303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420
LAND DEVELOPMENT DIVISION
CONDITIONS OF APPROVAL
Date Prepared: 4/7/2023
File No: PSPA22-008
Related Files: PZC23-001
Project Description: A request to amend the South Ontario Logistics Center Specific Plan, including map and textual changes to remove a portion of the Specific Plan, in conjunction with a Zone Change (File No. PZC23-001) to establish the SP(AG) zoning district on the Project site. The Project site is generally located south of Eucalyptus Avenue, north of Mer rill Avenue, west of Bon View Avenue, and east of Campus Avenue . (APNs: 1054-051-01, 1054-051-02, 1054-061-01, 1054- 061-02, 1054 -251-01, 1054 -251-02, 1054 -301-01, and 1054 -301-02); submitted by Grove Land Venture, LLC.
Prepared By: Alexis Vaughn, Associate Planner
Phone: 909.395.2416 (direct)
Email: [email protected]
The Planning Department, Land Development Section, conditions of approval applicable to the above-described Project, are listed below. The Project shall comply with each condition of approval listed below:
1.0 Standard Conditions of Approval. The project shall comply with the Standard Conditions for New Development, adopted by City Council Resolution No. 2017-027 on April 18, 2017. A copy of the Standard Conditions for New De velopment may be obtained from the Planning Department or City Clerk/Records Management Department.
2.0 Special Conditions of Approval. In addition to the Standard Conditions for New Development identified in condition no. 1.0, above, t he project shall comply with the following special conditions of approval:
2.1 Specific Plan Amendment . The following shall be submitted to the Planning Department within 30 days following City Council approval of the Specific Plan Amendment:
(a) Three copies of the final Specific Plan document (color, double -sided, bound);
(b) One CD or flash drive containing:
(i) A complete Microsoft Word copy of the final Specific Plan document, including all required revisions (broken down by chapters); (ii) A complete PDF copy of the final Specific Plan document, including all required revisions (one complete PDF including all chapters, OCR); and 1395
Planning Department – Land Development Division
Conditions of Approval
File No.: PSPA22-008
(iii) A complete electronic website version of the final Specific Plan document, including all required revisions (PDFs broken down by chapters, OCR).
2.2 Signs.
(a) All Project signage shall comply with the requirements of Ontario Development Code Division 8.1 (Sign Regulations).
(b) On-site posting of public noticing shall be provided pursuant to Code Section 2.03.010.C.4, which consists of one or more large, 6-foot-tall, freestanding public notification signs. The sign face shall measure 4 feet tall by 8 feet wide, in a format approved by the Planning Director. The sign shall be posted no later than ten calendar days prior to the Planning Commission hearing date and removed no later than fourteen calendar days following the City Council hearing date, unless otherwise required by the Planning Director. The format is available on the City’s website.
2.3 Indemnification. The applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul any approval of the City of Ontario, whether by its City Council, Planning Commission or other authorized board or officer. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.
2.4 Additional Fees.
(a) Within 5 days following final application approval, the Notice of Determination (“NOD”) filing fee shall be provided to the Planning Department. The fee shall be paid by check, made payable to the "Clerk of the Board of Supervisors", which shall be forwarded to the San Bernardino County Clerk of the Board of Supervisors, along with all applicable environmental forms/notices, pursuant to the requirements of the California Environmental Quality Act (“CEQA”). Failure to provide said fee within the time specified will result in the extension of the statute of limitations for the filing of a CEQA lawsuit from 30 days to 180 days.
2.5 Related Applications. Specific Plan Amendment (File No. PSPA22-008) approval shall not be final and complete until such time that related File No. PZC23-001 has been approved by the City Council.
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ORDINANCE NO. ______
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC23-001, A REQUEST TO
ESTABLISH THE SP(AG) (SPECIFIC PLAN/AGRICULTURE OVERLAY) ZONING DISTRICT ON THE 71.6-ACRE PROJECT SITE GENERALLY
LOCATED SOUTH OF EUCALYPTUS AVENUE, NORTH OF MERRILL
AVENUE, WEST OF BON VIEW AVENUE, AND EAST OF CAMPUS
AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS:
1054-051-01, 1054-051-02, 1054-061-01, 1054-061-02, 1054-251-01, 1054-251-02, 1054-301-01, AND 1054-301-02.
WHEREAS, CITY OF ONTARIO ("Applicant") has filed an Application for the approval of a Zone Change, File No. PZC23-001, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the Application applies to 71.6 acres of land owned by the County of San Bernardino and is generally located south of Eucalyptus Avenue, north of Merrill Avenue, west of Bon View Avenue, and east of Campus Avenue, currently within the South Ontario Logistics Center Specific Plan (“Specific Plan”), and is presently partially improved with agricultural uses and partially vacant; and WHEREAS, the property to the east of the Project site is located within the South Ontario Logistics Center Specific Plan and is currently vacant, as the site is under entitlement review for industrial development. The property to the west of the Project site is located within the Ontario Ranch Business Park Specific Plan and is currently vacant, as the site is under entitlement review for industrial development. The property to the south of the Project site is located within the City of Chino and is developed with the Chino Airport. The property to the north of the Project site is located within the Medium Density Residential (5.1-11 dwelling units per acre) zoning district and is partially developed with agricultural and dairy land uses and is partially vacant; and WHEREAS, the Zone Change application has been filed in conjunction with a Specific Plan Amendment, File No. PSPA22-008, and approval of the Zone Change application is contingent on City Council approval of the related Specific Plan Amendment; and
WHEREAS, on March 1, 2022, the City Council approved the South Ontario Logistics Center Specific Plan (File No. PSP19-001) and associated Environmental Impact Report (State Clearinghouse No. 2021010318), inclusive of the Project site; and WHEREAS, a writ of mandate challenging the Specific Plan project was filed on March 30, 2022, and a settlement agreement was entered into by the Applicant and the challenger on October 14, 2022; and
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WHEREAS, a major term of the settlement agreement was to remove the San Bernardino County-owned parcels (Project site) from the Specific Plan. Thus, the applicant filed for a Specific Plan Amendment on December 6, 2022, to remove the 71.6 acres of San Bernardino County-owned land from the Specific Plan. Subsequently, the City initiated a Zone Change Amendment to re-establish zoning on the 71.6-acre Project site to replace the Specific Plan zoning; and
WHEREAS, the Zone Change consists of map changes to re-establish the SP (AG) (Specific Plan – Agricultural Overlay) Zoning District on the Project site, following approval of the Specific Plan Amendment; and
WHEREAS, the environmental impacts of this Project were previously reviewed in conjunction with File No. PSP19-001, the South Ontario Logistics Center Specific Plan for which an Environmental Impact Report — State Clearinghouse No. 2021010318 — (hereinafter referred to as "Certified EIR") was adopted by the City Council on March 1, 2022, and this Application introduces no new significant environmental impacts.
The Certified EIR analyzed the impacts of the status quo (SP (AG) (Specific Plan – Agricultural Overlay)) as an alternative to establishment of the South Ontario Logistics Center Specific Plan; and
WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and act on the subject Application; and
WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport ("ONT"), which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (ALUCP), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, the Project is also located within the Airport Influence Area of Chino Airport, pursuant to the Chino Airport Overlay Zoning District (hereinafter referred to as “CNO OZD”) and Reference I, Chino Airport Land Use Compatibility Plan (hereinafter referred to as CNO ALUCP) established in the City of Ontario Development Code; and 1398
WHEREAS, as the decision-making body for the Application, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP and CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP and the CNO ALUCP.
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on April 25, 2023, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC23-030 recommending the City Council approve the Application; and
WHEREAS, on May 16, 2023, the City Council of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED, AND ORDAINED by the City Council of the City of Ontario, as follows:
SECTION 1. Environmental Determination and Findings. As the decision- making body for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation.
Substantial changes are not proposed with the Project which would require major or any revisions to the previous EIR due to the involvement of no new significant environmental effects or no new substantial increase in the severity of previously identified significant effects. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of this Project were previously reviewed in conjunction with File No. PSP19-001, the South Ontario Logistics Center Specific Plan for which a Certified EIR was adopted by the City Council on March 1, 2023. (2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and (3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The previous Certified EIR reflects the independent judgment of the City Council; and
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(5) The proposed Project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.
SECTION 2: Subsequent or Supplemental Environmental Review Not Required. Based on the information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and (3) Does not contain new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the Certified EIR was certified/adopted, that shows any of the following:
(a) The project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or (d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.
SECTION 3. Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the decision-making body for the Project, the City Council finds that based on the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan, as the Project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.
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SECTION 4. Airport Land Use Compatibility Plan ("ALUCP") Compliance.
The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan.
(1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and (2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the decision- making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the Chino ALUCP.
SECTION 5. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
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(1) The proposed Zone Change is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan.The proposed Zone Change is in response to a settlement agreement affecting the related South Ontario Logistics Center Specific Plan (“Specific Plan”), for which a Specific Plan Amendment (File No. PSPA22-008) was filed. While the original Specific Plan area is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan) and City Council Priorities components of The Ontario Plan, the proposed reversion to the original Zoning District satisfies these items as well. The proposed Zone Change to re-establish the original zoning of SP(AG) (Specific Plan – Agricultural Overlay) is also consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, as it allows for interim agricultural land uses to occur on the Project site until such time that a Specific Plan or Specific Plan Amendment is adopted for the land.
(2) The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The proposed Zone Change will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The related Specific Plan Amendment proposes to remove a portion of land from the Specific Plan area, in conjunction with a Zone Change to re- establish the original zoning of SP(AG) (Specific Plan – Agricultural Overlay). The proposed agricultural SP(AG) Zoning District was previously reviewed in the Environmental Impact Report for the South Ontario Logistics Center Specific Plan, as it was the “status quo” at the time and represented a “no project” alternative. The proposed re-zoning to SP(AG) will not impose any additional impacts to the public interest, health, safety, convenience, or general welfare of the City above and beyond what currently exists at large in the region. The southern region of the City, south of Riverside Drive and known as Ontario Ranch, is predominantly characterized as agricultural with clusters of residential, commercial, and industrial development.
(3) The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses. While the proposed Zone Change and related Specific Plan Amendment will result in a piece of land inconsistent with the larger industrial corridor, which generally spans from Euclid Avenue to the Cucamonga Creek Channel and from Eucalyptus Avenue to Merrill Avenue, reverting the land to the SP(AG) Zoning District will not adversely affect the harmonious relationship with adjacent properties and land uses, as the area surrounding the Project site is largely characterized by properties also located within the SP(AG) area. Additionally, properties located in neighboring industrial specific plans to the east and west are still phasing out the existing agricultural land uses while the properties are under development. (4) The subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development. No physical changes or development projects are proposed for the Project site as a result of the Zone Change or related Specific Plan Amendment, and the site will be reverted to the Zoning District in effect prior to adoption of the Specific Plan. Any future development on the Project site must be in conjunction with an approved Specific Plan or Specific Plan Amendment. Further, the Project site is large enough to 1402
support a new Specific Plan, should integration into an adjacent Specific Plan fail to occur in the future. Lastly, should the Project site be developed in the future, it is physically suitable (including, but not limited to, parcel size and shape, access, and availability of utilities) for industrial development in keeping with the remainder of the industrial corridor in which it is located.
SECTION 6. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described Zone Change, attached hereto as "Attachment A: Zone Change Exhibit," in conjunction with “Attachment B: Conditions of Approval” and incorporated herein by this reference.
SECTION 7. Indemnification. The Applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void, or annul this approval. The City of Ontario shall promptly notify the applicant of any such claim, action, or proceeding, and the City of Ontario shall cooperate fully in the defense.
SECTION 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario.
SECTION 9. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The People of the City of Ontario hereby declare that they would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
SECTION 10. Effective Date. This Ordinance shall become effective 30 days following its adoption.
SECTION 11. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following the adoption. The City Clerk shall post a certified copy of this ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933. 1403
PASSED, APPROVED, AND ADOPTED this ____ day of _________ 2023. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________
SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________
BEST BEST & KRIEGER LLP
CITY ATTORNEY
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STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF ONTARIO )
I, SHEILA MAUTZ, City Clerk of the City of Ontario, DO HEREBY CERTIFY that foregoing Ordinance No. _______ was duly introduced at a regular meeting of the City Council of the City of Ontario held May 16, 2023 and adopted at the regular meeting held ___________, 2023 by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
_________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. _______ duly passed and adopted by the Ontario City Council at their regular meeting held ____________ and that Summaries of the Ordinance were published on ___________ and _____________, in the Inland Valley Daily Bulletin newspaper.
__________________________________
SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:
File No. PZC23-001;
Zone Change Exhibit
(Document follows this page)
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Attachment A: File No. PZC23-001 Zone Change Exhibit
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303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Fax: 909.395.2420
LAND DEVELOPMENT DIVISION
CONDITIONS OF APPROVAL
Date Prepared: 4/7/2023
File No: PZC23-001
Related Files: PSPA22-008
Project Description: A request to establish the SP(AG) zoning district on the project site, in conjunction with a request to amend the South Ontario Logistics Center Specific Plan, including map and textual changes to remove a portion of the Specific Plan (File No. PSPA22 -008). The Project site is generally located south of Eucalyptus Avenue, north of Merrill Avenue, west of Bon View Avenue, and east of Campus Avenue . (APNs: 1054-051-01, 1054-051-02, 1054-061-01, 1054- 061-02, 1054 -251-01, 1054 -251-02, 1054 -301-01, and 1054 -301-02); submitted by Grove Land Venture, LLC.
Prepared By: Alexis Vaughn, Associate Planner
Phone: 909.395.2416 (direct)
Email: [email protected]
The Planning Department, Land Development Section, conditions of approval applicable to the above-described Project, are listed below. The Project shall comply with each condition of approval listed below:
1.0 Standard Conditions of Approval. The project shall comply with the Standard Conditions for New Development, adopted by City Council Resolution No. 2017-027 on April 18, 2017. A copy of the Standard Conditions for New De velopment may be obtained from the Planning Department or City Clerk/Records Management Department.
2.0 Special Conditions of Approval. In addition to the Standard Conditions for New Development identified in condition no. 1.0, above, t he project shall comply with the following special conditions of approval:
2.1 Signs.
(a) All Project signage shall comply with the requirements of Ontario Development Code Division 8.1 (Sign Regulations).
(b) On-site posting of public noticing shall be provided p ursuant to Code Section 2.03.010.C.4, which consists of one or more large, 6 -foot-tall, freestanding public notification signs. The sign face shall measure 4 feet tall by 8 feet wide, in a format approved by the Planning Director. The sign shall be posted no later than ten calendar days prior to the Planning Commission hearing date and removed no later than fourteen calendar days following the City Council hearing date, unless otherwise required by the Planning Director. The format is available on the City’s website.
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Planning Department – Land Development Division
Conditions of Approval
File No.: PSPA22-008
2.2 Indemnification. The applicant shall agree to defend, indemnify and hold harmless, the City of Ontario or its agents, officers, and employees from any claim, action or proceeding against the City of Ontario or its agents, officers or employees to attack, set aside, void or annul any approval of the City of Ontario, whether by its City Council, Planning Commission or other authorized board or officer. The City of Ontario shall promptly notify the applicant of any such claim, action or proceeding, and the City of Ontario shall cooperate fully in the defense.
2.3 Additional Fees.
(a) Within 5 days following final application approval, the Notice of Determination (“NOD”) filing fee shall be provided to the Planning Department. The fee shall be paid by check, made payable to the "Clerk of the Board of Supervisors", which shall be forwarded to the San Bernardino County Clerk of the Board of Supervisors, along with all applicable environmental forms/notices, pursuant to the requirements of the California Environmental Quality Act (“CEQA”). Failure to provide said fee within the time specified will result in the extension of the statute of limitations for the filing of a CEQA lawsuit from 30 days to 180 days.
2.4 Related Applications. Zone Change (File No. PZC23-001) approval shall not be final and complete until such time that related File No. PSPA22-008 has been approved by the City Council.
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