H. Cable Television Systems. Pursuant to GC Section 66473.3, the Approving Authority may require the design of a subdivision for which a tentative map or parcel map is required pursuant to Section 6.08.010 (Maps) of this Division, to provide for appropriate cable television systems and for communication systems, including, but not limited to, telephone and Internet services, to each lot in the subdivision. This provision shall not apply to the conversion of existing dwelling units to a common interest project.
6.08.020: Monuments
A. Pursuant to GC Section 66495, at the time of survey of the final map or parcel map, the engineer or surveyor shall set sufficient durable monuments so that another engineer or surveyor may readily retrace the survey. The exterior boundary of the land being subdivided shall be adequately monumented or referenced prior to recordation of the final map or parcel map.
B. The subdivider shall submit to the City Engineer, in a form satisfactory to the City Engineer, a tie sheet showing proper ties to the location of the centerline monuments. A minimum of 3 ties shall be shown for each centerline monument. All monuments set, and tie monuments set, shall be permanently marked or tagged with the registration or license number of the responsible engineer or surveyor.
C. Interior monuments need not be set at the time the map is recorded, provided the engineer or surveyor certifies on the map that the monuments will be set prior to City Engineer acceptance of the improvements or within 2 years following the recordation of the final map, 2572
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whichever is later, and the subdivider furnishes to the City, security guaranteeing the full payment of the cost of setting the monuments.
D. Pursuant to GC Section 66497, the engineer or surveyor shall notify the subdivider and the City Engineer when monuments have been set. If the subdivider does not present evidence to the City that the engineer or surveyor has been paid for the setting of the final monuments, and the engineer or surveyor notifies the City that payment has not been received from the subdivider for the setting of the final monuments, within 3 months following the date of notification, the City shall pay the amount due to the engineer or surveyor from the monument deposit.
E. In the event of the death, disability or retirement from practice of the engineer or surveyor charged with the responsibility for setting monuments, or in the event of his refusal to set such monuments, the City Council may direct the City Engineer, or such engineer or surveyor as it may select, to set such monuments. If the original engineer or surveyor is replaced by another, the former may release his obligation to set the final monuments to the surveyor or engineer who replaced him, by letter to the City Engineer. When the monuments are so set, the substitute engineer or surveyor shall amend any map filed pursuant to this Section and the provisions of GC Section 66498, and GC Section 66499 through 66472, inclusive.
6.08.025: Reports
A. Soils Report.
1. Prior to the approval of a final tract or parcel map, vesting map, or development plan, the City may require that the subdivider and/or developer submit a preliminary soils report.
If required, the report shall be prepared by a civil engineer who is registered by the State of California and shall be based upon adequate test borings or excavations in the subdivision.
2. A soils report shall be prepared by a qualified civil or geotechnical engineer, who is registered by the State of California. An investigation of each parcel in the subdivision shall be prepared if the preliminary soils report (if required) indicates the presence of any of the following problems:
a. Critically expansive soils or other soil problems that, if not corrected, would lead to structural defects;
b. Rocks or liquids containing deleterious chemicals that, if not corrected, could cause construction materials, such as concrete, steel, and ductile or cast iron, to corrode or deteriorate; or
c. The presence of methane gas and/or other toxic gases or substances, which, if not corrected, could cause life endangerment.
3. The soil investigation shall recommend corrective action that is likely to prevent structural damage to each building proposed to be constructed in the area where the soil problem exists.
4. The City shall approve a soils report (if required) upon determination that the recommended corrective action is likely to prevent structural damage to each building to be constructed in the area where a soil problem exists. The subdivider may appeal the determination to the City Council pursuant to the procedures set forth in Division 2.04 (Appeals) of this 2573
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Development Code. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
B. Geological Hazard Reports.
1. Prior to the approval of a final tract map or parcel map, vesting map or development plan, the City may require subdivider or developer submit a geological hazard report if the subdivision includes land within a geologic hazard area identified in the Policy Plan (General Plan) component of The Ontario Plan or by the California Department of Conservation, or if the Building Official determines that other geological conditions warrant the preparation of a report. The report shall be prepared by a civil engineer who is registered by the State of California and shall be based upon appropriate field observations.
2. If the geological hazard report indicates the presence of a potential geological hazard to life, health, or property, a qualified civil or geotechnical engineer, who is registered by the State of California, shall prepare a geological mitigation plan that identifies corrective action for the potential hazard, which shall be filed with the City.
3. The City shall approve the mitigation plan if it is determined that the recommended corrective action is likely to mitigate the potential hazard. The subdivider may appeal the determination to the City Council, pursuant to the procedures set forth in Division 2.04 (Appeals) of this Development Code. Subsequent building permits shall be conditioned upon the incorporation of the recommended corrective action in the construction of each building.
6.08.030: Park Dedication and In-Lieu Fee Regulations
A. Purpose. These park dedication and in-lieu fee regulations are enacted pursuant to the authority granted by GC Section 66477 and shall be interpreted consistent with the provisions thereof. The park and recreational facilities for which payment of impact fees and/or dedication of land are required by the terms of this Section shall be provided in accordance with the standards, specifications, and requirements of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, any applicable specific plan, and any other applicable resolution, policy, or standard of the City.
B. Applicability.
1. Effect on Other Laws. With respect to the requirement for the payment of impact fees or the dedication of land for park and recreational purposes by the subdivider or developer of a residential project, or the residential portion of a mixed-use project, pursuant to this Development Code, this Section shall supersede all other ordinances or regulations of the City inconsistent herewith. The enactment of this Section shall not supersede any other provisions or authority adopted by ordinance of the City Council, unless expressly stated in this Section.
2. Exemptions. The provisions of this Section shall not apply to subdivisions containing less than 5 parcels and not used for residential purposes; provided, however, that a condition may be placed on the approval of such parcel map that if a building permit is requested for construction of a residential structure or structures on one or more of the parcels within 4 years, an impact fee may be required to be paid by the owner of each parcel as a condition to the issuance of such permit. In addition, the provisions of this Section shall not apply to nonresidential subdivisions; or to condominium or stock cooperative projects that consist of the subdivision of 2574
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airspace in an existing apartment building that is more than 5 years old, when no new dwelling units are added.
C. Definitions. The following definitions shall govern the meaning of the words as used in this Section, unless from the context in which the word is used, a different meaning is clearly intended:
1. Fair Market Value. The value of land set forth in the City's general and specific plans, which are earmarked to be acquired by the City upon which the City intends to locate park and recreational facilities to service residents of the subdivision. Fair market value shall be based upon an appraisal by a qualified appraiser selected by the City, which appraisal shall be updated from time to time by the City. The fair market value shall be determined as of the time the final map or parcel map is filed. With regard to any park and recreation improvements, or equipment provided by the subdivider, the fair market value shall be the actual cost to acquire, construct, or install the improvement or equipment.
2. Park. A lot that is, or contiguous lots that are, owned, operated, and maintained by a public agency or private association, and which provides recreational land and facilities for the benefit and enjoyment of the residents of the subdivision and of persons residing, working, or visiting in the City. Parks may be classified as community parks, including community centers, athletic facilities, large multi-user swimming pools, picnic areas, cultural centers, or similar facilities; public neighborhood parks, including playground equipment, sports fields, and picnic areas; and private neighborhood parks, generally intended to serve only the immediate subdivision/development or specified planned community in which they are located. Parks may also include, or be limited to, open space areas suitable for active or passive uses.
3. Park and Recreational Facilities. Any public improvements deemed necessary by the City to develop, improve, or rehabilitate land and facilities for park and recreational purposes.
Such improvements may include, but not be limited to, grading; landscaped areas for active and passive recreational use, open space and sports fields; irrigation and drainage systems; lawn, shrubs and trees; facilities for recreational community gardening; walkways; bicycle facilities and park lighting; playground or other recreational equipment; picnic facilities; community center or other buildings, swimming pools; volleyball, basketball, tennis, racquetball, and other courts; vehicle driveways and parking areas, and any other facilities which may hereafter be authorized by state law or approved by the City.
4. Private Open Space. Privately owned land and facilities for park and recreation purposes provided within a subdivision, and perpetually maintained and operated by the future residents or owner of the subdivision.
D. Payment of Impact Fees or Park Dedication Required. As a condition of approval of a tentative tract or parcel map, final tract or parcel map, or development project for a residential subdivision or the residential portion of a mixed-use project, or for a building permit within a subdivision, the subdivider shall be required to pay an impact fee, offer for dedication of park land in lieu thereof, or both, at the sole and exclusive option of the City, in the amount provided in this Section, for park and recreational purposes, unless the subdivider is exempted from this requirement by the express provisions of this Section. The payment of an impact fee and/or offering for dedication of land shall be at the time and according to the standards and formula contained in this Section.
E. Standards for Determining Dedication/Maximum Requirement. 2575
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1. General. If the park dedication is required under Subsection D (Payment of Impact Fees or Park Dedication Required), above, the park area required shall be determined pursuant to the standards provided in this Section.
2. Standard of Park Area to Population (Park Area Standard Ratio). it is found and determined that the public interest, convenience, health, safety, and welfare of the residents of the City require that 5.0 acres of property for every 1,000 persons residing within the City be devoted to local park and recreational purposes, and that such park area is necessary to provide for the needs of the current and future persons residing and working in the City. The ratio of 0.005 shall hereafter be referred to as the "Park Area Standard Ratio."
3. Computation of Maximum Area of Public Parkland to be Dedicated. a. The maximum amount of public park land required to be dedicated by a subdivision or development project shall be equal to the Total Number Of Dwelling Unit Types multiplied by the dwelling unit occupancy factor established pursuant to Subparagraph b, below, multiplied by 0.005 (the Park Area Standard Ratio of 5.0 acres per 1,000 population). The computation is represented as follows:
Area of Public Parkland to be Dedicated = (Total Number of Dwelling Unit Types) x (Dwelling Unit Occupancy Factor) x (0.005)
b. The Dwelling Unit Occupancy Factor for each housing type shall be established by resolution of the City Council, based upon the latest available census data. c. The City Council, by resolution, may require a dedication of parkland less than the maximum amount set forth above if the City Council finds, and clearly establishes that a smaller dedication will adequately serve the public interest, convenience, health, safety, and welfare of the residents of the City.
4. Qualification of Land Being Dedicated. In addition to meeting the requirements set forth in this section, any land offered for park dedication shall meet the applicable criteria specified in Section 6.08.035 (Dedications and Improvements) of this Division.
F. Standards for Determining Park Impact Fee/Maximum Fee.
1. When required by Subsection G (Determination of Dedication, Fees, or Combination) of this Section, the subdivider or developer shall pay to the City, a fee in lieu of making an offer of parkland dedication. For the purposes of impact fee calculation, 3.0 acres of property for every 1,000 persons residing within the City shall be determined to be devoted to local parkland and recreational purposes, thereby resulting in the ratio of 0.003 to be hereafter referred to as the "Park Area Fee Standard Ratio."
2. The Park Impact Fee shall be equal to the total number of dwelling units multiplied by the Dwelling Unit Occupancy Factor established pursuant to Subparagraph E.3.b (Dwelling Unit Occupancy Factor) of this Section, multiplied by the Park Area Fee Standard Ratio, multiplied by the area of parkland to be dedicated under Paragraph E.3 (Computation of Maximum Area of Parkland to be Dedicated) of this Section, multiplied by the fair market value of the land to be developed by the City for parkland and recreational facilities. The computation is represented as follows:
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Park Impact Fee = (Total Number of Dwelling Units) x (Occupancy Factor) x (0.003) x (Fair Market Value of Land to be Developed)
G. Determination of Dedication, Fees, or Combination.
1. Impact Fee Generally Required. Where required by the City or where no park or recreational facility located in whole or in part within the proposed subdivision is designated in the general plan of the City or other adopted resolution policy or standard of the City, the subdivider or developer shall pay an impact fee computed in accordance with Subsection F (Standards for Determining Impact Fees/Maximum Fee), above, to be used for park and recreational purposes to serve the residents of the area being subdivided and other members of the public.
2. Dedication in Lieu of Impact Fee. Where a park or recreational facility has been designated in the Policy Plan (General Plan) component of The Ontario Plan of the City, or other adopted resolution policy or standard of the City, and is to be located in whole or in part within the proposed subdivision to serve the immediate and future needs of the residents of the subdivision and other members of the public, the City may require the subdivider to dedicate land for a park and provide recreational facilities thereon in lieu of payment of an impact fee as provided in this Section, if the City determines that dedication is desirable as provided in this Section. If the fair market value of the park and recreational facilities provided is less than that required hereunder, the difference shall be paid by the subdivider as an impact fee.
3. Combination of Land and Fees. The City may accept a combination of land, recreational facilities, and fees, with the respective amounts to be determined by the sole discretion of the City, so long as the aggregate fair market value of the land and recreational facilities, plus in-lieu fees, does not exceed the limits established in this Section.
4. Determination of Land or Fee. Whether the City requires payment of an impact fee, or requires land dedication in lieu thereof, or a combination of both, shall, in the City's sole discretion, be determined by consideration of the following, and such determination shall be final and conclusive:
a. The provisions of the City's general plan, any specific plan adopted thereto, and any other adopted resolution, policy or regulation of the City; b. Topography, geology, access and location of land in the subdivision available for dedication;
c. Size and shape of the subdivision and land available for dedication; d. The feasibility of dedication;
e. Access and location of other park sites to subdivision; and f. Need of other accessible park sites for development, improvement, and rehabilitation.
5. Impact Fees for Subdivisions of 50 Parcels or Less. If the subdivision contains 50 lots or less, only the payment of impact fees may be required, except that condominium, stock cooperative or community apartment projects may be required to dedicate land if they have more than 50 dwelling units.
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H. Subdivider Credits.
1. Public Parks. The subdivider shall receive a credit against the impact fee payment or park dedication requirement for the fair market value of any land dedicated and for the value of any park and recreation improvements provided by subdivider in conjunction with any public park. The value of such improvements shall be determined by City based upon Paragraph C.4 of this Section.
2. Private Park. In conjunction with any planned development, real estate development, stock cooperative, community apartment, or condominium, as defined by state law, if the subdivider provides private open space as defined in Subsection C (Definitions) of this Section, then the subdivider may receive a credit against the park dedication requirement of this Section, in an amount to be determined by the City Council or its designee, but such credit shall not exceed 33 percent of such impact fee payment or park dedication requirement. The actual amount of such credit shall be determined by the City Council or its designee, based upon the comparability of the private open space to public park area and the adequacy of such private open space to serve the needs of the subdivision for active recreational uses.
3. Application of Credits. The credits provided by Paragraphs H.1 and H.2, above, shall be applied to reduce the subdivider's obligation to dedicate and/or pay an impact fee as required under this Section, but only to the extent of such credit.
I. Disposition of Land or Fees.
1. The amount and location of land to be dedicated, or the impact fees to be paid, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. In accordance with GC Section 66477, it is expressly acknowledged that the land to be dedicated or impact fees to be paid may be for both neighborhood and community parks. In addition, such impact fees may be used to improve or rehabilitate existing parks.
2. Impact fees paid by a subdivider pursuant to this Section may be spent to develop, improve, and rehabilitate community and neighborhood parks even though such parks may be used by nonresidents of the subdivision, so long as the benefit of the park and recreational facilities to residents of the subdivision is reasonable in relation to the location of the parks and amount of the impact fees.
J. Time of Payment of Impact Fees or Land Dedication. All park impact fees shall be paid directly to the City Cashier at the time of issuance of a building permit for each lot within the subdivision. In the event of a dedication requirement, the subdivider shall make an irrevocable offer of dedication to the City at the time of recordation of the final map.
K. Schedule of Performance.
1. City's Schedule. The City shall prepare and maintain a schedule specifying how, when, and where land or impact fees, or both, which were dedicated to the City to develop park or recreational facilities will be used. Any impact fees collected pursuant to this Section shall be committed within 5 years after the payment of such fees or the issuance of building permits on 50 percent of the lots created by the subdivision, whichever occurs later. If any fees are not so committed, they shall be distributed to subdivision owners in accordance with law. 2578
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2. Subdivider's Schedule. In the event that a subdivider improves or develops parks for public or private ownership, they shall prepare a schedule specifying when, how, and where they will develop the park or recreational facilities to serve the residents of the subdivision. This schedule will be required as a condition of subdivision map approval.
L. Procedure. Unless otherwise expressly provided in this Section, any decision or action required by City in this Section shall be made after the duly noticed public hearing, at the time of approval of the tentative tract map or parcel map by the Approving Authority. Such decision or action shall be made a condition of approval of the subdivision map and shall be final and conclusive in the absence of a timely filed appeal pursuant to Division 2.04 (Appeals).
6.08.035: Dedications and Improvements
A. General Requirements.
1. The public need, safety, and general welfare require that dedications, offers of dedication, and irrevocable offers of dedication of real property for various public uses be made to the City, or other public agency or district, as conditions precedent to the approval or conditional approval of tentative tract or parcel maps, final tract and parcel maps, development plans, reversions to acreage, lot line adjustments, and consolidations and combinations of lots, or any other action or event requiring evidence of official City approval.
2. Dedications may be required for streets, highways, alleys, public service easements, courts, walkways, bicycle trails, equestrian trails, recreation trails, vehicular and pedestrian access rights, slopes, storm drains, watercourses, floodplains, sewers, water lines, water rights, public utilities, traffic signal facilities, transit facilities, environmental enhancement, landscaping, parks, recreation areas, and for all other public uses not specified, if found to be required to conform to, or implement the Policy Plan (General Plan) component of The Ontario Plan or any element thereof, or any applicable specific plan, planned unit development, master plan, and/or City standard. Dedications may also be required by the City on behalf of any other public agency or district.
B. Dedication Requirements.
1. Dedications for streets and highways shall be to the width as designated by the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan and City standards, or as designated by an approved specific plan. Deviations may be allowed for streets and highway widths not shown in the Mobility Element, or in any approved specific plan, based upon the land use, traffic volumes or other factors as determined by the City Engineer.
2. Dedications for other public easements shall be based upon the need for service, accessibility, topography, clearances available, and other circumstances and factors as determined by the City Engineer.
C. Method of Dedication. Dedications shall be made to the City by the following prescribed methods:
1. Final Map, Parcel Map, or Development Project. All streets, highways, alleys, easements, and lots offered for dedication or to be dedicated shall be clearly indicated on the map or development plan. They shall be clearly described in the appropriate statement on the 2579
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Ontario Development Code Page 6.08-11 (Rev. 12.01.2020) title sheet of the map or development plan. Vehicular access right dedications shall likewise be shown and described on the final map.
2. Separate Instrument. Where dedications are made a requirement of the final approval of a Lot Merger, Development Plan, Conditional Use Permit, building permit, or any other permit, and no final map or parcel map is required to be filed and recorded as a condition thereof, the required dedications shall be made by separate instrument in a form approved by the city attorney, which shall be signed, executed and acknowledged by all parties having record title interest in the property or rights being dedicated. Preparation, execution, and delivery of the fully executed instrument shall be made prior to the final approval by the City of the lot consolidation, lot combination, development plan, or permit being requested.
3. Fee Title. Fee title shall be granted by the subdivider when in the opinion of the City Engineer, in consultation with the City Attorney, it is necessary to carry out policies and requirements of the Policy Plan (General Plan) component of The Ontario Plan, and any City ordinance, resolution or standard.
D. Acceptance of Dedications. Acceptance of dedications shall be in conformance with the following:
1. At the time of final map or parcel map acceptance and approval, the Approving Authority may accept or accept subject to improvement, any or all dedications or offers of dedication. The City Clerk shall certify the action by the Approving Authority on the map.
2. Until any dedication is accepted by the City by execution of a Certificate of Acceptance recorded in the office of the County Recorder, the City shall not be responsible for, and shall not incur, any liability with respect to the offered property.
3. If any dedication is accepted, including but not limited to road or street, path, storm drain, sanitary sewer, water (potable or recycled), public utilities, and/or other public use easement, the acceptance shall be completed by the execution and recordation of a Certificate of Acceptance, recorded in the office of the County Recorder.
4. If any dedication is accepted subject to the completion and acceptance of public improvements, the City shall not be responsible for or incur any liability with respect to such dedication, unless and until the public improvements are completed by the subdivider and accepted by the City as evidenced by a notice of completion issued by the City Engineer pursuant to Section 6.08.040.J.4 of this Division. The ownership of and responsibility for the construction and maintenance of any public improvement is held by the subdivider and shall remain so until such time as the public improvements are completed and accepted.
5. Offers of Dedication may be terminated and abandoned in the same manner as prescribed for the abandonment or vacation of streets by the Streets and Highways Code (SHC), commencing with SHC Section 8300 or SHC Section 940, as applicable.
6. Acceptance of offers of dedication on a final map shall not be effective until the final map is filed in the office of the County Recorder, or a separate resolution of acceptance, approved by the City Council, is filed in such office.
E. Dedication of Land for Public Access. All vehicular and pedestrian access rights shall be dedicated to the City for those lots abutting any major, primary, secondary or collector street, flood control channel, park, or bike trail, except at designated locations. 2580
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1. Standards. As a condition of approval of a tentative or vesting tentative map, and as allowed by state law, a subdivider who develops or completes the development of one or more subdivisions within the school districts serving said subdivision, shall dedicate to the school district such lands as the Approving Authority deems necessary, for the purpose of constructing elementary schools necessary to assure the residents of the subdivision adequate public school service.
2. Consistency with Policy Plan (General Plan). School sites offered for dedication shall conform to the policies in the Policy Plan (General Plan) component of The Ontario Plan and relevant specific plans, and the requirements of the school district.
3. Timing. The requirement of dedication shall be imposed at the time of approval of the tentative or vesting tentative map. If, within 30 days following the requirement to dedicate is imposed by the City, the school districts do not offer to enter into a binding commitment with the subdivider to accept the dedication, the requirement shall be automatically terminated. The required dedication may be made any time before, concurrently with, or up to 60 days following the filing of the final map on any portion of the subdivision.
4. Repayment of Costs. Upon accepting the dedication, the school district shall repay to the subdivider, or their successors, the original cost to the subdivider of the dedicated land, plus a sum equal to the total of the following amounts:
a. The cost of any improvements to the dedicated lands since acquisition by the subdivider;
b. The taxes assessed against the dedicated land from the date of the school district's offer to enter into the binding commitment to accept the dedication; and c. Any other costs incurred by the subdivider in maintenance of such dedicated land, including interest costs incurred on any loan covering such land.
5. Exception. These dedication requirements for public school lands shall not apply to a subdivider who has owned the land being subdivided for more than 10 years prior to the filing of the tentative map.
G. Dedication for Streets. In order to meet the City's transportation goals as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, any subdivider or developer of land shall dedicate, or make an irrevocable offer of dedication, of all land within the subdivision or the site that is needed for public streets and alley ways.
1. When Required. The dedication, or irrevocable offer of dedication, of land for streets and alley ways shall be a condition of approval of any tentative tract or parcel map, or vesting map submitted pursuant to Section 4.02.095 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code, or the approval of any Development Plan 2581
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a. Any accessory building that does not exceed 1,000 SF of GFA; b. Any alteration, enlargement, or addition that does not exceed 50 percent of the area of an existing building, dwelling, or land use, not to exceed 2,000 SF of GFA; c. The installation or construction of walls, fences, or signs; d. Temporary land uses not exceeding 30 days duration; and e. Unenclosed agricultural land uses legally established pursuant to Table
5.02-1 (Land Use Matrix) of this Development Code.
2. Rights-of-Way. Street dedications shall include the full right-of-way required for the functional classification of roadway as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, and applicable specific plans, and Section
6.08.015 (Subdivision Design) of this Division.
3. Street Design. Streets to be dedicated to the City, as well as any private streets, shall follow the design specifications in Subsection 6.08.015.C (Street Rights-of-Way) of this Division.
H. Dedication for Pedestrian and Bicycle Paths. Whenever a subdivider or developer is required to dedicate roadways to the public, a dedication of land may be required to provide bikeways and pedestrian paths for the use and safety of the residents of the subdivision, or to provide bikeways and pedestrian paths as shown in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, any bicycle or pedestrian master plan adopted by the City, or an applicable specific plan.
I. Dedication for Local Transit Facilities. In order to provide adequate local transit facilities, whenever a subdivider or developer is required to dedicate roadways to the public, a dedication of land shall be required for local transit facilities, such as bus turnouts, benches, shelters, landing pads, and similar items, that directly benefit the subdivision, or the community as a whole, as required by the Planning Director and/or the City Engineer, and as described in the Mobility Element of the Policy Plan (General Plan) component of The Ontario Plan, or an applicable specific plan. To facilitate a logical phasing of transit facility improvements, the City may require the payment of a fee in lieu of the construction and installation of required improvements.
J. Improvement of Bridges, Signals, and Thoroughfares. Pursuant to GC Section 66484 and Section 4.02.025 (Development Plans) of this Development Code, the subdivider or developer shall pay traffic impact fees for the purpose of defraying the actual or estimated cost of constructing major thoroughfares, other citywide transportation improvements or bridges. The City Council shall establish procedures and standards for determining the appropriate fees.
1. Construction, modification, or upgrading of traffic signals and appurtenances may be required as a condition of the approval of any subdivision, land division, development plan, or 2582
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2. Where the development of a subdivision or other project will be phased over a period time, and, in the opinion of the City Engineer, the full effect of increased burden on the streets will not be realized immediately, the subdivider or developer may be required to deposit a cash amount in the estimated value of the traffic signal improvements ultimately to be made, which sum shall be used at such time as the construction of the signal and appurtenances is warranted. In lieu of a cash deposit, the subdivider or developer may be permitted to post a bond or other surety to guarantee the installation of required traffic signals in a form satisfactory to the City Engineer and City Attorney. The exact amount, details and timing of the deposit and future construction shall be subject to an agreement between the city and the subdivider or developer.
K. Groundwater Recharge Facilities. Pursuant to GC Section 66484.5, the subdivider shall pay fees for the purpose of constructing recharge facilities for the replenishment of the underground water supply in that area of benefit. The City Council shall establish procedures and standards for determining the appropriate fees.
L. Reservations for Other Public Uses. In addition to the dedications for specific public uses that this Section requires, the subdivider or developer shall reserve land within the subdivision for wells, fire stations, libraries, or other public uses, consistent with the Policy Plan (General Plan) component of The Ontario Plan and applicable specific plans, provided that:
1. Develop in an Orderly and Efficient Manner. The reserved area is of a size and shape that permits the balance of the property within which the reservation is located to develop in an orderly and efficient manner;
2. Feasibility of Development. The amount of land reserved will not make development of the remaining land held by the subdivider economically infeasible; and
3. Consistency with Policy Plan (General Plan). The reserved area shall conform to the Policy Plan (General Plan) component of The Ontario Plan and applicable specific plans, and shall be in such multiples of streets and lots as to permit an efficient division of the reserved area in the event that it is not acquired within the prescribed period. In such an event, the subdivider shall make those changes that are necessary to permit the reserved area to be developed for the intended purpose, consistent with good subdividing practices.
M. Drainage Facilities and Grading. Drainage facilities shall be provided and installed as necessary to help protect the lots, parcels, buildings, and structures from flooding, and to minimize flooding of the public streets therein or abutting the property.
1. Facilities shall be designed to minimize the inundation of private properties from storm runoff emanating from a 100-year frequency storm.
2. Public streets shall be protected from flooding from runoffs of a 10-year frequency storm pursuant to City standards or approved equivalent. Protection to higher levels may be required by the City Engineer, dependent upon the degree of flood risk involved, the topography, location, local drainage patterns, and the requirements of the San Bernardino County Flood Control District.
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3. Hydrologic and hydraulic calculations and studies for required facilities shall be subject to review and acceptance by the City Engineer and/or Building Official. All grading done in conjunction with the development of a tract or property shall be performed in conformance with the City's building code, the City grading standards, and good engineering practices.
4. On-site and off-site storm drain facilities, and site grading, shall be designed and constructed to prevent undue erosion of the site or off-site properties, and to prevent excessive deposits of mud, silt, or debris upon any public street or easement, or within any channel, storm drain facility, swale, or watercourse. The drainage facilities shall be designed in accordance with the City's drainage master plan, applicable elements of the Policy Plan (General Plan) component of The Ontario Plan, and any applicable specific plan.
N. Sewage Facilities Improvements. Sewer mains, manholes, and appurtenances shall be constructed to serve each subdivision, lot, parcel, building or structure, and individual laterals shall be provided to each lot therein. All such facilities shall be installed prior to the paving of the streets, alleys, or improvement of the easements within the development. Sanitary sewers shall be constructed to the sizes, lines, grades, and design pursuant to City standards, and applicable elements of the Policy Plan (General Plan) component of The Ontario Plan, or any applicable specific plan.
O. Water Supply System Improvements. Water mains, service meters, cross connection control devices, valves, fire protection facilities, and all other appurtenances of the water system shall be provided to the applicable City master plan(s), and water lines, grades, and design shall be pursuant to City standards, and as required by applicable elements of the Policy Plan (General Plan) component of The Ontario Plan, or any applicable specific plan.
P. Underground Utilities and Service Lines. Whenever any tentative tract or parcel map, development project, or map for the reversion of lots to acreage is filed, all electrical, telephone, cable television, and similar wires, cables, services, and appurtenances that provide direct service to the property being subdivided, divided, or developed, shall be installed underground, and all existing facilities providing direct service to the building, structure, or development being added to or rebuilt, shall be underground as a condition precedent to the approval of the tentative tract or parcel map, by the City Council or City Engineer, as applicable.
Q. Development Impact Fees.
1. Prior to the issuance of a building permit for construction on any lot within any subdivision or development project, the applicant for such permit shall pay all development impact fees established by resolution or ordinance of the City.
2. The City Council may authorize by resolution, the imposition of development impact fees that are less than the maximum fees, to encourage the development of undeveloped and underdeveloped properties within the "Old Model Colony" area of the City.
3. Where it is determined that the public interest would be served by such an agreement, the City Manager is hereby authorized to negotiate and execute agreements on behalf of the City, in order to provide credits to a project applicant against certain development impact fees, in exchange for the applicant's construction and dedication of public improvements on those reasonable terms and conditions as may be negotiated on a case-by-case basis, subject to approval by the City Council.
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4. The City Manager is further authorized to negotiate and execute agreements to defer, waive, or reduce any development impact fees imposed upon an applicant for a particular development project, based upon evidence presented by the Applicant, that:
a. The development project will provide a general benefit to the health, safety, morals, and welfare of the citizens of the City, and will not only be of special benefit to the project applicant;
b. Other properties to be benefitted by any development impact fee will not be unfairly burdened by the delay, reduction, or waiver of said development impact fee; or c. Deferral, waiver, or reduction in development impact fees will result in a more fair funding arrangement, and in the case of waiver or reduction, the owner will receive insufficient or no benefit from the development impact fee imposed, and would, therefore, be required, if the fee(s) were imposed in full, to pay more than their fair share for the benefit received.
5. The required findings (Subparagraphs 4.a through c, above) and any resulting agreement(s) to defer, waive, or reduce any development impact fee(s) shall be subject to approval by the City Council.
R. Condemnation Proceedings. When any dedication, improvement or design is required by the City Engineer, and the subdivider or developer does not have full control of the land required in connection with the dedication, improvement or design, and condemnation proceedings are necessary as determined by the City, the subdivider or developer shall pay all necessary and reasonable costs involved in the condemnation or acquisition including, but not limited to, appraisal and court costs.
6.08.040: Improvement Plans and Security
A. Design of Improvement Plans.
1. Following approval of a development project, tentative tract or parcel map, or vesting tentative map, and prior to the submission of any final map or parcel map, the subdivider or developer shall prepare and submit complete sets of improvement plans and cost estimates for any improvement(s) required.
2. The acceptance of all required improvement plans by the City Engineer shall be a prerequisite to the approval of the final map or parcel map, and in the case of a development project, shall be prerequisite to the issuance of any building permit.
3. All public or private improvement plans, profiles, descriptions, studies, calculations, notes, surveys and drawings required pursuant to this Division shall be provided at no expense to the City and shall be prepared pursuant to the requirements of this Section and as required by the City Engineer.
4. Construction plans for street, alley, drainage, sewer, and water improvements, traffic signals, and streetlights, and for any other required improvements, shall be drawn on standard City mylar film, in indelible ink, and shall be filed with the City Engineer for checking and review prior to their acceptance. All maps, sketches, descriptions, estimates, plans and other 2585
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Ontario Development Code Page 6.08-17 (Rev. 12.01.2020) drawings and items required to fulfill the requirements of this Division shall also be provided in the form, content, number, and details as specified by the City Engineer.
5. The plans and profiles of all required and proposed public and private improvements in a subdivision or development plan shall be furnished to the City Engineer and shall be ready for acceptance before a final map of the subdivision or the development plan is presented to the Approving Authority for approval.
6. No construction work shall commence on any of the improvements shown on any construction or improvement plans required herein until the plans have been reviewed, approved, and signed by the City Engineer. After acceptance and signature by the City Engineer, all original drawings shall become the property of the City.
B. Application Requirements. The improvement plans shall be prepared by or under the direction of a registered civil engineer licensed by the state of California, and shall show the complete plans, profiles and details for all streets and appurtenances, storm drainage, water systems and fire hydrants, sewers, utilities, grading and all other improvements proposed or necessary, on-site and off-site. They shall meet all the requirements deemed necessary by the City Engineer.
C. Application Review Process.
1. Upon receipt of a complete set of improvement plans, the City Engineer shall cause the plans to be reviewed and return one set to the applicant or their engineer, with the required revisions, if any, marked thereon.
2. When the plans are found to be complete and satisfactory to the City Engineer, the applicant shall submit copies in the number and term deemed necessary by the City Engineer.
The copies shall be accompanied by any additional number of complete sets of copies the applicant, their engineer, and contractors may require, to be noted as approved by the City Engineer.
D. Acceptance by City Engineer.
1. Upon finding that all required revisions have been made, all required fees have been paid, and the plans conform to all applicable City ordinances, standards, and conditions of approval imposed upon the tentative map or development plan, the City Engineer shall accept the improvement plans.
2. Pursuant to GC Section 66456.2, the City Engineer shall act within 60 days of receiving the preliminary improvement plans and calculations, except that at least 15 days shall be provided for processing any resubmitted improvement plan. The period of 60 days shall not include any days during which the improvement plans have been returned to the subdivider for corrections or have been subject to review by any party other than the City or a private entity contracted by the City.
3. The City Engineer's acceptance of improvement plans shall not relieve the subdivider or developer of responsibility for the design of the improvements and for any deficiencies in the improvements.
E. Permit Required. The subdivider or developer shall not commence work on any portion of improvements prior to the issuance of an encroachment permit and payment of applicable 2586
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F. Construction of Improvements.
1. All construction methods and materials for improvements shall conform to the approved improvement plans, the requirements of the applicable construction permit, and any other applicable City standards and requirements.
2. All construction of improvements is subject to inspection by the City Engineer. The subdivider and/or developer shall notify the City Engineer before beginning the construction of any improvements. The City shall always have full access to the improvement work during its construction.
G. Completion of Improvements/Subdivision Improvement Agreement.
1. If any public improvement required with the approval of a subdivision will not be completed and accepted pursuant to Section 6.08.035 Dedications and Improvements) of this Division, prior to approval of the final map, the subdivider, at their expense, shall enter into a Subdivision Improvement Agreement as a condition precedent to approval of the final map, to complete the public improvements. Performance of the Subdivision Improvement Agreement shall be guaranteed by the security specified in Subsection I (Improvement Security) of this Section, and GC 66499 et seq.
2. A subdivision improvement agreement shall be prepared by the City Engineer in a form approved by the City Attorney, and shall provide for the following:
a. Construction of all improvements shall be as set forth in the approved plans and specifications;
b. The maximum period within which all improvements shall be completed to the satisfaction of the City Engineer;
c. Provisions for inspection of all improvements by the City Engineer and payment of fees by the subdivider for the cost of such inspection and all other incidental costs incurred by the City in enforcing the agreement;
d. If the subdivider fails to complete the work within the specified period of time, or any extended period of time that may have lawfully been granted to the subdivider, the City may, at its option, complete the required improvement work and the subdivider and their surety shall be firmly bound, under a continuing obligation, for payment of the full cost and expense incurred or expended by the City in completing such work, including interest from the date of notice of said cost and expense until paid;
e. In the event of litigation occasioned by a default of the owner or subdivider, his successors or assignees, the owner or subdivider, their successors or assignees will pay all costs involved, including reasonable attorney's fees, and that the same may be recovered as part of a lien against the real property; and
f. Additional terms or provisions, as may be necessary, pertaining to the forfeiture, collection, and disposition of improvement security upon the failure of the contracting 2587
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3. A subdivision improvement agreement shall be valid for a period specified in the agreement, but not to exceed 2 years from the effective date of the agreement. a. The term of a subdivision improvement agreement may be extended at the discretion of the City Engineer.
b. A subdivision improvement agreement shall not only bind the present subdivider, but also all heirs, successors, executors, administrators, and assignees, so that the obligation runs with the real property. All agreements shall be executed by all those parties executing the final or parcel map.
H. Inspection of Improvements.
1. The construction of improvements required pursuant to this Division shall be subject to inspection and testing by the City Engineer to ensure compliance with the standards and specifications specified and required by this Division. All work and improvements shall be found to conform to the standards and specifications as a condition of the City's acceptance and release of any improvement securities held therefor.
2. No construction shall commence or continue without arrangements first having been made with the City Engineer for inspection. The City Engineer and his authorized representatives shall have the right to stop any work, refuse to inspect any work, or reject any or all work and construction if it is found that the work is unauthorized, is unsafe in any way to the workers or the public, is inferior in materials or workmanship, was performed without inspection, or does not meet or comply with city standards, specifications, or city-approved construction plans.
Reasonable access to the construction and work shall be provided at all times so that full knowledge of the progress, workmanship, and character of the materials used in the work can be gained.
3. Upon completion of the required improvements, the subdivider or developer shall apply in writing to the City Engineer for preliminary final inspection. The City Engineer shall conduct a preliminary final inspection and prepare a deficiency list, noting all additional work to be performed and deficiencies in existing work to be corrected. The City Engineer shall provide a copy of the deficiency list to the subdivider or developer. If there are an excessive number of deficiencies or missing improvements, the City Engineer may choose to postpone the inspection.
4. After the subdivider or developer has corrected all of the items on the deficiency list, the subdivider or developer shall apply to the City Engineer for final inspection. The City Engineer shall conduct a final inspection and verify that the items on the deficiency list have been corrected. Upon verification, and after receiving record drawings (improvement plans), the City Engineer shall accept the improvements and issue a notice of completion to the subdivider or developer.
5. The City Engineer's acceptance of improvements shall not relieve the subdivider or developer of responsibility for correcting any deficiency that subsequently is discovered.
I. Improvement Security. Performance of a subdivision improvement agreement required pursuant to Subsection G (Completion of Improvements/Subdivision Improvement Agreement) of this Section shall be guaranteed by the security specified herein and GC Section 66499 et seq. 2588
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(Rev. 12.01.2020) Page 6.08-20 Ontario Development Code Any public improvement required with the approval of the Development Plan submitted pursuant to Section 4.02.025 (Development Plans) of this Development Code, at the discretion of the City Engineer, shall be guaranteed by the security specified herein.
1. Acceptable Forms of Required Improvement Security. Improvement securities shall be posted as a guarantee of the performance of any act, improvement, or obligation required as a condition of approval of any final map or parcel map, parcel map waiver, lot line adjustment, lot merger or development project. Unless otherwise provided herein, all such improvement securities shall be provided in one of the following forms, subject to approval and acceptance by the City Engineer and City Attorney:
a. Bonds by Authorized Corporate Sureties. One or more bonds by one or more duly authorized corporate sureties substantially in the form prescribed by the Subdivision Map Act, and subject to approval and acceptance by the City Attorney and City Council; b. Negotiable Bonds or a Letter of Credit. A deposit with the City of immediately negotiable bonds or a letter of credit; or
c. Cash and/or Negotiable Bonds of The Kind Approved for Securing Deposits of Public Moneys. A deposit with the City or a responsible escrow agent or trust company, at the option of the City, of cash and/or negotiable bonds of the kind approved for securing deposits of public moneys; or
d. Lien or Other Security Interests. Any other form of security, including a lien or other security interests in real property, which the City Engineer and the City Attorney may, in their discretion, allow; provided, they determine that it is equivalent to the foregoing forms of security in terms of security and liquidity. Any written contract or document creating security interests shall be recorded in the Office of the County Recorder. From the time of recordation, a lien shall attach to the real property described therein, which shall have the priority of a judgment lien in the amounts specified.
2. Required Security Amounts.
a. Performance and Guarantee. The subdivider or developer shall provide an amount determined by the City Engineer, up to 100 percent of the total estimated cost of the improvement to be performed, including costs and fees incurred by the City. The estimated cost of improvement shall include a 10 percent contingency and a 10 percent increase for projected inflation computed to the estimated mid-point of construction; and b. Payment. The subdivider or developer shall provide an amount determined by the City Engineer, up to 100 percent of the total estimated cost of the improvement to be performed, excluding grading and monumentation.
3. Release of Improvement Security. Improvement security may be released upon the final completion and acceptance of the act or work by the City Engineer; provided, however, such release shall not apply to the amount of security deemed necessary by the City Engineer for the guarantee and warranty period, nor to costs and reasonable expense fees, including reasonable attorney's fees incurred by the City in enforcing any improvement agreement. The subdivider or developer shall not be entitled to any reduction in security, except pursuant to Paragraph 4 (Partial Release of Improvement Security), below, until all improvements have been completed to the satisfaction of, and have been accepted by, the City Engineer. 2589
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4. Partial Release of Improvement Security. A partial release of performance security may be requested in writing from the Engineering Department. The portion of the performance security, in conjunction with the satisfactory completion of a part of the improvements as the work progresses, may be released upon the approval of the City Engineer, subject to the following:
a. No release shall be considered until at least 50 percent of the improvements are completed;
b. No release shall be considered for an amount less than 10 percent of the original total improvement security given for performance and guarantee; c. An amount of up to 200 percent of the revised estimated construction cost for the remaining required improvements shall be required for the substitute security (or the remaining security);
d. The City Engineer is responsible for reviewing all applications and shall determine the amount of substitute security required in accordance with Subparagraph I.4.c, above; and
e. The original performance security may be released only upon receiving the proper substitute security, which has been determined acceptable by the City Attorney and the City Engineer.
J. Completion of Improvements.
1. Public improvements required as a condition of approval shall be completed pursuant to this Division unless they are deferred pursuant to Subsection K (Deferred Improvements) of this Section. The City Engineer shall review and approve any improvement agreement, conduct an inspection, and approve any constructed public improvement necessary to satisfy this provision, with the City Council delegating final approval to the City Engineer of any agreement or acceptance of any completed public improvement.
2. Once begun, public improvements for a final tract or parcel map, or development plan when required, shall be constructed to completion without interruption. The subdivider or developer shall exercise due diligence to ensure that this provision is met to the satisfaction of the City Engineer. Construction and inspection of public improvements shall be governed by City standards and the requirements of any applicable permit.
3. Notwithstanding any applicable agreement, the construction and maintenance of any public improvement is the responsibility of the subdivider or developer and shall remain so until such time that the City Council accepts the completed public improvements.
4. Upon acceptance of a public improvement, the City Engineer shall provide a notice of completion for that public improvement and shall release applicable securities for that public improvement. This action shall serve to transfer ownership and maintenance responsibility of the public improvement from the subdivider or developer to the City, and to provide full acceptance of the applicable dedication or easement, which acceptance had been contingent upon completion and acceptance of public improvements within said dedication or easement, subject to the terms of any applicable agreement.
K. Deferred Improvements. The Approving Authority for a tentative map or parcel map shall be responsible for approving any request for the deferred construction of on-site and off-site 2590
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6.08.045: Common Interest Subdivisions
A. Purpose. The purpose of this Section is to establish criteria for the establishment of common interest subdivisions. For the purposes of this Section, the term "common interest subdivision" means a community apartment, condominium, planned development, or stock cooperative.
B. Applicability. The herein prescribed regulations shall be implemented in conjunction with the establishment of any common interest subdivision in the City.
C. Common Interest Subdivisions are Exempt from Minimum Lot Area and Building Setback Requirements. Common interest subdivisions shall be exempt from the minimum lot area and building setback regulations applicable to individually numbered and/or lettered lots identified on a tract or parcel map, excepting one-lot subdivisions. For the purposes of a common interest subdivision, any minimum lot area requirement shall be applied to the overall area of the common interest subdivision. Furthermore, any minimum building setback requirement shall only be applied to the exterior boundary of the common interest subdivision.
D. Recordation of a Tract or Parcel Map is Required. The establishment of a common interest subdivision shall require the approval and recordation of a tract or parcel map pursuant to the provisions of the Subdivision Map Act (commencing with GC Section 66410), Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) and Section 4.03.030 (Final Maps and Parcel Maps) of this Development Code, and all applicable requirements of this Division.
E. Recordation of Covenants, Conditions, and Restrictions (CC&Rs). Covenants, conditions, and restrictions, if required, shall be recorded concurrently with the final map or parcel map, required pursuant to Subsection D (Recordation of a Tract or Parcel Map is Required), above, in the office of the San Bernardino County Recorder.
1. The purpose of the covenants, conditions, and restrictions is to guarantee compatibility and coordination of all lots or units within a common interest subdivision in terms of access, parking, landscaping, recreation facilities, open space, property and landscape maintenance, and architecture. Furthermore, the covenants, conditions, and restrictions shall establish a property owner (or homeowner) association for the purpose of maintaining common areas and facilities, enforcement of the covenants, conditions, and restrictions, regulation of operations and uses within the development, and ensuring continued architectural and landscaping compatibility within the development.
2. The covenants, conditions, and restrictions shall be subject to approval and acceptance by the Planning Director and City Engineer prior to recordation. Furthermore, the City may be required to be a non-voting member of the association and maintain the right of enforcement of the covenants, conditions, and restrictions.
3. The covenants, conditions, and restrictions shall include the establishment of a specific methodology or procedure for enforcement of its provisions by the City, if adequate maintenance of the development does not occur. Such procedures may include, but is not 2591
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F. Recordation of a Condominium Plan. The establishment of a condominium shall require the approval of a Condominium Plan by the City and the recordation of said Condominium Plan in the office of the San Bernardino County Recorder, prior to the sale of the first dwelling unit.
6.08.050: Conversion to a Residential Common Interest Project This Section shall apply to the conversion of any existing residential real property to a common interest project, including condominium, community apartments, stock cooperative project, or any other similar form of common ownership, except conversion projects for which a final or parcel map has been approved prior to the effective date of this Development Code, or where the conversion involved a limited equity housing cooperative as defined in HSC Section 33007.5. All provisions, conditions, and further definitions of condominium development, as included in the California Civil Code, shall apply to the divisions of real property as permitted herein.
A. Purpose. The purpose of this Section regulating conversions to a residential common interest project is as follows:
1. Establish criteria for the conversion of existing single-family and multiple-family rental housing to community apartments, condominiums, planned developments, or stock cooperatives;
2. Ensure that converted housing achieves high quality appearance and safety, and is consistent with the goals and policies of The Ontario Plan;
3. Endeavor to maintain a reasonable balance of ownership and rental housing within the City, and a variety of housing choices of varying tenure, type, price, and location;
4. Ensure that the purchasers of community apartments, condominiums, planned developments, or stock cooperatives converted from existing rental housing stock have been properly informed as to the physical condition of dwellings offered for purchase; and
5. Ensure compliance with all requirements of applicable development, building, fire codes, plumbing, and electrical codes, and other applicable State and local laws and regulations, in effect at the time of filing of the tentative subdivision maps for conversion.
B. Applicability. Any conversion to a residential common interest project, including a community apartment, residential condominium, residential planned development, or residential stock cooperative, shall be subject to all applicable provisions of the Subdivision Map Act (commencing with GC Section 66410), the requirements of this Section, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
C. Application Requirements. A residential common interest project conversion request shall consist of the following:
1. Subdivision Application. A subdivision application as required by Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code. 2592
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2. Physical Elements Report. A report on the physical elements of all structures and facilities shall be submitted with the tentative or vesting tentative map. The report shall include, but not is limited to, the following:
a. Architect's or Engineer's Report. A report by a licensed architect or engineer detailing the structural condition of all elements of the property, including foundations, electrical, plumbing, utilities, walls, ceiling, windows, recreational equipment, parking facilities, appliances, and fixtures. The report shall state, to the best knowledge or estimate of the applicant, the following:
(1) When the element was constructed or installed;
(2) The condition of each element;
(3) When the element was replaced;
(4) The approximate condition of each element;
(5) Any variation or non-compliance of the element from this Development Code and the Building Code in effect on the date the last building permit was issued for the subject structure;
(6) The approximate date upon which the application for conversion was filed and accepted by the city; and
(7) The report shall identify any defective or unsafe elements and set forth the proposed corrective measures to be employed.
b. Pest Control Report. A report from a licensed structural pest control operator, approved by the city, on each structure and each unit within the structure. c. Soils and Geological Hazard Reports. Soils and geological hazard reports prepared pursuant to Section 6.08.025 (Reports) of this Division, regarding soil deposits, rock formations, faults, groundwater, landslides, and liquefaction within the vicinity of the project, and a statement regarding any known evidence of soil problems relating to the structures. Reference shall be made to any previous soils reports for the site and a copy submitted with the report. d. Repairs and Improvements Report. A statement of repairs and improvements to be made by the subdivider necessary to refurbish and restore the project to achieve a high degree of appearance and safety.
e. Notice to Tenants. The subdivider shall supply proof of all written notices as required by the Subdivision Map Act for conversion projects, as listed in Subsection E (Notice to Tenants) of this Section.
f. Plans and Information. The subdivider shall provide plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the conversion, as identified on the applicable City application forms. g. Proposed Declaration. The subdivider shall provide a proposed declaration, as required by CC Section 1353. The declaration shall include an agreement for the 2593
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Ontario Development Code Page 6.08-25 (Rev. 12.01.2020) creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences. h. Development Plan Application Required. The developer shall submit a Development Plan application for approval of the conversion pursuant to Section 4.02.030 (Development Plans) of this Development Code.
D. Procedures.
1. Notification and Hearing Requirements. A final subdivision map creating a community apartment, condominium, planned development, or stock cooperative from the conversion of rental housing units, unless the subdivider shows that the following notification procedures have been fulfilled:
a. Each of the tenants or prospective tenants of the proposed community apartment, condominium, planned development, or stock cooperative project has received or will receive each of the notices included in the Subdivision Map Act (commencing with GC Section 66410), including the following:
(1) Written notification pursuant to GC Section 66452.8 and GC Section 66452.9, of intention to convert, provided at least 60 days prior to the filing of a tentative map; (2) Written notification at least 10 days prior to the date of the public hearing at which the Approving Authority will review the Conditional Use Permit for the requested conversion in compliance with GC Section 65090 and GC Section 65091. Notice shall also be mailed to the owner of the subject property, as well as all property owners within 300 FT of the subject property, as shown on the last equalized tax assessor roll. In addition, a notice of public hearing shall be published at least once in a newspaper of general circulation at least 10 days prior to the hearing;
(3) Written notification pursuant to GC Section 66427.1(a) that each tenant shall receive a 10-day notice that a final public report will be, or has been, submitted to the Department of Real Estate, that the period for each tenant's right to purchase begins with the issuance of the report, and that the report will be available from the City, upon request; (4) Written notification that the subdivider has received the public report from the Department of Real Estate. This notice shall be provided within 5 days after the date that the subdivider receives the public report from the Department of Real Estate; (5) Written notification within 10 days following approval of a final map for the proposed conversion;
(6) Upon approval of a final map for the proposed conversion, written notification shall continually be delivered to all prospective tenants prior to execution of a rental agreement using the form in GC Section 66459(a). Failure to do so will not be grounds to deny the conversion, but will require the subdivider to pay each prospective tenant who was entitled to that notice, an amount as indicated in GC Section 66459(f); (7) Written notification pursuant to GC Section 66452.11 shall be provided to all affected tenants at least 180 days prior to termination of tenancy due to the conversion or proposed conversion, but not before the City has approved a tentative map for the conversion. The notice given pursuant to this subparagraph shall not alter or abridge the rights or 2594
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(8) Notice of an exclusive right to contract for the purchase of a tenant's respective unit upon the same terms and conditions that the unit will be initially offered to the general public, or terms more favorable to the tenant. The exclusive right to purchase shall commence on the date the subdivision public report is issued, as provided in BPC Section 11018.2, and shall run for a period of not fewer than 90 days, unless the tenant gives prior written notice of their intention not to exercise the right. Notice shall be given using the form included in GC Section 66452.12(b).
b. If a rental agreement was negotiated in a language other than English, all required written notices regarding the conversion of residential real property into a community apartment, condominium, planned development, or stock cooperative project shall be issued in that language.
2. Division of Airspace Not Required. A map of a community apartment, condominium, planned development, or stock cooperative project need not show the buildings or the manner in which the buildings or the airspace above the property shown on the map are to be divided. The City does not have the right to refuse approval, of a conversion project (tentative or final map, or parcel map), based upon the manner in which the airspace is divided or any of the provisions listed in GC Section 66472.
3. Limitation on the Number of Rental Housing Units Converted Within a Current Calendar Year. The conversion of rental housing units to a community apartment, condominium, planned development, or stock cooperative, shall not result in the conversion of more than 5 percent of the potentially convertible rental units in the City during any current calendar year.
E. Notice to Tenants.
1. Tenant Notifications. The developer shall notify current and potential tenants according to Paragraph D.1 (Notification and Hearing Requirements) of this Section and the Subdivision Map Act.
2. Tenant Rights.
a. Tenants Right to Purchase. As provided in GC Section 66427.1(b), any present tenant or tenants of any housing unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public.
The right of first refusal shall extend for at least 60 days from the date of issuance of the subdivision public report pursuant to BPC Section 11018.2, unless the tenant gives prior written notice of his intent not to exercise the right.
b. Vacation of Units. Each tenant that does not purchase a housing unit, and is not in default under the obligations of the rental agreement or lease under which they occupy the unit, shall have no fewer than 180 days from the date of receipt of notification from the owner of their intent to convert, or from the filing date of the final map, whichever date is later, to find substitute housing and to relocate. Tenants shall have the right to terminate leases at any time after receiving the notice.
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Ontario Development Code Page 6.08-27 (Rev. 12.01.2020) c. Increase in Rents. From the date of submittal of the tentative or vesting tentative map, until the sale of the unit, no tenant's rent shall be increased more frequently than once every 12 months, at a rate no greater than the Consumer Price Index, as compiled by the Federal Bureau of Labor Statistics. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the tentative map. d. Notice to New Tenants. After submittal of the application to convert, any prospective tenant shall be notified in writing by the developer of the intent to convert prior to leasing or renting any unit and shall not be subject to the provisions of Subparagraph E.2.c (Increase in Rents) of this Section.
e. Senior Citizens, the Handicapped, and the Disabled. The developer shall be required to retain ownership of units occupied at the time of filing of the tentative map by senior citizens (persons 62 years of age or older) or the handicapped (as defined by HSC Section 50072) or the disabled (as defined by 42USC423), for a period of one year from the date of approval by the Approving Authority.
F. Standards for Conversion.
1. Building and Physical Standards.
a. The community apartment, condominium, planned development, or stock cooperative conversion project, and all individual units and common areas contained therein, shall comply with all applicable existing and current development, building (including energy conservation and sound transmission), fire, and subdivision requirements, unless legally nonconforming.
b. The community apartment, condominium, planned development, or stock cooperative conversion project shall comply with all applicable provisions of Ontario Municipal Code Chapter 11 (Security Standards for Building).
c. The consumption of gas, electricity and water within each unit shall be separately metered so that the unit owner can be separately billed for each unit. Each unit shall have its own panel, or access thereto, for all electrical circuits that serve the unit. The requirements of this subsection may be waived where the Approving Authority finds that full compliance with this provision would not be practicable and the developer submits an alternative plan approved by the Approving Authority.
d. The electrical, plumbing, mechanical, fire, and life safety systems of the structure shall be placed in a condition of good repair and maintenance. e. The buildings and facilities shall be upgraded to meet the requirements of Ontario Municipal Code Title 5, Chapter 29 (Noise). The Approving Authority may require additional insulation or other upgrades to reduce noise to an acceptable level. f. The developer shall dedicate land or easements for street widening, public access, or other public purposes in connection with the project, where determined necessary by the Approving Authority and in conformance with this Development Code. g. All on-site and adjacent overhead utility service lines and poles shall be converted to an underground system consistent with the requirements of this Development Code. 2596
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(Rev. 12.01.2020) Page 6.08-28 Ontario Development Code h. All main buildings, structures, fences, patio enclosures, carports, irrigation systems, landscaped areas, accessory buildings, sidewalks, driveways and additional elements as required by the Approving Authority shall be refurbished and restored as necessary, to achieve a high quality appearance and safety.
i. If Development Impact Fees have not previously been paid for the affected residential units, the required fees shall be paid prior to the recordation of the final map, or as otherwise required by City ordinance.
j. The developer shall provide each purchaser with a copy of the below-listed items, prior to executing any purchase agreement or other contract to purchase a unit within the project and shall give the purchaser sufficient time to review the information. Copies of the information shall also be made available at all times at the sales office and a notice indicating that the reports and documentation are available shall be posted on the project site, at locations approved by the Planning Director. In addition, copies of the required reports and documentation shall be provided to the Homeowners Association upon its formation. (1) Reports and documentation required by Paragraph C.2 (Physical Elements Report) of this Section, in their final form as accepted by the City; and (2) A copy of the covenants, conditions, and restrictions, and a project maintenance plan.
k. Other conditions may be applied as deemed necessary by the Approving Authority to further the intent of this Section.
2. Securities and Penalties. All improvements and alterations required pursuant to this Section and all other applicable requirements of this Development Code, the Ontario Municipal Code, and the conditions of project approval, shall be made prior to the approval of the final map or parcel map, or upon approval of the Planning Director, City Engineer, and Building Official, and a deposit paid to the City pursuant to Division 2.06 (Performance Guarantees), to assure the completion of all required work prior to the closing of escrow on any unit within the project. The deposit shall be accompanied by an agreement by the developer, and owner of the project if different from the developer, in a form to be approved by the city attorney, guaranteeing completion of the work.
G. Findings. The Approving Authority, prior to approving a tentative tract or parcel map, or a Conditional Use Permit, for the conversion of rental housing units to a common interest project, including a community apartment, residential condominium, residential planned development, or residential stock cooperative, shall find and clearly establish the following findings:
1. Not Detrimental. All provisions of this Section have been met and the project will not be detrimental to the health, safety, or welfare of the community;
2. Consistency with The Ontario Plan. The proposed conversion is consistent with the Vision, City Council Priorities, and Policy Plan (General Plan) components of The Ontario Plan;
3. Conformity with Title. The proposed conversion conforms to all applicable requirements of this Development Code; and
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Ontario Development Code Page 6.08-29 (Rev. 12.01.2020)
4. Housing Diversity. The proposed conversion of rental housing units to a community apartment, condominium, planned development, or stock cooperative, will not have an adverse effect on the diversity of housing types available in the City.
6.08.055: Conversion to a Nonresidential Common Interest Project This Section shall apply to the conversion of any existing nonresidential real property to a common interest project, such as condominiums or any other similar form of common ownership, except conversion projects for which a final or parcel map has been approved prior to the effective date of this Development Code. All provisions, conditions, and further definitions of condominium development, as included in the California Civil Code, shall apply to the divisions of real property as permitted herein.
A. Purpose. The purpose of this Section is to provide a legal process for the conversion of existing nonresidential buildings to a common interest ownership, such as a condominium, so as to protect both the community and the purchasers of units within a common interest project. This Section provides regulations to ensure adequate and safe building design and maintenance for all industrial and commercial common interest conversions, in order to achieve this goal.
B. Applicability. Any conversion to a nonresidential common interest project shall be subject to all applicable provisions of the Subdivision Map Act (commencing with GC Section 66410), the requirements of this Section, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
C. Application Requirements. A request for the approval of a parcel map for a nonresidential common interest project conversion, shall be accompanied by the following items:
1. Subdivision Application. A subdivision application as required by Section 4.02.100 (Subdivisions—Tentative Tract and Parcel Maps, and Vesting Maps) of this Development Code.
2. Physical Elements Report. A physical elements report shall be submitted for each structure and/or facility, as described in Paragraph C.2 (Physical Elements Report) of Section
6.08.045 (Conversion to a Residential Common Interest Project) of this Division.
3. Notice to Tenants. Proof of all written notices required by the Subdivision Map Act for conversion projects, as listed in Subsection E (Notice to Tenants) of Section 6.08.045 (Conversion to a Residential Common Interest Project) of this Division.
4. Plans and Information. Provide plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the conversion, as identified on the applicable City application forms.
5. Proposed Declaration. Provide a copy of the declaration required by CC Section 1353. The declaration shall include an agreement for the creation of an association responsible for common area maintenance, a clear designation of parking and signage rights, and a method for resolving differences.
6. Development Plan Application Required. The developer shall submit a Development Plan application for approval of the conversion pursuant to Section 4.02.030 (Development Plans) of this Development Code.
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(Rev. 12.01.2020) Page 6.08-30 Ontario Development Code D. Procedures.
1. Acceptance of Reports. The final form of the reports and other documents required under Subsection C (Application Requirements) of this Section shall be as approved by the City.
The reports, in their accepted form, shall remain on file with the City for review by the public. The subdivider shall provide each purchaser with a copy of the reports in their final, accepted form.
2. Inspection. In conjunction with the filing of a nonresidential common interest project conversion request, the subdivider shall request that an inspection of the premises be made by the Building Official and the City Engineer. The inspection shall include structures, common areas, site improvements, public improvements, and all other related facilities. A deficiency list shall be compiled during the inspection, which lists all necessary corrections required to conform to the requirements of this Section and all other applicable codes and ordinances.
3. Corrective Work. Upon completion of the inspection required pursuant to Paragraph D.2 (Inspection), above, a copy of the deficiency list shall be transmitted to the subdivider. All deficiencies shall be corrected to the satisfaction of the City prior to filing a final map or parcel map. When plans for corrective work are required, they shall be as approved by the appropriate city official, prior to the filing of the final map or parcel map.
4. Payment of Inspection Fees. The City shall charge the usual fees, if applicable, or an hourly fee for the inspection and processing according to an estimated actual hourly cost to the city. The owner shall post a cash deposit in an amount equal to the estimated cost of inspection. The deposit will be applied toward the inspection fee, with any refund or balance due to be resolved before the approval of the final map by the Approving Authority. Any unpaid balances shall be paid prior to recordation of the final map.
E. Standards for Conversion.
1. Building and Physical Standards.
a. Building Regulations. The project shall conform to the applicable standards of the City's Building Code that was in effect at the time the last building permit was issued for the affected structures.
b. Fire Prevention. Each unit shall be provided with a fire-warning system conforming to the City's Building Code. All fire hydrants, fire alarm systems, portable fire extinguishers and other fire protective appliances shall be retained in an operable condition at all times.
c. Sound Transmission.
(1) Vibration Transmission. All permanent mechanical equipment, such as motors, compressors, pumps, compactors, or any item determined by the Building Official to be a source of structural vibration or structural-borne noise shall be vibration-isolated with inertia blocks or bases, or vibration isolator springs, in a manner approved by the Building Official. (2) Noise Standards. The structures shall conform to all interior and exterior sound transmission standards of CCR Title 24, the City's Building Code, and the requirements of Ontario Municipal Code Chapter 29 (Noise). The Approving Authority may require additional insulation or other upgrades to reduce noise to an acceptable level. 2599
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Ontario Development Code Page 6.08-31 (Rev. 12.01.2020) d. Utility Metering. Each unit shall be separately metered for gas, electricity and water, unless the covenants, conditions, and restrictions provide for the property owner association to take responsibility for these utilities. e. Landscape Maintenance. All landscaping shall be restored, or new landscaping shall be installed, to achieve a high degree of appearance and quality pursuant to Division 6.05 (Landscaping) of this Development Code. Provisions shall be made within the declaration required pursuant to Paragraph C.5 (Proposed Declaration) of this Section, for continuing maintenance of all landscaped areas. Existing landscaping is subject to review and approval by the Approving Authority. If new landscaping is proposed, the design of all landscaping is subject to review and approval by the City. f. Off-Street Parking and Loading. Off-street parking and loading shall be provided pursuant to the requirements of Division 6.03 (Off-Street Parking and Loading) this Development Code, for allowed commercial and industrial land uses, as applicable. g. Refurbishing and Restoration of Improvements. Each main building, structure, fence, accessory building, sidewalk, driveway, landscaped area, utilities, and additional element as required by the department shall be refurbished and restored as necessary to achieve a high degree of appearance, quality and safety. The refurbishing and restoration is subject to review and approval by the department.
h. Building Security Standards. Each unit shall comply with all applicable provisions of Ontario Municipal Code Chapter 11 (Security Standards for Building). i. Dedication of Land and Easements. The developer shall dedicate land or easements for street widening, public access, or other public purposes in connection with the project, where determined necessary by the Approving Authority, and in conformance with this Development Code.
j. Undergrounding of Overhead Utilities. All on-site and adjacent overhead utility service lines and poles shall be converted to an underground system consistent with the requirements of this Development Code.
k. Copies of Reports and Documentation to be Provided to New Property Owners. The developer shall provide each purchaser with a copy of the below-listed items, prior to executing any purchase agreement or other contract to purchase a unit within the project and shall give the purchaser sufficient time to review the information. In addition, copies of the required reports and documentation shall be provided to the Property Owner Association upon its formation.
(1) Reports and documentation required by Paragraph C.2 (Physical Elements Report) of this Section, in their final form as accepted by the City; and (2) A copy of the covenants, conditions, and restrictions. l. Additional Conditions. Additional conditions may be applied as deemed necessary by the Approving Authority to further the intent of this Section.
2. Securities and Penalties. All improvements and alterations required pursuant to this Section and all other applicable requirements of this Development Code, the Ontario Municipal Code, and the conditions of project approval, shall be made prior to the approval of the final 2600
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(Rev. 12.01.2020) Page 6.08-32 Ontario Development Code map or parcel map, or upon approval of the Planning Director, City Engineer, and Building Official, and a deposit paid to the City pursuant to Division 2.06 (Performance Guarantees), to assure the completion of all required work prior to the closing of escrow on any unit within the project. The deposit shall be accompanied by an agreement by the developer, and owner of the project if different from the developer, in a form to be approved by the city attorney, guaranteeing completion of the work.
F. Findings. The Approving Authority may not approve a request for a conversion to an industrial or commercial common interest project, unless it finds and clearly establishes that the proposed conversion conforms to the requirements of this Section, and is consistent with the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, and all other applicable requirements of this Development Code and the Ontario Municipal Code.
6.08.060: Urban Lot Splits
A. Purpose. The purpose of this Section is to allow and appropriately regulate Urban Lot Splits pursuant to GC Section 66411.7.
B. Definition. For the purposes of this Section, the term "Urban Lot Split" shall mean the subdivision of an existing, legally subdivided lot into two lots pursuant to the requirements of this Section.
C. Application.
1. Only individual property owners may apply for an Urban Lot Split. "Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, LP, LLC, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Section 214.15).
2. An application for an Urban Lot Split shall be submitted on a City application form.
Only a complete application will be considered. The City will inform the applicant in writing of any incompleteness within 30 days following application submittal.
3. The City may establish a fee to recover its costs for adopting, implementing, and enforcing this Section of the Development Code, pursuant to applicable law. The City council may establish and change the fee by resolution. The fee shall be paid with the application.
D. Approval.
1. An application for a parcel map for an Urban Lot Split is approved or denied ministerially, by the City Engineer, without discretionary review.
2. A tentative parcel map for an Urban Lot Split shall be approved ministerially if it complies with all the requirements of this Section. The tentative parcel map may not be recorded.
A final parcel map shall be approved ministerially as well, but not until the owner demonstrates that all required documents have been recorded, such as the deed restriction and easements.
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3. The approval shall require the owner and applicant to hold the City of Ontario harmless from all claims and damages related to the approval and its subject matter.
4. The approval shall require the owner and applicant to reimburse the City for all costs of enforcement, including attorneys' fees and costs associated with enforcing the requirements of this Development Code.
E. Requirements. An Urban Lot Split shall satisfy each of the following requirements:
1. Subdivision Map Act Compliance.
a. The Urban Lot Split shall conform to all applicable objective requirements of the Subdivision Map Act (GC Section 66410 et seq., "SMA"), including implementing requirements in this Development Code, except as otherwise expressly provided in this Section. b. If an Urban Lot Split violates any part of the SMA, the City's subdivision regulations, including this Section, or any other legal requirement:
(1) The buyer or grantee of a lot that is created by the Urban Lot Split has all the remedies available under the SMA, including but not limited to an action for damages or to void the deed, sale, or contract.
(2) The City has all the remedies available to it under the SMA, including but not limited to the following:
(a) An action to enjoin any attempt to sell, lease, or finance the property.
(b) An action for other legal, equitable, or summary remedy, such as declaratory and injunctive relief.
(c) Criminal prosecution, punishable by imprisonment in county jail or state prison for up to one year, by a fine of up to $10,000, or both, or a misdemeanor. (d) Record a notice of violation.
(e) Withhold any or all future permits and approvals.
c. Notwithstanding Section 66411.1 of the SMA, no dedication of rights-of-way or construction of offsite improvements is required for an Urban Lot Split.
2. Zoning District. The lot to be split is in a single-family residential zoning district. For purposes of this Section, the term "single-family residential zoning district" shall mean the LDR-5 (Low Density Residential – 2.1 to 5.0 DU/Acre) zoning district.
3. Lot Location. Pursuant to the GC Section 65913.4(a)(6)(B) through (K), the lot to be split shall not be located on a site that is any of the following:
a. Prime farmland, farmland of statewide importance, or land that is zoned or designated for agricultural protection or preservation by the voters. b. A wetland.
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(Rev. 12.01.2020) Page 6.08-34 Ontario Development Code c. Within a very high fire hazard severity zone, unless the site complies with all fire-hazard mitigation measures required by existing building standards. d. A hazardous waste site that has not been cleared for residential use. e. Within a delineated earthquake fault zone, unless all development on the site complies with applicable seismic protection building code standards. f. Within a 100-year flood hazard area, unless the site has either:
(1) Been subject to a Letter of Map Revision prepared by the Federal Emergency Management Agency and issued to the local jurisdiction; or (2) Meets Federal Emergency Management Agency requirements necessary to meet minimum flood plain management criteria of the National Flood Insurance Program.
g. Within a regulatory floodway, unless all development on the site has received a no-rise certification.
h. Land identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. i. Habitat for protected species.
j. Land under conservation easement.
4. Not Historic. The lot to be split shall not be a historic property or within a historic district that is included on the State Historic Resources Inventory. Nor may the lot be or be within a site that is designated by ordinance as a city or county landmark or as a historic property or district.
5. No Prior Urban Lot Split.
a. The lot to be split was not established through a prior Urban Lot Split. b. The lot to be split is not adjacent to any lot that was established through a prior Urban Lot Split by the owner of the lot to be split or by any person acting in concert with the owner. For the purposes of this Section, the term "any person acting in concert with the owner" shall include any third-party that coordinates or assists the owners of two adjacent lots with their respective Urban Lot Splits.
6. No Impact on Protected Housing. The Urban Lot Split shall not require or include the demolition or alteration of any of the following types of housing:
a. Housing that is income-restricted for households of moderate, low, or very low income.
b. Housing that is subject to any form of rent or price control through a public entity's valid exercise of its policy power.
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Ontario Development Code Page 6.08-35 (Rev. 12.01.2020) c. Housing, or a lot that used to have housing, that has been withdrawn from rental or lease under the Ellis Act (GC Sections 7060–7060.7) at any time in the 15 years prior to submission of the Urban Lot Split application.
d. Housing that has been occupied by a tenant in the last 3 years. The applicant and the owner of a property for which an Urban Lot Split is sought shall provide a sworn statement as to this fact with the application for the tentative parcel map. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statement, including but not limited to, surveying owners of nearby properties; and the City may require additional evidence of the applicant and owner as necessary to determine compliance with this requirement.
7. Lot Size.
a. The lot to be split shall be at least 2,400 SF.
b. Each lot created by an Urban Lot Split shall be at least 1,200 SF. c. Each lot created by an Urban Lot Split shall be between 60 percent and 40 percent of the original lot area.
8. Easements.
a. The owner shall enter into an easement agreement with each publicservice provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.
b. Each easement shall be shown on the parcel map.
c. Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved pursuant to subpart D.2 above.
9. Lot Access.
a. Each lot created by an Urban Lot Split shall adjoin a public street right-ofway. b. Each lot created by an Urban Lot Split shall have frontage on the public street right-of-way of at least 20 FT.
10. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an Urban Lot Split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created pursuant to State law and Section 5.03.403 (Two-Unit Projects) of this Development Code, or an ADU or JADU created pursuant to Section 5.03.010 (Accessory Dwelling Unit) of this Development Code. b. Unit Size.
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(Rev. 12.01.2020) Page 6.08-36 Ontario Development Code (1) The total floor area of each primary dwelling that is developed on a lot resulting from an Urban Lot Split shall be a minimum of 500 SF in area and a maximum of 800 SF in area.
(2) A primary dwelling that was legally established prior to the Urban Lot Split and that is larger than 800 SF is limited to the lawful floor area at the time of the Urban Lot Split and shall not be expanded.
(3) A primary dwelling that was legally established prior to the Urban Lot Split and is smaller than 800 SF may be expanded to a maximum of 800 SF after the Urban Lot Split.
c. Height Restrictions.
(1) On a resulting lot that is 2,000 SF or larger, no new primary dwelling unit may exceed one-story or 16 FT in height, measured from grade to peak of the structure. (2) On a resulting lot that is smaller than 2,000 SF, no new primary dwelling unit may exceed two-stories or 22 FT in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds one story in height shall be stepped back by an additional 5 FT from the ground floor; no balcony deck or other portion of the second story may project into the stepback.
(3) No rooftop deck is permitted on any new or remodeled dwelling or structure on a lot resulting from an Urban Lot Split.
d. Lot Coverage. Maximum lot coverage shall conform to the requirement of the underlying zoning district. This lot coverage standard is only enforced to the extent that it does not prevent two primary dwelling units on the lot at 800 SF each. e. Setback Requirements.
(1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(2) Exceptions. Notwithstanding subpart E.10.e above:
(a) Existing Structures. No setback is required for an existing legally established structure or for a new structure that is constructed in the same location and to the same dimensions as an existing legally established structure. (b) Cannot Preclude Construction of Two 800-SF Units and 4-FT Side/Rear Setbacks. The setbacks imposed by the underlying zoning district shall yield to the degree necessary to avoid physically precluding the construction of up to two units on the lot or either of the two units from being at least 800 SF in floor area; but in no event may any structure be less than 4 FT from a side or rear property line.
(3) Front Setback Area. Notwithstanding any other part of this Development Code, dwellings that are constructed after an Urban Lot Split shall conform to the front setback requirement of the underlying zoning district. The front setback area shall:
(a) Be kept free from all structures greater than 3 FT high; and 2605
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Ontario Development Code Page 6.08-37 (Rev. 12.01.2020) (b) Allow for vehicular and fire-safety access to the front structure.
f. Parking. Each new primary dwelling unit shall have at least one off-street parking space per unit within a fully enclosed garage having a minimum interior clear area measuring 10 FT in width and 20 FT in length, unless one of the following applies:
(1) The lot is located within one-half mile walking distance of either:
(a) A corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours or
(b) A site that contains:
(i) An existing rail or bus rapid transit station,
(ii) A ferry terminal served by either a bus or rail transit service, or
(iii) The intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
(2) The site is located within one-block of a permanently established car-share vehicle pickup/drop-off location.
g. Architecture.
(1) If there is a legal primary dwelling on the lot that was established before the Urban Lot Split, any new primary dwelling unit shall match the existing primary dwelling unit with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof. (2) If there is no legal primary dwelling on the lot before the Urban Lot Split, and if two primary dwellings are developed on the lot, the dwellings shall match each other with respect to exterior materials, finishes, color, and dominant roof pitch. The dominant roof pitch means the slope shared by the largest portion of the roof. (3) All exterior lighting shall be limited to down-lights. (4) No window or door of a dwelling that is constructed on the lot may have a direct line of sight to an adjoining residential property. Decorative masonry block walls, dense landscaping, or privacy glass may be used to provide screening and prevent a direct line of sight.
(5) If a dwelling is constructed on a lot after an Urban Lot Split and any portion of the dwelling is less than 30 FT from a property line that is not a public street right-of-way line, then all windows and doors in that portion shall 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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(Rev. 12.01.2020) Page 6.08-38 Ontario Development Code h. Walls, Fences, and Obstructions.
(1) Lots created as a result of an Urban Lot Split shall be provided with 6-FT high decorative masonry block walls (reduced to 3 FT in height within front setback areas) at the following locations:
(a) Interior side and rear lot lines of each lot; and
(b) Street side property lines and along the rear property line of through lots, setback a minimum of 5 FT behind the sidewalk. (2) The construction and maintenance of walls, fences, and other obstructions shall comply with the requirements of Division 6.02 (Walls, Fences, and Obstructions) of this Chapter.
i. Landscaping. Lots created as a result of an Urban Lot Split shall be fully landscaped and provided with a permanent automatic irrigation system pursuant to the requirements Division 6.05 (Landscaping) of this Chapter. j. Nonconforming Conditions. An Urban Lot Split may be approved without requiring a legal nonconforming zoning condition to be corrected. k. Utilities.
(1) Each primary dwelling unit on the resulting lots shall have its own direct utility connection to the utility service provider. (2) Each primary dwelling unit on the resulting lots that is or that is proposed to be connected to an onsite wastewater treatment system shall first have a percolation test completed within the last 5 years or, if the percolation test has been recertified, within the last 10 years.
l. Building and Safety. An Urban Lot Split is a change of use. All structures built on a lot resulting from an Urban Lot Split shall comply with all current local building standards.
11. Fire-Hazard Mitigation Measures.
a. A lot in a very high fire hazard severity zone shall comply with each of the following fire-hazard mitigation measures:
(1) It shall have direct access to a public street right-of-way with a paved street with a width of at least 40 FT. The public street right-of-way shall have at least two independent points of access for fire and life safety to access and for residents to evacuate. (2) All dwellings on the site shall comply with current Fire Code requirements for dwellings in a very high fire hazard severity zone. (3) All enclosed structures on the site shall have fire sprinklers. (4) All sides of all dwellings on the site shall be within a 150-FT hose-pull distance from either the public street right-of-way or of an onsite fire hydrant or standpipe. 2607
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Ontario Development Code Page 6.08-39 (Rev. 12.01.2020) (5) If the lot does not have a swimming pool, the lot shall have a water reservoir of at least 5,000 gallons per dwelling, with fire-authority approved hookups compatible with fire-authority standard pump and hose equipment.
b. Prior to submitting an application for an Urban Lot Split, the applicant shall obtain a certificate of compliance with all applicable fire-hazard mitigation measures pursuant to this subpart E.11. The City or its authorized agent shall inspect the site, including all structures on the site, and certify as to its compliance. The certificate shall be included with the application.
The applicant shall pay the City's costs for inspection. Failure to pay is grounds for denying the application.
12. Separate Conveyance.
a. On a lot created by an Urban Lot Split:
(1) Primary dwelling units cannot be owned or conveyed separately from each other.
(2) Condominium airspace divisions and common interest
developments are prohibited.
(3) All fee interest in a lot and all dwellings on the lot shall be held equally and undivided by all individual property owners. (4) Separate conveyance of lots created by an Urban Lot Split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the Urban Lot Split boundary may separate them for conveyance purposes if the structures meet Building Code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, the owner shall record appropriate CC&Rs, easements, or other documentation that is necessary to allocate rights and responsibility between the owners of the two lots.
13. Regulation of Uses.
a. Residential-Only. Nonresidential land uses shall be prohibited on any lot created by Urban Lot Split.
b. No Short Term Rentals. No dwelling unit on a lot that is created by an Urban Lot Split may be rented for a period of less than 30 days. c. Owner Occupancy. The applicant for an Urban Lot Split shall sign an affidavit stating that the applicant intends to occupy one of the dwelling units on one of the resulting lots as the applicant's principal residence for a minimum of 3 years after the Urban Lot Split is approved.
14. Notice of Construction.
a. At least 30 business days prior to the starting any construction of a structure on a lot created by an Urban Lot Split, the property owner shall give written notice to all the owners of record of each of the adjacent residential parcels, which notice shall include the following information:
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(2) The anticipated start and end dates for construction, (3) The hours of construction,
(4) Contact information for the project manager (for constructionrelated complaints), and (5) Contact information for the Building & Safety Department. b. This notice requirement does not confer a right on the noticed persons or on anyone else to comment on the project before permits are issued. The approval of an Urban Lot Split is ministerial and under state law, the City has no discretion in approving or denying a particular project under this Section. This notice requirement is purely to promote neighborhood awareness and expectation.
15. Deed Restriction. The owner shall record a deed restriction, acceptable to the City, that does each of the following:
a. Expressly prohibits any rental of any dwelling on the property for a period of less than 30 days.
b. Expressly prohibits any nonresidential land use of Urban Lot Split. c. Expressly prohibits any separate conveyance of a primary dwelling on the property, any separate fee interest, and any common interest development within the lot. d. States that the property is formed by an Urban Lot Split and is, therefore, subject to the City's Urban Lot Split regulations, including all applicable limits on dwelling size and development.
F. Specific Adverse Impacts.
1. Notwithstanding anything else in this Section, the City may deny an application for an Urban Lot Split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a "specific, adverse impact" on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
2. The term "specific adverse impact" has the same meaning as in GC Section 65589.5(d)(2): "a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete" and does not include (1) inconsistency with the zoning ordinance or general plan land use designation or (2) the eligibility to claim a welfare exemption under Revenue and Taxation Code Section 214(g).
3. The building official may consult with and be assisted by planning staff and others as necessary in making a finding of specific, adverse impact. 2609
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Ontario Development Code Page 6.10-1 (Rev. 12.01.2020)
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Ontario Development Code Page 6.11-1 (Rev. 12.01.2020)
Division 6.11—Shopping Cart Retention and Storage
Sections:
6.11.000: Purpose
6.11.005: Applicability
6.11.010: Definitions
6.11.015: Exemption
6.11.020: Mandatory Shopping Cart Retention Plan
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan
6.11.035: Notification for Retrieval of Abandoned Carts
6.11.040: Administrative Costs and Fines
6.11.045: Disposition of Carts after 30 Days
6.11.050: Unmarked Shopping Carts: Public Nuisance
6.11.055: Unmarked Shopping Carts: Destruction
6.11.060: Shopping Cart Collection and Storage Facilities
6.11.000: Purpose
Abandoned shopping carts constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City. The accumulation of wrecked, dismantled, and abandoned shopping carts on public or private property also tends to create conditions that reduce property values, promoting blight and deterioration in the City. The purpose of this Division is to provide regulations pertaining to abandoned shopping carts, unmarked shopping carts, provide a requirement for a mandatory plan to prevent cart removal, and provide adequate facilities for on-site cart storage.
6.11.005: Applicability
Any business establishment in the City that provides shopping carts for use by their patrons shall develop and implement a Shopping Cart Retention Plan, which is intended to prevent customers from removing carts from their business premises and provide appropriate cart storage areas pursuant to this Division. The Shopping Cart Retention Plan shall be reviewed and approved by the Planning Director pursuant to the procedures established for ministerial permits and decisions contained in Subsection 2.02.015.C (Ministerial Permits and Decisions) of this Development Code.
6.11.010: Definitions
As used in this Division, unless otherwise apparent from the context, the words, terms, and phrases listed below, shall have the following meaning:
A. Abandoned Cart. Any cart that has been removed without written permission of the owner, or on-duty manager from the premises of the business establishment, regardless of whether it has been left on either private or public property. This provision shall not apply to carts that are removed for the purpose of repair or maintenance.
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B. Cart. A basket that is mounted on wheels or similar devise provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to, grocery store shopping carts.
C. Owner. Any person or entity, who in connection with the conduct of a business, owns, possesses, or makes any cart available to customers or the public. For the purposes of this Division, "owner" shall also include the owner's on-site or designated agent or retailer that provides the carts for use by its customers.
D. Premises. The entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot or other property provided by the owner for customer parking.
E. Unmarked Cart. Any cart as defined by this Division that is not identified and marked pursuant to PC Section 22435.1.
6.11.015: Exemption
Any owner that agrees to enter into a contract with a City-designated retrieval service to provide for retrieval of abandoned carts, or, individually or as part of a consortium of businesses, enters into a retrieval contract with a retrieval service that is satisfactory to the City, shall be exempt from Section 6.11.025 (Prevention Plan Timeline and Approval Process), Section 6.11.030 (Penalties for Failing to Submit a Shopping Cart Retention Plan), and Section 6.11.035 (Notification for Retrieval of Abandoned Carts), below.
6.11.020: Mandatory Shopping Cart Retention Plan
Every business owner shall develop and implement a Shopping Cart Retention Plan for all businesses that utilize shopping carts for use by business patrons, to prevent customers from removing carts from the business premises. Every Shopping Cart Retention Plan shall include the following elements:
A. Required Signs on Carts. Every cart owned or provided by any business establishment in the City shall have a sign permanently affixed to it that contains all of the following information:
1. Identifies the owner of the cart or the name of the business establishment, or both;
2. Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
3. Notifies the public that the unauthorized removal of the cart from the premises or parking area of the retail establishment, or the unauthorized possession of the cart, is a violation of State law; and
4. Lists a valid telephone number to contact to report the location of the abandoned cart or lists an address for returning the cart to the owner or business establishment.
B. Required Signs on Property. Signs shall be placed in pertinent places near door exits and near parking lot exists that notify customers that cart removal is prohibited and constitutes a violation of State and local law.
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C. Physical Measures.
1. New development, an increase of more than 10 percent in GFA, or the major alteration or remodel of any building occupied by, or proposed to be occupied by, retail commercial uses providing 10 or more shopping carts for use by business patrons, shall install and maintain in good working order, an electronic barrier system at the perimeter of the business site, which, when crossed by a shopping cart, will disable the cart, thereby preventing its removal from the site. Alternate cart retention methods that would achieve the same outcome may be considered by the Planning Director.
2. New and existing businesses providing less than 10 shopping carts for use by patrons, may be required to implement specific physical measures to prevent shopping cart removal from the business premises. These measures may include one or more of the following:
a. Installation of disabling devices on all carts;
b. Posting of a security guard to deter and stop customers who attempt to remove carts from the premises;
c. A decorative bollard and chain system or decorative fencing installed around the business premises to prevent cart removal;
d. Security deposits required for the use of all carts; and/or e. The rental or sale of carts that can be temporarily or permanently used for the transport of purchases.
6.11.025: Shopping Cart Retention Plan Timeline and Approval Process The Shopping Cart Retention Plan shall be submitted for approval by the City within 60 days after adoption of this Division, and each time the plan is proposed to be amended. If a new Plan is submitted, the proposed measures shall be implemented no later than 30 days after City approval is given. The prevention measures shall be continued until and unless the City indicates that measures need to be modified. Unless otherwise agreed, any modifications to the Plan imposed by the City shall be implemented within 30 days after the City notifies the retailer of the needed modifications.
6.11.030: Penalties for Failing to Submit a Shopping Cart Retention Plan Any owner that fails to submit a Shopping Cart Retention Plan, implement the proposed Plan measures, or implement any required modifications to the Plan by the City within the periods specified in this Division, shall be subject to a $1,000 civil penalty, plus an additional penalty of $50 for each day of noncompliance.
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6.11.035: Notification for Retrieval of Abandoned Carts Pursuant to BPC Section 22435.7, the City shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the City within 24 hours of impoundment. The owner shall have 3 business days from the date that notification is given to retrieve carts from the City.
6.11.040: Administrative Costs and Fines
Pursuant to BPC Section 22435.7, any owner that fails to retrieve its abandoned cart(s) within 3 business days after receiving notice from the City, shall pay the City's administrative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this Division in excess of 3 times during a 6-month period shall be subject to a $50 fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the City in a one-day period.
6.11.045: Disposition of Carts after 30 Days
Pursuant to State law, any cart not reclaimed from the City within 30 days after notification to the owner, shall be sold or otherwise disposed of by the City.
6.11.050: Unmarked Shopping Carts: Public Nuisance
Any unmarked shopping cart is hereby declared a public nuisance if:
A. It is left unattended on a public right-of-way or other public property; B. It is left unattended on any private property at a location that will impede emergency services;
C. It is left unattended on the front or side setback of any private property without the owner's or occupant's permission; or
D. It is left on private property where it may be viewed from the public right-of-way or adjacent properties for more than 24 hours after the occupant, if any, and the owner of the property has received written notice which states that if the shopping cart is not removed from public view, it will be impounded by the City and may be sold or otherwise disposed of by the City.
6.11.055: Unmarked Shopping Carts: Destruction
Any carts found to be unmarked as defined by this Division, and has been impounded by the City, shall be destroyed without any further notice other than as specified in Subsection 6.11.050.D of this Division.
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6.11.060: Shopping Cart Collection and Storage Facilities Shopping cart storage facilities shall be provided for commercial-retail uses, including, but not limited to, automotive parts and supplies, food and beverage stores, health and personal care stores, general merchandise stores, and other miscellaneous retail stores, for 3 separate and distinct purposes: [1] the overnight or long-term storage of shopping carts; [2] the distribution of shopping carts to patrons as they enter the business; and [3] stations for the collection and storage of shopping carts within off-street parking facilities.
A. The Overnight or Long-Term Storage of Shopping Carts.
1. Facilities for the overnight or long-term storage of shopping carts shall be located within the building of the business they serve, or outside, within screened areas. Outside overnight shopping cart storage areas shall be screened and secured by a minimum 3-FT high decorative masonry wall, with a decorative cap, in combination with landscaping. The wall shall be designed to be architecturally consistent with the design of the adjacent building(s).
2. The minimum size, design, and location of overnight shopping cart storage areas shall be subject to Planning Director approval.
B. Stations for the Collection and Storage of Shopping Carts within Off-Street Parking Facilities (Shopping Cart Corrals). Shopping cart corrals shall be provided within off-street parking facilities and shall be distributed throughout parking lots for convenient access by business patrons.
1. At a minimum, shopping cart corrals shall be defined by a landscaped planter on at least two opposing perimeter sides, minimum 3 FT in width, bordered by a raised 6-inch concrete curb, which shall be planted and maintained with a hedgerow that will be allowed to grow to a minimum height of 3 FT for the purpose of screening shopping carts. The paving at the corral entrance shall be slightly raised to keep shopping carts confined within the corral. Within the required planter area, the construction of a 3-FT high decorative masonry wall with a decorative cap is encouraged, to provide further screening. The use of pipe corrals shall not be permitted.
2. Shopping cart corrals shall be distributed throughout the off-street parking area.
The minimum number, dimensions, and locations of shopping cart corrals shall be determined by the Planning Director.
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Chapter 8.0:
Sign Regulations
Division 8.01—Sign Regulations
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Ontario Development Code Page 8.01-1 (Rev. 02.17.2026)
Division 8.01—Sign Regulations
Sections:
8.01.000: Purpose
8.01.005: Applicability
8.01.010: Exempt Signs
8.01.015: Prohibited Signs
8.01.020: Sign Standards
8.01.025: Design Guidelines
8.01.000: Purpose
A. The regulations set forth by this Division contain the primary tools for implementing the sign policies, standards, and regulations of the City pursuant to the provisions of the State Outdoor Advertising Act (BPC Section 5200 et seq.), and other applicable state and local requirements, and prescribe standards for the type, placement, size, number, height, and illumination of signs in order to achieve the following purposes:
1. Maintain the attractiveness and orderliness of the City's appearance by avoiding sign clutter;
2. Protect agricultural, residential, commercial, industrial, civic, open space and utilities, from the loss of visual prominence resulting from excessive signing on nearby sites;
3. Protect public and private investment in buildings and open spaces;
4. Protect residentially zoned areas lying adjacent to commercial and industrial areas from the negative effects of excessive signs;
5. Enable users of goods and services to identify establishments offering services to meet their needs;
6. Encourage sound signing practices as an aid to business and inform the public, but to prevent excessive and confusing sign displays;
7. Regulate the number, size, height, and location of signs according to standards consistent with the types of establishments in each zoning district;
8. Promote traffic safety through appropriate and reasonable controls on signs;
9. Promote the public health, safety, and welfare by regulating and controlling all matters relating to signs; and
10. Protect the health, safety, and welfare of City residents from hazards resulting from improper, excessive, distracting and otherwise unsafe signage.
B. It is the determination of the City Council that a sign is intended to serve primarily to identify the general nature of an establishment, or to direct attention to a product, activity, place, person, organization or enterprise. The City Council further determines that as identification devices, signs should not subject the citizenry to excessive competition for their visual attention, and as 2622
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appropriate identification devices, signs should harmonize with the building or activity they serve, the neighborhood in which they are located, and other signs within the surrounding area and in the same zoning district.
C. The installation of signs that improve the appearance of a building and neighborhood is encouraged. As such, The City Council hereby promotes the use of artistry and innovation in the design of signs is decidedly encouraged.
8.01.005: Applicability
A. No sign, including copy change or a temporary sign, shall be approved and a permit therefore issued, except in conformance with the requirements of Table 2.02-1 (Review Matrix) and Section 4.03.020 (Sign Plans) of this Development Code, and the requirements of this Division.
B. No sign shall be erected, constructed, attached, affixed, or maintained on any property, except in conformity with the provisions of this Division, and expressly exempted by the provisions of Section 8.01.010 (Exempt Signs) of this Division.
C. It shall be illegal to use, occupy, or maintain property in violation of this Division. Any violation or failure to comply with the provisions of this Division shall render a person guilty of such violation, punishable in accordance with OMC Title 1, Chapter 2 (Penalty Provisions).
8.01.010: Exempt Signs
No sign, including copy change or a temporary sign, shall be placed, installed, constructed, displayed, or altered without a Sign Plan approved by the City pursuant to Section 4.03.020 (Sign Plans) of this Development Code, excepting the following:
A. Official Notices. Any sign, posting, notice or other indication used exclusively to display official notices, notices of any court or public office, or posted by a public officer in the performance of a public duty, or required by a public entity in carrying out its responsibility to protect the public health, safety or welfare, or otherwise required by law.
B. Street and Traffic Control Signs. Street name and traffic control signs, directional signs, informational signs of a public or semi-public nature, historical markers placed by a governmental or non-profit organization, and railroad crossing, danger, or other emergency warning signs, provided that no individual sign exceeds 4 SF in area.
C. Directional Signs. Signs guiding and directing traffic in parking lots and facilities, provided that no individual signs exceed 4 SF in area and 4 FT in height.
D. Public Convenience Signs. Signs showing the location of public restrooms, telephones, other public conveniences, and underground utilities, provided no individual sign exceeds 2 SF in area.
E. Business Hours, Emergency Phone Numbers, Honoring Credit Cards, and Association Membership Signs. Signs indicating business hours, emergency phone numbers, honoring credit cards, association memberships and similar types of sign, provided no individual sign exceeds one SF in area and the total area of all such signs does not exceed 4 SF. 2623
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F. Interior Signs. Signs located entirely within a building, structure or complex of buildings, which are not visible from a public street or from other adjacent properties.
G. Menu Boards for Drive-In, Drive-Through, and Walk-Up Restaurants. Menu boards not exceeding 36 SF in area and 6 FT in height for drive-in, drive-through, and walk-up restaurants, not to exceed 2 menu boards per restaurant.
H. Building Plaques. The names of buildings and dates of erection and dedicatory, memorial or historical plaques not exceeding 4 SF in area, which are constructed of bronze or other nonflammable material.
I. Political Signs. Political campaign signs installed pursuant to Subsection 8.01.025.J (Political Signs) of this Division.
J. Posters and Bulletin Boards. Temporary posters on private property, not exceeding 4 SF in area, which are located in windows or on bulletin boards, advertising benefit activities and events sponsored by local nonprofit organizations.
K. Holiday Lights and Displays. Holiday lights and displays that do not advertise any business establishment, product, or other commercial activity, limited to 30 days within any 60-day period.
L. Real Estate and Construction Signs. Temporary real estate and construction signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Home Occupation Signs. Signs attached to the exterior wall of a dwelling, at or near the building entrance, which identify a legally established home occupation conducted therein, not to exceed one sign per dwelling, maximum 18 inches square in size, and mounted at eye level, no higher than 6 FT above finished floor of the dwelling, measured at the top edge of the sign.
8.01.015: Prohibited Signs
The following signs and circumstances are expressly prohibited within the City, except as otherwise provided by this Division:
A. Any sign not specifically allowed by this Division; however, nothing in this Division shall be construed to prohibit any sign, notice, or advertisement required by Federal, State, or local laws.
B. Billboards, including vehicle-mounted billboards (roving or stationary), excepting [i] billboards established pursuant to a Billboard Relocation Agreement, implemented pursuant to Section 4.02.010 (Billboard Relocation Agreements); and [ii] billboards located within the ONT zoning district, established pursuant to the requirements of Table 8.01-1 (Sign Regulations Matrix) of this Development Code.
C. Rotating, revolving, or otherwise moving signs designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign, including rotation, special lighting or wind actuated devices, and signs that flash, blink or reflect light by means of a glossy, polished, or mirrored surface, excepting barber poles, time and temperature signs, and electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
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D. Searchlights, open flames, or loudspeakers used to call attention to a product, service or property.
E. Signs that float in the air, such as signs affixed to, or printed on, hot air balloons, helium balloons, or kites, inflated signs, and any other type of aerial sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
F. Banner signs, except as temporary promotional or special event signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
G. Signs that emit or amplify any sounds or noise.
H. Signs illuminated by lighting that changes in color or intensity of color, excepting electronic message displays allowed pursuant to Paragraph C.3 (Electronic Message Displays) of this Section.
I. Signs that generate particulate matter, including but not limited to, bubbles, smoke, fog, confetti or ashes.
J. Swooper signs, except as temporary promotional or special event signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
K. Signs placed on, affixed to, or erected on or over public rights-of-way, excepting street banners allowed pursuant to Subsection 8.01.025.G (Street Banner Program and Street Banners) of this Division.
L. Signs that identify or advertise a product or service not available on the premises, excepting offsite real estate signs allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
M. Signs erected on roofs, or that project above the eave, parapet line or roofline, or above a canopy of a building.
N. Internally illuminated signs with a directly exposed source of light.
O. Lit borders consisting of neon or LED fixtures, which are affixed around the interior or exterior perimeter of windows, excepting holiday and/or seasonal lights and displays allowed pursuant to Subsection 8.01.010.K of this Division.
P. Externally illuminated signs where the source of light is directly visible to pedestrians or vehicular traffic.
Q. Signs that emit or reflect light by means of direct fluorescence, phosphorescence, or "dayglow" colors.
R. Signs that obstruct the visual lines of sight at corners or intersections for drivers of motor vehicles.
S. Signs that may obstruct the free use of any exit, entrance, window, vent, emergency access, fire lane, fire hydrant, or standpipe.
T. Signs that may interfere with, obstruct, confuse, or mislead pedestrian or vehicular traffic. 2625
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U. Any sign illumination that, in the opinion of the Zoning Administrator, exhibits undue glare.
V. Signs affixed to trucks, automobiles, trailers or any other vehicle that advertise, identify, or provide direction to a use or activity not related to its lawful making of deliveries or sales of merchandise, or rendering of services from such vehicles.
W. Parking of legitimate delivery, sales, or service vehicles in an off-site location, or on-site, within a parking lot adjacent to a public street for the purpose of advertising.
X. Any sandwich board, "A" frame sign, or other portable sign, except as temporary signs or displays allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
Y. Signs affixed to, or painted on, a rock, tree, or any other natural feature.
Z. Changeable copy signs, excepting electronic message displays allowed pursuant to Paragraph 8.01.020.C.3 (Electronic Message Displays) of this Division, and those changeable copy signs specifically allowed pursuant to Table 8.01-1 (Sign Regulation Matrix) of this Division.
AA. Any sign having a dimension in excess of 1.5 FT in height and 1.5 FT in width, which identifies a home occupation.
BB. Any sign consisting of several sheets of paper connected together by perforations, tape, staples or any other means.
CC. Signage painted on the exterior walls or fascia of a building or structure.
DD. Supergraphics.
EE. Human signs, including human billboards, human directionals, and sign walkers, wavers and twirlers (holding or wearing a sign, or the act of spinning or dancing while holding or wearing a sign, or wearing a costume, in order to attract attention).
8.01.020: Sign Standards
A. General Regulations.
1. No sign shall be placed on private property, including vacant property, without written authorization from the owner or the occupant, and approval of plans by the City, pursuant to the provisions of Section 4.03.020 (Sign Plans) of this Development Code.
2. No sign shall be placed on public property or within the public right-of-way without written City approval. Signs placed on public property or in the public right-of-way without specific approval, shall be deemed illegal and shall be abated pursuant to the provisions of Section
3.02.015 (Illegal Signs) of this Development Code.
3. Creative and imaginative signage is strongly encouraged and is the standard by which Sign Plan applications will be judged, together with the specific architectural style of adjacent buildings.
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4. There are many acceptable sign treatments that may be used; however, a mixed media, three-dimensional approach, which incorporates a combination of fabrication and lighting techniques, is preferred.
5. Consider [i] the overall concept of the project a proposed sign will serve, [ii] the scale of the proposed sign, and [iii] the critical viewing angles and sight lines when designing appropriate graphics and signs for site and storefront installations.
6. A sign shall be located on the same site as the use, activity, or structure it identifies, except as otherwise expressly permitted by this Division.
7. No sign shall resemble a traffic safety or control device or, by intensity of illumination, location or design, impair the vision of, or create a hazard for, motorists on a public street or highway.
8. Lateral and columnar sign supports are to be designed to be architecturally integrated with the building to which it is attached, or so that required bracing, including but not limited to, angle irons, guy wires, cables or other appurtenances, shall not be exposed to public view.
9. All signs shall be constructed to conceal conduits and raceways, exposed wiring, and electrical appurtenances.
B. Sign Regulations.
1. Sign Regulation Matrix. Table 8.01-1 (Sign Regulation Matrix) of this Division, identifies the sign classification, type, number, location, area, height, length, allowed within each zoning district of the City, along with any applicable special regulations. The standards contained in the Sign Regulation Matrix are maximums, unless otherwise stated. The maximum standard established by Table 8.01-1 (Sign Regulation Matrix) may be reduced by the Approving Authority in cases when the Approving Authority can clearly establish by written decision that that implementation of the maximum standard would:
a. Adversely affect the public health, safety or welfare; or b. Result in a sign design and/or placement inconsistent with the requirements of this Section; or
c. Be contrary to the aesthetic sensibilities of the neighborhood in which the sign is proposed.
2. Downtown Ontario Design Guidelines. The Downtown Ontario Design Guidelines, included as Reference "C" of this Development Code, establishes a set of architectural, graphic, and lighting design principles for the rehabilitation of properties within the City's historic original downtown area (project area). Signs proposed within the project area shall be subject to the sign requirements contained within the Downtown Ontario Design Guidelines. The affected area is bordered by I Street on the north, Vine Street on the west, Sultana Avenue on the east, and railroad tracks on the south, and is defined in Figure 1.4 (Land Use Districts) of the Downtown Ontario Design Guidelines. The design guidelines also apply to those properties located across the street from, and directly abut, the project area.
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Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations A. ALL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Construction Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT No restriction. [1] Signs shall be nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
b. Off-Site Residential
Subdivision Signs
Number and location subject
to Planning Director
approval; however, a sign
shall not be located more
than 600 FT from any other
Off-Site Residential
Subdivision Sign location.
35 SF Sign: 7 FT (overall)
Business Panel Signs: 10
inches (each)
Panel: 5 FT (each) [1] The design, construction
materials, and color scheme
of Off-Site Residential
Subdivision Signs shall be
pursuant to an Off-Site
Residential Subdivision Sign
Program approved by the
Planning Director. No more
than 6 sign panels shall be
affixed to any one structure.
[2] Each sign panel may only
contain the name of the
residential subdivision and a
directional arrow.
[3] The placement of Off-Site
Residential Subdivision Signs
within the public right-of-way
shall be subject to approval
of an encroachment permit
by the City Engineer.
[4] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off-Site
Subdivision Signs is not
permitted.
[5] Signs shall not advertise
residential subdivisions
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Division 8.01—Sign Regulations
(Rev. 08.04.2026) Page 8.01-8 Ontario Development Code
Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations located outside of the city
limits.
[6] Individual directional
panels shall be allowed to
remain until such time that
the respective subdivision is
sold-out.
[7] It shall be unlawful for any
person to place or erect an
Off-Site Residential
Subdivision Sign, except in
conformity with the herein
stated provisions
[8] The City Council may by
resolution, authorize the
administration of an Off-Site
Residential Subdivision Sign
Program by one or more
organizations of its choosing.
c. Off-Site Business
Signs
Number and location subject
to Planning Commission
approval.
35 SF Sign: 7 FT (overall)
Business Panel Signs: 10
inches (each)
Business Panel Signs: 5 FT
(each)
[1] A maximum of 2 Off-Site
Business Signs may be
permitted for a business, or
group of businesses, when
the Planning Commission
can make each of the
following findings:
Five or more businesses
are affected by the same
special circumstances;
and
Special circumstances
exist which adversely
affect the businesses,
such as temporary
closure of a public street,
which provides main
access to the businesses.
[2] The design, construction
materials, and color scheme
of an Off-Site Business Sign
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-9 (Rev. 08.04.2026)
Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations shall be subject to approval
by the Planning Commission.
[3] No more than 6 business
panel signs shall be affixed to
any one structure.
[4] The placement of Off-Site
Business Signs within the
public right-of-way shall be
subject to approval of an
encroachment permit by the
City Engineer.
[5] No flags, balloons,
pennants, or other riders or
decorations are permitted.
The illumination of Off-Site
Business Signs is not
permitted.
[6] It shall be unlawful for any
person to place or erect an
Off-Site Business Sign, except
in conformity with the herein
stated provisions.
[7] An Off-Site Business Sign
shall be removed within 30
days following the special
circumstances that allowed
the sign, ceases to exist.
[8] No otherwise eligible
business shall be allowed an
Off-Site Business Sign until all
illegal signs associated with
such businesses are
removed.
d. Political Signs Refer to Paragraph
8.01.020.K (Political Signs) of
this Division for political sign
regulations.
e. Street Banners Pursuant to Subsection
8.01.020.G (Street Banners
No restriction. No restriction. No restriction. Comply with the requirements of Subsection
2630
Division 8.01—Sign Regulations
(Rev. 08.04.2026) Page 8.01-10 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and Street Banner Programs)
of this Division.
8.01.020.G (Street Banners
and Street Banner Programs)
f. Large Public
Notification Signs
Refer to Division 2.03 (Public
Hearings), Paragraph
2.03.010.C.4 (Supplemental
Public Noticing Requirements
– Posting) for large public
notification sign regulations.
2. Permanent Signs
a. Address Signs One wall sign and rooftop
sign per building or divided
tenant space.
Street addresses shall be
posted pursuant to
Subsections 6.06.020.B
(Posting of Street Address
Numbers) and D (Posting of
Rooftop Address Numbers) of
this Development Code.
b. Directional Signs Pole, monument, or wall sign. 4 SF per sign face. Pole or monument signs shall not exceed 4 FT in height.
Signs shall be for the purpose
of serving the public safety or
convenience (e.g., signs
such as "parking," "entrance,"
"exit" and the like). The sign
may include the name/logo
of the business it serves.
c. Directory Signs Monument or wall sign. The
number and location shall be
at the discretion of the
Planning Director.
6 SF per sign face. 6 FT Directory signs should include a plot plan showing all
private drives and roads,
building locations with unit
numbers and addresses, and
fire hydrant locations. The
directory should also include
a reference point on the plot
plan indicating the location
of the directory and a north
arrow.
d. Government Flags
and Emblems
No restrictions. No restriction. No restriction. No restriction. Includes flags or emblems of the United States of America,
the State of California, the
County of San Bernardino
and the City of Ontario.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-11 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations e. Wall Murals Murals shall be original, noncommercial works of art; uniquely designed for the
specific location it is
proposed. Ideally, murals
should depict the historic
character of the community
or reflect Ontario's
environmental setting.
There is no maximum allowed
sign area; however, murals
must complement the scale
and architectural features of
the building on which they
are located.
No restriction. No restriction. [1] Murals are intended to enhance the quality of the
area in which it is located,
and the community as a
whole. They should not serve
to direct attention to a
specific business, product, or
service.
[2] Wall murals may be
approved by the Planning
Commission, upon
consideration of the
following:
Compatibility of the
design with the
immediate environment
of the site;
Appropriateness of the
design and size to the
function of the site;
Compatibility of the
design and location
within a unified theme;
and
Appropriateness of the
design as a public work of
art. The design may
portray, but not be limited
to, a cultural, historical, or
scenic subject.
B. RESIDENTIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs
(signs identifying properties
and dwellings for resale)
One freestanding sign per
lot, which identifies a
property as "For Sale," "For
Lease" or "For Rent."
8 SF per sign face.
4 SF per sign face.
5 FT
3 FT
[1] Only nonilluminated signs
shall be allowed.
[2] A sign identifying a
property for sale/lease/rent
shall be removed within 5
2632
Division 8.01—Sign Regulations
(Rev. 08.04.2026) Page 8.01-12 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations One on-site freestanding sign
per event, which identifies an
"Open House."
Four off-site freestanding
directional signs, which
identifies the location of an
"Open House" event.
4 SF per sign face. 3 FT
days following the close of
escrow.
[3] Open House" signs shall be
allowed as follows:
Signs may be placed
between the hours of
8:00 AM and 8:00 PM, on
Friday, Saturday, Sunday,
and legal holidays;
Off-site directional signs
shall be located no
farther than 0.5-mile from
the Open House
location;
Signs shall not be placed
on the public sidewalk;
and
No flags, balloons,
pennants, or other sign
riders or decorations shall
be used.
b. Subdivision Sales
Offices and Model Home
Gran Openings < 5 acres
One freestanding or wall sign
per subdivision.
32 SF per sign face. 12 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 30 days following the
sale of the last unit in the
complex.
[3] No flags, balloons, or
pennants shall be used.
c. Subdivision Sales
Offices and Model Home
Grand Openings > 5 acres
One freestanding or wall
signs per street frontage of a
subdivision, not to exceed a
total of 3 signs.
32 FT per sign face. 12 FT
2. Permanent Signs
a. Single-Family Signs
Subdivision Signs One monument sign or wall
sign per subdivision, located
at the subdivision entry or at
major intersecting boundary
streets.
12 SF per sign face. 4 FT (freestanding) [1] Only nonilluminated signs shall be allowed.
[2] The Planning Director may
implement measures to
ensure sign maintenance,
such as the establishment of
a homeowners association
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-13 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations and the recordation of
appropriate CC&Rs with the
San Bernardino County
Recorder's office, or other
suitable measures.
Home
Occupation Signs
One wall sign per dwelling,
located at or near the
building entrance.
2.25 SF 1.5 FT 1.5 FT Home occupation signs shall
be mounted at eye level, no
higher than 6 FT above
finished floor of the dwelling,
measured at the top edge of
the sign.
b. Multiple-Family
Signs
Complex Signs One monument sign or wall
sign per street frontage.
24 SF per sign face. 6 FT (freestanding) [1] Signs shall be nonilluminated.
[2] Wall signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
[3] Monument signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
Site Directory
Signs
One monument or wall site
directory sign per vehicle
entry.
12 SF per sign face. 6 FT (freestanding)
c. Institutional User
Signs (e.g., day care
facilities, religious assembly,
schools, etc.)
Wall Signs: One sign per street
frontage, not to exceed 2
signs per building.
Monument Signs: One sign
per street frontage.
Wall Signs: 24 SF per building
elevation.
Monument Signs: 24 SF per
sign face.
Wall Signs: 2 FT maximum
alphanumeric character
height.
Monument Signs: 6 FT
Wall Signs: Not to exceed
80% of the elevation width
upon which the sign is
located.
Wall Signs: Signs shall comply
with Subsection 8.01.020.D
(Building Wall and Fascia
Signs) of this Division.
Monument Signs: Signs shall
comply with Paragraph
8.01.020.C.1 of this Division.
C. COMMERCIAL ZONING DISTRICTS (excepting those "specialty signs" listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT [1] Signs shall be
nonilluminated.
2634
Division 8.01—Sign Regulations
(Rev. 08.04.2026) Page 8.01-14 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area, excepting within the
area covered by the
Downtown Ontario Design
Guidelines (see Reference
"C" of this Development
Code for applicable
standards).
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
< 8.000 SF of
tenant GFA
One wall-mounted banner
per tenant.
50 SF per sign face. 3 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening.
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year. Periods
may be used consecutively.
[3] Holiday Retail Sales.
Holiday Retail Sales
> 8,000 SF of
tenant GFA
One wall-mounted banner
per tenant.
75 SF per sign face. 5 FT Not to exceed 50% of the
elevation width upon which
the sign is located.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-15 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
[5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events. Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
2636
Division 8.01—Sign Regulations
(Rev. 08.04.2026) Page 8.01-16 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations be allowed temporary
signage during the specified
"holiday periods," and the
specified "additional events"
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Retail: Businesses
Occupying > 100,000 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
200 SF per building elevation. Primary Signs: 6 FT for
alphanumeric characters
and graphic logos/icons.
Descriptor Signs: 2 FT for
alphanumeric characters
and graphic logos/icons.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
Retail: Businesses
Occupying 50,000 SF to
99,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
175 SF per building elevation. Primary Signs: 5 FT for
alphanumeric characters
and graphic logos/icons.
Descriptor Signs: 2 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 20,000 SF to
49,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
150 SF per building elevation. Primary Signs: 4 FT for
alphanumeric characters
and graphic logos/icons.
Descriptor Signs: 1.5 FT for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying 8,000 SF to
19,999 SF
One primary wall sign per
building elevation, not to
exceed 3 signs, plus 2
descriptor signs.
100 SF per building elevation. Primary Signs: 3 FT for
alphanumeric characters
and graphic logos/icons.
Descriptor Signs: 12 inches for
alphanumeric characters
and graphic logos/icons.
Retail: Businesses
Occupying < 8,000 SF
One wall sign per building
elevation, not to exceed 3
signs.
50 SF per building elevation. Alphanumeric Characters: 2 FT.
Logos/Icons: 4 FT.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-17 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations Office: MultipleStory Building IdentificationOne wall sign per building elevation, not to exceed 2
signs.
100 SF per building elevation. 3 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Signage shall be limited to
identification of the building,
and not individual tenants.
Office: Multiple
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs.
50 SF per building elevation. 2 FT for alphanumeric
characters and graphic
logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] A maximum of 2 tenant
identification signs shall be
permitted regardless of the
number of tenants
contained within the
building.
Office: Single
Story Building—Tenant
Identification
One wall sign per building
elevation, not to exceed 2
signs. Alternately, for multiple
tenant buildings, one
nameplate may be provided
for each tenant (2
nameplates may be
provided for end/corner-unit
tenants).
Wall Signs: 50 SF.
Nameplates: 15 SF.
Wall Signs: 2 FT for
alphanumeric characters
and graphic logos/icons.
Nameplates: 1.5 FT for
nameplates and 12-inches
for alphanumeric characters
and graphic logos/icons.
[1] Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
[2] Nameplates shall not be
illuminated.
b. Monument Signs
Commercial
Center Identification Signs
One monument sign for
each 500 FT (lineal) of street
frontage, with a minimum
300 FT spacing between
signs.
50 SF per sign face. 7 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Building
Identification Signs (not a
part of a center or complex)
One monument sign per
street frontage.
36 SF per sign face. 6 FT
c. Directional Signs
(On-Site)
Freestanding directional
signs (on-site only) shall be
permitted as determined
appropriate by the Planning
Director.
4 SF per sign face 4 FT The design of directional
signs shall be consistent with
the architectural design of
the buildings they serve.
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Division 8.01—Sign Regulations
(Rev. 08.04.2026) Page 8.01-18 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations d. Freeway Signs [1] One sign per parcel
having a minimum of 600 FT
of freeway frontage and is
developed as a single entity.
[2] Two signs per parcel
having a minimum of 1,800 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
[3] Three signs per parcel
having a minimum of 3,000 FT
of freeway frontage, a
minimum of 10 acres in area,
and is developed as a single
entity.
150 SF per sign face. 35 FT maximum above the
finished grade of the
adjacent freeway; however,
when a visual impairment
exists, then max height shall
be determined by a height
analysis at the Planning
Director’s discretion.
No sign face shall exceed 25
FT in any direction.
[1] Comply with Paragraph
8.01.020.C.2 (Freeway Signs)
of this Division.
[2] No advertising display
shall contain flashing,
intermittent, or moving lights,
other than that part
necessary to give public
service information,
including, but not limited to,
the time, date, temperature,
weather, or similar
information, or an Electronic
Message Display that
complies with Paragraph
8.01.020.C.3 (Electronic
Message Displays) of this
Division.
D. MIXED-USE ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection F (Standards for Specialty Signs) of this Table) All Signs Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table; and rely upon the sign standards for commercial land uses established by Subsection C (Commercial Zoning Districts) of this Table
E. INDUSTRIAL ZONING DISTRICTS (excepting those "specialty signs" uses listed in Subsection G (Standards for Specialty Signs) of this Table)
1. Temporary Signs
a. Real Estate Signs One freestanding sign or wall
sign per parcel.
32 SF per sign face. 8 FT. [1] Signs shall be
nonilluminated.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit
has been completed.
b. Window Signs and
Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
2639
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-19 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations the inside of doors and
windows.
[3] Signs placed on the
interior of a building, which
are located within 3 FT of a
storefront window and are
visible from the building
exterior, shall be deemed a
window sign.
c. On-Site
Promotional and Special
Event Signs and Banners
One wall-mounted banner
per tenant.
One-half the area allowed
for permanent tenant
identification signage, not to
exceed 50 SF.
Not to exceed 50% of the
elevation width upon which
the sign is located.
[1] Business Grand Opening.
A new business may be
allowed temporary signage
identifying its grand opening,
one time, for a maximum of
30 days duration.
[2] Retail Sales and Business
Events. A Retail Sales or
Business Event pursuant to
Paragraph 5.03.395.G.1 of
this Development Code may
be allowed temporary
signage for maximum 3
periods of 30 days duration
per calendar year. Periods
may be used consecutively.
[3] Holiday Retail Sales.
Holiday Retail Sales
established pursuant to
Paragraph 5.03.395.G.2 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration.
[4] Shows and Exhibits. Shows
and Exhibits established
pursuant to Paragraph
5.03.395.G.3 of this
Development Code may be
allowed temporary signage
for maximum 30 days
duration.
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Division 8.01—Sign Regulations
(Rev. 08.04.2026) Page 8.01-20 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations [5] Amusement and/or
Sporting Events. Amusement
and/or Sporting Events
established pursuant to
Paragraph 5.03.395.G.4 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[6] Tent Revivals. Tent Revivals
established pursuant to
Paragraph 5.03.395.G.5 of
this Development Code may
be allowed temporary
signage for maximum 30
days duration per calendar
year, which may be used in a
single period, or in 2 periods
of 15 days duration.
[7] Charitable and Fund
Raising Events. Charitable
and Fund Raising Events
established pursuant to
Paragraph 5.03.395.G.6 of
this Development Code may
be allowed temporary
signage during the specified
"holiday periods," and the
specified "additional events"
for which a Temporary Use
Permit has been issued.
2. Permanent Signs
a. Wall Signs
Businesses
Occupying > 250,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
250 SF per wall sign Wall Signs: 6 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-21 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations lot, not to exceed 2 signs per
tenant.
Businesses
Occupying 249,999 SF to
100,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
200 SF per wall sign Wall Signs: 5 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 99,999 SF to
50,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
150 SF per wall sign Wall Signs: 4 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying 49,999 SF to
20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
100 SF per wall sign Wall Signs: 3 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
Businesses
Occupying < 20,000 SF
One wall sign per street
frontage, and/or at a public
entrance facing a parking
lot, not to exceed 2 signs per
tenant.
50 SF per wall sign Wall Signs: 2 FT for
alphanumeric characters
and graphic logos/icons.
Not to exceed 75% of the
elevation width upon which
the sign is located.
[b] Monument Signs
Industrial Park,
Center or Complex
Identification Sign
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
Single or MultipleTenant Building Identification
Signs—Not a Part of a Park,
Center or Complex
One sign per street frontage,
not to exceed 2 signs.
36 SF per sign face. 6 FT (3.5 FT for a sign installed
within the corner cut-off area
of intersecting streets).
F. SPECIAL USE ZONING DISTRICTS (excepting those "Specialty Signs" listed in Subsection F (Standards for Specialty Signs) of this Table) 2642
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Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations
1. Agriculture Residential Uses: Rely upon the sign standards for residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
Retail Commercial and Office Uses: Rely upon the sign standards for retail commercial and office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
Industrial Uses: Rely upon the sign standards for single-family residential land uses established by Subsection B (Residential Zoning Districts) of this Table.
2. Civic Rely upon the sign standards for office land uses established by Subsection C (Commercial Zoning Districts) of this Table.
3. Mobile Home Park One monument sign per
street frontage.
24 SF per sign face. 6 FT [1] Non-illuminated or
indirect illumination only.
[2] Signs shall not be located
within a required setback
area.
4. Ontario International
Airport
a. Temporary Signs
Real Estate Signs One freestanding or wall
sign per parcel.
24 SF per sign face. 7 FT [1] Only nonilluminated signs shall be allowed.
[2] Signs shall be removed
within 5 days following the
sale or lease of the last unit,
or final Building Department
inspection.
Window Signs
and Displays
Window signs Limited to 25% of the window
area.
[1] Window signs shall be
allowed only on windows
located on the ground floor
of a building frontage.
[2] Window signs shall be
painted or mounted only on
the inside of doors and
windows.
[3] Signs placed on the
interior of a building that are
located within 3 FT of a
storefront window and are
visible from the building
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-23 (Rev. 08.04.2026) Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations exterior shall be deemed a
window sign.
On-Site Signs and
Banners
One wall-mounted sign or
banner per business.
50 SF per sign face.
b. Permanent Signs
Wall Signs As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Monument Sign As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Wayfinding and
Directional Signs
As allowed by a Sign Program established pursuant to Subsection F (Sign Program) of Development Code Section 8.01.020 (Sign Standards).
Billboards Three LED signs and three
static message signs.
LED Signs: 675 SF per sign
face.
Static Signs: 250 SF per sign
face.
Total Sign Area: The
combined area of all
billboard signs shall not
exceed 2,500 SF.
LED Signs: 35 FT
Static Signs: 35 FT
LED Signs: 48 FT
Static Signs: 11 FT
All billboard signs shall be
located in close proximity to
the terminals and/or rental
car area of the airport.
5. Open Space—
Cemetery
As determined appropriate by the Planning Director.
6. Open Space—
Recreation
As determined appropriate by the Planning Director.
7. Rail Corridor As determined appropriate by the Planning Director.
8. Utilities Corridor As determined appropriate by the Planning Director.
G. STANDARDS FOR SPECIALTY SIGNS (Note: The below-listed standards are for the placement of permanent signs. Refer to the general zoning district standards contained in this table for the standards for temporary sign standards)
1. Fuel Sales (Service
Stations) Signs
a. Wall Signs One primary wall sign per
building elevation, not to
exceed 3 signs.
50 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Not to exceed 80% of the
elevation width upon which
the sign is located.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
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(Rev. 08.04.2026) Page 8.01-24 Ontario Development Code Table 8.01-1: Sign Regulation Matrix
Sign Classification Sign Type, Maximum
Number, and Location Maximum Sign Area Maximum Height Maximum Sign Length Special Regulations b. Fuel Island Canopy
Sign
One fuel island canopy sign
per elevation, not to exceed
2 signs.
16 SF per building elevation. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic logos/icons
may be installed in place of
alphanumeric characters.
4 FT graphic logos/icons in
place of alphanumeric
characters.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
c. Fuel Pump
Identification
One logo/icon identification
sign per fuel pump face, not
to exceed 2 signs per pump.
2.25 SF 1.5 FT graphic logo/icon
d. Monument Signs One monument fuel pricing
sign per street frontage.
[1] 25 SF per sign face.
[2] 50 SF per sign face, when
combined with business
identification signage.
7 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
2. Drive-Thru Restaurant
Signs
a. Wall Signs One wall sign per building
elevation, not to exceed 3
signs.
25 SF per sign face. [1] 2 FT alphanumeric
characters.
[2] 2.5 FT graphic icons/logos.
Comply with Subsection
8.01.020.D (Building Wall and
Fascia Signs) of this Division.
b. Menu Boards One pre-order board and
one order board per
business.
36 SF per sign face. 6 FT (freestanding)
c. Monument Signs One monument sign per
business.
50 SF per sign face. 6 FT Comply with Paragraph
8.01.020.C.1 (Monument
Signs) of this Division.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-25 (Rev. 02.17.2026) C. Freestanding Signs. The following requirements apply generally to the design and placement of freestanding signs, including monument signs and freeway signs, and the use of electronic message or text display:
1. Monument Signs. Any freestanding sign that identifies: [i] a residential subdivision; [ii] a multiple-family or mixed-use development project; [iii] an individual building on an individual lot containing one or more nonresidential uses; or [iv] a center or complex consisting of 2 or more buildings containing one or more nonresidential uses per building, shall be designed as a monument sign, which complies with the following:
a. Table 8.01-1 (Sign Regulation Matrix) of this Division establishes the number, location, area, height, and additional regulations applicable to monument signs. b. The minimum letter height shall be 8 inches.
c. Monument signs for centers/complexes shall be limited to the display of the name of the center/complex and the identification of a maximum of 7 tenants within the center/complex.
d. Monument signs shall have a maximum of 2 sign faces. e. Monument signs may be oriented toward arterial, collector and/or local streets, or private drives, and shall not be oriented toward freeways. f. No monument sign shall be located within a public right-of-way and must be wholly located behind the right-of-way line (street property line) for its full height. Furthermore, such signs shall be located a minimum of 10 FT behind the adjacent curb face (public and private streets).
g. A monument sign shall be located a minimum of 30 FT from a monument sign on an adjacent lot, and a minimum of 5 FT from an interior property line or driveway that intersects a public street.
h. Monument signs shall contain an address (or range of addresses) identifying the property on which the sign is located. Address numbers shall be a minimum of 6 inches in height and shall be clearly visible from the adjacent public street. The area of the address numerals shall not be calculated against the allowed sign area. i. Unless otherwise specifically prohibited by Table 8.01-1 (Sign Regulation Matrix) of this Division, a monument sign may be internally or externally illuminated, provided that the illumination is not harsh or overly bright. Signs shall consist of individual letters/characters affixed to an opaque, matte finished background. The sign background shall not be internally illuminated; only letters/characters shall be internally illuminated.
2. Freeway Signs. Freeway signs may be allowed on lots with property lines that are common with the right-of-way of Interstate 10, Interstate 15, or State Route 60 freeways, which have at least 600 linear FT of freeway frontage, and are subject to the following:
a. Table 8.01-1 (Sign Regulation Matrix), above, establishes the number, location, area, height, and additional regulations applicable to freeway signs. 2646
Division 8.01—Sign Regulations
(Rev. 02.17.2026) Page 8.01-26 Ontario Development Code b. The maximum vertical or horizontal dimension of any freeway sign display surface is 25 FT.
c. A freeway sign shall be placed a minimum of 600 FT from any other freeway sign on the same property or on an adjacent property and shall be placed no further than 40 FT from the freeway right-of-way.
d. Freeway signs shall consist of no more than 2 faces unless alternative configurations are approved by the Planning Commission. e. No tentative tract or parcel map, or lot merger shall be granted, which would result in the consolidation of multiple lots into a single lot with freeway signs in excess of the maximum number, location, area, and/or spacing of signs prescribed by this Section. f. A freeway sign shall be placed no closer than 10 FT to an interior property line, drive aisle, or private drive.
g. A digital freeway sign with electronic display shall be permitted on public and/or private property subject to City Manager review and approval of the following:
(1) Approval of the digital freeway sign shall be subject to the approval of a Digital Sign and Billboard Removal Agreement between the City and the property owner; (2) A minimum of 2 existing, legal nonconforming billboards shall be removed, both of which must be currently located within the City; (3) The area is developed with a legally established permitted land use; (4) The proposed sign would not create a traffic or safety problem with regard to on-site access, circulation, or visibility;
(5) The proposed sign would not interfere with on-site parking or landscaping required by City ordinance or permit;
(6) The property has at least 600 linear FT of freeway frontage; (7) The proposed sign will display both public and private information; (8) The overall design of the sign, including massing, proportion, and scale shall be subject to review and approval of a Sign Permit, and (9) For projects of regional significance as determined by the City Manager, the relocation of billboards may be waived and recommended for review by the City Manager to the City Council.
3. Electronic Message Center. An Electronic Message Center may be incorporated into a freeway sign for a public or private school; public facility or service; convention centers, arenas and other similar places of assembly; and auto malls and shall be subject to review and approval by the Planning Commission. An Electronic Message Center shall comply with the following requirements:
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-27 (Rev. 02.17.2026) a. The Electronic Message Center display shall not include any message or pictorial that is in motion or appears to be in motion; b. The Electronic Message Center display shall not change the intensity of illumination;
c. The Electronic Message Center display shall not change the message or pictorial more than once every 4 seconds;
d. No Electronic Message Center shall be placed within 1,000 FT of another Electronic Message Display located on the same side of the freeway; and e. An Electronic Message Center shall only advertise the business conducted, services rendered, or goods produced or sold upon the property on which the display is placed.
4. Electronic Text Display. An Electronic Text Display may be incorporated into a monument sign to facilitate a fuel pricing sign required pursuant to BPC Sections 13530 through 13540, or for the purpose of providing messages and information related to public or private schools, government facilities, facilities for religious assembly, theaters, convention centers, arenas, and other similar places of assembly. An Electronic Text Display shall comply with the following requirements:
a. An Electronic Text Display shall not include any pictorial display; b. An Electronic Text Display shall not change the intensity of illumination; c. An Electronic Text Display shall not change the message more than once every 4 seconds;
d. No Electronic Text Display shall be placed within 600 feet of another Electronic Text Display located on the same side of the street, excepting fuel pricing signs provided pursuant to BPC Sections 13530 through 13540; and
e. An Electronic Text Display shall only advertise the business name, and events and services conducted on the property upon which the Electronic Text Display is installed.
D. Building Wall and Fascia Signs.
1. Wall and/or fascia signs shall consist of individual channel letters placed flat against the exterior wall or parapet of a building, or suspended from the building eaves or overhang, or from the ceiling of a covered walkway, and having an overall depth of no more than 12 inches.
A suspended sign shall have a clear space of at least 8 FT between the bottom of the sign and the surface of any walkway that may pass under the sign.
2. Acceptable wall and/or fascia sign designs include one or more of the following elements:
a. Halo lit channel letters;
b. Standard channel letters;
c. Front and halo lit channel letters;
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Division 8.01—Sign Regulations
(Rev. 02.17.2026) Page 8.01-28 Ontario Development Code d. Pin mounted sandblasted, textured, and/or burnished metal-leaf faced letters;
e. Signs mounted to hard canopies, eyebrows, or other projecting architectural elements, such as screens, grids or mesh, or etched, polished, patina or abraded materials; and/or
f. Mixed media signs (utilizing the designs described in Subparagraphs D.1.2.a through e, above), incorporating imagery and icons/logos. Although simple rectangular cabinet signs are generally not allowed, mixed media signs may be composed of several elements, one of which may be a sculptured cabinet; however, the cabinet sign shall not exceed 25 percent of the total sign area of each sign.
3. Wall and/or fascia signs may be located on an exterior building elevation that:
[i] fronts/faces a public street, or [ii] faces an interior side or rear of a site, and contains a public entrance, pursuant to the standards prescribed by Table 8.01-1 (Sign Regulation Matrix), of this Section.
4. The characters that comprise a sign shall not occupy more than 75 percent of the length of the building wall or fascia upon which it is placed.
5. Electrical raceways and conduits shall be placed so that they are not within public view. Where this is physically impractical or doing so would damage significant architectural features or materials, the Zoning Administrator may grant a waiver from this requirement, provided all conduits, raceways, and similar devices are kept as small as possible and are painted the same colors as adjacent wall surfaces.
6. Electrical raceways shall not extend beyond the outside edges of the sign copy and shall be painted to match the color of the background on which they are placed.
7. Signs shall be placed flat against the wall and shall not project from the wall more than required for normal construction purposes and in no case more than 12 inches. The Zoning Administrator may modify this requirement in special circumstances where a projection greater than 12 inches may be desirable to allow the creation of an especially creative and unique sign design.
8. Signs shall not be placed to obstruct any portion of a window or cover architectural elements, such as cornices, transom windows, vertical piers and columns, and similar elements.
E. Address Signs Required. The City finds that it is in the interest of public safety that all street addresses be clearly visible. Unless otherwise authorized in writing by the Police and Fire Departments, all permanent structures within the City shall display street address numerals of a size, color, and location, which are clearly visible from a public right-of-way. Address signs shall not count toward the maximum sign area allowed by this Division.
F. Sign Programs.
1. A Sign Program may be allowed pursuant to Section 4.02.075 (Sign Programs) of this Development Code, for the purpose of:
a. Providing coordinated signing within a development project; 2649
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-29 (Rev. 02.17.2026) b. Utilizing common design elements; and
c. Integrating the design of signs with the context of the building and landscape design, to form a unified architectural statement.
2. A Sign Program may allow certain deviations from the standards prescribed by Table 8.01-1 (Sign Regulation Matrix) of this Division, limited to: [i] a 30 percent increase in maximum sign area, [ii] an increase in the maximum number of signs allowed, [iii] the use of decorative exposed neon, and [vi] any other modifications deemed appropriate for the building(s) and site context, as determined by the Planning Director. In approving such deviation(s), the following findings must be clearly established:
a. The Sign Program’s contribution to the overall design quality of the site and the surrounding area will be superior to the quality that would otherwise result under regulations normally applicable to the site;
b. The proposed signs are compatible with the style or character of existing improvements on the site and are well-related to each other; c. Approval of the Sign Program will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity; and d. Any deviations from the standards prescribed by Table 8.01-1 (Sign Regulation Matrix) of this Development Code are fully consistent with the purposes of this Development Code and any applicable specific plan or planned unit development.
3. A Sign Program may allow the use of complex-shaped (i.e., Polyhedron) sculptured cabinets if dimensional elements are also incorporated, such as burnished metal-leaf faced letters that are pin mounted from the cabinet face, or decorative exposed neon.
G. Street Banners and Street Banner Programs.
1. Street Banners.
a. No street banner, flag, pennant, or street decoration shall be placed or installed over and/or above any street or other public thoroughfare, without first obtaining City Manager approval, and the issuance of an encroachment permit by the City Engineer. b. No person, either as principal, agent, or otherwise, shall hang or suspend any street banner above any street or other public thoroughfare, or cause the same be done, unless a Street Banner Program has approved pursuant to the requirements of Paragraph G.2 (Street Banner Programs) of this Section.
c. A street banner, flag, pennant, or street decoration shall be safely suspended not less than 17 FT above a public street, upon approval of the City Engineer and Building Official.
d. A street banner, flag, pennant, or street decoration shall not contain the name or designation of any individual, firm, or corporation as an advertisement for private gain. 2650
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(Rev. 02.17.2026) Page 8.01-30 Ontario Development Code e. A street banner, flag, pennant, or street decoration shall not remain in place longer than 30 days from the date permission is granted by the City Manager pursuant to Subparagraph G.1.a of this Section.
f. The Building Official shall, upon receipt of the required application, issue a permit for the erection and maintenance of a street banner, flag, pennant, or street decoration, according to [i] the terms of the City Manager's approval, [ii] the encroachment permit issued by the City Engineer, and [iii] the Street Banner Program described in Paragraph G.2 (Street Banner Programs), below (if required).
2. Street Banner Programs. A Street Banner Program shall be subject to review and approval by the Zoning Administrator, and must adhere to the following guidelines:
a. Application. The street banner program application shall contain the following minimum information:
(1) Street Banner Design—A fully dimensioned plan that clearly depicts the street banner design, materials, colors, and letter style; (2) Street Banner Elevations—A fully dimensioned elevation drawing(s) depicting streetlight poles with each proposed banner type attached; (3) Street Banner Location—A site plan drawn to scale, which depicts the specific location of each proposed street banner and the affected streetlight poles; and (4) Equipment—All hardware and bracketry necessary for mounting the proposed street banner(s) to the affected streetlight poles, which shall meet or exceed City specifications.
b. Private Business Recognition. Private sponsorship of street banners shall only be permitted in association with an approved street banner program, with identification of the sponsor regulated as follows:
(1) Placement—The street banner sponsor may be identified on each street banner by lettering no greater than 6 inches in height, which runs the width of the banner, and covering no more than 10 percent of the banner area; (2) Font—A uniform font type, style, size, and color shall be used for banner sponsor names within a given banner program; and (3) Graphics—There shall be no private logos or trademark graphics allowed.
c. Maintenance. At a minimum, street banners shall be removed for cleaning annually, and shall be removed for repair or replacement when worn, torn, or faded. The City may require that street banners be alternated seasonally (3 to 4 times per year). Furthermore, Street banners shall be removed for repair or replacement when worn, torn, or faded.
H. Awnings and Canopies, and Outside Umbrellas.
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Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-31 (Rev. 02.17.2026)
1. As a design feature of any building, structure, or business establishment, all awnings and canopies, and outside umbrellas, shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed, erected, or installed.
2. Awnings and canopies that contain advertising shall be counted toward the total allowable signing for the business that it serves.
3. Umbrellas shall not contain advertising.
4. The use of backlit awnings and/or canopies shall be prohibited.
I. Accent Lighting.
1. As a design feature of any building, structure, or business establishment, all accent lighting shall be reviewed in the same manner as a sign, ensuring enhancement of the building or structure in which it is placed or installed. Accent lighting should be limited to confined areas, such as building entries, architectural features, or used to reinforce specific architectural elements, such as tower and cornice elements.
2. Accent lighting elements and luminaires placed directly on a building façade shall be shielded. Lighting elements and luminaires placed directly on a building façade so as to be directly exposed to public view, is prohibited.
J. Construction, Installation and Maintenance.
1. Construction. The construction and installation of signs shall be enforced and administered by the Building Official. All signs and advertising structures shall be designed and constructed to withstand wind loads, dead loads, and lateral forces as required by the City's Building Code and the provisions of this Division.
2. Identification. Every sign or other advertising structure hereafter erected in the City shall have an identifying number, name of erector, installation year and, if illuminated, the voltage plainly placed on the exterior surface of the sign body, in a location where the information is readily visible after erection and installation.
3. Illumination.
a. General Requirements.
(1) Signs with electrical components shall be constructed, inspected, and approved by the Underwriters Laboratory (UL), or equal, and a label of approval from the laboratory shall be affixed to the sign in plain view.
(2) Awnings with back-lighting are prohibited.
(3) Light sources (luminaires) used for externally illuminated signs shall not be visible within 100 FT of any residential zoning district. Internally illuminated signs visible from any residential zoning district shall not be illuminated between the hours of 11:00PM and 6:00AM, unless they identify an establishment open for business during those hours. 2652
Division 8.01—Sign Regulations
(Rev. 02.17.2026) Page 8.01-32 Ontario Development Code (4) Signs shall not have exposed fluorescent tubes or incandescent bulbs exceeding 15 watts, and the brightness of luminous or backlit signs shall not exceed 250 footlamberts (fl).
b. Internally Illuminated Signs. The illumination level of a sign shall be reduced if it is determined to be excessive as a result of City evaluation. Illumination shall be considered excessive if the illumination level:
(1) Is substantially greater than the illumination level of other nearby signs;
(2) Interferes with the visibility of other signs, or with the perception of objects or buildings in the vicinity of the sign;
(3) Directs glare toward streets or motorists;
(4) Adversely impacts nearby residents or residential neighborhoods; and/or
(5) Reduces the nighttime readability of the sign.
c. Externally Illuminated Signs. The light source for externally illuminated signs shall be arranged and shielded to substantially confine all direct light rays to the sign face, and away from streets and adjacent properties.
4. Maintenance. All signs, together with their supports and appurtenances, shall be kept neatly painted and posted. The Zoning Administrator, Building Official, or Code Enforcement Director may order the removal of any sign that is not maintained in accordance with the provisions of this Division.
K. Political Signs.
1. Purpose.
a. The purpose of these political sign regulations is to identify the compatibility between the utilization of political signs, the protection of the right to privacy of individuals, and the quiet and undisturbed enjoyment of property.
b. It is recognized that there have been abuses in the placement of political signs within the City, including: [i] trespassing upon private property; [ii] placement of political signs without permission from the property owner; [iii] placement of political signs in such a fashion as to make it difficult to remove them; [iv] littering caused by dislodged political signs; [v] sight distance hazards to traffic due to sign size and location; [vi] distracting appearance; [vii] aesthetically displeasing impact; [viii] unnecessary proliferation; and [ix] other reasons, all of which are determined to be contrary to the best interests of the community, and in opposition to the public health, safety and welfare.
c. The reasonable regulation of political signs will obviate many of the objections that have been raised to the unregulated placement of such signs. 2653
Division 8.01—Sign Regulations
Ontario Development Code Page 8.01-33 (Rev. 02.17.2026) d. It is recognized that to the extent that placement of political signs is not contrary to the purposes stated herein, it is in the best interests of the City and its inhabitants to allow political expression, and, for that reason, it is but to avoid the total prohibition of such signs. e. It is believed that responsibility for the placement of political signs should lie with the candidate for public office, the proponents and opponents of ballot measures, and the various political committees connected therewith. It is recognized that political signs are printed by, or at the direction of, those listed herein, and that the ultimate responsibility for the distribution of such signs and their placement lies with them.
2. Definition. The term "political sign," as used herein, means any election or nonelection sign, advertising structure, or display, which communicate any message or idea identifying, supporting, opposing, promoting, or conveying a position upon, or relating to, any political cause or issue, or candidate for public office, or proposition or issue connected with any local, special, state, or national election.
3. Political Sign Registration. Pursuant to BPC Section 5405.3, any candidate (or their designee) or the proponents of a ballot measure who seek to utilize political signs, shall first file a Statement of Responsibility with the Code Enforcement Department, on a City registration form.
The registrant shall be responsible for removing the temporary political sign and may be required to reimburse the City for any cost incurred for temporary political sign removal.
4. Permitted Signs. Political signs, as herein defined, shall be permitted within any zoning district subject to compliance with all of the rules and regulations set forth in Paragraph K.5 (Regulations) herein.
5. Regulations.
a. No provision in this Development Code shall be so construed as to prohibit the placing of temporary political signs.
b. No political sign shall be installed or displayed sooner than 45 days preceding the election for which the sign is intended.
c. No political sign shall exceed 16 SF in total area, except that a doublefaced sign, not exceeding 16 SF on each side, shall be permitted. d. No political sign shall exceed an overall height of 8 FT, except if such sign shall be within an enclosed building or structure.
e. No candidate for public office, proponent or opponent of ballot measures, and/or any political committees connected therewith, shall post more than one political sign per lot or parcel.
f. No political sign shall be lighted either directly or indirectly. g. No political sign shall be placed on private property, vacant or otherwise, without the permission of the owner of the property.
h. No political sign shall be placed or affixed to a tree, fence, post, utility pole, or any structure, by glue, nails, or screws.
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(Rev. 02.17.2026) Page 8.01-34 Ontario Development Code i. No political sign shall be posted on any public property or in the public rightof-way. j. No political sign shall be placed within the right-of-way of any highway, or with 660 FT of the edge of, and visible from, the right-of-way of a landscaped freeway. k. No political signs shall be posted in violation of any other provisions of this Development Code.
l. All political signs shall be removed within 10 days following the date of the election for which the sign was intended.
6. Removal of Illegally Placed Political Signs. The Building Official or Community Improvement Manager may cause the removal of any sign placed contrary to any provision of the Political Sign provisions contained herein (commencing with Subsection K (Political Signs) of this Section).
8.01.025: Design Guidelines
A. Introduction.
1. The following design guidelines are intended as a reference to assist the designer in understanding the city's goals and objectives for high quality sign design, construction, and placement throughout the city. These guidelines are intended to complement the mandatory standards contained in Section 8.01.020 (Sign Standards) of this Division, by providing good examples of potential design solutions and by providing design interpretations of the various mandatory requirements.
2. The design guidelines are general and may be interpreted with some flexibility in their application to specific projects. The guidelines will be utilized during the city's review of a sign program or sign plan to encourage the highest level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of the designer. Nonetheless, unless there is a compelling reason, these design guidelines shall be observed.
B. General Guidelines.
1. Use a Brief Message. The fewer words used, the more effective the sign. A sign with a brief message is quicker and easier to read, looks cleaner and is more attractive. A sign should only include the name and/or nature of the business, and in addition to the name, may contain a maximum of three words describing the business or service provided.
2. Avoid Overly Intricate Fonts. Signs utilizing very intricate font styles are generally difficult to read and reduce a sign's ability to communicate effectively.
3. Avoid Faddish and Peculiar Fonts. Signs utilizing faddish or peculiar fonts may look good today, but soon go out of style. The image conveyed may quickly become that of a dated and unfashionable business.
4. Sign Colors and Materials. The colors and materials of a sign should be selected so that they contribute to sign legibility and design integrity. Even the most carefully thought out sign 2655
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Ontario Development Code Page 8.01-35 (Rev. 02.17.2026) may be unattractive and a poor communicator because of poor color selection. Dayglow, fluorescent, and overly bright or loud colors should not be used.
5. Provide Contrast Between Background and Letters/Symbols. Use significant contrast between the sign's letter/symbol color and its background color. If there is little contrast in the hue (shade or tint) and intensity (brightness) between the background and letter/symbol colors, it will be difficult to read.
6. Avoid Too Many Different Colors. The use of too many different colors will overwhelm the basic function of communication. The colors compete with sign content for the viewer's attention. The limited use of accent colors can increase legibility, while large areas of competing colors tend to confuse and annoy.
7. Sign Placement. Generally, building wall and fascia signs should be located within the middle 75 percent of the building frontage, measured from tenant line to tenant line for multiple tenant buildings, and measured across the full width of the building elevation for single tenant buildings. The Zoning Administrator shall have the authority to modify this requirement where it can be shown that:
a. The directed placement would severely limit proper sign placement; or b. The directed placement would be contrary to the sign placement approved by a Development Plan.
8. Proportion, Scale and Rhythm of Sign Placement. Signs should be placed consistent with the proportions and scale of building elements within a building's facade:
a. A particular sign may fit well on a large, plain wall area, but would overpower the finer scale and proportion of the lower storefront. b. Signs can be used to establish facade rhythm, scale, and proportion where such elements are weak in the building design. On buildings having a monolithic or plain facade, signs can be used to establish or continue appropriate design rhythm, proportion, and scale. c. The proportion of letter area to sign background area should be carefully considered. If the letters take up too much of the background area, they may be harder to read — large letters are not necessarily more legible than smaller ones. d. Generally, the characters that comprise a sign should not occupy more than 70 percent of the area of a sign's background.
9. Pedestrian Signs. Signs oriented to pedestrians should be smaller in scale. The pedestrian -oriented sign is usually read from a distance of 15 to 20 feet, whereas the vehicleoriented sign is designed to be viewed from a much greater distance. The closer the sign's viewing distance, the smaller the sign needs to be.
10. Freestanding Signs. Freestanding signs should incorporate the materials and architectural features used in the building(s) they serve.
C. Building Wall and Fascia Signs.
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(Rev. 02.17.2026) Page 8.01-36 Ontario Development Code
1. Building wall and fascia signs should be compatible with the predominant visual elements of the building. Commercial centers and offices, industrial parks, business parks, and other similar facilities, are required to be part of a sign program in accordance with the provisions of Section 4.02.080 (Sign Programs) of this Development Code.
2. Where there is more than one sign for a business (e.g., single tenant buildings) or group of businesses (e.g., multiple tenant buildings, commercial centers, or business or industrial parks), all signs should be complementary to one another in the following ways:
a. Type of construction materials (sign copy, supports, etc.); b. Letter size and style of copy;
c. Method and design of sign support (wall mounting or monument base); d. Configuration of sign area; and
e. Proportion of sign copy area to background.
3. Lighted signs, whether internally or externally illuminated, are permitted; provided, they are not harsh or overly bright. Can-type box signs with translucent backlit panels should not be used.
4. Signs with backlit or internally illuminated individual channel letters are strongly encouraged.
D. Freestanding Signs.
1. Freestanding signs are intended to provide identification for single-tenant buildings, multiple-tenant buildings, commercial offices and centers, and business and industrial parks. Signs for single-tenant buildings should include the street address of the business.
2. Signs for multiple-tenant buildings, commercial offices and centers, and business and industrial parks should display the range of business addresses for that development. The business address shall not be included in the sign area calculation.
3. Lighted signs, whether internally or externally illuminated, are permitted, provided they are not harsh or overly bright. Signs should consist of individual affixed to an opaque, matte finished background. The use of backlit (halo lighting) letters is strongly encouraged.
4. Freestanding signs should be placed perpendicular to approaching vehicular traffic.
5. Freestanding signs should be placed in landscaped planters of sufficient area, shape and design that will provide a compatible setting and ground definition to the signs.
6. Monument signs should be provided with a base, which measures from 12 to 18 inches in height, to accommodate the growth of landscaping around the sign base, without interrupting view of the sign face.
2657
Department: Economic Development
Prepared By: Charity Hernandez
Department:
Prepared By: Charity Hernandez
Staff Member Presenting: Jennifer McLain
Hiramoto, Economic Development Director
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 27
SUBJECT: A PUBLIC HEARING TO CONSIDER ADOPTING A RESOLUTION OF NECESSITY FOR
THE ACQUISITION BY EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 434 NORTH EUCLID AVENUE
CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:
PUBLIC HEARINGS
RECOMMENDATION: That the City Council conduct a public hearing and adopt A Resolution of Necessity declaring that the acquisition by eminent domain of a fee simple interest in certain real property located at 434 North Euclid Avenue, more particularly described as Assessor's Parcel No. 1048-363-01 (the Property), is necessary for the Downtown Public Parking Project (the Project).
THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:
Invest in the Growth and Evolution of the City's Economy Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
FISCAL IMPACT: If a Resolution of Necessity is adopted, the deposit necessary to apply in court for prejudgment possession of the Property is approximately $2,100,000. If approved, additional appropriations will be presented to City Council in a future Fiscal Year 2026-27 Budget Update for approval.
BACKGROUND & ANALYSIS: The Property consists of one parcel located at 434 North Euclid Avenue, as shown on Exhibit 1, for the City of Ontario’s Downtown Public Parking Project. The City seeks to acquire a full fee interest in the parcel referenced above.
The City obtained an appraisal of the real estate from Benjamin Balos, MAI, of R.P. Laurain and Associates and made an offer of just compensation to the property owner for the acquisition pursuant to California Government Code section 7267.2. Following standard public records and due diligence searches for ownership information, a notice of the Resolution of Necessity hearing was mailed to the Property owner on July 1, 2026 by regular U.S. Mail.
The power of eminent domain is used by the City only as a last resort to obtain interests necessary for projects after 1) negotiations have stalled; or 2) the owner has requested that the City proceed 2658
directly to eminent domain for tax or other advantages; or 3) the eminent domain process is necessary to clear title to the property. In this case, an offer of just compensation was made to the owner for the full Fair Market Value, as determined by an independent appraisal. City Staff attempted to acquire the property voluntarily and in good faith, and will continue to do so throughout the process.
DESCRIPTION OF PROPERTY TO BE ACQUIRED: The Property affected by the proposed acquisition is located within the City of Ontario, at 434 North Euclid Avenue, Ontario, California 91764.
HEARINGS AND REQUIRED FINDINGS: The recommended actions of the City Council pertain to the acquisition of property owned by Faisal Afsari and Nusrat Afsari.
California eminent domain law provides that a public entity may not commence an eminent domain proceeding until its governing body has adopted a Resolution of Necessity, which resolution may only be adopted after the governing body has given each party with an interest in the affected property or their representatives a reasonable opportunity to appear and be heard on the following matters:
1. The public interest and necessity require the proposed project.
2. The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury.
3. The real property to be acquired is necessary for the project.
4. The offer of just compensation has been made to the property owner.
The notice of hearing was mailed on July 1, 2026 by first class mail to the property owner in accordance with Section 1245.235 of the California Code of Civil Procedure.
The above four required findings are addressed as follows:
The Public Interest and Necessity Require the Proposed Project The City's robust redevelopment activities have gained momentum over the last few years with the adaptive reuse of the former Bank of Italy building at 200 North Euclid into a multi-tenant restaurant building and the development of 144 multi-family residential units and 6,000 square feet of ground floor retail at Euclid Avenue and C Street being completed. There is also a new residential project under construction at 206 West D Street which includes 69 multi-family residential units. The next significant project is slated to break ground on the northeast corner of Euclid Avenue and D Street in 2026. This project, if approved, will displace over 200 surface public parking spaces in Downtown which will negatively impact local businesses, the University of La Verne, City Hall and other uses in the Civic Center area.
The Project is Planned or Located in a Manner That Will be Most Compatible With the Greatest Public Good and the Least Private Injury
The proposed Project involves the demolition and removal of the improvements on the Property and the creation of a public parking lot. This Project will indirectly support the creation of additional residential and retail in the Downtown as well as the Civic Center expansion. This Project will assist by providing additional access to parking for members the public. This Project supports the City Council’s goals and objectives. The Property to be acquired is best suited for the Project 2659
and will cause the least private injury. To locate this Project elsewhere would require significant land use policy changes, cause a greater impact to local property owners, and would effectively be cost prohibitive.
The Real Property to be Acquired is Necessary for the Proposed Project The Property affected by the proposed acquisition is located within the City of Ontario, at 434 North Euclid Avenue, Ontario, CA 91764, Assessor's Parcel No. 1048-363-01 (owned by Faisal Afsari and Nusrat Afsari). For the reasons stated above, the Property is necessary for the Project.
The Offer of Just Compensation Has Been Made
An appraisal was prepared by Benjamin Balos, MAI, of R.P. Laurain and Associates, to establish the Fair Market Value of the fee interest the City is seeking to acquire. An offer of just compensation was made to the record owner to purchase the fee interest in the Property to be acquired, as established by the approved appraisal and as required by Section 7267.2 of the California Government Code. Although a negotiated settlement may still be possible for the fee interest cited above, it would be appropriate to commence the procedures to acquire the fee interest through eminent domain.
ENVIRONMENTAL ANALYSIS:
The Project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32, In-Fill Development Projects) of the CEQA Guidelines, meets all of the following conditions and none of the exceptions in CEQA Section 15300.2 apply:
a. The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Mixed-Use land use district of the Policy Plan Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable general plan policies, as well as with the MU-1 zoning designation and applicable Development Code regulations.
b. The proposed Project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a site totaling 0.12 acres of land, which is surrounded by an existing public parking lot.
c. The Project site has no value as habitat for endangered, rare, or threatened species. The Project site and surrounding areas are currently developed and/or improved with an existing parking lot and a commercial service station. The Project site and surrounding area are improved and/or disturbed in a manner that eliminates any value as habitat for endangered, rare, or threatened species.
d. Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed public parking project lot similar to, and of no greater impact than other allowed uses and development projects within the MU-1 zoning district. 2660
e. The site can be adequately served by all required utilities and public services. All necessary wet and dry utilities are available for the Project site.
The Categorical Exemption Memorandum dated July 9, 2026, prepared by the City’s consultants at T&B Planning, is incorporated by reference, is available for public review, and should be considered part of the administrative record for this hearing on the proposed Resolution of Necessity. 2661
EXHIBIT “1”
434 NORTH EUCLID AVENUE
EUCLID AVE
D STREET
2662
`
Resolution No.2026 ______ Page 1 of 4
RESOLUTION NO. 2026-___
RESOLUTION OF NECESSITY OF THE CITY OF ONTARIO,
PURSUANT TO CATEGORICAL EXEMPTION FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT, FOR THE ACQUISITION BY
EMINENT DOMAIN OF A FEE SIMPLE INTEREST IN CERTAIN REAL PROPERTY LOCATED AT 434 NORTH EUCLID AVENUE IN THE CITY
OF ONTARIO, COUNTY OF SAN BERNARDINO, CALIFORNIA AND
MORE PARTICULARLY DESCRIBED AS ASSESSOR PARCEL NO.
1048-363-01, FOR THE ONTARIO DOWNTOWN PUBLIC PARKING
PROJECT, IN ONTARIO, CALIFORNIA
WHEREAS, the City of Ontario (the "City") proposes to acquire, by eminent domain, a fee simple interest in certain real property located at 434 North Euclid Avenue, in the City of Ontario, County of San Bernardino, California, more particularly described as Assessor Parcel No. 1048-363-01, for the Ontario Downtown Public Parking Project (“Project”), in accordance with the authority granted to it by Section 37350.5 of the California Government Code; and
WHEREAS, pursuant to Section 1245.235 of the California Code of Civil Procedure, the City scheduled a public hearing for Tuesday, July 21, 2026, at 6:30 p.m., at the Ontario City Hall, Council Chambers, 303 East “B” Street, Ontario, California, and gave to each person whose property is to be acquired and whose name and address appears on the last equalized county assessment roll, notice and a reasonable opportunity to appear at said hearing and be heard on the matters referred to in Section 1240.030 of the California Code of Civil Procedure; and WHEREAS, said hearing has been held by the City and each person whose property is to be acquired by eminent domain was afforded an opportunity to be heard on said matters; and
WHEREAS, the City may now adopt a Resolution of Necessity pursuant to Section 1240.040 of the California Code of Civil Procedure.
NOW, THEREFORE, THE CITY COUNCIL DOES HEREBY RESOLVE AND DECLARE AS FOLLOWS:
SECTION 1. Compliance with California Code of Civil Procedure and California Environmental Quality Act. There has been compliance by the City with the requirements of Section 1245.235 of the California Code of Civil Procedure and the California Environmental Quality Act (CEQA). The project is categorically exempt from the requirements of CEQA pursuant to CEQA Section 15332 (Class 32, In-Fill Development Projects) of the CEQA Guidelines, meets all of the criteria outlined under CEQA Section 15332 described below, and none of the exceptions in CEQA Section 15300.2 apply:
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`
Resolution No.2026 ______ Page 2 of 4
(a) The Project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed Project is located within the Mixed-Use land use district of the Policy Plan Land Use Map, and the MU-1 (Downtown Mixed Use) zoning district. The proposed Project is consistent with all applicable general plan policies, as well as with the MU-1 zoning designation and applicable Development Code regulations.
(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The Project is proposed within the established boundaries of the City of Ontario, on a site totaling 0.12 acres of land, which is surrounded by an existing public parking lot. (c) The Project site has no value as habitat for endangered, rare, or threatened species. Project site and surrounding areas are currently developed and/or improved with an existing parking lot and a commercial service station. The project site and surrounding area are improved and/or disturbed in a manner that eliminates any value as habitat for endangered, rare, or threatened species. (d) Approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed public parking project is similar to, and of no greater impact than other allowed uses and development projects within the MU-1 zoning district.
(e) The site can be adequately served by all required utilities and public services. All necessary wet and dry utilities are available for the Project site.
SECTION 2. Public Use. The public use of the real property interest to be acquired is to provide ample access and parking for employees and the public as part of the Ontario Downtown Public Parking Project, located in the City of Ontario, San Bernardino County, California. Section 37350.5 of the California Government Code authorizes the City to acquire by eminent domain real property necessary for such purposes.
SECTION 3. Description of Property. Attached hereto as Exhibit A is the legal definition, legal description and map of the real property to be acquired by the City, which describes the general location and extent of the property to be acquired with sufficient detail for reasonable identification.
SECTION 4. Findings. The City hereby finds and determines each of the following:
(a) The public interest and necessity require the proposed project; (b) The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; (c) The fee simple interest described in Exhibit A is necessary for the proposed project;
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Resolution No.2026 ______ Page 3 of 4
(d) The offer required by Section 7267.2 of the California Government Code was made.
SECTION 5. Use Not Unreasonably Interfering with Existing Public Use:
Some or all of the real property to be acquired may be subject to easements and rightsof-way appropriated to existing public uses. The legal descriptions of these easements and rights-of-way are on file with the City and describe the general location and extent of the easements and rights-of-way with sufficient detail for reasonable identification. In the event the herein described use or uses will not unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, counsel for the City is authorized to acquire the fee interest subject to such existing public use(s) pursuant to Section 1240.510 of the California Code of Civil Procedure.
SECTION 6. More Necessary Public Use. Some or all of the real property to be acquired may be subject to easements and rights-of-way appropriated to existing public uses. To the extent that the herein described use or uses will unreasonably interfere with or impair the continuance of the public use as it now exists or may reasonably be expected to exist in the future, the City finds and determines that the herein described use or uses are more necessary than said existing public use.
Counsel for the City is authorized to acquire the real property appropriated to such existing public use(s) pursuant to Section 1240.610 of the California Code of Civil Procedure. Staff is further authorized to make such improvements to the real property being acquired that it determines is reasonably necessary to mitigate any adverse impact upon the existing public use.
SECTION 7. Further Activities. Counsel for the City is hereby authorized to file legal proceedings necessary to acquire the hereinabove described real property in the name of and on behalf of the City by eminent domain, and counsel is authorized to institute and prosecute such legal proceedings as may be required in connection therewith. Legal counsel is further authorized to take such steps as may be authorized and required by law, and to make such security deposits as may be required by order of court, to permit the City to take possession of and use said real property at the earliest possible time.
SECTION 8. Notice of Exemption. Upon adoption of the Resolution, staff shall file a Notice of Exemption with the County Clerk and the State Office of Land Use and Climate Innovation.
SECOTN 9. 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 21st day of July, 2026. 2665
`
Resolution No.2026 ______ Page 4 of 4
_____________________________________
PAUL S. LEON, MAYOR
ATTEST:
________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO LEGAL FORM:
_______________________________
BEST, BEST & KRIEGER LLP
CITY ATTORNEY
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Resolution No.2026 ______ Page 5 of 4
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. 2026-_____ was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026-_____ duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
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EXHIBIT A
2668
“Fee,” also known as fee simple or fee simple absolute, grants to the City of Ontario absolute ownership in the property to be acquired.
LEGAL DEFINITION
City of Ontario
Ontario Downtown Public Parking Project
As to Assessor Parcel Number 1048-363-01
2669
EXHIBIT A
Legal Description
For APN/Parcel ID(s): 1048-363-01-0000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE WEST 78 FEET OF LOTS 4 AND 5, BLOCK 20, TOWN OF ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND THAT PORTION OF LOT 6, BLOCK 20 OF SAID TOWN OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, BLOCK 20 AND RUNNING EASTERLY AS DISTANCE OF 30 FEET ALONG THE NORTHERLY BOUNDARY LINE OF LOT 6 OF SAID BLOCK; THENCE SOUTHWESTERLY TO A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 6, BLOCK 20, WHICH IS 20 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 6, BLOCK 20; THENCE NORTHERLY, A DISTANCE OF 20 FEET ALONG THE WEST BOUNDARY OF SAID LOT 6 TO THE POINT OF BEGINNING.
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46700.20154\43129515.1
NOTICE OF HEARING TO PROPERTY OWNER
Pursuant to Section 1245.235 of the California Code of Civil Procedure, you are hereby notified that at a regular meeting to be held on Tuesday, July 21, 2026 at 6:30 p.m., at Ontario City Hall, City Council Chambers, 303 East B Street, Ontario, California, the City Council of the City of Ontario intends to consider adopting a Resolution of Necessity authorizing the commencement of eminent domain proceedings for the acquisition, for public use, of a fee simple interest in certain real property which, according to the last equalized county assessment roll, you own. The public use for which this Resolution of Necessity will be considered is for the City of Ontario’s Downtown Public Parking Project, in the City of Ontario, San Bernardino County, California. The description of the property to be acquired is attached as Exhibit A to this notice.
A hearing will be held at the time and place mentioned above. You have the right to appear and be heard on the following matters:
1. Whether the public interest and necessity require the project for which the property is sought to be acquired.
2. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and least private injury.
3. Whether the property is necessary for the proposed project.
4. Whether the offer required by Section 7267.2 of the California Government Code has been made.
Members of the public may utilize alternative measures established by the City of Ontario to view the City council meetings and/or to address the Mayor and City Council Members. 2672
46700.20154\43129515.1
The meeting will be live broadcast on local cable Channel 3 as well as internet live streamed:: www.ontarioca.gov/Agendas/CityCouncil.
TO PROVIDE PUBLIC COMMENT:
In Person: To address the City Council in person, please arrive early to fill out a blue comment card. Comment cards must be turned in prior to public comment beginning or before an agenda item is taken up. The Clerk will not accept comment cards after that time.
Online: You may submit your comments online by filling out a Public Comment Form no later than 4 PM on the day of the meeting. You may also submit your comments by email no later than 4 PM on the day of the meeting by emailing your name, agenda item you are commenting on and your comments to [email protected]. All comments received by the deadline will be forwarded to the City Council for consideration before action is taken on the matter.
Mail: To submit your comments by mail, provide your name, agenda item you are commenting on, and your comments by mailing to Records Management, Ontario City Hall, 303 East “B” Street, Ontario, CA 91764. Comments by mail must be received in the Records Management Department no later than 4:00 p.m. on the day of the meeting. Postmarks are not accepted. All comments received by the deadline will be provided to the City Council for consideration before action is taken on the matter.
This is a public meeting, and the City reserves the right to revert it to an in-person meeting. 2673
46700.20154\43129515.1
Please be advised, your failure to file a written request to appear and be heard within 15 days after the mailing of this notice may result in the waiver of your right to appear and be heard.
ALL COMMUNICATIONS SHOULD BE ADDRESSED TO:
Sheila Mautz
City Clerk
City of Ontario
303 East B Street
Ontario, California 91764
DATE OF HEARING: Tuesday, July 21, 2026
6:30 p.m.
PLACE OF HEARING: City Council Chambers
Ontario City Hall
City of Ontario
303 East B Street
Ontario, California 91764
DATED: July 3, 2026 BEST BEST & KRIEGER LLP
By: ______________________________________
Mark A. Easter
Attorney for City of Ontario
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46700.20154\43129515.1
PROOF OF MAILING NOTICE
I, Mandy Villareal, acting on behalf of the City of Ontario, hereby certify that on July 3, 2026, I mailed a copy of the attached notice by first-class mail to the following owners of real property located in the County of San Bernardino, State of California, more particularly described as Assessor Parcel No. 1048-363-01:
Faisal and Nusrat Afsari
434 N. Euclid Avenue
Ontario, CA 91762
Record Owner
DATED: July 3, 2026 ___________________________________ 2675
EXHIBIT A
2676
“Fee,” also known as fee simple or fee simple absolute, grants to the City of Ontario absolute ownership in the property to be acquired.
LEGAL DEFINITION
City of Ontario
Ontario Downtown Public Parking Project
As to Assessor Parcel Number 1048-363-01
2677
EXHIBIT A
Legal Description
For APN/Parcel ID(s): 1048-363-01-0000
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS:
THE WEST 78 FEET OF LOTS 4 AND 5, BLOCK 20, TOWN OF ONTARIO, IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 9, PAGE 43 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY AND THAT PORTION OF LOT 6, BLOCK 20 OF SAID TOWN OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6, BLOCK 20 AND RUNNING EASTERLY AS DISTANCE OF 30 FEET ALONG THE NORTHERLY BOUNDARY LINE OF LOT 6 OF SAID BLOCK; THENCE SOUTHWESTERLY TO A POINT ON THE WESTERLY BOUNDARY LINE OF LOT 6, BLOCK 20, WHICH IS 20 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 6, BLOCK 20; THENCE NORTHERLY, A DISTANCE OF 20 FEET ALONG THE WEST BOUNDARY OF SAID LOT 6 TO THE POINT OF BEGINNING.
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JN 1131-004
CATEGORICAL EXEMPTION MEMORANDUM
TO: City of Ontario, Planning Department
FROM: Nicole Morse, Esq., Principal
DATE: July 9, 2026
RE: CEQA 32 Exemption – 434 N. Euclid Avenue
1.0 PROJECT UNDERSTANDING
The City of Ontario (“City”) seeks to redevelop an approximately 0.1-acre property, located at 434 North Euclid Avenue in San Bernardino County. The subject property’s Assessor’s Parcel Number (APN) is 1048- 363-01 (“Project site”). The Project site is currently developed with a gas station. Refer to Figure 1, Vicinity Map, in Attachment A, Figures.
The City proposes to demolish the existing gas station and redevelop the Project site with a paved public parking lot (“Project”). The Project would provide approximately 16 parking spaces. Access will be provided via driveways on North Euclid Avenue and East E. Street. The Project is intended to serve as an expansion of the existing public parking lot and would enhance the City’s intended land use by making Downtown Ontario a mixture of retail, office, civic, and residential uses in a pedestrian friendly atmosphere.
Construction of the Project is expected to commence in October 2026 and last approximately one month.
The following construction activities would occur as part of the Project:
• Demolition
• Site Preparation
• Grading
• Paving
• Parking Lot Painting (Striping)
The information presented in this memorandum is based on our review and analysis of the following documents and information:
• Urban Crossroads, Inc (UXR). North Euclid Avenue Surface Parking Lot Air Quality and GHG Assessment. April 13, 2026. Attachment B of this Memorandum. 2680
CEQA 32 Exemption – 434 N. Euclid Avenue
July 9, 2026
• UXR. North Euclid Avenue Surface Parking Lot Noise Assessment. April 7, 2026. Attachment C of this Memorandum.
• Publicly available documents and information from the City of Ontario website, including but not limited to the City’s General Plan (The Ontario Plan), Zoning and Land Use Code, and (c) information provided by the City of Ontario staff.
2.0 EXISTING CONDITIONS
2.1 EXISTING LAND USE
The 0.1-acre Project site is located at the southeastern corner of East E. Street and North Euclid Avenue. The site is currently developed with a 1,205 square feet gas station. 1 Refer to Figure 2, Aerial Photograph,
presented in Attachment A, Figures.
2.2 EXISTING DESIGNATION IN THE ONTARIO PLAN
The City’s prevailing planning document is, The 2050 Ontario Plan (TOP), which designates the Project site as “MU – Mixed Use.” The Mixed Use land use designation accommodates a horizontal and/or vertical mixture of retail, service, office, restaurant, entertainment, cultural, and residential uses. The City further defines the Mixed-Use land use designation by location. The Project site is located within the MU-Downtown – Mixed Use Downtown land use designation, which is envisioned as an intensive vertical and horizontal mixture of retail, office, civic, and residential uses in a pedestrian friendly atmosphere.2
2.3 EXISTING ZONING
The Project site is located within the “MU-1 – Downtown Mixed Use” zoning district, which is intended to accommodate a fairly intensive mixture of vertical and horizontal retail, entertainment, and office uses.
Ontario Development Code (ODC) Division 5.01, Zoning District and Boundaries, provides boundaries for the four (4) Land Use Areas the MU-1 zoning district is divided into. The Project site is located withing LUA1 (Euclid Avenue Entertainment) District, which is intended to provide the vitality, amenities, and a range of entertainment, shopping, restaurant, outdoor dining, and cultural offerings. The District is further intended to promote a variety of dense housing options; enhanced public and private rights-of-way to improve pedestrian, bicyclist, and vehicular connectivity; and grow employment opportunities. As shown in Table 5.02-1, Land Use Matrix, of the ODC, permitted uses under the existing zoning designation include publicly-owned parking lot and garages.3 Therefore, the Project is fully consistent with all applicable zoning regulations.
1 https://rdp.scag.ca.gov/parcel-locator/
2 https://www.ontarioca.gov/government/community-development/planning/ontario-plan/ontario-plan-policy-plan 3 https://content.ontarioca.gov/sites/default/files/2025-12/Chapter%205.0%20- %20Zoning%20and%20Land%20Use_Rev%2012-16-2025.pdf
2681
CEQA 32 Exemption – 434 N. Euclid Avenue
July 9, 2026
2.4 SURROUNDING LAND USES
The Project site is surrounded by mixed uses within the City of Ontario limits. Surrounding properties are zonedDowntown Mixed Use (MU-1) and Planned Unit Development (PUD). The Project represents the logical continuation of existing surrounding development. The Project is consistent with TOP and zoning and, therefore, would complement surrounding development. Refer to Figure 3, Surrounding Land Uses, presented in Attachment A, Figures.
Land uses in the immediate vicinity of the Project site are described below. • North: East E. Street borders the site to the north, beyond which resides a service station. • East: A vehicle parking field borders the site to the east. Further east across North Lemon Avenue, are business and commercial uses.
• South: A vehicle parking field is located south of the Project site. Further south across East. D Street, are residential uses.
• West: North Euclid Avenue borders the site to the west, beyond which are business and commercial uses.
3.0 CEQA CATEGORICAL EXEMPTION
The City proposes to demolish the existing structure onsite and redevelop the Project site with a paved public parking lot on a property located in the MU-1 Zone. The Project is fully consistent with all applicable zoning regulations.
3.1 CLASS 32 EXEMPTION
According to CEQA Guidelines Section 15332, the In-Fill Development Exemption, is subject to consistency with five criteria relating to General Plan and zoning consistency, size and location of the site, absence of habitat value, absence of ability to cause a significant environmental impact, and adequate availability of utilities and public services. Each of these criteria are discussed below in relation to the proposed Project. (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations.
The Project site is currently zoned MU-1 and has an Ontario Plan land use designation of MU. As discussed above, the Mixed-Use land use and zoning designation allows for publicly-owned parking lot. The Project consists of an expansion of the existing public parking lot within the City. Therefore, the Project is consistent with the applicable Ontario Plan designation and all applicable Ontario Plan policies as well as with applicable zoning designation and regulations. 2682
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(b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
Additionally, the Project is located within the City of Ontario limits and is located on an approximate
0.1-acre site. Surrounding land uses are developed with business and commercial uses. Therefore, the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses.
(c) The project site has no value as habitat for endangered, rare or threatened species.
The Project site is currently developed with a gas station totaling 1,205 sf. Ornamental landscaping surrounds the existing use. According to the Department of Fish & Game or Fish & Wildlife Service’s National Wetland Mapper, the Project site does not contain any wetland, riparian habitat or other sensitive natural community.4 The Project site is currently developed and in an urbanized area of the City. The Project site is located within an area that has not been identified as containing species identified as a candidate, sensitive, or special status species in local or regional plans, policies or regulations or by the California Department of Fish and Game or the U.S. Fish and Wildlife Service.
Therefore, the Project site has no value as habitat for endangered, rare or threatened species. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality.
The construction and operation of a project of this size would typically result in less than significant impacts related to traffic, noise, air quality, and water quality. Analysis of potential Project-related impacts to traffic, noise, air quality, or water quality is provided below. For Class 32 Exemptions, an Air Quality/GHG Memorandum and Noise Study were prepared to support the finding of a Class 32 exemption.
Traffic
The Project consists of an expansion of the existing public parking lot and is intended to serve the City’s downtown area. The parking lot is not expected to function as a substantial traffic generator.
Therefore, the Project will not generate more vehicle trips than the trips generated by the existing gas station and the Project would not result in any significant traffic impacts. 4 https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/ 2683
CEQA 32 Exemption – 434 N. Euclid Avenue
July 9, 2026
Air Quality
According to the Air Quality and Greenhouse Gas Assessment (Attachment B of this Memorandum), construction activities associated with the Project would result in emissions of VOCs, NOX, SOX, CO, PM10, and PM2.5. The Project’s construction-source air emissions are expected to occur during demolition, site preparation, grading, and paving. Table 3.1-1, Regional Construction Emissions Summary, presents the regional emissions expected from Project construction, as well as the applicable South Coast Air Quality Management (SCAQMD) thresholds.
Table 3.1-1 Regional Construction Emissions Summary
Year ROG NOX CO SO2 PM10 PM2.5
Maximum Daily Emissions 1.78 13.48 17.58 0.03 2.76 1.56 SCAQMD Regional Thresholds 75 100 550 150 150 55
Threshold Exceeded? NO NO NO NO NO NO
Source: (UXR, 2026a, Table 6)
As shown above, criteria air pollutant emissions resulting from Project construction would not exceed the regional thresholds of significance established by the SCAQMD for any criteria pollutant.
Similarly, as shown in Table 3.1-2, Project Localized Construction Impacts, emissions resulting from the construction will not exceed the localized thresholds of significance established by the SCAQMD for any criteria pollutant. Thus, Project construction activities would result in a less than significant impact.
Table 3.1-2 Project Localized Construction Impacts
On-Site Emissions Emissions (lbs/day)
NOX CO PM10 PM2.5
Demolition
Maximum Daily Emissions 11.91 12.71 0.80 0.49
SCAQMD Localized Threshold 127 1,005 21 6
Threshold Exceeded? NO NO NO NO
Site Preparation
Maximum Daily Emissions 5.10 6.09 0.59 0.32
SCAQMD Localized Threshold 127 1,005 22 8
Threshold Exceeded? NO NO NO NO
Grading
Maximum Daily Emissions 13.44 13.15 2.66 1.53
SCAQMD Localized Threshold 153 1,217 23 9
Threshold Exceeded? NO NO NO NO
Source: (UXR, 2026a, Table 7)
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Operational activities associated with the Project would result in emissions of CO, VOCs, NOX, SOX, PM10, and PM2.5 primarily from vehicle trips to and from the site. However, the parking lot is not expected to function as a substantial traffic generator, and associated operational emissions would be minimal. Given the limited scale of the Project and low trip generation potential, operationalsource emissions would not exceed the applicable SCAQMD regional thresholds for emissions of any criteria pollutant. As such, operational impacts would be considered less than significant.
Greenhouse Gas Emissions
For construction phase Project emissions, GHGs are quantified and amortized over the life of the Project. To amortize the emissions over the life of the Project, the SCAQMD recommends calculating the total GHG emissions for the construction activities, dividing it by a 30-year Project life then adding that number to the annual operational phase GHG emissions. As such, construction emissions were amortized over a 30-year period and added to the annual operational phase GHG emissions. As shown in Table 3.1-3, Total Project GHG Emissions, the annual emissions for construction would be 0.61 metric tons annually and therefore result in a less than significant impact.
Table 3.1-3 Total Project GHG Emissions
Year Total CO2E
Total Annual Construction Emissions 18.32
Amortized Over 30 Years 0.62
SCAQMD Threshold 3,000
Source: (UXR, 2026a, Table 8)
Operational activities associated with the Project would result in emissions of CO2, CH4, and N2O primarily from vehicle trips to and from the site. As discussed previously, the Project is not expected to function as a substantial traffic generator, and associated operational emissions would be minimal. Given the limited scale of the Project and low trip generation potential, operational-source emissions would not exceed the applicable SCAQMD regional thresholds for GHG emissions. As such, operational impacts would be considered less than significant.
Noise
Sensitive Receptors
To assess the potential for short-term construction and long-term operational noise impacts, the following receiver locations were identified as representative locations for analysis. • Location R1 represents the existing residence at 515 N Lemon Avenue, approximately 209 feet northeast of the Project site.
• Location R2 represents the existing at 201 East E Street, approximately 303 feet northeast of the Project site.
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• Location R3 represents the existing residence at 208 East E Street, approximately 375 feet east of the Project site.
• Location R4 represents the existing multi-family residential community at 320 N Euclid Avenue, approximately 362 feet south of the Project site. • Location R5 represents the existing church at 126 West E Street, approximately 401 feet northwest of the Project site.
• Location R6 represents the existing residence at 204 West E Street, approximately 566 feet northwest of the Project site.
The receiver locations are illustrated in Exhibit 3 of the Noise Analysis (Attachment C).
Construction Noise
Table 3.1-4, Construction Noise Level Compliance, presents the Project-related construction noise levels as well as the applicable threshold. As shown, the highest levels of construction noise would not exceed the applicable threshold.
Table 3.1-4 Construction Noise Level Compliance
Receiver
Location
Construction Noise Levels (dBA Leq)
Highest Construction Noise Levels1 Threshold2 Threshold Exceeded?3 R1 70.5 80 No
R2 67.7 80 No
R3 66.2 80 No
R4 66.4 80 No
R5 65.6 80 No
R6 62.9 80 No
1 Highest construction noise level calculations based on distance from the construction noise source activity to the nearest receiver locations.
2 Construction noise level thresholds.
3 Do the estimated Project construction noise levels exceed the construction noise level threshold? Source: (UXR, 2026b, Table 4)
Operational Noise
The Project-related noise sources are expected to be limited to parking lot vehicle movements. As a conservative assumption, the parking lot vehicle movements are assumed to occur throughout the day and night. To estimate the Project operational noise impacts, reference noise level measurements were collected from similar activities to represent the noise levels expected with the development of the Project. The reference project operational and sound power levels are summarized below in Table 3.1-5.
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Table 3.1-5 Reference Noise Levels
Noise Source1
Noise
Source
Height
(Feet)
Min./
Hour2
Reference
Noise Level
(dBA Leq)
@ 50 Feet
Sound
Power
Level
(dBA) Day Night 3
Parking Lot Vehicle Movements 5' 60 60 52.6 73.4
1 As measured by Urban Crossroads, Inc.
2 Anticipated duration (minutes within the hour) of noise activity during typical hourly conditions expected at the Project site. "Daytime" = 7:00 a.m. - 10:00 p.m.; "Nighttime" = 10:00 p.m. - 7:00 a.m. 3 Sound power level represents the total amount of acoustical energy (noise level) produced by a sound source independent of distance or surroundings. Sound power levels calculated using the CadnaA noise model at the reference distance to the noise source.
Source: (UXR, 2026b, Table 2)
To demonstrate compliance with local noise regulations, the Project-only operational noise levels are evaluated against exterior noise level thresholds based on the City of Ontario exterior noise level standards at nearby noise-sensitive receiver locations, as shown in Table 3.1-6.
Table 3.1-6 Operational Noise Level Compliance
Receiver
Location
Land
Use
Project Operational
Noise Levels
(dBA Leq)1
Noise Level Standards
(dBA Leq)2
Noise Level Standards
Exceeded?3
Daytime Nighttime Daytime Nighttime Daytime Nighttime
R1 Residential 21.9 21.9 65 45 No No
R2 Residential 19.0 19.0 65 45 No No
R3 Residential 17.6 17.6 65 45 No No
R4 Residential 17.8 17.8 65 45 No No
R5 Church 17.0 17.0 65 45 No No
R6 Residential 14.3 14.3 65 45 No No
1 Proposed Project operational noise calculations are included in Appendix B. 2 Exterior noise level standards.
3 Do the estimated Project operational noise source activities exceed the noise level standards? 4 Receiver locations do not include any noise sensitive nighttime use. "Daytime" = 7:00 a.m. - 10:00 p.m.; "Nighttime" = 10:00 p.m. - 7:00 a.m.
Source: (UXR, 2026b, Table 3)
As shown above, the operational noise levels associated with the Project will not exceed the City of Ontario 65 dBA Leq daytime or 45 dBA Leq nighttime exterior noise level standards. Therefore, the operational noise impacts are considered less than significant at the nearby noise-sensitive receiver locations.
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CEQA 32 Exemption – 434 N. Euclid Avenue
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Water Quality
The Project would demolish the existing gas station onsite and redevelop as a public parking lot.
Since the Project site is less than one acre, no Storm Water Pollution Prevention Plan or Water Quality Management Plan would be required. However, there will be no change in impervious surfaces and drainage would occur similar to existing conditions. Therefore, impacts to water quality would be less than significant.
Conclusion
Based on the preceding analysis, the Project would not result in significant environmental effects related to traffic, noise, air quality, or water quality and, thus, meets CEQA Guidelines Section 15332, criterion (d).
(e) The site can be adequately served by all required utilities and public services.
The Project site is currently served by existing utilities and public services. The Project Applicant would demolish the existing gas station totaling 1,205 sf onsite and redevelop the Project site with a paved public parking lot. Under the proposed condition, there would be no demand in water, sewer, gas, and telecommunication services, compared to existing conditions. The associated decrease in utilities services is expected to have a negligible effect on current service providers. Therefore, the site can be adequately served by all required utilities and public services.
3.2 REVIEW OF EXCEPTIONS TO THE CATEGORICAL EXEMPTION
Furthermore, CEQA Guidelines include exceptions to all exemptions. As codified in Guidelines Section 15300.2, a project that would otherwise fit into an exemption must not be disqualified by the following sections:
a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies.
Condition a) would not apply because the Project does not fall under a Class 3, 4, 5, 6, or 11 CEQA Exemption.
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CEQA 32 Exemption – 434 N. Euclid Avenue
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b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant.
Condition b) would not apply because the Project is an individual project, and it is not part of a successive chain of similar projects that when considered together would have a significant cumulative impact on the physical environment. There are no conditions associated with the Project’s construction or operation that would cause or cumulatively contribute to any significant environmental effects. This exception does not apply.
c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances.
There are no unusual circumstances associated with the Project that would result in a significant effect on the environment. The Project proposes a typical urban use, in a typical urban environment.
This exception does not apply.
d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR.
Condition d) requires consideration of the nearest officially designated state scenic highways.
According to the California Department of Transportation (Caltrans) California Scenic Highway Mapping System, the nearest officially designated state scenic highways is a portion of California State Route 2, located approximately 25 miles northwest of the Project site and is not visible from the Project site or surrounding areas.5 As such, the Project site would not result in damage to scenic resources within a highway officially designated as a state scenic highway, and this exception does not apply.
e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.
Condition e) would not apply. Pursuant to Government Code Section 65962.5, the Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State and local agencies to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites. Below are the data resources that provide information regarding the facilities or sites identified as meeting the Cortese List requirements. 5 https://caltrans.maps.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa. 2689
CEQA 32 Exemption – 434 N. Euclid Avenue
July 9, 2026
• List of Hazardous Waste and Substances sites from Department of Toxic Substances Control (DTSC) EnviroStor database.
• List of Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker database.
• List of solid waste disposal sites identified by Water Board with waste constituents above hazardous waste levels outside the waste management unit. • List of Site Cleanup Program Sites on the Cortese List from the Water Boards. • List of hazardous waste facilities subject to corrective action pursuant to Section 25187.5 of the Health and Safety Code, identified by DTSC.
Based on a review of the Cortese List maintained by the CalEPA, the Project site is not identified as a hazardous materials site pursuant to Government Code Section 65962.5. 6 As the Project site is not
listed in any hazardous waste sites, this exception would not apply. f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.
Condition f) requires consideration of the existing building’s historic age, which appears to have been developed in 1982.
7 The definition of "historical resources" is contained in CEQA Guidelines Section 15064.5. Buildings that are 50 years or older are required to be evaluated under CEQA, to determine whether they are considered significant historical resources as defined in CEQA Guidelines Section 15064.5. Because the site was developed in 1982, it is not considered historical resource and would not be considered a significant part of California’s history and/or cultural heritage, associated with the life of an important person, embodies characteristics of the works of an important individual, or has potential to yield important information about history. This exception would not apply.
3.3 CONCLUSION
Based on the foregoing analysis, the Project meets the conditions of a Class 32 exemption and would not conflict with any of the exceptions as codified in CEQA Guidelines Section 15300. 6 https://calepa.ca.gov/sitecleanup/corteselist/
7 https://arcpropertyinfo.sbcounty.gov/
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CEQA 32 Exemption – 434 N. Euclid Avenue
Attachments
Attachment A:
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CEQA 32 Exemption – 434 N. Euclid Avenue
Attachments
Attachment B:
Air Quality and Greenhouse Gas Assessment
2695
TECHNICAL MEMORANDUM
20341 SW Birch Street | Suite 230 | Newport Beach, CA 92660 | (949) 660-1994 | urbanxroads.com DATE: April 13, 2026
TO: Tracy Zinn,T&B Planning
FROM: Haseeb Qureshi, Urban Crossroads, Inc.
JOB NO: 16931-02 AQ & GHG Assessment
SUBJECT: NORTH EUCLID AVENUE SURFACE PARKING LOTAIR QUALITY&
GREENHOUSE GASASSESSMENT
Urban Crossroads, Inc. is pleased to provide the followingAir Quality & Greenhouse Gas Assessment for the North Euclid Avenue Surface Parking Lot (Project), which is located on the southeast corner of North Euclid Avenue and West E Street in the City of Ontario.
PROJECT OVERVIEW
The Project includes the development of a surface parking lot with an estimated 16 new parking spaces on a 0.1-acre parcel (APN: 1048-363-01). The Project would consist of the demolition of the existing use (an out-of-service gas station) and the redevelopment of the site as a paved public parking lot.
The purpose of this Air Quality & Greenhouse Gas Assessment is to evaluate the potential Projectrelated air quality and greenhouse gas impacts associated with the development of a surface parking lot, as shown on Exhibit 1.
SUMMARY OF FINDINGS
Results of the assessment indicate that the Project would result in a less than significant impact with respect to air quality and greenhouse gas, and no mitigation is required. 2696
16931-02 AQ & GHG Assessment 2 North Euclid Avenue Surface Parking Lot EXHIBIT 1: LOCATION MAP
2697
16931-02 AQ & GHG Assessment 3 North Euclid Avenue Surface Parking Lot
PROJECT AIR QUALITY IMPACTS
METHODOLOGY
The California Air Pollution Control Officers Association (CAPCOA) in conjunction with other California air districts, including SCAQMD, released CalEEMod 2022 in May 2022. CalEEMod periodically releases updates, as such the latest version available at the time of this report has been utilized in this analysis. The purpose of this model is to calculate construction-source and operational-source criteria pollutant (VOCs, NOX, SOX, CO, PM10, and PM2.5) and GHG emissions from direct and indirect sources; and quantify applicable air quality and GHG reductions achieved from mitigation measures (1). Accordingly, the latest version of CalEEMod has been used for this Project to determine construction and operational air quality and GHG emissions. Output from the model runs for both construction and operational activity are provided in Appendix 1.
STANDARDS OF SIGNIFICANCE
The criteria used to determine the significance of potential Project-related air quality impacts are taken from the California Environmental Quality Act Guidelines (CEQA Guidelines) (14 CCR §§15000, et seq.). Based on these thresholds, a project would result in a significant impact related to air quality if it would (2):
• Threshold 1: Conflict with or obstruct implementation of the applicable air quality plan. • Threshold 2: Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable federal or state ambient air quality standard.
• Threshold 3: Expose sensitive receptors to substantial pollutant concentrations. • Threshold 4: Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people.
AIR QUALITY REGIONAL EMISSIONS THRESHOLDS
The SCAQMD has developed regional significance thresholds for criteria pollutants, as summarized at Table 1 (3). The SCAQMD’s CEQA Air Quality Significance Thresholds (March 2023) indicate that any projects in the SCAB with daily emissions that exceed any of the indicated thresholds should be considered as having an individually and cumulatively significant air quality impact. 2698
16931-02 AQ & GHG Assessment 4 North Euclid Avenue Surface Parking Lot TABLE 1:REGIONAL EMISSIONS SIGNIFICANCE THRESHOLDS
Pollutant Construction Operations
NOX 100 lbs/day 55 lbs/day
VOC 75 lbs/day 55 lbs/day
PM10 150 lbs/day 150 lbs/day
PM2.5 55 lbs/day 55 lbs/day
SOX 150 lbs/day 150 lbs/day
CO 550 lbs/day 550 lbs/day
Pb 3 lbs/day 3 lbs/day
lbs/day = Pounds Per Day
AIR QUALITY LOCALIZED EMISSIONS THRESHOLDS
For this Project, the appropriate SRA for the LST analysis is the SCAQMD Southwest San Bernardino Valley monitoring station (SRA 33). LSTs apply to CO, NO2, PM10, and PM2.5. The SCAQMD produced look-up tables for projects less than or equal to 5 acres in size. The SCAQMD’s screening look-up tables are utilized in determining localized impacts. It should be noted that since the look-up tables identify thresholds at only 1 acre, 2 acres, and 5 acres, linear regression has been utilized to determine localized significance thresholds. Consistent with SCAQMD guidance, the thresholds presented in Table 2 were calculated by interpolating the threshold values for the Project’s disturbed acreage.
The acres disturbed is based on the equipment list and days in the demolition, site preparation, and grading phase according to the anticipated maximum number of acres a given piece of equipment can pass over in an 8-hour workday. The equipment-specific grading rates are summarized in the CalEEMod user’s guide, Appendix C: Emission Calculation Details for CalEEMod (4). It should be noted that the disturbed area per day is representative of a piece of equipment making multiple passes over the same land area. In other words, one Rubber Tired Dozer can make multiple passes over the same land area totaling 0.5 acres in a given 8-hour day. Appendix A of the CalEEMod User Manual only identifies equipment-specific grading rates for Crawler Tractors, Graders, Rubber Tired Dozers, and Scrapers; therefore, Tractors/Loaders/Backhoes equipment that was included in the site preparation and grading phase was replaced with Crawler Tractors. For analytical purposes, emissions associated with peak demolition, site preparation, and grading activities are considered for purposes of localized significance thresholds (LSTs) since this phase represents the maximum localized emissions that would occur. The Project’s construction activities could disturb a maximum of approximately 0.5 acre per day for demolition, 1 acre per day for site preparation, and 1.5 acres per day for grading activities. It should be noted that a 1 acre per day disturbance area for demolition activities was utilized as this is the SCAQMD look-up tables minimum acreage. Any other construction phases of development would result in lesser emissions and consequently lesser impacts than what is disclosed herein. As such, Table 2 presents thresholds for localized construction emissions.
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16931-02 AQ & GHG Assessment 5 North Euclid Avenue Surface Parking Lot TABLE 2:MAXIMUM DAILY LOCALIZED EMISSIONS THRESHOLDS
Source Activity
Emissions (lbs/day)
NOX CO PM10 PM2.5
Construction
Demolition 127 lbs/day 1,005 lbs/day 21 lbs/day 6 lbs/day Site Preparation 127 lbs/day 1,005 lbs/day 22 lbs/day 8 lbs/day Grading 153 lbs/day 1,217 lbs/day 23 lbs/day 9 lbs/day
1Source of localized significance threshold (LSTs) is provided on page 18.
CONSTRUCTION ACTIVITIES
Construction activities associated with the Project would result in emissions of VOCs, NOX, SOX, CO, PM10, and PM2.5. Construction related emissions are expected from the following construction activities:
• Demolition
• Site Preparation
• Grading
• Paving
• Parking Lot Painting (Striping)
DEMOLITION
The site is currently developed with existing uses/structures which total approximately 5,136 sf that will be demolished. Demolished material associated with demolition will be hauled off-site. Since the exact location of where the demolished material is not known at this time, a 20-mile distance is utilized consistent with CalEEMod defaults.
GRADING ACTIVITIES
Dust is typically a major concern during grading activities. Because such emissions are not amenable to collection and discharge through a controlled source, they are called “fugitive emissions.” Fugitive dust emissions rates vary as a function of many parameters (soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc.). CalEEMod was utilized to calculate fugitive dust emissions resulting from this phase of activity. This analysis assumes that earthwork activities are expected to balance on site and no import or export of soil would be required.
ON-ROAD TRIPS
Construction generates on-road vehicle emissions from vehicle usage for worker and hauling trucks commuting to and from the site. The number of worker and hauling trips per phase is presented below in Table 3 and are based on CalEEMod defaults.
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16931-02 AQ & GHG Assessment 6 North Euclid Avenue Surface Parking Lot TABLE 3:CONSTRUCTION TRIP ASSUMPTIONS
Construction Activity Worker Trips
Per Day
Vendor Trips
Per Day
Hauling Trips
Per Day
Demolition 10 1 6
Site Preparation 5 1 0
Grading 8 1 0
Paving 18 1 0
Parking Lot Painting 1 1 0
CONSTRUCTION DURATION
The construction schedule utilized in the analysis, as shown on Table 4, represents a “worst-case” analysis scenario should construction occur any time after the respective dates since emission factors for construction decrease as time passes and the analysis year increases due to emission regulations becoming more stringent1F
1 . The duration of construction activity and associated equipment represents a reasonable approximation of the expected construction fleet as required per CEQAGuidelines (5).
TABLE 4:CONSTRUCTION DURATION
Construction Activity Start Date End Date Days
Demolition 10/1/2026 10/15/2026 10
Site Preparation 10/16/2026 10/16/2026 1
Grading 10/19/2029 10/20/2026 2
Paving 10/21/2026 10/27/2026 5
Parking Lot Painting 10/21/2026 10/27/2026 5
CONSTRUCTION EQUIPMENT
Consistent with industry standards and typical construction practices, each piece of equipment will operate up to a total of eight (8) hours per day, or more than two-thirds of the period during which construction activities are allowed pursuant to the code. 1 As shown in the CalEEMod User’s Guide Version 2022, Appendix G “Table G-11. Statewide Average Annual Offroad Equipment Emission Factors” as the analysis year increases, emission factors for the same equipment pieces decrease due to the natural turnover of older equipment being replaced by newer less polluting equipment and new regulatory requirements. 2701
16931-02 AQ & GHG Assessment 7 North Euclid Avenue Surface Parking Lot TABLE 5:CONSTRUCTION EQUIPMENT
Construction Activity Equipment1 Quantity Hours
Demolition
Concrete/Industrial Saws 1 8
Rubber Tired Dozers 1 8
Tractors/Loaders/Backhoes 2 8
Site Preparation
Graders 1 8
Crawler Tractors 1 8
Grading
Graders 1 8
Rubber Tired Dozers 1 8
Crawler Tractors 1 8
Paving
Cement and Mortar Mixers 4 8
Pavers 1 8
Rollers 1 8
Tractors/Loaders/Backhoes 1 8
Parking Lot Painting Air Compressor 1 8
1 In order to account for fugitive dust emissions, Crawler Tractors were used in lieu of Tractors/Loaders/Backhoes during site preparation and grading.
REGIONAL CONSTRUCTION EMISSIONS SUMMARY
The estimated maximum daily construction emissions without mitigation are summarized in Table
6. Under the assumed scenarios, emissions resulting from the Project construction will not exceed thresholds established by the SCAQMD for emissions of any criteria pollutant and no mitigation is required. Detailed construction model outputs are presented in Appendix 1.
TABLE 6:REGIONAL CONSTRUCTION EMISSIONS SUMMARY
ROG NOX CO SO2 PM10 PM2.5
Maximum Daily Emissions 1.78 13.48 17.58 0.03 2.76 1.56 SCAQMD Regional Thresholds 75 100 550 150 150 55
Threshold Exceeded? NO NO NO NO NO NO
Notes:
CalEEMod operational-source (unmitigated) emissions are presented in Appendix 3.1.
REGIONAL OPERATIONAL EMISSIONS
The proposed Project consists of a surface parking lot with an estimated 16 new parking spaces on a 0.1-acre parcel. Operational activities associated with the proposed Project would result in emissions of CO, VOCs, NOX, SOX, PM10, and PM2.5 primarily from vehicle trips to and from the site.
However, the parking lot is not expected to function as a substantial traffic generator, and associated operational emissions would be minimal. Given the limited scale of the Project and low trip generation potential, operational-source emissions would not exceed the applicable SCAQMD 2702
16931-02 AQ & GHG Assessment 8 North Euclid Avenue Surface Parking Lot regional thresholds for emissions of any criteria pollutant. As such, operational impacts would be considered less-than-significant.
SENSITIVE RECEPTORS
Receptors in the Project study area are described below and shown in Exhibit 2. Localized air quality impacts were evaluated at sensitive receptor land uses nearest the Project site. All distances are measured from the Project site boundary to the outdoor living areas (e.g., backyards) or at the building façade, whichever is closer to the Project site.
R1: Location R1 represents the existing residence at 515 N Lemon Avenue, approximately 209 feet northeast of the Project site.
R2: Location R2 represents the existing residence at 201 East E Street, approximately 303 feet northeast of the Project site.
R3: Location R3 represents the existing residence at 208 East E Street, approximately 375 feet east of the Project site.
R4: Location R4 represents the existing residence at 320 N Euclid Avenue, approximately 362 feet south of the Project site.
R5: Location R5 represents the existing church at 126 West E Street, approximately 401 feet northwest of the Project site.
R6: Location R6 represents the existing residence at 204 West E Street, approximately 566 feet northwest of the Project site.
R7: Location R7 represents the existing gas station at 506 N Euclid Avenue, approximately 107 feet north of the Project site.
The analysis makes use of methodology included in the SCAQMD Final Localized Significance Threshold Methodology (LST Methodology) (6). The SCAQMD has established that impacts to air quality are significant if there is a potential to contribute or cause localized exceedances of the federal and/or state ambient air quality standards (National Ambient Air Quality Standards (NAAQS)/California Ambient Air Quality Standards (CAAQS). Collectively, these are referred to as localized significance thresholds (LSTs). The SCAQMD established LSTs in response to the SCAQMD Governing Board’s Environmental Justice Initiative I-42F 2 . LSTs represent the maximum emissions
from a project that will not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard at the sensitive receptor. The SCAQMD states that lead agencies can use the LSTs as another indicator of significance in their air quality impact analyses.
The SCAQMD recommends that the nearest sensitive receptor be considered when determining the Project’s potential to cause an individual or cumulatively significant impact. The nearest land use where an individual could remain for 24 consecutive hours nearest to the Project site has been used to determine localized construction and operational air quality impacts for emissions of PM10 and PM2.5 (since PM10 and PM2.5 thresholds are based on a 24-hour averaging time). The nearest receptor 2 The purpose of SCAQMD’s Environmental Justice program is to ensure that everyone has the right to equal protection from air pollution and fair access to the decision-making process that works to improve the quality of air within their communities.
Further, the SCAQMD defines Environmental Justice as “…equitable environmental policymaking and enforcement to protect the health of all residents, regardless of age, culture, ethnicity, gender, race, socioeconomic status, or geographic location, from the health effects of air pollution.”
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16931-02 AQ & GHG Assessment 9 North Euclid Avenue Surface Parking Lot EXHIBIT 3:RECEPTOR LOCATIONS
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16931-02 AQ & GHG Assessment 10 North Euclid Avenue Surface Parking Lot used for evaluation of localized impacts of PM10 and PM2.5 is location R1, represented by the existing residence at 515 N Lemon Avenue, approximately 209 feet (64 meters) northeast of the Project site.
As previously stated, and consistent with LST Methodology, the nearest industrial/commercial use to the Project site is used to determine construction and operational LST air impacts for emissions of NOX and CO as the averaging periods for these pollutants are shorter (8 hours or less) and it is reasonable to assume that an individual could be present at these sites for periods of one to 8 hours.
The nearest receptor used for evaluation of localized impacts of NOX and CO is represented by the existing gas station at 506 N Euclid Avenue, approximately 107 feet (33 meters) north of the Project site.
LOCALIZED CONSTRUCTION EMISSIONS
Table 7 identifies the localized impacts at the nearest receptor location in the vicinity of the Project.
Outputs from the model runs for construction LSTs are provided in Appendix 1. For analytical purposes, emissions associated with peak demolition, site preparation and grading activities are considered for purposes of LSTs since these phases represent the maximum localized emissions that would occur. Any other construction phases of development that overlap would result in lesser emissions and consequently lesser impacts than what is disclosed herein. As shown in Table 7, emissions resulting from the construction will not exceed the numerical thresholds of significance established by the SCAQMD for any criteria pollutant. Thus, a less than significant impact would occur for localized Project-related construction-source emissions and no mitigation is required.
TABLE 7: PROJECT LOCALIZED CONSTRUCTION IMPACTS
On-Site Emissions
Emissions (lbs/day)
NOX CO PM10 PM2.5
Demolition
Maximum Daily Emissions 11.91 12.71 0.80 0.49
SCAQMD Localized Threshold 127 1,005 21 6
Threshold Exceeded? NO NO NO NO
Site Preparation
Maximum Daily Emissions 5.10 6.09 0.59 0.32
SCAQMD Localized Threshold 127 1,005 22 8
Threshold Exceeded? NO NO NO NO
Grading
Maximum Daily Emissions 13.44 13.15 2.66 1.53
SCAQMD Localized Threshold 153 1,217 23 9
Threshold Exceeded? NO NO NO NO
LOCALIZED OPERATIONAL EMISSIONS
The Project includes the development of a surface parking lot with an estimated 16 new parking spaces on a 0.1-acre parcel. According to SCAQMD LST methodology, LSTs would apply to the operational phase of a proposed project, if the project includes stationary sources, or attracts mobile sources that may spend long periods queuing and idling at the site (e.g., transfer facilities and 2705
16931-02 AQ & GHG Assessment 11 North Euclid Avenue Surface Parking Lot warehouse buildings). The proposed project does not include such uses, and thus, due to the lack of significant stationary source emissions, no LST analysis is needed for operations.
PROJECT GHG ANALYSIS
City of Ontario Climate Action Plan
The City of Ontario adopted the Community Climate Action Plan (CCAP) on December 16, 2014. The CAP contains further guidance on the City of Ontario’s GHG Inventory reduction goals, policies, guidelines, and implementation programs. The purpose of the CAP is to provide guidance on how to analyze GHG emissions and determine significance during the CEQA review of proposed development projects within the City of Ontario (7). The CAP builds upon the Reduction Plan to address City-specific information and City-specific GHG reduction measures. To address the state’s requirement to reduce GHG emissions, the City prepared its CAP with the goal of reducing GHG emissions within the City by 15% below 2008 levels by the year 2020. The City’s target is consistent with the AB 32 target and ensures that the City of Ontario achieves GHG reductions locally that complement and are consistent with state efforts to reduce GHG emissions.
As part of the CAP, the City of Ontario published a guidance document titled “Greenhouse Gas Emissions, CEQA Thresholds and Screening Tables” (December 2014). As part of this guidance, the City determined that if GHG emissions of a given project exceeds 3,000 MTCO2e/yr, then project emissions would need to be reduced by 25 percent when compared to year 2008 emissions levels.
Alternatively, the project would need to achieve a minimum of 100 points pursuant to measures identified in the Screening Tables.
The Ontario Plan (TOP) 2050 includes an update to the City’s Community Climate Action Plan (CCAP Update) which was adopted in 2014. The CCAP Update is a plan to reduce greenhouse gas (GHG) emissions and improve community resilience to hazardous conditions associated with climate change. The update to the CCAP includes updated emissions inventories; updated emissions forecasts; identifies GHG emissions reduction targets to achieve the GHG reduction goals of the City of Ontario consistent with Senate Bill 32, Executive Order S-03-05, and substantial progress toward the State’s carbon neutrality goals of Executive Order B-55-18; and measures, that when quantified, achieve the GHG reduction targets for the City. As noted in The Ontario Plan 2050 Final Supplemental Environmental Impact Report (SCH No. 2021070364) certified by the City in 2022 (TOP 2050 SEIR), the measures included in the 2022 CCAP Update are not substantially different than that of the 2014 CCAP and therefore there is no change in the environmental impacts associated with the CCAP.
GHG IMPACTS
Standards of Significance
According to the CEQA Guidelines Appendix G thresholds, to determine whether impacts from GHG emissions are significant. Would the project:
• Threshold 1: Generate GHG emissions, either directly or indirectly, that may have a significant impact on the environment?
• Threshold 2: Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of GHGs?
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16931-02 AQ & GHG Assessment 12 North Euclid Avenue Surface Parking Lot The evaluation of an impact under CEQA requires measuring data from a project against both existing conditions and a “threshold of significance.” For establishing significance thresholds, the Office of Planning and Research’s amendments to the CEQA Guidelines Section 15064.7(c) state “[w]hen adopting thresholds of significance, a lead agency may consider thresholds of significance previously adopted or recommended by other public agencies, or recommended by experts, provided the decision of the lead agency to adopt such thresholds is supported by substantial evidence.”
CEQA Guidelines Section 15064.4(a) further states, “. . . A lead agency shall have discretion to determine, in the context of a particular project, whether to: (1) Use a model or methodology to quantify greenhouse gas emissions resulting from a project, and which model or methodology to use . . .; or (2) Rely on a qualitative analysis or performance-based standards.” CEQA Guidelines Section 15064.4 provides that a lead agency should consider the following factors, among others, in assessing the significance of impacts from greenhouse gas emissions:
• Consideration #1: The extent to which the project may increase or reduce greenhouse gas emissions as compared to the existing environmental setting. • Consideration #2: Whether the project emissions exceed a threshold of significance that the lead agency determines applies to the project.
• Consideration #3: The extent to which the project complies with regulations or requirements adopted to implement a statewide, regional, or local plan for the reduction or mitigation of greenhouse gas emissions. Such regulations or requirements must be adopted by the relevant public agency through a public review process and must reduce or mitigate the project’s incremental contribution of greenhouse gas emissions. In determining the significance of impacts, the lead agency may consider a project’s consistency with the State’s long-term climate goals or strategies, provided that substantial evidence supports the agency’s analysis of how those goals or strategies address the project’s incremental contribution to climate change and its conclusion that the project’s incremental contribution is not cumulatively considerable.
Construction GHG Emissions
For construction phase Project emissions, GHGs are quantified and amortized over the life of the Project. To amortize the emissions over the life of the Project, the SCAQMD recommends calculating the total GHG emissions for the construction activities, dividing it by a 30-year Project life then adding that number to the annual operational phase GHG emissions (8). As such, construction emissions were amortized over a 30-year period and added to the annual operational phase GHG emissions. The amortized construction emissions are presented in Table 8, respectively. As shown, the annual emissions for construction would be 0.61 metric tons annually and therefore result in a less than significant impact. Construction emissions are summarized in Appendix 1.
TABLE 8: TOTAL PROJECT GHGEMISSIONS
Total CO2E
Total Annual Construction Emissions 18.32
Amortized Over 30 Years 0.61
Threshold 3,000
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16931-02 AQ & GHG Assessment 13 North Euclid Avenue Surface Parking Lot Operational GHG Emissions
The proposed Project consists of a surface parking lot with an estimated 16 new parking spaces on a 0.1-acre parcel. Operational activities associated with the proposed Project would result in emissions of CO2, CH4, and N2O primarily from vehicle trips to and from the site. However, the parking lot is not expected to function as a substantial traffic generator, and associated operational emissions would be minimal.Given the limited scale of the Project and low trip generation potential, operational-source emissions would not exceed the applicable annual thresholds for GHG emissions.
As such, operational impacts would be considered less-than-significant.
CONCLUSION
In summary, results of the assessment indicate that the Project would result in a less than significant impact with respect to air quality and greenhouse gas.
If you have any questions, please contact me directly at [email protected]. 2708
16931-02 AQ & GHG Assessment 14 North Euclid Avenue Surface Parking Lot
REFERENCES
1. California Air Pollution Control Officers Association (CAPCOA). California Emissions Estimator Model (CalEEMod). [Online] March 2023. www.caleemod.com.
2. State of California. 2020 CEQA California Environmental Quality Act. 2020.
3. South Coast Air Quality Management District (SCAQMD). SCAQMD Air Quality Significance Thresholds. [Online] https://www.aqmd.gov/docs/default-source/ceqa/handbook/southcoast-aqmd-air-quality-significance-thresholds.pdf.
4. California Air Pollution Control Officers Association (CAPCOA). Appendix C: Emission Calculation Details for CalEEMod. CalEEMod. [Online]
https://caleemod.com/documents/user-guide/04_Appendix%20C.pdf.
5. State of California. 2020 CEQA California Environmental Quality Act. 2020.
6. South Coast Air Quality Management District. Localized Significance Thresholds Methodology. s.l. : South Coast Air Quality Managment District, 2003.
7. Dudek. City of Ontario Climate Adaption Plan. [Online] 2014. https://www.ontarioca.gov/sites/default/files/OntarioFiles/Planning/Applications/Community%20Climate%20Action%20Plan.pdf.
8. South Coast Air Quality Management District. Greenhouse Gas CEQA Significance Threshold Stakeholder Working Group #13. [Powerpoint] Diamond Bar : s.n., 2009. 2709
16931-02 AQ & GHG Assessment 15 North Euclid Avenue Surface Parking Lot APPENDIX 1:
CALEEMOD EMISSIONS MODEL OUTPUTS
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16931 - Euclid Ave Surface Parking Detailed Report
Table of Contents
1. Basic Project Information
1.1. Basic Project Information
1.2. Land Use Types
1.3. User-Selected Emission Reduction Measures by Emissions Sector
2. Emissions Summary
2.1. Construction Emissions Compared Against Thresholds
2.2. Construction Emissions by Year
2.2.1. Total Construction Emissions by Year, Unmitigated
2.2.2. Onsite Construction Emissions by Year, Unmitigated
2.2.3. Offsite Construction Emissions by Year, Unmitigated
3. Construction Emissions Details
3.1. Demolition (2026)
3.1.1. Onsite - Unmitigated
3.1.2. Offsite - Unmitigated
3.2. Site Preparation (2026)
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3.2.1. Onsite - Unmitigated
3.2.2. Offsite - Unmitigated
3.3. Grading (2026)
3.3.1. Onsite - Unmitigated
3.3.2. Offsite - Unmitigated
3.4. Paving (2026)
3.4.1. Onsite - Unmitigated
3.4.2. Offsite - Unmitigated
3.5. Architectural Coating (2026)
3.5.1. Onsite - Unmitigated
3.5.2. Offsite - Unmitigated
4. Operations Emissions Details
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated
5. Activity Data
5.1. Construction Schedule
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5.2. Off-Road Equipment
5.2.1. Unmitigated
5.3. Construction Vehicles
5.3.1. Unmitigated
5.4. Vehicles
5.4.1. Construction Vehicle Control Strategies
5.5. Architectural Coatings
5.6. Dust Mitigation
5.6.1. Construction Earthmoving Activities
5.6.2. Construction Earthmoving Control Strategies
5.7. Construction Paving
5.8. Construction Electricity Consumption and Emissions Factors
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
5.18.2. Sequestration
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5.18.2.1. Unmitigated
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
6.2. Initial Climate Risk Scores
6.3. Adjusted Climate Risk Scores
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
7.2. Healthy Places Index Scores
7.3. Overall Health & Equity Scores
7.4. Health & Equity Measures
7.5. Evaluation Scorecard
7.6. Health & Equity Custom Measures
8. User Changes to Default Data
8.1. Justifications
8.3. Land Use
8.4. Construction
8.4.1. Construction Phases
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8.4.2. Off-Road Equipment
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1. Basic Project Information
1.1. Basic Project Information
Data Field Value
Project Name 16931 - Euclid Ave Surface Parking
Construction Start Date 10/1/2026
Lead Agency —
Land Use Scale Project/site
Analysis Level for Defaults County
Windspeed (m/s) 2.80000
Precipitation (days) 20.8000
Location 434 N Euclid Ave, Ontario, CA 91762, USA
County San Bernardino-South Coast
City Ontario
Air District South Coast AQMD
Air Basin South Coast
TAZ 5242
EDFZ 10
Electric Utility Southern California Edison
Gas Utility Southern California Gas
App Version 2022.1.1.41
1.2. Land Use Types
Land Use Subtype Size Unit Lot Acreage Building Area (sq ft) Landscape Area (sq ft)
Special Landscape
Area (sq ft)
Population Description
Parking Lot 16.0000 Space 0.10000 0.00000 0.00000 — — — 2716
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1.3. User-Selected Emission Reduction Measures by Emissions Sector No measures selected
2. Emissions Summary
2.1. Construction Emissions Compared Against Thresholds Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Un/Mit. TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 1.84434 1.55146 13.4774 13.5597 0.02402 0.68347 2.07737 2.76084 0.62879 0.92830 1.55709 — 2,737.66 2,737.66 0.13211 0.08805 0.03374 2,767.23 Average
Daily
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 0.07443 0.06217 0.51569 0.58315 0.00097 0.02108 0.03098 0.05206 0.01941 0.00895 0.02836 — 109.685 109.685 0.00493 0.00281 0.02140 110.667 Annual
(Max)
— — — — — — — — — — — — — — — — — —
Unmit. 0.01358 0.01135 0.09411 0.10642 0.00018 0.00385 0.00565 0.00950 0.00354 0.00163 0.00518 — 18.1597 18.1597 0.00082 0.00047 0.00354 18.3222
2.2. Construction Emissions by Year
2.2.1. Total Construction Emissions by Year, Unmitigated Includes both onsite and offsite emissions.
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily -
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily -
Winter
(Max)
— — — — — — — — — — — — — — — — — —
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2026 1.84434 1.55146 13.4774 13.5597 0.02402 0.68347 2.07737 2.76084 0.62879 0.92830 1.55709 — 2,737.66 2,737.66 0.13211 0.08805 0.03374 2,767.23 Average
Daily
— — — — — — — — — — — — — — — — — —
2026 0.07443 0.06217 0.51569 0.58315 0.00097 0.02108 0.03098 0.05206 0.01941 0.00895 0.02836 — 109.685 109.685 0.00493 0.00281 0.02140 110.667 Annual — — — — — — — — — — — — — — — — — —
2026 0.01358 0.01135 0.09411 0.10642 0.00018 0.00385 0.00565 0.00950 0.00354 0.00163 0.00518 — 18.1597 18.1597 0.00082 0.00047 0.00354 18.3222
2.2.2. Onsite Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily -
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily -
Winter
(Max)
— — — — — — — — — — — — — — — — — —
2026 1.81036 1.52120 13.4444 13.1519 0.02124 0.68347 1.97934 2.66281 0.62879 0.90532 1.53411 — 2,295.70 2,295.70 0.09312 0.01862 0.00000 2,303.58 Average
Daily
— — — — — — — — — — — — — — — — — —
2026 0.07049 0.05971 0.49918 0.54310 0.00089 0.02094 0.02063 0.04157 0.01926 0.00641 0.02567 — 91.2266 91.2266 0.00370 0.00074 0.00000 91.5397 Annual — — — — — — — — — — — — — — — — — —
2026 0.01286 0.01090 0.09110 0.09912 0.00016 0.00382 0.00377 0.00759 0.00352 0.00117 0.00468 — 15.1036 15.1036 0.00061 0.00012 0.00000 15.1554
2.2.3. Offsite Construction Emissions by Year, Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Year TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily -
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily -
Winter
(Max)
— — — — — — — — — — — — — — — — — —
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2026 0.09491 0.07060 0.54412 0.95160 0.00278 0.00529 0.24195 0.24724 0.00529 0.06109 0.06638 — 534.072 534.072 0.04273 0.07017 0.03374 556.086 Average
Daily
— — — — — — — — — — — — — — — — — —
2026 0.00394 0.00246 0.01652 0.04004 0.00008 0.00014 0.01035 0.01049 0.00014 0.00254 0.00269 — 18.4587 18.4587 0.00123 0.00207 0.02140 19.1273 Annual — — — — — — — — — — — — — — — — — —
2026 0.00072 0.00045 0.00301 0.00731 0.00001 0.00003 0.00189 0.00191 0.00003 0.00046 0.00049 — 3.05606 3.05606 0.00020 0.00034 0.00354 3.16675
3. Construction Emissions Details
3.1. Demolition (2026)
3.1.1. Onsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
1.53930 1.29051 11.9082 12.7082 0.02124 0.47352 — 0.47352 0.43563 — 0.43563 — 2,203.59 2,203.59 0.08939 0.01788 — 2,211.15 Demoliti
on
— — — — — — 0.32964 0.32964 — 0.04992 0.04992 — — — — — — — Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.04217 0.03536 0.32625 0.34817 0.00058 0.01297 — 0.01297 0.01194 — 0.01194 — 60.3722 60.3722 0.00245 0.00049 — 60.5794 2719
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Demoliti — — — — — — 0.00903 0.00903 — 0.00137 0.00137 — — — — — — — Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00770 0.00645 0.05954 0.06354 0.00011 0.00237 — 0.00237 0.00218 — 0.00218 — 9.99531 9.99531 0.00041 0.00008 — 10.0296 Demoliti
on
— — — — — — 0.00165 0.00165 — 0.00025 0.00025 — — — — — — — Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.1.2. Offsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.04530 0.04034 0.04398 0.54377 0.00000 0.00000 0.13071 0.13071 0.00000 0.03064 0.03064 — 126.581 126.581 0.00198 0.00496 0.01225 128.122 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.04960 0.00582 0.50014 0.27553 0.00278 0.00529 0.11124 0.11653 0.00529 0.03046 0.03575 — 407.491 407.491 0.04074 0.06521 0.02149 427.964 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.00124 0.00111 0.00132 0.01567 0.00000 0.00000 0.00353 0.00353 0.00000 0.00083 0.00083 — 3.51669 3.51669 0.00005 0.00014 0.00559 3.56414 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00137 0.00017 0.01379 0.00752 0.00008 0.00014 0.00302 0.00316 0.00014 0.00083 0.00097 — 11.1616 11.1616 0.00112 0.00179 0.00979 11.7317 Annual — — — — — — — — — — — — — — — — — —
Worker 0.00023 0.00020 0.00024 0.00286 0.00000 0.00000 0.00064 0.00064 0.00000 0.00015 0.00015 — 0.58223 0.58223 0.00001 0.00002 0.00093 0.59008 2720
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Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00025 0.00003 0.00252 0.00137 0.00001 0.00003 0.00055 0.00058 0.00003 0.00015 0.00018 — 1.84793 1.84793 0.00018 0.00030 0.00162 1.94232
3.2. Site Preparation (2026)
3.2.1. Onsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.72330 0.60777 5.10078 6.09335 0.00846 0.31569 — 0.31569 0.29043 — 0.29043 — 916.873 916.873 0.03719 0.00744 — 920.020 Dust
From
Material
Movement
— — — — — — 0.27573 0.27573 — 0.02977 0.02977 — — — — — — — Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00198 0.00167 0.01397 0.01669 0.00002 0.00086 — 0.00086 0.00080 — 0.00080 — 2.51198 2.51198 0.00010 0.00002 — 2.52060 Dust
From
Material
Movement
— — — — — — 0.00076 0.00076 — 0.00008 0.00008 — — — — — — — 2721
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Onsite 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 truck
Annual — — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00036 0.00030 0.00255 0.00305 <
0.000005
0.00016 — 0.00016 0.00015 — 0.00015 — 0.41589 0.41589 0.00002 <
0.000005
— 0.41731
Dust
From
Material
Movement
— — — — — — 0.00014 0.00014 — 0.00001 0.00001 — — — — — — — Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.2.2. Offsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.02265 0.02017 0.02199 0.27189 0.00000 0.00000 0.06535 0.06535 0.00000 0.01532 0.01532 — 63.2907 63.2907 0.00099 0.00248 0.00612 64.0608 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.00006 0.00006 0.00007 0.00078 0.00000 0.00000 0.00018 0.00018 0.00000 0.00004 0.00004 — 0.17583 0.17583 <
0.000005
0.00001 0.00028 0.17821
Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — — — — — — — — —
2722
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Worker 0.00001 0.00001 0.00001 0.00014 0.00000 0.00000 0.00003 0.00003 0.00000 0.00001 0.00001 — 0.02911 0.02911 <
0.000005
<
0.000005
0.00005 0.02950
Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.3. Grading (2026)
3.3.1. Onsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
1.81036 1.52120 13.4444 13.1519 0.02119 0.68347 — 0.68347 0.62879 — 0.62879 — 2,295.70 2,295.70 0.09312 0.01862 — 2,303.58 Dust
From
Material
Movement
— — — — — — 1.97934 1.97934 — 0.90532 0.90532 — — — — — — — Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00992 0.00834 0.07367 0.07207 0.00012 0.00375 — 0.00375 0.00345 — 0.00345 — 12.5792 12.5792 0.00051 0.00010 — 12.6224 2723
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Dust — — — — — — 0.01085 0.01085 — 0.00496 0.00496 — — — — — — — From
Material
Movement
Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00181 0.00152 0.01344 0.01315 0.00002 0.00068 — 0.00068 0.00063 — 0.00063 — 2.08263 2.08263 0.00008 0.00002 — 2.08978 Dust
From
Material
Movement
— — — — — — 0.00198 0.00198 — 0.00091 0.00091 — — — — — — — Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.3.2. Offsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.03398 0.03026 0.03299 0.40783 0.00000 0.00000 0.09803 0.09803 0.00000 0.02298 0.02298 — 94.9361 94.9361 0.00149 0.00372 0.00919 96.0912 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.00019 0.00017 0.00020 0.00235 0.00000 0.00000 0.00053 0.00053 0.00000 0.00012 0.00012 — 0.52750 0.52750 0.00001 0.00002 0.00084 0.53462 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 2724
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Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — — — — — — — — —
Worker 0.00003 0.00003 0.00004 0.00043 0.00000 0.00000 0.00010 0.00010 0.00000 0.00002 0.00002 — 0.08733 0.08733 <
0.000005
<
0.000005
0.00014 0.08851
Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.4. Paving (2026)
3.4.1. Onsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.70931 0.59236 5.08355 6.24017 0.01028 0.21386 — 0.21386 0.19676 — 0.19676 — 972.711 972.711 0.03946 0.00789 — 976.049 Paving 0.05240 0.05240 — — — — — — — — — — — — — — — —
Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00972 0.00811 0.06964 0.08548 0.00014 0.00293 — 0.00293 0.00270 — 0.00270 — 13.3248 13.3248 0.00054 0.00011 — 13.3705 Paving 0.00072 0.00072 — — — — — — — — — — — — — — — —
Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 2725
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Annual — — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00177 0.00148 0.01271 0.01560 0.00003 0.00053 — 0.00053 0.00049 — 0.00049 — 2.20607 2.20607 0.00009 0.00002 — 2.21364 Paving 0.00013 0.00013 — — — — — — — — — — — — — — — —
Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.4.2. Offsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.07928 0.07060 0.07697 0.95160 0.00000 0.00000 0.22874 0.22874 0.00000 0.05362 0.05362 — 221.518 221.518 0.00347 0.00868 0.02143 224.213 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.00109 0.00097 0.00115 0.01371 0.00000 0.00000 0.00309 0.00309 0.00000 0.00072 0.00072 — 3.07711 3.07711 0.00005 0.00012 0.00489 3.11863 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — — — — — — — — —
Worker 0.00020 0.00018 0.00021 0.00250 0.00000 0.00000 0.00056 0.00056 0.00000 0.00013 0.00013 — 0.50945 0.50945 0.00001 0.00002 0.00081 0.51632 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 2726
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3.5. Architectural Coating (2026)
3.5.1. Onsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.19410 0.16041 1.14193 1.51044 0.00230 0.03087 — 0.03087 0.02840 — 0.02840 — 178.006 178.006 0.00722 0.00144 — 178.617 Architect
ural
Coating
s
0.24235 0.24235 — — — — — — — — — — — — — — — —
Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Off-Roa
d
Equipm
ent
0.00266 0.00220 0.01564 0.02069 0.00003 0.00042 — 0.00042 0.00039 — 0.00039 — 2.43844 2.43844 0.00010 0.00002 — 2.44681 Architect
ural
Coating
s
0.00332 0.00332 — — — — — — — — — — — — — — — —
Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — — — — — — — — —
2727
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< — 0.40510
0.000005
Off-Roa 0.00049 0.00040 0.00285 0.00378 0.00001 0.00008 — 0.00008 0.00007 — 0.00007 — 0.40371 0.40371 0.00002 d
Equipm
Architect
ural
Coating
s
0.00061 0.00061 — — — — — — — — — — — — — — — —
Onsite
truck
0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000
3.5.2. Offsite - Unmitigated
Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Location TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Worker 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Average
Daily
— — — — — — — — — — — — — — — — — —
Worker 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Annual — — — — — — — — — — — — — — — — — —
Worker 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Vendor 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 Hauling 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 — 0.00000 0.00000 0.00000 0.00000 0.00000 0.00000 2728
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4. Operations Emissions Details
4.10. Soil Carbon Accumulation By Vegetation Type
4.10.1. Soil Carbon Accumulation By Vegetation Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Vegetati
on
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
4.10.2. Above and Belowground Carbon Accumulation by Land Use Type - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Land
Use
TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Total — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —2729
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Total — — — — — — — — — — — — — — — — — —
4.10.3. Avoided and Sequestered Emissions by Species - Unmitigated Criteria Pollutants (lb/day for daily, ton/yr for annual) and GHGs (lb/day for daily, MT/yr for annual) Species TOG ROG NOx CO SO2 PM10E PM10D PM10T PM2.5E PM2.5D PM2.5T BCO2 NBCO2 CO2T CH4 N2O R CO2e Daily,
Summer
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Daily,
Winter
(Max)
— — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
Annual — — — — — — — — — — — — — — — — — —
Avoided — — — — — — — — — — — — — — — — — —
2730
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Subtotal — — — — — — — — — — — — — — — — — —
Sequest
ered
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
Remove
d
— — — — — — — — — — — — — — — — — —
Subtotal — — — — — — — — — — — — — — — — — —
— — — — — — — — — — — — — — — — — — —
5. Activity Data
5.1. Construction Schedule
Phase Name Phase Type Start Date End Date Days Per Week Work Days per Phase Phase Description Demolition Demolition 10/1/2026 10/15/2026 5.00000 10.00000 — Site Preparation Site Preparation 10/16/2026 10/16/2026 5.00000 1.000000 — Grading Grading 10/19/2026 10/20/2026 5.00000 2.00000 — Paving Paving 10/21/2026 10/27/2026 5.00000 5.00000 —
Architectural Coating Architectural Coating 10/21/2026 10/27/2026 5.00000 5.00000 —
5.2. Off-Road Equipment
5.2.1. Unmitigated
Phase Name Equipment Type Fuel Type Engine Tier Number per Day Hours Per Day Horsepower Load Factor Demolition Concrete/Industrial
Saws
Diesel Average 1.000000 8.00000 33.0000 0.73000
Demolition Rubber Tired Dozers Diesel Average 1.000000 8.00000 367.000 0.40000 Demolition Tractors/Loaders/Back
hoes
Diesel Average 2.00000 8.00000 84.0000 0.37000
Site Preparation Graders Diesel Average 1.000000 8.00000 148.000 0.41000 2731
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Site Preparation Crawler Tractors Diesel Average 1.000000 8.00000 87.0000 0.43000 Grading Graders Diesel Average 1.000000 8.00000 148.000 0.41000 Grading Rubber Tired Dozers Diesel Average 1.000000 8.00000 367.000 0.40000 Grading Crawler Tractors Diesel Average 1.000000 8.00000 87.0000 0.43000 Paving Cement and Mortar
Mixers
Diesel Average 4.00000 8.00000 10.00000 0.56000
Paving Pavers Diesel Average 1.000000 8.00000 81.0000 0.42000 Paving Rollers Diesel Average 1.000000 8.00000 36.0000 0.38000 Paving Tractors/Loaders/Back
hoes
Diesel Average 1.000000 8.00000 84.0000 0.37000
Architectural Coating Air Compressors Diesel Average 1.000000 8.00000 37.0000 0.48000
5.3. Construction Vehicles
5.3.1. Unmitigated
Phase Name Trip Type One-Way Trips per Day Miles per Trip Vehicle Mix Demolition Worker 10.00000 18.5000 LDA,LDT1,LDT2
Demolition Vendor — 10.2000 HHDT,MHDT
Demolition Hauling 6.00000 20.0000 HHDT
Demolition Onsite truck — — HHDT
Site Preparation Worker 5.00000 18.5000 LDA,LDT1,LDT2
Site Preparation Vendor — 10.2000 HHDT,MHDT
Site Preparation Hauling 0.00000 20.0000 HHDT
Site Preparation Onsite truck — — HHDT
Grading Worker 7.50000 18.5000 LDA,LDT1,LDT2
Grading Vendor — 10.2000 HHDT,MHDT
Grading Hauling 0.00000 20.0000 HHDT
Grading Onsite truck — — HHDT
Paving Worker 17.5000 18.5000 LDA,LDT1,LDT2
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Paving Vendor — 10.2000 HHDT,MHDT
Paving Hauling 0.00000 20.0000 HHDT
Paving Onsite truck — — HHDT
Architectural Coating Worker 0.00000 18.5000 LDA,LDT1,LDT2 Architectural Coating Vendor — 10.2000 HHDT,MHDT
Architectural Coating Hauling 0.00000 20.0000 HHDT
Architectural Coating Onsite truck — — HHDT
5.4. Vehicles
5.4.1. Construction Vehicle Control Strategies
Non-applicable. No control strategies activated by user.
5.5. Architectural Coatings
Phase Name Residential Interior Area
Coated (sq ft)
Residential Exterior Area
Coated (sq ft)
Non-Residential Interior Area
Coated (sq ft)
Non-Residential Exterior Area
Coated (sq ft)
Parking Area Coated (sq ft)
Architectural Coating 0.00000 0.00000 0.00000 0.00000 261.360
5.6. Dust Mitigation
5.6.1. Construction Earthmoving Activities
Phase Name Material Imported (cy) Material Exported (cy) Acres Graded (acres) Material Demolished (Building Square Footage)
Acres Paved (acres)
Demolition 0.00000 0.00000 0.00000 5,136.00 0.00000
Site Preparation — — 1.000000 0.00000 0.00000
Grading — — 3.00000 0.00000 0.00000
Paving 0.00000 0.00000 0.00000 0.00000 0.10000
5.6.2. Construction Earthmoving Control Strategies
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Control Strategies Applied Frequency (per day) PM10 Reduction PM2.5 Reduction Water Exposed Area 3 74% 74%
Water Demolished Area 2 36% 36%
5.7. Construction Paving
Phase Name Land Use Area Paved (acres) % Asphalt
Paving Parking Lot 0.10000 100%
5.8. Construction Electricity Consumption and Emissions Factors kWh per Year and Emission Factor (lb/MWh)
Year kWh per Year CO2 CH4 N2O
2026 0.00000 531.983 0.03300 0.00400
5.18. Vegetation
5.18.1. Land Use Change
5.18.1.1. Unmitigated
Vegetation Land Use Type Vegetation Soil Type Initial Acres Final Acres
5.18.1. Biomass Cover Type
5.18.1.1. Unmitigated
Biomass Cover Type Initial Acres Final Acres
5.18.2. Sequestration
5.18.2.1. Unmitigated
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Tree Type Number Electricity Saved (kWh/year) Natural Gas Saved (btu/year)
6. Climate Risk Detailed Report
6.1. Climate Risk Summary
Cal-Adapt midcentury 2040–2059 average projections for four hazards are reported below for your project location. These are under Representation Concentration Pathway (RCP) 8.5 which assumes GHG emissions will continue to rise strongly through 2050 and then plateau around 2100.
Climate Hazard Result for Project Location Unit
Temperature and Extreme Heat 19.5500 annual days of extreme heat Extreme Precipitation 6.05000 annual days with precipitation above 20 mm Sea Level Rise — meters of inundation depth
Wildfire 0.00000 annual hectares burned
Temperature and Extreme Heat data are for grid cell in which your project are located. The projection is based on the 98th historical percentile of daily maximum/minimum temperatures from observed historical data (32 climate model ensemble from Cal-Adapt, 2040–2059 average under RCP 8.5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Extreme Precipitation data are for the grid cell in which your project are located. The threshold of 20 mm is equivalent to about ¾ an inch of rain, which would be light to moderate rainfall if received over a full day or heavy rain if received over a period of 2 to 4 hours. Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
Sea Level Rise data are for the grid cell in which your project are located. The projections are from Radke et al. (2017), as reported in Cal-Adapt (Radke et al., 2017, CEC-500-2017-008), and consider inundation location and depth for the San Francisco Bay, the Sacramento-San Joaquin River Delta and California coast resulting different increments of sea level rise coupled with extreme storm events. Users may select from four scenarios to view the range in potential inundation depth for the grid cell. The four scenarios are: No rise, 0.5 meter, 1.0 meter, 1.41 meters Wildfire data are for the grid cell in which your project are located. The projections are from UC Davis, as reported in Cal-Adapt (2040–2059 average under RCP 8.5), and consider historical data of climate, vegetation, population density, and large (> 400 ha) fire history. Users may select from four model simulations to view the range in potential wildfire probabilities for the grid cell. The four simulations make different assumptions about expected rainfall and temperature are: Warmer/drier (HadGEM2-ES), Cooler/wetter (CNRM-CM5), Average conditions (CanESM2), Range of different rainfall and temperature possibilities (MIROC5). Each grid cell is 6 kilometers (km) by 6 km, or 3.7 miles (mi) by 3.7 mi.
6.2. Initial Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 2 0 0 N/A
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 0 0 N/A
Wildfire 1 0 0 N/A
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
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Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 0 0 0 N/A
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores do not include implementation of climate risk reduction measures.
6.3. Adjusted Climate Risk Scores
Climate Hazard Exposure Score Sensitivity Score Adaptive Capacity Score Vulnerability Score Temperature and Extreme Heat 2 1 1 3
Extreme Precipitation N/A N/A N/A N/A
Sea Level Rise 1 1 1 2
Wildfire 1 1 1 2
Flooding N/A N/A N/A N/A
Drought N/A N/A N/A N/A
Snowpack Reduction N/A N/A N/A N/A
Air Quality Degradation 1 1 1 2
The sensitivity score reflects the extent to which a project would be adversely affected by exposure to a climate hazard. Exposure is rated on a scale of 1 to 5, with a score of 5 representing the greatest exposure.
The adaptive capacity of a project refers to its ability to manage and reduce vulnerabilities from projected climate hazards. Adaptive capacity is rated on a scale of 1 to 5, with a score of 5 representing the greatest ability to adapt.
The overall vulnerability scores are calculated based on the potential impacts and adaptive capacity assessments for each hazard. Scores include implementation of climate risk reduction measures.
6.4. Climate Risk Reduction Measures
7. Health and Equity Details
7.1. CalEnviroScreen 4.0 Scores
The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. 2736
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Indicator Result for Project Census Tract
Exposure Indicators —
AQ-Ozone 84.5800
AQ-PM 97.3367
AQ-DPM 97.5233
Drinking Water 93.2684
Lead Risk Housing 72.9553
Pesticides 1.65517
Toxic Releases 62.0905
Traffic 34.7250
Effect Indicators —
CleanUp Sites 69.8208
Groundwater 59.6048
Haz Waste Facilities/Generators 94.0569
Impaired Water Bodies 0.00000
Solid Waste 91.0424
Sensitive Population —
Asthma 59.0105
Cardio-vascular 71.9716
Low Birth Weights 43.2256
Socioeconomic Factor Indicators —
Education 79.5874
Housing 87.2497
Linguistic 70.8756
Poverty 90.4774
Unemployment 3.21447
7.2. Healthy Places Index Scores
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The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
Indicator Result for Project Census Tract
Economic —
Above Poverty 30.82253304
Employed 25.70255357
Median HI 3.990760939
Education —
Bachelor's or higher 36.23764917
High school enrollment 100
Preschool enrollment 64.31412806
Transportation —
Auto Access 8.494803028
Active commuting 13.85859104
Social —
2-parent households 45.13024509
Voting 31.9645836
Neighborhood —
Alcohol availability 13.5249583
Park access 81.35506224
Retail density 86.15424099
Supermarket access 88.28435776
Tree canopy 58.14192224
Housing —
Homeownership 3.849608623
Housing habitability 26.02335429
Low-inc homeowner severe housing cost burden 58.46272296 Low-inc renter severe housing cost burden 22.2764019
Uncrowded housing 40.97266778
Health Outcomes — 2738
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Insured adults 6.685486975
Arthritis 41.4
Asthma ER Admissions 36.3
High Blood Pressure 56.0
Cancer (excluding skin) 55.0
Asthma 19.7
Coronary Heart Disease 43.7
Chronic Obstructive Pulmonary Disease 29.1
Diagnosed Diabetes 36.9
Life Expectancy at Birth 18.9
Cognitively Disabled 64.4
Physically Disabled 5.0
Heart Attack ER Admissions 25.3
Mental Health Not Good 27.8
Chronic Kidney Disease 35.4
Obesity 33.9
Pedestrian Injuries 90.6
Physical Health Not Good 30.9
Stroke 34.3
Health Risk Behaviors—
Binge Drinking 41.7
Current Smoker 29.7
No Leisure Time for Physical Activity 36.0
Climate Change Exposures—
Wildfire Risk 0.0
SLR Inundation Area 0.0
Children 10.6
Elderly 30.4
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English Speaking 14.1
Foreign-born 61.3
Outdoor Workers 85.0
Climate Change Adaptive Capacity —
Impervious Surface Cover 50.9
Traffic Density 31.4
Traffic Access 87.4
Other Indices —
Hardship 78.4
Other Decision Support —
2016 Voting 42.5
7.3. Overall Health & Equity Scores
Metric Result for Project Census Tract
CalEnviroScreen 4.0 Score for Project Location (a) 90.0000 Healthy Places Index Score for Project Location (b) 17.0000 Project Located in a Designated Disadvantaged Community (Senate Bill 535) Yes Project Located in a Low-Income Community (Assembly Bill 1550) Yes Project Located in a Community Air Protection Program Community (Assembly Bill 617) No a: The maximum CalEnviroScreen score is 100. A high score (i.e., greater than 50) reflects a higher pollution burden compared to other census tracts in the state. b: The maximum Health Places Index score is 100. A high score (i.e., greater than 50) reflects healthier community conditions compared to other census tracts in the state.
7.4. Health & Equity Measures
No Health & Equity Measures selected.
7.5. Evaluation Scorecard
Health & Equity Evaluation Scorecard not completed.
7.6. Health & Equity Custom Measures
No Health & Equity Custom Measures created. 2740
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8. User Changes to Default Data
8.1. Justifications
Screen Justification
Land Use The total Project site acreage is 0.1 acres.
Construction: Construction Phases Paving, and Architectural Coating overlap to present a conservative analysis Construction: Off-Road Equipment T/L/B replaced with Crawler Tractor to accurately calculate disturbance for Site Preparation and Grading phases. Standard 8 hours work days.
8.3. Land Use
Model Parameter Units Default Value New Value
Lot Area acre 0.14400 0.10000
Landscape Area sq. ft — 0.00000
8.4. Construction
8.4.1. Construction Phases
Phase Type Phase Name Model Parameter Default Value New Value Site Preparation Site Preparation End Date 10/17/2026 10/16/2026 Grading Grading Start Date 10/18/2026 10/19/2026
Paving Paving Start Date 3/11/2027 10/21/2026
Paving Paving End Date 3/18/2027 10/27/2026
Architectural Coating Architectural Coating Start Date 3/19/2027 10/21/2026 Architectural Coating Architectural Coating End Date 3/26/2027 10/27/2026
8.4.2. Off-Road Equipment
Phase Name Equipment Type Model Parameter Default Value New Value 2741
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Demolition Rubber Tired Dozers Hours Per Day 1.000000 8.00000 Demolition Tractors/Loaders/Backhoes Hours Per Day 6.00000 8.00000 Grading Graders Hours Per Day 6.00000 8.00000
Grading Rubber Tired Dozers Hours Per Day 6.00000 8.00000 Paving Cement and Mortar Mixers Hours Per Day 6.00000 8.00000 Paving Pavers Hours Per Day 7.00000 8.00000
Paving Rollers Hours Per Day 7.00000 8.00000
Paving Tractors/Loaders/Backhoes Hours Per Day 7.00000 8.00000 Architectural Coating Air Compressors Hours Per Day 6.00000 8.00000 2742
CEQA 32 Exemption – 434 N. Euclid Avenue
Attachments
Attachment C:
Noise Assessment
2743
TECHNICAL MEMORANDUM
20341 SW Birch Street | Suite 230 | Newport Beach, CA 92660 | (949) 660-1994 | urbanxroads.com DATE: April 7, 2026
TO: Nicole Morse, T&B Planning
FROM: Haseeb Qureshi, Urban Crossroads, Inc.
JOB NO: 16931-02
SUBJECT: NORTH EUCLID AVENUE SURFACE PARKING LOTNOISE
ASSESSMENT
Urban Crossroads, Inc. has completed the following Noise Assessment for the North Euclid Avenue Surface Parking Lot (Project), which is located on the southeast corner of North Euclid Avenue and West E Street in the City of Ontario.
PROJECT OVERVIEW
The Project includes the development of a surface parking lot with an estimated 16 new parking spaces on a 0.1-acre parcel (APN: 1048-363-01). The Project would consist of the demolition of the existing use (an out-of-service gas station) and the redevelopment of the site as a paved public parking lot.
The purpose of this Noise Assessment is to evaluate the potential Project-related noise impacts associated with the development of a surface parking lot, as shown on Exhibit 1.
SUMMARY OF FINDINGS
The Noise Assessment shows that the Project will not exceed the established City of Ontario operational or construction noise thresholds. Therefore, the Project’s operational and construction noise impacts are considered less than significant at the nearby noise-sensitive receiver locations.
NOISE FUNDAMENTALS
Noise is simply defined as "unwanted sound." Sound becomes unwanted when it interferes with normal activities, when it causes actual physical harm, or when it has adverse effects on health.
Noise is measured on a logarithmic scale of sound pressure level known as a decibel (dB). Aweighted decibels (dBA) approximate the subjective response of the human ear to broad frequency noise source by discriminating against very low and very high frequencies of the audible spectrum.
They are adjusted to reflect only those frequencies that are audible to the human ear. Exhibit 2 presents a summary of the typical noise levels and their subjective loudness and effects that are described in more detail below.
2744
16931-02 Noise Memo 2 North Euclid Avenue Surface Parking Lot EXHIBIT 1: LOCATION MAP
2745
16931-02 Noise Memo 3 North Euclid Avenue Surface Parking Lot Since the range of intensities the human ear can detect is so large, the scale most commonly used to measure intensity is the logarithmic scale, based on multiples of 10. The scale for measuring intensity is the decibel scale. Each interval of 10 decibels indicates a sound energy ten times greater than before, which is perceived by the human ear as being roughly twice as loud. (1) The most common sounds vary between 40 dBA (very quiet) to 100 dBA (very loud). Normal conversation at three feet is roughly at 60 dBA, while loud jet flyover noises equate to 110 dBA at approximately 1,000 feet, which can cause serious discomfort. (2) Another important aspect of noise is the duration of the sound and the way it is described and distributed in time.
EXHIBIT 2: TYPICAL NOISE LEVELS
RECEIVER LOCATIONS
To assess the potential for noise impacts, the following receiver locations, as shown in Exhibit 3, were identified as representative locations for analysis. Sensitive uses or receivers are generally defined as locations where people reside or where the presence of unwanted sound could otherwise adversely affect the use of the land. To describe the potential off-site Project noise levels, six receiver locations in the vicinity of the Project site were identified, including the location of the nearest existing noise-sensitive residential receiver (R1), located approximately 209 feet northeast of the Project site boundary.
The selection of receiver locations is based on FHWA guidelines and is consistent with additional guidance provided by Caltrans and the FTA. Other sensitive land uses in the Project study area that are located at greater distances than those identified in this noise study will experience lower noise 2746
16931-02 Noise Memo 4 North Euclid Avenue Surface Parking Lot levels than those presented in this report due to the additional attenuation from distance and the shielding of intervening structures.
EXHIBIT 3: RECEIVER LOCATIONS
OPERATIONAL NOISE STANDARDS
To analyze noise impacts originating from a designated fixed location or private property, such as the Project, stationary-source (operational) noise levels are evaluated against standards established under a City’s Municipal Code. The City of Ontario requires that noise from new stationary sources comply with the Noise Ordinance, which limits the acceptable noise at the property line of the impacted property, to reduce nuisances to sensitive land uses. Compliance with the City of Ontario Noise Ordinance would result in noise levels that are acceptable and would result in less than 2747
16931-02 Noise Memo 5 North Euclid Avenue Surface Parking Lot significant noise impacts from stationary sources. The City of Ontario Municipal Code, Title 5, Chapter 29 noise standards are included in Appendix A.
Section 5-29.04(a) identifies the allowable daytime and nighttime ambient exterior noise standards for each land use type. For residential land uses (Noise Zone I), ambient exterior noise levels may not exceed 65 dBA Leq. For Noise Zone I, ambient exterior noise levels may not exceed 65 dBA Leq during the daytime hours (7:00 a.m. to 10:00 p.m.) and may not exceed 45 dBA Leq during the nighttime hours (10:00 p.m. to 7:00 a.m.) (3). The lower noise level standard shall apply on the boundary between two (2) different noise zones. If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard. The maximum acceptable Project-related operational noise levels received at off-site land uses in the City of Ontario are identified in Table 1.
TABLE 1: OPERATIONAL NOISE STANDARDS
Noise Zone Land Use
Exterior Noise Levels (dBA Leq)2
Daytime
(7am-10pm)
Nighttime
(10pm-7am)
I Single-Family Residential 65.0 45.0
II Multi-Family Residential 65.0 50.0
III Commercial 65.0 60.0
IV Residential Mixed-Use 70.0 70.0
V Manufacturing and Industrial 70.0 70.0
1 Section 5-29.04 of the City of Ontario Municipal Code (Appendix A). 2 Leq represents a steady state sound level containing the same total energy as a time-varying signal over a given period.
NOISE PREDICTION MODEL
To fully describe the exterior operational noise levels from the Project, Urban Crossroads, Inc. developed a noise prediction model using the CadnaA (Computer Aided Noise Abatement) computer program. CadnaA can analyze multiple types of noise sources using the spatially accurate Project site plan, georeferenced Nearmap aerial imagery, topography, buildings, and barriers in its calculations to predict outdoor noise levels. Using the ISO 9613-2 protocol, CadnaA will calculate the distance from each noise source to the noise receiver locations, using the ground absorption, distance, and barrier/building attenuation inputs to provide a summary of noise level at each receiver and the partial noise level contributions by noise source. The noise level calculations provided in this noise assessment account for the distance attenuation provided due to geometric spreading, when sound from a localized stationary source (i.e., a point source) propagates uniformly outward in a spherical pattern. A default ground attenuation factor of 0.5 was used in the CadnaA noise analysis to account for mixed ground representing a combination of hard and soft surfaces.
OPERATIONAL NOISE ANALYSIS
This section analyzes the potential stationary-source operational noise impacts at the nearby receiver locations resulting from the operation of the Project.
OPERATIONAL NOISE SOURCES
The Project-related noise sources are expected to be limited to parking lot vehicle movements. As a conservative assumption, the parking lot vehicle movements are assumed to occur throughout the 2748
16931-02 Noise Memo 6 North Euclid Avenue Surface Parking Lot day and night. To estimate the Project operational noise impacts, reference noise level measurements were collected from similar activities to represent the noise levels expected with the development of the Project. While sound pressure levels (e.g., Leq) quantify in decibels the intensity of given sound sources at a reference distance, sound power levels (Lw) are connected to the sound source and are independent of distance. Sound pressure levels vary substantially with distance from the source and diminish because of intervening obstacles and barriers, air absorption, wind, and other factors. Sound power is the acoustical energy emitted by the sound source and is an absolute value that is not affected by the environment. The reference project operational and sound power levels are summarized below in Table 2. The reference project operational noise levels are based on the Project-related noise source activities shown on Exhibit 4.
TABLE 2: REFERENCE NOISE LEVELS
Noise Source1
Noise
Source
Height
(Feet)
Min./
Hour2
Reference
Noise Level
(dBA Leq)
@ 50 Feet
Sound
Power
Level
(dBA) Day Night 3
Parking Lot Vehicle Movements 5' 60 60 52.6 73.4
1 As measured by Urban Crossroads, Inc.
2 Anticipated duration (minutes within the hour) of noise activity during typical hourly conditions expected at the Project site. "Daytime" = 7:00 a.m. - 10:00 p.m.; "Nighttime" = 10:00 p.m. - 7:00 a.m. 3 Sound power level represents the total amount of acoustical energy (noise level) produced by a sound source independent of distance or surroundings. Sound power levels calculated using the CadnaA noise model at the reference distance to the noise source.
OPERATIONAL NOISE LEVEL COMPLIANCE
Using the reference noise levels to represent the proposed Project operations, Urban Crossroads, Inc., calculated the operational source noise levels and the Project-related noise level increases that would be experienced at each of the sensitive receiver locations. Table 3 shows that the Project operational noise levels are expected to range from 14.3 to 21.9 dBA Leq during daytime and nighttime hours at nearby sensitive receiver locations. Operational noise calculations are provided in Appendix B.
To demonstrate compliance with local noise regulations, the Project-only operational noise levels are evaluated against exterior noise level thresholds based on the City of Ontario exterior noise level standards at nearby noise-sensitive receiver locations. Table 3 shows that the operational noise levels associated with the Project will not exceed the City of Ontario 65 dBA Leq daytime or 45 dBA Leq nighttime exterior noise level standards. Therefore, the operational noise impacts are considered less than significant at the nearby noise-sensitive receiver locations. 2749
16931-02 Noise Memo 7 North Euclid Avenue Surface Parking Lot EXHIBIT 4: OPERATIONAL NOISE SOURCE LOCATIONS
2750
16931-02 Noise Memo 8 North Euclid Avenue Surface Parking Lot TABLE 3: OPERATIONAL NOISE LEVEL COMPLIANCE
Receiver
Location1
Land
Use
Project Operational
Noise Levels
(dBA Leq)2
Noise Level
Standards
(dBA Leq)3
Noise Level
Standards Exceeded?4
Daytime Nighttime Daytime Nighttime Daytime Nighttime
R1 Residential 21.9 21.9 65 45 No No
R2 Residential 19.0 19.0 65 45 No No
R3 Residential 17.6 17.6 65 45 No No
R4 Residential 17.8 17.8 65 45 No No
R5 Church 17.0 17.0 65 45 No No
R6 Residential 14.3 14.3 65 45 No No
1 See Exhibit 3 for the receiver locations.
2 Proposed Project operational noise calculations are included in Appendix B. 3 Exterior noise level standards.
4 Do the estimated Project operational noise source activities exceed the noise level standards? 5 Receiver locations do not include any noise sensitive nighttime use. "Daytime" = 7:00 a.m. - 10:00 p.m.; "Nighttime" = 10:00 p.m. - 7:00 a.m.
CONSTRUCTION NOISE ANALYSIS
This section analyzes potential impacts resulting from the short-term construction activities associated with the development of the Project.
CONSTRUCTION NOISE STANDARDS
The City of Ontario has set restrictions to control noise impacts associated with construction.
Section 5-29.09 of the Municipal Code states: “No person, while engaged in construction, remodeling, digging, grading, demolition or any other related building activity, shall operate any tool, equipment or machine in a manner that produces loud noise that disturbs a person of normal sensitivity who works or resides in the vicinity, or a Police or Code Enforcement Officer, on any weekday except between the hours of 7:00 a.m. and 6:00 p.m. or on Saturday or Sunday between the hours of 9:00 a.m. and 6:00 p.m.” (3) While the City establishes limits to the hours during which construction activity may take place, it does not identify specific noise level limits for construction noise levels at potentially affected receiver locations for CEQA analysis purposes.
Construction noise would be considered significant if construction activities occur outside of the hours specified (7:00 AM and 6:00 PM weekdays and 9:00 AM to 6:00 PM weekends, excluding federal holidays) or if construction activities substantially elevate the ambient noise environment at noise-sensitive uses for a substantial period. It is assumed that the Modified Project construction activities would comply with the City’s hour-of-activity restrictions, thereby precluding construction activities during noise-sensitive time periods. However, neither the City of Ontario General Plan Noise Element nor Municipal Codes establishes numeric maximum acceptable construction source noise levels at potentially affected receivers, which would allow for a quantified determination of what CEQA constitutes a substantial temporary or permanent increase in ambient noise levels. Therefore, a numerical construction threshold based on the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual is used for analysis of daytime construction impacts. The FTA considers a daytime exterior 2751
16931-02 Noise Memo 9 North Euclid Avenue Surface Parking Lot construction noise level of 80 dBA Leq as a reasonable threshold for noise-sensitive land use. (4 p. 179)
CONSTRUCTION NOISE COMPLIANCE
To describe construction noise activities, this construction noise analysis was prepared using reference construction equipment noise levels from the Federal Highway Administration (FHWA) Roadway Construction Noise (4 p. 179) Model (RCNM), which includes a national database of construction equipment reference noise emission levels. (5) Using a reasonable worst-case construction equipment reference noise level of 87.0 dBA Leq, which represents demolition activities, calculations of the Project construction noise level impacts at the nearby sensitive receiver locations were completed using the CadnaA noise prediction model. To account for the dynamic nature of construction activities, the CadnaA construction noise analysis evaluates the equipment as multiple moving point sources within the construction area (Project site boundary).
As shown inTable 4, the construction noise levels are expected to range from 62.9 to 70.5 dBA Leq at the nearby receiver locations. The construction noise analysis shows that the nearest receiver locations will not exceed the reasonable daytime 80 dBA Leq significance threshold during Project construction activities. Therefore, the noise impacts due to the Project construction are considered less than significant at all receiver locations. Appendix C includes the detailed CadnaA construction noise model calculations.
TABLE 4: CONSTRUCTION NOISE LEVEL COMPLIANCE
Receiver
Location1
Construction Noise Levels (dBA Leq)
Highest
Construction
Noise Levels2
Threshold3
Threshold
Exceeded?4
R1 70.5 80 No
R2 67.7 80 No
R3 66.2 80 No
R4 66.4 80 No
R5 65.6 80 No
R6 62.9 80 No
1 Receiver locations as shown on Exhibit 3.
2 Highest construction noise level calculations based on distance from the construction noise source activity to the nearest receiver locations.
3 Construction noise level thresholds.
4 Do the estimated Project construction noise levels exceed the construction noise level threshold? 2752
16931-02 Noise Memo 10 North Euclid Avenue Surface Parking Lot
REFERENCES
1. California Department of Transportation Environmental Program. Technical Noise Supplement - A Technical Supplement to the Traffic Noise Analysis Protocol. Sacramento, CA : s.n., September 2013.
2. Environmental Protection Agency Office of Noise Abatement and Control. Information on Levels of Environmental Noise Requisite to Protect Public Health and Welfare with an Adequate Margin of Safety. March 1974. EPA/ONAC 550/9/74-004.
3. City of Ontario. Municipal Code, Chapter 29, Section 5- Noise.
4. U.S. Department of Transportation, Federal Transit Administration. Transit Noise and Vibration Impact Assessment Manual. September 2018.
5. U.S. Department of Transportation, Federal Highway Administration, Office of Environment and Planning. FHWA Roadway Construction Noise Model. January, 2006. 2753
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16931-03 Noise Memo North Euclid Avenue Surface Parking Lot APPENDIX A:
CITY OF ONTARIO NOISE ORDINANCE
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CHAPTER 29: NOISE
5-29.01 Declaration of findings and policy
5-29.02 Definitions
5-29.03 Designated noise zones
5-29.04 Exterior noise standards
5-29.05 Interior noise standards
5-29.06 Exemptions
5-29.07 Loud and disturbing noise
5-29.08 Real property maintenance noise regulations
5-29.09 Construction activity noise regulations
5-29.10 Other public agency exceptions
5-29.11 Schools, day care centers, churches, libraries, museums, health care institutions; Special provisions
5-29.12 Sound amplifying equipment
5-29.13 Amplified sound
5-29.14 Motor vehicles
5-29.15 Noise level measurement
5-29.16 Prima facie violation
5-29.17 Penalty
5-29.18 Enforcement and administration
5-29.19 City Manager waiver
5-29.20 Noise abatement program
Sec. 5-29.01. Declaration of findings and policy.
It is hereby found and declared that:
(a) The making and creation of excessive, unnecessary or unusually loud noises within the limits of the City is a condition that has existed for some time, however, the extent and volume of such noises is increasing;
(b) The making, creation or maintenance of such excessive, unnecessary, unnatural or unusually loud noises that are prolonged, unusual and unnatural in their time, place and use affect and are a detriment to public health, comfort, convenience, safety, welfare and prosperity of the residents of the City; and
(c) The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted, is declared as a matter of legislative determination and public policy, and it is further declared 2757
that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity and the peace and quiet of the residents of the City. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.02. Definitions.
As used in this chapter, specific words and phrases are defined as follows:
(a) "Ambient noise level" shall mean the all-encompassing noise level associated with a given environment and is a composite of sounds from all sources, excluding the alleged offensive noise or excessive sound, at the location and approximate time at which a comparison with the alleged offensive noise is to be made.
(b) "Applicable (noise) zone" shall mean the noise zone category based on the actual use of the property, provided that the actual use is a legal use in the City. (c) "A-weighted sound level" shall mean the sound pressure level in decibels (dBAs) as measured with a sound level meter using the A-weighted filter network (scale) at slow response and at a pressure of twenty (20) micropascals. The A-weighted filter de-emphasizes the very low and a very high frequency component of sound in a manner similar to the response of the human ear, and is a numerical method of rating human judgment of loudness.
(d) "Decibel (dBA)" shall mean a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of pressure of the sound measured to the reference pressure of twenty (20) micropascals.
(e) "Equivalent sound or noise level (Leq)" shall mean the International Electrotechnical Commission (IEC) 60804 Standard for measurement, or the most recent revision thereof, for the sound level corresponding to a steady state noise level over a given sample period with the same amount of acoustic energy as the actual time varying noise level or the energy average noise level during the sample period. The measurement period for the purposes of this chapter is fifteen (15) minutes.
(f) "Impulsive noise" shall mean a noise of short duration usually less than one (1) second and of high intensity, with an abrupt onset and rapid decay. Such objectionable noises may also be repetitive. (g) "Intrusive noise" shall mean that noise that intrudes over and above the ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, time of occurrence and tonal information content, as well as the prevailing ambient noise level. (h) "Maintenance" shall mean the upkeep, repair or preservation of existing property or structures. (i) "Noise" shall mean any unwanted sound or sound that is undesirable because it interferes with speech and hearing, or is intense enough to damage hearing or is otherwise annoying. (j) "Noise level (sound level)" shall mean the weighted sound pressure level obtained by use of a sound level meter having a standard frequency filter for attenuating part of the sound spectrum. For purposes of this chapter, all noise levels (sound levels) shall be A-weighted sound pressure level. (k) "Noise (sound) level meter" shall mean an instrument, including a microphone, an amplifier, an output meter and frequency weighting networks for the measurement and determination of noise and sound levels. For the purposes of this chapter, the sound level meter must meet the International Electrotechnical Commission (IEC) 60651 and 60804 Standards, or the most recent revisions thereof, for Type 1 sound level meters or an instrument and the associated recording and analyzing equipment that will provide equivalent data.
(§ 2, Ord. 2888, eff. March 6, 2008)
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Sec. 5-29.03. Designated noise zones.
The properties hereinafter described shall be assigned to the following noise zones:
Noise Zone I: All single-family residential properties; Noise Zone II: All multi-family residential properties and mobile home parks;
Noise Zone III: All commercial property;
Noise Zone IV: The residential portion of mixed use properties; Noise Zone V:
All manufacturing or industrial properties and all other uses.
The actual use of the property, and not necessarily its zoning designation, shall be the determining factor in establishing whether a property is in Noise Zone I, II, III, IV or V, provided that the actual use is a legal use within the applicable zone.
(§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.04. Exterior noise standards.
(a) The following exterior noise standards, unless otherwise specifically indicated, shall apply to all properties within a designated noise zone.
Allowable Exterior Noise Level (1) Allowed Equivalent Noise Level, Leq. (2)
Noise Zone Type of Land Use 7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I Single-Family Residential 65 dBA 45 dBA
II Multi-Family Residential, Mobile
Home Parks 65 dBA 50 dBA
III Commercial Property 65 dBA 60 dBA
IV Residential Portion of Mixed Use 70 dBA 70 dBA
V
Manufacturing and Industrial, Other
Uses 70 dBA 70 dBA
(1) If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.
(2) Measurements for compliance are made on the affected property pursuant to § 5-29.15. (b) It is unlawful for any person at any location within the incorporated area of the City to create noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which noise causes the noise level, when measured at any location on any other property, to exceed either of the following:
(1) The noise standard for the applicable zone for any fifteen-minute (15) period; and (2) A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response). 2759
(c) In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level. (d) The Noise Zone IV standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property or use, if the noise originates from that commercial property or use.
(e) If the measurement location is on a boundary between two (2) different noise zones, the lower noise level standard applicable to the noise zone shall apply. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.05. Interior noise standards.
(a) The following interior noise standards, unless otherwise specifically indicated, shall apply to all properties within a designated noise zone.
Allowable Interior Noise Level (1) Allowed Equivalent Noise Level, Leq. (2) Noise Zone Type of Land Use 7 a.m. to 10 p.m. 10 p.m. to 7 a.m.
I Single-Family Residential 45 dBA 40 dBA
II Multi-Family Residential, Mobile
Home Parks 45 dBA 40 dBA
IV Residential Portion of Mixed Use 45 dBA 40 dBA
(1) If the ambient noise level exceeds the resulting standard, the ambient noise level shall be the standard.
(2) Measurements for compliance are made on the affected property pursuant to § 5-29.15. (b) It is unlawful for any person at any location within the incorporated area of the City to create noise, or to allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which noise causes the noise level, when measured at any location on any other property, to exceed either of the following:
(1) The noise standard for the applicable zone for any fifteen-minute (15) period; (2) A maximum instantaneous (single instance) noise level equal to the value of the noise standard plus twenty (20) dBA for any period of time (measured using A-weighted slow response). (c) In the event the ambient noise level exceeds the noise standard, the maximum allowable noise level under such category shall be increased to reflect the maximum ambient noise level. (d) The Noise Zone IV standard shall apply to that portion of residential property falling within one hundred (100) feet of a commercial property or use, if the noise originates from that commercial property or use.
(e) If the measurement location is on a boundary between two (2) different noise zones, the lower noise level standard applicable to the noise zone shall apply. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.06. Exemptions.
The following activities shall be exempted from the provisions of this chapter:
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(a) Any activity conducted on public property, or on private property with the consent of the owner, by any public entity or its officers, employees, representatives, agents, subcontractors, permittees, licensees or lessees that the public entity has authorized are exempt from the provisions of this chapter. This includes, without limitation, sporting and recreational activities that are sponsored, cosponsored, permitted or allowed by the City or any school district within the City's jurisdictional boundaries. This also includes, without limitation, occasional outdoor gatherings, public dances, shows or sporting and entertainment events, provided such events are conducted pursuant to an approval, authorization, contract, lease, permit or sublease by the appropriate public entity, specifically the planning commission or City Council;
(b) Occasional outdoor gatherings, public dances, show, sporting and entertainment events, provided said events are conducted pursuant to a permit or license issued by the appropriate jurisdiction relative to the staging of said events;
(c) Any mechanical device, apparatus or equipment used, related to or connected with emergency machinery, vehicle, work or warning alarm or bell, provided the sounding of any bell or alarm on any building or motor vehicle shall terminate its operation within forty-five (45) minutes in any hour of its being activated;
(d) Noise sources associated with construction, repair, remodeling, demolition or grading of any real property. Such activities shall instead be subject to the provisions of § 5-29.09; (e) Noise sources associated with construction, repair, remodeling, demolition or grading of public rights-of-way or during authorized seismic surveys;
(f) All mechanical devices, apparatus or equipment associated with agriculture operations provided that:
(1) Operations do not take place between 8:00 p.m. and 7:00 a.m.; (2) Such operations and equipment are utilized for the protection or salvage of agricultural crops during periods of potential or actual frost damage or other adverse weather conditions; or (3) Such operations and equipment are associated with agricultural pest control through pesticide application, provided the application is made in accordance with permits issued by or regulations enforced by the California Department of Agriculture;
(g) Noise sources associated with the maintenance of real property. Such activities shall instead be subject to the provisions of § 5-29.08;
(h) Any activity to the extent regulation thereof has been preempted by state or federal law; (i) Any noise sources associated with people and/or music associated with a party at a residential property. Such noise shall be subject to the provisions of OMC § 5-29.07; (j) Any noise source emanating from an ice cream truck within the City. Such noise shall be subject to the provisions of OMC § 4-18.04;
(k) Any noise sources associated with barking dogs or other intermittent noises made by animals on any properly within the City. Such noise shall be subject to the provisions of OMC Chapter 1, Title 6;
(l) Noise sources related to uses approved by a permit or development agreement adopted prior to the date of adoption of this chapter and that contains acoustic or noise standard conditions of approval. This exemption shall only be applicable during the effective period of the City-approved permit or development agreement.
(§ 2, Ord. 2888, eff. March 6, 2008)
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Sec. 5-29.07. Loud and disturbing noise.
(a) It is unlawful for any person or property owner within the City to make, cause or allow to be made any loud, excessive, impulsive or intrusive noise, disturbance or commotion that disturbs the peace or quiet of any area or that causes discomfort or annoyance to any reasonable person of normal sensitivities in the area, after a Police or Code Enforcement Officer has first requested that the person or property owner cease and desist from making such noise. The types of loud, disturbing, excessive, impulsive or intrusive noise may include, but shall not be limited to, yelling, shouting, hooting, whistling, singing, playing a musical instrument, or emitting or transmitting any loud music or noise from any mechanical or electrical sound making or sound-amplifying device. (b) The factors, standards, and conditions that may be considered in determining whether a violation of the provisions of this section has been committed, included, but not limited to, the following:
(1) The level of the noise;
(2) The level and intensity of the background (ambient) noise, if any; (3) The proximity of the noise to residential or commercial sleeping areas; (4) The nature and zoning of the area within which the noise emanates; (5) The density of inhabitation of the area within which the noise emanates; (6) The time of day and night the noise occurs;
(7) The duration of the noise;
(8) Whether the noise is constant, recurrent or intermittent; (9) Whether the noise is produced by a commercial or noncommercial activity; and (10) Whether the use is lawful under the provisions of Title 5 of this Code and whether the noise is one that could reasonably be expected from the activity or allowed use. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.08. Real property maintenance noise regulations. (a) No person, while engaged in maintenance of real property, shall operate any tool, equipment or machine in a manner that produces loud noise that disturbs a person of normal sensitivity who works or resides in the vicinity, or a Police or Code Enforcement Officer, except between the hours of 8:00 a.m. and 6:00 p.m.
(b) Trimming or pruning that requires the use of chainsaws or mulching machines shall only be allowed between the hours of 8:00 a.m. and 6:00 p.m. on a weekday and between the hours of 9:00 a.m. and 5:00 p.m. on Saturday or Sunday.
(c) The use of electrical or gasoline powered blowers, such as commonly used by gardeners or other persons for cleaning lawns, yards, driveways, gutters and other property shall only be allowed between the hours of 8:00 a.m. and 6:00 p.m. on a weekday and between the hours of 9:00 a.m. and 5:00 p.m. on Saturday or Sunday.
(d) No landowner, gardener, property maintenance service, contractor, subcontractor or employer shall permit or allow any person or persons working under his or her direction or control to operate any tool, equipment or machine in violation of the provisions of this section. (e) Exceptions. The provisions of this section shall not apply to the following:
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(1) Emergency property maintenance required by the building official; (2) The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City, or its employees, contractors or agents, unless:
(i) The City Manager or department head determines that the maintenance, repair or improvement is immediately necessary to maintain public service, (ii) The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours, or
(iii) The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes maintenance during hours of the day that would otherwise be prohibited pursuant to this section; and
(3) Any maintenance that complies with the noise limits specified in § 5-29.04. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.09. Construction activity noise regulations.
(a) No person, while engaged in construction, remodeling, digging, grading, demolition or any other related building activity, shall operate any tool, equipment or machine in a manner that produces loud noise that disturbs a person of normal sensitivity who works or resides in the vicinity, or a Police or Code Enforcement Officer, on any weekday except between the hours of 7:00 a.m. and 6:00 p.m. or on Saturday or Sunday between the hours of 9:00 a.m. and 6:00 p.m. (b) No landowner, construction company owner, contractor, subcontractor, or employer shall permit or allow any person or persons working under their direction and control to operate any tool, equipment or machine in violation of the provisions of this section. (c) Exceptions.
(1) The provisions of this section shall not apply to emergency construction work performed by a private party when authorized by the City Manager or his or her designee; (2) The maintenance, repair or improvement of any public work or facility by public employees, by any person or persons acting pursuant to a public works contract, or by any person or persons performing such work or pursuant to the direction of, or on behalf of, any public agency; provided, however, this exception shall not apply to the City, or its employees, contractors or agents, unless:
(i) The City Manager or a department head determines that the maintenance, repair or improvement is immediately necessary to maintain public services, (ii) The maintenance, repair or improvement is of a nature that cannot feasibly be conducted during normal business hours, or
(iii) The City Council has approved project specifications, contract provisions, or an environmental document that specifically authorizes construction during hours of the day that would otherwise be prohibited pursuant to this section; and
(3) Any construction that complies with the noise limits specified in §§ 5-29.04 or 5-29.05. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.10. Other public agency exceptions.
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The provisions of this chapter shall not be construed to prohibit any work at different hours by or under the direction of any other public agency or public or private utility companies in cases of necessity or emergency.
(§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.11. Schools, day care centers, churches, libraries, museums, health care institutions; Special provisions.
It is unlawful for any person to create any noise that causes the outdoor noise level at any school, day care center, hospital or similar health care institution, church, library or museum while the same is in use, to exceed the noise standards specified in § 5-29.04 prescribed for the assigned Noise Zone I. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.12. Sound amplifying equipment.
Loudspeakers, sound amplifiers, public address systems or similar devices used to amplify sounds shall be subject to the provisions of § 5-29.13. Such sound amplifying equipment shall not be construed to include electronic devices, including but not limited to, radios, tape players, tape recorders, compact disc players, MP3 players, electric keyboards, music synthesizers, record players or televisions, which are designed and operated for personal use, or used entirely within a building and are not designed or used to convey the human voice, music or any other sound to an audience outside such building, or which are used in vehicles and heard only by occupants of the vehicle in which installed.
(§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.13. Amplified sound.
(a) The City Council enacts the following legislation for the sole purpose of securing and promoting the public health, comfort, safety and welfare for its citizenry. While recognizing that the use of sound amplifying equipment may be entitled to certain protection by the constitutional rights of freedom of speech and assembly, the City Council finds that in order to protect the public safety and the correlative rights of the citizens of this community to privacy and freedom from public nuisance of loud and unnecessary noise, reasonable regulation of the time, place and manner of the use of amplifying equipment is necessary. In no event shall approval or authorization required herein be withheld by reason of the constitutionally protected content of any material proposed to be broadcast through amplifying equipment.
(b) It is unlawful for any person, other than personnel of law enforcement or governmental agencies, to install, use or operate a loudspeaker or sound amplifying device in a fixed or movable position or mounted upon any vehicle within the City for the purpose of giving instructions, directions, talks, addresses or lectures to any persons or assemblages of persons in or upon any street, alley, sidewalk, park, place or public property without a permit to do so from the Police Chief or his or her designee. Notwithstanding any other provision of this chapter, the provisions of this section shall also apply to the use of sound amplifying equipment upon public or private property when used in connection with outdoor or indoor public or private events, whether or not admission is charged or food or beverages are sold, when such activity is to be attended by more than one hundred (100) persons and the noise emanating from the event will be audible at the property plane, or in the case of a street dance or concert on the nearest residential property. Those activities listed in § 5-29.06(a) are exempt from the requirements of this section.
(c) The Police Chief or his or her designee is authorized to approve and issue permits under this section.
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(d) An application for a permit required by this section shall be filed with the Police Chief at least sixteen (16) days and no more than one hundred twenty (120) days prior to the date on which the sound amplifying equipment is intended to be used. Applications for events covered by the First Amendment of the United States Constitution are exempt from the time requirements of this section if it is shown that circumstances require a shorter filing period and the event will not constitute an unsafe condition. The application shall contain the following information:
(1) The name, address and telephone number of both the owner and the user of the sound amplifying equipment;
(2) The license number, if a sound truck is to be used; (3) A general description of the sound amplifying equipment which is to be used; (4) Whether sound amplifying equipment will be used for commercial or noncommercial purpose; (5) The dates and times upon and within which, and the streets or property over or upon which, the equipment is proposed to be operated;
(6) The name or names of one (1) or more persons who will be present during the conduct of any activities for which registration is sought and who will have authority to reduce the volume of any sound amplifying equipment during the course of the activities if required pursuant to this chapter and, otherwise, to insure compliance with the provisions of this chapter; (7) A statement by the applicant that he or she is willing and able to comply with the provisions of this chapter and the conditions of the permit; and
(8) A sketch of the area or facilities within which the activities are to be conducted, with approximate dimensions and illustration of the location and orientation of all sound-amplifying equipment.
(e) The Police Chief shall deny the permit application or revoke any permit if the chief finds any of the following:
(1) The application contains materially false or intentionally misleading information; (2) The use of sound amplifying equipment at an event or activity proposed will be located in or upon a premises, building or structure that is hazardous to the health or safety of the employees or patrons of the premises, business, activity, or event, or the general public, under the standards established by the Uniform Building or Fire Codes, or other applicable codes, as set forth in OMC Titles 4 and 8;
(3) The use of sound amplifying equipment at an event or activity proposed in or upon a premises, building or structure that lacks adequate on-site parking for participants attending the proposed event or activity under the applicable standards set forth in OMC Title 9; (4) The conditions of any motor vehicle movement are such that, in his or her opinion, the use of the equipment would constitute an unreasonable interference with traffic safety; (5) The conditions of pedestrian movement are such that the use of the equipment would constitute a detriment to traffic safety;
(6) The application submitted by the applicant reveals that the applicant would violate the provisions of this section or any other provision of federal, state and/or local law; (7) The applicant is unwilling or unable to comply with the provisions of this chapter or any conditions imposed upon any permit issued;
(8) There had already been a permitted event at the intended location, or within a two hundred (200) yard radius of the intended location and the prior permitted event was located on residentially 2765
zoned property or on a street, alley, public parking lot or neighborhood park within three (3) months prior to the intended event. Community parks are exempt from this subsection (8); or (9) The applicant or location has had previous violations within the past calendar year, and in the judgment of the Police Chief, issuance would be contrary to the intent of this section. (f) In determining whether the use of the equipment would constitute an unreasonable interference with or detriment to traffic safety, the Police Chief shall consider, but shall not necessarily be limited to:
(1) The volumes, patterns and speed of vehicular and pedestrian traffic in the proposed area of use;
(2) The relationship of the proposed use of equipment and potential impacts upon traffic patterns; (3) Availability of sufficient room for the operation of the equipment without significantly interfering with the traffic patterns;
(4) Proximity to schools, playgrounds and similar facilities where use of such equipment might attract children into traffic patterns; or
(5) Proximity to busy intersections or other potentially hazardous conditions where use of such equipment might constitute a hazard by reason of its tendency to distract drivers of vehicles or pedestrians.
(g) Issuance or denial.
(1) If the application is approved, the Police Chief shall return an approved copy of the application to the applicant and shall issue a permit. The permit shall constitute permission for the use of the sound amplifying equipment as requested.
(2) Any application filed shall be either approved or disapproved within five (5) days of the filing thereof.
(3) If the application is disapproved, the Police Chief shall return a disapproved copy forthwith to the applicant with a written statement on the reason for disapproval. (i) Any person aggrieved by a decision of the Police Chief or his or her designee may file an appeal to the City Manager. A complete and proper appeal shall be filed with the City Clerk within ten (10) calendar days of the action that is the subject of the appeal. If the applicant fails to file an appeal within the ten (10) day filing period provided herein, denial shall take effect immediately upon expiration of such filing period. All appeals shall be in writing and shall contain the following information: (a) name(s) of the person filing the appeal, (b) a brief statement in ordinary and concise language of the relief sought, and (c) the signatures of all parties named as appellants and their mailing addresses. After receiving the appeal, the City Clerk shall immediately forward the matter to the City Manager for handling.
(ii) The City Manager shall, upon receipt of the appeal, set the matter for hearing before the City Manager or a hearing officer. Any hearing officer shall be a licensed attorney or recognized mediator designated by the City Manager. The hearing shall be set for not more than ten (10) calendar days after the receipt of the appeal unless a longer time is requested or consented to by the appellant.
Notice of such hearing shall be given in writing and mailed at least five (5) calendar days prior to the date of the hearing, by U.S. mail, with a proof of service attached, addressed to the address listed on the permit application, or the written appeal if different from the permit application. The notice shall state the grounds of the complaint or reason for the denial and shall state the time and place where such hearing will be held.
(iii) The City Manager or hearing officer shall, within ten (10) calendar days following the conclusion of the hearing, make a written finding and decision, which shall be delivered to the City and the appellant by first class mail. Notwithstanding any provision in this Code, the decision of the City 2766
Manager or hearing officer shall be the final administrative decision of the City. Any party dissatisfied with the decision of the City Manager or hearing officer may seek review of such decision under the provisions of Code Civil Procedure, §§ 1094.5 and 1094.8, as amended from time to time. (h) In addition to any other provisions of this Code, the use of sound-amplifying equipment and sound trucks in the City shall be subject to the following regulations:
(1) The only sounds permitted are music and human speech; (2) Sound shall not be emitted within one hundred (100) yards of hospitals, churches, schools and City Hall;
(3) The volume of sound shall be controlled so that it will not be audible for a distance in excess of one hundred (100) feet from the sound amplifying equipment or sound truck, and so that the volume is not unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the range of allowed audibility; or
(4) The sound amplifying equipment or sound truck shall not be used between the hours of 8:00 p.m. and 8:00 a.m.
(§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.14. Motor vehicles.
The use of any motor vehicle in such a condition as to create excessive, impulsive or intrusive noises is prohibited. The discharge into the open air of the exhaust of any internal combustion engine, stationary or mounted on wheels, motorboat or motor vehicle, including motor cycle, whether or not discharged through a muffler or other similar device, which discharge creates excessive, unusual, impulsive or intrusive noise is prohibited. Motor vehicles shall comply with the noise regulations of the California Vehicle Code.
(§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.15. Noise level measurement.
(a) The location selected for measuring exterior noise levels in a residential area shall be at any part of a private yard, patio, deck or balcony normally used for human activity and identified by the owner or, if occupied by someone other than the owner, the occupant of the affected property as suspected of exceeding the noise level standard. This location may be the closest point in the private yard or patio, or on the deck or balcony, to the noise source, but should not be located in nonhuman activity areas such as trash container storage areas, planter beds, above or contacting a property line fence, or other areas not normally used as part of the yard, patio, deck or balcony. The location selected for measuring exterior noise levels in a nonresidential area shall be at the closest point to the noise source. The measurement microphone height shall be five (5) feet above finish elevation or, in the case of a deck or balcony, the measurement microphone height shall be five (5) feet above the finished floor level.
(b) The location selected for measuring interior noise levels shall be made within the affected residential unit. The measurements shall be made at a point at least four (4) feet from the wall, ceiling or floor, or within the frame of a window opening, nearest the noise source. The measurements shall be made with windows in an open position.
(c) Any decibel measurement made pursuant to the provisions of this chapter shall be measured in decibels (dBAs) as measured with a sound level meter using the A-weighted sound pressure level. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.16. Prima facie violation.
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Any noise exceeding the noise level standard as specified in §§ 5-29.04 and 5-29.05, shall be deemed to be prima facie evidence of a violation of the provisions of this chapter. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.17. Penalty.
(a) Any person who negligently or knowingly violates any provision of this chapter shall be guilty of an infraction and upon conviction shall be punishable by a fine specified in OMC § 1-2.01. Each day a violation occurs shall constitute a separate offense and shall be punishable as such. (b) Any person who negligently or knowingly violates any provision of this chapter may also be subject to fine(s) specified in the administrative citation schedule of fines set forth in OMC § 1-5.04.
The manner of issuing administrative citations shall comply with all the procedures specified in OMC Chapter 5, Title 1.
(c) As an additional remedy, the operation or maintenance of any device, instrument, vehicle or machinery in violation of any provisions of this chapter, which operation or maintenance causes or creates sound levels exceeding the allowable standards as specified in this chapter, shall be deemed and is declared to be a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction. (d) Any violation of this chapter is declared to be a public nuisance and may be abated in accordance with law. The expense of enforcing this chapter is declared to be public nuisance and may be by resolution of the City Council declared to be a lien and special assessment against the property on which such nuisance is maintained, and any such charge shall also be a personal obligation of the property owner.
(§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.18. Enforcement and administration.
(a) It shall be the responsibility of Police or Code Enforcement Officers to enforce the provisions of this chapter and to perform all other functions required by this chapter. Such duties shall include, but not be limited to investigating potential violations, issuing warning notices and citations, and providing evidence to the City prosecutor for legal action.
(b) For violations of § 5-29.07, Police or Code Enforcement Officers shall obtain a declaration under penalty of perjury from two (2) declarants living in separate households within a sixty (60) day period stating in detail all of the following:
(1) That the declarant is a resident of a residential neighborhood located within two hundred (200) yards of the noise source; and
(2) Within the past month declarant has heard noise for substantially long periods to the extreme annoyance of the declarant.
(3) Declarations from two (2) declarants are required to prove a violation of § 5-29.07, but are not required to prove that a person has violated any other provision of this chapter. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.19. City Manager waiver.
The City Manager is authorized to grant a temporary waiver to the provisions of this chapter for a period of time necessary to correct the violations of this chapter, if such temporary waiver would be in the public interest and there is no feasible and prudent alternative to the activity, or the method of conducting the activity, for which the temporary waiver is sought. This time period may include a 2768
commitment to a program that includes placing necessary orders and entering into necessary contracts within thirty (30) days for repair or installation. (§ 2, Ord. 2888, eff. March 6, 2008)
Sec. 5-29.20. Noise abatement program.
(a) In circumstances where adopted community-wide noise standards and policies prove impractical in controlling noise generated from a specific source, the City Council may establish a noise abatement program that recognizes the characteristics of the noise source and affected property and that incorporates specialized mitigation measures.
(b) Noise abatement programs shall set forth in detail the approved terms, conditions and requirements for achieving maximum compliance with noise standards and policies. Said terms, conditions and requirements may include, but shall not be limited to, limitations, restrictions, or prohibitions on operating hours, location of operations, and the types of equipment. (§ 2, Ord. 2888, eff. March 6, 2008)
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16931-03 Noise Memo North Euclid Avenue Surface Parking Lot APPENDIX B:
CADNAAOPERATIONAL NOISE CALCULATIONS
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16931-03 Noise Memo North Euclid Avenue Surface Parking Lot APPENDIX C:
CADNAACONSTRUCTION NOISE CALCULATIONS
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Department: Financial Services
Prepared By: Jennifer Schaefer
Staff Member Presenting: Armen Harkalyan,
Executive Director of Finance
Reviewed By: Doreen Nunes
Approved By:
Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 28
SUBJECT: A RESOLUTION REGARDING A LOAN AGREEMENT BETWEEN THE CITY OF
ONTARIO AND ONTARIO RANCH HOTELS, LLC AND AN ECONOMIC SUBSIDY REPORT PURSUANT TO GOVERNMENT CODE SECTION 53083
CITY OF ONTARIO
Agenda Report
July 21, 2026
SECTION:
PUBLIC HEARINGS
RECOMMENDATION: That the City Council hold a public hearing and take the following actions:
A. Consider and adopt a Resolution authorizing the execution of a Loan Agreement and other related documents in connection with providing a loan to Ontario Ranch Hotels LLC and accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.
B. Authorize the City Manager, or his designee, to execute such further documents and take such actions as may be necessary or desirable to carry out the intent of the Loan Agreement.
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 City will issue a loan to Ontario Ranch Hotels LLC in an amount not-to-exceed $15,000,000 with an annual interest rate equal to the United States Prime Rate, currently 6.75%.
The loan will be funded from available City funds, excluding General Fund, and will be repaid within two years from the initial draw.
BACKGROUND & ANALYSIS: On February 18, 2025, the City of Ontario ("City") and Ontario Ranch Hotels LLC ("Developer") entered into a Disposition and Development Agreement for the acquisition and development of City land to construct a luxury 5-star hotel at the Ontario Sports Empire located on the southwest corner of Riverside Drive and Vineyard Avenue, adjacent to ONT Field ("Project"). The Project features 227 guest rooms within a four-story building, including a restaurant and bar, frozen yogurt shop, conference room and ballroom, rooftop lounge amenities, and certain onsite and offsite improvements. Ontario Ranch Hotels LLC has requested a short-term loan from the City to provide temporary funding for construction. 2774
The City has established criteria to provide such loans ("Program"). The Program criteria require that the loan be reasonable related to a legitimate governmental purpose and expenditures must be for a public purpose. In addition, the City shall receive consideration in the transaction and interest shall be payable on the loan. An analysis of financial feasibility and community necessity has been performed, and a determination has been made that the Developer has met all required Program criteria to qualify for a two year Loan Agreement ("Loan Agreement") with the City. The Loan Agreement requires that the Developer shall make annual interest only payments, and the principal and accrued but unpaid interest shall be due two years from the date of the initial draw.
The City finds and determines that the allocation of funds to Ontario Ranch Hotels LLC pursuant to the Loan Agreement is reasonably related to a legitimate governmental purpose in that the Project will provide numerous public benefits to the City. The Project supports Ontario's efforts to engage economic generating opportunities. The site will be developed to achieve its highest and best use, increasing property tax revenue, generating both temporary construction and permanent jobs, increasing transient occupancy taxes through hotel operations, increasing sales tax revenue from retail and other related business activities, and ultimately strengthening the City's economic base.
Pursuant to Government Code Section 53083, the City has prepared an Economic Development Subsidy Report. The report will remain available to the public and posted on the City's website for the duration of the agreement.
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RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO,
CALIFORNIA, AUTHORIZING THE EXECUTION AND DELIVERY OF A
LOAN AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND
ONTARIO RANCH HOTELS LLC AND ACCEPTING THE ECONOMIC
DEVELOPMENT SUBSIDY REPORT PREPARED PURSUANT TO
GOVERNMENT CODE SECTION 53083.
WHEREAS, the City of Ontario ("City") owns and operates the Ontario Sports Empire and adjacent facilities, located at 9375 E. Riverside Drive, Ontario, California 91761 (the “Property”); and
WHEREAS, Ontario Ranch Hotels LLC, a California limited liability company (“Borrower”) has purchased real property located at 9309 Riverside Drive, Ontario, California 91761 (the “Property”) and plans to construct a hotel which will serve the Sports Facilities and other events in the City (the “Business”); and WHEREAS, the City wishes to provide a short-term loan (“Loan Agreement”) for the construction of the Business on the Property, and has established criteria for the City to provide such loans (“Program”) which include:
Such loan shall be reasonably related to a legitimate governmental purpose; Such loan shall have a reasonable tendency to promote public health, morals, safety or general welfare;
Expenditure must be for a public purpose;
The City must receive consideration in the transaction; Provisions of Section 53083 through 53085 of the California Government Code shall be complied with;
There shall have been an analysis of financial feasibility and community necessity to proceed prepared;
Interest shall be payable on the loan;
Such other usual, customary and reasonable requirements of the City shall be met; and
WHEREAS, based on information provided by City staff, and other such written and oral evidence, as presented to the City, the City finds and determines that the allocation of funds to Borrower pursuant to the Loan Agreement is reasonably related to a legitimate governmental purpose in that Borrower’s ownership and construction of the Business will provide the following public benefits to the City including:
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Provide employment for the operations of the Property and the Business; Creation of employment opportunities for skilled workers during the construction of the Business on the Property;
Expanded employment at stabilization of the operations of the Business; Increased Transient Occupancy Taxes and contributions to the Tourism Marketing District;
Increased ad valorem taxes on the Property; and
Enhancement of the Sports Facilities, Ontario International Airport’s profile and support of the Airport, Toyota Arena and Ontario Convention Center; and WHEREAS, Borrower has met all qualifications for the Program as determined in the City’s discretion and has reviewed and is willing to enter into a Loan Agreement with the City to borrow up to Fifteen Million Dollars ($15,000,000) (“Loan”); and WHEREAS, in accordance with Government Code Section 53083, the City provided certain information in written form to the public and on its website, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, and held a noticed public hearing on July 21, 2026, to consider all written and oral comments on the Economic Development Subsidy Report; and
WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ontario as follows:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Resolution.
SECTION 2. Findings. The City Council additionally finds and determines that (a) there are identifiable public purposes fulfilled by the Project, as set forth in the Recitals, that outweigh the benefit to private persons; and (b) the findings set forth in this Resolution are based upon substantial written and oral evidence presented to the City Council.
SECTION 3. Approval of Financing Documents. The City Council hereby approves the Loan Agreement and Promissory Note, secured by a Deed of Trust, attached thereto in the respective forms on file with the City Clerk, together with such additions thereto and changes therein as Special Counsel shall deem necessary, desirable, or appropriate, the execution by which the Mayor, City Manager or Executive Director of Finance shall be conclusive evidence of the approval of any such additions or changes.
The Mayor, City Manager or Executive Director of Finance are hereby authorized and directed to execute, and the City Clerk is hereby authorized and directed to attest to the final form of each of the foregoing documents and agreements for and in the name and on behalf of the City. The City Council hereby authorizes the delivery and performance of the documents and agreements.
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SECTION 4. Financing Terms: The City shall advance to Borrower a total amount not to exceed Fifteen Million Dollars ($15,000,000). The initial disbursement of the Loan shall be in the amount not to exceed Five Million Dollars ($5,000,000). Additional disbursements of the Loan shall be in maximum amounts of Five Million Dollars ($5,000,000). Interest shall be calculated at the United States Prime Rate published by the Federal Open Market Committee on the date of the first draw of the Loan. Borrower shall pay periodic payments of interest on the outstanding principal amount of the Loan annually commencing twelve (12) months from the date of the initial draw. The entire principal amount of the Loan plus accrued but unpaid and capitalized interest shall be payable in full within two (2) years from the date of the initial draw.
SECTION 5. Acceptance of Economic Development Subsidy Report. The City Council finds and determines that this Economic Development Subsidy Report is in compliance with applicable law and specifically Government Code Section 53083.
SECTION 6. CEQA. The City Council hereby finds that pursuant to the California Environmental Quality Act ("CEQA") (Pub. Res. Code, § 21000 et seq.) and the State CEQA Guidelines (Cal. Code Regs, tit. 14 § 15000 et seq.), approval of the Loan Agreement and acceptance of the Economic Development Subsidy Report is not a "project" for purposes of CEQA and therefore is not subject to CEQA review. The Loan Agreement and acceptance of the Economic Development Subsidy Report is not a project pursuant to State CEQA Guidelines section 15378(b)(4), which states that government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant environmental impact are not subject to CEQA. Further, the Loan Agreement and acceptance of the Economic Development Subsidy Report is not a project under State CEQA Guidelines section 15061(b)(3), which states that CEQA does not apply 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.
SECTION 7. Severability. If any provision of this Resolution is held invalid, the remainder of this Resolution shall not be affected by such invalidity, and the provisions of this Resolution are severable.
SECTION 8. Effective Date. This Resolution shall become effective 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 21st day of July 2026. _____________________________________
PAUL S. LEON, MAYOR
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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 Resolution No. 2026- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held July 21, 2026 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. 2026- duly passed and adopted by the Ontario City Council at their regular meeting held July 21, 2026. _____________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
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EXHIBIT A
ECONOMIC DEVELOPMENT SUBSIDY REPORT
[Attached behind this cover page]
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LOAN AGREEMENT
This LOAN AGREEMENT (“Agreement”) is made effective as of _______, 2026, by and between ONTARIO RANCH HOTELS LLC, a California limited liability company (“Borrower”), and the CITY OF ONTARIO, a California municipal corporation (“Lender” or “City”).
RECITALS
A. City owns and operates the Ontario Sports Empire and adjacent facilities, located at 9375 E.
Riverside Drive, Ontario, California 91761 (the “Sports Facilities”).
B. Borrower has purchased real property located at 9309 Riverside Drive, Ontario, California 91761 (the “Property”) and plans to construct a 227-room hotel which will serve the Sports Facilities and other events in the City (the “Business”).
D. City wishes to provide a short-term loan for the construction of the Business on the Property, and has established criteria for the City to provide such loans (the “Program”) which include:
1. Such loan shall be reasonably related to a legitimate purpose; and
2. Such loan shall have a reasonable tendency to promote public heath, morals, safety or general welfare.
To that end:
a) the expenditure must be for a public purpose;
b) the City must receive consideration in the transaction; c) the provisions of Section 53083 through 53085 of the California Government Code shall be complied with;
d) there shall have been prepared an analysis of financial feasibility and community necessity to proceed;
e) interest shall be payable on the loan; and
f) such other usual, customary and reasonable requirements of the City shall be met.
E. It is anticipated that Borrower’s ownership and construction of the Business will provide the following public benefits to the City:
1. Provide employment for the operations of the Property and the Business;
2. Creation of employment opportunities for skilled workers during the construction of the Business on the Property;
3. Expanded employment at stabilization of the operations of the Business;
4. Increased Transient Occupancy Taxes and contributions to the Tourism Marketing District;
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2 5. Increased ad valorem taxes on the Property; and
6. Enhancement of the Sports Facilities, Ontario International Airport’s profile and support of the Airport, Toyota Arena and Ontario Convention Center.
F. Borrower has met all qualifications for the Program as determined in Lender’s reasonable discretion and has reviewed and is willing to enter this Agreement with Lender.
G. Lender desires to provide, and Borrower desires to borrow up to $15,000,000, subject to the terms and conditions set forth herein (the “Loan”).
NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises set forth herein, the parties hereto agree as follows:
1. TERMS
1.1 Terms of Loan.
(a) Loan Amount. Subject to the fulfillment of Lender’s funding contingencies as set forth in Section 1.3 herein below, Lender shall advance to Borrower a total amount not to exceed Fifteen Million Dollars ($15,000,000) (the “Loan”) in draw amounts as set forth in (b) below, as evidenced by a promissory note, secured by a deed of trust, the forms of which are attached hereto as Exhibit A (“Note”) and Exhibit B (the “Deed of Trust”) and incorporated herein by reference. (b) Disbursement. The initial disbursement of the Loan shall be in the amount of not to exceed $5,000,000, and shall be utilized by Borrower as set forth in Section 1.2.4 hereof. Additional disbursement of the Loan funds may be in such periodic disbursements upon a written request of Borrower to Lender and shall be in maximum amounts of $5,000,000 and Lender shall fund such additional disbursement to Borrower within 10 business days after receipt of such draw request. The final draw amount shall be no later than sixty (60) days before the Maturity Date, and all amounts drawn shall be due on the Maturity Date described in paragraph (d) below. (c) Payments and Rates. (i) Interest. Interest on the outstanding principal of the Loan shall be calculated on the basis of a 360-day year consisting of twelve (12) 30-day months. Interest shall be calculated at the United States Prime Rate published by the Federal Open Market Committee on the date of the first draw on this Loan. So long as no Event of Default occurs and is continuing, Borrower shall pay periodic payments of interest on the outstanding principal amount of the Note annually commencing ____________, which is twelve (12) months from the date of the initial draw (an “Interest Payment Date”).(ii) Principal. Principal shall be paid in full on the Maturity Date, at which time all amounts drawn hereunder shall become due and payable.
(d) Maturity. The entire principal amount of the Loan, plus accrued but unpaid and capitalized interest thereon, shall be payable in full on ____, 2028 (the “Maturity Date”) which is two (2) years from the date of the initial draw.
(e) Prepayment. All or any portion of any Note and this Loan may be prepaid on any business day prior to the Maturity Date without penalty in minimum multiples of not less than $1,000,000 together with interest accrued thereon to the date of such prepayment. Borrower shall provide notice of such prepayment to Lender at least five (5) days prior to the payment thereof. 2783
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3 (f) Interest on Event of Default. Upon an event described in Section 1.4 hereof,(an “Event of Default”) Lender may, at Lender’s option, declare the Note and the entire remaining indebtedness thereby evidenced to be immediately due and payable, regardless of the Maturity Date.
Upon the occurrence of an Event of Default and subject to Section 1.7, the entire remaining indebtedness shall accrue interest at a rate of ten percent (10.00%) per annum.
1.2 Covenants of Borrower.
1.2.1 Borrower shall, at Borrower’s own cost and expense, execute and deliver such further documents and instruments in the possession of or readily obtainable by Borrower and take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement, including, without limitation, cooperating in good faith and to the extent permitted by applicable law and executing any documents to which Borrower is a party to transfer any property interests, licenses, or any other items to any third party that Lender approves of to succeed to Borrower’s interest upon the occurrence of an Event of Default.
1.2.2 The Loan and the lien on the Property secured by the Deed of Trust represents a first lien and pledge of the revenues and assets of Borrower relating to the Property. In addition to the Deed of Trust, Lender shall file a UCC-1 Financing Statement to further secure repayment of the Loan.
1.2.3 As a condition to funding of the Loan, and during the Term, Borrower shall obtain and keep in force policies of insurance for casualty loss from fire or other damage to the Property in the amount equal to the full replacement value of the Property, together with a commercial general liability policy of insurance reasonably acceptable to Lender and protecting Borrower and Lender, as an additional insured, against claims for bodily injury, personal injury and property damage based upon or arising out of the operation of the Business. Such insurance shall be on an occurrence basis providing single limit coverage in an amount not less than $1,000,000 per occurrence with an annual aggregate of not less than $2,000,000. Borrower acknowledges and agrees that the failure to obtain and keep such insurance coverage shall be an Event of Default under the Note.
1.2.4 Borrower shall provide an officer’s certificate or certificates showing the eligible expenditures for which Borrower is making to improve the Property prior to each draw request. Eligible expenditures are real estate acquisition for commercial, retail and industrial land and buildings, site demolition, asbestos removal, site preparation and site improvements, including grading, foundation work, and utility installation, new construction, including building construction, trenching and site work for new construction, creating parking areas, installing hardscape, installing landscaping, lighting and signage, “green” energy efficient improvements, machinery/tools used for industrial manufacturing subject to City approval, external and internal improvements to existing buildings, substantial rehabilitation of existing buildings, including roof replacement, fire construction upgrades, electrical upgrades, fixtures, furniture and equipment, commercial kitchen rehabilitation and ADA compliance, or any other expenditures related to or in connection with the foregoing.
Borrower agrees that no portion of the Loan shall be used for the following ineligible expenditures:
improvements commenced prior the City’s approval of the Loan, the cost of any and all City of Ontario permits and fees, overhead costs by the Borrower, debt repayment and payment of personal obligations (such as credit cards), working capital, inventory and supplies, real estate mortgage or lease payments, selfperformed work, financial assistance to automobile dealerships on land not previously developed for urban use, development on a parcel of land of five or more acres which has not previously been developed for urban use that will generate sales or use tax, unless the principal permitted use is office, hotel, manufacturing or industrial, developments or businesses used for gambling or gaming, a big box retailer or 2784
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4 vehicle dealer, or a business that sells or leases land to big box retailers or vehicle dealers, relocating from another community within the same market area (“Big box retailer” means a store of greater than 75,000 square feet of gross buildable area that will generate sales or use tax pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code)), and other items as deemed inappropriate by the City.
Borrower shall provide such periodic expenditure reports as the City may reasonably request but in no event more frequently than semi-annually (except as may be required in connection with any draw request), which detail the sources and uses of funds to rehabilitate the Property.
1.2.5 Borrower shall comply in all material respects with all applicable building code, land use and planning laws, design guidelines and rules and regulations of the City. Additionally, Borrower will carry out construction of the Project in conformity in all material respects with all local, state and federal laws, rules and regulations, including but not limited to all applicable California labor standards.
Borrower assumes any and all responsibility and shall be solely responsible for determining whether or not laborers employed relative to the eligible project must be paid the prevailing per diem wage rate as determined by the state, pursuant to Labor Code Sections 1720, et seq.
1.2.6 The Property shall be maintained in good repair and in a neat and orderly condition in accordance with generally accepted industry standards, subject to normal wear and tear and damage by casualty. Any damage to the Property is to be promptly repaired by Borrower so that the Property remains in good condition. This includes the removal of graffiti, as defined in California Government Code Section 38772, that has been applied to any exterior surface of a structure or improvement on the Property that is visible from any public right-of-way adjacent or contiguous to the Property, shall be removed by Borrower by either painting over the evidence of such vandalism with a paint that has been color-matched to the surface on which the paint is applied, or graffiti may be removed with solvents, detergents or water, as appropriate. If any such graffiti is not removed within ten (10) business days following the time of the discovery of the graffiti, the City shall have the right to enter the Property and remove the graffiti, without notice.
1.2.7 The City or its designated representative may inspect the Property on an annual basis or, during the continuance of an Event of Default, more frequently as reasonably necessary to ensure compliance with the Loan. If the Property is found to be inadequately maintained, Borrower shall exercise commercially reasonable efforts to commence repair of the Property and diligently proceed to complete the repair of the Property within thirty (30) days of receipt of written notice from the City.
1.3 Funding Contingencies. Lender’s obligation to fund the Loan shall be contingent upon the fulfillment of the following contingencies, all to Lender’s sole and absolute satisfaction:
(a) Borrower shall have delivered to Lender an original executed copy of this Loan, the Note and the Deed of Trust; and
(b) Borrower shall have delivered to Lender a copy of the vesting deed or other documents demonstrating ownership of the Property on which Borrower operates its Business; (c) Borrower shall deliver an appraisal of the Property which illustrates that the loan to value ratio of the Note to the Property shall not be in excess of seventy-five percent (75%); and (d) Borrower shall have delivered to Lender evidence of insurance coverage, as described under Section 1.2.2 hereof.
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5 1.4 Default.
1.4.1 Events of Default. The following shall be deemed an Event of Default:
(a) Borrower fails to pay any amounts when due under this Loan, the Note and the Deed of Trust;
(b) Borrower materially breaches any of the covenants of this Loan, the Note, the Deed of Trust, including the breach of any covenant contained in Section 1.2 of this Loan Agreement; and such breach continues uncured for more than thirty (30) days after Borrower’s receipt of written notice thereof from Lender, provided, however, if the nature of such material breach is such that it cannot be reasonably cured within such 30-day period, then Borrower shall have up to one hundred twenty (120) days to cure such breach so long as Borrower commenced such cure within the initial 30-day period and continues to diligently pursue such cure to completion; or
(c) Borrower (i) becomes insolvent or unable to pay Borrower’s debts generally as they mature, (ii) makes a general assignment for the benefit of creditors, (iii) admits in writing Borrower’s inability to pay Borrower’s debts generally as they mature, (iv) files or has filed against it a petition in bankruptcy or a petition or answer seeking a reorganization, arrangement with creditors or other similar relief under the Federal bankruptcy laws or under any other applicable law of the United States of America or any state thereof and such petition is not dismissed within ninety (90) days after the date of filing, or (v) consents to the appointment of a trustee or receiver for it or for a substantial part of Borrower’s property; or
(d) Any order, judgment or decree is entered appointing, without Borrower’s consent, a trustee or receiver for it or for a substantial part of Borrower’s property that is not removed within ninety (90) days from such entry; or
(e) Borrower voluntarily or involuntarily transfers, in any way, the Property or any portion thereof without the Lender’s prior written consent.
1.4.2 Remedies. Upon the occurrence of an Event of Default, Lender may, at Lender’s option, exercise one or more of the following remedies, in addition to any other remedies provided herein, in the Note, or by law:
(a) Declare this Loan and the Note and the entire remaining indebtedness thereby evidenced to be immediately due and payable, regardless of the Maturity Date; (b) Exercise any collection procedures allowed by State law or by the City of Ontario Municipal Code; and/or
(c) Pursue any legal remedy available to secure payment of any and all monies owed by Borrower.
1.4.3 The remedies provided by this Section 1.4.2 are cumulative and in addition to and independent of any other remedies available to Lender by law. Any and all costs of collection shall be added to the balance owed, including but not limited to collection agency charges and reasonable attorneys’ fees.
1.5 Compliance with Laws; Prevailing Wage Requirement.
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6 1.5.1 Borrower shall obtain and comply with all necessary land use entitlements and conditions therein for the operation of the Business.
1.5.2 Borrower shall cause any work performed in connection with any improvements to the Property made by Borrower in connection with the opening or operating of the Business completed after the effective date of this Agreement (“Improvements”) to be performed in compliance in all material respects with (i) all applicable federal, state and local laws, ordinances, rules and regulations; (ii) applicable state prevailing wage requirements pursuant to Labor Code Sections 1720 et seq. and 1770 et seq., and the regulations pursuant thereto, as further set forth below (“Prevailing Wage Laws”); and (iii) all applicable directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of any governmental agency with jurisdiction over the Business.
1.5.3 Borrower has been alerted to the requirements of Prevailing Wage Laws. If applicable, Borrower shall pay (and shall cause any contractor and subcontractors to pay) prevailing wages and shall comply (and shall cause any contractor and subcontractors to comply) with all applicable Prevailing Wage Laws in connection with the construction of any Improvements, including the obligation to keep and retain such records as are necessary to determine if prevailing wages have been paid. Borrower shall provide copies of such records to Lender upon Lender’s request therefor.
1.5.4 Borrower shall operate the Business, at all times, in compliance in all material respects with all applicable federal, state and local laws, ordinances, rules and regulations.
1.6 Indemnification. To the extent permitted by applicable law, Borrower agrees to defend, indemnify and hold Lender and its officials, officers, employees and agents, free and harmless from and against any and all claims, liabilities, penalties, damages, judgments, costs, expenses, fees and interest arising from or related to any act or omission of Borrower in performing its obligations hereunder and under the Prevailing Wage Laws, or in operating its Business. Borrower assumes all risk of liability arising from any decision not to comply with Prevailing Wage Laws.
1.7 Assignment. Borrower may assign all of its rights, interests, and obligations in and under this Loan and the Note after obtaining the prior written approval of Lender. Any assignment of this Loan or the Note without Lender’s prior written approval shall be null and void. Upon assignment of this Loan and the Note, any interest accruing on the remaining indebtedness as a result of an Event of Default shall cease to accrue.
1.8 Severability. The unenforceability or invalidity of any provision or provisions of this Agreement as to any persons or circumstances shall not render that provision or those provisions unenforceable or invalid as to any other persons or circumstances, and all provisions hereof, in all other respects, shall remain valid and enforceable.
1.9 Binding Effect; Inurement. This Agreement shall bind Borrower and its successors and assigns and the benefits hereof shall inure to Lender and Lender’s successors and assigns.
1.10 Governing Law; Jurisdiction. This Loan shall be governed by and construed exclusively in accordance with the internal substantive laws of the State of California. The parties hereto consent to the exclusive jurisdiction of the state courts sitting in the County of San Bernardino, California, for any action or proceeding arising under this Loan or the Loan.
1.11 Attorneys’ Fees. Borrower agrees to pay the following costs, expenses, and attorneys’ fees paid or incurred by Lender or adjudged by a Court: (i) reasonable costs of collection, costs, expenses, and 2787
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7 attorneys’ fees paid or incurred in connection with the collection or enforcement of the Loan, whether or not suit is filed; and (ii) costs of such sum as the Court may adjudge as attorneys’ fees in an action to enforce payment of this Agreement or any part of it. In the event either party brings an action under this Agreement, the prevailing party shall be entitled to its reasonable attorney’s fees and costs. [Signatures on Following Page]
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8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
BORROWER:
ONTARIO RANCH HOTELS, LLC,
a California limited liability company
By:
Gurvinder Singh
Chief Executive Officer
LENDER:
CITY OF ONTARIO
By:
Scott Ochoa
City Manager
ATTEST:
City Clerk
APPROVED AS TO LEGAL FORM:
BEST BEST & KRIEGER LLP
City Attorney
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A-1
EXHIBIT A
Promissory Note
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B-1
EXHIBIT B
Deed of Trust
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.
\45185839.1
B-1
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