Agenda packet — Ontario City Council, January 16, 2024 (part 1 of 7)

CITY OF ONTARIO
Regular City Council/Housing Authority
Meeting
JANUARY 16, 2024
City Hall
303 East B Street, Ontario, CA 91764

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

WELCOME TO A MEETING OF THE ONTARIO CITY COUNCIL

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

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

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

Comments will be limited to 3 minutes. Speakers will be alerted when they have 1 minute remaining and when their time is up. Speakers are then to return to their seats and no further comments will be permitted.

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

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

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

ATTACHMENT:

20240116 Closed Session

ACCOMODATIONS

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

ORDER OF BUSINESS

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

CALL TO ORDER
(OPEN SESSION)

ROLL CALL

Dorst-Porada, Wapner, Bowman, Valencia, Mayor/Chairman Leon

CLOSED SESSION PUBLIC COMMENT

The Closed Session Public Comment portion of the Council/Housing Authority meeting is limited to a maximum of 3 minutes for each speaker and comments will be limited to matters appearing on the Closed Session. Additional opportunities for further Public Comment will be given during and at the end of the meeting.

CLOSED SESSION
G.C. 54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Attorney

GC 54956.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038

CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION
Initiation of litigation pursuant to GC 54956.9(d)(4),
One (1) potential case

PLEDGE OF ALLEGIANCE
Council Member Valencia
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 2

INVOCATION
Pastor Richard Hernandez, The Church of God Ontario

REPORT ON CLOSED SESSION
City Attorney
PUBLIC COMMENTS 6:30 P.M.

The Public Comment portion of the Council/Housing Authority meeting is limited to 30 minutes with each speaker given a maximum of 3 minutes. An opportunity for further Public Comment may be given at the end of the meeting. Under provisions of the Brown Act, Council is prohibited from taking action on oral requests.

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

AGENDA REVIEW/ANNOUNCEMENTS

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

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

CONSENT CALENDAR

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

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

1. APPROVAL OF MINUTES

ATTACHMENT:

20231205 Minutes (Not official until approved)

ATTACHMENT:

20231219 Minutes (Not official until approved)

2. BILLS & PAYROLL

3. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LAW ENFORCEMENT MEDICAL SERVICES, INC.

ATTACHMENT:

Amended and Restated Professional Services Agreement (for Assault Victim Exam and Phlebotomy Services) LEMS Inc.

4. DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF

GOVERNMENTS (SCAG) ANNUAL GENERAL ASSEMBLY MEETING

5. A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN BERNARDINO

COUNTY TAX ROLLS

ATTACHMENT:

Comm Imp Special Assessments for County Tax Rolls 01^RESO^RM.doc

Each member of the public wishing to address the City Council on items listed on the Consent Calendar will be given a total of 3 minutes.

Minutes for the regular meetings of the City Council and Housing Authority of December 5, 2023 and December 19, 2023, approving same as on ﬁle in the Records Management Department.

Bills December 1, 2023 through December 21, 2023, and Payroll November 19, 2023 through December 16, 2023.

That City Council authorize the City Manager or his designee to execute Amendment No. 1 to Professional Services Agreement with Law Enforcement Medical Services, Inc., of Fontana, California, to extend the Agreement for an additional two successive one-year terms, increase the current funding threshold for a total not-to-exceed contract amount of $357,000 and update the fee schedule.

That the City Council appoint Mayor pro Tem Debra Dorst-Porada as the City Delegate Representative and
Mayor Paul Leon
as the alternate.

That the City Council adopt a Resolution for recovery of fees and costs incurred in abating property and dangerous building violations, as well as administrative citations and civil penalties associated with property maintenance violations and placing assessments on the San Bernardino County Tax Rolls.

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

REPORT REQUESTING THE PLACEMENT OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS

FOR CIVIL PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT OF VIOLATIONS OF CITY CODES AND ORDINANCES.

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

ATTACHMENT:

Special Assessments^02 - Exhibit A

ATTACHMENT:

Special Assessments^03 - Exhibit B

ATTACHMENT:

Special Assessments^04 - Exhibit C

6. AN ORDINANCE APPROVING A FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO. PDA05-002) BETWEEN THE CITY OF ONTARIO AND SC ONTARIO DEVELOPMENT COMPANY, LLC.

ATTACHMENT:

File No. PDA05-002 SC Ontario Development Co^01 EXH A&B

ATTACHMENT:

File No. PDA05-002 SC Ontario Development Co 02^ORD^RM

ATTACHMENT:

File No. PDA05-002 SC Ontario Development Co^03^DEV AGR

7. AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23-002) BETWEEN THE CITY OF ONTARIO AND IV3 LOMA CREEK LOGISTICS CENTER, LLC

ATTACHMENT:

File No. PDA23-002 BrookCal Ontario LLC LLC 01^EXH A and B

ATTACHMENT:

File No. PDA23-002 BrookCal LLC 02^ORD^RM
That the City Council consider and adopt an Ordinance approving a Fifth Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA05-002, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND SC

ONTARIO DEVELOPMENT COMPANY, LLC TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP NO. 20487 (FILE NO. PMTT22-024) TO SUBDIVIDE

31.70 ACRES OF LAND INTO 5 NUMBERED LOTS FOR CONDOMINIUM PURPOSES, LOCATED

EAST OF THE CUCAMONGA CREEK CHANNEL, WEST OF ARCHIBALD AVENUE, SOUTH OF ONTARIO RANCH ROAD AND APPROXIMATELY 1,104 FEET NORTH OF EUCALYPTUS AVENUE WITHIN PLANNING AREAS 17, 18, AND 19 OF THE PARKSIDE SPECIFIC PLAN (FILE NO. PSP03- 002), AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0218-221-10, 0218-221-11, 0218- 231-45, 0218-231-04, 0218-231-08, 0218-231-10, 0218-231-11, 0218-231-13, 0218-231-15, 0218-231-16, 0218-231-23, 0218-231-24, 0218-231-31, 0218-231-32, 0218-231-34, 0218-231-36, 0218-231-39, 0218-063-06, 0218-063-07, 0218-073-04, 0218-073-06, 0218-073-07, 0218-063-04 AND 0218-231-47, AND 0218-231-48.

That the City Council consider and adopt an Ordinance approving a Development Agreement (File No. PDA23-002) between the City of Ontario and IV3 Loma Creek Logistics Center LLC.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA23-002, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND IV3

LOMA CREEK LOGISTICS CENTER LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO. PDEV23-013) TO CONSTRUCT ONE (1) INDUSTRIAL BUILDING TOTALING 534,373 SQUARE FEET ON 23.88 ACRES OF LAND, LOCATED ON THE WEST SIDE OF MILL CREEK AVENUE, APPROXIMATELY 300 FEET SOUTH OF CHINO AVENUE, WITHIN PLANNING AREA 2C (LIGHT INDUSTRIAL DISTRICT) OF THE RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 218-161-18.

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

ATTACHMENT:

File No. PDA23-002 BrookCal Ontario LLC^03 DEV AGR

8. A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA23-003) REVISING AND CLARIFYING

CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE AND A ZONE CHANGE (FILE NO. PZC23-002) TO MODIFY THE ZONING MAP
That the City Council consider and adopt the following:

A
.

An Ordinance approving File No. PDCA23-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 3.0 (Nonconforming Lots, Land Uses, Structures, and Signs), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code; and B
.

An Ordinance approving File No. PZC23-002, a Zone Change to modify the Zoning Map to remove the EA (Euclid Avenue) Overlay south of Philadelphia Avenue.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA23-003, A DEVELOPMENT CODE AMENDMENT REVISING AND CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 3.0 (NONCONFORMING LOTS, LAND USES, STRUCTURES, AND SIGNS), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND 8.0 (SIGN REGULATIONS) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC23-002, A ZONE CHANGE TO MODIFY THE ZONING MAP TO REMOVE THE EA (EUCLID AVENUE) OVERLAY DISTRICT SOUTH OF PHILADELPHIA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1051-051-11, 1051-051-12, 1051-051-17, 1051-051-71, 1051-051-72, 1051-051-22, 1051-051-23, 1051-051-24, 1051-051-25, 1051-051-26, 1051-051-27, 1051-051-28, 1051-051-29, 1051-051-30, 1051-051-31, 1051-051-32, 1051-051-33, 1051-051-34, 1051-051-35, 1051-051-36, 1051-051-37, 1051-051-38, 1051-051-39, 1051-051-40, 1051-051-41, 1051-051-42, 1051-051-43, 1051-051-44, 1051-051-45, 1051-051-46, 1051-051-47, 1051-051-48, 1051-051-49, 1051-051-50, 1051-051-51, 1051-051-52, 1051-051-53, 1051-051-54, 1051-051-55, 1051-051-56, 1051-051-57, 1051-051-58, 1051-051-59, 1051-051-60, 1051-051-61, 1051-051-62, 1051-051-63, 1051-051-64, 1051-051-65, 1051-051-66, 1051-051-67, 1051-051-68, 1051-051-73, 1051-062-25, 1051-062-26, 1051-062-27, 1051-062-28, 1051-062-29, 1051-062-30, 1051-062-31, 1051-062-32, 1051-062-33, 1051-062-34, 1051-062-35, 1051-062-36, 1051-062-37, 1051-062-38, 1051-062-39, 1051-081-01, 1051-062-40, 1051-062-41, 1051-062-42, 1051-062-48, 1051-062-49, 1051-071-02, 1051-071-04, 1051-081-01, 1051-081-02, 1051-211-02, 1051-211-03, 1051-211-10, 1051-222-01, 1051-222-13, 1051-222-20, 1051-271-06, 1051-271-66, 1051-271-67, 1051-281-04, 1051-281-09, 1051-281-77, 1051-281-79, 1051-281-80, 1051-411-12, 1051-411-13, 1051-411-14, 1051-411-15, 1051-411-16, 1051-411-17, 1051-411-18, 1051-411-35, 1051-411-36, 1051-411-37, 1051-411-38, 1051-412-21, 1051-412-22, 1051-412-23, 1051-412-24, 1051-412-25, 1051-412-26, 1051-412-27, 1051-412-28, 1051-421-08, 1051-421-09, 1051-421-10, 1051-421-11, 1051-421-12, 1051-421-13, 1051-421-14, 1051-421-15, 1051-431-55, 1051-431-56, 1051-431-57, 1051-431-58, 1051-431-59, 1051-431-60, 1051-431-61, 1051-441-08, 1051-441-51, 1051-522-10, 1051-522-02, CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 6

ATTACHMENT:

File No. PDCA23-003 & PZC23-002 2023 Dev Code Amend
2^02^ORD^RM

ATTACHMENT:

PDCA23-003 & PZC23-002 2023 Dev Code Amend 2^ORD^03 Attach A

ATTACHMENT:

PDCA23-003 & PZC23-002 2023 Dev Code Amend 2^04^ORD

9. AN AMENDMENT TO THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR THE PROPOSED MINOR LEAGUE BASEBALL STADIUM

AND PARKING STRUCTURE EXPEDITED PLAN CHECK, BUILDING OFFICIAL, AND BUILDING

INSPECTION SERVICES

ATTACHMENT:

Amendment 1.pdf

10. AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP

FOR OFF-SITE DESIGN AND STREET NETWORK WITHIN THE SPORTS COMPLEX DESIGN

ATTACHMENT:

Ardurra Amendment 17 NEW.pdf

11. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH CONVERGINT

TECHNOLOGIES, LLC FOR THE ONTARIO MUSEUM OF HISTORY AND ARTS EXTERIOR DOOR 1051-522-03, 1051-522-04, 1051-522-05, 1051-522-61, 1051-522-62, 1051-522-63, 1051-522-64, 1051-522-65, 1051-522-66, 1051-522-67, 1051-522-68, 1051-522-69, 1051-522-74, 1051-522-75, 1051-522-76, 1051-522-77, 1051-522-78, 1051-614-01, 1051-614-02, 1051-614-03, 1051-614-07, 1051-614-08, AND 1051-614-09.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 1 to the On-Call Professional Services Agreement with Transtech Engineers, Inc., of Chino, California, for Proposed Minor League Baseball Stadium and Parking Structure Expedited Plan Check, Building Oﬃcial, and Building Inspection services in the amount of $788,960 for a total not-to-exceed contract amount of $1,138,960; and
B
.

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

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 17 to the On-Call Design Services Agreement with Ardurra Group of Newport Beach, California, for the Off- site Design and Street Network Within the Sports Complex Design in the amount of $6,117,228 for a total not-to-exceed contract amount of $9,157,468; and B
.

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

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 7

ACCESS CONTROL UPGRADE

ATTACHMENT:

Model Amendment Agreement_Convergint

12. AN AMENDMENT TO THE MAINTENANCE SERVICES AGREEMENT WITH RYMAX ELECTRICAL, INC. FOR ON-CALL ELECTRICAL SERVICES

ATTACHMENT:

RYMAX AMENDMENT NO.3.pdf

13. A CONSTRUCTION CONTRACT WITH MAMCO INC., A PROFESSIONAL SERVICE AGREEMENT WITH STANTEC CONSULTING SERVICE INC., AND TWO AMENDMENTS FOR PROFESSIONAL SERVICES WITH AKM CONSULTING ENGINEERS INC. AND TWINING INC. FOR THE

MERCEDES LANE AND FERRARI LANE SEWER IMPROVEMENT PROJECT That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 2 to the Maintenance Services Agreement with Convergint Technologies, LLC, of La Palma, California, for the Ontario Museum of History and Arts Exterior Door Access Control Upgrade in the amount of $40,598 for a total not-to-exceed contract amount of $3,842,480; and
B
.

That the City Council approve and authorize the City Manager or his designee to execute Amendment No. 3 to the Maintenance Services Agreement with Rymax Electrical, Inc. of Upland, California, for On-Call electrical services in the amount of $200,000, for a total not-to- exceed contract amount of $570,952.

That the City Council take the following actions:

A
.

Approve the plans and speciﬁcations and award Contract No. UT 1062 to Mamco Inc. of Perris, California, for the Mercedes Lane and Ferrari Lane Sewer Improvement Project, in the amount of $2,055,555 plus a 15% contingency of $308,334 for a total not-to-exceed amount of $2,363,889, a term of 180 calendar days after issuance of notice to proceed, and authorize the City Manager, or his designee, to execute said contract and ﬁle a notice of completion at the conclusion of all construction activities related to the project.

B
.

Approve and authorize the City Manager, or designee, to execute a Professional Services Agreement with Stantec Consulting Services Inc. of Irvine, California, for a total not-to- exceed amount of $125,500 for construction engineering services and a term from January 16, 2024 to October 31, 2024.

C
.

Approve and authorize the City Manager, or designee, to execute Amendment No. 6 to the Professional Services Agreement with AKM Consulting Engineers of Irvine, California, to amend Agreement amount by $166,289 for a new total not-to-exceed amount of $672,700 for construction management and inspection services and a term from January 16, 2024 to October 31, 2024.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 8

ATTACHMENT:

Exhibit A.pdf

ATTACHMENT:

2024 Mamco, Inc Construction Contract.pdf

ATTACHMENT:

2024 AKM PSA Amendment No.6.pdf

ATTACHMENT:

2024 Stantec PSA.pdf

ATTACHMENT:

2024 Twining PSA Amendment No. 1.pdf

14. AMENDMENTS TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE 208 EMPORIA 1ST FLOOR OFFICE RENOVATION PROJECT

AND LIBRARY WORKSTATION PROJECT

ATTACHMENT:

CalTek Amendment No. 4 AA NEW^.pdf

ATTACHMENT:

CalTek Amendment No. 5 AA NEW^.pdf

15. A CHANGE ORDER TO THE CONSTRUCTION CONTRACT WITH JCOS DEVELOPMENT, INC.

FOR THE JOHN GALVIN PARK RESTROOM RENOVATION PROJECT

ATTACHMENT:

Change Order No 2 AA2.pdf

ATTACHMENT:

CO Proposal 6.pdf
D
.

Approve and authorize the City Manager, or designee, to execute Amendment No. 1 to the Professional Services Agreement with Twining Inc. of Riverside, California, to amend Agreement amount by $38,836 for a new total not-to-exceed amount of $188,836 for geotechnical and material testing services and a term from January 16, 2024 to October 31, 2024.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute Amendment No. 4 to the Professional Services Agreement with CalTek Technologies, Inc., of Ontario, California, for the 208 Emporia 1st Floor Office Renovation Project in the amount of $3,534; B
.

Authorize the City Manager or his designee to execute Amendment No. 5 to the Professional Services Agreement with CalTek Technologies, Inc., of Ontario, California, for the Library Workstation Project in the amount of $4,663 for a total not-to-exceed contract amount of $172,169; and
C
.

That the City Council take the following actions:

A
.

Authorize Change Order No. 2 to the Construction Contract with JCOS Development, Inc. (JCOS), of Buena Park, California, in the amount of $41,937 for a total not-to-exceed contract amount of $1,196,796, for the John Galvin Park Restroom Renovation Project; and
B
.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 9

ATTACHMENT:

CO Proposal 7.pdf

16. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH MARK CHRISTOPHER CHEVROLET, INC. FOR THE PROCUREMENT OF GMC AND CHEVROLET ORIGINAL

EQUIPMENT MANUFACTURER PARTS AND SERVICES

ATTACHMENT:

Mark Christopher Amend #3 Revised 2023 Ontario Model Amend AA1

17. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH AMREP

MANUFACTURING COMPANY FOR PARTS AND REPAIRS OF REFUSE TRUCK BODIES

ATTACHMENT:

Amendment No. 3 Amrep AA.pdf

18. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH CITRUS MOTORS ONTARIO, INC. FOR THE PROCUREMENT OF FORD ORIGINAL EQUIPMENT

MANUFACTURER PARTS AND REPAIR SERVICES

ATTACHMENT:

Amendment No. 5 Citrus Motors AA.pdf

19. A MAINTENANCE SERVICES AGREEMENT WITH PRO-CRAFT CONSTRUCTION, INC. AND 24- HOUR EXPRESS SERVICES, INC. FOR ON-CALL PLUMBING SERVICES

ATTACHMENT:

24-HR On_Call_Plumbing_Revised 2023 Ontario - Model Maintenance Services Agreement
(2).pdf
That the City Council authorize the City Manager or his designee to execute Amendment No. 3 to the Goods and Services Agreement with Mark Christopher Chevrolet, Inc., of Ontario, California, for the procurement of GMC and Chevrolet Original Equipment Manufacturer (OEM) parts and services in the amount of $60,000, for a total not-to-exceed contract amount of $360,000.

That the City Council authorize the City Manager or his designee to execute Amendment No. 3 to the Goods and Services Agreement with AMREP Manufacturing Company, of Ontario, California, for parts and repairs of refuse truck bodies in the amount of $360,000, for a total not-to-exceed contract amount of $2,010,000.

That the City Council authorize the City Manager or his designee to execute Amendment No. 5 to the Goods and Services Agreement with Citrus Motors Ontario, Inc., of Ontario, California, in the amount of $160,000, for a total not-to-exceed contract amount of $690,000 for the procurement of Ford Original Equipment Manufacturer (OEM) parts and repair services.

That the City Council take the following actions:

A
.

Authorize the City Manager or his designee to execute a three-year Maintenance Services Agreement with Pro-Craft Construction, Inc., of Redlands, California, for on-call plumbing services in the amount of $450,000; and authorize the option to extend the agreements for up to two additional one-year terms; and B
.

Authorize the City Manager or his designee to execute a three-year Maintenance Services Agreement with 24-Hour Express Services, Inc., of Murrieta, California, for on- call plumbing services in the amount of $450,000; and authorize the option to extend the agreements for up to two additional one-year terms.

CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 10

ATTACHMENT:

Pro-Craft_On_Call_Plumbing_Revised 2023 Ontario - Model Maintenance Services Agreement
(2).pdf

20. PURCHASE AND IMPLEMENTATION OF AUTOMATED LICENSE PLATE RECONGITION SYSTEM

ATTACHMENT:

Ontario PD x Flock - 5-year Renewal+Expansion (20 Falcons)

ATTACHMENT:

Senate Bill 1439 Flock.pdf

21. A PROFESSIONAL SERVICES AGREEMENT WITH CARDO CONSULTING, INC. TO ASSIST IN

THE IMPLEMENTATION AND COORDINATION OF THE NEW FIRE AMBULANCE PROGRAM

ATTACHMENT:

CARDO Consulting_Professional Services Agreement

22. AN AMENDMENT TO THE AGREEMENT FOR THE JOINT EXERCISE OF POWERS RELATIVE TO

THE SAN BERNARDINO ASSOCIATED GOVERNMENTS

ATTACHMENT:

Final JPA Amendment No 4 language from MT 1 3 24.docx

ATTACHMENT:

Final FY2023-24 GA Dues 12 20 23.pdf

23. A PUBLIC HEARING TO CONSIDER FILE NO. PUD21-002, A PLANNED UNIT DEVELOPMENT FOR A 0.48-ACRE PARCEL OF LAND LOCATED AT 413 WEST EMPORIA STREET SUBMITTED BY

JWDA-MS ARCHITECTS
That City Council authorize the City Manager or his designee to execute all documents necessary for the purchase and implementation of twenty Automated License Plate Recognition (ALPR) cameras from Flock Systems of Atlanta, GA in the amount of $1,487,500.

That the City Council authorizes the City Manager or designee, to approve a Professional Services Agreement with Cardo Consulting, Inc., of Temecula, California, for the implementation and coordination of the new Fire Ambulance Program for a not-to-exceed contract amount of $390,000.

That the City Council approve Amendment No. 4 to the Joint Exercise of Powers Agreement Relative to the San Bernardino Associated Governments to for San Bernardino Associated Governments (SANBAG), now referred to as the San Bernardino Council of Governments (SBCOG), to increase membership dues by $27,553, for a total of $123,395.

PUBLIC HEARINGS

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

That the City Council introduce and waive further reading of an Ordinance Approving File No.

PUD21-002, the Emporia Work/Live Lofts Planned Unit Development, establishing development standards and design guidelines to facilitate joint work/live quarters at 413 West CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 11

ATTACHMENT:

20230116 File No. PUD21-002^ PC Back-up.pdf

ATTACHMENT:

File No. PUD21-002 Emporia Work Live lofts PUD^ORD^02^RM

ATTACHMENT:

File No. PUD21-002 PUD Emporia Live Work^03

24. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA21-012) BETWEEN THE CITY OF ONTARIO AND

RICHLAND MEADOWLAND, LTD, STRACK FARMS LAND, LLC, AND RMD INLAND

INVESTORS, LLC

ATTACHMENT:

File No. PDA21-012 Richland Ontario Developers LLC^01 EXH A&B

ATTACHMENT:

File No. PDA21-012 Richland Ontario Developers LLC 02^ORD^RM

ATTACHMENT:

File No. PDA21-012 Richland Ontario Developers LLC^03 DEV AGR

25. A RESOLUTION TO RENEW THE DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT Emporia Street.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PUD21-002, A PLANNED UNIT DEVELOPMENT TO ESTABLISH DEVELOPMENT AND PERFORMANCE STANDARDS AND DESIGN GUIDELINES FOR 0.48-ACRES OF LAND LOCATED AT 413 WEST EMPORIA STREET WITHIN THE LUA-2N (ARTS DISTRICT- NORTH) OF THE MU-1 (DOWNTOWN MIXED USE) ZONING DISTRICT, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 1049-059-03.

That the City Council introduce and waive further reading of an Ordinance approving a Development Agreement (File No. PDA21-012) between the City of Ontario and Richland Meadowland, LTD, Strack Farms Land, LLC, and RMD Inland Investors, LLC.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA21-012, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND

RICHLAND MEADOWLAND, LTD A TEXAS LIMITED PARTNERSHIP, STRACK FARMS LAND, LLC, A

DELAWARE LIMITED LIABILITY COMPANY, AND RMD INLAND INVESTORS, LLC, A DELAWARE

LIMITED LIABILITY COMPANY, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20472 (FILE NO. PMTT21-018), A 47.16 ACRE PROPERTY LOCATED AT

THE SOUTHWEST CORNER OF EUCALYPTUS AVENUE AND HAVEN AVENUE, WITHIN PLANNING AREA 30 MIXED RESIDENTIAL AND PLANNING AREA 31 MIXED RESIDENTIAL OF THE SUBAREA 29 SPECIFIC PLAN (FILE NO. PSPA21-005), AND MAKING FINDINGS IN SUPPORT THEREOF - APN(S): 0218-331-31 AND 0218-331-52.

It is recommended that the City Council take the following actions pertaining to the renewal of the Downtown Ontario Community Benefit District (“CBD”):

A
.

Conduct the public hearing;
B
.

Consider oral and written testimony regarding the proposed renewal of the CBD; C
.

Tabulate Assessment ballots returned to the City pursuant to the procedures set forth in Government Code Section 53753; and
D
.

If ballot tabulation results in a weighted majority in support of renewing the CBD, adopt CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 12

ATTACHMENT:

CBD Renewal Management District Plan^01 EX B

ATTACHMENT:

CBD Renewal- Notice of Ballot^02 EX A

ATTACHMENT:

CBD Renewal- Cover Letter^ EX C

ATTACHMENT:

CBD Renewal-Recorded Boundary Map of Downtown Ontario Dist^EX D

ATTACHMENT:

CBD Renewal- Mailing Affidavit^ EX E

ATTACHMENT:

Resolution Formation 2024 Renewal Downtown CBD^RESO^RM
a Resolution of Formation to renew the CBD and to levy and collect assessments within such CBD pursuant to California Streets and Highways Code 36600

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, TO RENEW THE

DOWNTOWN ONTARIO COMMUNITY BENEFIT DISTRICT AND TO LEVY AND COLLECT

ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE ESTABLISHMENT OF PROPERTY BUSINESS IMPROVEMENT DISTRICTS - SECTION 36600 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND TAKING OTHER ACTIONS THERETO.

STAFF MATTERS

City Manager Ochoa

COUNCIL MATTERS

Mayor Leon
Mayor pro Tem Dorst-Porada
Council Member Wapner
Council Member Bowman
Council Member Valencia

ADJOURNMENT
CITY OF ONTARIO Regular City Council/Housing Authority Meeting CITY HALL 303 EAST B STREET, ONTARIO CA 91764 • www.OntarioCA.gov 13 1 of 2

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) January 16, 2024
ROLL CALL: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.

STAFF: City Manager / Executive Director __, City Attorney __ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  G.C. 54957 PUBLIC EMPLOYEE PERFORMANCE EVALUATION Title: City Attorney No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  GC 54656.9(d)(1), CONFERENCE WITH LEGAL COUNSEL, EXISTING LITIGATION Robles, et al. v. City of Ontario et al., Case No. CIVDS2007038 No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ 14 2 of 2

CITY OF ONTARIO

CLOSED SESSION REPORT
City Council // Housing Authority // Other // (GC 54957.1) January 16, 2024
(Continued)
In attendance: Dorst-Porada _, Wapner _, Bowman _, Valencia _, Mayor / Chairman Leon _.  CONFERENCE WITH LEGAL COUNSEL, ANTICIPATED LITIGATION Initiation of litigation pursuant to GC 54956.9(d)(4), One (1) potential case No Reportable Action Continue Approved
/ / / / / /
Disposition: _________________________________________________________________ Reported by:
___________________________________________
City Attorney / City Manager / Executive Director
15 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 5, 2023
(Not Official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, December 5, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:31 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Alan D. Wapner, and Ruben Valencia.

ABSENT: Council/Authority Members: Jim W. Bowman.

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

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Dorst-Porada.

INVOCATION
The invocation was led by Senior Pastor Gresford Thomas of the Ontario Seventh-Day Adventist Church.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were two written public comments:

James Trott, regarding parking for businesses.

Lory Mason, regarding Consent Calendar Item Nos. 9 and 10.

Mayor Leon called upon the first speaker:

Amanda Coker, spoke regarding the Chino Basin Water Conservation District and announced upcoming events.

Trudy Holloway, spoke on her experience serving the Meals on Wheels organization as well as flooding occurring on J street.

Mario Huante, spoke on the shared principles of the California and Arizona state constitutions.
16 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 5, 2023

Page 2 of 8 ends

AGENDA REVIEW/ANNOUNCEMENTS
Assistant City Attorney Guiboa reported on Item 14 and announced the base salary for the incoming Fire Chief range to be between $22,100 and $29,400 dollars per month with $6,000 dollars in fringe benefits per month.

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.

CONSENT CALENDAR
MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Bowman absent, to approve the Consent Calendar.

Mayor pro Tem Dorst-Porada referenced Item No. 6 regarding her desire to sustain the vitality of local business.

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of November 7, 2023, approving the same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills November 7, 2023 through November 16, 2023 in the amount of $28,019,673.63, and Payroll October 22, 2023 through November 4, 2023 in the amount of $5,111,499.52.

3. RESOLUTIONS UPDATING AUTHORIZED DEPUTY CITY TREASURES AND

UPDATED INVESTMENT POLICY
The City Council approved the adoption of Resolutions rescinding Resolution Nos. 2022-157 and 2022-158; and amending the list of Deputy City Treasurers authorized to invest City Funds in the Local Agency Investment Fund (LAIF) and other eligible investment securities and consider and approve the update to the City of Ontario’s Investment Policy
RESOLUTION NO. 2023-158 A RESOLUTION OF THE CITY COUNCIL FO THE

CITY OF ONTARIO, CALIFORNIA, PROVIDING FOR THE INVESTMENT OF

INACTIVE FUNDS IN THE LOCAL AGENCY INVESTMENT FUND OF THE

CALIFORNIA STATE TREASURY AND HEREBY RESCINDING RESOLUTION NO. 2022-157.
17 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 5, 2023

Page 3 of 8 ends

RESOLUTION NO. 2023-159 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE INVESTMENT OF CITY FUNDS AND HEREBY RESCINDING RESOLUTION NO. 2022-158.

4. A RESOLUTION APPROVING FINAL PARCEL MAP NO. 20087. LOCATED AT

THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH
STREET
The City Council adopted a Resolution approving Final Parcel Map No. 20087 located at the southwest corner of Ontario Mills Drive and Fourth Street RESOLUTION NO. 2023-160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING A FINAL PARCEL MAP NO. 20087, LOCATED AT THE SOUTHWEST CORNER OF ONTARIO MILLS DRIVE AND FOURTH STREET.

5. A CONSTRUCTION CONTRACT WITH RESOURCE ENVIRONMENTAL, INC.

FOR THE DEMOLITION OF THE BUILDINGS AT 404 N. EUCLID AVE. AND CONSTRUCTION OF A NEW “D BLOCK” TEMPORARY SURFACE PARKING LOT
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute a Construction Contract No. D&C23-002 404 N. Euclid Demolition with Resource Environmental, Inc., of Cerritos, California, for the demolition of 404 N. Euclid Ave and the construction of a temporary surface parking lot in the amount of $1,639,000;
B. Authorized the City Manager or his designee to execute a %15 contingency of $245,850 to address any unforeseen issues that may arise during the demolition and construction for a total contract amount not-to-exceed $1,884,850; and
C. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contract, agreements, assessments, easements, reduction of retention accounts and filing a notice of completion at the conclusion of all construction related activities.

6. PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONSULTING

SERVICES
The City Council and Housing Authority Board approved and authorized the City Manager, or designee, to execute a three-year On-Call Professional Services Agreements with five acquisition, relocation, property management firms, seven real estate valuation and appraisal firms, ten engineering and land surveying firms, and six environmental firms; and authorize the City Manager or designee to extend the agreements for up to two additional one-year periods. In no event hall the proposed Agreement, with each firm, exceed $500,000 over a three-year period with an allocation of $166,000 per year.
18 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 5, 2023

Page 4 of 8 ends

7. A PROFESSIONAL SERVICES AGREEMENT WITH FREEDOM AUTOMATION INC. FOR SUPERVISORY CONTROL AND DATA ACQUISITION COMPUTER

PROGRAMMING AND MAINTENANCE SERVICES
The City Council approved and authorized the City Manager, or his designee, to execute a Professional Services Agreement with Freedom Automation Inc., of Oceanside, California, for the City’s Supervisory Control and Data Acquisition (SCADA) computer programming and maintenance services in the amount of $200,000 for Fiscal Year 2023-24, and authorize the cost of $200,000 per Fiscal Year (2024-25 to 2027-28) for a total not-to-exceed amount of $1,000,000, with an initial term from December 5, 2023 to June 30, 2024, with the option to extend the Agreement for up to four consecutive one year periods, at the set pricing levels per Bid No. 1676.

8. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CALTEK TECHNOLOGIES, INC. FOR THE 208 EMPORIA 2ND FLOOR OFFICE

RENOVATION PROJECT
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute Amendment No. 3 to the Professional Services Agreement with CalTek Technologies, of Ontario, California, for the 208 Emporia 2nd Floor O ce Renovation Project in the amount of $13,972 for a total not-to-exceed contract amount of $163,972; and B. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

9. A ZONE CHANGE REQUEST (FILE NO. PZC23-003) FOR VARIOUS

PROPERTIES THROUGHOUT THE CITY
The City Council considered and adopted an Ordinance approving a Zone Change application (File No. PZC23-003) to rezone: [1] 3.8 acres of land from HDR-45 (High- Density Residential, 25.1-45 dus/acre) to MU-1 (Downtown Mixed Use) located north of D Street, south of E Street, and to the west of Laurel Street; [2] 9.8 acres of land from BP (Business Park) to MU-6 (East Holt Mixed Use) located on the north side of Holt Boulevard, 800 feet east of Imperial Street; and [3] 5.75 acres of land from OL (Low-Intensity O ce) to MU-1 (Downtown Mixed Use) located on the southwest corner of Sultana Avenue and D Street. First reading and introduction took place at a regular meeting on November 21, 2023.

ORDINANCE NO. 3263 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC-23-003, A ZONE CHANGE REQUEST TO AMEND THE OFFICIAL ZONING MAP: [1] REZONING

3.8 ACRES OF LAND FROM HDR-45 (HIGH-DENSITY RESIDENTIAL) TO MU-1 19 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 5, 2023

Page 5 of 8 ends

(DOWNTOWN MIXED USE), [2] REZONING OF 9.8 ACRES OF LAND FROM BP (BUSINESS PARK) TO MU-6 (EAST HOLT MIXED USE), AND [3] REZONING 5.75 ACRES OF LAND FROM OL (LOW- INTENSITY OFFICE) TO MU-1 (DOWNTOWN MIXED USE), AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0110- 072-25, 0110-081-06, 0110-081-07, 1048-344-03, 1048-353-04, 1048-353-05, 1048-353-09, 1048-353-13, 1048-353-14, 1048-541-15, 1048-576-01, AND 1048-576-02.

10. A RESOLUTION APPROVING THE FILING OF AN APPLICATION FOR GRANT

FUNDS FOR OUTDOOR EQUITY GRANTS PROGRAM
The City Council took the following actions:

A. Adopted a Resolution approving the filing of an application for grant funds through the Outdoor Equity Grants Program;
B. Authorized the City Manager, or his designee, to execute any documents or agreements needed to complete the application and implement the grant; and C. Accepted funding of $100,000 provided by the Outdoor Equity Grants Program.

RESOLUTION NO. 2023-161 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING THE APPLICATION FOR OUTDOOR EQUITY GRANTS PROGRAM GRANT FUNDS.

11. AN AMENDMENT TO SECTION 5.03.363, "SHORT TERM RENTALS," OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO DEVELOPMENT CODE,

UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY

IN THE CITY
The City Council adopted an Ordinance amending subsections C, D, E, F, I, J and K of Section 5.03.363 of the Ontario Development Code, relating to regulations of short-term rentals. First reading and introduction took please at a regular meeting on November 21, 2023.

ORDINANCE 3264 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, AMENDING SECTION 5.03.363, “SHORT TERM RENTALS,” OF DIVISION 5.03 OF CHAPTER 5 OF THE ONTARIO

DEVELOPMENT CODE, UPDATING REGULATIONS FOR THE SHORT-TERM RENTAL OF PROPERTY IN THE CITY.

12. AN AMENDMENT TO THE ON-CALL MAINTENANCE SERVICES AGREEMENT

WITH WESTERN ALLIED CORPORATION FOR VARIOUS ONTARIO POLICE

DEPARTMENT TENANT IMPROVEMENT PROJECTS
The City Council took the following actions:
20 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 5, 2023

Page 6 of 8 ends

A. Authorized the City Manager or his designee to execute Amendment No. 1 to the On-Call Maintenance Services Agreement with Western Allied Corporation, of Santa Fe Springs, California, for Ontario Police Department (OPD) Tenant Improvement Projects in the amount of $135,000 for a total not-to-exceed contract amount of $1,560,000; and
B. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts, and filing a notice of completion at the conclusion of all construction related activities.

13. A CONSTRUCTION CONTRACT WITH MC ELECTRIC FOR THE PARKS POLE

REPLACEMENT PROJECT
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute a Construction Contract with MC Electric, of Chino, California, for the Parks Pole Replacement Project in the amount of $984,300; and
B. Authorized a 10% contingency of $98,430 to address any unforeseen issues that may arise during construction, for a total contract amount not-to-exceed $1,082,730; and
C. Authorized the City Manager or his designee to execute all documents required for the completion of the project including, but not limited to, contracts, agreements, assessments, easements, reduction of retention accounts and filing a notice of completion at the conclusion of all construction related activities.

14. ADOPT A RESOLUTION TO CONFIRM THE APPOINTMENT OF A NEW FIRE CHIEF
The City Council adopted a Resolution confirming the appointment of a new Fire Chief at a salary range consistent with range EX 9.

RESOLUTION NO. 2023-162 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, TO CONFIRM THE APPOINTMENT OF FIRE CHIEF.

PUBLIC HEARINGS

15. A PUBLIC HEARING TO CONSIDER A MILLS ACT CONTRACT
(PRESERVATION AGREEMENT), FILE NO. PHP23-007, FOR A DESIGNATED

HISTORIC PROPERTY
The City Council considered and adopted a Resolution approving and authorizing the City Manager or designee to enter into a Mills Act Contract (Preservation Agreement), for the designated historic property located at 311 West H Street (APN:
1048-271-09), Michael Kerby and Cynthia L. Kerby.
21 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 5, 2023

Page 7 of 8 ends

RESOLUTION NO. 2023-163 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PHP23-007, AND

AUTHORIZING THE CITY OF ONTARIO TO ENTER INTO A HISTORIC

PROPERTY PRESERVATION AGREEMENT (MILLS ACT CONTRACT) WITH MICHAEL KERBY AND CYNTHIA L. KERBY, FOR THE PROPERTY LOCATED AT 311 WEST H STREET (APN: 1048-271-09).

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Executive Director Scott Murphy provided a presentation regarding the historic property.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Mayor pro Tem Dorst-Porada seconded by Council Member Valencia and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-163.

16. A PUBLIC HEARING REGARDING AN ECONOMIC DEVELOPMENT SUBSIDY

REPORT, RESOLUTION, AND OPERATING COVENANT AGREEMENT
BETWEEN THE CITY OF ONTARIO AND HOME DEPOT U.S.A., INC.

The City Council took the following actions:

A. Adopted a Resolution accepting the Economic Development Subsidy Report prepared pursuant to Government Code Section 53083.1 regarding an Operating Covenant Agreement with Home Depot U.S.A., Inc.; and B. Adopted a Resolution approving the Operating Covenant Agreement and authorizing the City Manager or his designee to execute the Agreement; and C. Directed City Sta to file a Notice of Exemption based upon the City Council’s finding that the impact for this Agreement is not a project and subject to environmental review and that there is no possibility that the activity in question may have a significant eect on the environment.

RESOLUTION 2023-164 A RESOLUTION OF THE CITY COUNCIL OF THE CITY

OF ONTARIO, CALIFORNIA, ACCEPTING THE ECONOMIC DEVELOPMENT

SUBSIDY REPORT PREPARED PURSUANT TO GOVERNMENT CODE
SECTION 53083 REGARDING AN OPERATING COVENANT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND HOME DEPOT U.S.A., INC.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.
22 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 5, 2023

Page 8 of 8 ends

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Wapner and carried by a unanimous vote 4-0, with Council Member Bowman absent, to adopt Resolution No. 2023-164.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Mayor pro Tem Dorst-Porada thanked Staff for overseeing the Holiday parade.

Council Member Wapner echoed Mayor pro Tem Dorst-Porada’s appreciation for the Christmas parade and spoke on the ambulance response in Ontario. He thanked the San Bernardino Board of Supervisors for working towards the benefit of residents.

Mayor Leon recognized the Chino Basin Water District.

Council Member Valencia thanked the City Council for the Christmas parade and drone show.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 7:04 p.m. and announced the next regular meeting was scheduled for December 19, 2023.

Respectfully submitted,
___________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
23 ONTARIO CITY COUNCIL/

ONTARIO HOUSING AUTHORITY

MINUTES
DECEMBER 19, 2023
(Not official Until Approved)
(Not Official Until Approved)

JOINT MEETINGS
The regular meetings of the Ontario City Council and the Housing Authority were held on Tuesday, December 19, 2023 at Ontario City Hall, 303 E. B Street Ontario, California.

CALL TO ORDER
Mayor Leon called the joint meetings to order at 6:04 p.m.

ROLL CALL
PRESENT: Mayor/Chairman: Paul S. Leon
Mayor pro Tem/Vice Chair: Debra Dorst-Porada
Council/Authority Members: Jim W. Bowman.

ABSENT: Council/Authority Members: Alan D. Wapner and Ruben Valencia.

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

CLOSED SESSION
Mayor Leon inquired whether persons were present who wished to speak to the Closed Session items. Hearing no one, City Attorney Duran announced the matters for discussion as listed on the agenda and recessed to Closed Session at 6:06 p.m. for discussion of the following:

GC 54956.8, CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Property: APN: 1011-221-19; 1522 West Mission Boulevard; City/Authority negotiator:

Scott Ochoa or his designee; Negotiating parties: The Ramanbhai G. Patel and Manjulaben R. Patel Revocable Living Trust; Under negotiation: Price and terms of payment

OPEN MEETING CALLED TO ORDER
Mayor Leon reconvened the meetings at 6:37 p.m. for the regular session.

PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Bowman. 24 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 19, 2023

Page 2 of 13 ends

INVOCATION
Mayor Leon held a moment of silence in lieu of an invocation.

REPORT ON CLOSED SESSION
City Attorney Duran stated there was no reportable action.

SPECIAL CEREMONIES
The City Council recognized outgoing Fire Chief Raymond Gayk for his service. Senator Rubio also presented Chief Gayk with a Certificate of Recognition. Chief Gayk thanked the City Council and Staff for the recognition.

The City Clerk administered the Oath of Office to the newly appointed Fire Chief Michael Gerken. Chief Gerken provided remarks on his new role and thanked the Council.

Mayor Leon recessed the meetings at 7:17 p.m. and reconvened at 7:30 p.m.

PUBLIC COMMENTS
Assistant City Clerk Isbell announced there were two written public comments:

Lory Masonis, regarding the zoning administration and Item No. 8 of the Consent Calendar.

Carrie Chen, regarding resources for single mothers.

Mayor Leon called upon the first speaker:

Vijal Suthar, regarding campaigning.

Elizabeth McSwain, spoke regarding the prevention of local crime.

Estela Ballon, spoke on the proposed notification of upcoming projects.

Ramiro Hurtado, spoke regarding street sweeping.

Esther Qamaruzzaman-Schmall, spoke regarding the Noradsanta tracker.

Tori Mohmand , spoke on a local community organization and announced her first quarterly meeting.

Mario Huante, spoke on the Arizona State Constitution.

AGENDA REVIEW/ANNOUNCEMENTS
City Manager Ochoa announced an updated Exhibit A for Item No. 6. Copies of the update were made available for City Council and members of the public. 25 Ontario City Council/Ontario Housing
Regular Meeting Minutes – December 19, 2023

Page 3 of 13 ends

INFORMATION RELATIVE TO POSSIBLE CONFLICTS OF INTEREST
There were no conflicts of interest announced by the City Council.

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

1. APPROVAL OF MINUTES
Approved minutes for the regular meetings of the City Council and Housing Authority of November 21, 2023, approving the same as on file in the Records Management Department.

2. BILLS & PAYROLL
Approved bills November 17, 2023 through November 30, 2023 in the amount of $19,268,772.65, and Payroll November 5, 2023 through November 18, 2023 in the amount of $6,412,941.31

3. A CONSTRUCTION CONTRACT WITH SERVITEK ELECTRIC, INC. FOR THE FISCAL YEAR 2023-24 CDBG STREET LIGHT INSTALLATION PROJECT The City Council awarded a Construction Contract with Servitek Electric, Inc., of Walnut, California, for the Fiscal Year 2023-2024 CDBG Street Light Installation Project (Project) of $268,000 plus a ten percent (10%) contingency of $26,800, for a total not to exceed amount of $294,800; and authorized the City Manager, or his designee, to execute said contract and all related documents, and file a notice of completion at the conclusion of all construction activities.

4. A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT AND
IMPROVEMENT SECURITY FOR PROJECT NO. PDEV21-037 LOCATED AT 1516 SOUTH BON VIEW AVENUE
The City Council adopted a Resolution approving an Improvement Agreement and Improvement Security for Project No. PDEV21-037, located at 1516 South Bon View Avenue.

RESOLUTION NO. 2023-165 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT AND IMPROVEMENT SECURITY FOR PROJECT NO. PDEV21-037 LOCATED AT 1516 SOUTH BON VIEW AVENUE.
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5. AB 1600 DEVELOPMENT IMPACT FEE ANNUAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2023, AND SB 165 LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY REPORT FOR FISCAL YEAR ENDED JUNE 30, 2023 The City Council accepted the City of Ontario’s AB1600 Development Impact Fee (DIF) Annual Report (unaudited) for Fiscal Year Ended June 30, 2023, and the City of Ontario's SB 165 Local Agency Special Tax and Bond Accountability Report (unaudited) for Fiscal Year Ended June 30, 2023.

6. A PROFESSIONAL SERVICES AGREEMENT WITH SPORTS FACILITIES COMPANIES, INC. FOR CONSULTING SERVICES
The City Council approved and authorized the City Manager or designee to execute a Professional Services Agreement with Sports Facilities Companies, Inc., of Clearwater, Florida, (SFC) for consulting services in the amount of $742,000 with a 5% contingency of $37,100 to mitigate any unforeseen travel and reimbursement expenses for a total amount not-to-exceed of $779,100.

7. A QUITCLAIM DEED AND A RESOLUTION APPROVING AN IMPROVEMENT AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20505
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute a Quitclaim Deed to Ontario Extended Stay, LLC, for fee title ownership for a portion of East G Street; and
B. Adopted a Resolution approving an Improvement Agreement, Improvement Security and Final Parcel Map No. 20505 located at the southeast corner of Corona Avenue and G Street.

RESOLUTION NO. 2023-166 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN IMPROVEMENT
AGREEMENT, IMPROVEMENT SECURITY AND FINAL PARCEL MAP NO. 20505

LOCATED AT THE SOUTHEAST CORNER OF CORONA AVENUE AND G
STREET.

8. AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH

PARSONS CORPORATION FOR ENGINEERING DESIGN SERVICES FOR

VARIOUS TRANSFORMATIVE CLIMATE COMMUNITIES (TCC) ACTIVE

TRANSPORTATION PROJECTS
The City Council approved Amendment No. 4 to the Professional Services Agreement with Parsons Corporation of Illinois, for additional engineering and design services for the various TCC active transportation projects in the amount of $150,000. The revised total is $927,001 with a 10% contingency of $15,000, for a new not-to-exceed authorization amount of $942,001; and authorized the City Manager, or his designee, to execute said agreement and future amendments within the authorization limits.
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9. AUTHORIZE THE PURCHASE OF PLAYGROUND EQUIPMENT WITH
INNOVATIVE PLAYGROUNDS FOR HOMER F. BRIGGS PARK
The City Council authorized the cooperative purchase of playground equipment for Homer F. Briggs Park in the amount of $239,075 plus a 10% contingency of $23,908 to mitigate any unforeseen issues with supply chain surcharges and manufactory price increases for a total not-to-exceed amount of $262,983 from Innovative Playgrounds, of Whittier, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 010521-BUR.

10. A RESOLUTION AUTHORIZING THE CITY MANAGER TO GRANT

DEDICATIONS OF EASEMENTS WITHIN CITY RIGHT OF WAY
The City Council adopted a Resolution authorizing the City Manager to grant dedications of easements within City Right of Way for public utility and other lawful purposes on behalf of the City.

RESOLUTION NO. 2023-167 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO

GRANT DEDICATIONS OF EASEMENTS WITHIN CITY RIGHT OF WAY FOR PUBLIC UTILITY AND OTHER LAWFUL PURPOSES.

11. AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH

ARDURRA FOR ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES
The City Council approved Amendment No. 2 to the three-year Professional Services Agreement with Ardurra Group, Inc., of El Segundo, California, to provide On-Call Construction Management and Inspection Services for a revised cumulative contract total not-to-exceed amount of $2,271,208 with a contingency of $121,121 for a revised total not-to-exceed authorization amount of $2,392,329.

12. A PROFESSIONAL SERVICES AGREEMENT WITH URBAN FUTURES, INC.,

FOR CITYWIDE MUNICIPAL FINANCIAL ADVISORY SERVICES
The City Council authorized the City Manager or designee to execute the Professional Services Agreement with Urban Futures, Inc., of Walnut Creek, California, for the provision of citywide municipal financial advisory services, for a contract authority of a not-to-exceed amount of $1,597,500 and a term of three years, with an optional renewal period of two additional years.

13. A LEASE AGREEMENT BETWEEN WELLS FARGO, N.A. AND THE CITY OF

ONTARIO
The City Council approved a Lease Agreement between Wells Fargo, N.A. (Wells Fargo), and the City of Ontario for the use of the City-owned property located at 120 West "E" Street for a five-year term with the option to extend for up to two additional five-year terms.
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14. AN AGREEMENT FOR AUTOMATIC AID AND MUTUAL AID BETWEEN SAN

BERNARDINO COUNTY FIRE PROTECTION DISTRICT AND THE CITY OF

ONTARIO
The City Council authorized the City Manager or designee to execute an Agreement with San Bernardino County Fire Protection District for Fire Mutual Aid and Automatic Aid for rapid dispatch services and authorized the Fire Chief to negotiate and serve as the designated signatory on the Operating Plan.

15. A MAINTENANCE SERVICES AGREEMENT WITH CMAX COMMERCIAL MAINTENANCE, INC. FOR COMMERCIAL AND RESIDENTIAL WASTE

CONTAINER MAINTENANCE
The City Council took the following actions:

A. Authorized the City Manager or his designee to execute a Maintenance Services Agreement with CMAX Commercial Maintenance, Inc., of Ontario, California, for commercial and residential waste container maintenance in an amount of $125,000 per year for three (3) years for a total contract amount of $375,000;
B. Authorized a 5% contingency of $6,250 per year for three (3) years to address any unforeseen issues that may arise for a total not-to-exceed contract amount of $393,750; and
C. Authorized the City Manager or his designee to execute the optional two (2) one-year extensions to the Maintenance Services Agreement in a total not- to-exceed amount of $656,250 consistent with future budgets adopted by the City Council.

16. AN AMENDMENT TO THE GOODS AND SERVICES AGREEMENT WITH LOS

ANGELES TRUCK CENTERS FOR THE PROCUREMENT OF MEDIUM AND

HEAVY-DUTY PARTS AND REPAIRS
The City Council authorized the City Manager or his designee to execute Amendment No. 2 to the Goods and Services Agreement with Los Angeles Truck Centers, of Whittier, California, for the procurement of medium and heavy-duty parts, and repairs, in the amount of $1,500,000, increasing the not-to-exceed contract amount to $2,000,000 and extending the Agreement to June 30, 2025.

17. AN AMENDMENT TO THE ON-CALL DESIGN SERVICES AGREEMENT WITH ARDURRA GROUP FOR THE 935 E. HOLT AVE. DEMOLITION PROJECT The City Council authorized the City Manager or his designee to execute Amendment No. 17 to the on-call Design Services Agreement with Ardurra Group, of Newport Beach, California, for the 935 E. Holt Ave. Demolition Project in the amount of $39,609 for a total not-to-exceed contract amount of $3,079,849 and extend the term of the Agreement to October 27, 2026.
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18. AUTHORIZE THE PURCHASE OF FLEET VEHICLES
The City Council took the following actions:

A. Awarded Bid No. 1716 and authorized the purchase and delivery of two (2) EV Ford Transit vans in the amount of $135,342 plus a 20% contingency of $27,068 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $162,410 from Transwest Truck Center, of Fontana, California;
B. Awarded Bid No. 1718 and authorized the purchase and delivery of three (3) EV Ford Lighting pick up trucks in the amount of $209,507 plus a 20% contingency of $41,902 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $251,409 from Transwest Truck Center, of Fontana, California; C. Authorized the purchase and delivery of three (3) Ford F250 Utility pick up trucks in the amount of $199,000 plus a 20% contingency of $39,800 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to-exceed amount of $238,800 from Citrus Motors, of Ontario, California;
D. Authorized the cooperative purchase and delivery of one (1) John Deere 410 Backhoe in the amount of $175,679 plus a 20% contingency of $35,136 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases for a total not-to-exceed amount of $210,815 from RDO Equipment Company, of Riverside, California, consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 011723- JDC;
E. Authorized the cooperative purchase and delivery of one (1) Freightliner Cement Mixing Truck in the amount of $366,584 plus a 20% contingency of $73,317 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases for a total not-to-exceed amount of $439,901 from Velocity Truck Centers, of Whittier, California, consistent with the terms and conditions of the City of Glendale PO#62401374, Bid RFQ403819; and F. Authorized the cooperative purchase and delivery of the following vehicles consistent with the terms and conditions of the Sourcewell Cooperative Contract No. 080521-PBL from PB Loader Corporation, of Fresno, California:
a. One (1) Ford F450 Stake Bed truck in the amount of $125,028 plus a 20% contingency of $25,006 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to- exceed amount of $150,034;
b. Three (3) Ford F350 Utility truck in the amount of $359,564 plus a 20% contingency of $71,913 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to- exceed amount of $431,477;
c. One (1) Ford F550 Aerial Truck in the amount of $239,329 plus a 20% contingency of $47,866 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to- exceed amount of $287,195;
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d. One (1) Ford F450 Dump Truck in the amount of $116,145 plus a 20% contingency of $23,229 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to- exceed amount of $139,374; and
e. One (1) Ford F350 Bin Truck in the amount of $111,906 plus a 20% contingency of $22,381 to mitigate any unforeseen issues with supply chain surcharges and manufacturers price increases, for a total not-to- exceed amount of $134,287.

19. A LOAN AGREEMENT BETWEEN THE CITY OF ONTARIO AND CONFIRE

JOINT POWERS AUTHORITY FOR INITIAL CAPITAL FUNDING TO ESTABLISH

AMBULANCE SERVICING
The City Council authorized the City Manager or his designee to execute all documents related to the Loan Agreement between the City of Ontario and CONFIRE Joint Powers Authority in the amount of $20,000,000.

20. AUTHORIZE THE PURCHASE OF THREE TYPE 1 AMBULANCES
The City Council took the following actions:

A. Authorized the City Manager to execute the sole source purchase of up to three Medix Metro Express 153 Type 1 Ambulance from Republic EVS of Santa Fe Springs, California, in an amount not to exceed $1,033,252; and B. Appropriated $450,000 to purchase equipment to outfit three ambulances.

PUBLIC HEARINGS

21. A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE PARKSIDE SPECIFIC PLAN (FILE NO. PSPA21-006) SUBMITTED BY SC ONTARIO

DEVELOPMENT COMPANY, LLC
The City Council considered and adopted:

A. A Resolution approving an Addendum to the Parkside Specific Plan Environmental Impact Report (Certified EIR) (State Clearinghouse No. 2004011008) that was certified on September 5, 2006; and B. A Resolution approving File No. PSAP21-006, an Amendment to the Parkside Specific Plan to; [1] increase the residential unit capacity from 1,947 to 2,851 dwelling units by modifying density ranges in residential planning areas and adjusting certain planning area boundaries; [2] decrease commercial land use from 11.15 acres of land to 2.77 acres of land within Planning Area 19; [3] decrease Great Park land use from 58.86 acres of land to 37.38 acres within Planning Area 21; [4] increase residential land use from 9.58 acres of land to

27.81 acres within Planning Areas 17 and 18; [5] update certain development standards and building categories; and [6] eliminate the private open space land use in Planning Areas 23, 24, and 25.
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RESOLUTION NO. 2023-168 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, APPROVING AN ADDENDUM TO THE

PARKSIDE SPECIFIC PLAN ENVIRONMENTAL IMPACT REPORT, PURSUANT

TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, AS AMENDED, FOR FILE NO. PSPA21-006 AND MAKING FINDINGS IN SUPPORT THEREOF — APNS: 0218-221-10, 0218-221-11, 0218-231-45, 0218- 231-04, 0218-231-08, 0218-231-10, 0218-231-11, 0218-231-13, 0218-231-15, 0218-231-16, 0218-231-23, 0218-231-24, 0218-231-31, 0218-231-32, 0218-231-34, 0218-231-36, 0218-231-39, 0218-063-06, 0218-063-07, 0218-073-04, 0218-073-06, 0218-073-07, 0218-063-04, 0218-231-47 AND 0218-231-48.

RESOLUTION NO. 2023-169 A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE FILE NO. PSPA21-006, AN AMENDMENT TO THE PARKSIDE SPECIFIC PLAN (FILE NO. PSPA21-006) TO; A) INCREASE THE RESIDENTIAL UNIT CAPACITY FROM 1,947 TO 2,851 DWELLING UNITS BY MODIFYING DENSITY RANGES IN

RESIDENTIAL PLANNING AREAS AND ADJUSTING CERTAIN PLANNING AREA BOUNDARIES; B) DECREASE COMMERCIAL LAND USE FROM 11.15 ACRES OF LAND TO 2.77 ACRES OF LAND WITHIN PLANNING AREA 19; C) DECREASE GREAT PARK LAND USE FROM 58.86 ACRES OF LAND TO 37.38 ACRES WITHIN PLANNING AREA 21; D) INCREASE RESIDENTIAL LAND USE FROM

9.58 ACRES OF LAND TO 27.81 ACRES WITHIN PLANNING AREAS 17 AND 18;

E) UPDATE CERTAIN DEVELOPMENT STANDARDS AND BUILDING
CATEGORIES; AND F) ELIMINATE THE PRIVATE OPEN SPACE LAND USE IN PLANNING AREAS 23, 24, AND 25, WHICH IS COMPRISED OF
APPROXIMATELY 250-ACRES OF LAND BORDERED BY CARPENTER AVENUE

ON THE WEST, ARCHIBALD AVENUE ON THE EAST, EUCALYPTUS AVENUE

ON THE SOUTH, AND ONTARIO RANCH ROAD ON THE NORTH AND MAKING FINDINGS IN SUPPORT THEREOF—APNS: 0218-221-10, 0218-221-11, 0218- 231-45, 0218-231-04, 0218-231-08, 0218-231-10, 0218-231-11, 0218-231-13, 0218-231-15, 0218-231-16, 0218-231-23, 0218-231-24, 0218-231-31, 0218-231-32, 0218-231-34, 0218-231-36, 0218-231-39, 0218-063-06, 0218-063-07, 0218-073-04, 0218-073-06, 0218-073-07, 0218-063-04, 0218-231-47 AND 0218-231-48.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication from Adan Trujillo in opposition.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

Sage McCleve, spoke in support.

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 3-0, with Council Member Wapner and Valencia, to adopt Resolution Nos. 2023-168 and 2023-169. 32 Ontario City Council/Ontario Housing
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22. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE

APPROVING A FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO. PDA05-002) BETWEEN THE CITY OF ONTARIO AND SC ONTARIO DEVELOPMENT COMPANY, LLC.

The City Council introduced and waived further reading of an Ordinance approving a Fifth Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC.

ORDINANCE NO. 3265 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDA05-002, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO

AND SC ONTARIO DEVELOPMENT COMPANY, LLC TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP NO. 20487 (FILE NO. PMTT22-024) TO SUBDIVIDE 31.70 ACRES OF LAND INTO 5

NUMBERED LOTS FOR CONDOMINIUM PURPOSES, LOCATED EAST OF THE

CUCAMONGA CREEK CHANNEL, WEST OF ARCHIBALD AVENUE, SOUTH OF ONTARIO RANCH ROAD AND APPROXIMATELY 1,104 FEET NORTH OF EUCALYPTUS AVENUE WITHIN PLANNING AREAS 17, 18, AND 19 OF THE PARKSIDE SPECIFIC PLAN (FILE NO. PSP03-002), AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 0218-221-10, 0218-221-11, 0218-231-45, 0218-231- 04, 0218-231-08, 0218-231-10, 0218-231-11, 0218-231-13, 0218-231-15, 0218- 231-16, 0218-231-23, 0218-231-24, 0218-231-31, 0218-231-32, 0218-231-34, 0218-231-36, 0218-231-39, 0218-063-06, 0218-063-07, 0218-073-04, 0218-073-06, 0218-073-07, 0218-063-04 AND 0218-231-47, AND 0218-231-48.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There was one written communication Adan Trujillo in opposition.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

Sage McCleve, spoke in support.

Hearing no one else, Mayor Leon closed the public hearing, and the item was opened for Council discussion.

MOTION: Moved by Mayor pro Tem Dorst-Porada seconded by Council Member Bowman and carried by a unanimous vote 3-0, with Council Members Wapner and Valencia absent, to introduce Ordinance No. 3265.

23. A PUBLIC HEARING TO CONSIDER THE ADOPTION OF AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23-002)
BETWEEN THE CITY OF ONTARIO AND IV3 LOMA CREEK LOGISTICS

CENTER, LLC
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The City Council introduced and waived further reading of an Ordinance approving a Development Agreement (File No. PDA23-002) between the City of Ontario and IV3 Loma Creek Logistics Center LLC, to establish the terms and conditions associated with a Development Plan (File No. PDEV23-013), to construct one (1) industrial building totaling 534,373 square feet on 23.88 acres of land, located on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan.

ORDINANCE NO. 3266 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDA23-002, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND IV3 LOMA CREEK LOGISTICS CENTER, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO.

PDEV23-013) TO CONSTRUCT ONE (1) INDUSTRIAL BUILDING TOTALING 534,373 SQUARE FEET ON 23.88 ACRES OF LAND, LOCATED ON THE WEST SIDE OF MILL CREEK AVENUE, APPROXIMATELY 300 FEET SOUTH OF CHINO AVENUE WITHIN PLANNING AREA 2C (LIGHT INDUSTRIAL DISTRICT) OF THE

RICH HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF - APN: 0218-161-18.

Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item.

David Hanson, spoke in support.

Marco Ortega, spoke in support.

Zach Strasters, spoke in support.

Chase Garner, spoke in support.

Geo Van Artsdaen, spoke in support.

Robert Ramos, spoke in support.

Hearing no one else, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem Dorst- Porada and carried by a unanimous vote 3-0, to introduce Ordinance No. 3266.

24. A PUBLIC HEARING TO CONSIDER A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA23-003 REVISING AND CLARIFYING CERTAIN PROVISIONS

OF THE CITY OF ONTARIO DEVELOPMENT CODE AND A ZONE CHANGE (FILE NO. PZC23-002) TO MODIFY THE ZONING MAP
The City Council introduced and waived further reading of:

A. An Ordinance approving File No. PDCA23-003, a Development Code Amendment revising and clarifying certain provisions of Chapters 2.0 (Administration and Procedures), 3.0 (Nonconforming Lots, Land Uses, 34 Ontario City Council/Ontario Housing
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Structures, and Signs), 4.0 (Permits, Actions, and Decisions), 5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code; and B. An Ordinance approving File No. PZC23-002, a Zone Change to modify the Zoning Map to remove the EA (Euclid Avenue) Overlay south of Philadelphia Avenue.

ORDINANCE NO. 3267 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PDCA23-003, A DEVELOPMENT CODE AMENDMENT REVISING AND
CLARIFYING CERTAIN PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND PROCEDURES), 3.0 (NONCONFORMING LOTS, LAND USES,
STRUCTURES, AND SIGNS), 4.0 (PERMITS, ACTIONS, AND DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND 8.0 (SIGN REGULATIONS) OF THE CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

ORDINANCE NO. 3268 (FIRST READING) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO.

PZC23-002, A ZONE CHANGE TO MODIFY THE ZONING MAP TO REMOVE THE

EA (EUCLID AVENUE) OVERLAY DISTRICT SOUTH OF PHILADELPHIA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF - APNS: 1051-051- 11, 1051-051-12, 1051-051-17, 1051-051-71, 1051-051-72, 1051-051-22, 1051- 051-23, 1051-051-24, 1051-051-25, 1051-051-26, 1051-051-27, 1051-051-28, 1051-051-29, 1051-051-30, 1051-051-31, 1051-051-32, 1051-051-33, 1051-051-34, 1051-051-35, 1051-051-36, 1051-051-37, 1051-051-38, 1051-051-39, 1051-051-40, 1051-051-41, 1051-051-42, 1051-051-43, 1051-051-44, 1051-051-45, 1051-051-46, 1051-051-47, 1051-051-48, 1051-051-49, 1051-051-50, 1051-051-51, 1051-051-52, 1051-051-53, 1051-051-54, 1051-051-55, 1051-051-56, 1051-051-57, 1051-051-58, 1051-051-59, 1051-051-60, 1051-051-61, 1051-051-62, 1051-051-63, 1051-051-64, 1051-051-65, 1051-051-66, 1051-051-67, 1051-051-68, 1051-051-73, 1051-062-25, 1051-062-26, 1051-062-27, 1051-062-28, 1051-062-29, 1051-062-30, 1051-062-31, 1051-062-32, 1051-062-33, 1051-062-34, 1051-062-35, 1051-062-36, 1051-062-37, 1051-062-38, 1051-062-39, 1051-081-01, 1051-062-40, 1051-062-41, 1051-062-42, 1051-062-48, 1051-062-49, 1051-071-02, 1051-071-04, 1051-081-01, 1051-081-02, 1051-211-02, 1051-211-03, 1051-211-10, 1051-222-01, 1051-222-13, 1051-222-20, 1051-271-06, 1051-271-66, 1051-271-67, 1051-281-04, 1051-281-09, 1051-281-77, 1051-281-79, 1051-281-80, 1051-411-12, 1051-411-13, 1051-411-14, 1051-411-15, 1051-411-16, 1051-411-17, 1051-411-18, 1051-411-35, 1051-411-36, 1051-411- 37,1051-411-38, 1051-412-21, 1051-412-22, 1051-412-23, 1051-412-24, 1051-412- 25, 1051-412-26, 1051-412-27, 1051-412-28, 1051-421-08, 1051-421-09, 1051- 421-10, 1051-421-11, 1051-421-12, 1051-421-13, 1051-421-14, 1051-421-15, 1051-431-55, 1051-431-56, 1051-431-57, 1051-431-58, 1051-431-59, 1051-431-60, 1051-431-61, 1051-441-08, 1051-441-51, 1051-522-10, 1051-522-02, 1051-522-03, 1051-522-04, 1051-522-05, 1051-522-61, 1051-522-62, 1051-522-63, 1051-522-64, 1051-522-65, 1051-522-66, 1051-522-67, 1051-522-68, 1051-522-69, 1051-522-74, 1051-522-75, 051-522-76, 1051-522-77, 1051-522-78, 1051-614-01, 1051-614-02, 1051-614-03, 1051-614-07, 1051-614-08, AND 1051-614-09. 35 Ontario City Council/Ontario Housing
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Notice of public hearing was duly given and affidavits of compliance are on file in the Records Management Department. There were no written communications.

Mayor Leon opened the public hearing and inquired if anyone was interested in speaking to the item. Hearing no one, Mayor Leon closed the public hearing and opened the item for Council discussion.

MOTION: Moved by Council Member Bowman seconded by Mayor pro Tem Dorst-Porada and carried by a unanimous vote 3-0, with Council Members Wapner and Valencia absent, to introduce Ordinance Nos. 3267 and 3268.

STAFF MATTERS
City Manager Ochoa made no announcements.

COUNCIL MATTERS
Mayor pro Tem Dorst-Porada thanked Staff.

Council Member Bowman wished everyone a Merry Christmas.

ADJOURNMENT
Mayor Leon adjourned the meetings of the Joint Agencies at 8:15 p.m. and announced the next regular meeting on January 2 nd was cancelled and the next scheduled meeting was January 16, 2024.

Respectfully submitted,
___________________________________

SHEILA MAUTZ, CITY CLERK/SECRETARY
APPROVED:
_____________________________________
PAUL S. LEON, MAYOR/CHAIRMAN
36 Department: Police Department
Prepared By: Lizceth Zazueta
Department: Police Department
Prepared By: Celeste Owens
Staff Member Presenting:

Mike Lorenz, Chief of Police
Approved By:

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

AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH LAW ENFORCEMENT MEDICAL SERVICES, INC.

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Maintain the Current High Level of Public Safety
Operate in a Businesslike Manner
Invest in the Growth and Evolution of the City's Economy FISCAL IMPACT:

The Fiscal Year 2023-24 Adopted Budget includes appropriations from the General Fund for Law Enforcement Medical Services, Inc. The recommended Amendment increases the authorized contract of $207,000 by $150,000 over the remaining optional two-year extension, which includes $75,000 for year one and $75,000 for year two; for a total-not-exceed amount of $357,000. If approved, appropriations will be added to the future year's budget consistent with the annual budget adoption process.

BACKGROUND & ANALYSIS:

The City of Ontario currently contracts with a third-party company for blood withdrawal testing services to screen for alcohol, drug content, and genetic markers and provides forensic examinations and follow-up services for sexual assault victims. In July 2020, the City of Ontario and Law Enforcement Medical Services, Inc. entered into a Professional Services Agreement after soliciting proposals through the City's RFP management system, RFP #1310, for Phlebotomy Services and RFP #1345, Assault Victim Examination Services. Amendment No. 1 will merge the two scopes of service into one agreement, extend an additional two successive one-year terms, increase the current funding threshold for a total not-to-exceed contract amount of $357,000 and update the fee schedule. Based on Law Enforcement Medical Services, Inc. satisfactory performance, compliance with direction and procedures prescribed by the San 37 Bernardino County Sheriﬀ's Forensic Lab and providing the best value to the City in price and expertise, City Staff recommends executing Amendment No. 1. 38 46700.00820\41844897.1 1

CITY OF ONTARIO

AMENDED AND RESTATED PROFESSIONAL SERVICES AGREEMENT
This Amended and Restated Professional Services Agreement (“Agreement”) is made and entered into as of December ___, 2023 by and between the City of Ontario, a municipal corporation organized and operating under the laws of the State of California , with its principal place of business at 303 East “B” Street, Ontario, California 91764 (“City”), and Law Enforcement Medical Services, Inc., a Delaware stock c orporation with its principal place of business at 8285 Sierra Ave #107, Fontana, CA 92335(hereinafter referred to as “Consultant”).City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City is a public agency of the State of California and is in need of professional services for both assault victim examination and phlebotomy services; B. Consultant is duly licensed and has the necessary qualifications to provide such services;
C. On August 4, 2020, City and Consultant entered into an Agreement for the provision of assault victim examination services (“Assault Victim Services Agreement”); D. On October 1, 2020, City and Consultant entered into an Agreement for the provision of phlebotomy services (“Phlebotomy Services Agreement”); E. Both of the above referenced agreements expired on June 30, 2023; F. The Parties desire by this Amended and Restated Agreement to extend the terms of the above referenced agreements and for Consultant to provide the services described herein.

SHEILA MAUTZ

CITY CLERK
JAMES R. MILHISER

TREASURER

SCOTT OCHOA

CITY MANAGER
PAUL S. LEON
MAYOR

DEBRA PORADA

MAYOR PRO TEM
ALAN D. WAPNER
JIM W. BOWMAN

RUBEN VALENCIA

COUNCIL MEMBERS
39 46700.00820\41844897.1 2

AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

1. Services.

Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”

2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “B.” b. Pursuant to the terms of the Assault Victim Services Agreement, City paid Consultant a sum not to exceed of Fifty Seven Thousand Dollars and Zero Cents ($57,000.00) for the provision of assault victim services for the initial agreement term. c. Pursuant to the terms of the Phlebotomy Services Agreement, City paid Consultant the sum not to exceed of One Hundred Fifty Thousand Dollars and Zero Cents ($150,000.00) for the provision of phlebotomy services for the initial agreement term. d. In no event shall the total amount paid for the services rendered by Consultant under this Agreement exceed the sum of Three Hundred Fifty-Seven Thousand Dollars and Zero Cents ($357,000.00). This amount is to cover all printing and related costs, and the City will not pay any additional fees for printing expenses. Periodic payments shall be made within thirty (30) days of receipt of an invoice which includes a detailed description of the work performed. Payments to Consultant for work performed will be made on a monthly billing basis.

3. Term
The term of this Agreement shall be from June 30, 2023 to June 30, 2025 unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. City alone (not the Consultant) shall have the option to extend the term of this Agreement for two (2) successive one (1) year periods (individually, “Subsequent Term” and collectively, “Subsequent Terms”) on the same terms and conditions as set forth in this Agreement (including, without limitation, the rates set forth in the Compensation Schedule attached hereto as Exhibit “B” and incorporated by reference herein); provided however, that the amount of the total compensation, including authorized reimbursements, for any Services rendered in any Subsequent term(s) (if such Subsequent Term(s) is desired by City), shall not exceed the amount required to be appropriated by City, in its sole and absolute discretion. Such extension(s) shall be made by City providing 40 46700.00820\41844897.1 3
written notice to Consultant. Consultant shall complete the Services within the applicable Term of the Agreement and shall meet any other established schedules and deadlines as may be set by City staff on an on-call and as-needed basis from time to time. The Notice to Proceed shall set forth the date of commencement of work.

4. Additional Work.

If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

5. Maintenance of Records.

Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

6. Time of Performance.

Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.

7. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.

8. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. 41 46700.00820\41844897.1 4
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

9. Standard of Care
Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions.

10. Assignment and Subconsultant
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates, and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

11. Independent Consultant
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.

12. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section, In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of Ontario, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
42 46700.00820\41844897.1 5
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and 43 46700.00820\41844897.1 6
property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of’ the insured and must include a provision establishing the insurer’s duty to defend.
44 46700.00820\41844897.1 7
f. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Coverage Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and
property damage
$1,000,000 per occurrence for bodily injury
and property damage
Automobile Liability
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any 45 46700.00820\41844897.1 8
insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.

Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
i. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
46 46700.00820\41844897.1 9
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. k. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

13. Indemnification.

To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorneys’ fees and other related costs and expenses. Consultant’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Consultant or the City, its officials, officers, employees, agents or volunteers.

If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
47 46700.00820\41844897.1 10

14. California Labor Code Requirements.

Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1 ,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1 the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

15. Verification of Employment Eligibility,
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub- subconsultants to comply with the same.

16. Laws and Venue.

This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
48 46700.00820\41844897.1 11

17. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.

18. Documents.

Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

19. Organization
Consultant shall assign Kris Rowney as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

20. Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described above.
49 46700.00820\41844897.1 12

21. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:

CITY: CONSULTANT:

City of Ontario Law Enforcement Medical Services, Inc.
303 East “B” Street 8285 Sierra Avenue #107
Ontario, CA 91764-4196 Fontana, CA 92335-3550
A? n: Records Management A? n: Kris Rowney, President
With Copy T o:

City of Ontario
303 East “B” Street Ontario, CA
91764-4196
A? n: Chief of Police
and shall be effective upon receipt thereof.

22. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

23. Equal Opportunity Employment.

Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

24. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
50 46700.00820\41844897.1 13

25. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the provisions unenforceable, invalid or illegal.

26. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each party to this Agreement.

However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

27. Non-Waiver
None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

28. Time of Essence
Time is of the essence for each and every provision of this Agreement.

29. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

30. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising the m.
[SIGNATURES ON FOLLOWING PAGE]
51 46700.00820\41844897.1 14

SIGNATURE PAGE FOR THE AMENDED AND RESTATED PROFESSIONAL

SERVICES AGREEMENT

BETWEEN THE CITY OF ONTARIO AND
LAW ENFORCEMENT MEDICAL SERVICE, INC.

IN WITNESS WHEREOF, the Parties have entered into this Agreement as of the day and year first above written.

CITY OF ONTARIO LAW ENFORCEMENT MEDICAL
SERVICE, INC.

By:

Its:

Printed Name:

By:

Its:

Printed Name:
*If Corporation, two signatures, President or Vice President and Secretary or Treasurer required.

Approved By:

Scott Ochoa
City Manager
Approved as to Form:
_____________________________________
Best Best & Krieger LLP
City Attorney
Attested By:

City Clerk
52 46700.00820\41844897.1 A-1

EXHIBIT A
Assault Victim Examination Scope of Services
Contractor shall provide forensic examinations and follow-up services, including contracting with a medical facility, for the Ontario Police Department. Utilizing a Sexual Assault Examination Team (SART), the facility collects data and evidence essential to capturing and prosecuting violent criminals.
 The Contractor(s) will conduct approved medical forensic examinations of alleged sexual assault and rape to collect evidence and assist in prosecution on an as-needed basis.  Examinations will be conducted utilizing methods meeting the minimum legal standards established by California Penal Code Section 13823.11 for performing such exams.  Examinations to include colposcopic exam (with video and photographs) conducted by medical personnel who are competent in the use of the appropriate equipment and the interpretation of findings.
 Evidence collected, including video and photographs from the colposcopic exam, shall be relinquished to Ontario Police Department personnel at the conclusion of the exam.  Results and evidence from examinations shall be available to Ontario Police Department personnel at any time following the examination.
 Contractor(s) and staff will provide competent courtroom testimony regarding the examinations as required.
 Service facilities shall be within 20 miles of the City of Ontario and available for examinations 24 hours per day, 365 days a year.
53 46700.00820\41844897.1 A-2
Phlebotomy Services Scope of Services
Law Enforcement Medical Services, Inc. (LEMS) will provide the following Phlebotomy services to Ontario Police Department:
 BLOOD WITHDRAWAL: LEMS response time is within 30 minutes of time of call. In compliance with VC23158, LEMS employs only licensed nurses and certified phlebotomy technicians to collect blood specimens from vehicle code or health and safety code violations. All employees of LEMS have been taught the importance of chain of custody, proper evidence collection, packaging and preservation prodedures to ensure evidentiary integrity. Blood withdrawal is done in the presence of the officer, in a medically approved manner, utilizing only sterile disposable equipment supplied by LEMS. Evidence is labeled with the subjects name, agency case number, date, time, officers name and technicians name. Prior to packaging in the BA kit (for alcohol) or Bio-Tox Laboratories (for drugs) envelope, officer reviews and initials the specimen ensuring all information is correct.

Blood withdrawal will be done at the police department, detention center, hospital or field location. All specimens will be prepared for storage in the evidence locker and given directly to the officer to be booked into evidence.
 FORCED BLOOD WITHDRAWAL: If the subject is under arrest, and a warrant has been signed by a judge, LEMS employee will draw blood from the restrained subject or an unconscious subject in a hospital. Adequate personnel must be on-hand to ensure the safety of the subject, technician and officer during this procedure. Blood collection is done in a medically approved manner, utilizing only sterile disposable equipment supplied by LEMS, Evidence is labeled with the subjects name, agency case number, date, time, officers name and technicians name. Prior to packaging in the BA kit (for alcohol) or Bio-Tox Laboratories (for drugs) envelope, officer reviews and initials the specimen ensuring all information is correct. Blood withdrawal will be done at the police department, detention center, hospital or field location. All specimens will be prepared for storage in the evidence locker and given directly to the officer to be booked into evidence.
 URINE COLLECTION: If the subject has compromised veins and the technician is unable to obtain a blood specimen, urine will be collected in a method to both maintain evidentiary integrity and the individual's dignity. Urine will only be collected for analysis for drugs. Specimens will be prepared for storage in the evidence locker and given directly to the officer for booking into evidence.  TASER DART REMOVALS: Documentation of the subjects level of consciousness and vital signs will be done prior to and after removal of the dart. Officer will be asked to 54 46700.00820\41844897.1 A-3
call EMS if the subjects LOC remains altered or if the dart is located in the eye, face, neck, breast or groin area, patient must be transported to hospital for dart removal.  SUSPECT RAPE EVIDENCE EXAMINATIONS: Suspect examinations are conducted at the station or detention center in the presence of a witnessing officer. Forensic evidence and reference samples will be collected in accordance with the Cal-OES guidelines and San Bernardino County crime laboratory recommendations utilizing sex kit proided by the Crime Lab. Documentation of the examination and specimens obtained will be done on the Cal-OES 2-950 form. Original form will be given to the investigating officer to be included with his/her report. Evidence will be identified with the subjects name, agency case number, date, time, officers name and technicians name.  DUI CHECKPOINTS: Certified phlebotomy technician will, at the agency request, stand by at the DUI checkpoint to collect blood specimens, These events are pre-arranged and scheduled in advance to ensure coverage for your agency.
 DRY RUNS: LEMS has a 2 stick limit. If the technician is unable to obtain a specimen after 2 sticks, a back-up technician will be called to respond to the location, If neither technician js able to obtain the specimen, due to vascular compromise (long history of drug use, chemotherapy, etc.), the agency will be billed a dry run fee.  If LEMS has been called for service and dispatch does not notify LEMS the call has been cancelled within 15 minutes, a dry run will be billed. This is to cover the mileage which LEMS is federally mandated to pay the employee.
 If a technician is called and the subject refuses the collection, a dry run will be billed.  If a technician is called and the officer needs to get a warrant, a dry run will be billed and the agency call call us back once the warrant has been signed.  If a technician is called and the subject is still being interviewed, and the officer is not ready for the technician to preform the evidence collection, a dry run will be billed.  LEMS employees are paid by the procedure, not by the hour. Employees have been instructed they are not to wait around the station for more than 15 minutes to conduct the blood draw, taser removal, or suspect examination.
55 46700.00820\41844897.1 B-1

EXHIBIT B
Fee Schedule
56 Department: Management Services
Prepared By: Jordan T Villwock
Staff Member Presenting:

Darlene M. Sanchez, Assistant City Manager
Approved By:

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

DESIGNATION OF VOTING DELEGATES FOR THE SOUTHERN CALIFORNIA

ASSOCIATION OF GOVERNMENTS (SCAG) ANNUAL GENERAL ASSEMBLY MEETING

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council appoint Mayor pro Tem Debra Dorst-Porada as the City Delegate Representative and
Mayor Paul Leon
as the alternate.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Pursue City's Goals and Objectives by Working with Other Governmental Agencies FISCAL IMPACT:

There is no direct ﬁscal impact by taking this action. However, representation and participation in SCAG's upcoming business meeting will help guide SCAG policy on matters which may have an impact on the City.

BACKGROUND & ANALYSIS:

Southern California Association of Governments has scheduled its Annual General Assembly Meeting for May 2, 2024 in Palm Desert, California. At the meeting, the SCAG representative will consider and take action on resolutions that establish SCAG policy.

Consistent with SCAG's bylaws, a city's voting delegate and alternate must be designated by City Council Action.
57 Department: Community Improvement
Prepared By: Douglas J Sorel
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

A RESOLUTION FOR PLACEMENT OF SPECIAL ASSESSMENTS ON THE SAN

BERNARDINO COUNTY TAX ROLLS

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

The levy of special assessments will result in the recovery of $78,644.40 in costs that the City has expended for inspection or abatement of property violations, as well as the collection of $30,960.00 associated with civil penalties and/or ﬁnes for continued violations, for a total of $109,604.40 related to 125 parcels. When received, these reimbursements will be deposited into the General Fund. The special assessment revenue is included in the Fiscal Year 2023-24 Adopted Budget.

BACKGROUND & ANALYSIS:

As a result of Community Improvement activities, the costs for abatement of property and dangerous building violations are included in the Fiscal Year 2023-24 Adopted Budget. Additionally, the City has established administrative citations and ﬁnes for property maintenance violations and fees and penalties associated with the Systematic Health and Safety Inspection Program, Abandoned and Distressed Property Program, and Weed and Refuse Abatement Program. These costs, ﬁnes, fees, and penalties are recovered through placement of special tax assessments upon the properties. The placement of special assessments and collection of revenue is done under Ordinance 3046, Property Appearance (Title 5, Chapter 22 of the Ontario Municipal Code); Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings; and Ordinance 2920 for civil penalties for continued violations of the Ontario Municipal Code and ﬁnes associated with administrative citations (Title 1, Chapters 2 and 5 of the Ontario Municipal Code).

The City and County currently have a contractual agreement regarding implementation of special assessments; however, a Resolution authorizing the placement of the speciﬁc assessments is 58 required. During this assessment cycle, the Community Improvement Department has billed property owners for: the abatement of violations; the issuance of ﬁnes associated with administrative citation; the issuance of fees and penalties associated with the Systematic Health and Safety Inspection Program; the issuance of registration fees and civil penalties associated with the Abandoned and Distressed Property Program; the issuance of notice and re-inspection fees; and, civil penalties for the Weed and Refuse Abatement Program on 256 parcels. Of these, there are remaining amounts due on 125 parcels. Attached are itemized accounts of: 1) costs associated with inspection or abatement as shown in Exhibit A of the Resolution; 2) civil penalties and/or ﬁnes for continued violations as shown in Exhibit B of the Resolution; and 3) total amounts per parcel as shown in Exhibit C of the Resolution. All aﬀected property owners were given notice of the imposition of special assessments via certiﬁed mail as provided in Ontario Municipal Code Section 1-4.05(a) and have either not requested an appeal or have exhausted the appellate procedure in Ontario Municipal Code Section 1-4.05(b).
59 RESOLUTION NO. ________

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

CALIFORNIA, ADOPTING A REPORT REQUESTING THE PLACEMENT

OF SPECIAL ASSESSMENTS ON PROPERTY TAX BILLS FOR CIVIL

PENALTIES OR RECOVERY OF COSTS INCURRED FOR ABATEMENT
OF VIOLATIONS OF CITY CODES AND ORDINANCES.

WHEREAS, Ordinance No. 3046, Property Appearance (Title 5, Chapter 22, of the Ontario Municipal Code) and Chapter 9 of the Uniform Code for the Abatement of Dangerous Buildings provide for the abatement of property nuisances by repair, rehabilitation, demolition or removal; and
WHEREAS, under Resolution 94-112, Resolution ORA-499, and the Cooperation and Reimbursement Agreement entered into on the 15 th day of November, 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or abate dangerous buildings and properties throughout the City; and
WHEREAS, under a first amendment to the Cooperation and Reimbursement Agreement entered into on the 16 th day of July 1996, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made an additional advance to the City of One Hundred Thousand Dollars ($100,000) to continue to repair or abate dangerous buildings and properties throughout the City; and WHEREAS, under Resolution 94-113, Resolution ORA-500, and the Cooperation and Reimbursement Agreement entered into on the 15 th day of November 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of Thirty Thousand Dollars ($30,000) to repair or abate dangerous buildings and properties in the 6th and Grove area; and WHEREAS, under Resolution 94-12, Resolution ORA-464, and the Cooperation and Reimbursement Agreement entered into on the 22 nd day of February 1994, by the City of Ontario and the Ontario Redevelopment Agency, the Ontario Redevelopment Agency made a one-time advance to the City of One Hundred Fifty Thousand Dollars ($150,000) to repair or demolish dangerous buildings throughout the City; and WHEREAS, Ordinance No. 2894, Systematic Health and Safety Inspection Program (Title 8, Chapter 17, of the Ontario Municipal Code), provides for the collection of unpaid service fees, plus any penalties and accrued interest by Special Assessment; and
WHEREAS, Ordinance No. 2920, provides for the assessment of civil penalties for continued violations of the Ontario Municipal Code (Title 1, Chapter 2 of the Ontario Municipal Code), and for fines associated with administrative citations to be collected by Special Assessment (Title 1, Chapter 5 of the Ontario Municipal Code), and establishes 60 a uniform procedure before imposing such Special Assessments (Title 1, Chapter 4 of the Ontario Municipal Code); and
WHEREAS, the above said ordinances, resolutions and agreements provide for recovery of costs incurred in the abatement of violations by means of a Special Assessment placed on the tax rolls; and
WHEREAS, the City has incurred costs involved in the abatement of violations under the Ontario Municipal Code and Uniform Code for the Abatement of Dangerous Buildings, issuing Notices of Violation, and administering the Systematic Health and Safety Program and wishes to recover said costs; and
WHEREAS, the owners of all parcels listed in Exhibit A, B, and C were given notice of imposition of such Special Assessment as provided in Ontario Municipal Code Section 1-4.05(a), and either have not requested an appeal, or have exhausted the appellate procedure provided in Ontario Municipal Code Section 1-4.05(b); and WHEREAS, the City has an executed contract with the San Bernardino County Board of Supervisors for collection of said assessments; NOW, THEREFORE, BE IT RESOLVED that the City Council:

1. Confirmed the costs associated with inspection or abatement on the properties as set forth in the report in Exhibit A; and

2. Confirmed the civil penalties and/or fines for continued violations on the properties as set forth in the report in Exhibit B; and

3. Confirmed that Exhibit C contains the total amount assessed for both confirmed costs and confirmed civil penalties and/or fines for each of the properties; and

4. Found and determined that the report, and Exhibits contained therein are true and accurate; and

5. Adopts the above said report and finds that the costs of inspection or abatement on the properties listed are the costs set forth in Exhibit A, the civil penalties and/or fines for continued violations are the penalties and/or fines as set forth in Exhibit B, and the same are hereby charged and placed as special assessments upon the respective properties; and

6. Directs Exhibit C shall be sent to the Auditor-Controller of San Bernardino County and shall be collected on the County tax roll.
61 The City Clerk of the City of Ontario shall certify as to the adoption of this Resolution.

PASSED, APPROVED, AND ADOPTED this 16th day of January 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
____________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
____________________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
62 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. 2024- was duly passed and adopted by the City Council of the City of Ontario at their regular meeting held January 16, 2024 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. 2024- duly passed and adopted by the Ontario City Council at their regular meeting held January 16, 2024. _____________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
63 City of Ontario
Community Improvement Department
2024/2025 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
0108-301-02 1357 N AMADOR AV, Ontario, CA 91764 91.00
0110-022-25 1822 E ELMA ST, Ontario, CA 91761 91.00
0110-061-01 1375 E HOLT BL, Ontario, CA 91761 8,057.50
0110-161-19 903 N CALAVERAS AV, Ontario, CA 91764 191.00 0110-241-57 1752 E G ST, Ontario, CA 91764 148.00
0110-301-21 1841 E FOURTH ST, Ontario, CA 91764 1,348.95 0110-321-29 2626 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-74 2350 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-75 0 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-76 0 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-77 2630 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-322-28 2503 E GUASTI RD, Ontario, CA 91761 140.00
0110-332-01 1802 E FOURTH ST, Unit:A, Ontario, CA 91764 542.10 0110-332-02 1808 E FOURTH ST, Unit:A, Ontario, CA 91764 417.49 0110-375-09 1828 E GRANADA CT, Ontario, CA 91764 2,776.56 0210-181-06 809 N TURNER AV, Ontario, CA 91764 148.00
0210-182-60 0 N HAVEN AV, Ontario, CA 91764 140.00
0210-192-21 2955 E GUASTI RD, Ontario, CA 91761 148.00
0210-192-22 2975 E GUASTI RD, Ontario, CA 91761 148.00
0210-204-04 3519 E CONCOURS ST, Ontario, CA 91764 2,176.00 0210-212-47 3949 E GUASTI RD, Unit:D, Ontario, CA 91761 91.00 0210-551-08 0 E CENTRELAKE DR, Ontario, CA 91761 5,703.50 0210-571-12 3155 E SEDONA CT, Building:B, Ontario, CA 91764 1,395.85 0211-232-38 0 S MILLIKEN AV, Ontario, CA 91761 148.00
0216-312-06 13948 S WALKER AV, Ontario, CA 91761 91.00
0216-401-63 2440 S VINEYARD AV, Building:4, Ontario, CA 91761 1,050.39 0218-035-01 0 S SCE EASEMENT, Ontario, CA 91761 91.00
0218-111-04 0 S ONTARIO AV, Ontario, CA 91761 747.00
0218-161-11 0 S MILL CK, Ontario, CA 91761 91.00
0218-202-03 3071 E SILVER SKY DR, Building:, Unit:, Ontario, CA 91762 1,628.00 0218-911-01 2943 E THOROUGHBRED ST, Ontario, CA 91761 294.00 0238-012-30 5060 E FOURTH ST, Ontario, CA 91764 148.00
0238-012-31 5056 E FOURTH ST, Ontario, CA 91764 140.00
0238-152-02 0 E SCE EASEMENT, Ontario, CA 91761 5,667.00 1008-482-17 839 W LA DENEY DR, Ontario, CA 91762 91.00
1008-571-34 1550 W HARVARD PL, Ontario, CA 91762 902.02 1010-141-09 920 N MOUNTAIN AV, Building:1, Ontario, CA 91762 2,577.79 1010-151-14 914 W ROSEWOOD CT, Ontario, CA 91762 820.38 1010-462-02 430 N MOUNTAIN AV, Ontario, CA 91762 360.80 1010-521-30 151 N MOUNTAIN AV, Ontario, CA 91762 1,031.54 1010-522-07 1131 W STONERIDGE CT, Unit:1, Ontario, CA 91762 1,184.00 1010-522-15 115 N MOUNTAIN AV, Ontario, CA 91762 91.00
1011-122-22 1203 W BROOKS ST, Ontario, CA 91762 307.00
1011-141-31 905 W BROOKS ST, Ontario, CA 91762 2,122.00

Page 1 ends

City of Ontario
Community Improvement Department
2024/2025 Tax Roll Year Special Assessments
Exhibit A - Costs Associated with Inspection or Abatement Parcel Number Address Amount Due
1011-141-32 863 W HOLT BL, Building:2, Ontario, CA 91762 20.00 1011-221-03 630 S OAKS AV, Ontario, CA 91762 234.00
1011-361-23 0 W MISSION BL, Ontario, CA 91762 379.00
1011-371-08 0 W MISSION BL, Ontario, CA 91762 140.00
1011-381-03 842 S MOUNTAIN AV, Ontario, CA 91762 2,120.37 1011-382-09 803 S MOUNTAIN AV, Ontario, CA 91762 47.00
1014-181-13 1710 S BRIAR AV, Ontario, CA 91762 1,294.00 1014-532-04 2004 S PALMETTO AV, Ontario, CA 91762 3,339.00 1047-143-01 1235 E EIGHTH ST, Ontario, CA 91764 140.00
1047-251-02 1521 N EUCLID AV, Ontario, CA 91762 148.00
1047-294-08 706 W SIXTH ST, Ontario, CA 91762 91.00
1047-473-15 1054 E PRINCETON ST, Ontario, CA 91764 861.00 1048-091-01 1050 N SULTANA AV, Ontario, CA 91764 127.00 1048-131-28 1023 N CUCAMONGA AV, Ontario, CA 91764 3,381.00 1048-172-22 801 N CUCAMONGA AV, Ontario, CA 91764 46.00 1048-211-31 807 E GRANADA CT, Ontario, CA 91764 547.00
1048-213-18 739 E H ST, Ontario, CA 91764 20.00
1048-343-07 421 N FERN AV, Ontario, CA 91762 91.00
1048-354-11 401 N EUCLID AV, Ontario, CA 91762 47.00
1048-355-16 507 N EUCLID AV, Building:, Unit:, Ontario, CA 91762 733.40 1048-394-33 666 E E ST, Ontario, CA 91764 307.83
1048-414-07 832 E G ST, Ontario, CA 91764 874.00
1048-471-14 1117 E HOLT BL, Ontario, CA 91761 140.00
1048-481-27 907 E HOLT BL, Ontario, CA 91761 91.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 147.00 1048-581-28 301 N VINE AV, Ontario, CA 91762 140.00
1048-592-26 504 W HOLT BL, Ontario, CA 91762 91.00
1049-021-26 559 W HOLT BL, Ontario, CA 91762 140.00
1049-091-01 500 E HOLT BL, Building:1, Ontario, CA 91761 2,753.96 1049-093-01 618 E HOLT BL, Ontario, CA 91761 2,437.90
1049-131-02 902 E HOLT BL, Ontario, CA 91761 148.00
1049-131-03 914 E HOLT BL, Ontario, CA 91761 148.00
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 148.00
1049-232-20 560 E PARK ST, Ontario, CA 91761 2,741.00
1049-245-01 302 E STATE ST, Ontario, CA 91761 140.00
1049-246-08 514 S CHERRY AV, Ontario, CA 91761 413.01
1049-303-29 601 S CYPRESS AV, Ontario, CA 91762 215.68
1049-312-05 745 W MISSION BL, Ontario, CA 91762 4,357.00 1049-312-16 754 W CARLTON ST, Ontario, CA 91762 515.00
1049-451-20 1009 S CAMPUS AV, Ontario, CA 91761 288.00
1049-503-12 648 E RALSTON ST, Ontario, CA 91761 91.00
1049-522-02 310 E BELMONT ST, Ontario, CA 91761 1,018.00 1050-021-05 740 W VALENTINE CT, Ontario, CA 91762 91.00 1051-171-42 2410 S GROVE AV, Building:1, Ontario, CA 91761 2,125.82

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City of Ontario
Community Improvement Department
2024/2025 Tax Roll Year Special Assessments
Exhibit B - Civil Penalties and/or Fines for Continued Violations Parcel Number Address Amount Due
0108-301-02 1357 N AMADOR AV, Ontario, CA 91764 120.00
0108-534-10 1679 E BONNIE BRAE CT, Ontario, CA 91764 120.00 0108-573-04 1735 N CORONA AV, Ontario, CA 91764 420.00
0110-022-22 1816 E ELMA ST, Ontario, CA 91761 220.00
0110-241-57 1752 E G ST, Ontario, CA 91764 500.00
0110-375-09 1828 E GRANADA CT, Ontario, CA 91764 120.00 0210-181-06 809 N TURNER AV, Ontario, CA 91764 500.00
0210-192-21 2955 E GUASTI RD, Ontario, CA 91761 500.00
0210-192-22 2975 E GUASTI RD, Ontario, CA 91761 500.00
0210-204-04 3519 E CONCOURS ST, Ontario, CA 91764 500.00 0210-321-60 1302 N BALBOA AV, Ontario, CA 91764 1,010.00 0211-232-38 0 S MILLIKEN AV, Ontario, CA 91761 500.00
0216-391-27 2638 S WALKER AV, Ontario, CA 91761 120.00
0216-411-33 2458 S VINEYARD AV, Ontario, CA 91761 100.00 0218-035-01 0 S SCE EASEMENT, Ontario, CA 91761 340.00
0218-043-39 2937 E GRAFTON ST, Building:, Unit:, Ontario, CA 91761 120.00 0218-111-06 13115 S ONTARIO AV, Ontario, CA 91761 120.00 0218-111-45 13213 S ONTARIO AV, Ontario, CA 91761 11,250.00 0218-211-37 4222 E ONTARIO RANCH RD, Building:, Unit:, Ontario, CA 91762 120.00 0238-012-30 5060 E FOURTH ST, Ontario, CA 91764 500.00
0238-152-02 0 E SCE EASEMENT, Ontario, CA 91761 500.00
1008-271-08 1515 N MOUNTAIN AV, Unit:C, Ontario, CA 91762 120.00 1008-431-24 1131 W SIXTH ST, Unit:245, Ontario, CA 91762 100.00 1008-482-17 839 W LA DENEY DR, Ontario, CA 91762 120.00 1010-121-33 1112 W I ST, Ontario, CA 91762 340.00
1010-173-22 864 W EL MORADO CT, Ontario, CA 91762 760.00 1010-445-22 455 N CAMELLIA AV, Ontario, CA 91762 120.00 1010-494-18 833 W D ST, Ontario, CA 91762 120.00
1011-361-23 0 W MISSION BL, Ontario, CA 91762 500.00
1014-173-17 1646 S CYPRESS AV, Ontario, CA 91762 170.00 1014-532-04 2004 S PALMETTO AV, Ontario, CA 91762 500.00 1047-241-09 1524 N EUCLID AV, Ontario, CA 91764 170.00
1047-251-02 1521 N EUCLID AV, Ontario, CA 91762 500.00
1047-541-13 228 E PRINCETON ST, Ontario, CA 91764 760.00 1048-132-08 952 E ROSEWOOD CT, Ontario, CA 91764 520.00 1048-161-36 737 N ALAMEDA AV, Ontario, CA 91764 170.00
1048-343-07 421 N FERN AV, Ontario, CA 91762 640.00
1048-356-02 635 N EUCLID AV, Ontario, CA 91762 120.00
1048-522-11 503 E HOLT BL, Ontario, CA 91764 120.00
1048-523-17 541 E HOLT BL, Ontario, CA 91761 420.00
1048-592-26 504 W HOLT BL, Ontario, CA 91762 340.00
1049-094-02 654 E HOLT BL, Ontario, CA 91761 640.00
1049-131-02 902 E HOLT BL, Ontario, CA 91761 500.00
1049-131-03 914 E HOLT BL, Ontario, CA 91761 500.00

Page 1 ends

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City of Ontario
Community Improvement Department
2024/2025 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
0108-301-02 1357 N AMADOR AV, Ontario, CA 91764 211.00
0108-534-10 1679 E BONNIE BRAE CT, Ontario, CA 91764 120.00 0108-573-04 1735 N CORONA AV, Ontario, CA 91764 420.00
0110-022-22 1816 E ELMA ST, Ontario, CA 91761 220.00
0110-022-25 1822 E ELMA ST, Ontario, CA 91761 91.00
0110-061-01 1375 E HOLT BL, Ontario, CA 91761 8,057.50
0110-161-19 903 N CALAVERAS AV, Ontario, CA 91764 191.00 0110-241-57 1752 E G ST, Ontario, CA 91764 648.00
0110-301-21 1841 E FOURTH ST, Ontario, CA 91764 1,348.95 0110-321-29 2626 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-74 2350 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-75 0 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-76 0 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-321-77 2630 E INLAND EMPIRE BL, Ontario, CA 91764 140.00 0110-322-28 2503 E GUASTI RD, Ontario, CA 91761 140.00
0110-332-01 1802 E FOURTH ST, Unit:A, Ontario, CA 91764 542.10 0110-332-02 1808 E FOURTH ST, Unit:A, Ontario, CA 91764 417.49 0110-375-09 1828 E GRANADA CT, Ontario, CA 91764 2,896.56 0210-181-06 809 N TURNER AV, Ontario, CA 91764 648.00
0210-182-60 0 N HAVEN AV, Ontario, CA 91764 140.00
0210-192-21 2955 E GUASTI RD, Ontario, CA 91761 648.00
0210-192-22 2975 E GUASTI RD, Ontario, CA 91761 648.00
0210-204-04 3519 E CONCOURS ST, Ontario, CA 91764 2,676.00 0210-212-47 3949 E GUASTI RD, Unit:D, Ontario, CA 91761 91.00 0210-321-60 1302 N BALBOA AV, Ontario, CA 91764 1,010.00 0210-551-08 0 E CENTRELAKE DR, Ontario, CA 91761 5,703.50 0210-571-12 3155 E SEDONA CT, Building:B, Ontario, CA 91764 1,395.85 0211-232-38 0 S MILLIKEN AV, Ontario, CA 91761 648.00
0216-312-06 13948 S WALKER AV, Ontario, CA 91761 91.00
0216-391-27 2638 S WALKER AV, Ontario, CA 91761 120.00
0216-401-63 2440 S VINEYARD AV, Building:4, Ontario, CA 91761 1,050.39 0216-411-33 2458 S VINEYARD AV, Ontario, CA 91761 100.00 0218-035-01 0 S SCE EASEMENT, Ontario, CA 91761 431.00
0218-043-39 2937 E GRAFTON ST, Building:, Unit:, Ontario, CA 91761 120.00 0218-111-04 0 S ONTARIO AV, Ontario, CA 91761 747.00
0218-111-06 13115 S ONTARIO AV, Ontario, CA 91761 120.00 0218-111-45 13213 S ONTARIO AV, Ontario, CA 91761 11,250.00 0218-161-11 0 S MILL CK, Ontario, CA 91761 91.00
0218-202-03 3071 E SILVER SKY DR, Building:, Unit:, Ontario, CA 91762 1,628.00 0218-211-37 4222 E ONTARIO RANCH RD, Building:, Unit:, Ontario, CA 91762 120.00 0218-911-01 2943 E THOROUGHBRED ST, Ontario, CA 91761 294.00 0238-012-30 5060 E FOURTH ST, Ontario, CA 91764 648.00
0238-012-31 5056 E FOURTH ST, Ontario, CA 91764 140.00
0238-152-02 0 E SCE EASEMENT, Ontario, CA 91761 6,167.00

Page 1 ends

City of Ontario
Community Improvement Department
2024/2025 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1008-271-08 1515 N MOUNTAIN AV, Unit:C, Ontario, CA 91762 120.00 1008-431-24 1131 W SIXTH ST, Unit:245, Ontario, CA 91762 100.00 1008-482-17 839 W LA DENEY DR, Ontario, CA 91762 211.00 1008-571-34 1550 W HARVARD PL, Ontario, CA 91762 902.02 1010-121-33 1112 W I ST, Ontario, CA 91762 340.00
1010-141-09 920 N MOUNTAIN AV, Building:1, Ontario, CA 91762 2,577.79 1010-151-14 914 W ROSEWOOD CT, Ontario, CA 91762 820.38 1010-173-22 864 W EL MORADO CT, Ontario, CA 91762 760.00 1010-445-22 455 N CAMELLIA AV, Ontario, CA 91762 120.00 1010-462-02 430 N MOUNTAIN AV, Ontario, CA 91762 360.80 1010-494-18 833 W D ST, Ontario, CA 91762 120.00
1010-521-30 151 N MOUNTAIN AV, Ontario, CA 91762 1,031.54 1010-522-07 1131 W STONERIDGE CT, Unit:1, Ontario, CA 91762 1,184.00 1010-522-15 115 N MOUNTAIN AV, Ontario, CA 91762 91.00
1011-122-22 1203 W BROOKS ST, Ontario, CA 91762 307.00
1011-141-31 905 W BROOKS ST, Ontario, CA 91762 2,122.00 1011-141-32 863 W HOLT BL, Building:2, Ontario, CA 91762 20.00 1011-221-03 630 S OAKS AV, Ontario, CA 91762 234.00
1011-361-23 0 W MISSION BL, Ontario, CA 91762 879.00
1011-371-08 0 W MISSION BL, Ontario, CA 91762 140.00
1011-381-03 842 S MOUNTAIN AV, Ontario, CA 91762 2,120.37 1011-382-09 803 S MOUNTAIN AV, Ontario, CA 91762 47.00
1014-173-17 1646 S CYPRESS AV, Ontario, CA 91762 170.00 1014-181-13 1710 S BRIAR AV, Ontario, CA 91762 1,294.00 1014-532-04 2004 S PALMETTO AV, Ontario, CA 91762 3,839.00 1047-143-01 1235 E EIGHTH ST, Ontario, CA 91764 140.00
1047-241-09 1524 N EUCLID AV, Ontario, CA 91764 170.00
1047-251-02 1521 N EUCLID AV, Ontario, CA 91762 648.00
1047-294-08 706 W SIXTH ST, Ontario, CA 91762 91.00
1047-473-15 1054 E PRINCETON ST, Ontario, CA 91764 861.00 1047-541-13 228 E PRINCETON ST, Ontario, CA 91764 760.00 1048-091-01 1050 N SULTANA AV, Ontario, CA 91764 127.00 1048-131-28 1023 N CUCAMONGA AV, Ontario, CA 91764 3,381.00 1048-132-08 952 E ROSEWOOD CT, Ontario, CA 91764 520.00 1048-161-36 737 N ALAMEDA AV, Ontario, CA 91764 170.00
1048-172-22 801 N CUCAMONGA AV, Ontario, CA 91764 46.00 1048-211-31 807 E GRANADA CT, Ontario, CA 91764 547.00
1048-213-18 739 E H ST, Ontario, CA 91764 20.00
1048-343-07 421 N FERN AV, Ontario, CA 91762 731.00
1048-354-11 401 N EUCLID AV, Ontario, CA 91762 47.00
1048-355-16 507 N EUCLID AV, Building:, Unit:, Ontario, CA 91762 733.40 1048-356-02 635 N EUCLID AV, Ontario, CA 91762 120.00
1048-394-33 666 E E ST, Ontario, CA 91764 307.83
1048-414-07 832 E G ST, Ontario, CA 91764 874.00

Page 2 ends

City of Ontario
Community Improvement Department
2024/2025 Tax Roll Year Special Assessments
Exhibit C - Total Amounts per Parcel
Parcel Number Address Amount Due
1048-471-14 1117 E HOLT BL, Ontario, CA 91761 140.00
1048-481-27 907 E HOLT BL, Ontario, CA 91761 91.00
1048-522-11 503 E HOLT BL, Ontario, CA 91764 120.00
1048-523-17 541 E HOLT BL, Ontario, CA 91761 420.00
1048-566-07 303 N EUCLID AV, Building:1, Ontario, CA 91762 147.00 1048-581-28 301 N VINE AV, Ontario, CA 91762 140.00
1048-592-26 504 W HOLT BL, Ontario, CA 91762 431.00
1049-021-26 559 W HOLT BL, Ontario, CA 91762 140.00
1049-091-01 500 E HOLT BL, Building:1, Ontario, CA 91761 2,753.96 1049-093-01 618 E HOLT BL, Ontario, CA 91761 2,437.90
1049-094-02 654 E HOLT BL, Ontario, CA 91761 640.00
1049-131-02 902 E HOLT BL, Ontario, CA 91761 648.00
1049-131-03 914 E HOLT BL, Ontario, CA 91761 648.00
1049-201-07 439 S CAMPUS AV, Ontario, CA 91761 648.00
1049-204-05 840 E ONTARIO BL, Ontario, CA 91761 120.00
1049-204-06 840 E ONTARIO BL, Ontario, CA 91761 120.00
1049-204-07 842 E ONTARIO BL, Ontario, CA 91761 120.00
1049-204-08 844 E ONTARIO BL, Ontario, CA 91761 120.00
1049-231-13 0 E S.P.R.R., Ontario, CA 91761 340.00
1049-232-20 560 E PARK ST, Ontario, CA 91761 3,241.00
1049-245-01 302 E STATE ST, Ontario, CA 91761 140.00
1049-246-08 514 S CHERRY AV, Ontario, CA 91761 413.01
1049-303-29 601 S CYPRESS AV, Ontario, CA 91762 215.68
1049-312-05 745 W MISSION BL, Ontario, CA 91762 4,357.00 1049-312-16 754 W CARLTON ST, Ontario, CA 91762 515.00
1049-451-20 1009 S CAMPUS AV, Ontario, CA 91761 788.00
1049-503-12 648 E RALSTON ST, Ontario, CA 91761 211.00
1049-522-02 310 E BELMONT ST, Ontario, CA 91761 1,018.00 1050-021-05 740 W VALENTINE CT, Ontario, CA 91762 91.00 1050-081-20 1413 S EUCLID AV, Ontario, CA 91761 120.00
1050-262-16 236 E LOCUST ST, Ontario, CA 91761 1,010.00 1051-171-42 2410 S GROVE AV, Building:1, Ontario, CA 91761 2,125.82 1051-541-21 847 E DEERFIELD ST, Ontario, CA 91761 91.00 1052-131-02 0 S CUCAMONGA AV, Ontario, CA 91761 648.00
1052-141-04 7711 E RIVERSIDE DR, Ontario, CA 91761 1,029.56 1083-011-13 2550 S ARCHIBALD AV, Unit:A, Ontario, CA 91761 91.00 1083-281-01 0 E SCE EASEMENT, Ontario, CA 91761 340.00
125 109,604.40

Page 3 ends

Department: Community Development
Prepared By: Pablo DeLara
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

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

AN ORDINANCE APPROVING A FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT (FILE NO. PDA05-002) BETWEEN THE CITY OF ONTARIO AND SC ONTARIO DEVELOPMENT COMPANY, LLC.

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance approving a Fifth Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Focus Resources in Ontario's Commercial and Residential Neighborhoods Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action . The Development
Agreement continues to provide the mechanism for funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Parkside Speciﬁc Plan (Speciﬁc Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive public service funding fees plus development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.

BACKGROUND & ANALYSIS:

On December 19, 2023, the City Council held a public hearing to introduce and waive further reading of an Ordinance Approving a Fifth Amendment to the Development Agreement (File No. PDA05- 002).

The Parkside Speciﬁc Plan was approved by the City Council on September 5, 2006. The Parkside Speciﬁc Plan established the land use designations, development standards, design guidelines and development capacity of 1,947 residential units and 115,000 square feet of commercial uses for the 72 Speciﬁc Plan area.

The Speciﬁc Plan is comprised of 26 land use districts ("Planning Areas") incorporating 19 distinctive neighborhoods and oﬀering a variety of residential products. On June 16, 2020, the City Council approved an Amendment to the Parkside Speciﬁc Plan (File No. PSPA19- 007) to reconﬁgure the boundaries of Planning Areas 1 thru 4, 17 thru 19, and 21, revise internal circulation and design guidelines adding new housing types and architectural styles.

On September 19, 2006, the City Council approved a Development Agreement, File No. PDA05-002 ("Development Agreement") between the City of Ontario and SC Ontario Development Company, LLC ("Applicant") to provide the funding for additional City services required to support the Speciﬁc Plan residential development of up to 1,947 residential units and the infrastructure improvements required to support the related Tract Map No. 18048.

On July 7, 2009, the City Council approved an Amendment to the Development Agreement ("First Amendment") to allow Tract Map 18048 to be recorded for the purpose of ﬁnancing. On February 3, 2015, the City Council approved a second Amendment to the Development Agreement ("Second Amendment") to update the Development Agreement to conform with the current Construction Agreement with NMC Builders, LLC, and to provide for the phasing of the construction of public infrastructure for 250.89 acres of the Specific Plan.

On June 18, 2019, the City Council approved a third Amendment to the Development Agreement ("Third Amendment") to remove approximately 2.43 acres of land from the Development Agreement and change the legal description in conjunction with the lot line adjustment (File No.

LLA18-010) and sale of a portion of the property to Ontario Land Ventures, LLC, for the design, construction, and completion of street improvements necessary for the ultimate alignment of Eucalyptus Avenue.

On July 7, 2020, The City Council approved a fourth Amendment to the Development Agreement ("Fourth Amendment") to modify the commencement of certain speciﬁc infrastructure associated with the development of Tentative Tract Map 20316 (File No. PMTT19-020) and conform to the revised development standards established by the Parkside Speciﬁc Plan Amendment (File No.

PSPA19-007).

The main points of the original Development Agreement continue to address Development Impact Fees (DIF), public service funding, Community Facilities District (CFD) for maintenance of public facilities, park/open space requirements, aﬀordable housing fees, school facilities requirements, and remain in full force and eﬀect. State law and Section 2.5 of the original Development Agreement provide that amendments may be made to the Agreement upon the mutual consent of both parties, using the same process and procedures as for the consideration and approval of the original Development Agreement.

The Fifth Amendment was submitted in conjunction with a Tentative Tract Map (File No. PMTT22- 024/TT20487) to subdivide 31.70 acres of land into 5 numbered lots for condominium purposes and a Development Plan (File No. PDEV22-037) to construct 508 apartment units on 30 acres of land located within Planning Areas 17 and 18 of the Parkside Speciﬁc Plan. In addition, Applicant submitted an Amendment to the Parkside Speciﬁc Plan (File No. PSPA21-006) to; 1) increase the residential unit capacity from 1,947 to 2,851 dwelling units by modifying density ranges in 73 residential planning areas and adjusting certain planning area boundaries; 2) decrease commercial land use from 11.15 acres of land to 2.77 acres of land within Planning Area 19; 3) decrease Great Park land use from 58.86 acres of land to approximately 37.38 acres within Planning Area 21; 4) increase residential land use from 9.58 acres of land to 27.81 acres within Planning Areas 17 and 18; 5) update certain development standards and building categories; and 6) eliminate the private open space land use in Planning Areas 23, 24, and 25.The Fifth Amendment grants the Applicant a vested right to develop Tentative Tract Map 20487 (Map), provided the Owner complies with the terms and conditions of the Specific Plan and related EIR.

The new Tract Map (see attached Exhibit B) proposes revisions to the Speciﬁc Plan necessitates an amendment to the Development Agreement ("Fifth Amendment") to modify the commencement of certain speciﬁc infrastructure associated with the development of Tentative Tract Map 20487 (File No. PMTT22-024) and conform to the updated development standards established by the Parkside Specific Plan Amendment (File No. PSPA21-006).

Key points addressed in the Fifth Amendment are the following:

Design, construction, and timing of the traﬃc signal at Eucalyptus Avenue and Millennium Paseo;

Updated trail improvements and the timing of those improvements;

Timing for the construction of the Cucamonga Creek Channel Bridge enhancements;

Timing of construction for Phase 2 retail site improvements;

Modiﬁcation of the parkland and Quimby act fee, construction and City acquisition of the Grand Park; and

Extension of terms of the Development Agreement.

In considering the application at their meeting on November 28, 2023, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No. PC23-093 with a 6 to 0 vote, recommending City Council approval of the Fifth Amendment.

ENVIRONMENTAL REVIEW:

An Addendum to the Parkside Speciﬁc Plan (File No. PSP03-002) Environmental Impact Report (SCH# 2004011008) certiﬁed by the City Council on September 5, 2006, was prepared. This Application introduces no new signiﬁcant environmental impacts. All previously adopted mitigation measures are a condition of Project approval and are incorporated herein by this reference.
74 Exhibit A— Parkside Specific Plan (File No’s. PSP03-002 & PSPA21-006)

75 Exhibit B— TENTATIVE TRACT MAP 20487

76 ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA05-002, A DEVELOPMENT

AGREEMENT BETWEEN THE CITY OF ONTARIO AND SC ONTARIO

DEVELOPMENT COMPANY, LLC TO ESTABLISH THE TERMS AND
CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP NO. 20487 (FILE NO. PMTT22-024) TO SUBDIVIDE 31.70 ACRES OF LAND INTO 5

NUMBERED LOTS FOR CONDOMINIUM PURPOSES, LOCATED EAST

OF THE CUCAMONGA CREEK CHANNEL, WEST OF ARCHIBALD

AVENUE, SOUTH OF ONTARIO RANCH ROAD AND APPROXIMATELY
1,104 FEET NORTH OF EUCALYPTUS AVENUE WITHIN PLANNING
AREAS 17, 18, AND 19 OF THE PARKSIDE SPECIFIC PLAN (FILE NO.

PSP03-002), AND MAKING FINDINGS IN SUPPORT THEREOF APNS:
0218-221-10, 0218-221-11, 0218-231-45, 0218-231-04, 0218-231-08, 0218-231-10, 0218-231-11, 0218-231-13, 0218-231-15, 0218-231-16, 0218-231-23, 0218-231-24, 0218-231-31, 0218-231-32, 0218-231-34, 0218-231-36, 0218-231-39, 0218-063-06, 0218-063-07, 0218-073-04, 0218-073-06, 0218-073-07, 0218-063-04 AND 0218-231-47, AND 0218-231-48.

WHEREAS, SC Ontario Development Company, LLC ("Applicant") has filed an application for the approval of a Fifth Amendment to the Development Agreement, File No. PDA05-002, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 31.70 acres of unimproved land generally located at the southwest corner of Archibald Avenue and Ontario Ranch Road, east of the Cucamonga Flood Control Channel, and north of Planning Area No. 21, within Planning Areas 17, 18 and 19 of the proposed Parkside Specific Plan Amendment, File No. PSPA21-006, and is presently vacant; and
WHEREAS, the property to the north of the Project site is within the Avenue Specific Plan and is undeveloped. The property to the east is within the Grand Park Specific Plan and is undeveloped. The property to the south is within the Parkside Specific Plan and is developed with a City fire station and Chino Basin Desalter well site. The property to the west is within the Parkside Specific Plan, and is developed with the Cucamonga Flood Control Channel; and
WHEREAS, the Applicant submitted a request to amend the Parkside Specific Plan (File No. PSPA21-006) to reconfigure certain Planning Areas, increase the residential capacity from 1,947 to 2,851 residential units to be consistent with The Ontario Plan (TOP) 2050, decrease the Great Park from 58.86 acres to 37.38 acres and commercial development from 15.66 acres to 2.68 acres, and revise, design and development standards; and
77 WHEREAS, The Parkside Specific Plan was approved by the City Council on September 5, 2006. The Parkside Specific Plan established the land use designations, development standards, design guidelines and development capacity of 1,947 residential units and 115,000 square feet of commercial uses for the Specific Plan area. The Specific Plan is comprised of 26 land use districts (“Planning Areas”), incorporating 19 distinctive neighborhoods and offering a variety of residential products; and WHEREAS on June 16, 2020, City Council approved an amendment to the Parkside Specific Plan (File No. PSPA19-007) to reconfigure the boundaries of Planning Areas 1 thru 4, 17 thru 19, and 21, revise internal circulation and design guidelines adding new housing types and architectural styles; and
WHEREAS, on September 19, 2006, the City Council of the City of Ontario (“City”), adopted Ordinance No. 2841, approving the original Development Agreement between the City and Applicant, to provide the funding for additional City services required to support the Parkside Specific Plan (File No. PSP03-002) residential development of up to 1,947 residential units and the infrastructure improvements required to support the related Tract Map 18048 (File No. PMTT06-039); and
WHEREAS, on July 7, 2009, the City adopted Ordinance No. 2909, approving a First Amendment to the Development Agreement, to allow Tract Map 18048 to be recorded for the purpose of financing; and
WHEREAS, on February 3, 2015, the City adopted Ordinance No. 3012, approving a Second Amendment to the Development Agreement, to update the Development Agreement to conform with the Construction Agreement with NMC Builders, LLC, and to provide for the phasing of the construction of public infrastructure for 250.89 acres of the Parkside Specific Plan; and
WHEREAS, on June 18, 2019, the City adopted Ordinance No. 3134, approving the Third Amendment to the Development Agreement, to change the legal description in conjunction with the lot line adjustment (File No. LLA18-010) and sale of a portion of the property to Ontario Land Ventures, LLC, for the design, construction, and completion of street improvements necessary for the ultimate alignment of Eucalyptus Avenue; and WHEREAS, on July 7, 2020, The City Council adopted ordinance No. 3164, approving a fourth amendment to the Development Agreement (“Fourth Amendment”) to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 20316 (File No. PMTT19-020), and conform to the revised development standards established by the Parkside Specific Plan Amendment (File No. PSPA19-007); and
WHEREAS, on August 3, 2022, the Applicant submitted a Tentative Tract Map No. 20487 (File No. PMTT22-024) to subdivide 31.70 acres of land into 5 numbered lots for condominium purposes and a Development Plan (File No. PDEV22-037) to construct 508 apartment units on 30 acres of land located within Planning Areas 17 and 18 of the Parkside Specific Plan. In addition, Applicant submitted an Amendment to the Parkside Specific Plan (File No. PSPA21-006) to; a) increase the residential unit capacity from 1,947 to 2,851 dwelling units by modifying density ranges in residential planning areas and adjusting certain 78 planning area boundaries; b) decrease commercial land use from 11.15 acres of land to

2.77 acres of land within Planning Area 19; c) decrease Great Park land use from 58.86 acres of land to approximately 37.38 acres within Planning Area 21; d) increase residential land use from 9.58 acres of land to 27.81 acres within Planning Areas 17 and 18; e) update certain development standards and building categories; and f) eliminate the private open space land use in Planning Areas 23, 24, and 25; and
WHEREAS, the new Tract Map (see attached Exhibit B) and proposed revisions to the Specific Plan necessitates a fifth amendment to the Development Agreement (“Fifth Amendment”) to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 20487 (File No. PMTT22-024), and conform to the updated development standards established by the Parkside Specific Plan Amendment (File No. PSPA21-006); and
WHEREAS, the Application is a project pursuant to the California Environmental Quality Act — Public Resources Code Section 21000 et seq. — (hereinafter referred to as "CEQA") and an initial study has been prepared to determine possible environmental impacts; and
WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and approve/deny 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, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "ALUCP"), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, on November 28, 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. PC23-093 recommending the City Council approve the Application; and
79 WHEREAS, on December 19, 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 approving authority for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of this project were previously reviewed in conjunction with File No. PSP03-002, an addendum to the Parkside Specific Plan for which a Certified EIR was adopted by the City Council on September 5, 2006; and
(2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and (3) The previous Certified EIR was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The previous Certified EIR reflects the independent judgment of the City Council; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed in the previous Certified EIR, and all mitigation measures previously adopted with the Certified EIR, are incorporated herein by this reference.

SECTION 2: Subsequent or Supplemental Environmental Review Not Required. Based on the information presented to the City Council, and the specific findings set forth in Section 1, above, the City Council finds that the preparation of a subsequent or supplemental Certified EIR is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified EIR that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and
(2) Does not constitute substantial changes with respect to the circumstances under which the Certified EIR was prepared, that will require major revisions to the Certified EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant effects; and
80 (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 approving authority 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. The Project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

SECTION 4: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

The California State Aeronautics Act (Public Utilities Code Section 21670 et seq.) requires that an Airport Land Use Compatibility Plan be prepared for all public use airports in the State; and requires that local land use plans and individual development proposals must be consistent with the policies set forth in the adopted Airport Land Use Compatibility Plan. (1) On April 19, 2011, the City Council of the City of Ontario approved and adopted the Ontario International Airport Land use Compatibility Plan, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the approving 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 81 (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
SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
(1) The Fifth Amendment applies to subdivide 31.70 acres of land into 5 numbered lot for condominium purposes located east of the Cucamonga Creek Channel, west of Archibald Avenue, south of Ontario Ranch Road and approximately 1,104 feet north of Eucalyptus Avenue within Planning Areas 17, 18, and 19 of the Parkside Specific Plan.
(2) An Addendum to the Parkside Specific Plan (File No. PSP03-002); and the main points of the original Development Agreement continue to address Development Impact Fees (DIF), public service funding, Community Facilities District (CFD) for maintenance of public facilities, park/open space requirements, affordable housing fees, school facilities requirements, and remain in full force and effect. State law and Section

2.5 of the original Development Agreement provide that amendments may be made to the Agreement upon the mutual consent of both parties, using the same process and procedures as for the consideration and approval of the original Development Agreement; and
(3) The new Tract Map (see attached Exhibit B) and proposed revisions to the Specific Plan necessitates a fifth amendment to the Development Agreement (“Fifth Amendment”) to modify the commencement of certain specific infrastructure associated with the development of Tentative Tract Map 220487 (File No. PMTT22-024), and conform to the updated development standards established by the Parkside Specific Plan Amendment (File No. PSPA21-006); and
(4) Key points addressed in the Fifth Amendment are the following:
(a) Design, construction, and timing of the Traffic Signal at Eucalyptus Avenue and Millennium Paseo;
(b) Updated Trail improvements and the timing of those improvements; (c) Timing for the construction of the Cucamonga Creek Channel Bridge Enhancements;
82 (d) Timing of construction for Phase 2 retail site improvements; (e) Modification of the parkland and Quimby act fee, construction and City acquisition of the Grand Park (Great Park); and
(f) Extension of terms of the Development Agreement.

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 Fifth Amendment to the Development Agreement (File No. PDA05-002), attached hereto as "Attachment A," and incorporated herein by this reference.

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

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

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

SECTION 10: Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect 83 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 11: Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 12: Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 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.

PASSED, APPROVED, AND ADOPTED this 16th day of January 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
84 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. 3265 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 19, 2023, and adopted at the regular meeting held January 16, 2024 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. 3265 duly passed and adopted by the Ontario City Council at their regular meeting held January 16, 2024 and that Summaries of the Ordinance were published on December 26, 2023 and January 23, 2024, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
85 ATTACHMENT A:

File No. PDA05-002

FIFTH AMENDMENT TO THE DEVELOPMENT

AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
SC Ontario Development Company, LLC
a Delaware limited liability company
(Development Agreement to follow this page)
86 1/16/2023

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
______________________________________________________________________ Exempt from Recording Fees Per Government Code Sections 6103 and 27383 ______________________________________________________________________ Space above this line for Recorder’s Use
File No. PDA05-002

FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
SC Ontario Development Company, LLC
a Delaware limited liability company
, 2023
San Bernardino County, California

FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
87 2

BY AND BETWEEN THE CITY OF ONTARIO AND

SC ONTARIO DEVELOPMENT COMPANY, LLC
This Fifth Amendment to Development Agreement (hereinafter “ Fifth Amendment”) is entered into as of the _____ day of ___________________ 2023 by and among the CITY OF ONTARIO, a California municipal corporation (hereinafter “CITY”), and SC ONTARIO DEVELOPMENT COMPANY LLC, a Delaware limited liability company (hereinafter “OWNER”).

RECITALS
WHEREAS, the CITY and OWNER’s predecessor have previously entered into a (i) Development Agreement dated September 19, 2006 and recorded in San Bernardino County, California on November 14, 2006 as Instrument No. 2006-0774531 pursuant to Section 65864, et seq., of the Government Code, (hereinafter the “Original Development Agreement”), as amended by (ii) that First Amendment to Development Agreement dated June 16, 2009, and recorded on September 14, 2009 as Instrument No. 2009-0403692 (the “ First Amendment ”), (iii) that Second Amendment to the Development Agreement dated April 4, 2017, and recorded on May 15, 2017 as Instrument No. 2017-0199310 (the “Second Amendment”), (iv) that Third Amendment to Development Agreement dated June 18, 2019, and recorded on June 27, 2019 as Instrument No. 2019-0211740 (the “Third Amendment”) and (v) that Fourth Amendment to Development Agreement dated July 7, 2020 and recorded on July 31, 2020 as Instrument No. 2020-0265729 (the “ Fourth Amendment”), all with respect to the real property described in Exhibit “A-R” to this Fifth Amendment.

WHEREAS the CITY and OWNER now intend to amend further the Original Development Agreement, as amended by the First, Second, Third and Fourth Amendments respectively (collectively, the “ Development Agreement ”), as set forth herein, provided, however, such amendment shall apply only to the extent that OWNER still owns real property within the Project. Although Phase 1A of the Project is referenced herein, nothing herein is intended by CITY or OWNER to amend the Development Agreement to the extent applicable to such Phase 1A, which has been conveyed to The New Home Company. Accordingly, the land within such Phase 1A and the rights and obligations of The New Home Company and CITY with respect to such Phase 1A, as set forth in the Development Agreement, shall remain unamended and are expressly excluded from the terms and provisions of this Fifth Amendment.

WHEREAS, Section 2.5 of the Original Development Agreement specifies that the Development Agreement may be amended in whole or in part only in the manner provided for in Government Code Section 65868.1 and the procedure for adopting and entering into an amendment to the Development Agreement shall be the same as the procedure for adopting and entering into the Original Development Agreement; and WHEREAS, the CITY and OWNER agree to modify the commencement of certain specific infrastructure improvements to reflect the Tentative Tract Map 20316 and current 88 3
development conditions in Ontario Ranch as it relates to the Parkside Specific Plan area; and
WHEREAS, the CITY and OWNER agree that execution of this Fifth Amendment shall constitute Certification of Agreement Compliance under Section 6.6 of the Development Agreement; and
WHEREAS, the term of the Original Development Agreement was for a ten (10) year term, expiring on September 19, 2016, the term of the Development Agreement was extended an additional five (5) years by the execution of the Second Amendment, expiring September 19, 2021, and the term of the Development Agreement was extended an additional five (5) years by the execution of the Fourth Amendment, expiring September 19, 2026, CITY and OWNER now agree to extend the term of the Development Agreement for an additional five (5) year period, expiring on September 19, 2031 and to provide for the further extension of the term of the Development to September 19, 2036 once the 1,040th permit has been issued for the Project.

AGREEMENTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual agreements hereinafter contained, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

2.1 Defined Terms. Unless otherwise defined herein, capitalized terms contained in this Amendment shall have the meanings ascribed to the in the Development Agreement.

2.1 Additional and Modified Definitions.
“Effective Date ” means the date that the ordinance approving this Fifth Amendment becomes effective.
“Development Agreement ” is revised to mean, collectively, the Original Development Agreement, the First Amendment, Second Amendment, Third Amendment, Fourth Amendment and this Fifth Amendment.
“Existing DIF Credit Agreement ” means that certain Development Impact Fee Credit Agreement For Facility Construction (File No. PDIF 19-908) dated March 2, 2021.
“Existing Development Approvals ” is revised to mean all Development Approvals approved or issued prior to the Effective Date. Existing Development Approvals includes the Development Approvals incorporated herein as Exhibit “C-R” and all other Development Approvals that are a matter of public record on the Effective Date.
89 4
“Existing Land Use Regulations” is revised to mean all Land Use Regulations in effect on the Effective Date and all other Land Use Regulations that are in effect and a matter of public record on the Effective Date. Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “D-R.” “Model Units” means a maximum of thirty-six (36) units in each of the four (4) Phases constructed by OWNER for promotion of sales.
“Phase 1 Units” means the first five hundred forty (540) units for which the CITY issues building permits to OWNER and shall include up to thirty-six (36) Model Units.
“Phase 2 Units ” means the five hundred eight (508) units and a commercial shopping center consisting of fifteen thousand (15,000) square of building space (as depicted on the Revised Conceptual Phasing Plan attached hereto as Exhibit “E-R”) for which the CITY issues building permits to OWNER and shall include up to thirty-six (36) Model Units.
“Phase 3 Units” means the nine hundred one (901) units, (as depicted on Exhibit “E-R”attached hereto) for which the CITY issues building permits to OWNER and shall include up to thirty-six (36) Model Units.
“Phase 4 Units” means the nine hundred two (902) units (as depicted on Exhibit “E-R”attached hereto) for which the CITY issues building permits to OWNER. and shall include up to thirty-six (36) Model Units.
“Production Units” means all units constructed for sale or lease by OWNER and occupancy and excludes a maximum of thirty-six (36) Model Units per Phase constructed by OWNER for promotion of sales.

2.1 Exhibits. The following documents are attached to, and by this reference made a part of, this Fifth Amendment and revise and replace Exhibits A-R, B-R, C-R, D- R, and E-R in the Development Agreement:

Exhibit “A-R” – Revised Legal Description of Property
Exhibit “B-R” – Revised Parkside Specific Plan
Exhibit “C-R” – Revised Existing Development Approvals
Exhibit “D-R” – Revised Existing Land Use Regulations
Exhibit “E-R” — Revised Conceptual Phasing Plan
Exhibit “F-R” – Cucamonga Creek Channel Bridge Enhancements 90 5
Exhibit “G-R” - Enhanced Amenities Required For Qualified Community Facilities District HOA Waiver Policy
Exhibit “H-R” -Great Park Phasing Map

2. MODIFICATIONS TO DEVELOPMENT AGREEMENT TO CONFORM TO

AMENDMENT
The following provisions of Section 2.3 of the Fourth Amendment are hereby revised and added to provide as follows:

2.3 Modifications of the Amounts of the CFD to Finance CITY Services. Prior to, and as a condition precedent to, the recordation of each final subdivision creating buildable lots, such map shall be included in a Community Facilities District (“CFD”) to finance CITY services through annual special taxes. The amounts contained in Section 5.1 in the Development Agreement shall be modified as follows:
 Single Family Detached Dwelling Unit from $1,443.71.
 Multiple Family Dwelling Unit from $1,251.15
 Gated Apartment Community Dwelling Unit from $1,048.96.  The amount for Non-Residential building shall be modified to $0.27 per square foot.

These modified amounts shall be subject to an automatic increase, not to exceed four (4%) percent per year, beginning on July 1, 2024, unless otherwise modified by the CITY.

CITY and OWNER intend that the Phase 2 Units will be developed as a for-rent apartment project under single ownership. So long as the Phase 2 Units remain for-rent apartments, the requirements of this section shall not apply to the Phase 2 Units. However, if OWNER elects to develop or convert the Phase 2 Units into for-sale condominium units, OWNER shall form a Community Facilities District subject to the provisions of this section prior to the first Close of Escrow within that phase.

3. MODIFICATIONS TO DEVELOPMENT AGREEMENT TO AMEND CERTAIN

REQUIREMENTS FOR CONSTRUCTION OF SPECIFIC PUBLIC
IMPROVEMENTS.

A. The following provisions of Section 3.7 of the Fourth Amendment are hereby revised and added to provide as follows:
91 6

3.7.4 Traffic Signal at Eucalyptus Avenue and Millennium Paseo. Because the name of Parkhouse Privado was changed to Millennium Paseo, the Development Agreement is amended to provide that OWNER now shall design, construct, and complete the Traffic Signal at Eucalyptus Avenue and Millennium Paseo (instead of Parkhouse Privado), prior to and as a condition precedent to OWNER’S request for the first occupancy permit for Phase 1 Production Units or prior to completion of the Eucalyptus Bridge Improvements, whichever occurs first. All references to Parkhouse Privada are hereby deleted.

3.7.6 Progress Reports. OWNER shall provide periodic written progress reports to the CITY commencing thirty (30) days after the OWNER initiates construction of the Trail Improvements for each Phase, and each sixty (60) days thereafter regarding the progress of construction of the Trail Improvements for each Phase.

3.7.9 Cucamonga Creek Channel Bridge Enhancements. CITY and OWNER mutually agree that the development of the Cucamonga Creek Channel Bridge Enhancements as shown in “Exhibit F-Phase 3” shall be revised as set forth in Exhibit “F-R” attached hereto and shall be constructed and completed by OWNER prior to the 1,049th building permit issued for Production Units.

3.7.10 Phase 2 Retail Site Improvements. CITY and OWNER mutually agree that the development of the Phase 2 Units and commercial site shall be constructed subject to the following:
 Prior to the issuance of the 250th residential building permit issued for Phase 2 Units, OWNER shall submit the Phase 2 commercial site improvement and building plans to the City for plan check. Should the applicant fail to satisfy this condition, CITY may, at its sole discretion, withhold any additional permit issuance and may withhold any certificate of occupancies not previously issued, provided however that the city manager may authorize the release of additional permits and certificates of occupancy upon evidence in CITY sole discretion that market conditions outside of OWNER’s control prevented the timely development of the Phase 2 commercial site.
 Prior to the issuance of the 450th residential certificate of occupancy issued for Phase 2 Units, OWNER shall apply for and receive a commercial building permit for the Phase 2 commercial site. The commercial building construction shall be diligently pursued to completion and issuance of building final permit.

Should the applicant fail to satisfy this condition, CITY may, at its sole discretion, withhold any additional permit issuance and may withhold any certificate of occupancies not previously issued, provided however that the city manager may authorize the release of additional permits and certificates of occupancy upon evidence that market conditions outside of OWNER’s control prevented the timely development of the Phase 2 commercial site. 92 7

4. MODIFICATION OF PARKLAND AND QUIMBY ACT FEE/CONSTRUCTION AND

ACQUISITION OF GREAT PARK
A. Section 4.2.3 of the Development Agreement is revised to provide as follows:

4.2.3 Parkland and Quimby Act Fees. Pursuant to the General Plan (Ontario Plan) Goal PR1, Policy PR1-5 (achievement of a park standard of 5 acres of parkland per 1,000 residents), OWNER shall, with respect to its Project, develop and improve 2 acres of parks and improved open space per 1,000 of projected population (“Parkland”) without Quimby fee credit, reimbursement, offset or other consideration from CITY. Such areas shall be transferred to a homeowner’s association or to the City if any such areas are included in the public areas of the Great Park.

4.2.3.1 Satisfaction of Parkland Requirements. OWNER’s requirements for acquisition and improvement of Parkland in an amount equal to two (2) acres per 1,000 of projected population shall be deemed satisfied by a combination of the development of non-public recreational facilities such as private pocket parks, pools, splash pads, community centers, tennis and basketball courts, clubhouses and other community amenities, and by the development and dedication of a portion of the Great Park and the Trail Improvements. The portion of the Great Park and the Trail Improvements that is dedicated in recognition of Owner’s requirements for parkland in the amount equal to two (2) acres per 1,000 of projected population shall be dedicated to the CITY without DIF credit and shall not be considered as a “Non-Program Interest” as provided in Section 3.6 of the Construction Agreement. CITY and OWNER agree that the following improvements and dedications satisfy OWNER’s parkland requirements under Section 4.2.3 above to the full extent of the acreages described in the following subsections of this Section 4.2.3.

4.2.3.2 CITY and OWNER agree that lot NN consisting of 1.32 acres was developed and improved as a private recreation area to serve the Project in satisfaction of OWNER’S parkland requirements set forth in Policy PR1-5 and Section 4.2.3 above and its subsections.

4.2.3.3 OWNER shall dedicate to the CITY 4.39 acres within the Great Park, concurrent with the City’s close of escrow for its purchase of that additional 11.3 acres within the Great Park collectively identified as Park Areas I and II of the Great Park on the map attached as Exhibit “H” attached hereto. Thereafter, within eighteen (18) months after that close of escrow, OWNER shall complete those parkland improvements within Park Area I to be described in the Great Park Plan referred to in Section 4.2.4 below (the “Great Park Phase 1 Improvements ”).

OWNER’S dedication of the aforementioned 4.39 acres to the City for the Great Park shall be in satisfaction of OWNER’S parkland requirements set forth in Policy PR1-5 and Section 4.2.3 above and its subsections. Except for those Great Park Phase 1 Improvements located within Park Area I, the City shall be solely 93 8
responsible for the funding and construction of all improvements to Park Area II of the Great Park (the “Great Park Phase 2 Improvements”).

4.2.3.4 OWNER shall complete The Trail Improvements described in section 3.7.5 of the 4th Amendment to the Development Agreement in satisfaction of OWNER’S parkland requirements set forth in Policy PR1-5 and Section 4.2.3 above and its subsections.

B. Section 4.2.4 of the Second Amendment to the Development Agreement is revised to provide as follows:

4.2.4. OWNER agrees that Park Areas I, II, II and IV on the map attached hereto as Exhibit “H,” collectively comprise the Great Park as identified in the Parkside Specific Plan which shall be transferred to the City and improved by Owner in four (4) Phases in accordance with the City’s park standards and open to the public.

Park Areas I and II are to be transferred together to the CITY by OWNER as set forth in Section 4.2.3.3 and Park Areas III and IV shall be transferred to City in accordance with the terms of the Great Park Plan (defined below). CITY and OWNER shall meet periodically and/or as needed from the Effective Date of this Amendment, to jointly develop a plan for the timing and phasing of the improvement, funding, completion and acquisition of each of the Park Areas I,II, III and IV (the “ Great Park Plan ”). The Great Park Plan may be in the form of Purchase and Sale Agreements between the City and Owner which shall provide for City’ purchase of Park Areas I, II, III and IV, and identify the improvements which Owner shall construct within each Park Area. Subject to the successful development of the Great Park Plan and OWNER’s and CITY’s approval and execution of an amendment to the Existing DIF Credit Agreement (or execution of a separate DIF Credit and Reimbursement Agreement) (the “ Great Park DIF Agreement”) which adds all public improvements made to the Great Park by OWNER as improvements with are eligible for DIF Credit (the “ Great Park Improvements”), the design and construction of the Great Park Improvements shall entitle OWNER, if OWNER elects, to a credit towards its obligations under the Quimby Act (Gov. Code § 64477) and the CITY’s implementing ordinance and/or resolution (collectively “ Quimby Act Obligations ”), and/or alternatively, OWNER shall be entitled to have the CITY acquire such developed and public available parks as Non-Program Interests as set forth in Section 3.6.2 of the Construction Agreement Amendment. CITY acknowledges that the development of the Great Park areas by OWNER exceeds OWNER’s requirements for the development of parkland and open space and OWNER shall be entitled to further consideration for the development and dedication of the Great Park area in form of reimbursements to OWNER from Quimby Act Fees collected by CITY and paid by other development within the Ontario Ranch area of the New Model Colony, and/or by the City’s issuance of DIF Credits to Owner in accordance with the Great Park DIF Agreement. The specific terms of the issuance of DIF Credit and DIF 94 9
Reimbursement to OWNER for the Great Park Improvements will be included in the Great Park DIF Agreement as provided above and in Section 4.2.6.

C. Section 4.2.6 is added to the Development Agreement to provide as follows:

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

To the extent OWNER is required to construct and completes construction of Improvements that are included in CITY's Development Impact Fee Program and such Improvements are not included in the Construction Agreement Amendment between CITY and NMC Builders, CITY agrees that CITY shall issue DIF Credit, and where appropriate, DIF Reimbursement in accordance with the provisions of an amendment to the Existing DIF Credit Agreement (or execution of a separate DIF Credit and Reimbursement Agreement). Limitation on the use of DIF Credit issued to OWNER to offset OWNER's DIF payment obligations shall also be subject to the provisions of such amendment to the Existing DIF Credit and Reimbursement Agreement (or separate DIF Credit and Reimbursement Agreement). OWNER may also be eligible to receive reimbursement from DIF collected by CITY and paid by other development that benefit from OWNER's construction of Infrastructure that is included in CITY's DIF Program. Any such DIF Reimbursement shall be subject to such an amendment to the Existing DIF Credit Agreement (or separate DIF Credit and Reimbursement Agreement). CITY and OWNER agree that such amendment to the Existing DIF Credit Agreement (or separate DIF Credit and Reimbursement Agreement) between CITY and OWNER shall comply with CITY's adopted policies applicable to such agreements."

5. OTHER MODIFICATIONS.

A. Section 4.2 of the Fourth Amendment is revised to provide as follows:

4.2 Extension of Term of the Development Agreement. CITY and OWNER acknowledge that the Term of the Development Agreement will expire on September 19, 2026. CITY and OWNER also agree that the OWNER has not met the building permit issuance requirements for the extension of the term of the Development Agreement as Notwithstanding that this requirement has not been met, CITY and OWNER agree that OWNER has met the remaining requirements for the extension of the term of the Development Agreement and that OWNER is not in default of the Development Agreement. CITY and OWNER agree that the term of the Development Agreement shall be extended for an additional five (5) year period to September 19, 2031 for a total term of twenty-five (25) years following the Effective Date of the Development Agreement. The Development Agreement shall be extended an additional five (5) year period to September 19, 2036 once the 1,040 th permit has been issued for the Project.
95 10

6. INTEGRATION .

A. Section 6.1 of the Fourth Amendment is revised to provide as follows:

6.1 Integration of Previous Understands and Clarifications. This Fifth Amendment reflects the complete understanding of the parties with respect to the subject matter hereof. To the extent this Fifth Amendment conflicts with the Development Agreement, First Amendment, Second Amendment, Third Amendment, Fourth Amendment, this Fifth Amendment supersedes such previous document(s). In all other aspects, the parties hereto re-affirm and ratify all other terms, conditions, provisions, and obligations under the Original Development Agreement, First Amendment, Second Amendment, Third Amendment and Fourth Amendment. The Property covered by this Fifth Amendment is as described in the legal description of the Property attached hereto as revised Exhibit “A-R.” This Fifth Amendment shall be recorded against the Property.
[Signatures Immediately on Next Page]
96 11

SIGNATURE PAGE

TO FIFTH AMENDMENT TO DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF ONTARIO AND SC ONTARIO DEVELOPMENT COMPANY, LLC.

IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment as of the Effective Date.
"OWNER"

SC ONTARIO DEVELOPMENT COMPANY,
LLC,
a Delaware limited liability company
By: LEWIS MANAGEMENT CORP. ,
a Delaware corporation - Its Sole
Manager
By:

Name:

Its: Authorized Agent
"CITY"

CITY OF ONTARIO
a California municipal corporation
By:_______________________________
Scott Ochoa, City Manager
Date: ___________________
ATTEST:
__________________________________
City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST & KRIEGER, LLP
__________________________________
City Attorney
97 12

ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of _________________________ )
On ____________________, 20__ before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature
[SEAL]
98 13

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

WITNESS my hand and official seal.

Signature
[SEAL]
99 1/16/2023
EXHIBIT “A-R”

REVISED LEGAL DESCRIPTION OF PROPERTY

THE LAND HEREINAFTER DESCRIBED IS SITUATED IN THE CITY OF ONTARIO,

STATE OF CALIFORNIA, COUNTY OF SAN BERNARDINO AND IS DESCRIBED AS FOLLOWS:

PARCEL 1 (SUNKIST)
GOVERNMENT LOTS 3 AND 4 AND THE SOUTHEAST ONE-QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 7 WEST, SAN BERNARDINO MERIDIAN IN THE

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE LAND DESCRIBED

IN THAT CERTAIN EASEMENT IN FAVOR OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT RECORDED APRIL 20, 1944, IN BOOK 1678 PAGE 154 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE SAN

BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED SEPTEMBER 29, 1977, IN BOOK 9273 PAGE 254 OF OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE COUNTY OF SAN BERNARDINO BY DEED RECORDED AUGUST 29, 1990, AS INSTRUMENT NO. 90-344004 OF OFFICIAL RECORDS.

ALSO EXCEPT ALL COUNTY ROADS AND HIGHWAYS.
100
15 ALSO EXCEPTING THE FOLLOWING:
101
16 102
17 EXHIBIT “B-R”

REVISED PARKSIDE SPECIFIC PLAN
103
18 EXHIBIT “C-R”

REVISED EXISTING DEVELOPMENT APPROVALS
On April 23, 2019, the Planning Commission:
a) Adopted Resolution No. PC19-025 recommending City Council approval of the Third Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC. 104
19 EXHIBIT “C-R” Continued

EXISTING DEVELOPMENT APPROVALS
On June 18, 2019, the City Council:
a) Adopted Ordinance 3134 approving the Third Amendment to the Development Agreement (File No. PDA05-002) between the City of Ontario and SC Ontario Development Company, LLC.
105
1/16/2023
EXHIBIT “D-R”

REVISED EXISTING LAND USE REGULATIONS
The Documents are listed for reference only:

1. Parkside Specific Plan Environmental Impact Report, Resolution No. 2006-068.

2. General Plan Amendment (File No. PGPA04-003), Resolution No. 2006-068A.

3. Parkside Specific Plan (File No. PSP03-002), Ordinance No. 283.

4. City of Ontario Municipal Code:
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks and Recreation
106
21 EXHIBIT “E-R”

REVISED CONCEPTUAL PHASING PLAN
(SEE ATTACHED)
107
22 108
23 109
24 110
25 111
26 112
27 113
28 114
29 115
30 116
31 EXHIBIT “F-R”

CUCAMONGA CREEK CHANNEL BRIDGE ENHANCEMENTS
[SEE ATTACHED]
117
32 118
1/16/2023
EXHIBIT “G-R”

ENHANCED AMENITIES REQUIRED FOR QUALIFIED COMMUNITY FACILITIES

DISTRICT HOA WAIVER
[SEE ATTACHED]
119
34 120
35 EXHIBIT “H”

GREAT PARK PHASING MAP
[SEE ATTACHED]
121
36 122
Department: Community Development
Prepared By: Pablo DeLara
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 7
SUBJECT:

AN ORDINANCE APPROVING A DEVELOPMENT AGREEMENT (FILE NO. PDA23- 002) BETWEEN THE CITY OF ONTARIO AND IV3 LOMA CREEK LOGISTICS CENTER, LLC

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt an Ordinance approving a Development Agreement (File No. PDA23-002) between the City of Ontario and IV3 Loma Creek Logistics Center LLC.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
FISCAL IMPACT:

There is not a direct ﬁscal impact associated with this action . The Development
Agreement will provide funding from the formation of a Community Facilities District (CFD) for City services and facilities required to support the Rich Haven Speciﬁc Plan (Speciﬁc Plan) development, thereby mitigating the increased costs associated with such services. In addition, the City will receive public service funding fees plus development impact, compliance processing, licensing, and permitting fees. No General Fund revenue will be used to support the Ontario Ranch development.

BACKGROUND & ANALYSIS:

On December 19, 2023, the City Council held a public hearing to introduce and waive further reading of an Ordinance approving the Development Agreement (File No. PDA23-002).

The Ontario Ranch Financial commitments required for construction of properties within a speciﬁc plan are substantial. Therefore, in order to adequately forecast these costs and gain assurance that the project may proceed under the existing policies, rules, and regulations, IV3 Loma Creek Logistics Center, LLC (Owner), has requested that the City enter into negotiations to create a Development Agreement (Agreement).
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The proposed Agreement is based on the model Development Agreement that was developed in coordination with the City Attorney and legal counsel for NMC Builders. This model Development Agreement is consistent with the provisions of the Construction Agreement. The terms of the agreement between NMC Builders members requires that members of the LLC enter into Development Agreements that are consistent with the provisions of the Construction Agreement and are consistent with the commitments to assure adequate public infrastructure improvements are constructed by the Owner.

The Agreement proposes to include 23.88 acres of land within the Planning Area 2C (Light Industrial District) of the Speciﬁc Plan, as shown on the attached Exhibit A. The Agreement grants the Applicant a vested right to develop the Development Plan (File No. PDEV23-013), provided the Owner complies with the terms and conditions of the Specific Plan and related EIR.

The Development Plan proposes to construct one industrial building totaling 534,373 square feet on 23.88 acres of land located on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Speciﬁc Plan.

The conceptual site plan, as shown on attached Exhibit B, illustrates the proposed future development of the Project site.

The term of the Agreement is for 10 years, with a 5-year option to renew. The main points of the Agreement address funding for all new City expenses created by the project, which includes:

Development Impact Fees (DIF) for construction of public improvements (i.e. streets and bridges, sewer, water, storm drain and ﬁber); Public Service Funding to ensure adequate provisions of public services (police, ﬁre, and other public services); and the creation of a Community Facilities District (CFD) for the maintenance of public facilities. Additionally, the Owner shall pay in lieu-fees to the City for the future construction and completion of Ontario Ranch Regional Water and Storm Drain improvements.

In considering the Agreement at their meeting on November 28, 2023, the Planning Commission found the Agreement to be consistent with State law, The Ontario Plan, and the City's Development Agreement policies. As a result, the Planning Commission adopted Resolution No. PC23-099 with a 6 to 0 vote, recommending City Council approval of the Agreement.

ENVIRONMENTAL REVIEW:

The environmental impacts of this project were previously reviewed in conjunction with the Rich Haven Speciﬁc Plan Amendment (File No. PSPA22-001), for which an Environmental Impact Report (State Clearinghouse No. 2022100425) was certiﬁed by the City Council on June 20, 2023. This application introduces no new significant environmental impacts. 124
Exhibit A— Rich Haven Specific Plan (File No. PSPA22-001)

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Exhibit B— Site Plan

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ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDA23-002, A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ONTARIO AND IV3 LOMA

CREEK LOGISTICS CENTER LLC, TO ESTABLISH THE TERMS AND
CONDITIONS ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO.

PDEV23-013) TO CONSTRUCT ONE (1) INDUSTRIAL BUILDING
TOTALING 534,373 SQUARE FEET ON 23.88 ACRES OF LAND,

LOCATED ON THE WEST SIDE OF MILL CREEK AVENUE,
APPROXIMATELY 300 FEET SOUTH OF CHINO AVENUE, WITHIN
PLANNING AREA 2C (LIGHT INDUSTRIAL DISTRICT) OF THE RICH

HAVEN SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 218-161-18.

WHEREAS IV3 Loma Creek Logistics Center LLC ("Applicant") has filed an application for the approval of a Development Agreement, File No. PDA23-002 as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 23.88 acres of land, located on the west side of Mill Creek Avenue approximately 300 feet south of Chino Avenue within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan; and WHEREAS, the applicant submitted a Development Plan (File No. PDEV23-013) to construct one industrial building totaling 534,373 square feet on 23.88 acres of land located on the west side of Mill Creek Avenue approximately 300 feet south of Chino Avenue within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan; and
WHEREAS, the environmental impacts of this project were previously reviewed in conjunction with File No. PSPA22-001, the Rich Haven Specific Plan Amendment for which an Environmental Impact Report (State Clearinghouse No. 2022100425) (hereinafter referred to as "Certified EIR") was adopted by the City Council on June 20, 2023, and this Application introduces no new significant environmental impacts; and
WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the City Council the responsibility and authority to review and approve/deny the subject Application; and
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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, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "ALUCP"), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and WHEREAS, on November 28, 2023, the Planning Commission of the City of Ontario, California, conducted a hearing to consider the Project, and concluded said hearing on that date, voting to issue Resolution No. PC23-099, recommending the City Council approve the Application; and
WHEREAS, on December 19, 2023, the City Council of the City of Ontario, California, 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 approving authority for the Project, the City Council has reviewed and considered the information contained in the previous Certified EIR and supporting documentation. Based upon the facts and information contained in the previous Certified EIR and supporting documentation, the City Council finds as follows:
(1) The environmental impacts of this project were previously reviewed in conjunction with File No. PSPA22-001, the Rich Haven Specific Plan Amendment for which an Environmental Impact Report (State Clearinghouse No. 2022100425) (hereinafter referred to as "Certified EIR") was adopted by the City Council on June 20, 2023, and this Application introduces no new significant environmental impacts; and (2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and
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(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
(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.
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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. The project site is not one of the properties in the Housing Element Sites contained in Tables B-1 and B-2 (Housing Element Sites Inventory) of the Housing Element Technical Report.

SECTION 4: Airport Land Use Compatibility Plan ("ALUCP") Compliance.

SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the City Council hereby concludes as follows:
(1) The Development Agreement applies to approximately 23.88 acres of land, located on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan; and
(2) The Development Agreement establishes parameters for the development of land within the Rich Haven Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; 130
and establish the terms and conditions that apply to those projects. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the Rich Haven Specific Plan; and
(3) The Development Agreement grants the Applicant a vested right to develop Development Plan (PDEV23-013), as long as the Applicant complies with the terms and conditions of the Rich Haven Specific Plan and EIR.

Development Plan (PDEV23-013) is on the west side of Mill Creek Avenue, approximately 300 feet south of Chino Avenue, within Planning Area 2C (Light Industrial District) of the Rich Haven Specific Plan, and to construct one industrial building totaling 534,373 square feet on the Project site; and (4) The Development Agreement has been prepared in conformance with the goals and policies of The Ontario Plan Policy Plan (General Plan); and (5) The Development Agreement does not conflict with the Land Use Policies of The Ontario Plan Policy Plan (General Plan) and will provide for development, within the district, in a manner consistent with the Policy Plan and with related development; and
(6) This Development Agreement will promote the goals and objectives of the Land Use Element of the Rich Haven Specific Plan for which an Environmental Impact Report (State Clearinghouse No. 2022100425), which was certified by the City Council on June 20, 2023, was prepared; and
(7) This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.

SECTION 6: City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the City Council hereby APPROVES the herein described Development Agreement (File No. PDA23-002), attached hereto as "Attachment A," 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. 131
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.

PASSED, APPROVED, AND ADOPTED this 16th day of January 2024. _____________________________________
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. 3266 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 19, 2023 and adopted at the regular meeting held January 16, 2024 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. 3266 duly passed and adopted by the Ontario City Council at their regular meeting held January 16, 2024 and that Summaries of the Ordinance were published on December 26, 2023 and January 23, 2024, in the Inland Valley Daily Bulletin newspaper. __________________________________

SHEILA MAUTZ, CITY CLERK
(SEAL)
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ATTACHMENT A:

FILE NO. PDA23-002

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
IV3 Loma Creek Logistics Center, LLC
a Delaware limited liability company
(Development Agreement to follow this page)
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

CITY OF ONTARIO

CITY CLERK / RECORDS MANAGEMENT
303 EAST “B” STREET
ONTARIO, CA 91764-4196
Exempt from Fees Per Gov. Code § 6103
______________________________________________________________________ Space above this line for Recorder’s Use Only
FILE NO. PDA23-002

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation,
and
IV3 Loma Creek Logistics Center, LLC
a Delaware limited liability company
_________________, 2023
San Bernardino County, California
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DEVELOPMENT AGREEMENT PDA23-002
This Development Agreement (hereinafter “Agreement”) is entered into effective as of the ____ day of ____________, 2023 by and among the City of Ontario, a California municipal corporation (hereinafter “CITY”), ”), and IV3 Loma Creek Logistics Center LLC, a Delaware limited liability company (hereinafter “OWNER”):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code and Section

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

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

WHEREAS, Owner’s Property is within the boundaries defined in Exhibit A of the Construction Agreement between the CITY and NMC Builders and the Property covered by this Agreement is what is known as a “Phase 2 Water Property” as such, shall be required to provide funding for CITY’s future construction of the “Phase 2 Water Improvements” which will result in the availability of additional Net MDD Water Availability required for the development as shown on Exhibit “I-1”.

WHEREAS, the property developer/owner is made aware of the South Archibald Trichloroethylene (TCE) Plume “Disclosure Letter” (Exhibit “J”). Property owner may wish to provide the attached Letter as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq. This may include notifications in the Covenants, Conditions and Restrictions (CC&Rs) or other documents related to property transfer and disclosures. Additional information on the plume is available from the Santa Ana Regional Water Quality Control Board
at http://geotracker.waterboards.ca.gov/profile_report.asp?global_id=T10000004658.

COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS AND EXHIBITS.

1.1 Definitions. The following terms when used in this Agreement shall be defined as follows:

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Ontario, California, a California municipal corporation.
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1.1.3 “Construction Agreement” means that certain Agreement for the Financing and Construction of Phases I and II Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony, entered into between the CITY and NMC Builders as of the 4th day of October, 2005, and all future amendments thereto and including the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve an Easterly Portion of the New Model Colony entered into between the CITY and NMC Builders as of the 21st day of August, 2012 and the Amendment to the First Amended and Restated Agreement for the Financing and Construction of Limited Infrastructure Improvements to Serve and Easterly Portion of the New Model Colony entered into between the CITY and NMC Builders as of the 19 th day of September 2017.

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

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

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

1.1.7 “Development Impact Fee” means a monetary exaction, other than a tax or special assessment, whether characterized as a fee or a tax and whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, and, for purposes of this Agreement only, includes fees collected under development agreements adopted pursuant to Article 2.5 of the Government Code (commencing with Section 65864) of Chapter 4. For purposes of this Agreement only, "Development Impact Fee" shall not include processing fees and charges imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring 138
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compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superseded, including by amendment or replacement.

1.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.

1.1.9 “Effective Date” means the date that the ordinance approving this Agreement goes into effect.

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

1.1.11 “Existing Land Use Regulations” means all Land Use Regulations in effect on the date of the first reading of the Ordinance adopting and approving this Agreement.

Existing Land Use Regulations includes the Regulations incorporated herein as Exhibit “D” and all other Land Use Regulations that are in effect and a matter of public record on such date.

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

1.1.13 “Improvement” or “Improvements” means those public improvements required to support the development of the Project as described in the Parcel Map conditions for Parcel Map No. 16568 as further described in Exhibit “F” (“Depiction of required Infrastructure Improvement”).

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

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

1.1.16 “Net MDD” means net maximum daily water demand.

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

1.1.18 “OWNER” means the persons and entities listed as owner on page 1 of this Agreement and their permitted successors in interest to all or any part of the Property.

1.1.19 “Phase 2 Water EDUs” means the number of equivalent dwelling units or non-residential square footage assigned to OWNER upon payment to City of the Phase 2 Water Participation Fee for the Project and evidenced by the issuance by CITY of a Certificate of Phase 2 Net MDD Availability in the form attached as Exhibit G.

1.1.20 “Phase 2 Water Improvements” means the future water infrastructure Improvements required for the issuance by CITY of the “Water Availability Equivalents” (WAE) for the Project.

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

1.1.22 “Project” means the development of the Property contemplated by the Development Plan, as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement.

1.1.23 “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.
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1.1.24 “Reservations of Authority” means the rights and authority excepted from the assurances and rights provided to OWNER under this Agreement and reserved to CITY under Section 3.6 of this Agreement.

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

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

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

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

1.1.29 “Water Availability Equivalent (WAE)” means a designated portion of the total Net MDD made available through the construction of each Phase described in the Water Phasing Plan of the Construction Agreement. The number of Water Availability Equivalents (of portions thereof) required for the approval of a Tract or Subdivision Map _______ shall be based upon water demand factors and assumptions listed in the Construction Agreement and shown in Exhibit “I-2”.

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

Exhibit “A” — Legal Description of the Property.

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

Exhibit “C” — Existing Development Approvals.

Exhibit “D” — Existing Land Use Regulations.

Exhibit “E” — Description of Required Infrastructure Improvements Exhibit “F” — Depiction of required Infrastructure Improvement Exhibit “G” – Form of Certificate of Net MDD to be issued by CITY Exhibit “H” – Form of Certificate of DIF Credit to be issued by CITY Exhibit “I-1” – Ontario Ranch Water Supply Phasing Plan 141
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Exhibit “I-2” – Water Demand Equivalents by Land Use
Exhibit “J” - Form of Disclosure letter

2. GENERAL PROVISIONS.

2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement.

2.1 Ownership of Property. OWNER represents and covenants that it is the owner of the fee simple title to the Property or a portion thereof, or has the right to acquire fee simple title to the Property or a portion thereof from the current owner(s) thereof. To the extent OWNER does not own fee simple title to the Property, OWNER shall obtain written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof.

2.2 Term. The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. The term of this Agreement may be extended for an additional five (5) years following expiration of the initial ten (10) year term, provided the following have occurred:
(a) OWNER provides at least 180 days written notice to CITY prior to expiration of the initial term; and
(b) OWNER is not then in uncured default of this Agreement.

2.3 Assignment.

2.3.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, limited liability company, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement with respect to the portion of the Property sold and be made in strict compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. OWNER may be required to provide disclosure that the Property is within the South Archibald Trichloroethylene (TCE) Plume (Exhibit “J”). OWNER may wish to provide the attached Disclosure Letter (Exhibit I) as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY’s City Manager, in writing, of such 142
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sale, transfer or assignment and shall provide CITY with: (1) an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the portion of the Property so sold, transferred or assigned. (c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

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

2.3.2 Release of Transferring Owner. Notwithstanding any sale, transfer or assignment, a transferring OWNER shall continue to be obligated under this Agreement unless such transferring owner is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by such transferring owner of the following conditions:
(a) OWNER no longer has a legal or equitable interest in all or any part of the portion of the Property sold, transferred or assigned.
(b) OWNER is not then in default under this Agreement.
(c) OWNER has provided CITY with the notice and executed an agreement as required under Paragraph (b) of Subsection 2.4.1 above. . (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by OWNER (if any) to secure performance of its obligations hereunder which are to be performed upon portion of the Property sold, transferred or assigned .

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

2.3.4 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section 2.4.

2.3.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The provisions of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any parcel which has been finally subdivided and is individually (and not in “bulk”) sold or leased to a member of the public or other ultimate user of the parcel. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any lot and such lot shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions:
(a) The lot has been finally subdivided and individually (and not in “bulk”) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and,
(b) A certificate of occupancy has been issued for a building on the parcel, and the fees set forth under Section 4 of this Agreement have been paid.

2.4.6 Partial Assignment and Assumption. CITY and OWNER agree OWNER may partially assign its obligations and rights under this Agreement, and all amendments hereto, to a purchaser, transferee or assignee of a lot, which has been subdivided subject to provisions of a partial assignment and assumption agreement in a form approved by CITY. Any such complete and executed partial assignment and assumption of this Agreement shall be submitted to CITY for approval pursuant to Section 2.4.1 of this Agreement. CITY shall review, and if the above conditions, including but not limited to, those conditions in Section 2.4.2, are satisfied, CITY may approve the partial assignment and release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.6 shall cause, or otherwise affect, a release of OWNER from the duties and obligations under this Agreement that are retained by OWNER and excluded from the transfer or assignment.

2.4 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Section 65868.1. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Either Party or successor in interest, may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided otherwise in this Agreement or in Government Code Section 65865.1. For 144
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purposes of this section, the term “successor in interest” shall mean any person having a legal or equitable interest in the whole of the Property, or any portion thereof as to which such person wishes to amend or cancel this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance. Notwithstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to the OWNER of its intention to initiate such proceedings at least sixty (60) days in advance of the giving the public notice of intention to consider the amendment or cancellation.

2.5.1 Minor Modification. Upon the written application of OWNER, minor modifications and changes to the Development Plan including modifications to building design or footprint (not affecting minimum setbacks), parking layout and design, and landscape area design may be approved by the Director of the Planning Department without the need to amend this Development Agreement. Other changes in the Development Plan shall be processed pursuant to the City Zoning Ordinance. It is also contemplated by CITY and OWNER that OWNER may, from time to time, seek amendments to one or more of the Development Approvals. Any such amendments are contemplated by CITY and OWNER as being within the scope of this Agreement as long as they are consistent with the Land Use Regulations and shall, upon approval by CITY, continue to constitute the Development Approvals as referenced herein. The parties agree that any such modifications or amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement.

2.5 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees 145
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paid pursuant to Section 4.2 of this Agreement by OWNER to CITY on which construction has not yet begun shall be refunded to OWNER by CITY within ten (10) business days.

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

If to CITY:

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

Adam Schmid
IV3 Loma Creek Logistics Center LLC
c/o Brookfield Properties
2101 Rosecrans Ave, Suite 6250
El Segundo, CA 90245
with a copy to:

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

Gautam Huded
IV3 Loma Creek Logistics Center LLC
c/o Brookfield Properties
1180 Peachtree Street NE, Suite 1575
Atlanta, Georgia, 30309
(c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change.

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority in Section 3.4, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan. 146
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3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority in Section 3.4, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

3.3 Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v.

City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.

3.3.1 Infrastructure Improvement Exhibit. Attached hereto as Exhibit “F” are a description of the Infrastructure Improvements needed for the development of the Property (“the Infrastructure Improvement Exhibits”).

3.4 Reservations of Authority.

3.4.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals; (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure; (c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the 147
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Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan and the building codes in effect as of the Effective Date;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the occupants of the Project and/or of the immediate community from a condition perilous to their health or safety; (e) Regulations that do not conflict with those rules, regulations and policies set forth in this Agreement or the Development Plan and which do not impose additional obligations, costs, and expenses on Owner or the Project; (f) Regulations that may conflict but to which the OWNER consents.

3.4.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan and/or the Existing Development Approvals, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan and/or the Existing Development Approvals.

3.4.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. In the event OWNER alleges that such State or Federal laws or regulations preclude or prevent compliance with one or more provisions of this Agreement, and the CITY does not agree, the OWNER may, at its sole cost and expense, seek declaratory relief (or other similar non-monetary remedies); provided however, that nothing contained in this Section 3.6.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).

3.4.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power which cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority which cannot be restricted by contract.
(INSERT SPECIFIC INFRASTRUCUTRE IMPROVEMENTS)

3.5 Public Works; Utilities. If OWNER is required by this Agreement or a condition of project approval to construct any public works facilities which will be dedicated to CITY or 148
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any other public agency upon completion, and if required by applicable laws to do so, OWNER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. As a condition of development approval, OWNER shall connect the Project to all utilities necessary to provide adequate water, recycled water, sewer, gas, electric, and other utility service to the Project. As a further condition of development approval, OWNER shall to the extent possible contract with the CITY for CITY-owned or operated utilities for this purpose, for such price and on such terms as may be available to similarly situated customers in the CITY.

3.5.1 OWNER agrees that development of the Project shall require the construction of storm drain improvements from the Property as described in Exhibit E and depicted in Exhibit F. OWNER and CITY agree that CITY may issue grading, building permits and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY and OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit and Phase 2 shall be constructed and completed within nine (9) months of OWNER receiving a final occupancy permit for any building on the Property. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion of the storm drain improvements within Phase 1, and City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite storm drain requirements related to issuing a final certificate of occupancy.

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

OWNER and CITY agree that CITY may issue grading, building permits and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY. OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit and Phase 2 shall be constructed and completed within nine (9) months of the OWNER receiving a final occupancy permit for any building on the property. For purposes of the foregoing, street improvements shall be deemed Substantially Complete even if the final lift of pavement has not been completed (i.e., Owner may install the final lift after completion of all other construction). CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion and subject to final acceptance by CITY of the street improvements within Phase 1 and City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite street requirements related to issuing a final certificate of occupancy. OWNER agrees that the street improvements shall be completed and subject to final acceptance by the CITY prior to the release of any security for the construction of the street improvements.

3.5.3 OWNER agrees that development of the Property shall require the extension of water and recycled water improvements as described in Exhibit E and depicted Exhibit F. OWNER and CITY agree that CITY may issue grading, building and 149
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other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY .and OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit and Phase 2 shall be constructed and completed within nine (9) months of the OWNER receiving a final occupancy permit for any building on the property. If Owner is unable to complete Phase 1, Owner will be required to submit a revision to the CITY on how two (2) points of connection will be provided to serve water to the site. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to completion of Phase 1 water and recycled water. Provided there is sufficient water for fire protection and water quality purposes, City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite water and recycled water requirements related to issuing a final certificate of occupancy.

3.5.4 OWNER agrees that development of the Property shall require the construction of sewer Improvements as described in Exhibit E and depicted in Exhibit F.

3.5.5 OWNER agrees that development of the Property shall require the construction of fiber optic communication improvements, as described in the attached Exhibit E and depicted in Exhibit F. OWNER and CITY agree that CITY may issue grading, building and other required permits for OWNER to initiate construction of structures for the Property according to plans approved by CITY and OWNER agrees that Phase 1 shall be completed within two (2) years of the issuance of the first building permit.

The fiber optic improvements within Phase 2 shall be constructed and completed within nine (9) months of OWNER receiving a final occupancy permit for any building on the property. CITY agrees that OWNER may request that CITY issue temporary certificates of occupancy on a building-by-building basis prior to the completion of the fiber optic communication improvements within Phase 1, as described in Exhibit E and depicted in Exhibit F, and City shall in its sole discretion issue such requests for temporary certificates of occupancy upon request by Owner. CITY agrees that completion of Phase 1 improvements satisfies the offsite requirements related to issuing a final certificate of occupancy.

3.6 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation and the Construction Agreement to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), the CITY and OWNER shall cooperate in acquiring 150
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the necessary legal interest (“Offsite Property”) in accordance with the procedures set forth in Section 2.4 of the Construction Agreement. This section 3.6 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

3.6.1 CITY Acquisition of Non-Construction Agreement Offsite Property. In the event OWNER is required to construct any public improvements on land not owned by OWNER, but such requirement is not based upon the Construction Agreement, Sections

3.6.1 and 3.6.2 shall control the acquisition of the necessary property interest(s) (“Non- Construction Agreement Offsite Property”). If the OWNER is unable to acquire such Non- Construction Agreement Offsite Property and following the written request from the OWNER to CITY, CITY agrees to use reasonable and diligent good faith efforts to acquire the Non-Construction Agreement Offsite Property from the owner or owners of record by negotiation to the extent permitted by law and consistent with this Agreement. If CITY is unable to acquire the Non-Construction Agreement Offsite Property by negotiation within thirty (30) days after OWNER’S written request, CITY shall, initiate proceedings utilizing its power of eminent domain to acquire that Non-Construction Agreement Subject Property at a public hearing noticed and conducted in accordance with California Code of Civil Procedure Section 1245.235 for the purpose of considering the adoption of a resolution of necessity concerning the Non-Construction Agreement Offsite Property, subject to the conditions set forth in this Section 3.6.1 The CITY and OWNER acknowledge that the timelines set forth in this Section 3.6.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Non-Construction Agreement Offsite Property. CITY agrees to use reasonable good faith efforts to complete the actions described within lesser time periods, to the extent that it is reasonably able to do so, consistent with the legal constraints imposed upon CITY.

3.6.2 Owner’s Option to Terminate Proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease all acquisition proceedings with respect to that Non-Construction Agreement Offsite Property, whereupon CITY shall cease such proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on CITY’S intent to consider the adoption of a resolution of necessity as to any Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease condemnation proceedings, whereupon CITY shall cease such proceedings. If OWNER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the Non-Construction Agreement Offsite Property resolution of necessity. If CITY adopts such resolution of necessity, then CITY shall diligently institute condemnation proceedings and file a complaint in condemnation and seek an order of immediate possession with respect to the Non-Construction Agreement Offsite Property. 151
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3.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.

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

4. PUBLIC BENEFITS.

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

4.2 Development Impact Fees.

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

4.2.2 Time of Payment. The Development Impact Fees required pursuant to Subsection 4.2.1 shall be paid to CITY prior to the issuance of building permit for each applicable building (subject to the application/use of available fee deferrals or credits), 152
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except for the Open Space and Habitat Acquisition Development Impact fee, which shall be paid by OWNER to CITY prior to the issuance of a grading permit

4.3 Responsibility for Construction of Public Improvements.

4.3.1 Timely Construction of Public Infrastructure. The phasing of the area wide infrastructure construction within the Ontario Ranch area shall be as approved by the CITY. OWNER shall be responsible for the timely construction and completion of all public infrastructure required for the Project as shown on the attached Exhibit “F” and any and all parcel map conditions. Unless otherwise specified in the Parcel Map conditions, and subject to the provisions of Section 3.5 and 3.6, all other required Improvements for each Parcel Map, shall be completed and operational prior to, and as a condition precedent to, OWNER requesting and CITY’s granting of a final occupancy permit for any buildings to be constructed on the Property. All Infrastructure and Improvements shall be completed as required by the Subdivision Agreement/Parcel Map conditions for Parcel Map No. 16568.

4.3.2 Availability and Use of Recycled Water. OWNER agrees that recycled water shall be available and utilized by OWNER for all construction-related water uses including prior to, and during, any grading of the Property.

4.3.3. Construction of DIF Program Infrastructure. To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program CITY agrees that CITY shall issue DIF Credit and DIF Reimbursement in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER. Limitations on the use of DIF Credit issued to OWNER to offset OWNER’s DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. OWNER may also be eligible to receive reimbursement from DIF collected by CITY and paid by other development that benefits from OWNER’s construction of DIF Program Infrastructure.

Any such DIF Reimbursement shall be subject to a Fee Credit Agreement between CITY and OWNER. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY’s adopted policies applicable to such agreements.

4.4 Public Services Funding Fee.

4.4.1 Requirement for Payment of Public Services Funding Fee.In order to ensure that the adequate provision of public services, including without limitation, police, fire and other public safety services, are available to each Project in a timely manner, OWNER shall pay to CITY a “Public Services Funding Fee.” The Public Services Funding Fee shall apply to residential and non-residential uses as set forth below.

4.4.2 Public Services Funding Fee Amount. OWNER shall pay a Public Services Funding fee in a single installment payment in the amount of Seventy-Five Cents ($.75) per square foot of each non-residential building. The single installment for non- residential uses shall be due and payable on a building-by-building basis prior to the issuance of the building permit for a non-residential building. The amount of the Single 153
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Installment for non-residential uses shall automatically increase by percentage increase (but no decrease) in the Consumer Price Index (Riverside-San Bernardino-Ontario, CA), (December 2017=100) over the preceding year on January 1st of each year, beginning on January 1, 2024. OWNER may exercise the option to pay any single installment amounts for the remainder of the non-residential square footage within the Project on or before December 31st, before the Single Installment amount is automatically increased.

4.5 Net MDD/Water Availability Equivalents.

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

4.5.2 Assigned Net MDD/Water Availability Equivalents. OWNER acknowledges that the City has agreed with NMC Builders to reserve exclusively for Members of NMC Builders, including OWNER, Net MDD made available through the construction of water system improvements funded by NMC Builders and/or OWNER. OWNER acknowledges that the provisions of the Construction Agreement Amendment require that the City shall not issue building permits or certificates of occupancy for the area of development within the New Model Colony served by the water system improvements funded by NMC Builders, except to the bearer of a Certificate of Net MDD Water Availability.

4.5.3 Requirement for NMC Builders LLC Membership as a Phase 2 Water Member. OWNER and CITY agree that OWNER’s’ payment to CITY required by Section

4.5.3 below represents OWNER’s contribution to the funding required for the future construction of the Phase 2 Water Improvements and the availability of additional Net MDD Water Availability required for the development of the Property described in Exhibit A of this Agreement.

4.5.4 CITY issuance of Water Availability Equivalents. Within 30 days after the effectiveness of this Development Agreement OWNER shall pay or have paid to City the applicable Phase 2 Water Participation Fee. The Phase 2 Water Participation Fee shall be the calculated based on the amount of the Regional Water DIF for the applicable land use category and the square footage of the applicable buildings. The calculated amount of the Phase 2 Water Participation Fee shall be paid to City within 30 days after the effective date of this Agreement or, at OWNER’s option, the Phase 2 Water Participation Fee may be paid to City in two (2) installments. The first installment shall be fifty percent (50%) of the total Phase 2 Water Participation Fee and such first installment shall be due and payable to City within 30 days after the effective date of this Development Agreement.

The second installment shall be the remaining amount of the Phase 2 Water Participation Fee and such second installment shall be due and payable to City within one (1) year after the payment of the first installment, or prior to, and as a condition precedent to, the recording of any final Parcel Map for the Project, whichever occurs first. Upon OWNER’s 154
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complete payment to CITY of the Phase 2 Water Participation Fee CITY shall issue a Certificate of Water Availability Equivalents in the form attached hereto as Exhibit G.

Such Water Availability Equivalents Certificate shall be issued by CITY within thirty (30) days of the receipt of such required payment. CITY and OWNER agree that the amount of Water Availability Equivalents issued to OWNER shall be based on the maximum projected need for Water Availability Equivalents required for the Property based upon water demand factors and assumptions listed in Exhibit C-2R of the Phase 2 Water Amendment to the Construction Agreement “Water Demand Equivalents by Land Use” for each land use category. Additionally, within five (5) business days of CITY’s receipt of OWNER’s payment as required under this Section 4.5.2, CITY shall issue a certificate of DIF Credit against OWNER’s DIF obligations in the Regional Water DIF Category.

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

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

4.7 Compliance with Public Benefits Requirements.

4.7.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.6, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 8 hereof, thereby entitling the City to any and all remedies available to it, including, without limitation, the right of the City to withhold OWNER’s Project-related building permits, certificates of occupancy, or discretionary approvals, without liability. Nothing herein shall waive Owner’s right to assert a default (or failure to perform) by the City has excused Owner’s performance under this Agreement.

5. FINANCING OF PUBLIC IMPROVEMENTS.

Financing Mechanism(s). In accordance with the Memorandum of Agreement between the CITY and NMC Builders, CITY will cooperate with OWNER in the formation of a CFD, or CFDs, to include all of the Project, to provide a financing mechanism to reimburse the OWNER for funds paid to NMC Builders LLC for OWNER’s share of the costs of public infrastructure pursuant to the Construction Agreement and to acquire other public facilities constructed by OWNER subject to the provisions of the Memorandum of Agreement between CITY and NMC Builders LLC. Notwithstanding 155
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such reimbursements and acquisitions, OWNER shall remain entitled to DIF Credits as provided for in Article 3 of the Construction Agreement and/or as provided for in a separate Fee Credit Agreement between CITY and OWNER. OWNER agrees that, prior to the recordation of any Map for the Property or request for the first building permit, the Property shall be included in a CFD to finance City services through annual special taxes that will initially be $1,443.71 per Single Family Detached Dwelling Unit, $1,251.15 per Multiple-Family Dwelling Unit, $1,048.96 per Gated Apartment Community Dwelling Unit, and $.27 per square foot for Non-Residential buildings.

These amounts shall be subject to an automatic increase at a rate not to exceed four (4%) percent per year, unless otherwise modified by the CITY. CITY shall be the sole and exclusive lead agency in the formation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment district, or financing mechanism may be used, subject to restrictions that may be imposed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without limitation those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.1 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Written evidence by such school district(s) may be required by the CITY as the condition to the formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, without limitation, the adoption of any resolution of intention to form such CFD, assessment district or other public financing mechanism within the Property. It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit the City’s ability to take any and all necessary steps requisite to the formation of the CFD to finance City services through annual special taxes as set forth in this Section 5.1.

Formation of any CFD, assessment district or other public financing mechanism within the Property, shall be subject to CITY’s ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY’s public financing district policies as such policies may be amended from time to time. Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring CITY or the City Council to form any such district or to issue and sell bonds.

6. REVIEW FOR COMPLIANCE.

6.1 Periodic and Special Reviews.

6.1.1 Time for and Initiation of Periodic Review. The CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by the OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form acceptable to the City Manager, along with any applicable processing charge within ten (10) days after each anniversary date of the Effective Date of this Agreement. Within fifteen (15) days after the receipt of the Annual Monitoring Report, CITY shall review the Annual Monitoring 156
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Report. Prior to the expiration of the fifteen (15) day review period, CITY shall either issue a notice of continuing compliance or a notice of non-compliance and a notice of CITY’s intent to conduct a Special Review pursuant to Sections 6.1.2 through 6.1.6. Issuance of a notice of continuing compliance may be issued by the City Manager or his designee.

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

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

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

The burden of proof on this issue is upon the OWNER.

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

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

6.2 Proceedings Upon Modification or Termination. If, upon a finding under Section

6.1.6(b), the CITY determines to proceed with modification or termination of this Agreement, the CITY shall give notice to the property OWNER of its intention so to do.

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

6.3 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, the OWNER shall be given an opportunity to be heard.

The OWNER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on the OWNER.

If the City Council finds, based upon substantial evidence in the administrative record, that the OWNER has not complied in good faith with the terms and conditions of the agreement, the City Council may terminate this Agreement or modify this Agreement and impose those conditions to the action it takes as it considers necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure.

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

7. [OMITTED]

8. DEFAULT AND REMEDIES.

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

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

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

8.4 Termination or Modification of Agreement for Default of OWNER. Subject to the provisions contained in Subsection 6.3 herein, CITY may terminate or modify this Agreement for any failure of OWNER to perform any material duty or obligation of OWNER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as “default”); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to OWNER of default setting forth the nature of the default and the actions, if any, required by OWNER to cure such default and, where the default can be cured, OWNER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default 159
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within such 60 day period and to diligently proceed to complete such actions and cure such default.

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

9. THIRD PARTY LITIGATION.

9.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its Comprehensive General Plan, as such General Plan exists as of the Effective Date (“General Plan”), and that the General Plan meets all requirements of law. OWNER has reviewed the General Plan and concurs with CITY’s determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of OWNER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law.

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

9.3 Indemnity. In addition to the provisions of 9.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of OWNER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (OWNER’s employees included) or any other element of damage of any kind or nature, to the extent relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure and conveyance of the public improvements, save and except claims for damages arising through the sole active negligence or sole willful misconduct of CITY. OWNER shall defend, at its expense, including attorneys’ fees, CITY, its officers, agents, employees and independent 160
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contractors in any legal action based upon such alleged acts or omissions. CITY may in its discretion participate in the defense of any such legal action.

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

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

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

10. MORTGAGEE PROTECTION.

10.1 Mortgagee Protection. The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification 161
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from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement (e) In the event of a default by Owner, any Mortgagee shall have the right to remedy, or cause to be remedied, such default within sixty (60) days following the later to occur of (i) the date of Mortgagee's receipt of the notice referred to in Section 10.1(b) above, or (ii) the expiration of the period provided herein for Owner to remedy or cure such default, and City shall accept such performance by or at the insistence of the Mortgagee as if the same had been timely made by Owner; provided, however, that (i) if such default is not capable of being cured within the timeframes set forth in this Section and Mortgagee commences to cure the default within such timeframes, then Mortgagee shall have such additional time as is required to cure the default so long as Mortgagee diligently prosecutes the cure to completion and (ii) if possession of the Property (or portion thereof) is required to effectuate such cure or remedy, the Mortgagee shall be deemed to have timely cured or remedied if it commences the proceedings necessary to obtain possession thereof within sixty (60) days after receipt of the copy of the notice, diligently pursues such proceedings to completion, and, after obtaining possession, diligently completes such cure or remedy.

11. MISCELLANEOUS PROVISIONS.

11.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the ten (10) days after the CITY executes this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good 162
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faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.

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

11.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the Public Benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever.

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

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

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

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

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

11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right 163
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to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

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

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

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

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

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

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

11.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and 164
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OWNER is that of a government entity regulating the development of private property and the owner of such property.

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

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

11.19 Agent for Service of Process. In the event OWNER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, OWNER shall file with the Planning Director, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon OWNER. If for any reason service of such process upon such agent is not feasible, then in such event OWNER may be personally served with such process out of this County and such service shall constitute valid service upon OWNER. OWNER is amenable to the process so served, submits to the jurisdiction of the Court so obtained and waives any and all objections and protests thereto.

11.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates requested by Owner under this Section 11.20 prior to CITY’s issuance of such certificates.
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11.21 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind OWNER to the performance of its obligations hereunder.

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

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

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

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

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

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

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

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

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

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

INITIALS. BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
_______________
(Owner's Initials)
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
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SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT PDA23-002
“OWNER”
____________________
a ____________________ company

By: ________________________
Name:

Its: ______________________
Date: ___________________
“CITY”

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
Date: ___________________
ATTEST:

City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST KRIEGER, LLP
City Attorney
168

ACKNOWLEDGEMENT

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

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

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 169
A-1

ACKNOWLEDGEMENT

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

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

WITNESS my hand and official seal.

TO DEVELOPMENT AGREEMENT
Legal Description of Property

REAL PROPERTY IN THE CITY OF ONTARIO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL B AS SHOWN ON LOT LINE ADJUSTMENT NO. LLA 22-004 EVIDENCED BY DOCUMENT RECORDED NOVEMBER 17, 2022 AS INSTRUMENT NO. 2022-0376852 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEING A PORTION OF PARCEL 2 OF PARCEL MAP NO. 16568, AS PER MAP FILED IN PAGES 24 AND 25 IN PARCEL MAP BOOK NO. 204, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN BERNARDINO COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 2, THENCE ALONG THE SOUTHERLY LINE OF SAID PARCEL 2, SOUTH 89°37’37” WEST, A DISTANCE OF 1084.15 FEET TO A POINT 355.00 FEET EAST, MEASURED ALONG SAID SOUTHERLY LINE, FROM THE NORTHWEST CORNER OF LOT 6 OF TRACT MAP NO. 20134, AS PER MAP FILED IN BOOK 357, PAGES 23 THROUGH 33, INCLUSIVE, OF TRACT MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

THENCE NORTH 00°11'36" WEST, A DISTANCE OF 20.60 FEET, TO THE BEGINNING OF A TANGENT 1385.00 FOOT RADIUS CURVE, CONCAVE WESTERLY;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°13’59", A LENGTH OF 78.15 FEET; THENCE NORTH 03°25'35" WEST, A DISTANCE OF 99.85 FEET TO THE BEGINNING OF A TANGENT 615.00 FOOT RADIUS CURVE, CONCAVE EASTERLY;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°14’00”, A LENGTH OF 34.71 FEET; THENCE NORTH 00°11’35" WEST A DISTANCE OF 761.32 FEET TO THE NORTHERLY LINE OF SAID PARCEL 2; THENCE ALONG SAID NORTHERLY LINE, NORTH 89°58'40" EAST A DISTANCE OF 715.61 FEET TO THE POINT OF INTERSECTION OF THE SOUTHERLY LINE OF THE NORTH 330 FEET OF THE SOUTHWEST QUARTER OF SECTION 12;
THENCE ALONG SAID SOUTHERLY LINE, SOUTH 89°54'10" EAST A DISTANCE OF 379.75 FEET TO THE EASTERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID EASTERLY LINE, SOUTH 00°03'17" EAST A DISTANCE OF 986.95 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL 2 AND THE POINT OF BEGINNING.

APN: Portion of 0218-161-14-0-000
171
B-1
EXHIBIT "B"

TO DEVELOPMENT AGREEMENT
Map showing Property and its location
172
D-1
EXHIBIT "C"

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

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

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

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

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

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

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

PSPA16-005) to the Rich-Haven Specific Plan.
173
D-1
EXHIBIT "D"

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

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

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

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

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

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

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

7. City of Ontario Municipal Code
a. Six – Sanitation & Health
b. Seven – Public Works
c. Eight – Building Regulations
d. Nine – Development Code
e. Ten – Parks & Recreation
174
175
E-1
EXHIBIT "E"

TO DEVELOPMENT AGREEMENT
Description of Required Infrastructure Improvements
OWNER shall design, construct, and complete the following Street, Sewer, Storm Drain, Potable Water, Recycled Water, and Fiber Optic improvements, prior to OWNER’s request for any final certificate of occupancy permit for any building within the Property.

PHASE 1
Street (ST) Improvements
a) ST improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.
b) Signalized intersection improvements at Mill Creek Avenue and Ontario Ranch Road.

Storm Drain (SD) Improvements
a) SD improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.

Potable Water (PW) Improvements
a) PW improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.

Recycled Water (RW) Improvements
a) RW improvements on Mill Creek Avenue, from Chino Avenue to Ontario Ranch Road.

Fiber Optic (FO) Improvements
a) FO improvements on Mill Creek Avenue, from Chino Avenue to the project’s southerly property line.
176
E-1
PHASE 2
Street (ST) Improvements
c) ST improvements on Chino Avenue, from Haven Avenue to Mill Creek Avenue.
d) Signalized intersection improvements at Chino Avenue and Haven Avenue.

Storm Drain (SD) Improvements
b) SD improvements on Chino Avenue , from Haven Avenue to Mill Creek Avenue.

Recycled Water (RW) Improvements
b) RW improvements on Chino Avenue, from Haven Avenue to Mill Creek Avenue.

Sewer (SW) Improvements
a) SW improvements on Chino Avenue from Twinkle Avenue to Haven Avenue.
b) SW improvements on Chino Avenue from the point of connection required for the northerly development to Mill Creek Avenue.

Fiber Optic (FO) Improvements
a) FO improvements on Chino Avenue at Twinkle Avenue
177
G-1
EXHIBIT “F”

TO DEVELOPMENT AGREEMENT
Required Infrastructure Improvements

(SEE ATTACHED EXHIBITS)
178
G-1
179
G-1
180
G-1
EXHIBIT "G"

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF NET MDD AVAILABILITY
Pursuant to Section ___ of this Agreement between the City of Ontario, a California municipal corporation, and ________________, a __________________ company, hereinafter called "OWNER", the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called "Agreement", the City of Ontario hereby certifies based on CITY receipt of payment of OWNER’s share of the funding for the Phase 2 Water Improvements, that OWNER is entitled to the following Net MDD Water Availability.

Amount of Net MDD _________________________ gpm
________________________________________
Scott Ochoa, City Manager
Dated:_________________________________
181
J
EXHIBIT “H”

TO DEVELOPMENT AGREEMENT

FORM OF CERTIFICATE OF REGIONAL DIF CREDIT
Pursuant to Section 4.5.2 of this Agreement by and between the City of Ontario and ____________________, dated _______________, 201_, the terms and definitions of which are hereby incorporated herein by this reference and hereinafter called the “Development Agreement’, the City of Ontario hereby certifies that OWNER is entitled to the following amount and nature of DIF Credits in the Regional Water DIF Infrastructure Category:

Amount of Credit: $
Scott Ochoa, City Manager
Dated:
182
J
EXHIBIT“I-1”

TO DEVELOPMENT AGREEMENT

ONTARIO RANCH

WATER SUPPLY PHASING PLAN
Phase Water
Availability
Equivalency
Estimated
Net MDD Available1
Phase 2 A
Supply & Storage

1. 1 - Additional Ground Water Well and Collection lines - Design and Construction
8,250 gpm2 7,750 gpm2
Pipelines (Transmission & Distribution)2

2. 925 Zone Transmission lines – Design and Construction

3. Temporary Pressure Reducing Station 3 – Design and
Construction
Phase 2B
Supply & Storage

4. 1 – Additional Ground Water Well and Collection lines – Design and Construction

5. 1 – 6 million gallon Reservoir – 925 Zone – Design and Construction
10,500 gpm2 9,860 gpm2
(1) Upon Completion of the construction of all of the improvements described for each Phase a Certificate of Net MDD Availability shall be issued to Developer for the corresponding amount of Net MDD. Net MDD means the maximum daily demand on the potable water supply, net of the water requirements for public schools and parks. The Water Availability Equivalency includes the estimated requirements for public schools and parks. The amount of Net MDD specified is the cumulative amount for which building permits may be issued upon funding of the corresponding and all preceding Phases of improvements.
(2) The ability of a particular development to utilize Net MDD assigned to it by the Developer will require the completion of design and construction of Master-planned potable and recycled water transmission and distribution pipelines for the respective pressure zone. Other factors may include its location, the particular land use and Water Availability Equivalents assigned to it as specified in Exhibit C-2.
(3) Pressure reducing stations are a component of the pipeline transmission and distribution system.
183
J
EXHIBIT “I-2”
317129390.1
Available Water Supply - See Exhibit C-1R for Net MDD Available Table A - Water Demand Equivalents By Land Use
Water
Demand
Equivalents
(WDE)2
Recycled
Water
Demand
Factor1
(ADD)
Recycled
Water
Demand Of
Total Water
Demand
(gpd/du) (gpd/ac) (gpm/unit) (gpd/ac) (%)
Detached Dwellings (less than 5 units per acre) 544 0.57 900 28% Detached or Attached Dwellings (between 5 and 11 units per acre) 464 0.48 1,000 21% Attached Dwellings (between 11 and 25 units per acre) 323 0.34 1,500 18% High Density Dwellings (25+ units per acre) 152 0.16 1,500 27% Commercial Lodging 150 0.16 1,700 50%
Retail/Serv ices Uses 2,200 2.29 2,300 51%
Office Uses 3,400 3.54 2,300 40%
Business Park Uses 2,200 2.29 2,200 50%
Industrial Uses 2,000 2.08 2,200 52%
Institutional Use 2,200 2.29 1,600 42%
Parks 1,000 1.04 1,400 58%
Schools 3,500 3.65 1,600 31%
Table B - Example Water Supply Calculation
Land Use Residential
Units
WDE Factor
(gpm)
Potable
MDD
(gpm)
Development
Detached Dwellings (less than 5 units per acre) 5,061 0.57 2,868 Detached or Attached Dw ellings (betw een 5 and 11 units per acre) 2,530 0.48 1,223 Attached Dwellings (between 11 and 25 units per acre) 3,410 0.34 1,147 Retail/Serv ices Uses (per acre)2 2.29 239
TOTAL 11,001 5,477
Three (3) Wells Are required to Support this example, assuming each w ell produces 2,000 gpm and connection to the Recycled Water System maximizing Recycled Water Use. 1 Residential Acres are estimated based on the w eighted average derived from the average number of units per land use category. 2 Commercial acreage is calculated from a total square footage of 1,361,000 SF w ith an average Floor to Area Ratio (FAR) of 0.30 for commercial services in The Ontario Plan. 1Recycled Water Demands include irrigation for right-of-w ay (medians and parkw ays), neighborhood edge, pocket parks, and common areas.

Potable WaterThe Ontario Plan Recycled Water
Land Use
1,428
166
194 202
1,950
1,284
Acres1
(gross)
104
369
803
Recycled
Water ADD
(gpm)
Water Demand Factor
(ADD)
256
2 The WDE is based on the Maximum Day Demand (MDD) w ith a peaking factor of 1.5 in the NMC for all land use categories. 184
J
Exhibit “JI”

FORM OF PLUME DISCLOSURE LETTER
185
Department: Planning
Prepared By: Thomas Grahn
Staff Member Presenting:

Scott Murphy, Executive Director Community
Development
Reviewed By: Kimberly Ruddins, Henry
Noh, Rudy Zeledon
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 8
SUBJECT:

A DEVELOPMENT CODE AMENDMENT (FILE NO. PDCA23-003) REVISING AND

CLARIFYING CERTAIN PROVISIONS OF THE CITY OF ONTARIO DEVELOPMENT CODE AND A ZONE CHANGE (FILE NO. PZC23-002) TO MODIFY THE ZONING MAP

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council consider and adopt the following:

A
.

5.0 (Zoning and Land Use), 6.0 (Development and Subdivision Regulations), and 8.0 (Sign Regulations) of the City of Ontario Development Code; and B
.

An Ordinance approving File No. PZC23-002, a Zone Change to modify the Zoning Map to remove the EA (Euclid Avenue) Overlay south of Philadelphia Avenue.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the Growth and Evolution of the City's Economy Operate in a Businesslike Manner
Pursue City's Goals and Objectives by Working with Other Governmental Agencies Focus Resources in Ontario's Commercial and Residential Neighborhoods FISCAL IMPACT:

There is not a direct fiscal impact associated with this action.

BACKGROUND & ANALYSIS:

On December 19, 2023, the City Council introduced and waived further reading of Ordinances Approving the Development Code Amendment and the Zone Change. Staﬀ has initiated several modiﬁcations to the City's Development Code and Oﬃcial Zoning Map to correct and clarify existing provisions and establish consistency with The Ontario Plan (TOP) 2050 as follows:

186
DEVELOPMENT CODE AMENDMENT:

The proposed Development Code Amendment is comprised
of certain clariﬁcations and revisions to the City of Ontario Development Code, generally described as follows:

Revise Specific Plan and Amendment requirements

Revise Division 2.02 (Application Filing and Processing), Table 2.02-1 (Review Matrix); A.

Legislative Actions, Item No. 6 (Speciﬁc Plans and Amendments) and B. Discretionary Permits and Actions, Item No. 12. (Speciﬁc Plan Minor Adjustments/Alterations) to add Note No. 12 to
read "
Unless otherwise speciﬁed in a respective Speciﬁc Plan, a Speciﬁc Plan Amendment or Speciﬁc Plan Minor Adjustment/Minor Alterations application shall be ﬁled, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions) ".

Revise Division 4.01 (Legislative Actions), Section 4.01.035 (Speciﬁc Plans and Amendments) to add clarifying language; and
Revise Division 4.02 (Discretionary Permits and Actions), Section 4.02.080 (Speciﬁc Plan Minor Amendments/Alterations) to add clarifying language.

Revise Wireless Telecommunications Facility requirements for Tier 3 facilities

Revise Division 2.02 (Application Filing and Processing), Table 2.02-1 (Review Matrix), B.

Discretionary Permits and Actions to change the approval process for Tier 3 wireless telecommunications facilities. This will revise the approving authority to the Development Advisory Board and the Planning Commission as Appeal Authority; delete Note 1 requiring a public hearing and adding Note 2 allowing the approving authority to refer any application to the appeal authority;
Revise Table 2.03-1 (Notiﬁcation Matrix), B. Discretionary Permits and Actions to delete Note No. 1 for public hearing notification and first-class mail requirement; and Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.420 (Wireless Telecommunications Facilities) to delete public hearing notiﬁcation requirements for Tier 3 facilities.

Division 2.02 (Application Filing and Processing)
- Revise Table 2.02-1 (Review Matrix) to shift
"Interpretations and Land Use Determinations (Ref: ODC Section 1.02.010)" from B. Discretionary Permits and Actions to C. Ministerial (Administrative) Permits and Decisions.

Division 3.01 (Nonconforming Lots, Land Uses, and Structures) - Revise Section 3.01.020 to amend
requirements for the conversion of a nonconforming residential structure within Industrial Zoning Districts so that the use of the structure is subject to Planning Director review and approval, and any project conditions or covenants recorded on the property shall prohibit the structure from being converted back to a residential land use.

Division 4.03 (Ministerial (Administrative) Permits and Decisions) - Revise Section 4.03.050
(Administrative Exceptions) to delete reference to "or parking requirements" in the listing of exclusions from the Administrative Exceptions.

187
Division 5.02. (General Land Provisions), Section 5.02.010 (Allowed Land Uses, Activities and Facilities)

Revise Table 5.02-1 (Land Use Matrix) to add Senior Citizen Housing Developments as a Conditionally Permitted land use in the CN zoning district; Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.360 (Senior Citizen Housing Developments) revising Base Density standards to include the MU-6 zoning district at a base density of 25 dwelling units per acre, and revise Density Bonus standards to include the MU-6 zoning district density bonus of 20%.

Revise Hookah Establishments and Facility requirements

Revise Division 5.02 (General Land Use Provisions), Table 5.02-1 (Land Use Matrix) to include the notation that the "Use shall be prohibited on the ground/ﬁrst ﬂoor of buildings located along the Euclid Avenue Protection Corridor"; and
Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.245 (Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers) to include smoking cigars and establishing cigar bars within Hookah Establishments (Development Code Section

5.03.245.C.2) and excluding cigars and cigar bars from Smoking/Vaping Lounges.

Division 5.01 (Zoning Districts and Boundaries)
- Revise Figure 5.01-1: MU-1 (Downtown Mixed-Use)
Zoning District Land Use Areas Map and Figure 5.01-2: MU-1 (Downtown Mixed Use) Zoning District Land Use Map.

Division 5.02 (General Land Provisions)
- Revise Table 5.02-1 (Land Use Matrix) to add Solar and Wind Electric Power Generation as a permitted land use in the IH (Heavy Industrial) zoning district.

Revise Section 5.03.160 (Electric Power Generation, Solar and Wind) to identify that stand alone facilities are allowed in the CIV (Civic), IH (Heavy Industrial), and UC (Utility Corridor) zoning districts, not the OS-U zoning district as identified.

Division 5.03 (Supplemental Land Use Regulations)

Section 5.03.010 (Accessory Dwelling Units) to delete Section 5.03.010.D.2.a & b requiring an ADU Permit, and Section 5.03.010.D.3.a relating to Process and Timing; Section 5.03.390 (Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics) establishing a 0.25-mile proximity requirement for body art service businesses located within the MU-1 (Downtown Mixed Use) zoning district; Section 5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) to update requirements for Retail Sales Events and Other Similar Business Events and for Charitable and Fund-Raising Events; and
Section 5.03.403 (Single-Family Two-Unit Projects) to delete a prior editing reference and update the standard.

Division 6.01 (District Standards and Guidelines)
- Revise Section 6.01.010 (Residential Zoning
Districts) revising residential drive approach standards for lots developed with single-family dwellings and referencing the landscaping hardscape standards. 188

Division 6.05 (Landscaping)
- Amend the listed sections to include "Heritage Tree Preservation Mitigation Fee" and "Heritage Tree Preservation Trust Fund".

Division 8.01 (Sign Regulations)
- Revise Table 8.01-1 (Sign Regulation Matrix), A. All Zoning Districts,

1. Temporary Signs adding line-item f. Large Public Notiﬁcation Signs for large public notiﬁcation sign regulations.

The proposed provisions of the Development Code Amendment are shown in Attachment A (Development Code Amendment) of the appended ordinance.

ZONE CHANGE:

The proposed Zone Change will modify the Zoning Map to remove the EA (Euclid Avenue) zoning overlay from Philadelphia Avenue to Riverside Drive. The EA zoning overlay was established to recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource, recognize and protect Euclid Avenue's position on the National Register of Historic Places, and recognize Euclid Avenue as a major contributor to Ontario's historic downtown area. Because the area south of Riverside Avenue is over one mile from Ontario's downtown, does not contain the same architectural character as the downtown area, and does not protect Euclid Avenue as a major scenic and historic resource for the City, the existing EA zoning overlay between Philadelphia Avenue and Riverside Drive should be removed from the EA zoning overlay boundary.

ENVIRONMENTAL REVIEW:

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

PLANNING COMMISSION REVIEW:

On November 28, 2023, the Planning Commission conducted a public hearing and voted 6-0 to recommend City Council consider and approve File Nos. PDCA23- 003 and PZC23-002, pursuant to the facts and reasons contained in the staﬀ report and attached ordinances.
189
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PDCA23-003, A DEVELOPMENT

CODE AMENDMENT REVISING AND CLARIFYING CERTAIN
PROVISIONS OF CHAPTERS 2.0 (ADMINISTRATION AND
PROCEDURES), 3.0 (NONCONFORMING LOTS, LAND USES,
STRUCTURES, AND SIGNS), 4.0 (PERMITS, ACTIONS, AND
DECISIONS), 5.0 (ZONING AND LAND USE), 6.0 (DEVELOPMENT AND SUBDIVISION REGULATIONS), AND 8.0 (SIGN REGULATIONS) OF THE

CITY OF ONTARIO DEVELOPMENT CODE, AND MAKING FINDINGS IN SUPPORT THEREOF.

WHEREAS, THE CITY OF ONTARIO ("Applicant") has initiated an Application for the approval of a Development Code Amendment, File No. PDCA23-003, as described title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the City of Ontario Development Code (Ontario Municipal Code Title 9) provides the legislative framework for the implementation of The Ontario Plan, which establishes long term principals, goals, and policies for guiding the growth and development of the City in a manner that achieves Ontario's vision, and promotes and protects the public health, safety, comfort, convenience, prosperity, and welfare of its citizens; and
WHEREAS, the Development Code Amendment is of citywide impact, affecting approximately 50 square miles (31,789 acres) of land, which is generally bordered by Benson Avenue and Euclid Avenue on the west; Interstate 10 Freeway, Eighth Street, and Fourth Street on the north; Etiwanda Avenue and Hamner Avenue on the east; and Merrill Avenue and the San Bernardino County/Riverside County boundary on the south; and
WHEREAS, certain clarifications and revisions to the City of Ontario Development Code are proposed, generally described as follows:
(1) Revise Specific Plan and Amendment requirements to include the following:
(a) Revise Division 2.02 (Application Filing and Processing), Table 2.02- 1 (Review Matrix); A. Legislative Actions, Item No. 6 (Specific Plans and Amendments) and B. Discretionary Permits and Actions, Item No. 12. (Specific Plan Minor Adjustments/Alterations) to add Note No. 12.
(b) Add Note No. 12 to include " Unless otherwise specified in a respective Specific Plan, a Specific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions)." 190
(c) Revise Division 4.01 (Legislative Actions), Section 4.01.035 (Specific Plans and Amendments) to add text clarifying "Unless otherwise specified in a respective Specific Plan". (Development Code Section 4.01.035.C).
(d) Revise Division 4.02 (Discretionary Permits and Actions), Section

4.02.080 (Specific Plan Minor Amendments/Alterations) to add text clarifying "Unless otherwise specified in a respective Specific Plan". (Development Code Section

4.02.080.C).
(2) Revise Wireless Telecommunications Facility requirements for Tier 3 facilities to include the following:
(a) Revise Division 2.02 (Application Filing and Processing), Table 2.02- 1 (Review Matrix), B. Discretionary Permits and Actions to change the approval process for Tier 3 wireless telecommunications facilities. This will revise the approving authority to the Development Advisory Board and the Planning Commission as Appeal Authority; delete Note 1 requiring a public hearing and adding Note 2 allowing the approving authority to refer any application to the appeal authority. (b) Revise Table 2.03-1 (Notification Matrix), B. Discretionary Permits and Actions to delete Note No. 1 for public hearing notification and first-class mail requirement.
(c) Revise Division 5.03 (Supplemental Land Use Regulations), Section

5.03.420 (Wireless Telecommunications Facilities) to delete public hearing notification requirements for Tier 3 facilities. (Development Code Section 5.03.420.A.3.). (3) Revise Division 2.02 (Application Filing and Processing), Table 2.02-1 (Review Matrix) to shift "Interpretations and Land Use Determinations (Ref: ODC Section

1.02.010)" from B. Discretionary Permits and Actions to C. Ministerial (Administrative) Permits and Decisions.
(4) Revise Division 3.01 (Nonconforming Lots, Land Uses, and Structures), Section 3.01.020 to amend requirements for the conversion of a nonconforming residential structure within Industrial Zoning Districts so that the use of the structure is subject to Planning Director review and approval, and any project conditions or covenants recorded on the property shall prohibit the structure from being converted back to a residential land use. (Development Code Section 3.01.020.G). (5) Revise Division 4.03 (Ministerial (Administrative) Permits and Decisions), Section 4.03.050 (Administrative Exceptions) to delete reference to "or parking requirements" in the listing of exclusions from the Administrative Exceptions (Development Code Section 4.03.050B.b.).
(6) Revise Division 5.02. (General Land Provisions), Section 5.02.010 (Allowed Land Uses, Activities and Facilities), Table 5.02-1 (Land Use Matrix) to add Senior Citizen Housing Developments as a Conditionally Permitted land use in the CN zoning district.

Revise Division 5.03 (Supplemental Land Use Regulations), Section 5.03.360 (Senior 191
Citizen Housing Developments) revising Base Density standards to include the MU-6 zoning district at a base density of 25 dwelling units per acre (Development Code Section

5.03.360.D), and revise Density Bonus standards to include the MU-6 zoning district density bonus of 20%. (Development Code Section 5.03.360.E). (7) Revise Hookah Establishments and Facility requirements to include:
(a) Revise Division 5.02 (General Land Use Provisions), Table 5.02-1 (Land Use Matrix) to include the notation that the "Use shall be prohibited on the ground/first floor of buildings located along the Euclid Avenue Protection Corridor. (b) Revise Division 5.03 (Supplemental Land Use Regulations), Section

5.03.245 (Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers) to include smoking cigars and establishing cigar bars withing Hookah Establishments (Development Code Section 5.03.245.C.2) and excluding cigars and cigar bars from Smoking/Vaping Lounges (Development Code Section 5.03.245.C.4). (8) Revise Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map and Figure 5.01-2: MU-1 (Downtown Mixed Use) Zoning District Land Use Map to be consistent with TOP 2050, PGPA23-001 and PZC23-003. (9) Revise Division 5.02 (General Land Provisions), Table 5.02-1 (Land Use Matrix) to add Solar and Wind Electric Power Generation as a permitted land use in the IH (Heavy Industrial) zoning district. Revise Section 5.03.160 (Electric Power Generation, Solar and Wind) to identify that stand alone facilities are allowed in the CIV (Civic), IH (Heavy Industrial), and UC (Utility Corridor) zoning districts, not the OS-U zoning district as identified. (Development Code Section 5.03.160).
(10) Revise Division 5.03 (Supplemental Land Use Regulations) to include:
(a) Section 5.03.010 (Accessory Dwelling Units) to delete Section

5.03.010.D.2.a & b requiring an ADU Permit, and Section 5.03.010.D.3.a relating to Process and Timing. (Development Code Section 5.03.010.D). (b) Section 5.03.390 (Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics) establishing a 0.25-mile proximity requirement for body art service businesses located within the MU-1 (Downtown Mixed Use) zoning district. (Development Code Section 5.03.390.D).
(c) Section 5.03.395 (Temporary and Interim Land Uses, Buildings, and Structures) to update requirements for Retail Sales Events and Other Similar Business Events and for Charitable and Fund Raising Events. (Development Code Section

5.03.395.G.1.b and G.6.a).
(d) Section 5.03.403 (Single-Family Two-Unit Projects) to delete a prior editing reference and update the standard. (Development Code Section 5.03.403.E.6.e). 192
(11) Revise Division 6.01 (District Standards and Guidelines), Section 6.01.010 (Residential Zoning Districts) revising residential drive approach standards for lots developed with single-family dwellings. (Development Code Section 6.01.010.F.7.a.2.a) and referencing the landscaping hardscape standards (Development Code 6.01.010.F.6). (12) Revise Division 6.05 (Landscaping) to amend the listed sections to include "Heritage Tree Preservation Mitigation Fee" and "Heritage Tree Preservation Trust Fund". (Development Code Division 6.05).
(13) Revise Division 8.01 (Sign Regulations), Table 8.01-1 (Sign Regulation Matrix), A. All Zoning Districts, 1. Temporary Signs adding line item f. Large Public Notification Signs for large public notification sign regulations.

WHEREAS, pursuant to the provisions of Government Code Title 1, Division 1, Chapter 3 (commencing with Government Code Section 65100) Ontario Development Code Table 2.02-1 (Review Matrix) assigns the City Council the responsibility and authority to review act on the Development Code Amendment following review and recommendation on the matter by the Planning Commission; and WHEREAS, City of Ontario Development Code Division 2.03 (Public Hearings) prescribes the manner in which public notification shall be provided and hearing procedures to be followed, and all such notifications and procedures have been completed; and
WHEREAS, on November 28, 2023, the Planning Commission of the City of Ontario conducted a hearing to consider the Development Code Amendment and concluded said hearing on that date, voting to issue Resolution No. PC23-100, recommending the City Council approve the Development Code Amendment; and WHEREAS, on December 19, 2023, the City Council of the City of Ontario conducted a public hearing on the Development Code Amendment and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Environmental Determination and Findings. As the decision- making body for the Development Code Amendment, the City Council has reviewed and considered the information contained in the administrative record for the Development Code Amendment. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and 193
(2) The Development Code Amendment is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the" common sense exemption" (also known as the "general rule exemption") that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
(3) The determination that the Development Code Amendment is not subject to CEQA reflects the independent judgment of the City Council.

SECTION 3. 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 Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace 194
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 Development Code Amendment, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

SECTION 4. Concluding Facts and Reasons. Based upon the substantial evidence presented to the City Council during the above-referenced hearing, and upon the specific findings set forth in Sections 1 through 3, above, the City Council hereby concludes as follows:
(1) The proposed Development Code Amendment is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Goals components of The Ontario Plan ("TOP"). The Development Code Amendment will: (a) serve to promote a community that is consistently seeking—and thoughtfully applying—new ways of doing things better, as encouraged by TOP's Vision; (b) provides for a variety of land uses and building types in our land use planning efforts that result in a complete community where residents at all stages of life, have a wide spectrum of choices of where they can live and recreate, as promoted by Land Use Element Policy LU-1.6, Complete Community; and (c) promotes the City Council Goals through the establishment of Development Code provisions that encourages investment in the growth and evolution of the City's economy and focuses City resources in commercial and residential neighborhoods.
(2) The proposed Development Code Amendment would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The Development Code Amendment incorporates safeguards intended to ensure that the purposes of the Development Code are preserved; the project will not be contrary to or damage the public health, safety, convenience, or general welfare; the project will not result in any significant environmental impacts; and the project will be in full conformity with the Vision, City Council Priorities, and Policy Plan components of The Ontario Plan.

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

SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings have been based are located at the City of Ontario City Hall, 303 East "B" Street, Ontario, California 91764. The custodian for these records is the City Clerk of the City of Ontario. 195
SECTION 7. 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 8. Effective Date. This Ordinance shall become effective 30 days following its adoption.

SECTION 9. Publication and Posting. The Mayor shall sign this Ordinance and the City Clerk shall certify as to the adoption and shall cause a summary thereof to be published at least once, in a newspaper of general circulation in the City of Ontario, California within 15 days following adoption. The City Clerk shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code Section 36933.

PASSED, APPROVED, AND ADOPTED this 16th day of January 2024. _____________________________________
PAUL S. LEON, MAYOR
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
196

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. 3267 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 19, 2023 and adopted at the regular meeting held January 16, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SHELIA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the following is the original of Ordinance No. 3267 duly passed and adopted by the Ontario City Council at their regular meeting held on January 16, 2024, and that Summaries of the Ordinance were published on December 26, 2023, and January 23, 2024, in the Inland Valley Daily Bulletin newspaper.

SHELIA MAUTZ, CITY CLERK
(SEAL)
197
ATTACHMENT A:

File No. PDCA23-003
2023 Development Code Amendment No. 2
(Document to follow this page)
198
Chapter 2.0:

Administration and Procedures
Di
vision 2.01—Planning Agency
Division 2.02—Application Filing and Processing
Division 2.03—Public Hearings
Division 2.04—Appeals
Division 2.05—City Initiated Modification or R evocation Division 2.06—Performance Guarantees
File No. PDCA23-003
2023 Development Code Amendment No. 2
199
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-3 (Rev. 01.16.202405.02.2023) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC zoning
districts, greater than 500 SF in area
X A A
c. Industrial developments equal to or less
than 0.45 FAR
X A A
d. Industrial developments exceeding 0.45
FAR
R X A
e. Wireless telecommunications facilities
pursuant to Section 5.03.415 (Wireless
Telecommunications Facilities) of this Development
Code
(1) Tier 2 facilities X A A
(2) Tier 3 facilities [12] RX XA A
f. All others X A A

5. Extensions of Legal Nonconforming Status [1]
(Ref: ODC Section 4.02.030)
X A A

6. Historic Preservation
a. Certificates of Appropriateness (Ref:

ODC Section 4.02.050)
(1) Designated Historic Landmarks and
Contributors, and Architectural Conservation Areas;
and Demolition of an Historic Resource [1]
R X A
(2) Deferral of Replacement Structure
[1]
R X A
(3) Eligible Historic Resources [1] X A A
(4) Modification or revocation per ODC
Division 2.05 (City Initiated Modification or Revocation) [1]
R X A
(5) Waivers for Minor Improvements X A[6] A[6]
b. Certificates of Economic Hardship [1]
(Ref: ODC Section 4.02.055) [1]
R X A
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05 (City
Initiated Modification or Revocation) [1]
R X A
d. Conservation Plans (Ref: ODC Section

4.02.060)
X A A
200
Division 2.02— Application Filing and Processing
(Rev. 01.16.202405.02.2023) Page 2.02-4 Ontario Development Code Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority
e. Historic Resource Tiering (Ref: ODC
Section 4.02.040), including Rescinding or Amending
Status (Ref: ODC Section 4.02.045)
X A A
f. Local Historic Landmark and Local
District Designations, and Architectural Conservation
Areas (Ref: ODC Section 4.02.040), including
Rescinding or Amending Status (Ref: ODC Section

4.02.045)
R R X
g. Mills Act Contracts (Ref: ODC Section

4.02.065)
R R X
h. Mills Act Cancellations [1] (Ref: ODC
Section 4.02.065)
R R X
i. Addition/Removal of Resources to/from
the Ontario Register (Ref: ODC Section 4.02.045)
(1) At the request of the property
owner, or upon City initiation if the most recently
prepared Historic Resource Survey evaluating the
resource is more than 5 years old.

X A A
(2) Loss of all historic and/or cultural
significance due to a catastrophe causing a loss of
integrity, or due to extensive legally performed
alterations performed after the property was initially
surveyed.

X A A

7. Interpretations and Land Use Determinations
(Ref: ODC Section 1.02.010)
X A A

8.7. Master Plans and Amendments [1] (Ref: ODC
Section 4.02.070)
R X

9.8. Minor Adjustments/Alterations (Ref: ODC
Section 4.02.020.C)
X A A

10.9. Nonconforming Structure Reconstruction [1]
(Ref: ODC Section 3.01.020)
X A

11.10. Parking Reduction (Ref: ODC Section

6.03.025)
X A

12.11. Sign Programs (Ref: ODC Section

4.02.075)
X A A

13.12. Specific Plan Minor
Adjustments/Alterations [12] (Ref: ODC Section

4.02.080)
X A A

14.13. Stays of Permit Approval Time Limit (Ref:

ODC Section 2.02.025.A.8)
X[5] X[5] X[5] X[5] X[5] X[5]
201
Division 2.02—Application Filing and Processing
Ontario Development Code Page 2.02-5 (Rev. 01.16.202405.02.2023) Table 2.02-1: Review Matrix
Applications, Actions, Decisions
and Processes
Reviewing Authorities [4]
Planning Director
City Engineer
Building Official
Zoning Administrator [2]
Development Advisory
Board
Historic Preservation
Subcommittee [2] [11]
Historic Preservation
Commission [11]
Planning Commission [11]
City Council [11]
Ontario International
Airport Authority

15.14. Subdivisions
a. Lot Merger (Merger of Contiguous
Parcels) [1] (Ref: ODC Section 4.02.085)
R X A
b. Reversions to Acreage [1] (Ref: ODC
Section 4.02.090)
R X A
c. Tentative Tract and Parcel Maps, and
Vesting Maps [1] (Ref: ODC Section 4.02.095)
R X A
d. Tentative Tract and Parcel Map Time
Extensions (Ref: ODC Section 2.02.025.A.3 & 4)
R X A

16.15. Time Extensions, excepting tentative
subdivision maps (Ref: ODC Section 2.02.025)
X A A

17.16. Variances (Ref: ODC Section 4.02.020.D)
a. Homeowner [1] X A A
b. Other [1] R X A
C. MINISTERIAL (ADMINISTRATIVE) PERMITS AND

DECISIONS

1. Administrative Exceptions (Ref: ODC Section

4.03.050)
X A A

2. Administrative Use Permits (Ref: ODC Section

4.03.015)
X

3. Business License - Zoning/Land Use
Compliance (Ref: OMC 3-1.129 (Zoning Compliance)
X A A

4. Development Plans within the ONT zoning
district (Ref: ODC Section 4.02.025)
X A A

5. Fair Housing and Reasonable
Accommodation Ref: ODC Section 4.02.035)
X A A

6. Interpretations and Land Use Determinations
(Ref: ODC Section 1.02.010)
X A A

6.7. Landscape and Irrigation Plans (Ref. ODC
Section 6.05.005)
X A A

7.8. Off-Site (Public) Improvement Plans (Ref: ODC
Section 6.08.040)
X A A

8.9. ONT ALUCP Interagency Review [7] (Ref: ONT
ALUCP)
X A[8]

9.10. Other Plan Checks and actions required by
this Development Code
X A A
202
Division 2.02— Application Filing and Processing
(Rev. 01.16.202405.02.2023) Page 2.02-8 Ontario Development Code  Single-Family Two-Unit Developments;
 Street address number issuance;
 Subdivision Improvement Agreement approval;
 Subdivision map corrections and amendments approval;
 Temporary Use Permit issuance;
 Tier 1 wireless telecommunications facility approval;  Urban Lot Splits; and
 Wall and/or fence plan approval.
[11] Applications that do not require a public Hearing pursuant to Note 1, above, may be reviewed and acted upon under the “Consent Calendar” portion of the Approving Authority meeting agenda. [12] Unl ess otherwise specified in a respective Specific Plan, a S pecific Plan Amendment or Specific Plan Minor Adjustment/Minor Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing ), and Division 4.01 (Legislative Actions) or Division 4.02 (Discretionary Permits and Actions).

2.02.010: Applications and Fees
A. A
pplication filing.

1. A
n application for a permit, permit modification, amendment, or any other matters pertaining to this Development Code shall be filed with the City, on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to process the application.

2. A
n application may be initiated by the City, owner(s) or lessee(s) of property, or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this Development Code, or their agent(s).

3. A
project requiring the filing of more than one land use or entitlement permit application shall, to the extent possible, be filed with all related applications for concurrent review and action by the highest required Reviewing Authority, except that an Administrative Exception application filed in conjunction with a Development Plan shall require separate review and action by the appropriate Reviewing Authority.

B. F
iling Fees.

1. T
he City Council may establish by resolution, a schedule of fees for permits, amendments, inspections, licenses, services, and other matters pertaining to this Development Code. The schedule of fees may be changed or modified only by resolution of the City Council.

2. A
pplication review and action shall not commence until such time that all applicable filing fees and/or deposits have been paid in full. An application received without all applicable filing fees and/or deposits shall be deemed incomplete for filing and further processing and shall be deemed just cause for denial of the application. In the case of time and materials projects, the payment of additional deposits may be required to fully cover all City processing costs.

C. R
efunds and Withdrawals.

1. T
he refund of filing fees in response to the denial of an application shall be prohibited, recognizing that filing fees are utilized to cover City costs related to public hearings, mailings, postings, transcripts, and staff time involved in processing applications. 203
Division 2.03—Public Hearings
Ontario Development Code Page 2.03-3 (Rev. 01.16.202405.02.2023) Table 2.03-1: Notification Matrix
Applications, Actions, Decisions
And Processes
Required Method of Public Notification
Not Required
Newspaper or Posting [2]
First Class Mail or Delivery [2]
Newspaper—1/8 page
advertisement if the number
of property owners to whom
notices would be mailed or
delivered is greater than
1,000
b. Commercial developments, and
developments in the CIV, OS-R, OS-C and UC
zoning districts, greater than 500 SF in area
X
c. Industrial developments equal to or
less than 0.45 FAR
X
d. Industrial developments exceeding

0.45 FAR
X
e. Wireless telecommunications
facilities pursuant to Section 5.03.42015 (Wireless
Telecommunications Facilities) of this
Development Code
(1) Tier 2 facilities X
(2) Tier 3 facilities [1] X X
f. All others X

5. Extensions of Legal Nonconforming
Status [1] (Ref: ODC Section 4.02.030)
X X

6. Historic Preservation
a. Certificates of Appropriateness
(Ref: ODC Section 4.02.050)
(1) Designated Historic Landmarks
and Contributors, and Architectural Conservation
Areas; and Demolition of an Historic Resource [1]
X X
(2) Deferral of Replacement
Structure [1]
X X
(3) Eligible Historic Resources [1] X X
(4) Modification or revocation per
ODC Division 2.05 (City Initiated Modification or
Revocation) [1]
X X
(5) Waivers and Minor
Improvements
X
b. Certificates of Economic Hardship
[1] ( Ref: ODC Section 4.02.055)
X X
c. Certificates of Economic Hardship—
Modification or revocation per ODC Division 2.05
(City Initiated Modification or Revocation) [1]
X X
d. Conservation Plans (Ref: ODC
Section 4.02.060)
X
204
Chapter 3.0:

Nonconforming Lots, Land Uses, Structures, and Signs
Division 3.01—Nonconforming Lots, Land Uses, and Structures Division 3.02—Nonconforming Signs
205
Division 3.01—Nonconforming Lots, Land Uses and Structures Ontario Development Code Page 3.01-7 (Rev. 01.16.202412.01.2020)

1. A nonconforming residential structure located within an industrial zoning district shall not be moved, altered or enlarged so as to increase the discrepancy between existing conditions and the most current standard as prescribed by the zoning district in which the structure is located, unless:
a. The use of the residential structure is subject to Planning Director review and approval; and
a.b. Any conditions of approval and covenants recorded on the property shall prohibit the conversion of the structure back to a residential land use.

G.H. Alteration and/or Expansion of a Nonconforming Single-Family Residential Structures. In addition to the requirements of Subsections A through G of this Section, a nonconforming single- family residential lot and/or structure that was lawfully established and maintained prior to the adoption of the ordinance codified in this Development Code, but which under the provisions of this Development Code does not conform with the regulations of the zoning district in which it is located with respect to use, design, and/or development standards, and which is continuously used and maintained for single-family residential purposes, shall be subject to the following:

1. Alterations and Expansions to Single-Family Structures in Nonresidential Zones. a. Necessary repairs and desirable alterations, as deemed appropriate by the Planning Director, may be made to a legal nonconforming single-family residential structure that is nonconforming as to use.
b. A single-family dwelling that is nonconforming as to use may be enlarged by an additional 25 percent of the original enclosed floor area, provided the addition meets all other provisions of this Development Code.
c. A single-family dwelling that is nonconforming as to its location within a zoning district that does not permit single-family dwellings, and in which the residential use was lawfully established and continuously maintained, shall be subject to the development regulations of the LDR-5 (Low Density Residential – 5 Dwelling Units/Acre) zoning district. d. The addition or enlargement of a garage for the purpose of providing off- street parking facilities in compliance with Division 6.03 (Off-Street Parking & Loading) of this Development Code shall be permitted and shall not be counted toward the additional floor area permitted by Subparagraph H.1.b, above.

2. Continuation of a Nonconforming Setback. A single-family dwelling having a nonconforming side yard setback, which is added to, extended or enlarged, may continue the nonconforming setback, provided the addition, extension or enlargement maintains a side yard setback equal to or greater than the existing side yard setback, and is no greater than 14 FT in height.

3. On-site Parking. A single-family residential dwelling that is nonconforming as to site development or design, which is expanded or enlarged to include more than 3 bedrooms, or wherein a second unit or guesthouse is constructed subject to the requirements of this chapter, off-street parking required pursuant to Division 6.03 (Off-Street Parking & Loading) of this Development Code shall be provided, unless physical constraints exist that would make it impractical to provide the required parking facility(ies), as determined by the Planning Director, given the existing site design and configuration. For the purpose of this provision, a bedroom shall 206
Chapter 4.0:

Permits, Actions, and Decisions
Division 4.01—Legislative Actions
Division 4.02—Discretionary Permits and Actions
Division 4.03—Ministerial (Administrative) Permits and Decisions 207
Division 4.01—Legislative Actions
Ontario Development Code Page 4.01-9 (Rev. 01.16.202412.01.2020)

1. The proposed PUD, or amendment thereto, 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;

2. The proposed PUD, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City;

3. In the case of an application affecting specific property(ies), the proposed PUD, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses; and

4. In the case of an application affecting specific property(ies), 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.

5. The proposed PUD is superior to that which could be obtained through the application of the Development Code or a specific plan.

4.01.035: Specific Plans and Amendments
A. Purpose. The purpose of this Section is to establish procedures for adopting, amending, supplementing, or changing Specific Plans whenever the public necessity, convenience, general welfare, or good planning practice so requires.

B. Authority.

1. Pursuant to GC Section 65450 et seq., the City Council may, by ordinance or resolution, and upon written recommendation of the Planning Commission, adopt, amend, supplement or change a specific plan.

2. A Specific Plan and any amendments thereto, adopted pursuant to this Division, shall be enforceable in the same manner and to the same extent as any other provision of this Development Code.

C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, Aan application for Specific Plan adoption or amendment shall be filed, processed and heard pursuant to Section 2.02.015.A (Legislative Actions) of this Development Code.

D. Findings and Decision. A Specific Plan, or amendment thereto, shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below- listed findings cannot be clearly established.

1. The proposed Specific Plan, or amendment thereto, 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;

2. The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City; 208
Division 4.02—Discretionary Permits and Actions
Ontario Development Code Page 4.02-39 (Rev. 01.16.202406.21.2022) b. Adjustment/alteration of a residential planning area boundary, provided the total acreage of the affected area does not increase or decrease the total acreage stated in the affected specific plan by more than 15 percent;
c. Minor adjustments/alterations to landscape materials, wall materials, wall alignment, entry design, and streetscape design, which are consistent with the conceptual design set forth in the affected specific plan’s development standards and design guidelines; d. Minor adjustments/alterations to design guidelines, which are intended to be conceptual in nature, and are clearly intended to be flexible in implementation; e. Other adjustments/alterations of a similar nature to those listed above, which are deemed minor by the Planning Director to be in keeping with the purpose and intent of the affected specific plan and are in conformance with The Ontario Plan; and f. Adjustments/alterations in street alignments and dimensions that are deemed appropriate by the City Engineer, which are in keeping with the purpose and intent of the specific plan and are consistent with the purpose, principles, goals, and policies, of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan, provided the changes do not impact the sizing of master planned infrastructure,.

C. Application Filing, Processing and Hearing. Unless otherwise specified in a respective Specific Plan, Aa Specific Plan Minor Adjustments/Alterations application shall be filed, processed, and acted upon pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section. A noticed hearing pursuant to Division 2.03 (Public Hearings) of this Development Code shall not be required.

D. Findings and Decision. A Specific Plan Minor Adjustments/Alterations shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and testimony provided during the public hearing, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The proposed Specific Plan Minor Adjustment/Alteration 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, and the specific plan;

2. The proposed Specific Plan Minor Adjustment/Alteration is reasonable and beneficial, and in the interest of good planning practice; and

3. The proposed Specific Plan Minor Adjustment/Alteration will not adversely affect the harmonious relationship with adjacent properties and land uses.

4.02.085: Subdivisions—Lot Merger (Merger of Contiguous Parcels) A. Purpose. The purpose of this Section is to establish a process for the implementation of those provisions of the Subdivision Map Act (commencing with GC Section 66451.10), pertaining to the merger of contiguous lots under common ownership (Lot Merger).

B. Applicability.
209
Division 4.03—Ministerial Permits and Decisions
Ontario Development Code Page 4.03-13 (Rev. 06.21.2022) lot size, lot dimensions, landscape coverage, or parking requirements, or for an increase in maximum density, floor area ratio, or the height of a structure.

C. Application Filing, Processing and Hearing.

1. An Administrative Exception shall be filed and processed pursuant to Division 2.02 (Application Filing and Processing) of this Development Code and the provisions of this Section.

2. A hearing shall not be required; however, the owners of all properties having a property line common with the affected property shall be notified of the proposed Administrative Exception pursuant to Section 2.03.010 (Public Hearing Notification) of this Development Code and shall be invited to comment on the application.

D. Findings and Decision. An Administrative Exception shall be acted upon by the Approving Authority based upon the information provided in the submitted application, evidence presented in the Planning Department’s written report, and any comments received from property owners notified pursuant to Subparagraph C.3.b of this Section, only after considering and clearly establishing all of the below-listed findings, and giving supporting reasons for each finding. The application shall be denied if one or more of the below-listed findings cannot be clearly established.

1. The approval of the Administrative Exception is necessary to the production of a comprehensive development, incorporating an enhanced environment and architectural excellence (e.g., appropriate variety of structure placement and orientation opportunities, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities, etc.) than would normally be possible under the strict application of the applicable development standards;

2. The approval of the Administrative Exception will allow for the inclusion of site, architectural, or landscape features that could not otherwise be incorporated into the design of the project under the strict application of the provisions of the applicable development standards; and

3. The approval of the Administrative Exception will not adversely affect the overall quality of development on the project site and will not adversely affect neighboring properties.

4. The proposed Administrative Exception 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, and the purposes of any applicable Specific Plan or Planned Unit Development, and the purposes of this Development Code.

E. Conditions of Approval.

1. In approving an Administrative Exception, the Approving Authority may require certain safeguards and impose certain conditions established to ensure that the purposes of this Development Code are maintained; ensure that the project will not endanger the public health, safety or general welfare; ensure that the project will not result in any significant environmental impacts; ensure that the project will be in harmony with the area in which it is located; and ensure that the project will be in conformity with The Ontario Plan and any applicable specific and/or area plan(s).
210
Chapter 5.0:

Zoning and Land Use
D
ivision 5.01—Zoning Districts and Boundaries
Division 5.02—G eneral Land Use Provisions
Division 5.03—S upplemental Land Use Regulations
211
Division 5.01—Zoning Districts and Boundaries
Ontario Development Code Page 5.01-5 (Rev. 01.16.202405.02.2023) Figure 5.01-1: MU-1 (Downtown Mixed-Use) Zoning District Land Use Areas Map 212
Division 5.01—Zoning Districts and Boundaries
Ontario Development Code Page 5.01-6 (Rev. 01.16.202405.02.2023) Figure 5.01-2: MU-1 (Downtown Mized Use) Zoning District Land Use Map 213
Division 5.02—General Land Use Provisions
(Rev. 01.16.202405.02.2023) Page 5.02-6 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
Residential Development Projects
Accessory Residential Structures (structures that are incidental to a primary single-family dwelling)
Accessory Dwelling Units P P P P --- --- --- --- --- --- --- P P P P P P P P P --- P --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.010 ( Accessory Dwelling Units) Accessory Residential Structures (includes guesthouses, pool houses, freestanding recreation rooms, garages, carports, garden and tool sheds, and other ancillary buildings and structures determined appropriate by the Planning Director)
P P P P --- --- --- --- --- --- --- P P --- P --- P P P P P P --- --- --- --- --- P --- P --- --- --- --- --- See Subsection B (Accessory Residential Structures) of Section 5.03.011
Multiple-Family Dwellings --- --- P P --- --- --- --- --- --- --- P P --- P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Table 6.01-3 (Multiple-Family Residential Development Standards)
Single-Family Dwellings
• Traditional Single-Family Residential Subdivisions P P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- See Section 5.03.365 (Single-F amily Dwellings); See Table 6.01-1 (Traditional Single-Family
Development Standards)
• Small Lot Traditional Single-Family Residential Subdivisions --- P P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-F amily Dwellings); See Table 6.01-2A (Small Lot Traditional
Residential Development Standards)
• Small Lot Alley-Loaded Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-F amily Dwellings); See Table 6.01-2B (Small Lot Alley-Loaded
Residential Development Standards)
• Cluster Single-Family Residential Subdivisions --- --- P P --- --- --- --- --- --- --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.365 (Single-F amily Dwellings); See Table 6.01-2C (Cluster Single-Family
Residential Development Standards)
Small Lot Infill Subdivisions --- --- P P --- --- --- --- --- --- --- P P --- P --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 6.01.010.F (Small Lot Infill Subdivisions)
Senior Citizen Housing Developments --- --- P P --- C--- C --- --- --- --- P --- --- P P --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.360 (Senior Citizen Housing Developments)
Single Room Occupancy (SRO) Facilities --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.370 (Single Room Occupancy (SRO) Facilities)
Supportive Housing P P P --- --- --- C --- --- --- --- C --- --- C --- --- --- --- --- --- --- --- --- P C --- --- C --- --- --- --- --- --- See Section 5.03.405 (Transitional Shelters and Supportive Housing)

MIXED USES
Nonresidential Mixed-Use Developments (development projects containing a mix of commercial and light industrial uses in the same building or on the same site)
--- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-U se Developments) Residential Mixed-Use Developments (development projects containing a mix of commercial and residential uses in the same building or on the same site)
--- --- --- --- --- C C --- --- --- --- P P P P P P P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.285 (Mixed-Us e Developments) Work/Live Units --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.425 (Work/Live Units) 214
Division 5.02—General Land Use Provisions
(Rev. 01.16.202405.02.2023) Page 5.02-8 Ontario Development Code Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
115 Support Activities for Agriculture
115111
115112
115113
115114
115115
115116
Support Activities for Crop Production (includes cotton ginning; soil preparation, planting and cultivating; crop harvesting; postharvest crop activities; farm labor contractors and crew leaders; and farm management services)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 115210 Support Activities for Animal Production --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- 21 MINING, QUARRYING, AND OIL AND GAS EXTRACTION
211 Oil and Gas Extraction --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 212 Mining (except oil and gas) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 213 Support Activities for Mining --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 22 UTILITIES
221 Utilities
2211 Electric Power Generation, Transmission and Distribution 221111 Hydroelectric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221112 Fossil Fuel Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C --- --- --- C --- --- --- --- 221113 Nuclear Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- 221114,
221115
Solar and Wind Electric Power Generation --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P--- --- P --- --- --- --- --- C See Section 5.03.160 (Electric Power Generation, Solar and Wind)
221116,
221117,
221118
Geothermal, Biomass, and All Other Electric Power Generation (excepting solar and wind electric power generation)
--- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- 221121
221122
Electric Power Transmission, Control and Distribution (includes power transmission and control, and power distribution)

C C C C C C C C C C C C C C C C C C C C C C C C C C C --- C C P C C C C 23 CONSTRUCTION
236,
237,
238
Contractors (limited to businesses whose primary activity is performing specific activities involved in building construction, engineering and capital improvement projects, or the preparation of sites for construction)
• Completely within a Building --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P P P P P --- --- --- P --- --- --- --- • With Outdoor Storage (screened from public view) --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C P P --- --- --- --- --- --- --- --- See Section 6.02.025.A.2 (Screening of Outdoor Loading and Storage Areas, and Loading
Doors)
215
Division 5.02—General Land Use Provisions
Ontario Development Code Page 5.02-29 (Rev. 01.16.202405.02.2023) Table 5.02-1: Land Use Matrix
Residential
Zoning Districts
Commercial
Zoning Districts
Mixed Use
Zoning Districts
Industrial
Zoning Districts
Specialized Use and Overlay
Zoning Districts
2022 NAICS
Code
Land Uses, Activities, and Facilities
Note: In addition to the requirements of this Table, p roperties located within the Airport Influence Area (AIA) established by the LA/Ontario International Airport Land Use Compatibility Plan (ALUCP) shall be subject to the land use requirements and standards of the ALUCP.

AR-2 & RE-2
RE-4 & LDR-5
MDR-11, 18 & 25
HDR-45
CS
CN
CC
CR
CCS
OL
OH
MU-1 Zoning District
MU-3
MU-6
MU-8B
MU-8C
MU-8D
MU-8E
BP
IP
IL
IG
IH
AG
CIV
MHP
ONT
OS-C
OS-R
RC
UC
Additional Regulations
LUA-1
LUA-2N
LUA-2S
LUA-3
LUA-4
713940 Fitness and Recreational Sports Centers (limited to health clubs and gyms, fitness and sports training facilities, tennis clubs, swim clubs and other similar activities and facilities)
• GFA Less than 10,000 SF --- --- --- --- --- P P P P --- P **P --- --- P --- P P P P P P P P --- --- --- --- --- --- P --- --- --- --- ** Use shall be prohibited on the ground/first floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.
• GFA 10,000 or More SF --- --- --- --- --- C C C P --- C **C --- --- C --- C C C C C C C C C C --- --- --- --- C --- --- --- --- 713950 Bowling Centers --- --- --- --- --- --- P P --- --- --- P P P P --- --- P P P P P --- --- --- --- --- --- --- --- --- --- --- --- --- 713990 Adult-Oriented Businesses --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- P --- --- --- --- --- --- --- --- See Section 5.03.015 (Adult-O riented Businesses) 713990 Batting Cages -- Indoor --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- --- --- --- 713990 Batting Cages -- Outdoor --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C C C --- --- --- --- --- --- --- C --- --- 713990 Billiard Parlors and Pool Halls --- --- --- --- --- --- C C --- --- --- C --- --- C --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- See Section 5.03.075 (Billiard Parlors and Pool Halls)
713990 Dancing, Dance Clubs, Dance Halls, Ballrooms, and Discotheques • GFA Less than 5,000 SF --- --- --- --- --- --- C C --- --- --- *A --- --- --- --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- * In the MU-1 zoning district, dancing activities/facilities are administratively
permitted only in conjunction with a bona
fide full-service restaurant or alcoholic
beverage manufacturer’s tasting room.
• GFA 5,000 or More SF --- --- --- --- --- --- C C --- --- --- C --- --- --- --- --- C C C C C --- --- --- --- --- --- --- --- --- --- --- --- --- 713990 Escape, Exit, Mystery, and Puzzle Rooms --- --- --- --- --- --- C C --- --- --- C C C --- --- --- --- --- C --- C C --- C C --- --- --- --- --- --- --- --- --- 713990 Golf Driving Ranges, Miniature and Pitch-N-Put Golf Courses, and Practice Ranges
--- --- --- --- --- --- --- C --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- C --- --- 713990 Hookah Establishments and Facilities --- --- --- --- --- C C --- --- --- --- */** A
*A *A *A --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- --- * In the MU-1 zoning district, hookah facilities are administratively permitted only in
conjunction with a bona fide full-service
restaurant. Standalone establishments and
facilities shall not be allowed.
** Use shall be prohibited on the ground/first
floor of buildings located along the Euclid
Avenue Protection Corridor (refer to Figure

5.01-2: MU-1 (Downtown Mixed Use) Zoning
District Land Use Map) for locations.

See Section 5.03.245 (Hookah Establishments)
713990 Live Entertainment (excludes adult-oriented establishments) 216
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.16.202405.02.2023) Page 5.03-6 Ontario Development Code d. Limited Detached on Multiple -Family Lot. No more than two detached ADUs on a lot that has an existing or proposed multiple-family dwelling if each detached ADU satisfies both of the following limitations:
(
1) The side - and rear -yard setbacks are at least 4 FT . If the existing multiple-family dwelling has a rear or side yard setback of less than 4 FT, the City shall not require any modification to the multiple-family dwelling as a condition of approving the ADU; and (
2) The peak height above grade does not exceed the applicable height limit provided in Subsection E.2, below.

2. ADU Permit.
a. E
xcept as allowed under S ubsection D.1 above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in Subsections E and F, below.
b. The City may charge a fee to reimburse it for cost s incurred in processing ADU permits, including the costs of adopting or amending the City’s ADU ordinance. The fee for processing an ADU is established by resolution of the City Council.

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

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

E. G
eneral ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under Subsections D.1 or D.2, above:
217
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-63 (Rev. 01.16.202405.02.2023) (1) Play structures should be placed indoors, becoming an integral part of the architecture, yet remaining a subordinate element. If located outside, play structures shall be oriented away from the public street and properly screened, and shall be no m ore than 11 FT in height.
(
2) Indoor restaurant playground facilities shall be ancillary to the restaurant use. Scale and massing shall not dominate the main structure and the height of the playground facility shall not exceed the height of the main roof of the main structure.

5.03.155: Durable and Nondurable Goods Agents and Brokers W
ithin the BP and IP zoning districts, business to business electronic markets shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple- tenant buildings) facilities.

5.03.160: Electric Power Generation, Solar and Wind
Solar and wind electric power generation facilities, with ancillary ground mounted battery storage systems, shall only be allowed in conjunction with a permitted or conditionally permitted land use, except that standalone facilities shall be allowed within the OS-UCIV, IH, and UC zoning districts.

5.03.165: Electrical Equipment, Appliance, and Component Manufacturing W
ithin the IP zoning district, electrical equipment, appliance, and component manufacturing shall be limited to small- scale (GFA of less than 45,000 SF for single -tenant buildings and 60,000 SF for multiple-tenant buildings) facilities.

5.03.170: Electronic Shopping and Mail Order Houses
A. W
ithin the IP, IL, IG, and IH industrial zoning districts, direct business to consumer sales via the internet, direct mail, or telephone shall only be allowed ancillary to a permitted or conditionally permitted land use, such as manufacturing, warehousing, wholesaling, and/or distribution activities.

B. S
tandalone (office only) business to consumer sales via the internet, direct mail, or telephone shall be allowed as a primary land use only within the CN, CC, CR, OL, and OH commercial zoning districts; t he MU -1, MU -2, and MU -11 mixed- use zoning districts; and the BP industrial zoning district.

5.03.175: Electronics and Appliance Stores
W
ithin the CN zoning district, only small- scale (GFA of 5,000 SF or less) electronics and appliance stores may be established.
218
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-77 (Rev. 01.16.202405.02.2023) F. Inspections. Authorized representatives of the City’s Planning Department, Police Department, Building Department, Fire Department, and/or Code Enforcement Officers shall have the right to enter the property upon which a home occupation permit has been granted, during normal business hours, for the purpose of making reasonable unscheduled inspections to observe and enforce compliance with applicable regulations, laws and provisions of this Development Code and the Ontario Municipal Code.

5.03.245: Hookah Establishments, Smoking/Vaping Lounges, and Smoking/Vaping Retailers Th
e following standards shall govern the establishment and operation of hookah establishments:

A. Pu
rpose. The purpose of this Section is to help mitigate negative impacts associated with smoking and vaping uses, in order to serve the public health, safety, and welfare of City residence, and City businesses and their patrons. Furthermore, this Section is specifically intended to reduce the impact of smoking and vaping uses on minors, as an abundance of such uses increases the potential for minors to associate smoking and vaping with a normative lifestyle.

B. A
pplicability. All smoking and vaping businesses throughout the City shall comply with the regulations and requirements of this Section.

C. D
efinitions. For the purposes of this Section, the words or phrases liste d below, in correct alphabetical order, shall have the meanings hereafter specified:

1. Electronic Cigarette (E-Cigarette). An electronic device, which is typically battery- operated, designed to deliver a nicotine -based liquid, or other substance, that is vaporized and then inhaled (called "vaping"), simulating the experience of smoking tobacco. Such devices are manufactured to resemble traditional tobacco cigarettes, cigars, pipes, or even everyday items, such as pens or USB memory sticks. The term includes any such device manufactured, distributed, marketed, or sold as an electronic cigarette or e -cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an electronic hookah, or any other product name or descriptor. The term does not include any medical inhaler prescribed by a licensed physician.

2. Hookah Establishments. Any facility or location whose business operation, whether a primary or accessory use, is characterized as a commercial establishment where patrons gather to share in the smoking of flavored tobacco (shisha) from a communal hookah, including but not limited to establishments known variously as a hookah lounge or bar, or shisha bar or den , including smoking cigars or establishing cigar bars.

3. Hookah. A single or multi- stemmed instrument for smoking flavored tobacco (or shisha), whose vapor or smoke is passed through a water basin before inhalation.

4. Smoking/Vaping Lounge. Any facility or location whose business operation, whether a primary or acce ssory use, is characterized by the sale, offering, and/or preparation of smoking tobacco, cigars, electronic cigarettes, or similar products, including but not limited to establishments known variously as smoking lounges, and vaping lounges, excluding cigars orand cigar bars.

5. Smoking/Vaping Retailer . A smoke shop, tobacco store, electronic cigarette retailer, or any other retail business where more than 25 percent of the gross floor area is dedicated to the sale of tobacco or tobacco products, electronic cigarettes, or related products, for consumption off the premises.
219
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-99 (Rev. 01.16.202405.02.2023) Very Low Income Households. Households, as defined in HSC Section 50105 paying Affordable Housing Costs or Affordable Rents for a Senior Citizen Housing unit.

D. Ba
se Density. Within residential zoning districts, the base density for a Senior Citizen Housing Development shall be pursuant to the development standards of the respective zoning district.

Within nonresidential zoning districts, the base density for a Senior Citizen Housing Development shall be as follows:

Base Density (in DU/Acre)
Districts
CN CC MU-1 MU-6
25 25 25 25
E. D
ensity Bonus.

1. I
n addition to the base density provided by Subsection D, above, senior citizen housing developments within residential zoning districts shall be eligible for a density bonus as provided in State density bonus law, as prescribed in Subsection 6.01.010.G (Density Bonus and Other Incentives) of this Development Code. Nonresidential zoning districts shall be eligible for a density bonus as provided in State density bonus law, as follows:

Density Bonus (in
percentage/units)
Districts
CN CC MU-1 MU-6
20% 20% 20% 20%

2. F
or senior citizen housing developments using the density bonus provisions of State density bonus law, a density bonus regulatory agreement securing the use of the senior citizen housing development by qualified senior citizens shall also be required. The density bonus regulatory agreement shall be recorded against the property and shall be in a form acceptable to the City Attorney.

3. T
he density bonus provisions shall apply to senior citizen housing developments consisting of 5 or more dwelling units, exclusive of a caretaker’s unit. All density calculations resulting in fractional units shall be rounded up to the next whole number.

4. P
ursuant to State density bonus law, applicants for senior citizen housing developments may request certain waivers and modifications of the City’s development standards. For purposes of con sidering such requests for waivers and modifications of development standards, the “development standards” shall be defined as conditions affecting the physical location or type of construction of the senior citizen housing project, and do not include use restrictions, procedural requirements, and fees as more particularly described in GC Section 65915(o)(1).

5. U
se of the senior citizen housing development for use by senior citizen households shall be secured via use of covenants and/or agreements recorded against the property in a form acceptable to the City Attorney.

F. A
ffordability Bonus for Senior Citizen Housing Developments. 220
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-103 (Rev. 01.16.202405.02.2023)

5.03.390: Tattooing, Body Piercing, Branding, and the Application of Permanent Cosmetics T
he below-listed standards shall govern the establishment and operation of body art services in the City. For the purposes of this section, “body art services” shall mean tattooing, body piercing, branding, or the application of permanent cosmetics, excepting the piercing of an ear with a disposable, single-use, presterilized stud or solid needle that is applied using a mechanical device to force the needle or stud through the ear.

A. E
very person and every business engaged in body art and/or permanent cosmetics services shall comply with all applicable provisions of the Safe Body Art Act (HSC Section 119300 et seq.).

B. E
very person and every business engaged in body art and/or permanent cosmetics services shall obtain a health permit from the San Bernardino County Division of Environmenta l H
ealth Services prior to commencement of the business activity.

C. A person proposing to construct, remodel, or revise a body art and/or permanent cosmetics facility shall first submit plans to the Ontario Planning Department and the San Bernardino County Division of Environmental Health Services for review and approval, prior to construction.

C.D. A body art services business located in the MU-1 (Downtown Mixed Use) zoning district shall not be located within 0.25 -mile, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the use, to any other body art services business. R efer to Figure 5.01- 2: MU -1 (Downtown Mixed Use) Zo ning District L and Use Map for locations.

5.03.395: Temporary and Interim Land Uses, Buildings, and Structures T
he following temporary and interim land uses shall be allowed upon the issuance of an Administrative Use Permit by the City pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code:

A. I
nterim Farming Activities on Vacant or Underdeveloped Lands. Farming activities may be established and operated as an interim use on vacant or underdeveloped lands pursuant to the requirements of Subsection 5.03.405.F (Urban Farms) of this Division .

B. M
odel Homes. The following standards shall govern the design and establishment of model h
omes:

1. A
ccess shall meet the requirements of the Americans with Disabilities Act.

2. A
ny “trap” fencing shall be located on private property.

3. A
ny garage used as a sales office shall be converted back to a garage prior to dwelling occupancy.
221
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.16.202405.02.2023) Page 5.03-106 Ontario Development Code pursuant to Section 4.03.015 (Administrative Use Permit) of this Development Code, and are further classified as follows:

1. Retail Sales Events and Other Similar Business Events. Retail sales events and other similar business events, including but not limited to special outdoor sales, sidewalk sales, and parking lot sales, are subject to the following:
a. A
retail sales event or other similar business event shall only be allowed in conjunction with a legally established business that has been operated for a period of at least 180 days prior to the retail sales event or other similar business event. b. Retail sales events and other similar business events shall be limited to eight12, one-week periods per calendar year, per business location. The one -week periods may be used consecutively, not to exceed a total of 56 days per calendar yearwith a mandatory down time of one week between each 6-week period.
c. T
he outdoor display of mercha ndise shall be restricted to an area directly adjacent to the business’ exterior storefront; however, in the case of shopping centers, when it is not practical for the outdoor display area to be located directly adjacent to the business front, the sale area shall be located in an area as close as practically possible, to the business’ exterior storefront.
d. T
he display of merchandise shall not impede pedestrian or vehicular circulation.
e. A
ll merchandise, materials, signs, and debris shall be removed from the outdoor area by 9:00 AM following the last day of the retail sales event.

2. Holiday Retail Sales. Holiday retail sales include Christmas tree and pumpkin sales, and shall be limited to 30 days duration, 2 times per calendar year, for each business location .

3. Shows and Exhibits. Religious, historic, patriotic, or other similar outdoor displays may be permitted within a yard, parking lot or landscaped area, by or for the benefit of nonprofit organizations, subject to the following:
a. S
hows and exhibits shall be limited to 30 days duration within any 90 -day pe
riod.
b. T
he show or exhibit shall not impede pedestrian or vehicular traffic. c. S
hows and exhibits shall not be conducted within 1,000 FT of any residential la
nd use, as measured in a straight line from any point along the outer boundaries of the property containing the show or exhibit. This separation requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
d. A
ll equipment, materials, signs, and debris shall be removed from the outdoor area by 9:00 AM following the last day of the display.

4. Amusement and/or Sporting Events. Bazaars, circuses, carnivals, rodeos, pony rides and other similar temporary amusement and/or sporting events may be permitted, subject to the following:
222
Division 5.03—Supplemental Land Use Regulations
Ontario Development Code Page 5.03-107 (Rev. 01.16.202405.02.2023) a. Ev
ents shall be limited to 2 periods of 7 days duration per calendar year, for each event location. The 2 event periods may be used consecutively. b. Ev
ents shall not be conducted within 1,000 FT of any residential zoning district, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the event. This separation requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
c. A
ll equipment, materials, signs, and debris shall be removed from the event location by 9:00 AM following the last day of the event.

5. Tent Revivals. Tent revivals and other similar temporary events involving the large assemblage of people and/or equipment within a temporary structure or in the open air, may be permitted, subject to the following:
a. T
ent revivals shall be limited to 2 peri ods of 7 days duration per calenda r y
ear, for each event location. The 2 event periods may be used consecutively. b. T
ent revivals shall not be conducted within 1,000 FT of any residential land use, as measured in a straight line from any point along the outer boundaries of the property or lease space containing the tent revival. This separation requirement may be reduced by the Planning Director, provided the type and size of event proposed could in no way adversely affect residential land uses.
c. A
ll equipment, materials, signs, and debris shall be removed from the event location by 9:00 AM following the last day of the event.

6. Charitable and Fund Raising Events. Fund raising events for charitable organizations and other non -profit organizations, such as churches, schools, clubs, and other similar organizations, may be permitted to hold special outdoor fund raising events, hosted by and in conjunction with a legally established commercial or industrial land uses, subject to the following:
a. Charitable and fund raising events shall be limited to 12the holiday periods of President’s Day, Memorial Day, Independence Day and Labor Day. Twelve additional events per calendar year shall also be permitted per location, not to exceed one event per month per location. Events shall be limited to a maximum of 4 days duration. b. C
haritable and fund raising events shall be restricted to an area directly adjacent to the host business’ exterior; however, when it is impractical for the event to be located directly adjacent to the host business, such as in the case of a commercial shopping center, the event shall be located in an area as close as practically possible to the host business’ exterior. c. C
haritable and fund raising events shall not impede pedestrian or vehicular circulation.
d. A
ll equipment, materials, signs, and debris shall be removed from the event location by 9:00 AM following the last day of the event. 223
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.16.202405.02.2023) Page 5.03-112 Ontario Development Code (3) A primary dwelling that was legally established prior to the Two-Unit Project and is smaller than 800 SF may be expanded to 800 SF after or as part of the Two -Unit Project.
c
. Height Restrictions.
(
1) On a lot that is larger than 2,000 SF, 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 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 with a Two-Unit Project.
d. D
emo Cap. The Two -Unit Project shall not involve the demolition of more than 25 percent of the existing exterior walls of an existing dwelling unless the site has not been occupied by a tenant in the last 3 years.
e. Lot Coverage . [Include a lot coverage standard here if desired.] 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, as required by the underlying zoning district. f. S
etback Requirements.
(
1) Generally. All setbacks shall conform to the minimum requirements of the underlying zoning district.
(
2) Exceptions. Notwithstanding subpart E.6.f 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 code, dwellings that are constructed under this Section 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 (
b) Allow for vehicular and fire -safety access to the front structure.
224
Division 5.03—Supplemental Land Use Regulations
(Rev. 01.16.202405.02.2023) Page 5.03-136 Ontario Development Code a. A proposed wireless telecommunications facility meeting each of the following criteria shall require Development Plan approval pursuant to Section 4.02.0 25 (Development Plans) of this Development Code:
(
1) The facility is located within a nonresidential zoning district; (
2) The facility is more than 500 FT from a residential zoning district, as measured in a straight line from any point along the outer boundaries of the property containing the wireless telecommunications facility;
(
3) The facility complies with all development standards of this Section and the applicable zoning district;
(
4) The facility is of a stealth design so as not to be recognized as a telecommunications facility; and
(
5) All support equipment to the proposed facility is located within a completely enclosed structure or is otherwise screened from public view b. A
new wireless telecommunications facility proposed within a nonresidential zoning district, which is to be collocated with an existing wireless telecommunications facility and complies with all development standards of this Section and the applicable zoning district, shall be reviewed and acted upon by the Development Advisory Board.

3. Tier 3 Review. A proposed wireless telecommunications facility meeting one or more of the following criteria shall require Development Plan approval pursuant to Section

4.02.025 (Development Plans) and pu blic hearing notification pursuant to Table 2.03- 1 (Notification Matrix) and the requirements of Section 2.03.010 (Public Hearing Notification) of this Development Code:
a. W
ireless telecommunications facilities not meeting the above -stated Tier 1 or Tier 2 review criteria;
b. W
ireless telecommunications facilities located 500 FT or less (as measured in a straight line from any point along the outer boundaries of the property containing the wireless telecommunications facility) from a residential zoning district; c. A
ll nonstealth wireless telecommunications facilities;
d. W
ireless telecommunications facilities proposed in the AG Overlay District, excepting those facilities meeting the Tier 1 review criteria , above . In addition to requiring Development Plan approval, wireless telecommunications facilities proposed in the AG Overlay District shall also require Conditional Use Permit approval pursuant to Table 5.02-1 (Land Use Matrix) and Paragraph C.1.f (Conditionally Permitted Uses) of Section 6.01.035 ( Overlay Zoning Districts) of this Development Code;
e. W
ireless telecommunications facilities creating more than a minimal visual impact on surroundings, as determined by the Planning Director. In determining whether more than a minimal visual impact exists, the Planning Director shall consider the facility’s location and size, the view of the facility from the public street and neighboring properties, and the contrast between the facility and other external structural equipment. The applicant may be required to 225
Chapter 6.0:

Development and Subdivision Regulations
D
ivision 6.01—District Standards and Guidelines
Division 6.02—Walls, Fences and Obstructions
Division 6.03—Off-St reet Parking and Loading
Division 6.04—Congestion Management and Trip Reduction
Division 6.05—L andscaping
Division 6.06—S treet Naming and Address Numbering
Division 6.07—R eserved f or Future Use
Division 6.08—Development Projects and Subdivisions
Division 6.09—R eserved for F uture Use
Division 6.10—R eservedProperty Appearance and Maintenance Division 6.11—S hopping Cart Retention and Storage
226
Division 6.01—District Standards and Guidelines
(Rev. 01.16.202405.02.2023) Page 6.01-36 Ontario Development Code prior to Certificate of Occupancy issuance, excepting private open space areas that are enclosed by a minimum 6-FT high decorative wall or fence.

7. Drive Approaches, Driveways, and Drive Aisles . Residential drive approaches, driveways, and drive aisles shall comply with the following:
a. D
rive Aisles and Driveways.
(
1) Drive aisles and driveways shall be allowed solely for the purpose of providing access to off-street parking facilities, and emergency vehicle access to a property. (
2) For lots developed with single-family dwellings:
(a) AOne driveway per lot may be permitted, which shall lead to a garage or carport, and shall not exceed the overall width of the garage or carport, except that vehicular access (maximum 10 FT in width, pursuant to Paragraph 6.01.010.F.6 (Landscaping)) may be provided to the side or rear yard area of lo t used for vehicle storage pursuant to Paragraph 6.01.010.GF.5 (Storage of Automobiles, Recreational Vehicles, Light Trucks, Trailers, and Other Similar Vehicles) of this Section; and
(
b) Temporary off-street parking within a front or street side yard area shall only be allowed on a driveway leading to a garage or carport, or on an approved circular driveway constructed pursuant to Subparagraph 6.01.010. G.7.b (Circular Driveways) of this Section.
(
c) Corner lots may have a rear yard access drive from a side street, subject to Planning Director and City Engineer approval. The rear yard access drive shall not exceed 12 FT in width and shall lead to a parking area that is screened by a view-obstructing wall or fence, with appropriate view-obstructing gate.
b. C
ircular Driveways. Circular driveways shall be permitted on lots developed with a single-family dwelling, which meet all of the following:
(
1) The lot is located within the AR-2, RE-2, RE-4, or LDR-5 zoning district, or AG overlay zoning district, and is at least 10,000 SF in area; (
2) The property takes vehicular access from an arterial street, as identified on Exhibit M1 (Mobility Plan Map) of the Policy Plan component of The Ontario Plan, and does not front onto, or take vehicular access from, Euclid Avenue; (
3) The dwelling is setback at least 30 FT behind the front property line; and
(
4) The proposed circular driveway does not exceed 10 FT in width. c
. Maximum Drive Approach Width.
(
1) Driveway Access for Traditional Single- Family Developments —A d
rive approach on a public street shall not exceed the maximum widths prescribed by Table 6.01- 7 (Maximum Single -Family Residential Drive Approach Widths), below, based upon the lot width range.
227
Division 6.05—Landscaping
(Rev. 01.16.202412.01.2020) Page 6.05-6 Ontario Development Code

11. Certificate of Completion . Upon completion of landscaping and irriga tion system installation, the licensed landscape architect of record, or their designee, shall conduct a final field inspection and shall prepare a Certificate of Completion, which shall be filed with the City.

The Certificate of Completion shall specifically indicate that the landscaping and the irrigation system were installed as shown on the approved Planting and Irrigation Plans, and that the soil testing and amendments have been installed as specified by the soil management plan. If the irrigation system was not installed pursuant to plans, or if water use exceeds the water budget, a certified landscape irrigation auditor shall conduct an irrigation audit, and the recommendations to ensure water efficiency shall be provided, prior to permit approval.

12. Required Plans, Maps, Reports, Schedules, and Other Necessary Information . A ll plans, maps, reports, schedules, and other information required to be contained in the Landscape and Irrigation Construction Documentation Plan set by this Section, shall include all information stipulated by the Landscape Design and Construction Guidelines (Development Code Reference G), which prescribes the minimum information to be submitted, together with any required plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the City to review and act upon the required plans and information.

13. Public Education. All model homes that are landscaped shall incorporate signs and written information to demonstrate the principals of water efficient landscapes described in this Division. Signs shall feature elements such as hydrozones , irrigation equipment, and plants that contribute to the overall water efficient theme. Written information shall be provided about plants types, irrigation systems and managing and maintaining water efficient landscapes.

6.05.020: Tree Preservation Policy and Protection Measures A. Pu
rpose. The purpose of this Section is to establish policies and measures that will further the preservation, protection, and maintenance of established and healthy heritage trees within the City, to improve the community forest that provides environmental, aesthetic and economic benefits, and enhances the quality of life. It is pertinent to the public welfare that such trees be protected from indiscriminate cutting or removal.

B. A
pplicability. The City Council hereby establishes that it is the policy of the City to preserve, protect, and maintain established and healthy trees within the City, to the extent practicable.

Consideration shall be afforded Heritage Trees, as set forth in this Section.

C. D
efinitions. As used in this Section, the following words, terms, and phrases are defined as follows:

1. Heritage Tree. The term "Heritage Tree" means a tree designated for preservation pursuant to Section 4.02.060 (Historic Preservation —Historic Landmark and District Designations, and Architectural Conservation Areas) of this Development Code, as a tree of historic or cultural significance, or a tree of importance to the community due to any one of the following factors:
a. A tree designated for preservatio n pursuant to Section 4.02.0 40 (Historic Preservation—Historic Landmark and District Designations, and Architectural Conservation Areas) of this Development Code.
a.b. It is one of the largest or oldest trees of the species located in the City, with a trunk diameter of 18 inches or greater, measured at 54 inches above natural grade; or 228
Division 6.05—Landscaping
(Rev. 01.16.202412.01.2020) Page 6.05-10 Ontario Development Code J. Heritage Tree Replacement. Healthy Heritage Trees that are approved for removal shall be replaced with new trees and shall be shown on required Landscape and Irrigation Construction Documentation Plans. Replacement trees shall have a total trunk diameter (caliper) equal to the tree(s) removed, or as deemed appropriate by the Approving Authority based on the lot size and available planting space. Replacement trees shall be in addition to the quantity of trees required by this Division for landscaping. The Approving Authority shall review the landscape plan and approve appropriate species for tree replacement (see Section 6.05.035 (Landscape Development Standards) for required trees).

K. M
onetary Value. The monetary value of Heritage Trees protected pursuant to this Division, which are removed, shall be based upon the “Guide for Plant Appraisal,” which is available from the International Society of Arboriculture. Appraisals shall be performed by a City -approved professional plant appraiser or certified arborist skilled in tree appraisals.

L. P
rohibited Acts. It shall be expressly prohibited to damage or to remove any Heritage Tree without prior specific authorization by the Zoning Administrator, except that tree remova l s
pecifically approved as a part of a Development Plan or Building Permit approval; Certificate of Appropriateness; pruning or removal to obtain adequate line -of-sight distances as specifically authorized by the City Engineer; pruning or removal as required for public safety as specifically authorized by City representatives; and/or actions taken by a public or private utility company for the protection of their existing electrical power or communication lines, or other property of a public utility.

6.05.025: Heritage Tree Preservation Mitigation Fee.

A. Purpose. The purpose of this Section is to establish the Heritage Tree Preservation Mitigation Fee whereby the impacts resulting from the construction or demolition of heritage tree(s) may be mitigated by the collection of fees that will provide a source of funds for the conservation, preservation, restoration, replanting and reforestation of trees within the City.

B. Applicability.

1. A mitigation fee, in an amount established by this Section, shall be paid prior to the issuance of any permit for construction or demolition of any heritage tree(s). The mitigation fee shall be deposited in the Heritage Tree Preservation Trust Fund established pursuant to Section

6.05.030 (Heritage Tree Preservation Trust Fund) of this Division.

2. The mitigation fee shall be based on the Tree Inventory and Preservation Plan pursuant to Section 6.05.020 (Tree Preservation Policy and Protection Measures) of this division. a. The mitigation fee for Healthy Heritage Trees that are approved for removal shall equal the r eplacement value of the total trunk diameter (caliper) equal to the tree(s) removed, or as deemed appropriate by the Approving Authority based on the Tree Inventory and Preservation Plan. The Approving Authority shall review the Tree Inventory and Preservation Plan and approve the replacement value.
b. The mitigation fee for t he monetary value of Heritage Trees protected pursuant to this Division, which are removed, shall be based upon the “Guide for Plant Appraisal,” which is available from the International Society of Arboriculture. Appraisals shall be performed by a City-approved professional plant appraiser or certified arborist skilled in tree appraisals. 229
Division 6.05—Landscaping
Ontario Development Code Page 6.05-11 (Rev. 01.16.202412.01.2020)

6.05.030: Heritage Tree Preservation Trust Fund
A. Purpose. The purpose of the Heritage Tree Preservation Trust Fund is to provide funding, under direction of the City Council, for the conservation, preservation, restoration, replanting and reforestation within the City.

B. Applicability. The Heritage Tree Preservation Trust Fund is hereby established as means to receive and replenish monies to assist the funding of tree preservation and reforestation projects within the City. All funds deposited in the Heritage Tree Preservation Trust Fund shall be used solely for the conservation, preservation, restoration, replanting and reforestation of the City , as provided in this Section.

C. Trust Fund Administration.

1. The City Manager, or designee of the City Manager, shall have authority for establishing policy for Heritage Tree Preservation Trust Fund expenditures.

2. The City Manager, or designee of the City Manager shall have authority to make recommendations to the City Council regarding any action or activity necessary or appropriate to implement its powers or duties to fulfill the objectives of the Heritage Tree Preservation Trust Fund.

3. The City Manager, or desi gnee of the City Manager, shall serve as financial administrator of the Heritage Tree Preservation Trust Fund and shall be responsible for management of its finances, which shall be carried -out pursuant to all applicable federal, State and local laws.

4. The Planning Director, or designee of the Planning Director, shall serve as program administrator of the Historic Preservation Trust Fund and shall be responsible for its day -to-day management and operations.

D. Heritage Tree Preservation Trust Fund Proceeds.

1. Deposits. All funds received by the City for heritage tree preservation purposes shall be deposited in the Heritage Tree Preservation Trust Fund. The City’s Fiscal Services Department may establish separate accounts within the Trust Fund for the purpose of separating deposits according to their origin or intended purpose.

E. Heritage Tree Preservation Trust Fund Program Activities.

1. Qualifying Program Activities are hereby established for the following:
a. New Tree Plantings. Tree plantings in parkways or city right -of-way shall be per the Street Tree Master Plan or Ontario Ranch Streetscape Master Plan. Tree plantings in public projects such as parks and city facilities shall be determined by the Approving Authority. b. Reforestation Tree Plantings. Reforestation tree plantings in parkways or city right-of-way shall be per the Street Tree Master Plan or Ontario Ranch Streetscape Master Plan.

Tree plantings in public projects such as parks and city facilities shall be determined by the Approving Authority.
230
Division 6.05—Landscaping
(Rev. 01.16.202412.01.2020) Page 6.05-12 Ontario Development Code c. Tree Removal Alternatives and Mitigation Measures. Tree removal alternatives and mitigation measures such as root pruning, flexible paving material, other materials, protection measures, and mitigation measures recommended in the Certified Arborist’s report.
d. Acquisition, Planting and Maintenance of Trees. Activities to acquire, plant and maintain existing and proposed heritage trees as determined by the Approving Authority, identified in the Certified Arborist’s report.

2. Qualifying Projects that implement Trust Fung Program Activities are hereby established for the following project types:
a. Capital Improvement Projects (CIP) for New Construction and Rehabilitation Projects. CIP Construction projects allow for activities that contribute to the conservation, preservation, restoration, replanting and reforestation of heritage trees located within public spaces.
(1) Conservation, preservation and restoration of trees within public spaces, such as but not limited to parkways and rights-of-ways. Funds may support public projects and include activities directly contributing to the conservation, preservation, and restoration of existing heritage trees. Activities may include, but are not limited to, the installation of alternate sidewalk materials, meandering sidewalks, and any reports and analyses prepared by a certified arborist that identify protection measures that will contribute to extending the life and viability of existing heritage trees.
(2) Replanting and reforestation of trees within public spaces, such as but not limited to parkways and rights -of-ways. Any replanting or reforestation efforts must be identified in the certified arborist report and include circumstances that warrant tree removal.

Such conditions that warrant the removal of heritage tree(s) may include tree(s) that are dead, hazardous, diseased, or damaged beyond repair, or may pose an emergency or safety concern relating to the health, safety, and welfare of the public. Funds shall be used to support the overall project and include activities directly contributing to the replanting and reforestation of trees where a certified arborist has recommended the removal of a heritage tree(s). Activities may include, but are not limited to, intermittent planting strategies and new tree plantings, as well as warranty and maintenance efforts that support the establishment and longevity of new tree plantings, such as tree staking, irrigation measures and other construction activities to support the viability of newly planted trees.
b. Public Works Projects for New Construction and Rehabilitation Projects.

Public Works Construction projects that allow for activities that directly contribute to the conservation, preservation, restoration, replanting, and reforestation of heritage trees located within public spaces.
(1) Conservation, preservation and restoration of trees within public spaces, such as but not limited to public parks, parkways, rights -of-ways and city facilities. Funds may support public projects and include activities directly contributing to the conservat ion, preservation, and restoration of existing heritage trees. Activities may include, but are not limited to, the installation of alternate sidewalk materials, meandering sidewalks, and any reports and analyses prepared by a certified arborist that identify protection measures that will contribute to extending the life and viability of existing heritage trees. 231
Division 6.05—Landscaping
Ontario Development Code Page 6.05-13 (Rev. 01.16.202412.01.2020) (2) Replanting and reforestation of trees within public spaces, such as but not limited to public parks, parkways, rights -of-ways, and city facilities . Any replanting or reforestation efforts must be identified in the certified arborist report and include circumstances that warrant tree removal. Such conditions that warrant the removal of heritage tree(s) may include tree(s) that are dead, hazardous, diseased, or damaged beyond repair, or may pose an emergency or safety concern relating to the health, safety, and welfare of the public. Funds shall be used to support the overall project and include activities directly contributing to the replanting and reforestation where a certified arborist has recommended the removal of a heritage tree(s).

Activities may include but are not limited to, intermittent planting strategies and new tree plantings as well as warranty and maintenance efforts that support the establishment and longevity of new tree plantings such as tree staking, irrigation measures and other construction activities to support the viability of newly planted trees.
c. Planning Projects. Studies and reports that analyze existing conditions and make recommendations on conservation and preservation of heritage trees and reforestation treatments; and
d. Community Outreach . Outreach campaigns consist of the creation of education material and media to raise awareness of tree preservation benefits.

3. Project Selection Criteria . The award of Heritage Tree Preservation Funds shall be based upon consideration of the following criteria:
a. Level of significance of the heritage tree(s) impacted. b. Overall benefit to the community; and
c. Ability to ensure the longevity of the health of the trees and features through warranty and maintenance.

6.05.0325: Violation-Penalty
A. V
iolation. Any violation of this chapter shall be a misdemeanor or infraction at the discretion of the City Attorney or District Attorney.

B. C
ivil Penalties. Irrespective of, and cumulative to, any criminal conviction for a violation of this Division, the City may, pursuant to GC Section 36901, impose a civil penalty in an amount not exceeding $1,000, or by imprisonment not to exceed 6 months, or both such fine and imprisonment on any person either through an administrative hearing or a civil action brought either by the City Attorney or a designated employee of the City. Each tree removed in violation of this Division shall constitute a separate offense.

C. Re
stitution for Damage or Removal of Protected Trees within the City. Irrespective of whether the City pursues criminal and/or civil action under this Division, nothing in this Division shall prevent the City from seeking restitution for damage or removal of trees within the City, which are protected by this Division, as an alternative to criminal action and/or civil action to recover a civil penalty in accordance with Subsection B of this Section.

D. A
ssessment of Civil Penalties. Civil penalties may be assessed against a responsible party as confirmed by resolution of the City Council, and shall constitute a special as sessment against the property to which it relates and after its recording, as thus made and confirmed, the same 232
Chapter 8.0:

Sign Regulations
D
ivision 8.01—S ign Regulations
233
Division 8.01—Sign Regulations
(Rev. 01.16.202405.02.2023) 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 6 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.
234
ORDINANCE NO. ________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ONTARIO, CALIFORNIA, APPROVING FILE NO. PZC-23-002, A ZONE CHANGE TO MODIFY THE ZONING MAP

TO REMOVE THE EA (EUCLID AVENUE) OVERLAY DISTRICT SOUTH OF PHILADELPHIA AVENUE, AND MAKING FINDINGS IN SUPPORT THEREOF—APNS:
1051-051-11, 1051-051-12, 1051-051-17, 1051-051-71, 1051-051-72, 1051-051-22, 1051-051-23, 1051-051-24, 1051-051-25, 1051-051-26, 1051-051-27, 1051-051-28, 1051-051-29, 1051-051-30, 1051-051-31, 1051-051-32, 1051-051-33, 1051-051-34, 1051-051-35, 1051-051-36, 1051-051-37, 1051-051-38, 1051-051-39, 1051-051-40, 1051-051-41, 1051-051-42, 1051-051-43, 1051-051-44, 1051-051-45, 1051-051-46, 1051-051-47, 1051-051-48, 1051-051-49, 1051-051-50, 1051-051-51, 1051-051-52, 1051-051-53, 1051-051-54, 1051-051-55, 1051-051-56, 1051-051-57, 1051-051-58, 1051-051-59, 1051-051-60, 1051-051-61, 1051-051-62, 1051-051-63, 1051-051-64, 1051-051-65, 1051-051-66, 1051-051-67, 1051-051-68, 1051-051-73, 1051-062-25, 1051-062-26, 1051-062-27, 1051-062-28, 1051-062-29, 1051-062-30, 1051-062-31, 1051-062-32, 1051-062-33, 1051-062-34, 1051-062-35, 1051-062-36, 1051-062-37, 1051-062-38, 1051-062-39, 1051-081-01, 1051-062-40, 1051-062-41, 1051-062-42, 1051-062-48, 1051-062-49, 1051-071-02, 1051-071-04, 1051-081-01, 1051-081-02, 1051-211-02, 1051-211-03, 1051-211-10, 1051-222-01, 1051-222-13, 1051-222-20, 1051-271-06, 1051-271-66, 1051-271-67, 1051-281-04, 1051-281-09, 1051-281-77, 1051-281-79, 1051-281-80, 1051-411-12, 1051-411-13, 1051-411-14, 1051-411-15, 1051-411-16, 1051-411-17, 1051-411-18, 1051-411-35, 1051-411-36, 1051-411-37, 1051-411-38, 1051-412-21, 1051-412-22, 1051-412-23, 1051-412-24, 1051-412-25, 1051-412-26, 1051-412-27, 1051-412-28, 1051-421-08, 1051-421-09, 1051-421-10, 1051-421-11, 1051-421-12, 1051-421-13, 1051-421-14, 1051-421-15, 1051-431-55, 1051-431-56, 1051-431-57, 1051-431-58, 1051-431-59, 1051-431-60, 1051-431-61, 1051-441-08, 1051-441-51, 1051-522-10, 1051-522-02, 1051-522-03, 1051-522-04, 1051-522-05, 1051-522-61, 1051-522-62, 1051-522-63, 1051-522-64, 1051-522-65, 1051-522-66, 1051-522-67, 1051-522-68, 1051-522-69, 1051-522-74, 1051-522-75, 1051-522-76, 1051-522-77, 1051-522-78, 1051-614-01, 1051-614-02, 1051-614-03, 1051-614-07, 1051-614-08, AND 1051-614-09.

WHEREAS, the City of Ontario ("Applicant") has filed an Application for the approval of a Zone Change, File No. PZC-23-002, as described in the title of this Ordinance (hereinafter referred to as "Application" or "Project"); and WHEREAS, the existing Application proposes to remove the EA (Euclid Avenue) Overlay zoning district on properties on the east and west sides of Euclid Avenue between Philadelphia Avenue and Riverside Drive (see "Attachment A: Existing EA (Euclid Avenue) Zoning Overlay District" and "Attachment B: Proposed EA (Euclid Avenue) Zoning Overlay District"; and
WHEREAS, the purpose of the EA (Euclid Avenue) zoning overlay was to recognize, protect, and enhance the visual character and quality of Euclid Avenue as a major scenic and historic resource, recognize and protect Euclid Avenue's position on the National Register of Historic Places, and recognize Euclid Avenue as a major contributor 235
to Ontario's historic downtown area. The existing EA (Euclid Avenue) zoning overlay south of Riverside Avenue is over one mile from Ontario's downtown area, does not contain the same architectural character as the downtown area, nor does it protect Euclid Avenue as a major scenic and historic resource of the City; 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, 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, 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, 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 November 28, 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. PC23-101, recommending the City Council approve the Project; and
WHEREAS, on December 19, 2023, the City Council of the City of Ontario conducted a public hearing on the Project and concluded said hearing on that date; and WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.

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

SECTION 1. Environmental Determination and Findings. As the decision- making body for the Zone Change, the City Council has reviewed and considered the information contained in the administrative record for the Zone Change. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds as follows:
236
(1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and (2) The Zone Change is exempt from the requirements of the California Environmental Quality Act (CEQA) and the guidelines promulgated thereunder, pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the activity is covered by the" common sense exemption" (also known as the " general rule exemption") that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and
(3) The determination that the Zone Change is not subject to CEQA reflects the independent judgment of the City Council.

SECTION 2. 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 upon 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 Available Land Inventory contained in Table A-3 (Available Land by Planning Area) of the Housing Element Technical Report Appendix.

SECTION 3. 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 Zone Change, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the ONT ALUCP; and 237
(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 Zone Change, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight.

As a result, the City Council, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the CNO ALUCP.

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

Compliance: The proposed Zone Change reflects the existing uses of the properties or closely coordinates with land use designations in the surrounding area and provides opportunities for choice in living environments.  Goal LU-2: Compatibility between a wide range of uses and resultant urban patterns and forms.
 LU-2.1: Land Use Decisions. We minimize adverse impacts on adjacent properties when considering land use and zoning requests. 238
Compliance: The proposed removal of the EA (Euclid Avenue) zoning overlay between Philadelphia Avenue and Riverside Drive reflects the existing uses of the properties or closely coordinates with land use designations in the surrounding area and will not create adverse impacts on adjacent properties.  Goal LU-5: Integrated airport systems and facilities that minimize negative impacts to the community and maximize economic benefits.  LU-5.7: ALUCP Consistency with Land Use Regulations. We comply with state law that requires general plans, specific plans and all new development be consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan for any public use airport.

Compliance: The proposed removal of the EA (Euclid Avenue) zoning overlay between Philadelphia Avenue and Riverside Drive is consistent with the adopted Airport Land Use Compatibility Plan for both Ontario International Airport and Chino Airport.

Housing Element:
 Goal H-2: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.
 H-2.1: Corridor Housing. We revitalize transportation corridors by encouraging the production of higher density residential and mixed-uses that are architecturally, functionally and aesthetically suited to corridors.

Compliance: The proposed removal of the EA (Euclid Avenue) zoning overlay between Philadelphia Avenue and Riverside Drive supports the Euclid Avenue corridor and higher density residential and mixed-use development that is functionally and aesthetically suited along transportation corridors.  H-2.4: Ontario Ranch. We support a premier lifestyle community in the Ontario Ranch distinguished by diverse housing, highest design quality, and cohesive and highly amenitized neighborhoods.

Compliance: The proposed removal of the EA (Euclid Avenue) zoning overlay between Philadelphia Avenue and Riverside Drive is consistent with the policy to support a diverse housing type throughout Ontario.
(2) The proposed Zone Change would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The removal of the EA (Euclid Avenue) zoning overlay between Philadelphia Avenue and Riverside Drive is compatible with the zoning and land uses in the surrounding areas. (3) The proposed Zone Change will not adversely affect the harmonious relationship with adjacent properties and land uses. The allowed uses of the properties will be similar to other properties in the areas. 239
(4) The subject site is physically suitable, including, but not limited to, parcel sizes, shapes, access, and availability of utilities, for the request and anticipated development. The removal of the EA (Euclid Avenue) zoning overlay between Philadelphia Avenue and Riverside Drive will accommodate a variety of residential development and on parcels physically suitable for anticipated future development.

SECTION 5. City Council Action. Based upon the findings and conclusions set forth in Sections 1 through 4, above, the City Council hereby APPROVES the herein described Application, as detailed in "Attachment A: Existing EA (Euclid Avenue) Zoning Overlay District " and "Attachment B: Proposed EA (Euclid Avenue) Zoning Overlay District" attached hereto and incorporated herein by this reference.

SECTION 7. 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 8. Effective Date. This Ordinance shall become effective 30 days following its adoption.

PASSED, APPROVED, AND ADOPTED this 16th day of January 2024. _____________________________________
PAUL S. LEON, MAYOR
240
ATTEST:
_________________________________

SHEILA MAUTZ, CITY CLERK
APPROVED AS TO FORM:
_______________________________

BEST BEST & KRIEGER LLP

CITY ATTORNEY
241

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. 3268 was duly introduced at a regular meeting of the City Council of the City of Ontario held December 19, 2023 and adopted at the regular meeting held January 16, 2024 by the following roll call vote, to wit:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

SHELIA MAUTZ, CITY CLERK
(SEAL)
I hereby certify that the foregoing is the original of Ordinance No. 3268 duly passed and adopted by the Ontario City Council at their regular meeting held January 16, 2024 and that Summaries of the Ordinance were published on December 26, 2023 and January 23, 2024, in the Inland Valley Daily Bulletin newspaper.

SHELIA MAUTZ, CITY CLERK
(SEAL)
242
Attachment A: Existing EA (Euclid Avenue) Zoning Overlay District 243
Attachment B: Proposed EA (Euclid Avenue) Zoning Overlay District 244
Department: Public Works
Prepared By: Daniel P Beers
Staff Member Presenting:

Tito Haes, Executive Director Public Works
Reviewed By: Bonnie Tam, Andrea Ampig
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 9
SUBJECT:

AN AMENDMENT TO THE ON-CALL PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. FOR THE PROPOSED MINOR LEAGUE BASEBALL

STADIUM AND PARKING STRUCTURE EXPEDITED PLAN CHECK, BUILDING

OFFICIAL, AND BUILDING INSPECTION SERVICES

CITY OF ONTARIO
Agenda Report
January 16, 2024
SECTION:

CONSENT CALENDAR

RECOMMENDATION:

That the City Council take the following actions:

A
.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Invest in the City's Infrastructure (Water, Streets, Sewers, Parks, Storm Drains and Public Facilities)
Focus Resources in Ontario's Commercial and Residential Neighborhoods Encourage, Provide or Support Enhanced Recreational, Educational, Cultural and Healthy City Programs, Policies and Activities
FISCAL IMPACT:

The proposed Amendment No. 1 for the Proposed Minor League Baseball Stadium and Parking Structure Expedited Plan Check, Building Oﬃcial, and Building Inspection is a total amount of $788,960 for a total not-to-exceed contract amount of $1,138,960. The total contract amount of $1,138,960 includes On-Call work performed for various citywide projects. If approved, additional appropriations in the Capital Projects-Measure Q Fund will be requested at a future quarterly budget update.

245
BACKGROUND & ANALYSIS:

On July 18, 2023, the City Council awarded a contract to Populous, Inc. to design and create construction drawings for the Proposed Minor League Baseball Stadium and Parking Structure at the Ontario Sports Complex. Populous, Inc. will be submitting plans to plan check in April 2024. In order to meet the early Spring 2026 deadline for the opening of the Proposed Minor League Stadium, Staﬀ recommends awarding Amendment No. 1 to Transtech Engineers, Inc. for the Expedited Plan Check, Building Official and Building Inspection duties. 246
46700.00100\33287662.1

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Ontario City CouncilJanuary 16, 2024

Ontario City Council
January 16, 2024