. 73, or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 73 related to the analysis and reduction, if any, of the Special Tax A on Single Family Property in accordance with Section C.1 herein; the costs of the City or CFD No. 73 related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead relating to CFD No. 73; and amounts estimated or advanced by the City or CFD No. 73 for any other administrative purposes of the CFD, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. 916
City of Ontario CFD No. 73 2 November 26, 2024
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification. “Assigned Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.2 below. “Backup Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.3 below. “Bonds” means any bonds or other debt (as defined in Section 53317(d) of the Act) issued by CFD No. 73 under the Act and payable from Special Tax A. “Buildable Lot” means an individual lot, within a Final Subdivision Map or an area expected by CFD No. 73 to become Final Mapped Property, such as the area within a Tentative Tract Map, for which a building permit may be issued without further subdivision of such lot.
“CFD Administrator” means an official of the City responsible for determining the Special Tax A Requirement and Special Tax B Requirement, providing for the levy and collection of the Special Taxes, and performing the other duties provided for herein. “CFD No. 73” means City of Ontario Community Facilities District No. 73 (Wildflower Acres).
“City” means the City of Ontario, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 73.
“Contractual Impositions” means (a) a voluntary contractual assessment established and levied on an Assessor’s Parcel pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq.), as amended from time to time, (b) a special tax established and levied on an Assessor’s Parcel pursuant to Section 53328.1 of the California Government Code and related provisions of the Act, as amended from time to time, and (c) any other fee, charge, tax, or assessment established and levied on an individual Assessor’s Parcel pursuant to a contractual agreement or other voluntary consent by the owner thereof (e.g., property owner association assessments).
“County” means the County of San Bernardino.
917
City of Ontario CFD No. 73 3 November 26, 2024
“Designated Buildable Lot” means a Buildable Lot for which a building permit has not been issued by the City as of the date of calculation of the Backup Special Tax A. “Developed Property” means for each Fiscal Year, all Taxable Property, exclusive of Final Mapped Property, Taxable Property Owner Association Property, and Taxable Public Property, for which a building permit or other applicable permit for new construction was issued after January 1, 2024, and before May 1 of the prior Fiscal Year. “Expected Residential Lot Count” means 156 Buildable Lots of Single Family Attached Property and 177 Buildable Lots of Single Family Detached Property, or, as determined by the CFD Administrator, the number of Buildable Lots of Single Family Property based on the most recent Tentative Tract Map(s) or most recently recorded Final Subdivision Map(s) or modified Final Subdivision Map(s). “Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 73.
“Final Mapped Property” means, for each Fiscal Year, all Taxable Property, exclusive of Developed Property, Taxable Property Owner Association Property, and Taxable Public Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision Map. The term Final Mapped Property shall include any parcel map or Final Subdivision Map, or portion thereof, that creates individual lots for which a building permit may be issued, including Parcels that are designated as a remainder Parcel (i.e., one where the size, location, etc., precludes any further subdivision or taxable use).
“Final Subdivision Map” means a final tract map, parcel map, or lot line adjustment approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or a condominium plan recorded pursuant to California Civil Code Section 4285 that, in either case, creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Gated Community Attached Dwelling Unit” means, with respect to Special Tax B, a Unit within any residential building containing two or more dwelling units (including attached condominiums, townhouses, duplexes, triplexes, and apartments) within a gated community that, within such community, is primarily served by private interior streets. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time.
“Land Use Class” means any of the classes listed in Tables 1 and 2 below. “Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 73 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and 918
City of Ontario CFD No. 73 4 November 26, 2024
Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.
“Maximum Special Tax A” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax A determined in accordance with Section C.1 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Maximum Special Tax B” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax B determined in accordance with Section C.2 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Minimum Sale Price” means the minimum price at which Units of a given Land Use Class have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Class. “Multiple Family Dwelling Unit” means, with respect to Special Tax B, a Unit within any residential building containing two or more dwelling units, including attached condominiums, townhomes, duplexes, triplexes, and apartments, but excluding Gated Community Attached Dwelling Units.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued by the City permitting the construction of one or more non-residential structures or facilities.
“Other Residential Property” means, with respect to Special Tax A, all Assessor’s Parcels of Developed Property for which a building permit was issued by the City for purposes of constructing Units, excluding Single Family Attached Property and Single Family Detached Property.
“Outstanding Bonds” means all Bonds which are outstanding under and in accordance with the provisions of the Indenture.
“Price Point Consultant” means any consultant or firm of such consultants selected by CFD No. 73 that (a) has substantial experience in performing price point studies for residential units within community facilities districts established under the Act or otherwise estimating or confirming pricing for residential units in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of residential units in such community facilities districts, (c) is in fact independent and not under the control of CFD No. 73 or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) CFD No. 73, (ii) the City, (iii) any owner of real property in CFD No. 73, or (iv) any real property in CFD No. 73, and (e) is not connected with CFD No. 73 or the City as an officer or employee thereof, but who may be regularly retained to make reports to CFD No. 73 or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C herein. 919
City of Ontario CFD No. 73 5 November 26, 2024
“Property Owner Association Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 73 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. “Proportionately” means (a) for Developed Property in the first step of Section D.1 below, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Developed Property; however, for Developed Property in the fourth step of Section D.1 below, Proportionately means that the amount of the increase above the Assigned Special Tax A, if necessary, is equal for all Assessor’s Parcels of Developed Property, except that if the Backup Special Tax A limits the increase on any Assessor’s Parcel(s), then the amount of the increase shall be equal for the remaining Assessor’s Parcels; (b) with respect to Special Tax B, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is equal for all Assessor’s Parcels of Developed Property; (c) for Final Mapped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Final Mapped Property; (d) for Undeveloped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Undeveloped Property; (e) for Taxable Property Owner Association Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Property Owner Association Property; and (f) for Taxable Public Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Public Property. “Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 73 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right-of-way that makes impractical its use for any purpose other than that set forth in such easement; provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax.
“Residential Floor Area” means all of the Square Footage of living area within the perimeter of a Unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be as set forth in the building permit(s) issued for such Assessor’s Parcel, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 73. The actual Square Footage shall be rounded up to the next whole square foot. Once such determination has been made for an Assessor’s Parcel, it shall remain fixed in all future Fiscal Years unless an appeal pursuant to Section F below is approved that results in a change in the actual Square Footage. “Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2024, and before May 1 of the prior Fiscal Year.
920
City of Ontario CFD No. 73 6 November 26, 2024
“Services” means the services authorized to be financed, in whole or in part, by CFD No.

73. “Single Family Attached Property” means all Assessor’s Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures within a condominium project as defined in Civil Code Section 4125. “Single Family Detached Dwelling Unit” means, with respect to Special Tax B, a Unit of Single Family Detached Property.
“Single Family Detached Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for construction of a Unit, on one legal lot, that does not share a common wall with another Unit. “Single Family Property” means all Assessor’s Parcels of Single Family Attached Property and Single Family Detached Property.
“Special Taxes” means, collectively, Special Tax A and Special Tax B. “Special Tax A” means the special tax authorized by the qualified electors of CFD No. 73 to be levied within the boundaries of CFD No. 73 to pay for Facilities and Services. “Special Tax A Requirement” means for any Fiscal Year that amount required, after taking into account available amounts held in the funds and accounts established under the Indenture, for CFD No. 73 to: (i) pay debt service on all Outstanding Bonds which is due in the calendar year that commences in such Fiscal Year; (ii) pay periodic costs on the Bonds, including, but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay a pro rata share of Administrative Expenses; (iv) provide any amounts required to establish or replenish any reserve fund for the Bonds; (v) pay directly for acquisition or construction of Facilities, or the cost of Services, to the extent that the inclusion of such amounts does not increase the Special Tax A levy on Final Mapped Property or Undeveloped Property; and (vi) provide an amount equal to Special Tax A delinquencies based on the historical delinquency rate for Special Tax A as determined by the CFD Administrator.
“Special Tax B” means the special tax authorized by the qualified electors of CFD No. 73 to be levied within the boundaries of CFD No. 73 to pay for Services. “Special Tax B Requirement” means for any Fiscal Year that amount required, after taking into account available amounts in any funds and accounts established to pay for Services, to pay the cost of Services, a pro rata share of Administrative Expenses, and an 921
City of Ontario CFD No. 73 7 November 26, 2024
amount equal to Special Tax B delinquencies based on the historical delinquency rate for Special Tax B as determined by the CFD Administrator.
“Square Footage” or “Sq. Ft.” means the floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 73, issued for construction of Residential Property or Non-Residential Property, plus any square footage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building. “State” means the State of California.
“Taxable Property” means, for each Fiscal Year, all of the Assessor’s Parcels within the boundaries of CFD No. 73 that are not exempt from the Special Taxes pursuant to law or Section E below.
“Taxable Property Owner Association Property” means, for each Fiscal Year, all Assessor’s Parcels of Property Owner Association Property that are not exempt from the Special Taxes pursuant to Section E below.
“Taxable Public Property” means, for each Fiscal Year, all Assessor’s Parcels of Public Property that are not exempt from the Special Taxes pursuant to law or Section E below. “Tentative Tract Map” means a map: (i) showing a proposed subdivision of an Assessor’s Parcel(s) and the conditions pertaining thereto; (ii) that may or may not be based on a detailed survey; and (iii) that is not recorded by the County to create legal lots. “Total Tax Burden” means, for a Unit within a Land Use Class, for the Fiscal Year in which the Total Tax Burden is being calculated, the sum of (a) the Assigned Special Tax A for such Land Use Class for such Fiscal Year, plus (b) the Special Tax B for such Land Use Class for such Fiscal Year, plus (c) the ad valorem property taxes, special assessments, special taxes for any overlapping community facilities districts, and any other governmental fees, charges (other than fees or charges for services such as sewer and trash), taxes, and assessments (which do not include Contractual Impositions) collected by the County on ad valorem tax bills, plus (d) property owner association assessments (but excluding the refuse collection portion of such assessments), and that the CFD Administrator estimates would be levied or imposed on such Unit in such Fiscal Year if the residential dwelling unit thereon or therein had been completed and sold, and was subject to such fees, charges, taxes, and assessments in such Fiscal Year.
“Trustee” means the trustee or fiscal agent under the Indenture. “TTM 20451” means Tentative Tract Map No. 20451, the area of which is located within CFD No. 73.
922
City of Ontario CFD No. 73 8 November 26, 2024
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Mapped Property, Taxable Public Property, or Taxable Property Owner Association Property.
“Unit” means an individual single-family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, beginning with Fiscal Year 2025-26, all Taxable Property within CFD No. 73 shall be classified as Developed Property, Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, or Undeveloped Property, and shall be subject to Special Taxes in accordance with the Rate and Method of Apportionment as determined pursuant to Sections C and D below.

Assessor’s Parcels of Developed Property shall be further classified as: Single Family Property (and further classified as Single Family Attached Property or Single Family Detached Property, as needed) or Other Residential Property (for Special Tax A); Single Family Detached Dwelling Unit, Multiple Family Dwelling Unit, or Gated Community Attached Dwelling Unit (for Special Tax B); or Non-Residential Property. For Special Tax A, Assessor’s Parcels of Single Family Attached Property shall be assigned to Land Use Classes 1 through 5, and Single Family Detached Property shall be assigned to Land Use Classes 6 through 12, as listed in Table 1 below based on the Residential Floor Area of the Units on such Assessor’s Parcels. Also for Special Tax A, Other Residential Property and Non-Residential Property shall be assigned to Land Use Classes 13 and 14, respectively.

C. MAXIMUM SPECIAL TAX

1. Special Tax A
At least 30 days prior to the issuance of Bonds, the Assigned Special Tax A on Developed Property (set forth in Table 1 below) shall be analyzed in accordance with and subject to the conditions set forth in this Section C. At such time, CFD No. 73 shall select and engage a Price Point Consultant and the CFD Administrator shall request the Price Point Consultant to prepare a Price Point Study setting forth the Minimum Sale Price of Units within each Land Use Class.

If based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden, excluding property owner association assessments, applicable to Units within one or more Land Use Classes of Single Family Property to be constructed within CFD No. 73 exceeds 1.95% of the Minimum Sale Price of such Units, the Assigned Special Tax A shall be reduced to the extent necessary to cause the Total Tax Burden, excluding property owner association assessments, that shall apply to Units within such Land Use Class(es) not to exceed 1.95% of the Minimum Sale Price of such Units.
923
City of Ontario CFD No. 73 9 November 26, 2024
Each Assigned Special Tax A reduction for a Land Use Class shall be calculated by the CFD Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Classes. In connection with any reduction in the Assigned Special Tax A, the Backup Special Tax A shall also be reduced by the CFD Administrator based on the percentage reduction in Maximum Special Tax A revenues within the Tentative Tract Map area(s) where the Assigned Special Tax A reductions occurred. Upon determining the reductions, if any, in the Assigned Special Tax A and Backup Special Tax A required pursuant to this Section C, the CFD Administrator shall complete the Certificate of Modification of Special Tax substantially in the form attached hereto as Exhibit A (the “Certificate of Modification”), shall execute such completed Certificate of Modification, and shall deliver such executed Certificate of Modification to CFD No. 73. Upon receipt thereof, if in satisfactory form, CFD No. 73 shall execute such Certificate of Modification. The reduced Assigned Special Tax A and Backup Special Tax A specified in such Certificate of Modification shall become effective upon the execution of such Certificate of Modification by CFD No. 73.

The Special Tax A reductions required pursuant to this section shall be reflected in an amended notice of Special Tax lien, which CFD No. 73 shall cause to be recorded with the County Recorder as soon as practicable after execution of the Certificate of Modification by CFD No. 73. The reductions in this section apply to Single Family Property, but not to Other Residential Property or NonResidential Property. a. Developed Property
1) Maximum Special Tax A
The Maximum Special Tax A that may be levied in any Fiscal Year for each Assessor’s Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax A or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax A shall not increase in future years, other than as calculated pursuant to Section C.1.a.3 below.
2) Assigned Special Tax A
The Assigned Special Tax A that may be levied in any Fiscal Year for each Land Use Class is shown below in Table 1.
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City of Ontario CFD No. 73 10 November 26, 2024
TABLE 1
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
3) Backup Special Tax A
The Backup Special Tax A shall be $4,127 per Unit of Single Family Attached Property and $5,201 per Unit of Single Family Detached Property. However, if the Expected Residential Lot Count for Single Family Attached Property does not equal 156 and for Single Family Detached Property does not equal 177, and the City has not issued Bonds, then the Backup Special Tax A for Designated Buildable Lots of Single Family Attached Property and Single Family Detached Property shall be calculated according to the following formulas:

Attached = $643,798  Expected Residential Lot
Count for Single Family Attached
Property
Detached = $920,551  Expected Residential Lot
Count for Single Family Detached
Property
Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
1 Single Family Attached Property < 1,401 $3,280 per Unit 2 Single Family Attached Property 1,401 – 1,500 $3,877 per Unit 3 Single Family Attached Property 1,501 – 1,600 $4,101 per Unit 4 Single Family Attached Property 1,601 – 1,700 $4,336 per Unit 5 Single Family Attached Property > 1,700 $4,491 per Unit 6 Single Family Detached Property < 1,501 $4,192 per Unit 7 Single Family Detached Property 1,501 – 1,700 $4,447 per Unit 8 Single Family Detached Property 1,701 – 1,900 $4,757 per Unit 9 Single Family Detached Property 1,901 – 2,100 $5,241 per Unit 10 Single Family Detached Property 2,101 – 2,300 $5,466 per Unit 11 Single Family Detached Property 2,301 – 2,500 $5,903 per Unit 12 Single Family Detached Property > 2,500 $6,025 per Unit 13 Other Residential Property $97,705 per Acre
14 Non-Residential Property $97,705 per Acre
925
City of Ontario CFD No. 73 11 November 26, 2024
If any portion of a Final Subdivision Map, or any area expected by CFD No. 73 to become Final Mapped Property – such as the area within TTM 20451, or any other Tentative Tract Map – changes any time after the City has issued Bonds, causing an adjustment to the number of Designated Buildable Lots, then the Backup Special Tax A for all Designated Buildable Lots of Single Family Property subject to the change shall be calculated according to the following steps:

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

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

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

The Backup Special Tax A for an Assessor’s Parcel shall not change once an Assessor’s Parcel is classified as Developed Property.
b. Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, and Undeveloped Property
The Maximum Special Tax A for Final Mapped Property, Taxable Public Property, Taxable Property Owner Association Property, and Undeveloped Property shall be $97,705 per Acre, and shall not be subject to increase or reduction and, therefore, shall remain the same in every Fiscal Year.

2. Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel classified as Developed Property shall be determined by reference to Table 2 below. 926
City of Ontario CFD No. 73 12 November 26, 2024
TABLE 2
MAXIMUM SPECIAL TAX B – DEVELOPED PROPERTY
Land Use Class Maximum Special Tax B
Fiscal Year 2025-26
Residential Property
Single Family Detached Dwelling Unit $1,426.38 per Unit Multiple Family Dwelling Unit $1,236.46 per Unit
Gated Community Attached Dwelling Unit $1,036.38 per Unit Non-Residential Property $0.260110 per Sq. Ft.

On January 1 of each Fiscal Year, commencing January 1, 2026, the Maximum Special Tax B to be applied in the next Fiscal Year shall be subject to an automatic increase at a rate equal to 4.0% of the amount in effect for the prior Fiscal Year.

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

4. Developed Property Special Tax Obligation
Once an Assessor’s Parcel has been taxed in any Fiscal Year as Developed Property, the Assessor’s Parcel shall continue to be taxed as Developed Property regardless of changes to or expiration of the original building permit, and regardless of revisions to or destruction of the structure that was, or was expected to be, constructed pursuant to the original building permit. 927
City of Ontario CFD No. 73 13 November 26, 2024
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

1. Special Tax A
Each Fiscal Year, beginning with Fiscal Year 2025-26, the CFD Administrator shall determine the Special Tax A Requirement for such Fiscal Year. The Special Tax A shall then be levied as follows:

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

Notwithstanding the above, under no circumstances shall Special Tax A levied in any Fiscal Year on any Assessor’s Parcel of Single Family Property or Other Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of delinquency or default by the owner or owners of any other Assessor’s Parcel or Assessor’s Parcels within CFD No. 73 by more than ten percent above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults.
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City of Ontario CFD No. 73 14 November 26, 2024

2. Special Tax B
Each Fiscal Year, beginning with Fiscal Year 2025-26, the CFD Administrator shall determine the Special Tax B Requirement. The Special Tax B shall then be levied Proportionately on each Assessor’s Parcel of Developed Property up to 100% of the applicable Maximum Special Tax B for such Assessor’s Parcel, until the Special Tax B Requirement is satisfied. However, the Special Tax B levied in any Fiscal Year shall not increase by more than 4.0% of the amount of the Special Tax B levied in the prior Fiscal Year.

E. EXEMPTIONS
No Special Tax shall be levied on up to 2.27 Acres of Public Property and up to 11.13 Acres of Property Owner Association Property. Tax-exempt status will be assigned by the CFD Administrator in the chronological order in which property becomes Public Property or Property Owner Association Property.

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

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

F. APPEALS
Any property owner may file a written appeal of the Special Tax with CFD No. 73 claiming that the amount or application of the Special Tax is not correct. The appeal must be filed not later than one calendar year after having paid the Special Tax that is disputed, and the appellant must be current in all payments of Special Taxes. In addition, during the term of the appeal process, all Special Taxes levied must be paid on or before the payment date established when the levy was made.

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

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD 929
City of Ontario CFD No. 73 15 November 26, 2024
Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies).

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

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

H. PREPAYMENT OF SPECIAL TAX A
The following definitions apply to this Section H:
“CFD Public Facilities” means $19,744,000 for each Prepayment Period, or such lower number as determined by the City Council to be sufficient to fund the Facilities and Services to be provided by CFD No. 73.
“Expenditures Fund” means funds or accounts, regardless of their names, that are established to hold moneys that are available to acquire or construct Facilities and to fund Services.
“Future Facilities Costs” means the CFD Public Facilities minus (i) Facilities and Services costs previously paid from the Expenditures Fund during the Prepayment Period in which the prepayment is being made, (ii) moneys currently on deposit in the Expenditures Fund from deposits made during the Prepayment Period in which the prepayment is being made, and (iii) moneys currently on deposit in an escrow fund that are expected to be available to finance Facilities costs. In no event shall the amount of Future Facilities Costs be less than zero.
“Prepayment Period” means one of three periods of time during which a Special Tax prepayment may be made.
“Prepayment Period 1” means July 1, 2025, through June 30, 2059. “Prepayment Period 2” means July 1, 2059, through June 30, 2092. “Prepayment Period 3” means July 1, 2092, through June 30, 2126.

Only Special Tax A may be prepaid; Special Tax B shall continue to be levied on an annual basis on all Developed Property in CFD No. 73.
930
City of Ontario CFD No. 73 16 November 26, 2024

1. Prepayment in Full
The obligation of an Assessor's Parcel to pay the Special Tax A may be prepaid as described herein, provided that a prepayment may be made only for Assessor’s Parcels for which a building permit for new construction was issued after January 1, 2024, and only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Special Tax A obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount for such Assessor's Parcel. The CFD Administrator may charge a fee for providing this service. Prepayment in any six month period must be made not less than 45 days prior to the next occurring date that notice of redemption of Bonds from the proceeds of such prepayment may be given to the Trustee pursuant to the Indenture.

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

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

Paragraph No.

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

2. Compute the Assigned Special Tax A and Backup Special Tax A for the Assessor’s Parcel to be prepaid based on the Developed Property Special Tax A which is, or could be, charged in the current Fiscal Year. For Assessor’s Parcels of Final Mapped Property (for which a building permit has been issued but which is not yet classified as Developed Property) to be prepaid, compute the Assigned Special Tax A and Backup Special Tax A for that Assessor’s Parcel as though it was already designated as Developed Property, based upon the building permit which has already been issued for that Assessor’s Parcel.

3. (a) Divide the Assigned Special Tax A computed pursuant to Paragraph 2 by the total estimated Assigned Special Tax A for CFD No. 73 based on the Developed Property Special Tax A which could be charged in the current Fiscal Year on all 931
City of Ontario CFD No. 73 17 November 26, 2024
expected development through buildout of CFD No. 73, excluding any Assessor’s Parcels which have been prepaid, and
(b) Divide the Backup Special Tax A computed pursuant to Paragraph 2 by the estimated total Backup Special Tax A at buildout of CFD No. 73, excluding any Assessor’s Parcels which have been prepaid.

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

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

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

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

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

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

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

11. Verify the administrative fees and expenses of CFD No. 73, including the costs to compute the prepayment, the costs to invest the prepayment proceeds, the costs to redeem Bonds, and the costs to record any notices to evidence the prepayment and the redemption (the “Administrative Fees and Expenses”).

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

13. The Special Tax A prepayment is equal to the sum of the amounts computed pursuant to Paragraphs 4, 5, 7, 10, and 11, less the amount computed pursuant to Paragraph 12 (the “Prepayment Amount”).
932
City of Ontario CFD No. 73 18 November 26, 2024

14. From the Prepayment Amount, the amounts computed pursuant to Paragraphs 4, 5, 10, and 12 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to Paragraph 7 shall be deposited into the Expenditures Fund. The amount computed pursuant to Paragraph 11 shall be retained by CFD No. 73.

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

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

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

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

Notwithstanding the foregoing, no Special Tax A prepayment shall be allowed unless the amount of Maximum Special Tax A that may be levied on Taxable Property within CFD No. 73 (after excluding 2.27 Acres of Public Property and 11.13 Acres of Property Owner Association Property) both prior to and after the proposed prepayment is at least

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

2. Prepayment in Part
The Special Tax A on an Assessor’s Parcel for which a building permit for new construction was issued after January 1, 2024, may be partially prepaid. The amount of the prepayment shall be calculated as in Section H.1, except that a partial prepayment shall be calculated by the CFD Administrator according to the following formula:

PP = (PF – AE) x % + AE.
933
City of Ontario CFD No. 73 19 November 26, 2024
The terms above have the following meaning:

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

The owner of any Assessor’s Parcel who desires such prepayment shall notify the CFD Administrator of such owner’s intent to partially prepay Special Tax A and the percentage by which Special Tax A shall be prepaid. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of Special Tax A for an Assessor’s Parcel within thirty (30) days of the request and may charge a fee for providing this service. With respect to any Assessor’s Parcel that is partially prepaid, the CFD Administrator shall (i) distribute the remitted prepayment funds according to Section H.1, and (ii) indicate in the records of CFD No. 73 that there has been a partial prepayment of Special Tax A and that a portion of Special Tax A with respect to such Assessor’s Parcel, equal to the outstanding percentage (100% - “%”, as defined above) of the Maximum Special Tax A, shall continue to be levied on such Assessor’s Parcel pursuant to Section D during the Prepayment Period in which the partial prepayment is made.

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

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

I. TERM OF SPECIAL TAX
The Fiscal Year after which no further Special Tax A shall be levied or collected is Fiscal Year 2125-2126, except that Special Tax A that was lawfully levied in or before such Fiscal Year and that remains delinquent may be collected in subsequent years. Special Tax B shall continue to be levied indefinitely on an annual basis on all Developed Property in CFD No. 73.
934

EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 1 OF 3)
CITY OF ONTARIO AND CFD NO. 73 CERTIFICATE

1. Pursuant to Section C.1 of the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) for City of Ontario Community Facilities District No. 73 (Wildflower Acres) (“CFD No. 73”), the Assigned Special Tax A and the Backup Special Tax A for Developed Property within CFD No. 73 has been modified. a. The information in Table 1 below relating to Assigned Special Tax A for Developed Property within CFD No. 73, as stated in Section C.1.a.2 of the Rate and Method of Apportionment, has been modified as follows:

TABLE 1
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
1 Single Family Attached Property < 1,401 $[ ] per Unit 2 Single Family Attached Property 1,401 – 1,500 $[ ] per Unit 3 Single Family Attached Property 1,501 – 1,600 $[ ] per Unit 4 Single Family Attached Property 1,601 – 1,700 $[ ] per Unit 5 Single Family Attached Property > 1,700 $[ ] per Unit 6 Single Family Detached Property < 1,501 $[ ] per Unit 7 Single Family Detached Property 1,501 – 1,700 $[ ] per Unit 8 Single Family Detached Property 1,701 – 1,900 $[ ] per Unit 9 Single Family Detached Property 1,901 – 2,100 $[ ] per Unit 10 Single Family Detached Property 2,101 – 2,300 $[ ] per Unit 11 Single Family Detached Property 2,301 – 2,500 $[ ] per Unit 12 Single Family Detached Property > 2,500 $[ ] per Unit 13 Other Residential Property $[ ] per Acre
14 Non-Residential Property $[ ] per Acre
935

EXHIBIT A

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

The Backup Special Tax A shall be $[ ] per Unit of Single Family Attached Property and $[ ] per Unit of Single Family Detached Property. However, if the Expected Residential Lot Count for Single Family Attached Property does not equal 156 and for Single Family Detached Property does not equal 177, and the City has not issued Bonds, then the Backup Special Tax A for Designated Buildable Lots of Single Family Attached Property and Single Family Detached Property shall be calculated according to the following formulas:

Attached = $[ ]  Expected Residential Lot
Count for Single Family Attached
Property
Detached = $[ ]  Expected Residential Lot
Count for Single Family Detached
Property

2. The Special Tax A for Developed Property may only be modified prior to the first issuance of CFD No. 73 Bonds.

3. Upon execution of this certificate by CFD No. 73, CFD No. 73 shall cause an amended notice of Special Tax lien for CFD No. 73 to be recorded reflecting the modifications set forth herein.
936

EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 3 OF 3)
Capitalized undefined terms used herein have the meanings ascribed thereto in the Rate and Method. The modifications set forth in this Certificate have been calculated by the CFD Administrator in accordance with the Rate and Method.

GOODWIN CONSULTING GROUP, INC.

CFD ADMINISTRATOR
By:_________________________________ Date:______________________

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

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73
(WILDFLOWER ACRES)
By:_________________________________ Date:______________________ 937
RESOLUTION NO. _________

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

CALIFORNIA, DEEMING IT NECESSARY FOR CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73 (WILDFLOWER ACRES) TO

INCUR BONDED INDEBTEDNESS
WHEREAS, on February 18, 2025, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 73 (Wildflower Acres) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services; and
WHEREAS, on February 18, 2025, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Declaring it Necessary for City of Ontario Community Facilities District No. 73 (Wildflower Acres) to Incur Bonded Indebtedness” (the “Resolution Declaring Necessity”), declaring it necessary for the Community Facilities District to incur bonded indebtedness and setting the date for a public hearing to be held on the proposed debt authorization; and WHEREAS, pursuant to the Resolution Declaring Necessity, notice of said public hearing was published in the Inland Valley Daily Bulletin, a newspaper of general circulation published in the area of the Community Facilities District, in accordance with the Act; and
WHEREAS, on this date, the City Council opened, conducted and closed said public hearing; and
WHEREAS, at said public hearing, any person interested, including persons owning property within the area and desiring to appear and present any matters material to the questions set forth in the Resolution Declaring Necessity appeared and presented such matters; and
WHEREAS, oral or written protests against the proposed debt issue were not made or filed at or before said public hearing by 50% or more of the registered voters, or six registered voters, whichever is more, residing within the territory proposed to be included in the Community Facilities District, or the owners of one-half or more of the area of land in the territory proposed to be included in the Community Facilities District and not exempt from the Special Tax; and
WHEREAS, the City Council deems it necessary for the Community Facilities District to incur bonded indebtedness; and
938
WHEREAS, on this date, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 73 (Wildflower Acres), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established;” and WHEREAS, the City Clerk of the City (the “City Clerk”) is the election official that will conduct the special election on the proposition to authorize the Community Facilities District to incur bonded indebtedness; and
WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the Community Facilities District as of March 3, 2025, which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of said public hearing; and
WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District consenting to the waiver of, and waiving, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on April 1, 2025, and consenting to the waiver of, and waiving, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on April 1, 2025;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

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

SECTION 3. The bonded indebtedness will be incurred for the purpose of financing the costs of the Facilities, including all costs and estimated costs incidental to, or connected with, the accomplishment of said purpose, including, but not limited to, such costs and estimated costs as are described in Section 53345.3 of the Act.

SECTION 4. In accordance with the previous determination of the City Council, the whole of the Community Facilities District will pay for the bonded indebtedness.

SECTION 5. The maximum amount of debt to be incurred is $70,000,000. 939
SECTION 6. The maximum term the bonds to be issued shall run before maturity is 40 years.

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

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

SECTION 9. The City Council hereby finds and determines that no persons were registered to vote within the territory of the Community Facilities District as of March 3, 2025, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearing held by the City Council on the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

SECTION 10. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have (a) unanimously consented to the waiver of, and have waived, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), (b) unanimously consented to the holding of said election on April 1, 2025, and (c) unanimously consented to the waiver of, and have waived, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on April 1, 2025.

SECTION 11. The date of the special community facilities district election (which shall be consolidated with the special district election to authorize the Community Facilities District to levy the Special Tax) at which time the proposition to authorize the Community Facilities District to incur the bonded indebtedness shall be submitted to the voters is April 1, 2025.

SECTION 12. As authorized by Section 53353.5 of the Act, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities to levy the Special Tax and to establish an appropriations limit of the Community Facilities District shall be combined into one ballot proposition.
940
SECTION 13. Pursuant to Section 53326 of the Act, the election shall be conducted by mail or hand-delivered ballot. The voted ballots are required to be received in the office of the City Clerk no later than 7:30 p.m. on April 1, 2025; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

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

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

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

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

PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
941

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
942
RESOLUTION NO. ________

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

CALIFORNIA, CALLING SPECIAL ELECTION FOR CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 73 (WILDFLOWER ACRES) WHEREAS, on this date, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 73 (Wildflower Acres), Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” (the “Resolution of Formation”), establishing City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”), proposing that the Community Facilities District be authorized to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services and proposing that an appropriations limit of the Community Facilities District be established at $70,000,000; and
WHEREAS, on this date, the City Council also adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 73 (Wildflower Acres) to Incur Bonded Indebtedness” (the “Resolution Deeming Necessity”), deeming it necessary for the Community Facilities District to incur bonded indebtedness in a maximum amount of $70,000,000; and
WHEREAS, pursuant to the provisions of the Act and said resolutions, the propositions to authorize the Community Facilities District to incur such bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish such appropriations limit of the Community Facilities District are to be submitted to the qualified electors of the Community Facilities District at a special election; and
WHEREAS, the City Council desires to designate the City Clerk of the City (the “City Clerk”) as the election official for such special election; and WHEREAS, there has been filed with the City Clerk a letter from the Registrar of Voters of the County of San Bernardino indicating that no persons were registered to vote within the territory of the Community Facilities District as of March 3, 2025, which demonstrates that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District; and WHEREAS, there has been filed with the City Clerk consents and waivers of all of the landowners of record in the Community Facilities District consenting to the waiver 943
of, and waiving, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said special election, including any time limit or requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), consenting to the holding of said special election on April 1, 2025 and consenting to the waiver of, and waiving, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act; and WHEREAS, the City Clerk has concurred in said waivers and has concurred in holding said special election on April 1, 2025;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

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

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

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

SECTION 5. The City Council hereby finds and determines that no persons were registered to vote within the territory of the Community Facilities District as of March 3, 2025, and that 12 or more persons have not been registered to vote within the territory of the Community Facilities District for each of the 90 days preceding the close of the public hearings heretofore held by the City Council on the establishment of the Community Facilities District and the proposed debt issue for the Community Facilities District. Accordingly, pursuant to Section 53326 of the Act, the vote shall be by the landowners of the Community Facilities District and each person who is the owner of land as of the close of said public hearings, or the authorized representative thereof, shall have one vote for each acre or portion of an acre that he or she owns within the Community Facilities District not exempt from the Special Tax.

SECTION 6. The City Council hereby finds and determines that the qualified electors of the Community Facilities District have (a) unanimously consented to the waiver of, and have waived, any time limit specified by Section 53326 of the Act and any requirement pertaining to the conduct of said election, including any time limit or 944
requirement applicable to an election pursuant to Article 5 of the Act (commencing with Section 53345 of the Act), (b) unanimously consented to the holding of said election on April 1, 2025, and (c) unanimously consented to the waiver of, and have waived, any impartial analysis, arguments or rebuttals, as set forth in Sections 53326 and 53327 of the Act. The City Council hereby finds and determines that the City Clerk has concurred in said waivers and has concurred in holding said election on April 1, 2025.

SECTION 7. The City Council hereby calls a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness in a maximum amount of $70,000,000, to authorize the Community Facilities to levy the Special Tax and to establish the appropriations limit of the Community Facilities District at $70,000,000, which election shall be held at 303 East B Street, Ontario, California, on April 1, 2025. The City Council has caused to be provided to the City Clerk, as the official to conduct the election, the Resolution of Formation, the Resolution Deeming Necessity, a certified map of sufficient scale and clarity to show the boundaries of the Community Facilities District and a sufficient description to allow the City Clerk to determine the boundaries of the Community Facilities District.

The voted ballots shall be returned to the City Clerk not later than 7:30 p.m. on April 1, 2025; provided, however, that if all of the qualified electors have voted prior to such time, the election may be closed with the concurrence of the City Clerk.

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

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

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

Analysis and arguments with respect to the measure submitted to the voters are hereby waived, as provided in Section 53327 of the Act. 945
SECTION 10. The City Clerk shall accept the ballots of the qualified electors in the office of the City Clerk at 303 East B Street, Ontario, California, to and including 7:30 p.m. on April 1, 2025, whether said ballots be personally delivered or received by mail. The City Clerk shall have available ballots that may be marked at said location on the election day by said qualified electors.

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

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

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

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

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

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

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
946
PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
947

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
948

EXHIBIT A

OFFICIAL BALLOT

CITY OF ONTARIO
April 1, 2025

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

INSTRUCTIONS TO VOTERS:

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

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73
(WILDFLOWER ACRES)
MEASURE: Shall the measure to authorize City of
Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”) to incur bonded
indebtedness in a maximum amount of $70,000,000, to
authorize the Community Facilities District to levy a special tax in order to finance certain facilities and services and to establish the annual appropriations limit of the Community Facilities District at $70,000,000, as specified in the resolutions adopted by the City Council of the City of Ontario on April 1, 2025 entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 73 (Wildflower Acres), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” and “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 73 (Wildflower Acres) to Incur Bonded Indebtedness,” be adopted? Yes:
No:
949
RESOLUTION NO. _________

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

CALIFORNIA, DECLARING RESULTS OF SPECIAL ELECTION AND

DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN
WHEREAS, on April 1, 2025, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 73 (Wildflower Acres)” (the “Resolution Calling Election”), calling a special election to submit to the qualified electors of City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”) the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy a special tax and to establish the appropriations limit of the Community Facilities District; and
WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on April 1, 2025; and WHEREAS, the City Clerk of the City (the “City Clerk”) has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

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

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

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

SECTION 5. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified. 950
SECTION 6. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.

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

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

PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
951

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
952

EXHIBIT A
[See attached]
953

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73
(WILDFLOWER ACRES)

CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on April 1, 2025, I canvassed the returns of the special election for City of Ontario Community Facilities District No. 73 (Wildflower Acres) held on April 1, 2025, that the total number of ballots cast in said Community Facilities District and the total number of votes cast for and against the combined ballot proposition submitted to the qualified electors of the Community Facilities District are as follows and that the totals as shown for and against such proposition are true and correct:

Qualified
Landowner
Votes
Votes
Cast YES NO
City of Ontario Community Facilities
District No. 73 (Wildflower Acres)
Special Election, April 1, 2025
30 ___ ___ ___
MEASURE: Shall the measure to authorize City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”) to incur bonded indebtedness in a maximum amount of $70,000,000, to authorize the Community Facilities District to levy a special tax in order to finance certain facilities and services and to establish the annual appropriations limit of the Community Facilities District at $70,000,000, as specified in the resolutions adopted by the City Council of the City of Ontario on April 1, 2025 entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 73 (Wildflower Acres), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” and “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 73 (Wildflower Acres) to Incur Bonded Indebtedness,” be adopted?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 1st day of April.

BY:

SHEILA MAUTZ, CITY CLERK
954
ORDINANCE NO. ________

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

CALIFORNIA, LEVYING A SPECIAL TAX WITHIN CITY OF ONTARIO COMMUNITY FACILITIES DISTRICT NO. 73 (WILDFLOWER ACRES) WHEREAS, on February 18, 2025, the City Council (the “City Council”) of the City of Ontario (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Ontario, California, of Intention to Establish a Community Facilities District Proposed to be Named City of Ontario Community Facilities District No. 73 (Wildflower Acres) and to Authorize the Levy of a Special Tax Therein,” stating its intention to establish City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”) and to authorize the Community Facilities District to levy a special tax (the “Special Tax”) within the Community Facilities District for the purpose of financing certain public facilities (the “Facilities”) and services (the “Services”); and
WHEREAS, on April 1, 2025, the City Council held a noticed public hearing on the establishment of the Community Facilities District, as required by the Act; and WHEREAS, subsequent to the close of said hearing, the City Council adopted resolutions entitled “A Resolution of the City Council of the City of Ontario, California, of Formation of City of Ontario Community Facilities District No. 73 (Wildflower Acres), Proposing that the Community Facilities District be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District be Established” (the “Resolution of Formation”), “A Resolution of the City Council of the City of Ontario, California, Deeming it Necessary for City of Ontario Community Facilities District No. 73 (Wildflower Acres) to Incur Bonded Indebtedness” and “A Resolution of the City Council of the City of Ontario, California, Calling Special Election for City of Ontario Community Facilities District No. 73 (Wildflower Acres),” which resolutions established the Community Facilities District, proposed that the Community Facilities District be authorized to levy the Special Tax within the Community Facilities District, proposed that an appropriations limit of the Community Facilities District be established and called a special election to submit to the qualified electors of the Community Facilities District the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy the Special Tax and to establish the appropriations limit of the Community Facilities District; and
WHEREAS, on April 1, 2025, an election was held in which the qualified electors of the Community Facilities District approved said proposition by more than the two-thirds vote required by the Act; and
WHEREAS, the City Council is the legislative body of the Community Facilities District;
955
THE CITY COUNCIL OF THE CITY OF ONTARIO DOES ORDAIN AS FOLLOWS:

SECTION 1. The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Rate and Method”). The Special Tax is hereby levied commencing in fiscal year 2025-26 and in each fiscal year thereafter until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Rate and Method.

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

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

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

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

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

SECTION 7. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within fifteen (15) days of the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this ________ day of _________ 2025. _____________________________________
PAUL S. LEON, MAYOR
956
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
957

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)
958
RESOLUTION NO. ________

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

CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN

ACQUISITION AND FUNDING AGREEMENT WITH PULTE HOME

COMPANY, LLC
WHEREAS, certain real property within the boundaries of the City of Ontario (the “City”) located generally south of State Route 60 is commonly referred to as Ontario Ranch; and
WHEREAS, the City has approved a General Plan Amendment for the New Model Colony (the name by which Ontario Ranch was formerly known), which has been supplemented by certain water, recycled water and sewer master plans (as so supplemented, the “General Plan Amendment”) and has certified an Environmental Impact Report and adopted a Mitigated Negative Declaration in connection with the General Plan Amendment (together, the “Environmental Impact Report”); and WHEREAS, the City has specified in the General Plan Amendment and the Environmental Impact Report the major backbone transportation, water, sewer, storm drainage, parks, public safety infrastructure and fiber optic systems required to serve Ontario Ranch; and
WHEREAS, Pulte Home Company, LLC (“Pulte Home Company”), is developing certain of the property within Ontario Ranch (the “Property”); and WHEREAS, certain of such major backbone infrastructure is required to serve the Property; and
WHEREAS, in order to provide a mechanism to fund, in a timely manner, the costs of certain of such major backbone infrastructure required to serve Ontario Ranch (the “Facilities”) so that such development may occur, the City has, pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”), established City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”), the boundaries of which include the Property; and WHEREAS, pursuant to the Act, the proceedings of the City Council of the City and an election held within the Community Facilities District, the Community Facilities District is authorized to levy a special tax (the “Special Tax”) within the Community Facilities District and issue special tax bonds (the “Bonds”) secured by the Special Tax in order to finance certain of the Facilities; and
WHEREAS, it is anticipated that the Special Tax will be levied by the Community Facilities District and that, from time to time, Bonds will be issued by the Community Facilities District; and
959
WHEREAS, Pulte Home Company proposes to construct, or cause to be constructed, certain of the Facilities proposed to be financed by the Community Facilities District pursuant to the Act, and the City proposes to purchase such Facilities from Pulte Home Company pursuant to an Acquisition and Funding Agreement by and between the City and Pulte Home Company (such Acquisition and Funding Agreement, in the form presented to this meeting, with such changes, insertions and omissions as are made pursuant to this Resolution, being referred to herein as the “Acquisition Agreement”); and
WHEREAS, the City Council is the legislative body of the Community Facilities District;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

SECTION 1. The Acquisition Agreement, in substantially the form submitted to this meeting and made a part hereof as though set forth herein, be and the same is hereby approved. Each of the Mayor of the City, and such other member of the City Council as the Mayor may designate, the City Manager of the City and the Executive Director of Finance of the City, and such other officer or employee of the City as the City Manager may designate (the “Authorized Officers”) is hereby authorized, and any one of the Authorized Officers is hereby directed, for and in the name of the City, to execute and deliver the Acquisition Agreement in the form submitted to this meeting, with such changes, insertions and omissions as the Authorized Officer executing the same may require or approve, such requirement or approval to be conclusively evidenced by the execution of the Acquisition Agreement by such Authorized Officer.

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

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

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

The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.
960
PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
961

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
962

RECORDING REQUESTED BY AND
AFTER RECORDA TION RETURN TO:

City Clerk
City of Ontario
303 East B Street
Ontario, California 91764

NOTICE OF SPECIAL T AX LIEN

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73
(WILDFLOWER A CRES)
Pursuant to the requirernents of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the Mello-Roos Cornrnunity Facilities Act of 1982 (the "Act"), the undersigned City Clerk of the City of Ontario, State of California, hereby gives notice that a lien to secure payrnent of a special tax is hereby irnposed by the City Council of the City of Ontario, County of San Bernardino, State of California. The special tax secured by this lien is authorized to be levied for the purpose of (a) paying the principal of and interest on bonds, the proceeds of which are being used to finance the facilities described in Exhibit A attached hereto and hereby rnade a part hereof, (b) providing such facilities, and (e) providing the services described in ExhibitA.

The special tax is authorized to be levied within City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the "Community Facilities District") that has now been officially formed and the lien of the special tax is a continuing lien that shall secure each annual levy of the special tax and that shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with law or until the special tax ceases to be levied and a notice of cessation of special tax is recorded in accordance with Section 53330.5 of the Act.

The rate, method of apportionrnent and rnanner of collection of the authorized special tax is as set forth in Exhibit B attached hereto and hereby rnade a part hereof. Conditions under which the obligation to pay the special tax for facilities rnay be prepaid and permanently satisfied and the lien of the special tax canceled are as set forth in Exhibit B. No provision has been rnade for the prepayrnent of the special tax for services.

Notice is further given that upon the recording of this notice in the office of the County Recorder of the County of San Bernardino, the obligation to pay the special tax levy shall becorne a lien upon all nonexernpt real property within the Comrnunity Facilities District in accordance with Section 3115.5 ofthe California Streets and Highways Code.

The narne(s) of the owner(s) and the assessor's tax parcel nurnber(s) of the real property included within the Community Facilities District and not exernpt from the special tax are as set forth in Exhibit C attached hereto and hereby rnade a part hereof. 4154-2906-4278.2
963
Reference is made to the boundary map of the Community Facilities District recorded at Book 92 of Maps of Assessment and Community Facilities Districts at Page 27, in the office of the County Recorder for the County of San Bernardino, State of California (Document No. 2025-0038619), which map is now the final boundary map of the Community Facilities District.

For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the City of Ontario, Financial Services Agency, 303 East B Street, Ontario, California 91764, (909) 395-2015 or email [email protected].

Dated: April _, 2025
4154-2906-4278.2
2 By: ---------------
Sheila Mautz, City Clerk
964

EXHIBIT A

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

A-1
4154-2906-4278.2
965

EXHIBJTB

RATE ANO METHOD OF APPORTIONMENT OF SPECIAL TAX
B-1
4154-2906-4278.2
966

EXHIBITC

PROPERTY OWNER ANO ASSESSOR'S P ARCEL NUMBERS
Nameof
Property Owner
Pulte Home Company, LLC
AG EHC II (PHM) CA 2, L.P.
4154-2906-4278.2
San Bernardino County Assessor's Parcel Nos.
0218-313-01 through and including 0218-313-24
0218-313-26 through and including 0218-313-34
0218-314-01 through and including 0218-314-65
0218-666-02
0218-666-03
0218-666-05 through and including 0218-666-16
0218-666-30
0218-666-34 through and including 0218-666-39
0218-666-42 through and including 0218-666-57
0218-667-09 through and including 0218-667-14
0218-667-19
0218-667-20
0218-667-22 through and including 0218-667-28
0218-667-38 through and including 0218-667-41
0218-667-43 through and including 0218-667-47
0218-667-49 through and including 0218-667-65
0218-313-25
0218-666-17 through and including 0218-666-29
0218-666-31 through and including 0218-666-3 3
0218-666-40
0218-666-41
0218-667-01 through and including 0218-667-08
0218-667-17
0218-667-18
0218-667-29
0218-667-30
0218-667-32 through and including 0218-667-37
0218-667-42
0218-667-48
C-1
967
City of Ontario CFD No. 73 1 November 26, 2024

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73
(WILDFLOWER ACRES)

All of the real property in CFD No. 73, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on an Assessor’s Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, or other recorded County map.
“Act” means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means the following actual or reasonably estimated costs directly related to the administration of CFD No. 73: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or CFD No. 73 or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City or CFD No. 73 of complying with arbitrage rebate requirements; the costs to the City or CFD No. 73 of complying with City, CFD No. 73, or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City or CFD No. 73 related to the analysis and reduction, if any, of the Special Tax A on Single Family Property in accordance with Section C.1 herein; the costs of the City or CFD No. 73 related to an appeal of the Special Tax; the costs associated with the release of funds from any escrow account; the City’s administration fees and third party expenses; the costs of City staff time and reasonable overhead relating to CFD No. 73; and amounts estimated or advanced by the City or CFD No. 73 for any other administrative purposes of the CFD, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. 968
City of Ontario CFD No. 73 2 November 26, 2024
“Assessor’s Parcel” means a lot or parcel shown in an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.
“Assessor’s Parcel Number” means, with respect to an Assessor’s Parcel, that number assigned to such Assessor’s Parcel by the County for purposes of identification. “Assigned Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.2 below. “Backup Special Tax A” means the Special Tax A for each Land Use Class of Developed Property, as determined in accordance with Section C.1.a.3 below. “Bonds” means any bonds or other debt (as defined in Section 53317(d) of the Act) issued by CFD No. 73 under the Act and payable from Special Tax A. “Buildable Lot” means an individual lot, within a Final Subdivision Map or an area expected by CFD No. 73 to become Final Mapped Property, such as the area within a Tentative Tract Map, for which a building permit may be issued without further subdivision of such lot.
“CFD Administrator” means an official of the City responsible for determining the Special Tax A Requirement and Special Tax B Requirement, providing for the levy and collection of the Special Taxes, and performing the other duties provided for herein. “CFD No. 73” means City of Ontario Community Facilities District No. 73 (Wildflower Acres).
“City” means the City of Ontario, California.
“City Council” means the City Council of the City, acting as the legislative body of CFD No. 73.
“Contractual Impositions” means (a) a voluntary contractual assessment established and levied on an Assessor’s Parcel pursuant to Chapter 29 of Part 3 of Division 7 of the California Streets and Highways Code (commencing with Section 5898.10 et seq.), as amended from time to time, (b) a special tax established and levied on an Assessor’s Parcel pursuant to Section 53328.1 of the California Government Code and related provisions of the Act, as amended from time to time, and (c) any other fee, charge, tax, or assessment established and levied on an individual Assessor’s Parcel pursuant to a contractual agreement or other voluntary consent by the owner thereof (e.g., property owner association assessments).
“County” means the County of San Bernardino.
969
City of Ontario CFD No. 73 3 November 26, 2024
“Designated Buildable Lot” means a Buildable Lot for which a building permit has not been issued by the City as of the date of calculation of the Backup Special Tax A. “Developed Property” means for each Fiscal Year, all Taxable Property, exclusive of Final Mapped Property, Taxable Property Owner Association Property, and Taxable Public Property, for which a building permit or other applicable permit for new construction was issued after January 1, 2024, and before May 1 of the prior Fiscal Year. “Expected Residential Lot Count” means 156 Buildable Lots of Single Family Attached Property and 177 Buildable Lots of Single Family Detached Property, or, as determined by the CFD Administrator, the number of Buildable Lots of Single Family Property based on the most recent Tentative Tract Map(s) or most recently recorded Final Subdivision Map(s) or modified Final Subdivision Map(s). “Facilities” means the public facilities authorized to be financed, in whole or in part, by CFD No. 73.
“Final Mapped Property” means, for each Fiscal Year, all Taxable Property, exclusive of Developed Property, Taxable Property Owner Association Property, and Taxable Public Property, which as of January 1 of the previous Fiscal Year was located within a Final Subdivision Map. The term Final Mapped Property shall include any parcel map or Final Subdivision Map, or portion thereof, that creates individual lots for which a building permit may be issued, including Parcels that are designated as a remainder Parcel (i.e., one where the size, location, etc., precludes any further subdivision or taxable use).
“Final Subdivision Map” means a final tract map, parcel map, or lot line adjustment approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or a condominium plan recorded pursuant to California Civil Code Section 4285 that, in either case, creates individual lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period starting July 1 and ending on the following June 30. “Gated Community Attached Dwelling Unit” means, with respect to Special Tax B, a Unit within any residential building containing two or more dwelling units (including attached condominiums, townhouses, duplexes, triplexes, and apartments) within a gated community that, within such community, is primarily served by private interior streets. “Indenture” means the indenture, fiscal agent agreement, resolution, or other instrument pursuant to which Bonds are issued, as modified, amended, and/or supplemented from time to time.
“Land Use Class” means any of the classes listed in Tables 1 and 2 below. “Lower Income Household Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel within the boundaries of CFD No. 73 that is subject to a welfare exemption under subdivision (g) of Section 214 of the California Revenue and 970
City of Ontario CFD No. 73 4 November 26, 2024
Taxation Code (or any successor statute), as indicated in the most recent County assessor’s roll finalized prior to such Fiscal Year.
“Maximum Special Tax A” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax A determined in accordance with Section C.1 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Maximum Special Tax B” means, with respect to an Assessor’s Parcel of Taxable Property, the Maximum Special Tax B determined in accordance with Section C.2 below that can be levied in any Fiscal Year on such Assessor’s Parcel of Taxable Property. “Minimum Sale Price” means the minimum price at which Units of a given Land Use Class have sold or are expected to be sold in a normal marketing environment and shall not include prices for such Units that are sold at a discount to expected sales prices for the purpose of stimulating the initial sales activity with respect to such Land Use Class. “Multiple Family Dwelling Unit” means, with respect to Special Tax B, a Unit within any residential building containing two or more dwelling units, including attached condominiums, townhomes, duplexes, triplexes, and apartments, but excluding Gated Community Attached Dwelling Units.
“Non-Residential Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued by the City permitting the construction of one or more non-residential structures or facilities.
“Other Residential Property” means, with respect to Special Tax A, all Assessor’s Parcels of Developed Property for which a building permit was issued by the City for purposes of constructing Units, excluding Single Family Attached Property and Single Family Detached Property.
“Outstanding Bonds” means all Bonds which are outstanding under and in accordance with the provisions of the Indenture.
“Price Point Consultant” means any consultant or firm of such consultants selected by CFD No. 73 that (a) has substantial experience in performing price point studies for residential units within community facilities districts established under the Act or otherwise estimating or confirming pricing for residential units in such community facilities districts, (b) has recognized expertise in analyzing economic and real estate data that relates to the pricing of residential units in such community facilities districts, (c) is in fact independent and not under the control of CFD No. 73 or the City, (d) does not have any substantial interest, direct or indirect, with or in (i) CFD No. 73, (ii) the City, (iii) any owner of real property in CFD No. 73, or (iv) any real property in CFD No. 73, and (e) is not connected with CFD No. 73 or the City as an officer or employee thereof, but who may be regularly retained to make reports to CFD No. 73 or the City. “Price Point Study” means a price point study or a letter updating a previous price point study prepared by the Price Point Consultant pursuant to Section C herein. 971
City of Ontario CFD No. 73 5 November 26, 2024
“Property Owner Association Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 73 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. “Proportionately” means (a) for Developed Property in the first step of Section D.1 below, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Developed Property; however, for Developed Property in the fourth step of Section D.1 below, Proportionately means that the amount of the increase above the Assigned Special Tax A, if necessary, is equal for all Assessor’s Parcels of Developed Property, except that if the Backup Special Tax A limits the increase on any Assessor’s Parcel(s), then the amount of the increase shall be equal for the remaining Assessor’s Parcels; (b) with respect to Special Tax B, that the ratio of the actual Special Tax B levy to the Maximum Special Tax B is equal for all Assessor’s Parcels of Developed Property; (c) for Final Mapped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Final Mapped Property; (d) for Undeveloped Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor's Parcels of Undeveloped Property; (e) for Taxable Property Owner Association Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Property Owner Association Property; and (f) for Taxable Public Property, that the ratio of the actual Special Tax A levy to the Maximum Special Tax A is equal for all Assessor’s Parcels of Taxable Public Property. “Public Property” means, for each Fiscal Year, property within the boundaries of CFD No. 73 that is (a) owned by, irrevocably offered to, or dedicated to the federal government, the State, the County, the City, or any local government or other public agency or (b) encumbered by an easement for purposes of public or utility right-of-way that makes impractical its use for any purpose other than that set forth in such easement; provided that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified according to its use.
“Rate and Method of Apportionment” means this Rate and Method of Apportionment of Special Tax.
“Residential Floor Area” means all of the Square Footage of living area within the perimeter of a Unit, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be as set forth in the building permit(s) issued for such Assessor’s Parcel, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 73. The actual Square Footage shall be rounded up to the next whole square foot. Once such determination has been made for an Assessor’s Parcel, it shall remain fixed in all future Fiscal Years unless an appeal pursuant to Section F below is approved that results in a change in the actual Square Footage. “Residential Property” means, for each Fiscal Year, an Assessor’s Parcel for which a building permit for new construction of one or more Units was issued after January 1, 2024, and before May 1 of the prior Fiscal Year.
972
City of Ontario CFD No. 73 6 November 26, 2024
“Services” means the services authorized to be financed, in whole or in part, by CFD No.

73. “Single Family Attached Property” means all Assessor’s Parcels of Developed Property for which a building permit or use permit was issued for construction of a residential structure consisting of two or more Units that share common walls, have separate Assessor’s Parcel Numbers assigned to them (except for a duplex unit, which may share an Assessor’s Parcel with another duplex unit), and may be purchased by individual homebuyers (which shall still be the case even if the Units are purchased and subsequently offered for rent by the owner of the Unit), including such residential structures within a condominium project as defined in Civil Code Section 4125. “Single Family Detached Dwelling Unit” means, with respect to Special Tax B, a Unit of Single Family Detached Property.
“Single Family Detached Property” means all Assessor’s Parcels of Developed Property for which a building permit was issued for construction of a Unit, on one legal lot, that does not share a common wall with another Unit. “Single Family Property” means all Assessor’s Parcels of Single Family Attached Property and Single Family Detached Property.
“Special Taxes” means, collectively, Special Tax A and Special Tax B. “Special Tax A” means the special tax authorized by the qualified electors of CFD No. 73 to be levied within the boundaries of CFD No. 73 to pay for Facilities and Services. “Special Tax A Requirement” means for any Fiscal Year that amount required, after taking into account available amounts held in the funds and accounts established under the Indenture, for CFD No. 73 to: (i) pay debt service on all Outstanding Bonds which is due in the calendar year that commences in such Fiscal Year; (ii) pay periodic costs on the Bonds, including, but not limited to, credit enhancement and rebate payments on the Bonds; (iii) pay a pro rata share of Administrative Expenses; (iv) provide any amounts required to establish or replenish any reserve fund for the Bonds; (v) pay directly for acquisition or construction of Facilities, or the cost of Services, to the extent that the inclusion of such amounts does not increase the Special Tax A levy on Final Mapped Property or Undeveloped Property; and (vi) provide an amount equal to Special Tax A delinquencies based on the historical delinquency rate for Special Tax A as determined by the CFD Administrator.
“Special Tax B” means the special tax authorized by the qualified electors of CFD No. 73 to be levied within the boundaries of CFD No. 73 to pay for Services. “Special Tax B Requirement” means for any Fiscal Year that amount required, after taking into account available amounts in any funds and accounts established to pay for Services, to pay the cost of Services, a pro rata share of Administrative Expenses, and an 973
City of Ontario CFD No. 73 7 November 26, 2024
amount equal to Special Tax B delinquencies based on the historical delinquency rate for Special Tax B as determined by the CFD Administrator.
“Square Footage” or “Sq. Ft.” means the floor area square footage reflected on the original construction building permit, or as set forth in other official records maintained by the City’s Building Department or other appropriate means selected by CFD No. 73, issued for construction of Residential Property or Non-Residential Property, plus any square footage subsequently added to a building of Non-Residential Property after issuance of a building permit for expansion or renovation of such building. “State” means the State of California.
“Taxable Property” means, for each Fiscal Year, all of the Assessor’s Parcels within the boundaries of CFD No. 73 that are not exempt from the Special Taxes pursuant to law or Section E below.
“Taxable Property Owner Association Property” means, for each Fiscal Year, all Assessor’s Parcels of Property Owner Association Property that are not exempt from the Special Taxes pursuant to Section E below.
“Taxable Public Property” means, for each Fiscal Year, all Assessor’s Parcels of Public Property that are not exempt from the Special Taxes pursuant to law or Section E below. “Tentative Tract Map” means a map: (i) showing a proposed subdivision of an Assessor’s Parcel(s) and the conditions pertaining thereto; (ii) that may or may not be based on a detailed survey; and (iii) that is not recorded by the County to create legal lots. “Total Tax Burden” means, for a Unit within a Land Use Class, for the Fiscal Year in which the Total Tax Burden is being calculated, the sum of (a) the Assigned Special Tax A for such Land Use Class for such Fiscal Year, plus (b) the Special Tax B for such Land Use Class for such Fiscal Year, plus (c) the ad valorem property taxes, special assessments, special taxes for any overlapping community facilities districts, and any other governmental fees, charges (other than fees or charges for services such as sewer and trash), taxes, and assessments (which do not include Contractual Impositions) collected by the County on ad valorem tax bills, plus (d) property owner association assessments (but excluding the refuse collection portion of such assessments), and that the CFD Administrator estimates would be levied or imposed on such Unit in such Fiscal Year if the residential dwelling unit thereon or therein had been completed and sold, and was subject to such fees, charges, taxes, and assessments in such Fiscal Year.
“Trustee” means the trustee or fiscal agent under the Indenture. “TTM 20451” means Tentative Tract Map No. 20451, the area of which is located within CFD No. 73.
974
City of Ontario CFD No. 73 8 November 26, 2024
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property, Final Mapped Property, Taxable Public Property, or Taxable Property Owner Association Property.
“Unit” means an individual single-family detached or attached home, townhome, condominium, apartment, or other residential dwelling unit, including each separate living area within a half-plex, duplex, triplex, fourplex, or other residential structure.

C. MAXIMUM SPECIAL TAX

If based upon such Price Point Study the CFD Administrator calculates that the Total Tax Burden, excluding property owner association assessments, applicable to Units within one or more Land Use Classes of Single Family Property to be constructed within CFD No. 73 exceeds 1.95% of the Minimum Sale Price of such Units, the Assigned Special Tax A shall be reduced to the extent necessary to cause the Total Tax Burden, excluding property owner association assessments, that shall apply to Units within such Land Use Class(es) not to exceed 1.95% of the Minimum Sale Price of such Units.
975
City of Ontario CFD No. 73 9 November 26, 2024
Each Assigned Special Tax A reduction for a Land Use Class shall be calculated by the CFD Administrator separately, and it shall not be required that such reduction be proportionate among Land Use Classes. In connection with any reduction in the Assigned Special Tax A, the Backup Special Tax A shall also be reduced by the CFD Administrator based on the percentage reduction in Maximum Special Tax A revenues within the Tentative Tract Map area(s) where the Assigned Special Tax A reductions occurred. Upon determining the reductions, if any, in the Assigned Special Tax A and Backup Special Tax A required pursuant to this Section C, the CFD Administrator shall complete the Certificate of Modification of Special Tax substantially in the form attached hereto as Exhibit A (the “Certificate of Modification”), shall execute such completed Certificate of Modification, and shall deliver such executed Certificate of Modification to CFD No. 73. Upon receipt thereof, if in satisfactory form, CFD No. 73 shall execute such Certificate of Modification. The reduced Assigned Special Tax A and Backup Special Tax A specified in such Certificate of Modification shall become effective upon the execution of such Certificate of Modification by CFD No. 73.

The Special Tax A reductions required pursuant to this section shall be reflected in an amended notice of Special Tax lien, which CFD No. 73 shall cause to be recorded with the County Recorder as soon as practicable after execution of the Certificate of Modification by CFD No. 73. The reductions in this section apply to Single Family Property, but not to Other Residential Property or NonResidential Property. a. Developed Property
1) Maximum Special Tax A
The Maximum Special Tax A that may be levied in any Fiscal Year for each Assessor’s Parcel classified as Developed Property shall be the greater of (i) the amount derived by application of the Assigned Special Tax A or (ii) the amount derived by application of the Backup Special Tax A. The Maximum Special Tax A shall not increase in future years, other than as calculated pursuant to Section C.1.a.3 below.
2) Assigned Special Tax A
The Assigned Special Tax A that may be levied in any Fiscal Year for each Land Use Class is shown below in Table 1.
976
City of Ontario CFD No. 73 10 November 26, 2024
TABLE 1
ASSIGNED SPECIAL TAX A – DEVELOPED PROPERTY
3) Backup Special Tax A
The Backup Special Tax A shall be $4,127 per Unit of Single Family Attached Property and $5,201 per Unit of Single Family Detached Property. However, if the Expected Residential Lot Count for Single Family Attached Property does not equal 156 and for Single Family Detached Property does not equal 177, and the City has not issued Bonds, then the Backup Special Tax A for Designated Buildable Lots of Single Family Attached Property and Single Family Detached Property shall be calculated according to the following formulas:

Attached = $643,798  Expected Residential Lot
Count for Single Family Attached
Property
Detached = $920,551  Expected Residential Lot
Count for Single Family Detached
Property
Land
Use
Class
Description
Residential
Floor Area
(Square
Footage)
Assigned
Special Tax A
1 Single Family Attached Property < 1,401 $3,280 per Unit 2 Single Family Attached Property 1,401 – 1,500 $3,877 per Unit 3 Single Family Attached Property 1,501 – 1,600 $4,101 per Unit 4 Single Family Attached Property 1,601 – 1,700 $4,336 per Unit 5 Single Family Attached Property > 1,700 $4,491 per Unit 6 Single Family Detached Property < 1,501 $4,192 per Unit 7 Single Family Detached Property 1,501 – 1,700 $4,447 per Unit 8 Single Family Detached Property 1,701 – 1,900 $4,757 per Unit 9 Single Family Detached Property 1,901 – 2,100 $5,241 per Unit 10 Single Family Detached Property 2,101 – 2,300 $5,466 per Unit 11 Single Family Detached Property 2,301 – 2,500 $5,903 per Unit 12 Single Family Detached Property > 2,500 $6,025 per Unit 13 Other Residential Property $97,705 per Acre
14 Non-Residential Property $97,705 per Acre
977
City of Ontario CFD No. 73 11 November 26, 2024
If any portion of a Final Subdivision Map, or any area expected by CFD No. 73 to become Final Mapped Property – such as the area within TTM 20451, or any other Tentative Tract Map – changes any time after the City has issued Bonds, causing an adjustment to the number of Designated Buildable Lots, then the Backup Special Tax A for all Designated Buildable Lots of Single Family Property subject to the change shall be calculated according to the following steps:

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

2. Special Tax B
The Maximum Special Tax B for each Assessor’s Parcel classified as Developed Property shall be determined by reference to Table 2 below. 978
City of Ontario CFD No. 73 12 November 26, 2024
TABLE 2
MAXIMUM SPECIAL TAX B – DEVELOPED PROPERTY
Land Use Class Maximum Special Tax B
Fiscal Year 2025-26
Residential Property
Single Family Detached Dwelling Unit $1,426.38 per Unit Multiple Family Dwelling Unit $1,236.46 per Unit
Gated Community Attached Dwelling Unit $1,036.38 per Unit Non-Residential Property $0.260110 per Sq. Ft.

4. Developed Property Special Tax Obligation
Once an Assessor’s Parcel has been taxed in any Fiscal Year as Developed Property, the Assessor’s Parcel shall continue to be taxed as Developed Property regardless of changes to or expiration of the original building permit, and regardless of revisions to or destruction of the structure that was, or was expected to be, constructed pursuant to the original building permit. 979
City of Ontario CFD No. 73 13 November 26, 2024
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX

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

The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination.

If the property owner disagrees with the CFD Administrator’s decision relative to the appeal, the owner may then file a written appeal with the City Council whose subsequent decision shall be final and binding on all interested parties. If the decision of the CFD 981
City of Ontario CFD No. 73 15 November 26, 2024
Administrator or subsequent decision by the City Council requires the Special Tax to be modified or changed in favor of the property owner, then the CFD Administrator shall determine if sufficient Special Tax revenue is available to make a cash refund. If a cash refund cannot be made, then an adjustment shall be made to credit future Special Tax levy(ies).

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

Only Special Tax A may be prepaid; Special Tax B shall continue to be levied on an annual basis on all Developed Property in CFD No. 73.
982
City of Ontario CFD No. 73 16 November 26, 2024

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

Paragraph No.

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

3. (a) Divide the Assigned Special Tax A computed pursuant to Paragraph 2 by the total estimated Assigned Special Tax A for CFD No. 73 based on the Developed Property Special Tax A which could be charged in the current Fiscal Year on all 983
City of Ontario CFD No. 73 17 November 26, 2024
expected development through buildout of CFD No. 73, excluding any Assessor’s Parcels which have been prepaid, and
(b) Divide the Backup Special Tax A computed pursuant to Paragraph 2 by the estimated total Backup Special Tax A at buildout of CFD No. 73, excluding any Assessor’s Parcels which have been prepaid.

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

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

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

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

PP = (PF – AE) x % + AE.
985
City of Ontario CFD No. 73 19 November 26, 2024
The terms above have the following meaning:

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

EXHIBIT A

CERTIFICATE OF MODIFICATION OF SPECIAL TAX A
(PAGE 1 OF 3)
CITY OF ONTARIO AND CFD NO. 73 CERTIFICATE

EXHIBIT A

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

Attached = $[ ]  Expected Residential Lot
Count for Single Family Attached
Property
Detached = $[ ]  Expected Residential Lot
Count for Single Family Detached
Property

2. The Special Tax A for Developed Property may only be modified prior to the first issuance of CFD No. 73 Bonds.

3. Upon execution of this certificate by CFD No. 73, CFD No. 73 shall cause an amended notice of Special Tax lien for CFD No. 73 to be recorded reflecting the modifications set forth herein.
988

EXHIBIT A

GOODWIN CONSULTING GROUP, INC.

CFD ADMINISTRATOR
By:_________________________________ Date:______________________

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

CITY OF ONTARIO
COMMUNITY FACILITIES DISTRICT NO. 73
(WILDFLOWER ACRES)
By:_________________________________ Date:______________________ 989
RESOLUTION NO. ________

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

CALIFORNIA, MAKING A DECLARATION OF OFFICIAL INTENT TO

REIMBURSE FACILITIES EXPENDITURES WITH BOND PROCEEDS
AND RELATED ACTIONS.

WHEREAS, the City Council (the “City Council”) of the City of Ontario (the “City”) has formed City of Ontario Community Facilities District No. 73 (Wildflower Acres) (the “Community Facilities District”) under the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”);
WHEREAS, the Community Facilities District is authorized under the Act to levy a special tax (the “Special Tax”) to pay for the costs of certain public facilities (the “Facilities”) and to issue bonds payable from the Special Tax; WHEREAS, in order to provide funds to finance certain of the Facilities, the Community Facilities District proposes to issue its City of Ontario Community Facilities District No. 73 (Wildflower Acres) Special Tax Bonds (the “Bonds”); WHEREAS, beginning the 60-day period prior to the date hereof, the City has paid or incurred, or expects to pay or incur, costs with respect to the Facilities prior to the issuance of the Bonds in order to finance the Facilities; WHEREAS, the City also may pay or incur certain ‘preliminary expenditures’ in connection with the Facilities, which term includes architectural, engineering, surveying, soil testing, reimbursement bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction, or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction; WHEREAS, in order to reimburse itself for the payment, or pay unpaid costs, of the Facilities, the City anticipates it will issue Bonds in an amount not expected to exceed $70,000,000 for the purpose of financing costs of the Facilities; WHEREAS, proceeds of the Bonds will be allocated to reimbursement expenditures no later than 18 months after the later of (i) the date the cost is paid, or (ii) the date the Facilities (or each component thereof) is placed in service or abandoned (but in no event more than three years after the cost is paid); WHEREAS, Section 1.150-2 of the Treasury Regulations requires the City to declare its reasonable official intent to reimburse prior expenditures for the Facilities with proceeds of indebtedness; and
WHEREAS, the City wishes to declare its official intent to use proceeds of indebtedness (such as the Bonds) to reimburse expenditures of the Facilities paid before its obligations are issued and to finance the Facilities costs on a long-term basis with the proceeds of such indebtedness.
990
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:

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

SECTION 2. This Resolution is adopted by the City Council solely for purposes of establishing compliance with the requirements of Section 1.150-2 of the Treasury Regulations. Unless otherwise defined, terms used herein shall have the meaning set forth in the Internal Revenue Code of 1986 and in Section 1.150-2 of the Treasury Regulations. This Resolution does not bind the City to make any expenditure, incur any indebtedness, or proceed with construction of the Facilities.

SECTION 3. All actions heretofore taken by the officers, employees and agents of the City with respect to the actions set forth above are hereby approved, confirmed and ratified.

SECTION 4. The officers, employees and agents of the City are, and each of them is, hereby authorized and directed, for and in the name of the Community Facilities District to take all actions and do any and all things that they, or any of them, may deem necessary or advisable in order to consummate the transactions contemplated by this Resolution and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution not inconsistent with the provisions hereof.

SECTION 5. This Resolution shall take effect immediately upon its adoption.

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

PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
991
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
992

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
993
Department: Economic Development
Prepared By: Charity Hernandez
Department:

Prepared By: Charity Hernandez
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:

INLAND EMPIRE

CITY OF ONTARIO
Agenda Report
April 1, 2025
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council authorize the City Manager, or his designee, to execute all documents required for the completion of the lease and lease financing within the authorization limits and adopt a Resolution approving:

A. The financing for the acquisition of real property for the proposed Animal Resource Center of Inland Empire (ARC) for a period of ten (10) years; and B. The Lease Agreement between the City of Ontario and the Public Finance Authority; and C. The Site and Facility Lease between the City of Ontario and Public Finance Authority; and D. The Sub-Lease between the City of Ontario and ARC.

That the Public Finance Authority adopt a Resolution approving:

A. The financing for the acquisition of real property for the proposed ARC site for a period of ten years; and
B. The Lease Agreement between the City of Ontario and the Public Finance Authority; and C. The Site and Facility Lease between the City of Ontario and Public Finance Authority; and D. The Assignment Agreement between the Public Finance Authority and Costello, Investments, LLC; and
E. The Promissory Note.

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:

The Promissory Note will not exceed $7,100,000 and will bear an interest rate of 4.32%. Annual lease payments are not to exceed $876,000 in the Capital Projects Fund, if approved budget will be included in future Annual Proposed Budgets to City Council for approval, as needed. The term will commence on June 1, 2025 and terminate on June 1, 2035. Subsequently, the property will be sold 994
to the Animal Resource Center of the Inland Empire JPA under a 12-year Sub-Lease Agreement commencing on July 1, 2025 and terminating July 1, 2037 for a total amount not to exceed of $10,800,000, with an estimated annual payment cost not to exceed $900,000.

BACKGROUND & ANALYSIS:

The City ("City") entered into a Purchase and Sale Agreement on January 30, 2025 (“Purchase Agreement”) with Costello Investments, LLC (“Seller”) for the acquisition of real property. The property located at 13107-13131 South Campus Avenue consists of 10.52 and will be used as Animal Resource Center of Inland Empire.

As part of the acquisition, the Seller has agreed to take a Promissory Note ("Note") from the Ontario Public Financing Authority (“Authority”) which will be secured by lease payments to be made by the City to the Authority under a lease agreement (the “Lease Agreement”).

This lease-leaseback financing method is preferred for cities to finance capital improvements and acquisitions, and is used by the City to finance capital improvement projects. In order to accomplish this objective, the City will acquire the site under the Purchase Agreement.

Concurrently, the Authority will enter into a Site Lease (“Site Lease”) as lessee and the City as lessor, of the property owned by the City, and they will enter into a Lease Agreement (“Lease Agreement”), the Authority being Lessor and the City being Lessee, which will require that the City make lease payments sufficient to pay the lease obligation. Additionally, the City of Ontario will Sub-Lease the property to ARC for a 12-year period.

If approved, the Authority will enter into an Assignment Agreement (“Assignment Agreement”) with the Seller, who will receive the lease payments and will have evidence of the security and assignment in the form of a Note.

Staff recommends approval of the City Council Resolution and the Authority Board Resolution. 995
RESOLUTION NO. ________

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

CALIFORNIA, AUTHORIZING PROCEEDINGS AND AGREEMENTS

RELATING TO THE FINANCING OF PUBLIC CAPITAL IMPROVEMENTS

FOR PUBLIC PURPOSES, APPROVING PREPARATION AND DELIVERY

OF A NOTE BY THE ONTARIO PUBLIC FINANCING AUTHORITY AND

AUTHORIZING OFFICIAL ACTIONS
WHEREAS, the Ontario Public Financing Authority (the “Authority”) has been formed pursuant to the laws of the State of California, namely, the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State, as amended from time to time (the “Act”), to finance the acquisition and construction of public capital improvements for the City of Ontario (the “City”); and
WHEREAS, the City has requested that the Authority issue a lease revenue Note for the purpose of providing funds to enable the City to finance land acquisition for an animal shelter (the “Project”); and
WHEREAS, the City intends to lease the acquired premises (the “Leased Premises”) to the Authority pursuant to a Site and Facilities Lease (the “Site and Facilities Lease”) and lease the Leased Premises back from the Authority pursuant to the Lease Agreement between the City and the Authority (the “Lease Agreement”); and WHEREAS, the Authority desires to issue its Lease Revenue Note, (the “Note”) for the purpose of financing the acquisition of the Leased Premises, which Note will be payable from lease payments to be paid to the Authority by the City pursuant to the Lease Agreement; and
WHEREAS, the Note will be issued under the Assignment Agreement (the “Assignment Agreement”) by and between the Authority and Costello Investments LLC (the “Seller”) and secured by the payment of the lease payments under the Lease Agreement; and
WHEREAS, under the Assignment Agreement, the Authority will assign its right to receive the lease payments and the right to exercise remedies under the Lease Agreement, to the Seller; and
WHEREAS, Section 5852.1 of the Government Code of the State of California (“Section 5852.1”) provides that the City Council disclose, in a meeting open to the public, prior to authorization of the issuance of the Note, good faith estimates of: (a) the true interest cost of the Note, (b) the finance charge of the Note, meaning the sum of all fees and charges paid to third parties, (c) the amount of proceeds of the Note received less the finance charge described above and any reserves or capitalized interest paid or funded with proceeds of the Note and (d) the sum total of all debt service payments on 996
the Note calculated to the final maturity of the Note plus the fees and charges paid to third parties not paid with the proceeds of the Note; and
WHEREAS, in accordance with Section 5852.1, the City has obtained such good faith estimates from the finance department of the City, and such estimates are disclosed in Exhibit A attached hereto; and
WHEREAS, the City Council has conducted a noticed public hearing pursuant to Section 6586.5 of the California Government Code and published notice was given in accordance with the terms of the Government Code.

WHEREAS, the City Council wishes at this time to authorize all proceedings relating to the issuance and sale of the Note and all other agreements and documents relating thereto.

NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY OF ONTARIO AS FOLLOWS:

SECTION 1. Findings and Determinations. (a) The City Council finds and determines that it is in the prudent management of the fiscal affairs of the City that the proceeds of the Note be used to finance the Project.
(b) Pursuant to the Act, the City Council hereby finds that the issuance of the Note by the Authority will result in savings in effective interest rates and bond issuance costs and thereby result in significant public benefits pursuant to Section 6586 of the Act.
(c) The fair rental value of the leased premises, under the Lease Agreement (the “Leased Premises”), exceeds the present value of lease payments to be made under the Lease Agreement.

SECTION 2. Approval of Note. The City Council hereby approves of the issuance of the Note for the purpose of financing the acquisition of the Leased Premises by the Authority under and pursuant to the Act provided that the maximum aggregate principal amount of the Note shall not exceed $7,100,000.

SECTION 3. Approval of Financing Documents. The City Council hereby approves each of the following documents in the respective forms on file with the City Clerk, together with such additions thereto and changes therein as the Bond Counsel shall deem necessary, desirable or appropriate, the execution of which by the Mayor, the Mayor Pro Tem, the City Manager or the Executive Director of Finance shall be conclusive evidence of the approval of any such additions and changes. (a) The Site and Facilities Lease; and
(b) The Lease Agreement; and
997
(c) The Sub-Lease Agreement, with the City, as sub-lessor, and the Animal Resource Center of the Inland Empire, as sub-lessee.

The Mayor, the Mayor Pro Tem, the City Manager or the Executive Director of Finance is hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final forms of each of the above-mentioned documents for and in the name and on behalf of the City.

SECTION 4. Final Terms of Note. The City Manager or the Executive Director of Finance, or his designee based on such advice of City staff as said officer may deem necessary, is hereby authorized and directed to act on behalf of the City to establish and determine (i) the final principal amount of the Note, which amount shall not exceed $7,056,823; and (ii) the interest cost on the Note shall be as set forth in the term sheet presented to this meeting.

SECTION 5. Official Actions. The Mayor, the Mayor Pro Tem, the City Manager, the Executive Director of Finance, the City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution, delivery and recording of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions as described herein in connection with the issuance and sale of the Note.

SECTION 6. Effective Date. This Resolution shall take effect upon adoption.

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

PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
998
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
999

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
1000

EXHIBIT A

GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Note in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the Placement Agent.

Principal Amount. The City is informed that, based on the financing plan and current market conditions, its good faith estimate of the aggregate principal amount of the Note to be sold is $7,056,823 (the “Estimated Principal Amount”) which does not include net premium estimated to be generated based on current market conditions. Net premium is generated when, on a net aggregate basis for a single issuance of Note, the price paid for such Note is higher than the face value of such Note. Such Estimated Principal Amount and such estimated net premium amount would produce approximately $7,056,823 of gross proceeds.

True Interest Cost of the Note. The City is informed that, assuming that the Estimated Principal Amount of the Note is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the Note, which means the rate necessary to discount the amounts payable on the respective principal and interest payment dates to the purchase price received for the Note, is ____%.

Finance Charge of the Note. The City is informed that, assuming that the Estimated Principal Amount of the Note is sold, and based on market interest rates prevailing at the time of preparation of such estimate and inclusive of costs attributable to the purchase of a bond insurance or reserve surety policy (which the City would purchase only if the cost of such insurance premiums were less than the interest cost savings attributable thereto), its good faith estimate of the finance charge for the Note, which means the sum of all fees and charges paid to third parties (or costs associated with the Note), is $______________.

Amount of Proceeds to be Received. The City is informed that, assuming that the Estimated Principal Amount of the Note is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City for the sale of the Note, less the finance charge of the Note, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Note, is $__________________.

Total Payment Amount. The City is informed that, assuming that the Estimated Principal Amount of the Note is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the City will make to pay debt service on the Note, plus the finance charge for the Note, as described above, not paid with the proceeds of the Note, calculated to the mandatory tender date of the Note (being ______________, 2025), is $______________(excluding any offsets from any reserves or capitalized interest).
1001
The foregoing estimates constitute good faith estimates only. The actual principal amount of the Note issued and sold, the true interest cost thereof, the finance charges thereof, the amount of proceeds received therefrom and total payment amount with respect thereto may differ from such good faith estimates due to (a) the actual date of the sale of the Note being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Note sold being different from the Estimated Principal Amount, (c) the actual amortization of the Note being different than the amortization assumed for purposes of such estimates, (d) the actual market interest rates at the time of sale of the Note being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the financing plan or finance charges, or a combination of such factors. Market interest rates are affected by economic and other factors beyond the control of the City.
1002
RESOLUTION NO. ________

A RESOLUTION OF THE ONTARIO PUBLIC FINANCING AUTHORITY,

OF THE CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE

PREPARATION OF A LEASE REVENUE NOTE IN THE AGGREGATE
PRINCIPAL AMOUNT OF NOT TO EXCEED $7,100,000 IN

CONNECTION WITH THE FINANCING OF PUBLIC CAPITAL

IMPROVEMENTS, AUTHORIZING AND DIRECTING EXECUTION OF A

SITE AND FACILITIES LEASE, LEASE AGREEMENT, ASSIGNMENT

AGREEMENT, NOTE AND AUTHORIZING OFFICIAL ACTIONS AND

EXECUTION OF RELATED DOCUMENTS
WHEREAS, the Ontario Public Financing Authority (the “Authority”) has been formed pursuant to the laws of the State of California, namely, the Marks-Roos Local Bond Pooling Act of 1985, constituting Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State, as amended from time to time (the “Act”), to finance the acquisition and construction of public capital improvements for the City of Ontario (the “City”); and
WHEREAS, the City has requested the Authority to issue its Lease Revenue Note (the “Note”) for the purpose of financing land acquisition for an animal shelter (the “Project”); and
WHEREAS, the City intends to lease the acquired premises (the “Leased Premises”) to the Authority pursuant to a Site and Facilities Lease (the “Site and Facilities Lease”) and lease the Leased Premises back from the Authority pursuant to the Lease Agreement between the City and the Authority (the “Lease Agreement”); and WHEREAS, the Note will be issued for the purpose of financing a portion of the cost of acquiring the Project, which Note will payable from lease payments to be paid to the Authority by the City pursuant to the Lease Agreement; and WHEREAS, the Note will be issued under the Assignment Agreement (the “Assignment Agreement”) by and between the Authority and Costello Investments LLC (the “Seller”) and secured by the payment of the lease payments under the Lease Agreement; and
WHEREAS, under the Assignment Agreement, the Authority will assign its right to receive the lease payments and the right to exercise remedies under the Lease Agreement, to the Seller; and
WHEREAS, the Board of the Authority (the “Board”) has duly considered such transactions and has determined that it approves said transactions in the public interests of the City and the Authority;
1003

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE ONTARIO PUBLIC

FINANCING AUTHORITY DOES HEREBY RESOLVE, ORDER AND DETERMINE AS FOLLOWS:

SECTION 1. Findings and Determinations. (a) Pursuant to the Act, the Board hereby finds and determines that the issuance of the Note will result in savings in effective interest rates, bond underwriting costs and bond issuance costs and thereby result in significant public benefits within the contemplation of Section 6586 of the Act. (b) The Board finds and determines that the above recitals are true and correct and that the fair rental value of the leased premises exceeds the present value of lease payments to be made under the Lease Agreement.

SECTION 2. Issuance of Note. The Board hereby authorizes the issuance of the Note for the purpose of acquiring the premises under and pursuant to the Act, in the maximum aggregate principal amount not to exceed $7,100,000.

SECTION 3. Approval of Financing Documents. The Board hereby approves each of the following documents in substantially the respective forms on file with the Secretary, together with such additions thereto and changes therein as Bond Counsel shall deem necessary, desirable or appropriate, the execution of which by the Chair, the Vice Chair, the Executive Director, or the Treasurer shall be conclusive evidence of the approval of any such additions and changes:
(1) the Site and Facilities Lease;
(2) Lease Agreement; and
(3) the Assignment Agreement.

The Chair, the Vice Chair, the Executive Director or the Treasurer are hereby authorized and directed to execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the Authority to, the final form of each of the foregoing documents and agreements for and in the name and on behalf of the Authority. The Board hereby authorizes the delivery and performance of each of the foregoing documents and agreements.

SECTION 4. Final Terms of Note. The Executive Director or the Treasurer, or their designee based on such advice of Authority staff as said officer may deem necessary, is hereby authorized and directed to act on behalf of the Authority to establish and determine (i) the final principal amount of the Note, which amount shall not exceed $7,056,823; and (ii) the interest cost on the Note shall be as set forth in the term sheet presented to this meeting.

SECTION 5. Official Actions. The Chair, the Vice Chair, the Executive Director, the Treasurer, the Secretary and any and all other officers of the Authority are hereby authorized and directed, for and in the name and on behalf of the Authority, to do any and all things and take any and all actions, and including execution, delivery and recording of 1004
any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in connection with the issuance and sale of the Note.

SECTION 6. Effective Date. This Resolution shall take effect upon adoption.

The Secretary of the Ontario Public Financing Authority shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 1st day of April, 2025. _____________________________________
PAUL S. LEON, CHAIRMAN
ATTEST:
______________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
APPROVED AS TO FORM:
_______________________________________

AUTHORITY COUNSEL
1005

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )

CITY OF ONTARIO )
I, SHEILA MAUTZ, Secretary of the Ontario Public Financing Authority, DO HEREBY CERTIFY that the foregoing Resolution No. OPFA- was duly passed and adopted by the Board Members of the Ontario Public Financing Authority at their regular meeting held April 1, 2025, by the following roll call vote, to wit:

AYES: BOARD MEMBERS:

NOES: BOARD MEMBERS:

ABSENT: BOARD MEMBERS:
______________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
The foregoing is the original of Resolution No. OPFA duly passed and adopted by the Ontario Public Financing Authority at their regular meeting April 1, 2025. _____________________________________

SHEILA MAUTZ, AUTHORITY SECRETARY
(SEAL)
1006
46700.12000\43228488.1

LEASE AGREEMENT
by and between

ONTARIO PUBLIC FINANCING AUTHORITY,
as Sublessor
and

CITY OF ONTARIO,
as Sublessee
Dated as of _______________, 2025
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TABLE OF CONTENTS
Page

ARTICLE I
DEFINITIONS; RULES OF INTERPRETATION
Section 1.01. Definitions................................................................................................................ 1 Section 1.02. Interpretation............................................................................................................ 4

ARTICLE II

COVENANTS, REPRESENTATIONS AND WARRANTIES
Section 2.01. Covenants, Representations and Warranties of the City.......................................... 5 Section 2.02. Covenants, Representations and Warranties of the Authority................................. 7

ARTICLE III

DEPOSIT AND APPLICATION OF FUNDS
Section 3.01. [Reserved]................................................................................................................ 8

ARTICLE IV
LEASE OF PROPERTY; LEASE PAYMENTS
Section 4.01. Sublease of Property by the Authority Back to the City.......................................... 8 Section 4.02. Term......................................................................................................................... 9 Section 4.03. Lease Payments........................................................................................................ 9 Section 4.04. Additional Obligations........................................................................................... 11 Section 4.05. Quiet Enjoyment .................................................................................................... 11 Section 4.06. Title........................................................................................................................ 11 Section 4.07. Release of Excess Property.................................................................................... 11 Section 4.08. Substitution of Property ......................................................................................... 12

ARTICLE V
MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS
Section 5.01. Maintenance, Utilities, Taxes and Assessments .................................................... 13 Section 5.02. Modification of Property........................................................................................ 14 Section 5.03. Public Liability Insurance...................................................................................... 14 Section 5.04. Casualty Insurance................................................................................................. 15 Section 5.05. Rental Interruption Insurance ................................................................................ 15 Section 5.06. Worker’s Compensation Insurance........................................................................ 15 Section 5.07. Recordation Hereof; Title Insurance...................................................................... 15 Section 5.08. Insurance Net Proceeds; Form of Policies............................................................. 16 Section 5.09. Installation of City’s Personal Property................................................................. 16 1008
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ii
Section 5.10. Liens....................................................................................................................... 16 Section 5.11. Advances................................................................................................................ 16 Section 5.12. Environmental Covenants...................................................................................... 16

ARTICLE VI
EMINENT DOMAIN; USE OF NET PROCEEDS
Section 6.01. Eminent Domain .................................................................................................... 17 Section 6.02. Application of Net Proceeds. ................................................................................. 17 Section 6.03. Abatement of Lease Payments in the Event of Damage or Destruction................ 19

ARTICLE VII

OTHER COVENANTS OF THE CITY
Section 7.01. Disclaimer of Warranties ....................................................................................... 20 Section 7.02. Access to the Property; Grant and Conveyance of Right of Entry ........................ 20 Section 7.03. Release and Indemnification Covenants................................................................ 20 Section 7.04. Assignment by the Authority................................................................................. 21 Section 7.05. Assignment Agreement and Subleasing by the City.............................................. 21 Section 7.06. Amendment of Lease Agreement .......................................................................... 22 Section 7.07. [Tax Covenants.].....................................................Error! Bookmark not defined.

Section 7.08. Arbitrage Rebate .....................................................Error! Bookmark not defined.

Section 7.09. Records and Accounts............................................................................................ 22 Section 7.10. Observance of Laws and Regulations.................................................................... 22 Section 7.11. Notices ................................................................................................................... 22

ARTICLE VIII

EVENTS OF DEFAULT AND REMEDIES
Section 8.01. Events of Default Defined ..................................................................................... 23 Section 8.02. Remedies on Default.............................................................................................. 23 Section 8.03. No Remedy Exclusive............................................................................................ 25 Section 8.04. Agreement to Pay Attorneys’ Fees and Expenses ................................................. 25 Section 8.05. No Additional Waiver Implied by One Waiver..................................................... 25 Section 8.06. Judicial Reference.................................................................................................. 26

ARTICLE IX

PREPAYMENT OF LEASE PAYMENTS
Section 9.01. Security Deposit..................................................................................................... 27 Section 9.02. Optional Prepayment ............................................................................................. 28 1009
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iii
Section 9.03. Mandatory Prepayment From Net Proceeds of Insurance or Eminent Domain........................................................................................................... 28

ARTICLE X

MISCELLANEOUS
Section 10.01. Notices ................................................................................................................. 28 Section 10.02. Binding Effect...................................................................................................... 29 Section 10.03. Severability .......................................................................................................... 29 Section 10.04. Net-net-net Lease................................................................................................. 29 Section 10.05. Further Assurances and Corrective Instruments.................................................. 29 Section 10.06. Execution in Counterparts.................................................................................... 30 Section 10.07. Applicable Law.................................................................................................... 30 Section 10.08. Captions ............................................................................................................... 30 Section 10.09. Third Party Beneficiary........................................................................................ 30 EXHIBIT A - DESCRIPTION OF THE SITE......................................................................... A-1 EXHIBIT B - DESCRIPTION OF THE FACILITY ................................................................B-1 EXHIBIT C - SCHEDULE OF LEASE PAYMENTS..............................................................C-1 EXHIBIT D - MEMORANDUM OF LEASE AGREEMENT................................................ D-1 EXHIBIT E - CERTIFICATE OF ASSIGNEE.........................................................................E-1 1010
46700.12000\43228488.1

LEASE AGREEMENT
THIS LEASE AGREEMENT (as amended and supplemented hereafter, this “Lease Agreement”), dated as of ______________, 2025, is by and between the ONTARIO PUBLIC FINANCING AUTHORITY, a joint exercise of powers authority, , duly organized and existing under and by virtue of the laws of the State of California, as lessor (the “Authority”), and the CITY OF ONTARIO, a general law city, duly organized and existing under and by virtue of the laws of the State of California, as lessee (the “City”);
W I T N E S S E T H :

WHEREAS, the City wishes to improve certain property for regional animal shelter facilities (the “Project”); and
WHEREAS, pursuant to that certain Site and Facility Lease, dated as of _________________________, 2025 (the “Site and Facility Lease”), the City has leased those certain parcels of real property located in the unincorporated area of San Bernardino County, State of California, more particularly described in Exhibit A attached hereto and made a part hereof (the “Site”), and any improvements to be built thereon (the “Facility” and, with the Site, the “Property”), to the Authority, all for the purpose of enabling the City to finance the Project; and WHEREAS, the Authority proposes to lease the Property back to the City pursuant to this Lease Agreement; and
WHEREAS, in consideration of the right of possession of, and the continued quiet use and enjoyment of, the Property during each Rental Period under this Lease, the City agrees to make certain Lease Payments (as hereinafter defined); and
WHEREAS, the City and the Authority have agreed to enter into this Lease Agreement providing for Lease Payments with an aggregate principal component in the amount of $7,056,823 for the purpose of implementing the financing transactions described above.

WHEREAS, the City and the Authority agree to mutually cooperate now and hereafter, to the extent possible, in order to sustain the intent of this Lease Agreement and the bargain of both parties hereto.

AGREEMENT
NOW, THEREFORE, for and in consideration of the premises and the covenants hereinafter contained, the parties hereto hereby formally covenant, agree and bind themselves as follows:

ARTICLE I
DEFINITIONS; RULES OF INTERPRETATION
Section 1.01. Definitions. All terms defined in this Section 1.01 have the meanings herein specified for all purposes of this Lease Agreement.
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2 “Additional Payments” means the amounts specified as such in Section 4.03(b) of this Lease Agreement.
“Applicable Environmental Laws” means and shall include, but shall not be limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 USC Sections 9601 et seq.; the Resource Conservation and Recovery Act (“RCRA”), 42 USC Sections 6901 et seq.; the Federal Water Pollution Control Act, 33 USC Sections 1251 et seq.; the Clean Air Act, 42 USC Sections 7401 et seq.; the California Hazardous Waste Control Law (“HWCL”), California Health & Safety Code Sections 25100 et seq.; the Hazardous Substance Account Act (“HSAA”), California Health & Safety Code Sections 25300 et seq.; the PorterCologne Water Quality Control Act (the “Porter-Cologne Act”), California Water Code Sections 1300 et seq.; the Air Resources Act, California Health & Safety Code Sections 3900 et seq.; the Safe Drinking Water & Toxic Enforcement Act, California Health & Safety Code Sections 25249.5 et seq.; and the regulations under each thereof; and any other local, state, and/or federal laws or regulations, whether currently in existence or hereafter enacted, that govern:
(a) the existence, cleanup, and/or remedy of contamination on property; (b) the protection of the environment from spilled, deposited, or otherwise emplaced contamination;
(c) the control of hazardous wastes; or
(d) the use, generation, transport, treatment, removal, or recovery of Hazardous Substances, including building materials.
“Assignee” means COSTELLO INVESTMENTS LLC a California limited liability company, and its successors and assigns.
“Assignment Agreement” means the Assignment Agreement, dated ____________________, 2025, between the Authority and Assignee, as amended and supplemented hereafter.
“Business Day” means a day other than a Saturday, Sunday or legal holiday, on which banking institutions are not closed in the State.

City Representative” means the City Manager, the Finance Director, or the designee of any such official, or any other person authorized by resolution delivered to the Authority to act on behalf of the City under or with respect to the Site and Facility Lease and this Lease Agreement. “Closing Date” means the date this Lease Agreement or a memorandum thereof is recorded in the office of the County Recorder of the County of San Bernardino. “Contract” means any indenture, trust agreement, contract, agreement (other than this Lease Agreement), other contractual restriction, lease, mortgage or instrument. “Event of Default” means any of the events of default as defined in Section 8.01. 1012
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3 “Facility” means any facilities which may be built or added to the Site. “Federal Securities” means any direct general non-callable obligations of the United States of America (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America), or obligations the timely payment of principal of and interest on which are directly guaranteed by the United States of America. “Fiscal Year” means each twelve-month period during the Term of this Lease Agreement commencing on July 1 in any calendar year and ending on June 30 in the next succeeding calendar year, or any other twelve-month period selected by the City as its fiscal year period. “Governmental Authority” means any governmental or quasi-governmental entity, including any court, department, commission, board, bureau, agency, administration, central bank, service, district or other instrumentality of any governmental entity or other entity exercising executive, legislative, judicial, taxing, regulatory, fiscal, monetary or administrative powers or functions of or pertaining to government, or any arbitrator, mediator or other person with authority to bind a party at law.
“Hazardous Substance” means any substance that shall, at any time, be listed as “hazardous” or “toxic” in any Applicable Environmental Law or that has been or shall be determined at any time by any agency or court to be a hazardous or toxic substance regulated under Applicable Environmental Laws; and also means, without limitation, raw materials, building components, the products of any manufacturing, or other activities on the Property, wastes, petroleum, and source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954, as amended (42 USC Sections 3011 et seq.). “Lease Agreement” has the meaning assigned in the preamble. “Lease Payment Date” means ______________ 1 in each year, commencing ________________, 2025, and continuing to and including the date on which the Lease Payments are paid in full.
“Lease Payments” means all payments required to be paid by the City under Section 4.04, including any prepayment thereof under Sections 9.02 or 9.03. “Material Adverse Effect” means an event or occurrence which adversely affects in a material manner (a) the assets, liabilities, condition (financial or otherwise), business, facilities or operations of the City; provided, however, in making a determination under this section (a), the Bank will not take into account for purposes of Section 8.01 any event or occurrence affecting solely any of the City’s proprietary departments, (b) the ability of the City to carry out its business in the manner conducted as of the date of this Lease Agreement or to meet or perform its obligations under this Lease Agreement on a timely basis, (c) the validity or enforceability of this Lease Agreement, or (d) the exclusion of the interest component of the Lease Payments from gross income for federal income tax purposes or the exemption of such interest for state income tax purposes.
“Material Litigation” means any action, suit, proceeding, inquiry or investigation against the City in any court or before any arbitrator of any kind or before or by any Governmental 1013
46700.12000\43228488.1
4 Authority, which (i) if determined adversely to the City, may have a Material Adverse Effect, (ii) seeks to restrain or enjoin any of the transactions contemplated by this Lease Agreement, or (iii) may adversely affect (A) the exclusion of the interest component of the Lease Payments from gross income for federal income tax purposes or the exemption of such interest for state income tax purposes or (B) the ability of the City to perform its obligations under this Lease Agreement. “Net Proceeds” means any insurance or eminent domain award (including any proceeds of sale to a governmental entity under threat of the exercise of eminent domain powers), paid with respect to the Property, to the extent remaining after payment therefrom of all expenses incurred in the collection thereof.
“Permitted Encumbrances” means, as of any time: (a) liens for general ad valorem taxes and assessments, if any, not then delinquent, or which the City may permit to remain unpaid under Article VI of this Lease Agreement; (b) the Site and Facility Lease and this Lease Agreement; (c) any right or claim of any mechanic, laborer, materialman, supplier or vendor not filed or perfected in the manner prescribed by law; (d) the exceptions disclosed in the title insurance policy issued with respect to the Property as of the Closing Date; and (e) any easements, rights of way, mineral rights, drilling rights and other rights, reservations, covenants, conditions or restrictions which exist of record and which the City certifies in writing will not materially impair the use of the Property for its intended purposes.
“Project” means the construction of improvements to the [Great Park] and appurtenant facilities.
“Property” means, collectively, the Site and the Facility. “Rental Period” means each period during the Term of the Lease commencing on and including ________________ in each year and extending to and including the next succeeding ______________ 1. The first Rental Period begins on the Closing Date and ends on __________________, 2025.
“Site” means that certain real property more particularly described in Exhibit A to the Site and Facility Lease and in Exhibit A to this Lease Agreement. “Site and Facility Lease” means the Site and Facility Lease, dated as of _________________, 2025, by and between the City, as lessor, and the Authority, as lessee, together with any duly authorized and executed amendments thereto. “Special Counsel” means (a) Best Best & Krieger LLP, or (b) any other attorney or firm of attorneys of nationally recognized expertise with respect to legal matters relating to obligations the interest on which is excludable from gross income under Section 103 of the Tax Code. “State” means the State of California.
“Term of this Lease Agreement” or “Term” means the time during which this Lease Agreement is in effect, as provided in Section 4.02.

Section 1.02. Interpretation.
1014
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5 (a) Unless the context otherwise indicates, words expressed in the singular include the plural and vice versa and the use of the neuter, masculine, or feminine gender is for convenience only and include the neuter, masculine or feminine gender, as appropriate.
(b) Headings of articles and sections herein and the table of contents hereof are solely for convenience of reference, do not constitute a part hereof and do not affect the meaning, construction or effect hereof.
(c) All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Lease Agreement; the words “herein,” “hereof,” “hereby,” “hereunder” and other words of similar import refer to this Lease Agreement as a whole and not to any particular Article, Section or subdivision hereof.

ARTICLE II

COVENANTS, REPRESENTATIONS AND WARRANTIES
Section 2.01. Covenants, Representations and Warranties of the City. The City makes the following covenants, representations and warranties to the Authority as of the date of the execution and delivery of this Lease Agreement:
(a) Due Organization and Existence. The City is a general law city, duly organized and existing under and by virtue of the laws of the State, has full legal right, power and authority under the laws of the State to enter into the Site and Facility Lease and this Lease Agreement and to carry out and consummate all transactions on its part contemplated hereby and thereby, and by proper action the City has duly authorized the execution and delivery by the City of the Site and Facility Lease and this Lease Agreement. (b) Due Execution. The representative of the City executing the Site and Facility Lease and this Lease Agreement has been fully authorized to execute the same by a resolution duly adopted by the City Council of the City. (c) Valid, Binding and Enforceable Obligations. The Site and Facility Lease and this Lease Agreement have been duly authorized, executed and delivered by the City and constitute the legal, valid and binding agreements of the City enforceable against the City in accordance with their respective terms.
(d) No Conflicts. The execution and delivery of the Site and Facility Lease and this Lease Agreement, the consummation of the transactions therein and herein contemplated and the fulfillment of or compliance with the terms and conditions thereof and hereof, do not and will not conflict with or constitute a violation or breach of or default (with due notice or the passage of time or both) under any applicable law or administrative rule or regulation, or any applicable court or administrative decree or order, or any indenture, mortgage, deed of trust, lease, contract or other agreement or instrument to which the City is a party or by which it or its properties are otherwise subject or bound, or result in the creation or imposition of any prohibited lien, charge or encumbrance of any 1015
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6 nature whatsoever upon any of the property or assets of the City, which conflict, violation, breach, default, lien, charge or encumbrance would have consequences that would materially and adversely affect the consummation of the transactions contemplated by the Site and Facility Lease or this Lease Agreement or the financial condition, assets, properties or operations of the City.
(e) Consents and Approvals. No consent or approval of any trustee or holder of any indebtedness of the City or of the voters of the City, and no consent, permission, authorization, order or license of, or filing or registration with, any governmental authority is necessary in connection with the execution and delivery of the Site and Facility Lease and this Lease Agreement, or the consummation of any transaction therein and herein contemplated, except as have been obtained or made and as are in full force and effect. (f) No Litigation. There is no action, suit, proceeding, inquiry or investigation before or by any court or federal, state, municipal or other governmental authority pending and notice of which has been served on the City or, to the knowledge of the City after reasonable investigation, threatened against or affecting the City or the assets, properties or operations of the City which, if determined adversely to the City or its interests, would have a Material Adverse Effect upon the consummation of the transactions contemplated by or the validity of the Site and Facility Lease and this Lease Agreement and the City’s ability to make the Lease Payments, and the City is not in default with respect to any order or decree of any court or any order, regulation or demand of any federal, state, municipal or other governmental authority, which default might have consequences that would materially and adversely affect the consummation of the transactions contemplated by this Lease Agreement.
(g) Sufficient Funds. The City reasonably believes that sufficient funds can be obtained to make all Lease Payments and all other amounts required to be paid pursuant to this Lease Agreement.
(h) No Defaults. The City has never non-appropriated or defaulted under any of its payment or performance obligations or covenants, either under any financing lease of the same general nature as this Lease Agreement, or under any of its bonds, notes, or other debt obligations.
(i) Fee Title. The City is the owner in fee of title to the Property. No lien or encumbrance on the Property materially impairs the City’s use of the Property for the purposes for which it is, or may reasonably be expected to be, held. (j) Use of the Property, Essentiality. During the term of this Lease Agreement, the Property will be used by the City only for the purpose of performing one or more governmental or proprietary functions of the City consistent with the permissible scope of the City’s authority. The Property is essential to the City’s operations and the lease thereof for use by the City is in the best interest of the City. (k) Hazardous Substances. The Property is free of all Hazardous Substances, and the City is in full compliance with all Applicable Environmental Laws. 1016
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7 (l) Flooding Risk. The Property is not located in a flood hazard area and has never been subject to material damage from flooding.
(m) Value of Property. The value of the Property (real property replacement cost) is not less than $7,056,823.
(n) Financial Statements. The statement of financial position of the City as of June 30, 2023, and the related statement of activities and statement of cash flows and changes in financial position for the year then ended and the auditors’ reports with respect thereto, copies of which have heretofore been furnished to the Authority, are complete and correct and fairly present the financial condition, changes in financial position and results of operations of the City at such date and for such period, and were prepared in accordance with generally accepted accounting principles. Since the period of such statements, there has been no (i) change which would have a Material Adverse Effect and (ii) no material increase in the indebtedness of the City.
(o) No Material Adverse Change. Since the most current date of the information, financial or otherwise, supplied by the City to the Authority:
(i) There has been no change in the assets, liabilities, financial position or results of operations of the City which might reasonably be anticipated to cause a Material Adverse Effect.
(ii) The City has not incurred any obligations or liabilities which might reasonably be anticipated to cause a Material Adverse Effect. (iii) The City has not (A) incurred any material indebtedness, other than the Lease Payments, and trade accounts payable arising in the ordinary course of the City’s business and not past due, or (B) guaranteed the indebtedness of any other person.
(p) Accuracy of Information. All information, reports and other papers and data furnished by the City to the Authority and the Assignee were, at the time the same were so furnished, complete and accurate in all material respects and insofar as necessary to give the Authority and the Assignee a true and accurate knowledge of the subject matter and were provided in expectation of the Authority’s and the Assignee’s reliance thereon in entering into the transactions contemplated by this Lease Agreement. Any financial, budget and other projections furnished to the Authority and the Assignee by the City or its or their agents were prepared in good faith on the basis of the assumptions stated therein, which assumptions were fair and reasonable in light of the conditions existing at the time of delivery of such financial, budget or other projections, and represented, and as of the date of this representation, represent the City’s best estimate of its future financial performance.

Section 2.02. Covenants, Representations and Warranties of the Authority. The Authority makes the following covenants, representations and warranties to the City as of the date of the execution and delivery of this Lease Agreement:
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8 (a) the Authority has been duly organized and is validly existing as a joint powers authority under the laws of the State of California with full corporate power to enter into and undertake its duties and obligations hereunder and has sufficient knowledge and experience in financial and business matters, including purchase and ownership of taxexempt municipal obligations, to be able to evaluate the economic risks and merits of the investment represented by the Lease;
(b) the execution, delivery and performance of this Lease Agreement and the Site and Facility Lease have been duly authorized by all necessary corporate actions on the part of the Authority and do not require any further approvals or consents; (c) the execution, delivery and performance of this Lease Agreement and the Site and Facility Lease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement or instrument to which the Authority is a party by which it or its property is bound;
(d) there is no pending or, to the knowledge of the Authority, threatened action or proceeding before any court or administrative agency which will materially adversely affect the ability of the Authority to perform its obligations under this Lease Agreement and the Site and Facility Lease;
(e) the Authority will not mortgage or encumber the Property or the Lease Agreement or assign this Lease Agreement or its rights to receive Lease Payments hereunder, except as expressly permitted herein or in the Site and Facility Lease; and (f) on or prior to the Closing Date, the Authority will require the Assignee to deliver to the City a certificate substantially in the form set forth in Exhibit E attached hereto in connection with its assignment of its interest herein to Assignee.

ARTICLE III

DEPOSIT AND APPLICATION OF FUNDS
Section 3.01. [Reserved].

ARTICLE IV
LEASE OF PROPERTY; LEASE PAYMENTS
Section 4.01. Sublease of Property by the Authority Back to the City. (a) The Authority hereby subleases the Property to the City, and the City hereby subleases the Property from the Authority, upon the terms and conditions set forth in this Lease Agreement.
(b) The leasing of the Property by the City to the Authority pursuant to the Site and Facility Lease shall not affect or result in a merger of the City’s subleasehold estate 1018
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9 pursuant to this Lease Agreement and its fee estate as lessor under the Site and Facility Lease.

Section 4.02. Term. The Term of this Lease Agreement commences on the __th day of _______________, 2025 and ends on _________________, 2035, or the date on which all of the Lease Payments have been paid in full. If on __________________, 2035, the Lease Payments payable hereunder shall have been abated at any time and for any reason and not otherwise paid from rental interruption insurance or other sources, or the City shall have defaulted in its payment of Lease Payments hereunder or any Event of Default has occurred and continues without cure by the City, then the term of this Lease Agreement shall be extended for the actual period of abatement or for so long as the default remains uncured, as necessary to accommodate the final payment of all Lease Payments due hereunder, not to exceed 10 years. The provisions of this Section 4.02 are subject to the provisions of Section 6.01 relating to the taking in eminent domain of the Property or any portion thereof.

Section 4.03. Lease Payments.
(a) Obligation to Pay. Subject to the provisions of Sections 6.01 and 6.03 and the provisions of Article IX, the City agrees to pay to the Authority, its successors and assigns, the Lease Payments (denominated into components of principal and interest) in the respective amounts specified in Exhibit C attached hereto (including any supplements thereto) and by this reference incorporated herein, to be due and payable in immediately available funds on each of the respective Lease Payment Dates specified in Exhibit C. The Lease Payments payable in any Rental Period with respect to the Property shall be for the use of the Property during such Rental Period. The interest components of the Lease Payments have been calculated based on an interest rate of ____% per annum, on the basis of a 360-day year of twelve 30-day months, and shall be payable with respect to the amounts drawn pursuant to Section 3.01 hereof. The City understands that the Assignee will send an invoice to the City in advance of each Lease Payment Date. (b) Additional Payments. In addition to the Lease Payments set forth herein, the City agrees to pay as Additional Payments all of the following:
(i) all taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Property or upon any interest of the Authority therein or in this Lease Agreement; provided, however, the City may, at the City’s expense and in its name, in good faith contest any such taxes and assessments and, in the event of such contest, may permit such taxes and assessments to remain unpaid during the period of such contest and appeal therefrom unless the Authority shall notify the City that, in the opinion of Bond Counsel, by nonpayment of any such items, the interest of the Authority in the Property will be materially endangered or the Property, or any portion thereof, will be subject to loss or forfeiture, in which event the City shall promptly pay such taxes and assessments or provide the Authority with full security against any loss which may result from nonpayment, in form satisfactory to the Authority; 1019
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10 (ii) insurance premiums, if any, on all insurance required under the provisions of Article V hereof; and
(iii) any other reasonable fees, costs or expenses incurred by the Authority in connection with the execution, performance or enforcement of this Lease Agreement or any of the transactions contemplated hereby or related to the Property, including, without limitation, any amounts which may become due; provided, however, the City shall not be responsible for any costs incurred by the Authority associated with any assignment of this Lease Agreement.

Amounts constituting Additional Payments payable hereunder shall be paid by the City directly to the person or persons to whom such amounts shall be payable. The City shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within 30 days after notice in writing from the Authority to the City stating the amount of Additional Payments then due and payable and the purpose thereof. (c) Effect of Prepayment. If the City prepays all Lease Payments in full under Sections 9.02 or 9.03, the City’s obligations under this Section will thereupon cease and terminate. If the City prepays the Lease Payments in part but not in whole under Section

9.03, the principal components of the remaining Lease Payments will be reduced in inverse order; and the interest component of each remaining Lease Payment will reflect the actual interest amount accrued at the interest rate than in place. (d) Fair Rental Value. The Lease Payments coming due and payable during each Rental Period constitute the total rental for the Property for such Rental Period, and will be paid by the City in each Rental Period for and in consideration of the right of the use and occupancy of, and the continued quiet use and enjoyment of the Property during each Rental Period. The City has determined that the total Lease Payments due during each Rental Period are not in excess of the fair rental value of the Property during such Rental Periods. In making this determination, consideration has been given to the estimated fair market value of the Property, the estimated replacement cost of the Property, the uses and purposes which may be served by the Property and the benefits therefrom which will accrue to the City and the general public.
(e) Source of Payments; Budget and Appropriation. The Lease Payments are payable from any source of legally available funds of the City, subject to the provisions of Sections 6.01, 6.03 and 9.01. The City covenants to take such action as may be necessary to include all Lease Payments in each of its annual budgets during the Term of this Lease Agreement and to make the necessary annual appropriations for all such Lease Payments.

The covenants on the part of the City herein contained constitute duties imposed by law and it is the duty of each and every public official of the City to take such action and do such things as are required by law in the performance of the official duty of such officials to enable the City to carry out and perform the covenants and agreements in this Lease Agreement agreed to be carried out and performed by the City. (f) Allocation of Lease Payments. All Lease Payments received shall be applied first to the interest components of the Lease Payments due hereunder, then to the 1020
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11 principal components of the Lease Payments due hereunder, but no such application of any payments that are less than the total rental due and owing shall be deemed a waiver of any default hereunder.
(g) No Offsets. Notwithstanding any dispute between the Authority and the City, the City shall make all Lease Payments when due without deduction or offset of any kind and shall not withhold any Lease Payments pending the final resolution of such dispute.
(h) Payments under this Lease Agreement. The Authority hereby directs the City, and the City hereby agrees, to pay to the Authority (or to its assignees as directed pursuant to Section 7.04 hereof) all payments payable by the City under this Section 4.03 and all amounts payable by the City under Article IX. Lease Payments shall be paid at the direction of the Authority to the Assignee as set forth in the Assignment Agreement:

Section 4.04. Additional Obligations. The City shall not issue additional leases, bonds, notes or other indebtedness which are Secured from lease payments against the Property without the written consent of the Assignee.

Section 4.05. Quiet Enjoyment. Throughout the Term of this Lease Agreement, the Authority will provide the City with quiet use and enjoyment of the Property and the City will peaceably and quietly have and hold and enjoy the Property, without suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease Agreement. The Authority will, at the request of the City and at the City’s cost, join in any legal action in which the City asserts its right to such possession and enjoyment to the extent the Authority may lawfully do so.

Notwithstanding the foregoing, the Authority has the right to inspect the Property as provided in Sections 5.12(c) and 7.02.

Section 4.06. Title. At all times during the Term of this Lease Agreement, the City shall hold title to the Property, including all additions which comprise fixtures, repairs, replacements or modifications thereto, subject to Permitted Encumbrances and subject to the provisions of Section

7.02. Upon the termination of this Lease Agreement (other than under Section 8.02(b) hereof), all right, title and interest of the Authority in and to the Property shall be transferred to and vested in the City. Upon the payment in full of all Lease Payments allocable to the Property, or upon the deposit by the City of security for such Lease Payments as provided in Section 9.01, all right, title and interest of the Authority in and to the Property shall be transferred to and vested in the City.

The Authority agrees to take any and all steps and execute and record any and all documents reasonably required by the City to consummate any such transfer.

Section 4.07. Release of Excess Property. The City may, at any time and from time to time, release any portion of the Property (the “Released Property”) from this Lease Agreement, with the prior written consent of the Authority and the Assignee, which consent shall be at the Authority’s and Assignee’s sole discretion, and upon satisfaction of all of the following requirements which are conditions precedent to such release:
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12 (a) The City shall certify to the Authority that no Event of Default has occurred and is continuing, and no event giving rise to an abatement of Lease Payments under Section 6.03 has occurred or is continuing with respect to the Property to be remaining following release of the Released Property;
(b) The City shall file with the Authority, and cause to be recorded in the office of the San Bernardino County Recorder, an amendment to this Lease Agreement which deletes the Released Property from the description of the Property; (c) The City shall file with the Authority a written certificate of the City stating the City’s determination that the estimated fair rental value, for each remaining Rental Period and in the aggregate, of the Property remaining after release of the Released Property is at least equal to the remaining Lease Payments for each remaining Rental Period and in the aggregate, and that the remaining property under this Lease Agreement constitutes an entire assessor’s parcel; and
(d) The City shall file with the Authority such other information, documents and instruments as the Authority shall reasonably request, including (if requested by the Authority) evidence of the insurable value of the Property to be remaining following release of the Released Property, indicating that such value is in excess of the then unpaid principal component of the Lease Payments and such endorsements to the title policy delivered on the Closing Date.

Upon the satisfaction of all such conditions precedent, the Term of this Lease Agreement will thereupon end as to the Released Property. The City shall be responsible for all costs relating to such release, including the costs of the Assignee’s legal counsel. The City is not entitled to any reduction, diminution, extension or other modification of the Lease Payments whatsoever as a result of such release. The Authority and the City shall execute, deliver and cause to be recorded all documents required to discharge this Lease Agreement of record against the Released Property.

Section 4.08. Substitution of Property.

The City may at any time and from time to time, with the prior written consent of the Authority, substitute other real property (the “Substitute Property”) for the Property, or any portion thereof (the “Former Property”), provided that the City satisfies all of the following requirements which are conditions precedent to such substitution:
(i) No Event of Default shall have occurred and be continuing and no event giving rise to an abatement of Lease Payments under Section 6.3 hereof shall have occurred and be continuing with respect to the Substitute Property; (ii) The City shall file with the Authority, and cause to be recorded in the office of the San Bernardino County Recorder sufficient memorialization of, an amendment of the Lease Agreement which adds to Exhibit B thereto a description of such Substitute Property and deletes therefrom the description of such Former Property; (iii) The City shall obtain a ALTA policy of title insurance insuring the Authority’s leasehold estate under the Site and Facility Lease in such Substitute Property, 1022
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13 subject only to Permitted Encumbrances, in an amount at least equal to the aggregate principal components of the Lease Payments outstanding under this Lease Agreement; (iv) The City shall certify in writing to the Authority and the Assignee that such Substitute Property serves the municipal purposes of the City and constitutes property which the City is permitted to lease under the Laws of the State of California, and has been determined to be essential to the proper, efficient and economic operation of the City and to serve an essential governmental function of the City; (v) The Substitute Property shall not cause the City to violate any of its covenants, representations and warranties made in this Lease Agreement; (vi) The City shall file with the Authority and the Assignee an appraisal or other written documentation acceptable to the Authority and the Assignee which establishes that the fair market value and the fair rental value of the Substitute Property are at least equal to the present value of the remaining Lease Payments in the aggregate and for each remaining Rental Period, respectively, and that the useful life of the Substitute Property at least equals the lesser of (i) the useful life of the Former Property; or (ii) the final Lease Payment Date of the Lease Payments allocable thereto; and (vii) In the event of damage or destruction of the Leased Property from earthquake or other uninsured peril, the City shall substitute under this Lease Agreement other unencumbered real property of a value and useful life not less than the outstanding principal component of the Lease Payments and the remaining term of this Lease Agreement.

Upon the satisfaction of all such conditions precedent, the term of the Lease Agreement shall thereupon end as to the Former Property and shall thereupon commence as to the Substitute Property, and all references to the Former Property shall apply with full force and effect to the Substitute Property. The City shall not be entitled to any reduction, diminution, extension or other modification of the Lease Payments whatsoever as a result of such substitution. The Authority and the City shall execute, deliver and cause to be recorded all documents required to discharge the Lease Agreement of record against the Former Property. The City shall be responsible for all costs related to such substitution, including the costs of the Assignee’s legal counsel.

ARTICLE V
MAINTENANCE; TAXES; INSURANCE; AND OTHER MATTERS
Section 5.01. Maintenance, Utilities, Taxes and Assessments. Throughout the Term of this Lease Agreement, as part of the consideration for the rental of the Property, all improvement, repair and maintenance of the Property are the sole responsibility of the City, and the City will pay for or otherwise arrange for the payment of all utility services supplied to the Property, which may include, without limitation, janitor service, security, power, gas, telephone, light, heating, water and all other utility services, and shall pay for or otherwise arrange for the payment of the cost of the repair and replacement of the Property resulting from ordinary wear and tear or want of care on the part of the City or any assignee or sublessee thereof. In exchange for the Lease Payments 1023
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14 herein provided, the Authority agrees to provide only the Property, as hereinbefore more specifically set forth. The City waives the benefits of subsections 1 and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California Civil Code, but such waiver does not limit any of the rights of the City under the terms of this Lease Agreement.

Ontario City CouncilApril 1, 2025

Ontario City Council
April 1, 2025