Ontario City Council
March 18, 2025

requested that the City enter into negotiations to create a Development Agreement (“Agreement”).

In accordance with California Government Code Section 65865, which in part states that any city… may enter into a Development Agreement with any person having a legal or equitable interest in real property for the development of such property…” and California Government Code Section 65865.52, which in part states that “a Development Agreement shall specify the duration of the Agreement, the permitted uses of the property… and may include conditions, terms, restrictions…,” the City of Ontario adopted Resolution No. 2002-100 setting forth the procedures and requirements for consideration of Development Agreements. Pursuant to these procedures and requirements, staff entered into negotiations with the Applicant to create a Development Agreement for consideration by the Planning Commission and City Council.

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 that adequate public infrastructure improvements are constructed by the Owner.

PROJECT SETTING: The project site is located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan and is depicted in Figure 1: Project Location.

PROJECT ANALYSIS: The Agreement proposes to include 106.1 gross acres of land within Planning Areas 1A, 1B, and 1C land use districts of the Rich-Haven Specific Plan, as shown on the attached Exhibit A. The Agreement grants the Applicant a vested right to develop Tentative Tract Map 20526 (the “Map”), provided that the Owner complies with the terms and conditions of the Specific Plan and related EIR.

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

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.
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Staff finds that the Agreement is consistent with State law, The Ontario Plan, and the City’s Development Agreement policies. As a result, staff is recommending approval of the application to the Planning Commission. If the Planning Commission finds the Agreement is acceptable, a recommendation of approval to the City Council would be appropriate.

PUBLIC NOTIFICATION: The subject Agreement was advertised as a public hearing in at least one newspaper of general circulation in the City of Ontario (the Inland Valley Daily Bulletin newspaper). In addition, notices were mailed to all owners of real property located within a minimum of 300 feet of the exterior boundaries of the property that is the subject of the hearing, as shown on the records of the County Assessor.

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

AGENCY/DEPARTMENT REVIEWS: Each City agency/department has been provided the opportunity to review and comment on the subject Agreement and recommend requirements to be imposed upon the Project. At the time of the Resolution preparation, infrastructure requirements were provided and are included within the subject Agreement to the attached Resolution as "Attachment A." 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.

On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the Planning Commission, therefore, finds and determines that the Project, is consistent with the policies and criteria set forth within the ONT ALUCP.

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 1044
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ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the recommending body for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the Planning Commission, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the Chino ALUCP.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (general plan), and City Council Priorities components of The Ontario Plan ("TOP"). More specifically, the goals and policies of TOP that are furthered by the proposed Project are as follows:
(1) City Council Goals.
 Invest in the Growth and Evolution of the City's Economy  Operate in a Businesslike Manner
 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 the New Model Colony
(2) Vision.

Distinctive Development:
 Commercial and Residential Development
 Development quality that is broadly recognized as distinctive and not exclusively tied to the general suburban character typical of much of Southern California. (3) Governance.

Decision Making:
 Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices. 1045
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 G 1-2. Long-term Benefit. We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision. (4) Policy Plan (General Plan)
Land Use Element:
 Goal LU-1 Balance: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.
 LU-1.1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City.
 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.  Goal LU-2 Compatibility: Compatibility between a wide range of uses and a resultant urban patterns and forms.
 LU-2.6 Infrastructure Compatibility. We require infrastructure to be aesthetically pleasing and in context with the community character.

Housing Element:
 Goal H-2 Housing Supply & Diversity: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.  H-2.4 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.
 H-2.5 Housing Design. We require architectural excellence through adherence to City design guidelines, thoughtful site planning, environmentally sustainable practices, and other best practices.

Community Economics Element:
 Goal CE-1 Complete Community: A complete community that provides for all incomes and stages of life.
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 CE-1.6 Diversity of Housing. We collaborate with residents, housing providers, and the development community to provide housing opportunities for every stage of life; we plan for a variety of housing types and price points to encourage the development of housing supportive of our efforts to attract business in growing sectors of the community while being respectful of existing viable uses.  Goal CE-2 Placemaking: A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
 CE-2.1 Development Projects. We require new development and redevelopment to create unique, high-quality places that add value to the community.  CE-2.2 Development Review. We require those proposing new development and redevelopment to demonstrate how their projects will create appropriately unique, functional, and sustainable places that will compete well with their competition within the region.
 CE-2.4 Protection of Investment. We require that new development and redevelopment protect existing investment by providing architecture and urban design of equal or greater quality.
 CE-2.5 Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values.

Community Design Element:
 Goal CD-2 Design Quality: A high level of design quality resulting in neighborhoods, public spaces, parks, and streetscapes that are attractive, safe, functional, human-scale, and distinct.
 CD-2.7 Sustainability. We collaborate with the development community to design and build neighborhoods, streetscapes, sites, outdoor spaces, landscaping, and buildings to reduce energy demand through solar orientation, maximum use of natural daylight, passive solar and natural ventilation, building form, mechanical and structural systems, building materials, and construction techniques.  CD-2.13 Entitlement Process. We work collaboratively with all stakeholders to ensure a high degree of certainty in the efficient review and timely processing of all development plans and permits.
 Goal CD-5 Protection of Investment: A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional public and private investments. 1047
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 CD-5.1 Maintenance of Buildings and Property. We require all public and privately-owned buildings and property (including trails and easements) to be properly and consistently maintained.
 CD-5.2 Maintenance of Infrastructure. We require the continual maintenance of infrastructure.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the Project 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.

ENVIRONMENTAL REVIEW: The environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of Project approval and are incorporated herein by this reference. 1048
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Exhibit A:

RICH-HAVEN SPECIFIC PLAN LAND USE MAP (File No. PSP05-004) 1049
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Exhibit B:

TENTATIVE TRACT MAP NO. 20526
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RESOLUTION NO. PC25-010

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE
FILE NO. PDA22-004, A DEVELOPMENT AGREEMENT BETWEEN THE

CITY OF ONTARIO AND, ROSEVILLE INVESTMENTS, LLC AND

AMERICAN SUPERIOR LAND, LLC, TO ESTABLISH THE TERMS AND CONDITIONS ASSOCIATED WITH TENTATIVE TRACT MAP 20526 (FILE NO. PMTT22-012), LOCATED AT THE SOUTHEAST CORNER OF

HAVEN AVENUE AND RIVERSIDE DRIVE, WITHIN PLANNING AREAS 1A, 1B, AND 1C OF THE RICH-HAVEN SPECIFIC PLAN (FILE NO.

PSP05-004). (APNS: 0218-161-11, 0218-161-04, 0218-161-05, AND 0218- 161-10).

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

PMTT22-012), subdividing 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes; and
WHEREAS, the environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. This Application introduces no new significant environmental impacts; and
WHEREAS, the City's "Local Guidelines for the Implementation of the California Environmental Quality Act (CEQA)" provide for the use of a single environmental assessment in situations where the impacts of subsequent projects are adequately analyzed; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make recommendations to the City Council on the subject Application; and WHEREAS, the Project has been reviewed for consistency with the Housing Element of the Policy Plan component of The Ontario Plan, as State Housing Element 1051
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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 February 25, 2025, the Planning Commission of the City of Ontario conducted a hearing to consider the Project, and concluded said hearing on that date; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, the Planning Commission 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 Planning Commission finds as follows:
(1) the environmental impacts of this Project were previously reviewed in conjunction with File No. PSP05-004, the Rich-Haven Specific Plan for which an Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007. This Application introduces no new significant environmental impacts; and
(2) The previous Certified EIR contains a complete and accurate reporting of the environmental impacts associated with the Project; and 1052
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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 Planning Commission; 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 Planning Commission, and the specific findings set forth in Section 1, above, the Planning Commission 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 1053
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(d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending authority for the Project, the Planning Commission 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 recommending authority for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the PLANNING COMMISSION, therefore, finds and determines that the Project, is will be consistent with the policies and criteria set forth within the ONT ALUCP; and
(2) On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport ("CNO") Overlay Zoning District ("OZD") and Reference I, Chino Airport Land Use Compatibility Plan ("CNO ALUCP"). The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP 1054
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is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the recommending authority for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the Planning Commission, therefore, finds and determines that the Project is consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the Chino ALUCP.

SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above-referenced hearing, and upon the specific findings set forth in Section 1 through 4, above, the Planning Commission hereby concludes as follows:
(1) The Development Agreement applies to approximately 106.1 gross acres of land located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan (File No. PSP05-004); and
(2) The Development Agreement establishes parameters for the development of land within the Rich-Haven Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the ability to quantify the fees; and establish the terms and conditions that apply to those projects. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the Rich-Haven Specific Plan; and
(3) The Development Agreement grants the Applicant a vested right to develop Tentative Tract Map 20526 (File No. PMTT22-012) as long as the Applicant complies with the terms and conditions of the Rich-Haven Specific Plan and EIR. Tentative Tract Map 20526 is located at the southeast corner of Haven Avenue and Riverside Drive, within Planning Areas 1A, 1B, and 1C of the Rich-Haven Specific Plan, and proposes to subdivide 106.1 gross acres of land into 12 numbered lots and 10 lettered lots for residential uses, a public school, private drives, landscape edges, and common open space purposes; and
(4) The Development Agreement has been prepared in conformance with the goals and policies of The Ontario Plan Policy Plan (General Plan); and (5) The Development Agreement does not conflict with the Land Use Policies of The Ontario Plan Policy Plan (General Plan) and will provide for development, within 1055
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the district, in a manner consistent with the Policy Plan and with related development; and
(6) This Development Agreement will promote the goals and objectives of the Land Use Element of the Policy Plan; and
(7) This Development Agreement will not be materially injurious or detrimental to the adjacent properties and will not have a significant impact on the environment or the surrounding properties for which a Subsequent Environmental Impact Report (SCH# 2006051081) was previously adopted by the City Council on December 4, 2007; and (8) This Application introduces no new significant environmental impacts. All previously adopted mitigation measures are a condition of project approval and are incorporated herein by this reference.

SECTION 6: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 through 5, above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVE the herein described Application, subject to each and every condition set forth in the Development Agreement (File No.

PDA22-004 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.

SECTION 9: Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.
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ATTACHMENT A:

FILE NO. PDA22-004

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

CITY OF ONTARIO

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

DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
Roseville Investments, LLC
a Delaware limited liability company
and
American Superior Land, LLC
a Florida limited liability company
_________________________, 2025
San Bernardino County, California
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DEVELOPMENT AGREEMENT PDA22-004
This Development Agreement (hereinafter “Agreement”) is entered into effective as of the ____ day of ____________, 2025 by and among the City of Ontario, a California municipal corporation (hereinafter “CITY”), and, Roseville Investments, LLC, American Superior Land, LLC, (hereinafter “OWNER”):

RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code; and WHEREAS, OWNER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the rules and regulations of CITY; and
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of certain governmental and proprietary powers of CITY; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the CITY and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement in that Rich Haven Specific Plan (State Clearinghouse No. 2006051081 (the “FEIR”). The City Council found and determined that the FEIR was prepared in accordance with the requirements of the California Environmental Quality Act and adequately describes the impacts of the project described in the FEIR, which included consideration of this Agreement; and WHEREAS, this Agreement and the Project are consistent with the CITY’s Comprehensive General Plan and the Rich Haven Specific Plan; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary 1061
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improvements, provide for public services appropriate to the development of the Project, and generally serve the purposes for which development agreements under Sections 65864 et seq. of the Government Code are intended; and
WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement.

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

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

1. DEFINITIONS AND EXHIBITS.

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

1.1.1 “Agreement” means this Development Agreement.

1.1.2 “CITY” means the City of Ontario, California, a California municipal corporation.

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

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

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

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

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

1.1.8 “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1063
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1.1.9 “Effective Date” means the date that the ordinance approving this Agreement goes into effect.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1.1.27 "Storm Water Treatment Capacity Availability” means a designated portion of the total Storm Water Treatment Capacity Availability made available through the completion of construction of a Phase of regional storm water treatment facilities by the NMC Builders LLC as described in the Construction Agreement Amendment. The amount, in acres, of Storm Water Treatment Capacity Availability required for the 1065
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issuance of a grading permit shall be based upon the factors and assumptions listed in the Construction Agreement Amendment.

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

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

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

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

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

Exhibit “A” — Legal Description of the Property.

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

Exhibit “C” — Existing Development Approvals.

Exhibit “D” — Existing Land Use Regulations.

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

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

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

2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for an initial term of ten (10) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement. The term of this Agreement may be extended for an additional five (5) years following expiration of the initial ten (10) year term, provided the following have occurred:
(a) OWNER provides at least 180 days written notice to CITY prior to expiration of the initial term; and
(b) In non-mixed use and residential use only projects, the OWNER shall have obtained, as applicable, building permits for at least seventy percent (70%) of the actual number of residential units permitted under this Agreement; and (c) OWNER is not then in uncured default of this Agreement.

2.4 Assignment.

2.4.1 Right to Assign. OWNER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, limited liability company, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. OWNER may be required to provide disclosure that the Property is within the South Archibald Trichloroethylene (TCE) Plume. OWNER may wish to provide the attached Disclosure Letter (Exhibit G) as part of the Real Estate Transfer Disclosure requirements under California Civil Code Section 1102 et seq.(b) (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, OWNER shall notify CITY’s City Manager, in writing, of such sale, transfer or assignment and shall provide CITY with: (1) an executed 1067
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agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of OWNER under this Agreement with respect to the portion of the Property so sold, transferred or assigned; and (2) the payment of the applicable processing charge to cover the CITY’s review and consideration of such sale, transfer or assignment.
(c) Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by OWNER under this Agreement.

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

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

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

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

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

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

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

2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only in the manner provided for in Government Code Section 65868.1. Any amendment of this Agreement, which amendment has been requested by OWNER, shall be considered by the CITY only upon the payment of the applicable processing charge. This provision shall not limit any remedy of CITY or OWNER as provided by this Agreement. Either Party or successor in interest, may propose an amendment to or cancellation, in whole or in part, of this Agreement. Any amendment or cancellation shall be by mutual consent of the parties or their successors in interest except as provided otherwise in this Agreement or in Government Code Section 65865.1. For purposes of this section, the term “successor in interest” shall mean 1069
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any person having a legal or equitable interest in the whole of the Property, or any portion thereof as to which such person wishes to amend or cancel this Agreement. The procedure for proposing and adopting an amendment to, or cancellation of, in whole or in part, this Agreement shall be the same as the procedure for adopting and entering into this Agreement in the first instance. Notwithstanding the foregoing sentence, if the CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to the OWNER of its intention to initiate such proceedings at least sixty (60) days in advance of the giving the public notice of intention to consider the amendment or cancellation.

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

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

2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section

2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement including issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications.

Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, 1070
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no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY for residential units on which construction has not yet begun shall be refunded to OWNER by CITY.

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

If to CITY:

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

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

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

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

3. DEVELOPMENT OF THE PROPERTY.

3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, 1071
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the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Development Plan.

3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.

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

City of Camarillo (1984) 37 Ca1. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment.

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

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

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

3.5 Changes and Amendments. The parties acknowledge that refinement and further development of the Project will require Subsequent Development Approvals and 1072
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may demonstrate that changes are appropriate and mutually desirable in the Existing Development Approvals. In the event OWNER finds that a change in the Existing Development Approvals is necessary or appropriate, OWNER shall apply for a Subsequent Development Approval to effectuate such change, and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement including the Reservations of Authority. If approved, any such change in the Existing Development Approvals shall be incorporated herein as an addendum to Exhibit “C” and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY’s reasonable discretion, a change to the Existing Development Approvals shall be deemed “minor” and not require an amendment to this Agreement provided such change does not:
(a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height and size of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole; or,
(e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.

3.6 Reservations of Authority.

3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the CITY shall not be prevented from applying new rules, regulations and policies upon the OWNER, nor shall a development agreement prevent the CITY from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations and policies where the new rules, regulations and policies consist of the following:
(a) Processing fees by CITY to cover costs of processing applications for development approvals or for monitoring compliance with any development approvals;
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records and any other matter of procedure;
(c) Regulations, policies and rules governing engineering and construction standards and specifications applicable to public and private improvements, including all uniform codes adopted by the 1073
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CITY and any local amendments to those codes adopted by the CITY; provided however that, OWNER shall have a vested right to develop the Property in accordance with, and to the extent of, the standards and specifications that are expressly identified in the Specific Plan;
(d) Regulations that may conflict with this Agreement and the Development Plan but that are reasonably necessary to protect the residents of the project and/or of the immediate community from a condition perilous to their health or safety;
(e) Regulations that do not conflict with those rules, regulations and policies set forth in this Agreement or the Development Plan; (f) Regulations that may conflict but to which the OWNER consents.

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

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

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

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

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

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

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

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

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

3.7.6 OWNER agrees that development of the project shall require the design and construction of three (3) non-DIF traffic signals at Haven Avenue and “Future Street”, Haven Avenue and Street “B”, and Bethany Way and Mill Creek Avenue; and one (1) DIF credit eligible traffic signal at Haven Avenue and Chino Avenue. 1075
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Modification of one (1) existing DIF credit eligible traffic signals at Haven Avenue and Riverside Drive, as described in the attached Exhibit E and depicted in Exhibit F consisting generally of the construction of the signal modifications to serve the Property. OWNER shall complete traffic signals prior to the fiftieth (50th) percentile building permit within a development phase in which the signal is required.

3.8 Acquisition of Offsite Provision of Real Property Interests. In any instance where OWNER is required by any Development Approval or Land Use Regulation and the Construction Agreement to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), the CITY and OWNER shall cooperate in acquiring the necessary legal interest (“Offsite Property”) in accordance with the procedures set forth in Section 2.4 of the Construction Agreement. This section 3.8 is not intended by the parties to impose upon the OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that the OWNER elects to proceed with the development of the Project, and then only in accordance with valid conditions imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority.

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

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

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

3.8.2 Owner’s Option to Terminate Proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to making an offer to the owner of the Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease all acquisition proceedings with respect to that Non-Construction 1076
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Agreement Offsite Property, whereupon CITY shall cease such proceedings. CITY shall provide written notice to OWNER no later than fifteen (15) days prior to the date of the hearing on CITY’S intent to consider the adoption of a resolution of necessity as to any Non-Construction Agreement Offsite Property. At any time within that fifteen (15) day period, OWNER may, at its option, notify CITY that it wants CITY to cease condemnation proceedings, whereupon CITY shall cease such proceedings. If OWNER does not notify CITY to cease condemnation proceedings within said fifteen (15) day period, then the CITY may proceed to consider and act upon the Non-Construction Agreement Offsite Property resolution of necessity. If CITY adopts such resolution of necessity, then CITY shall diligently institute condemnation proceedings and file a complaint in condemnation and seek an order of immediate possession with respect to the Non-Construction Agreement Offsite Property.

3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. CITY agrees to cooperate fully, at no cost to CITY, with OWNER in obtaining any required permits or compliance with the regulations of other public agencies provided such cooperation is not in conflict with any laws, regulations or policies of the CITY.

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

4. PUBLIC BENEFITS.

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

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

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

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

Credit for such private recreational facilities areas shall be limited to a maximum of 50% of the foregoing park development requirement. If OWNER’s Project does not provide dedicated and developed park acreage equal to two (2) acres per 1,000 projected population, OWNER shall pay a fee in-lieu equal to the per acre estimated costs of acquisition and development of parkland in the City’s Development Impact Fee for the calculated park acreage deficiency. Such in-lieu fee shall be due and payable prior to the issuance of the first building permit for Production Units issued to OWNER. Any park dedication and/or improvements in excess of such two (2) acres per thousand standard, provided such park has been developed in accordance with the City’s park standards and is open to the public generally, shall entitle OWNER to a credit toward its obligations under the Quimby Act (Gov. Code, § 64477) and the City’s implementing ordinance and/or resolution (collectively “Quimby Act Obligations”), and to the extent OWNER’s Quimby Act Obligations are satisfied, OWNER shall be entitled to have the City acquire such developed and publicly available parks as Non-Program Interests in accordance with Section 4.3.3 below. (Other provisions will be added that are Projectspecific, if applicable). 1078
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4.2.4 Additional Parkland Development Requirements. OWNER is responsible for construction of the 2.20-acre and 2.53-acre parks designated as Lots A and B, respectively, of Tentative Tract Map No. 20526, including any related recreational facilities to be provided therein. OWNER shall submit the design of the park for approval along with the first B-map entitlement within the A-map area. OWNER shall begin construction of the park no later than the issuance of the 315th production building permit for occupancy within the A-map area; and (iii) complete construction prior to issuance of the 500th production building permit for occupancy within the A-map area. The above thresholds are based on current density projections and may be adjusted proportionally upon approval of subsequent Bmaps, considering actual densities and phasing. Any modifications to these milestones must be mutually agreed upon by CITY and OWNER and documented in subsequent written agreements or entitlements.

4.3 Responsibility for Construction of Public Improvements.

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

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

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

To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’s Development Impact Fee Program and such public improvements are not included the Construction Agreement between CITY and NMC Builders LLC, CITY agrees that CITY shall issue DIF Credit and DIF Reimbursement in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER. Limitation on the use of DIF Credit issued to OWNER to offset OWNER’s DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. OWNER may also be eligible 1079
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to receive reimbursement from DIF collected by CITY and paid by other development that benefits from OWNER’s construction of DIF Program Infrastructure. Any such DIF Reimbursement shall be subject to a Fee Credit Agreement between CITY and OWNER. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY’s adopted policies applicable to such agreements.

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

4.4 Affordable Housing Requirement.

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

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

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

4.4.2.1 New Construction. If OWNER elects to fully or partially satisfy the affordable housing requirement by the construction of new residential units, it shall construct and restrict the affordability of residential dwelling units within its Project or, at OWNER’s option and with the approval of the City, within another project elsewhere within the City. The affordable units constructed shall be intermingled with other units as part of the Project, and shall be built to the same construction, design and aesthetic standards, as well as number of rooms, as other units constructed as part of that OWNER’s Project. In addition, the percentage ratio of affordable units offered for sale versus those offered for rent shall equal the percentage ratio of other units offered for sale versus for rent within OWNER’s Project. Such construction shall be completed no later than the date that is five (5) years following the issuance of the first building permit for OWNER’s Project; provided however that to the extent OWNER has not constructed the required percentage of units, based on the number of building permits for non-restricted units, OWNER shall, prior to the issuance of such building permits, provide security 1080
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(in the form and substance approved by the City Manager and City Attorney) to City in order to ensure the faithful completion of such required percentage of construction of affordable units. If OWNER elects the option of constructing new affordable units, a detailed Affordable Housing Agreement specifying terms for the allowable monthly housing costs or rents (as applicable) and maintenance and occupancy standards shall be prepared, executed and recorded against such units as a condition to the issuance of a building permit. The Affordable Housing Agreement shall hold a recorded priority position senior to any other non-statutory lien or encumbrance affecting the unit.

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

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

If OWNER has partially complied with the requirements of Section 4.4.1 by 1081
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construction or rehabilitation of less than the minimum number of units, then the Affordability In-lieu Fee shall be recalculated and reduced in consideration of the number and type of affordable units provided. The Affordability In-Lieu Fee shall be paid by OWNER to City no later than prior to the issuance of each building permit within OWNER’s Project based on the square footage of the residential unit for which such building permit is sought; provided however that OWNER may, at OWNER’s election, pre-pay such Affordability In-Lieu Fee by paying such Affordability In-Lieu Fee within thirty (30) days following the earliest discretionary approval by the City for OWNER’s Project, including, but not limited to, any general plan amendment, specific plan adoption, development agreement, tentative map approval, variance, conditional use permit, or resolution of intention to form any public financing mechanism. The Three Dollars Thirty-Seven Cents ($3.37 Two Dollars Ninety-Six ($2.96) per square foot amounts shall automatically be increased annually, commencing on July 1, 2024, and automatically each July 1 thereafter. Such adjustment shall be based on the percentage increase (but no decrease) in the Consumer Price Index (Riverside - San Bernardino - Ontario, CA) (December 2017=100) over the preceding year. The pre-paid Affordability In-Lieu Fee shall be calculated based on the maximum floor area ratio (FAR) permitted within the General Plan and any applicable FAR contained within the applicable specific plan, whichever is greater, and the Maximum Development Density. For purposes of this Agreement, “Maximum Development Density” shall be determined by multiplying the OWNER’s Project’s density for residential development potential as set forth in the General Plan or the applicable Specific Plan, whichever is less, by the net acreage of land within OWNER’s Project. All “Affordability In-Lieu Fees” collected by the City shall be used to promote the construction of affordable housing within the City.

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

4.4.2.5 Transfer of Affordable Project. No transfer of title to any affordable housing project shall occur without the prior written consent of the City. In the event OWNER transfers title to any affordable housing project required to be constructed pursuant to this Agreement to a non-profit entity, or other entity, that receives an exemption from ad valorem real property taxes, the City shall be required to assure payment of an annual in lieu fee to the City on July 1 of each year equal to one-tenth of one percent (0.1%) of the 1082
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assessed value of such project. The City may permit OWNER to satisfy this obligation by recorded covenants against the property and enforceable against said entity by the City. Any such covenants shall be approved by the Planning Director and the City Attorney.

4.5 Schools Obligations.

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

4.6 Net MDD/Water Availability Equivalents.

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

4.6.1 Assigned Net MDD/Water Availability Equivalents. The City has agreed with NMC Builders LLC to reserve exclusively for Members of NMC Builders, including OWNER, Net MDD made available through the construction of water system improvements funded by NMC Builders LLC. NMC Builders has assigned 1083
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to OWNER its allocable share of the Net MDD issued by City. The provisions of the Construction Agreement Amendment requires that the City shall not approval a final tract map or issue building permits or certificates of occupancy for the area of development within the New Model Colony served by the water system improvements funded by NMC Builders LLC, except to the bearer of an Assignment of Net MDD Water Availability.

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

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

4.6.2 Use of Assigned Net MDD Water Availability. OWNER shall provide evidence of sufficient Net MDD Water Availability Equivalents (or portions thereof) prior to and as a condition precedent to, the City’s approval of any and all tract maps for the Property. The amount of Net MDD Water Availability Equivalents 1084
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required for City’s approval of a tract map shall be based upon water demand factors and assumptions listed in Exhibit C-2R of the Construction Agreement Amendment as “Water Demand Equivalents by Land Use” for each land use category.

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

4.7 Storm Water Capacity Availability.

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

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

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

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

4.9 Compliance with Public Benefits Requirements.

4.9.1 Failure to Provide Public Benefits. In the event OWNER fails or refuses to comply with any condition referenced in Section 4.1 through 4.9, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 8.4 hereof, thereby entitling the City to any and all remedies available to it, including, without limitation, the right of the City to withhold OWNER’s Project1085 -27-
related building permits, certificates of occupancy, or discretionary approvals, without liability.

5. FINANCING OF PUBLIC IMPROVEMENTS.

5.1 Financing Mechanism(s). In accordance with the Memorandum of Agreement between the CITY and NMC Builders, CITY will cooperate with OWNER in the formation of a CFD, or CFDs, to include all of the Project, to provide a financing mechanism to reimburse the OWNER for funds paid to NMC Builders LLC for OWNER’s share of the costs of public infrastructure pursuant to the Construction Agreement and to acquire other public facilities constructed by OWNER subject to the provisions of the Memorandum of Agreement between CITY and NMC Builders LLC. Notwithstanding such reimbursements and acquisitions, OWNER shall remain entitled to DIF Credits as provided for in Article 3 of the Construction Agreement and/or as provided for in a separate Fee Credit Agreement between CITY and OWNER. OWNER agrees that, prior to the recordation of any Tract Map for the Property, the Property shall be included in a CFD to finance City services through annual special taxes that will initially be $1,371.52 per Single Family Detached Dwelling Unit, $1,188.58 per Multiple-Family Dwelling Unit, $996.75 per Gated Apartment Community Dwelling Unit, and $.25 per square foot for Non-Residential buildings. These amounts shall be subject to an automatic increase at a rate not to exceed four (4%) percent per year, unless modified by CITY. CITY shall be the sole and exclusive lead agency in the formation of any CFD, assessment district or other public financing mechanism within the Property; provided however, that the proceeds of any such CFD, assessment district, or financing mechanism may be used, subject to restrictions that may be imposed by applicable law, for the purposes of acquiring, constructing or maintaining public facilities to be owned or operated by other public agencies, including, without limitation those facilities owned or operated by a school district. In addition to the rights of the CITY pursuant to section 5.2 hereof, CITY shall have the right, but not the obligation, to condition the formation of any CFD, assessment district or other public financing mechanism within the Property on the OWNER mitigating all Project-related impacts to the applicable school district(s) as required by such school district(s). Written evidence by such school district(s) may be required by the CITY as the condition to the formation of any CFD, assessment district or other public financing mechanism within the Property, or any steps preliminary thereto, including, without limitation, the adoption of any resolution of intention to form such CFD, assessment district or other public financing mechanism within the Property. It is not the intent of the parties hereto, by this provision, to prohibit or otherwise limit the City’s ability to take any and all necessary steps requisite to the formation of the CFD to finance City services through annual special taxes as set forth in this Section 5.1. Formation of any CFD, assessment district or other public financing mechanism within the Property, shall be subject to CITY’s ability to make all findings required by applicable law and complying with all applicable legal procedures and requirements including, without limitation, CITY’s public financing district policies as such policies may be amended from time to time.

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

6.1 Periodic and Special Reviews.

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

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

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

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

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

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

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

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

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

6.4 Certificate of Agreement Compliance. If, at the conclusion of a Periodic or Special Review, OWNER is found to be in compliance with this Agreement, CITY shall, upon written request by OWNER, issue a Certificate of Agreement Compliance (“Certificate”) to OWNER stating that after the most recent Periodic or Special Review and based upon the information known or made known to the Planning Director and City Council that (1) this Agreement remains in effect and (2) OWNER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate 1088
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with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.

7. [RESERVED]

8. DEFAULT AND REMEDIES.

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

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

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

8.3 Release. Except for nondamaged remedies, including the remedy of specific performance and judicial review as provided for in Section 6.5, OWNER, for itself, its successors and assignees, hereby releases the CITY, its officers, agents and 1089
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employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement.

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

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

9. THIRD PARTY LITIGATION.

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

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

9.2 Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, 1090
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officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

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

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

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

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

10. MORTGAGEE PROTECTION.

The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’s sole discretion, from encumbering the Property or any portion 1091
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thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with OWNER and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by OWNER in the performance of OWNER’s obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement.

Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of OWNER’s obligations or other affirmative covenants of OWNER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by OWNER is a condition precedent to the performance of a covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY’s performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement.

11. MISCELLANEOUS PROVISIONS.

11.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the San Bernardino County Recorder by the City Clerk within the ten (10) days after the CITY executes this Agreement, as required by Section 65868.5 of the Government Code. If the parties to this Agreement or their successors in interest amend or cancel this Agreement as provided for herein and in Government Code Section 65868, or if the CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant 1092
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to comply in good faith with the terms or conditions of this Agreement, the City Clerk shall have notice of such action recorded with the San Bernardino County Recorder.

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

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

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

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

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

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

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

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

11.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its 1093
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rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

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

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

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

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

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

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

11.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the 1094
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terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

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

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

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

11.20 Estoppel Certificate. Within thirty (30) business days following a written request by any of the parties, the other party shall execute and deliver to the requesting party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured 1095
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defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs incurred by CITY in connection with the issuance of estoppel certificates under this Section 11.20 prior to CITY’s issuance of such certificates.

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

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

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

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

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

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

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

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

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

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

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

INITIALS. BY INITIALING BELOW, OWNER KNOWINGLY AND VOLUNTARILY WAIVES THE PROVISIONS OF SECTION 1542 SOLELY WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:
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_______________
(Owner's Initials)
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
1097
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SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT FILE NO. PDA22=004
"OWNER"
American Superior Land, LLC
a Delaware limited liability company

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

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

CITY OF ONTARIO
By:

Scott Ochoa
City Manager
Date: ___________________
ATTEST:

City Clerk, Ontario
APPROVED AS TO FORM:

BEST BEST KRIEGER, LLP
City Attorney
1098

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. 1099
D-1

ACKNOWLEDGEMENT

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

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

WITNESS my hand and official seal.

Signature________________________________
Signature of Notary Public
Place Notary Seal Above
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. 1100
D-1
EXHIBIT "A"

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

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

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

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

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

Except therefrom all public streets and highways.

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

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

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

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

PARCEL 3B:

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

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

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

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

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

TO DEVELOPMENT AGREEMENT
Map showing Property and its location
1103
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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.
1104
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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
1105
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EXHIBIT "E"

TO DEVELOPMENT AGREEMENT
Description of Required Infrastructure Improvements
PHASE 1 IMPROVEMENTS

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

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

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

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

5. SW within Lots 1 and 2 between

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

26.Traffic Signal at Haven Avenue and Chino Avenue.

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

28.Traffic Signal at Bethany Way and Mill Creek Avenue. 1106
PHASE 2 IMPROVEMENTS

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

2. PW on Streets “D” and “G”.

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

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

5. SD on Chino Avenue between Lot 12 and Haven Avenue.

6. FO on Streets “D” and “G”.

7. ST improvements on Street “D” and “G”.

PHASE 3 IMPROVEMENTS

1. SW on Street “C”, between Riverside Drive and Street “H”.

2. PW on Street “C”, between Riverside Drive and Street “H”.

3. RW on Street “C”, between Riverside Drive and Street “H”.

4. SD on Street “C”, between Riverside Drive and Street “H”.

5. FO on Street “C” between Riverside Drive and Street “H”.

6. ST improvements on Riverside Drive, between Haven Avenue and easterly tract boundary.

7. ST improvements on Street “C”, between Riverside Drive and Street “H”.

8. Traffic Signal at Haven Avenue and Future Street.
1107
EXHIBIT “F”

TO DEVELOPMENT AGREEMENT
Depiction of Required Infrastructure Improvements
(SEE ATTACHED EXHBITS)
1108
1109
1110
1111
1112
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:_________________________________
1113
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:
1114
Exhibit “I-1”

ONTARIO RANCH

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

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

2. 925 Zone Transmission lines – Design and Construction

3. Temporary Pressure Reducing Station3 – Design and
Construction
Phase 2B
Supply & Storage

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

5. 1 – 6 million gallon Reservoir – 925 Zone – Design and Construction
10,500 gpm2 9,860 gpm2
(1) Upon Completion of the construction of all of the improvements described for each Phase a Certificate of Net MDD Availability shall be issued to Developer for the corresponding amount of Net MDD. Net MDD means the maximum daily demand on the potable water supply, net of the water requirements for public schools and parks. The Water Availability Equivalency includes the estimated requirements for public schools and parks. The amount of Net MDD specified is the cumulative amount for which building permits may be issued upon funding of the corresponding and all preceding Phases of improvements.
(2) The ability of a particular development to utilize Net MDD assigned to it by the Developer will require the completion of design and construction of Master-planned potable and recycled water transmission and distribution pipelines for the respective pressure zone. Other factors may include its location, the particular land use and Water Availability Equivalents assigned to it as specified in Exhibit C-2. (3) Pressure reducing stations are a component of the pipeline transmission and distribution system. 1115
EXHIBIT “I-2”
Exhibit “J”
Available Water Supply - See Exhibit C-1R for Net MDD Available Table A - Water Demand Equivalents By Land Use
Water
Demand
Equivalents
(WDE)2
Recycled
Water
Demand
Factor1
(ADD)
Recycled
Water
Demand Of
Total Water
Demand
(gpd/du) (gpd/ac) (gpm/unit) (gpd/ac) (%)
Detached Dwellings (less than 5 units per acre) 544 0.57 900 28% Detached or Attached Dwellings (between 5 and 11 units per acre) 464 0.48 1,000 21% Attached Dwellings (between 11 and 25 units per acre) 323 0.34 1,500 18% High Density Dwellings (25+ units per acre) 152 0.16 1,500 27% Commercial Lodging 150 0.16 1,700 50%
Retail/Services Uses 2,200 2.29 2,300 51%
Office Uses 3,400 3.54 2,300 40%
Business Park Uses 2,200 2.29 2,200 50%
Industrial Uses 2,000 2.08 2,200 52%
Institutional Use 2,200 2.29 1,600 42%
Parks 1,000 1.04 1,400 58%
Schools 3,500 3.65 1,600 31%
Table B - Example Water Supply Calculation
Land Use Residential
Units
WDE Factor
(gpm)
Potable
MDD
(gpm)
Development
Detached Dwellings (less than 5 units per acre) 5,061 0.57 2,868 Detached or Attached Dw ellings (betw een 5 and 11 units per acre) 2,530 0.48 1,223 Attached Dwellings (between 11 and 25 units per acre) 3,410 0.34 1,147 Retail/Services Uses (per acre)2 2.29 239
TOTAL 11,001 5,477
Three (3) Wells Are required to Support this example, assuming each w ell produces 2,000 gpm and connection to the Recycled Water System maximizing Recycled Water Use. 1 Residential Acres are estimated based on the w eighted average derived from the average number of units per land use category. 2 Commercial acreage is calculated from a total square footage of 1,361,000 SF w ith an average Floor to Area Ratio (FAR) of 0.30 for commercial services in The Ontario Plan. 1 Recycled Water Demands include irrigation for right-of-w ay (medians and parkw ays), neighborhood edge, pocket parks, and common areas.

The Ontario Plan Potable Water Recycled Water
Land Use
1,428
166
194 202
1,950
1,284
Acres1
(gross)
104
369
803
Recycled
Water ADD
(gpm)
Water Demand Factor
(ADD)
256
2 The WDE is based on the Maximum Day Demand (MDD) w ith a peaking factor of 1.5 in the NMC for all land use categories. 1116
Form of Plume Disclosure Letter
1117
Department: Planning
Prepared By: Alexis Vaughn
Staff Member Presenting: Rudy Zeledon,
Executive Director Community Development
Approved By:

Submitted To: Council/OHA
Approved: _______________________________
Continued To: ___________________________
Denied: __________________________________
Item No: 20
SUBJECT: A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE AVENUE SPECIFIC PLAN, FILE NO. PSPA22-005

CITY OF ONTARIO
Agenda Report
March 18, 2025
SECTION:

PUBLIC HEARINGS
RECOMMENDATION: That the City Council consider and adopt:

A. Resolution approving the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (TOP 2050 SEIR);
B. Resolution approving File No. PSPA22-005, an Amendment to the Avenue Specific Plan to: 1) modify the land use designation of Planning Area 4 and apply density modifications to Planning Areas 1B, 2A, 3B, and 5 for consistency with the Ontario Plan 2050 land use plan; 2) apply general modifications throughout the document for clarity; and 3) make exhibit and text updates throughout the document to support the project, for land located at the northwest corner of Archibald Avenue and Ontario Ranch Road.

THE FOLLOWING COUNCIL GOALS ARE BEING ACHIEVED:

Operate in a Businesslike Manner
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.

BACKGROUND & ANALYSIS: On February 16, 2007, the City Council approved The Avenue Specific Plan. On January 27, 2010, the Ontario City Council certified The Ontario Plan Environmental Impact Report in conjunction with File No. PGPA06-001 (City Council Resolution No. 2010-006), and on August 16, 2022, the Ontario City Council certified The Ontario Plan 2050 Update Supplemental Environmental Impact Report in conjunction with File No. PGPA20-002 (City Council Resolution No. 2022-129). The Ontario Plan 2050 and associated Environmental Impact Report analyzed the Project site and established guidelines for development, including but not limited to, general land use and intensity (Low-Density Residential – LDR, 2.1 to 5.0 du/ac, Medium-Density Residential – MDR, 11.1 to 25.0 du/ac, and Public School - PS).

On July 14, 2022, the Applicant submitted an application for an amendment to The Avenue Specific 1118
Plan (File No. PSPA22-005), along with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report. The Addendum document is appended to Attachment B: Addendum Resolution, and the proposed amended Specific Plan is appended to Attachment C: Resolution for File No. PSPA22-005. Lastly, the redlined version of the amended Specific Plan is available for reference and is appended to Attachment D: Planning Commission Back-up.

On February 25, 2025, the Planning Commission conducted a public hearing regarding the Project and related Addendum, and recommended City Council approval by a vote of (4-0).

ANALYSIS: The Specific Plan Amendment consists of exhibit, text changes to accommodate land use and density modifications to Planning Areas 4, 1B, 2A, 3B, and 5, and to bring the Specific Plan’s Land Use Plan into consistency with The Ontario Plan 2050 Land Use Plan (see Exhibit B: Existing and Proposed Specific Plan Land Use Plan, Exhibit C: Existing The Ontario Plan 2050 Land Use Plan, and Exhibit D: Proposed Specific Plan Land Use Table, appended to this report as Attachment A:

Agenda Report Exhibits).

Major changes to the Specific Plan Land Use Table are summarized as follows:

Total gross acreage will remain the same and the net acreage has been updated to more accurately reflect existing conditions.

Total number of dwelling units will increase from 2,981 to 3,753 units and commercial square footage will increase from 130,680 to 335,176 square feet.

For clarity, each land use within a Planning Area has been provided a designated line on the land use table, whereas previously, no such distinctions were made.

Adjustments have been made throughout the table to accurately reflect existing conditions and development information for built-out Planning Areas.

The Land Use Table footnotes have been revised to provide further clarification on certain conditions and restrictions for development of the Specific Plan area, including:

The realignment of Schaefer Avenue, which creates the need for Planning Area C, as it is under separate ownership from Planning Area 1A.

The requirement for all acreages to be further defined through tract map surveys.

The potential need for additional studies to transfer dwelling units between Planning Areas.

The requirements for and ultimate allowance of density blending between Planning Areas at a rate no higher than 15 percent. If units are blended within a Planning Area or moved between Planning Areas, then Technical Studies for impacts to the Water and Sewer Master Plan Systems will be required as part of the entitlement process.

While the main goal of the Specific Plan Amendment is to bring the Land Use Plan into consistency with The Ontario Plan 2050 Land Use Plan and to provide document clean-up, the Specific Plan Amendment will facilitate the future development of the Specific Plan Area.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan 2050.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the 1119
Policy Plan (general plan) component of The Ontario Plan, as 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.

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.

On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the decision-making body for the Project, the City Council has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the City Council 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.

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

ENVIRONMENTAL REVIEW: The Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA) and an Addendum to The Ontario Plan 2050 Certified Subsequent Final Environmental Impact Report (SEIR, File No. PGPA) was prepared to determine possible environmental impacts. The addendum analyzed the following environmental categories: aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and 1120
hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, wildfire, and mandatory findings of significance. The addendum compared Project impacts with those identified in the Certified SEIR and found that the Project would not result in: 1) substantially different or increased impacts when compared to those in the Certified SEIR; 2) any new significant impacts not already considered and addressed in the Certified SEIR; or 3) any substantial increase in the severity of, or substantial change in a previously-identified environmental impacts considered and addressed in the Certified SEIR. The Project was found to be consistent with the Certified SEIR and does not necessitate preparation of an additional subsequent or supplemental EIR.

The Addendum included an array of studies and assessments, including: air quality and energy assessment, greenhouse gas assessment, biological resources studies (vegetation, wildlife, Delhi Sands Fly), Phase 1 Environmental Site Assessment, noise analysis, traffic analysis, vehicle miles traveled analysis, and water supply assessment. These appendices are available for public review on the City website at https://www.ontarioca.gov/government/agendas/planning-commission 1121
Attachment A: Agenda Report Exhibits
(Document to follow this page)
1122

Exhibit A: PROJECT LOCATION MAP
1123

Exhibit B: EXISTING AND PROPOSED SPECIFIC PLAN LAND USE PLAN

EXISTING

PROPOSED
1124

Exhibit C: EXISTING THE ONTARIO PLAN 2050 LAND USE PLAN 1125

Exhibit D: PROPOSED SPECIFIC PLAN LAND USE TABLE
1126
Case Planner: Alexis Vaughn Hearing Body Date Decision Action Planning Director
Approval:

DAB N/A N/A
PC 02/25/2025 Recommend
Submittal Date: 07/14/2022 CC 03/18/2025 Final
FILE NO: PSPA22-005
SUBJECT: An amendment to The Avenue Specific Plan to: 1) modify the land use designation of Planning Area 4 and apply density modifications to Planning Areas 1B, 2A, 3B, and 5 for consistency with The Ontario Plan 2050 Land Use Plan; 2) apply general modifications throughout the document for clarity; and, 3) make exhibit and text updates throughout the document to support the Project, for land located at the northwest corner of Archibald Avenue and Ontario Ranch Road; (APNs: 0218-191-04; 0218-191-14; 0218-191-15; 0218-191-16; 0218-191-05; 0218-191-22; 0218-191-20) Submitted by Richland Communities. City Council action is required.

PROPERTY OWNER: WSI Land Holdings LLC
RECOMMENDED ACTION: That the Planning Commission consider and adopt a Resolution recommending the City Council approve the use of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (TOP 2050 SEIR) and adopt a Resolution recommending the City Council approve File No. PSPA22-005, pursuant to the facts and reasons contained in the staff report and attached Resolutions for the Addendum and the Specific Plan Amendment (Attachments A and B, respectively), and subject to the conditions of approval appended to the attached resolution for the Specific Plan Amendment as Attachment B.

BACKGROUND: On February 16, 2007, the City Council approved The Avenue Specific Plan. On January 27, 2010, the Ontario City Council certified The Ontario Plan Environmental Impact Report in conjunction with File No. PGPA06-001 (City Council Resolution No. 2010-006), and on August 16, 2022, the Ontario City Council certified The Ontario Plan 2050 Update Supplemental Environmental Impact Report in conjunction with File No. PGPA20-002 (City Council Resolution No. 2022-129). The Ontario Plan 2050 and associated Environmental Impact Report analyzed the Project site and established guidelines for development, including but not limited to, general land use and intensity (Low-Density Residential – LDR, 2.1 to 5.0 du/ac, Medium-Density Residential – MDR, 11.1 to 25.0 du/ac, and Public School - PS).

On July 14, 2022, the Applicant submitted an Application for an amendment to The Avenue Specific Plan (File No. PSPA22-005) to: 1) modify the land use designation of Planning Area 4 and apply density modifications to Planning Areas 1B, 2A, 3B, and 5 for consistency with The Ontario Plan 2050 Land Use Plan; 2) apply general modifications 303 East B Street, Ontario, California 91764 Phone: 909.395.2036 / Email: [email protected]

PLANNING COMMISSION

AGENDA REPORT
February 25, 2025
Approval
1127
Planning Commission Agenda Report
File No.: PSPA22-005
February 25, 2025

throughout the document for clarity; and, 3) make exhibit and text updates throughout the document to support the Project. The Specific Plan Amendment was submitted in association with Tentative Tract Map No. 20572 (File No. PMTT23-002) and a Development Agreement (File No. PDA23-003). The Tentative Tract Map and Development Agreement are currently under review and will be considered separately by the appropriate hearing bodies.

On November 18, 2024, the Development Advisory Board conducted a public hearing regarding the related Tentative Tract Map No. 20572 (File No. PMTT23-002) and recommended Planning Commission approval, subject to the added condition that the Applicant work with Staff on required revisions to the Map and Development Agreement prior to Planning Commission consideration.

PROJECT SETTING: The Project site consists of land located within The Avenue Specific Plan area, which is bound by Schaefer Avenue to the north, Carpenter Avenue to the west, Ontario Ranch Road and Old Edison Road to the south, and Haven Avenue to the east, which is depicted in Exhibit A: Project Location Map. The site is comprised of a mix of developed residential and commercial land uses, vacant and unimproved land, and agricultural dairy and plant nursery uses.

The Project site is surrounded by agricultural, dairy, and residential land uses and vacant land to the north, agricultural uses and vacant land to the west, residential land uses and vacant land to the east, and agricultural and residential land uses and vacant land to the south. The existing surrounding land uses, zoning, and Policy Plan (general plan) and specific plan land use designations are summarized in Table 1: Surrounding Zoning & Land Uses.

PROJECT ANALYSIS:

The Specific Plan Amendment consists of exhibit and text changes to accommodate land use and density modifications to Planning Areas 4, 1B, 2A, 3B, and 5, to bring the Specific Plan’s Land Use Plan into consistency with The Ontario Plan 2050 Land Use Plan (see Exhibit B: Existing and Proposed Specific Plan Land Use Plan, Exhibit C: Existing The Ontario Plan 2050 Land Use Plan, and Exhibit D: Proposed Specific Plan Land Use Table).

The proposed changes to the Specific Plan document are appended to Attachment B:

Resolution for File No. PSPA22-005 of this agenda report as Attachment A: File No. PSPA22- 005 Redlined Specific Plan Document.

Major changes to the Specific Plan Land Use Table are summarized as follows:
• Total gross acreage will remain the same and the net acreage has been updated to more accurately reflect existing conditions.
• Total number of dwelling units will increase from 2,981 to 3,753 units and commercial square footage will increase from 130,680 to 335,176 square feet. 1128
Planning Commission Agenda Report
File No.: PSPA22-005
February 25, 2025

• For clarity, each land use within a Planning Area has been provided a designated line on the land use table, whereas previously, no such distinctions were made. • Adjustments have been made throughout the table to accurately reflect existing conditions and development information for built-out Planning Areas. • The Land Use Table footnotes have been revised to provide further clarification on certain conditions and restrictions for development of the Specific Plan area, including:
o The realignment of Schaefer Avenue, which creates the need for Planning Area C, as it is under separate ownership from Planning Area 1A. o The requirement for all acreages to be further defined through tract map surveys.
o The potential need for additional studies to transfer dwelling units between Planning Areas.
o The requirements for and ultimate allowance of density blending between Planning Areas at a rate no higher than 15 percent. If units are blended within a Planning Area or moved between Planning Areas, then Technical Studies for impacts to the Water and Sewer Master Plan Systems will be required as part of the entitlement process.

While the main goal of the Specific Plan Amendment is to bring the Land Use Plan into consistency with The Ontario Plan 2050 Land Use Plan and to provide document cleanup, the Amendment will facilitate future development through forthcoming Tentative Tract or Parcel Maps and Development Agreements. To date, the Applicant has submitted Tentative Tract Map No. 20572, an “A Map” to subdivide Planning Area 5 into seven numbered lots and fourteen lettered lots to facilitate future subdivision and development. The Applicant has requested additional time to work with staff to address outstanding issues with the proposed map.

PUBLIC NOTIFICATION: The subject Application was advertised as a public hearing in at least one newspaper of general circulation in the City of Ontario (the Inland Valley Daily Bulletin newspaper). In addition, notices were mailed to all owners of real property located within a minimum of 600 feet of the exterior boundaries of the Project site, as shown on the records of the County Assessor.

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

AGENCY/DEPARTMENT REVIEWS: Each City agency/department has been provided the opportunity to review and comment on the subject Application and recommend conditions of approval to be imposed upon the Application. At the time of the Resolution preparation, recommended conditions of approval were provided and are appended 1129
Planning Commission Agenda Report
File No.: PSPA22-005
February 25, 2025

to the attached Specific Plan Amendment (File No. PSPA22-005) Resolution as Attachment A.

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.

On April 19, 2011, the City Council of the City of Ontario approved and adopted the ONT ALUCP, establishing the Airport Influence Area for Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and limits future land uses and development within the Airport Influence Area, as they relate to noise, safety, airspace protection, and overflight impacts of current and future airport activity. As the recommending body for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the ONT ALUCP compatibility factors, including [1] Safety Criteria (ONT ALUCP Table 2-2) and Safety Zones (ONT ALUCP Map 2-2), [2] Noise Criteria (ONT ALUCP Table 2-3) and Noise Impact Zones (ONT ALUCP Map 2-3), [3] Airspace protection Zones (ONT ALUCP Map 2-4), and [4] Overflight Notification Zones (ONT ALUCP Map 2-5). As a result, the Planning Commission 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.

On August 2, 2022, the City Council of the City of Ontario approved and adopted a Development Code Amendment to establish the Chino Airport (CNO) Overlay Zoning District (OZD) and Reference I, Chino Airport Land Use Compatibility Plan (CNO ALUCP).

The CNO OZD and CNO ALUCP established the Airport Influence Area for Chino Airport, solely within the City of Ontario, and limits future land uses and development within the Airport Influence Area, as they relate to safety, airspace protection, and overflight impacts of current and future airport activity. The CNO ALUCP is consistent with policies and criteria set forth within the Caltrans 2011 California Airport Land Use Planning Handbook. The proposed Project is located within the Airport Influence Area of Chino Airport and was evaluated and found to be consistent with the California Airport Land Use Planning Handbook and the CNO ALUCP. As the recommending body for the Project, the Planning Commission has reviewed and considered the facts and information contained in the Application and supporting documentation against the CNO ALUCP compatibility factors, including Safety, Airspace Protection, Overflight. As a result, the Planning Commission finds and determines that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the California Airport Land Use Planning Handbook and the Chino ALUCP.

COMPLIANCE WITH THE ONTARIO PLAN: The proposed Project is consistent with the principles, goals and policies contained within the Vision, Governance, Policy Plan 1130
Planning Commission Agenda Report
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February 25, 2025

(General Plan), and City Council Priorities components of The Ontario Plan 2050 (TOP 2050). More specifically, the goals and policies of TOP 2050 that are furthered by the proposed Project are as follows:
(1) City Council Goals
• Operate in a Businesslike Manner
• Ensure the Development of a Well Planned, Balanced, and Self-Sustaining Community in Ontario Ranch
(2) Governance
Decision Making
Goal G1: Sustained decision-making that consistently moves Ontario towards its Vision by using The Ontario Plan as a framework for assessing choices. • G1-1 Consistency with Policies. We require that staff recommendations to the City Council be consistent with adopted City Council Priorities (Goals and Objectives) and The Policy Pan.
• G1-2 Long-term Benefit. We require decisions to demonstrate and document how they add value to the community and support the Ontario Vision.
(3) Policy Plan (General Plan)
Land Use Element
Goal LU-1 Balance: A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.
• LU-1.1 Strategic Growth. We concentrate growth in strategic locations that help create place and identity, maximize available and planned infrastructure, foster the development of transit, and support the expansion of the active and multimodal transportation networks throughout the City. • 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.
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Goal LU-2 Compatibility: Compatibility between a wide range of uses and a 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.

Housing Element
Goal H-2 Housing Supply & Diversity: Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario. • H-2.4 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.

Community Design Element
Goal CD-2 Design Quality: A high level of design quality resulting in neighborhoods, public spaces, parks, and streetscapes that are attractive, safe, functional, human-scale, and distinct.
• CD-2.2 Neighborhood Design. We create distinct residential neighborhoods that promote a sense of community and identity by emphasizing access, connectivity, livability, and social interaction through such elements as:

1. A pattern of smaller, walkable blocks that promote activity, safety, and access to nearby amenities and services;

2. Varied parcel sizes and lot configurations to accommodate a diversity of housing types;

3. Traffic calming measures to slow traffic and promote walkability while maintaining acceptable traffic flows and emergency evacuation access;

4. Floor plans that encourage views onto the street and de-emphasize the visual and physical dominance of garages (introducing the front porch as the “outdoor living room”), as appropriate; and

5. Landscaped parkways, with sidewalks separated from the curb and designed to maximize safety, comfort, and aesthetics for all users. 1132
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• CD-2.13 Entitlement Process. We work collaboratively with all stakeholders to ensure a high degree of certainty in the efficient review and timely processing of all development plans and permits.

HOUSING ELEMENT COMPLIANCE: The Project is consistent with the Housing Element of the Policy Plan (general plan) component of The Ontario Plan, as the Project 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.

ENVIRONMENTAL REVIEW: The Application is a project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (CEQA) and an Addendum to The Ontario Plan 2050 Certified Subsequent Final Environmental Impact Report (SEIR, File No. PGPA) was prepared to determine possible environmental impacts.

The addendum analyzed the following environmental categories: aesthetics, agriculture and forestry resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation, tribal cultural resources, utilities and service systems, wildfire, and mandatory findings of significance. The addendum compared Project impacts with those identified in the Certified SEIR and found that the Project would not result in: 1) substantially different or increased impacts when compared to those in the Certified SEIR; 2) any new significant impacts not already considered and addressed in the Certified SEIR; or 3) any substantial increase in the severity of, or substantial change in a previously-identified environmental impacts considered and addressed in the Certified SEIR. The Project was found to be consistent with the Certified SEIR and does not necessitate preparation of an additional subsequent or supplemental EIR.

The Addendum included an array of studies and assessments, including: air quality and energy assessment, greenhouse gas assessment, biological resources studies (vegetation, wildlife, Delhi Sands Fly), Phase 1 Environmental Site Assessment, noise analysis, traffic analysis, vehicle miles traveled analysis, and water supply assessment.

These appendices are on available for public review on the City website at https://www.ontarioca.gov/government/agendas/planning-commission 1133
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February 25, 2025

TECHNICAL APPENDIX:

Table 1: Surrounding Zoning and Land Uses
Existing
Land Use
Policy Plan
Designation
Zoning
Designation
Specific Plan
Land Use
Site
Residential, Commercial
Agricultural, Dairy,
Vacant Land
Low Density Residential
(LDR, 2.1-5.0 du/ac),
Low-Medum Density
Residential (LMDR, 5.1-
11 du/ac), Medium
Density Residential
(MDR, 11.1-25 du/ac),
Public School (PS),
General Commercial
(GC), Neighborhood
Commercial (NC),
Open Space – Non
Recreation (OS-NR)
The Avenue Specific
Plan
Low Density Residential,
Low Medium Density
Residential, Medium
Density Residential,
Retail/Commercial,
School, Park, SCE
Easement, and Storm
Drain Easement
North Residential, Agricultural,
Dairy, Vacant Land
Low Density Residential
(LDR, 2.1-5.0 du/ac),
Open Space – Non
Recreation (OS-NR)
Specific Plan –
Agricultural Overlay (SPAG), Countryside
Specific Plan, West
Haven Specific Plan,
and Utility Corridor (UC)
Cucamonga Basis, Deer
Creek Channel,
Neighborhood 8 (RD5,500), and So. Cal.

Edison Easement land
use districts of the
Countryside Specific
Plan; SCE Easement
land use district of the
West Haven Specific
Plan
South Residential, Agricultural,
Vacant Land
Low Density Residential
(LDR, 2.1-5.0 du/ac),
Medium Density
Residential (MDR, 11.1-
25 du/ac), Public School
(PS), Open Space – Non
Recreation (OS-NR),
Mixed Use (MU)
Parkside Specific Plan
and Grand Park
Specific Plan
Planning Areas 12, 13,
15, 17 (Multi-Family
Attached) and Planning
Area 21 (Commercial)
of the Parkside Specific
Plan; High-Density
Residential,
High/Elementary
School, and Low-Density
Residential land use
districts of the Grand
Park Specific Plan
East Residential, Vacant
Land Mixed Use (MU) Rich-Haven Specific
Plan
Regional Commercial
and Stand Alone
Residential Overlay
West Agricultural, Vacant
Land
Low Density Residential
(LDR, 2.1-5.0 du/ac),
Medium Density
Residential (MDR, 11.1-
25 du/ac), Open Space
– Non Recreation (OSNR)
Specific Plan –
Agricultural Overlay (SPAG)N/A
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Exhibit A: PROJECT LOCATION MAP
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Planning Commission Agenda Report
File No.: PSPA22-005
February 25, 2025

Exhibit B: EXISTING AND PROPOSED SPECIFIC PLAN LAND USE PLAN

EXISTING

PROPOSED
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February 25, 2025

Exhibit C: EXISTING THE ONTARIO PLAN 2050 LAND USE PLAN 1137
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File No.: PSPA22-005
February 25, 2025

Exhibit D: PROPOSED SPECIFIC PLAN LAND USE TABLE
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Attachment A:

Resolution Recommending Approval of an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report
(Document to follow this page)
1139
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File No.: PSPA22-005
February 25, 2025

Attachment B:

Resolution for File No. PSPA22-005
(Document to follow this page)
1140
RESOLUTION NO. PC25-012

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO RECOMMENDING THE CITY COUNCIL APPROVE THE USE
OF AN ADDENDUM TO THE ONTARIO PLAN 2050 SUPPLEMENTAL

ENVIRONMENTAL IMPACT REPORT, PURSUANT TO THE

REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT, AS AMENDED, FOR FILE NO. PSPA22-005.

WHEREAS, RICHLAND COMMUNITIES (hereinafter referred to as "Applicant") has filed an Application for the approval of a Specific Plan Amendment, File No. PSPA22- 005, which consists of an amendment to The Avenue Specific Plan to: 1) modify the land use designation of Planning Area 4 and apply density modifications to Planning Areas 1B, 2A, 3B, and 5 for consistency with The Ontario Plan 2050 Land Use Plan; 2) apply general modifications throughout the document for clarity; and, 3) make exhibit and text updates throughout the document to support the Project, for land located at the northwest corner of Archibald Avenue and Ontario Ranch Road, in the City of Ontario, California (hereinafter referred to as "Application" or "Project"); and WHEREAS, the City of Ontario certified the Environmental Impact Report prepared for The Ontario Plan and associated Statement of Overriding Considerations, and issued Resolution No. 2010-003; and
WHEREAS, the City of Ontario adopted the Policy Plan (General Plan) as part of the component framework for The Ontario Plan on January 27, 2010, and issued Resolution No. 2010-004; and
WHEREAS, the City of Ontario certified the Supplemental Environmental Impact Report (SEIR), for the General Plan Amendment for The Ontario Plan 2050 Technical Update on August 16, 2022; and
WHEREAS, the Planning Director of the City of Ontario has prepared and approved for attachment to the certified Supplemental Environmental Impact Report, an Addendum to the Certified SEIR (hereinafter referred to as "SEIR Addendum") in accordance with the requirements of the California Environmental Quality Act of 1970, together with State and local guidelines implementing said Act, all as amended to date (collectively referred to as "CEQA"); and
WHEREAS, the SEIR Addendum concluded that implementation of the Project could result in a number of significant effects on the environment that were previously analyzed in the Certified SEIR, and that the Certified SEIR identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; and 1141
Planning Commission Resolution
Addendum to The Ontario Plan 2050 SEIR - File No. PSPA22-005 February 25, 2025

WHEREAS, pursuant to State CEQA Guidelines Section 15164(a), a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary to a project, but the preparation of a subsequent or supplemental EIR is not required; and
WHEREAS, the City determined that none of the conditions requiring preparation of a subsequent or supplemental EIR would occur from the Project, and that preparation of an Addendum to the Certified SEIR was appropriate; and WHEREAS, the City of Ontario is the lead agency on the Project, and the Planning Commission is the recommending authority for the requested approval to construct and otherwise undertake the Project; and
WHEREAS, the Planning Commission has reviewed and considered the SEIR Addendum for the Project, has concluded that none of the conditions requiring preparation of a subsequent supplemental EIR have occurred, and intends to take actions on the Project in compliance with CEQA and state and local guidelines implementing CEQA; and
WHEREAS, the SEIR Addendum for the Project is on file in the Planning Department, located at 303 East B Street, Ontario, CA 91764, is available for inspection by any interested person at that location and is, by this reference, incorporated into this Resolution as if fully set forth herein; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.

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

SECTION 1: Environmental Determination and Findings. As the recommending authority for the Project, The Planning Commission has reviewed and considered the information contained in the administrative record for the Project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission finds as follows:
(1) The environmental impacts of this Project were reviewed in conjunction with an Addendum to The Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364), certified by the Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002; and
1142
Planning Commission Resolution
Addendum to The Ontario Plan 2050 SEIR - File No. PSPA22-005 February 25, 2025

(2) The EIR Addendum and administrative record have been completed in compliance with CEQA, the State CEQA Guidelines, and the City of Ontario Local CEQA Guidelines; and
(3) The City's "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. This Application introduces no new significant environmental impacts; and (4) All previously adopted mitigation measures shall be a condition of Project approval, as they are applicable to the Project, and are incorporated herein by this reference; and
(5) The SEIR Addendum contains a complete and accurate reporting of the environmental impacts associated with the Project, and reflects the independent judgment of the Planning Commission; and
(6) There is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts.

SECTION 2: Additional Environmental Review Not Required. Based on the Addendum, all related information presented to the Planning Commission, and the specific findings set forth in Section 1, above, the Planning Commission finds that the preparation of a subsequent or supplemental Environmental Impact Report is not required for the Project, as the Project:
(1) Does not constitute substantial changes to the Certified SEIR that will require major revisions to the Certified SEIR 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 SEIR was prepared, that will require major revisions to the Certified SEIR 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 SEIR was certified/adopted, that shows any of the following:
(a) The Project will have one or more significant effects not discussed in the Certified SEIR; or
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Planning Commission Resolution
Addendum to The Ontario Plan 2050 SEIR - File No. PSPA22-005 February 25, 2025

(b) Significant effects previously examined will be substantially more severe than shown in the Certified SEIR; 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 SEIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.

SECTION 3: Planning Commission Action. Based upon the findings and conclusions set forth in Sections 1 and 2, above, the Planning Commission hereby recommends the City Council finds that based upon the entire record of proceedings before it, and all information received, that there is no substantial evidence that the Project will constitute substantial changes to the Certified SEIR, and does hereby approve the SEIR Addendum, attached hereto as "Attachment A," and incorporated herein by this reference.

SECTION 4: 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 5: 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 6: Certification to Adoption. The Secretary shall certify to the adoption of the Resolution.
- - - - - - - - - - - - - -
1144
1145
1146
Planning Commission Resolution
Addendum to The Ontario Plan 2050 SEIR - File No. PSPA22-005 February 25, 2025

ATTACHMENT A:

Addendum to The Ontario Plan 2050
Supplemental Environmental Impact Report
related to PSPA22-005
(Addendum to follow this page)
1147
The Avenue Specific Plan
2024 Amendment
Addendum to The Ontario Plan Certified EIR
(SCH No. 2021070364)
Prepared for:

City of Ontario
303 East B Street
Ontario, CA 91764
Prepared by:

Applied Planning, Inc.
11762 De Palma Road
1C-310
Corona, CA 92883
May 2024
1148

1.0 INTRODUCTION
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The Avenue Specific Plan, 2024 Amendment Introduction
Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 1-1

1.0 INTRODUCTION

1.1 OVERVIEW
The Avenue Specific Plan was approved by the City of Ontario (City) in 2007, with subsequent Specific Plan Amendments approved in 2010, 2014, 2017, and 2020. The current (2020) The Avenue Specific Plan (2020 Specific Plan, Original Project) encompasses approximately 568.1 gross acres located within the City of Ontario. The Original Project site (the Specific Plan Area) is bound by Schaefer Avenue to the north, Haven Avenue to the east, Ontario Ranch Road to the south, and Carpenter Avenue to the west. Location and boundaries of the Original Project are presented at Figures 1.1-1 and 1.1-2, respectively.

Subsequent to approval of the Original Project, the City of Ontario adopted and implemented The Ontario Plan 2050 (TOP 2050) and TOP 2050 Policy Plan (the City General Plan). The Original Project Land Use designations are inconsistent with TOP 2050 Policy Plan Land Use designations for the subject site. The proposed Avenue Specific Plan, 2024 Amendment (Modified Project) evaluated herein brings the Original Project Land Uses into conformance with TOP 2050 Policy Plan Land Use Plan. Land Use designations for the subject site under the Original Project, TOP 2050 Policy Plan, and the proposed Modified Project are compared at Figure 1.1-3. 1150
Figure 1.1-1
Regional Location
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOT TO SCALE
1151
Figure 1.1-2
Location - Aerial View
Source: Google Earth; Applied Planning, Inc.

NOT TO SCALE
Ontario Ranch Road
Haven Avenue
Carpenter Avenue
Schaefer Avenue
Chino Avenue
Archibald Avenue
Mill Creek Avenue
Vineyard Avenue
Eucalyptus Avenue
Cucamonga Creek Channel
Specific Plan Boundary
1152
Figure 1.1-3
Land Use Plan Comparison
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2024 SPECIFIC PLAN AMENDMENT
2020 SPECIFIC PLAN
TOP 2050 POLICY PLAN
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The Avenue Specific Plan, 2024 Amendment Introduction
Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 1-5 The Modified Project land uses and development concepts have been designed to be consistent with land uses and development concepts for the subject site reflected in TOP 2050. Impacts of TOP 2050 have been evaluated and addressed in The Ontario Plan 2050 Certified SEIR (TOP 2050 SEIR, Certified SEIR, SCH No. 2021070364). This Addendum compares and contrasts impacts of the Modified Project with impacts identified in the Certified SEIR. As substantiated herein, the Modified Project would not result in substantially different or substantially increased impacts when compared to impacts considered and addressed in the Certified SEIR.

This Addendum to the Certified SEIR substantiates that the proposed Modified Project evaluated herein would not result in any new significant impacts not considered and addressed in the Certified SEIR; nor would there be any substantial increase in the severity of, or substantial change in any previously-identified environmental impacts considered and addressed in the Certified SEIR.

1.1.2 Original Project and Modified Project Development Concepts Compared The primary effect of the proposed Modified Project would be to increase the intensity, and total amount, of residential and commercial/retail development within the Specific Plan Area. More specifically:
• Under the Original Project, maximum residential development would total 2,981 dwelling units (all types). Under the Modified Project, maximum residential development would total 3,753 dwelling units 1 (all types), an increase of 772 dwelling units or approximately 26 percent.
• Under the Original Project, maximum commercial development would total 130,680 square feet (all types). Under the Modified Project, maximum commercial 1 There is the potential for the 10.89-acre school site portion of Planning Area 5 to transition to residential uses, should the school district determine that this site is not needed for school development. If this is the case, these 10.89 acres would be developed with up to 50 residential units, bringing the total Specific Plan residential unit count to 3,803.
1154
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The Avenue Specific Plan, 2024 Amendment Introduction
Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 1-6 development would total 335,176 square feet (all types), an increase of 204,496 square feet or approximately 156 percent.2
It is noted here that the proposed Modified Project land use revisions and resulting residential and commercial development would affect only those portions of the Specific Plan Area located west of Archibald Avenue. East of Archibald Avenue, properties within the Specific Plan Area are fully developed or are currently under development.

Within this Addendum, the Modified Project is assumed to be completed and fully occupied by 2025 – the Modified Project Opening Year. This Addendum in all instances evaluates likely maximum impact scenarios. Should future development proposed within the Modified Project area differ substantially from the development concept analyzed herein, the Lead Agency would comply with CEQA in consideration of those proposals. Ultimate scope and configuration of the Modified Project uses would be as approved by the City.

1.2 CALIFORNIA ENVIRONMENTAL QUALITY ACT DOCUMENTATION
California Environmental Quality Act (CEQA) documentation for the Original Project is presented in The Ontario Plan 2050 [TOP 2050] Supplemental Environmental Impact Report, State Clearinghouse No. 2021070364 (TOP 2050 SEIR, Certified SEIR). This Addendum to the Certified SEIR (Addendum) compares the impacts that were identified in the Certified SEIR with the anticipated impacts of the proposed Modified Project. This Addendum substantiates that the proposed Modified Project would not result in new significant impacts, substantially different impacts, or impacts that would be substantially more severe than those evaluated and addressed in the Certified SEIR.

1.3 ADDENDUM PURPOSE AND SUMMARY
The focus and purpose of this document is to determine if the Modified Project described herein would result in new or substantially different environmental impacts than those considered and addressed in the Certified SEIR. To these ends, this Addendum defines, 2 For the purposes of analysis, all commercial uses are assumed to be operational 24 hours per day, 7 days per week.
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The Avenue Specific Plan, 2024 Amendment Introduction
Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 1-7 describes, compares, and contrasts potential environmental impacts of the Modified Project in the context of the environmental impacts assessed in the Certified SEIR. In so doing, this Addendum substantiates consistency with applicable California Environmental Quality Act Guidelines (CEQA Guidelines) provisions addressing preparation of an Addendum to a previously-Certified EIR.

As presented at CEQA Guidelines Section 15164, an Addendum to a Certified EIR may be prepared if only minor technical changes or additions are necessary and none of the conditions described in Section 15162, calling for the preparation of a subsequent or supplemental EIR, have occurred. Further, Public Resources Code Section 21166 prohibits preparation of a subsequent or supplemental EIR for a Certified EIR unless substantial project changes are proposed requiring major revisions to the Certified EIR; a substantial change in circumstances has occurred requiring major revisions to the Certified EIR; or new information becomes available requiring major revisions to the Certified EIR. As supported by the information provided here, none of these conditions apply to the Modified Project. This Addendum to the Certified SEIR fulfills CEQA documentation requirements for the Modified Project.

1.4 INTENDED USE OF THIS ADDENDUM
The City of Ontario (City) is the Lead Agency for the purposes of CEQA because it has the principal responsibility and authority for consideration of discretionary actions and permitting for the Modified Project. As the Lead Agency, the City is also responsible for analyzing the Modified Project’s potential environmental impacts.

The Lead Agency will employ this Addendum in its evaluation of potential environmental impacts resulting from, or associated with, approval and implementation of the Modified Project. This Addendum may also be used by various Responsible Agencies, e.g., Air Quality Management District(s), Regional Water Quality Control Board(s), et al.; as well as utilities and service providers when such entities issue discretionary permits necessary to carry out the Modified Project. 1156
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Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 1-8 For example, if the Modified Project would require discretionary permits from the South Coast Air Quality Management District (SCAQMD), this Addendum would serve as the environmental assessment for such permits (please refer to California Code of Regulations, Section 15050).

This Addendum in all instances evaluates likely maximum impact scenarios. Should future development proposals within the Modified Project area differ substantially from the development concepts analyzed herein, the Lead Agency would comply with CEQA in consideration of those proposals. Ultimate scope and configuration of the Modified Project uses would be as approved by the City through the City development review processes.

1.5 DOCUMENT ORGANIZATION
This Addendum is presented in five sections, as follows:
• Section 1.0, Introduction, provides an overview of the Modified Project, its context, and environmental documentation applicable to the proposed development. • Section 2.0, Modified Project - Description, presents the proposed Modified Project in greater detail.
• Section 3.0, Environmental Checklist, presents the analysis of potential environmental impacts of the Modified Project. The analysis considers potential environmental impacts of the Modified Project relative to impacts identified in the Certified SEIR.
• Section 4.0, Determination, presents the determination regarding the appropriate environmental document for the Modified Project.
• Section 5.0, Mitigation Summary, summarizes mitigation from the Certified SEIR, and presents any newly required mitigation or modified mitigation. 1157
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Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 1-9

1.6 CONCLUSION
This Addendum substantiates that implementation and operation of the proposed Modified Project described and evaluated herein would not result in any significant new, different, additional, or substantially increased environmental impacts than were previously considered and addressed in the Certified SEIR. 1158

2.0 MODIFIED PROJECT - DESCRIPTION
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2.0 MODIFIED PROJECT - DESCRIPTION

2.1 OVERVIEW

2.1.1 Original Project, Modified Project, and TOP 2050
The Avenue Specific Plan was approved by the City of Ontario (City) in 2007, with subsequent Specific Plan Amendments approved in 2010, 2014, 2017, and 2020. The current (2020) The Avenue Specific Plan (2020 Specific Plan, Original Project) encompasses approximately 568.1 gross acres located within the City of Ontario. The Original Project site (the Specific Plan Area) is bound by Schaefer Avenue to the north, Haven Avenue to the east, Ontario Ranch Road to the south, and Carpenter Avenue to the west. Location and boundaries of the Project are presented at Figures 2.1-1 and 2.1-2, respectively.

Subsequent to approval of the Original Project, the City of Ontario adopted and implemented The Ontario Plan 2050 (TOP 2050) and TOP 2050 Policy Plan (the City General Plan). The Original Project Land Use designations are inconsistent with TOP 2050 Policy Plan Land Use designations for the subject site. The proposed Modified Project evaluated herein brings the Original Project Land Uses into conformance with TOP 2050 Policy Plan Land Use Plan. Land Use designations for the subject site under the Original Project, TOP 2050 Policy Plan, and the proposed Modified Project are compared at Figure

2.1-3.
1160
Figure 2.1-1
Regional Location
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOT TO SCALE
1161
Figure 2.1-2
Location - Aerial View
Source: Google Earth; Applied Planning, Inc.

NOT TO SCALE
Ontario Ranch Road
Haven Avenue
Carpenter Avenue
Schaefer Avenue
Chino Avenue
Archibald Avenue
Mill Creek Avenue
Vineyard Avenue
Eucalyptus Avenue
Cucamonga Creek Channel
Specific Plan Boundary
1162
Figure 2.1-3
Land Use Plan Comparison
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2024 SPECIFIC PLAN AMENDMENT
2020 SPECIFIC PLAN
TOP 2050 POLICY PLAN
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2.1.2 Original Project and Modified Project Development Concepts Compared A comparison of the Original Project and Modified Project development concepts is presented at subsequent Table 2.1-1. As indicated at Table 2.1-1, the primary effect of the proposed Modified Project would be to increase the intensity, and total amount, of residential and commercial/retail development within the Specific Plan Area. More specifically:
• Under the Original Project, maximum residential development would total 2,981 dwelling units (all types). Under the Modified Project, maximum residential development would total 3,753 dwelling units 1 (all types), an increase of 772 dwelling units or approximately 26 percent.
• Under the Original Project, maximum commercial development would total 130,680 square feet (all types). Under the Modified Project, maximum commercial development would total 335,176 square feet (all types), an increase of 204,496 square feet or approximately 156 percent.2
It is noted here that the proposed Modified Project land use revisions and resulting residential and commercial development would affect only those portions of the Specific Plan Area located west of Archibald Avenue. East of Archibald Avenue, properties within the Specific Plan Area are fully developed or are currently under development.

2.1.3 Opening Year
For the purposes of this analysis, buildout of the Modified Project is assumed to be completed and fully occupied by 2026 – the Modified Project Opening Year. 1 There is the potential for the 10.89-acre school site portion of Planning Area 5 to transition to residential uses, should the school district determine that this site is not needed for school development. If this is the case, these 10.89 acres would be developed with up to 50 residential units, bringing the total Specific Plan residential unit count to 3,803.
2 For the purposes of analysis, all commercial uses are assumed to be operational 24 hours per day, 7 days per week.
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2.1.4 TOP 2050 SEIR as Basis for Addendum Analysis
The Modified Project land uses and development concepts have been designed to be consistent with land uses and development concepts for the subject site reflected in TOP 2050. Impacts of TOP 2050 have been evaluated and addressed in The Ontario Plan 2050 Certified SEIR (TOP 2050 SEIR, Certified SEIR, SCH No. 2021070364). By extension, impacts of The Avenue Specific Plan as amended under the Modified Project would be consistent with impacts considered and addressed in TOP 2050 SEIR. As substantiated herein, development of The Avenue Specific Plan as amended under the Modified Project would not result in substantially different or substantially increased impacts when compared to impacts considered addressed in TOP 2050 SEIR. This analysis of potential environmental impacts of The Avenue Specific Plan, 2024 Amendment appropriately comprises an Addendum to TOP 2050 SEIR.

This Addendum in all instances evaluates likely maximum impact scenarios. Should future development proposals within the Modified Project area differ substantially from the development concepts analyzed herein, the Lead Agency would comply with CEQA in consideration of those proposals. Ultimate scope and configuration of the Modified Project uses would be as approved by the City through the City development review processes.
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-7 Table 2.1-1
Comparison of Original Project and Modified Project Development Concepts (Revisions are Indicated in Bold Red Italics)
Planning Area
Designation
Gross
Acres
Net
Acres Dwelling Units Density CommercialSquare Footage Land Use Original
Project
Modified
Project
Original
Project
Modified
Project
Original
Project
Modified
Project
Original
Project
Modified
Project
Original
Project
Modified
Project
Original
Project
Modified
Project
Original
Project
Modified
Project
1A 1A 11.1 11.1 11.1 9.2 51 41 4.6 4.5 --- --- LDR LDR
1B 1B 33.5 33.5 33.5

24.54 127 110 4.5 4.5 --- --- LDRLDR

5.4 --- --- SCE Easement
1C 1C 2.2 2.2 2.2 2.2 5 5 2.3 2.3 --- --- LDR LDR
2A 2A 32.0 32.0 32.0

5.00 147
23 4.6

4.5 --- --- LDR
LDR

25.06 551 22.0 MDR
2B 2B 12.5 12.5 12.5

6.64 58
30 4.6

4.5 --- --- LDR
LDR

5.43 119 22.0 MDR
3A 3A 21.7 21.7 21.7

19.15 86
86 4.5 4.5
--- --- LDR
LDR

2.60 --- --- --- SCE Easement
3B 3B 21.5 21.5 21.5

12.22 97
55 4.5

4.5 --- --- LDR
LDR

8.59 189 22.0 MDR
4 4 19.9 19.9 19.9

15.04 218 0 11 0 0
204,496
LDR
Retail

4.00 --- SCE Easement
5* 5 82.6 82.6 72.6

46.85 334
211

4.6 4.5
--- --- LDR/OS/
Elem. Sch.

LDR

22.54 496 22.0 MDR

10.89 --- --- Elem. Sch.
6A 6A 49.9 49.9 49.9 49.90 230 229 4.6 4.6 --- --- LDR LDR 6B 6B 10.0 10.0 10.0 10.00 106 110 10.6 11.0 --- --- LMDR LMDR 7 7 28.9 28.9 28.9 28.90 287 265 9.5 9.2 --- --- LMDR LMDR 1166
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-8 Table 2.1-1
Comparison of Original Project and Modified Project Development Concepts (Revisions are Indicated in Bold Red Italics)
Planning Area
Designation
Gross
Acres
Net
Acres Dwelling Units Density CommercialSquare Footage Land Use

1.2 1.2 1.2 1.20 --- --- --- --- SCE
Substation
SCE
Substation
8A 8A 39.9 39.9 39.9 39.90 180 176 4.5 4.4 --- --- LDR LDR 8B 8B 9.7 9.7 9.7 9.70 44 44 4.5 4.5 --- --- LDR LDR
9A 9A 10.6 10.6 10.6 10.60 20 20 2.0 1.9 --- --- LDR LDR 9B 9B 10.0 10.0 10.00 10.00 0 0 --- --- --- --- School School 10A 10A 114.7 114.7 114.7
100.40
766
452

6.7 4.5
--- --- LDR/MDR
LDR

14.30 314 22.0 MDR
10B 10B 10.0 10.0 10.0 10.00 0 0 --- --- 130,680 130,680 Retail Retail 11 11 33.4

14.73 33.4

14.73 225
67 6.7

4.5 --- --- LDR/MDR
LDR

18.67 18.67 160 8.6 LMDR
Cucamonga Creek 12.8 12.8 12.8 12.8 0 0 --- --- --- --- NonRecreational
Open Space
NonRecreational
Open Space
Totals 568.1 568.1 558.1 556.44 2,981 3,753
Not
Quantified 6.7 130,680 335,176 --- ---
Sources: The Avenue Specific Plan, 2024 Amendment; City of Ontario Planning Department.

Notes: * There is the potential for the 10.89-acre school site portion of Planning Area 5 to transition to residential uses, should the school district determine that this site is not needed for school development. If this is the case, these 10.89 acres would be developed with up to 50 residential units, bringing the total Specific Plan residential unit count to 3,803. 1167
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-9

2.2 Existing Conditions

2.2.1 Existing Land Uses and Land Use Designations
Existing land uses and land use designations for the Modified Project site and adjacent properties are summarized at Table 2.2-1. Existing land uses are illustrated at Figure 2.2-

1. Existing Policy Plan Land Use and Zoning designations are illustrated at Figures 2.2-2 and 2.2-3, respectively.

Table 2.2-1
Existing Land Uses and Land Use Designations
Existing Land Use Policy Plan Designation(s) Zoning Designation Modified
Project Site
East of Archibald Avenue:

Developed/developing Specific Plan
residential uses.

West of Archibald Avenue:

Agricultural and dairy farming uses;
vacant disturbed property.

Additionally, this area is traversed by
the Cucamonga Creek flood channel (N
– S alignment) and a Southern
California Edison (SCE) easement (NE
– SW alignment).

Low Density Residential, Low Medium Density
Residential, Medium Density Residential, Public
School, Commercial, Open Space-Parkland,
Open Space: Non-Recreation
The Avenue Specific Plan
(November 2020)
North
East of Archibald Avenue:

Developed/developing Specific Plan
residential uses.

West of Archibald Avenue:

Stormwater detention/groundwater
recharge basins; Industrial uses;
Cucamonga Creek flood channel (N – S
alignment), Deer Creek flood control
channel (NE – SW).

Low Density Residential,
Open Space: Non-Recreation
West Haven Specific Plan,
Countryside Specific Plan
East
Residential uses
(existing and under construction);
vacant/disturbed properties.

Mixed-Use Rich Haven Specific Plan
South
Residential uses
(existing and under construction);
vacant/disturbed properties.

Low Density Residential, Medium Density
Residential, Public School,
Open Space: Non-Recreation
Parkside Specific Plan, Grand
Park Specific Plan
West Agricultural, dairy farming, and vacant
disturbed properties.

Low Density Residential, Medium Density
Residential, Open Space: Non-Recreation
Specific Plan with Agricultural
and Affordable Housing Overlays
Sources: The Avenue Specific Plan (2024), TOP 2050 Policy Plan, City of Ontario Zoning Map. 1168
Figure 2.2-1
Existing Land Uses
Source: Google Earth; Applied Planning, Inc.

NOT TO SCALE
Ontario Ranch Road
Haven Avenue
Carpenter Avenue
Schaefer Avenue
Chino Avenue
Archibald Avenue
Mill Creek Avenue
Vineyard Avenue
Eucalyptus Avenue
Cucamonga Creek Channel
Developed SP
Residential Uses
Developed SP
Residential Uses
Recharge
Basins
Cucamonga Creek Channel
Deer Creek Channel
Vacant
Active
Development
(Residential)
Active
Development
(Residential)
Recharge
Basins
Recharge
Basins
Dairy
Agriculture
Dairy
Dairy
Industrial
Active
Development
(Residential)
Developed SP
Residential Uses
Dairy
Active
Development
(Residential)
Fire
Dept. Agriculture
Vacant
Agriculture
Dairy
Developed SP
Residential Uses
Developed SP
Commercial
Uses
Developed SP
Residential Uses
Vacant
1169
Figure 2.2-2
Existing Policy Plan Land Use Designations
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOT TO SCALE
1170
Figure 2.2-3
Existing Zoning Designations
Source: City of Ontario Zoning Map; Applied Planning, Inc.

NOTTO SCALE
Specific Plan Boundary
1171
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-13

2.3 DEVELOPMENT CONCEPT
Development implemented under the Modified Project would be required to conform to provisions of The Avenue Specific Plan, 2024 Amendment document (2024 SPA). The 2024 SPA is provided at Appendix A of this Addendum. In instances where the 2024 SPA is silent, development proposals would be required to conform to applicable provisions of the City Development Code.

2.3.1 Site Design/Architectural Concepts
The Modified Project considered herein would implement residential, commercial/retail parks/open space, and public school uses. All Modified Project development proposals would be required to conform to requirements and implement guidance articulated at 2024 SPA Section 5, Development Regulations; and Section 6, Design Guidelines. All Modified Project final site plans and building designs would be subject to City review and approval,to include consistency analysis with applicable provisions of the 2024 SPA.

2.3.2 Access and Circulation

2.3.2.1 Area Roadways and Site Access
Regional access to the City and the Modified Project area is provided by State Route 60 (E – W) and Interstate 15 (N – S). State Route 60 (SR-60) interchanges with Interstate 15 (I-15) approximately 2.0 miles northeast of the Modified Project site. The Modified Project site is bounded by Schaefer Avenue to the north, Haven Avenue to the east, Ontario Ranch Road to the south, and Carpenter Avenue (alignment) to the west. Archibald Avenue traverses the western portion of the site along a north – south alignment.

Access within the Modified Project site would be provided by internal roads connecting the various land uses. Roadways providing access to and within the Modified Project would be constructed pursuant to the 2024 SPA specifications and consistent with City Conditions of Approval. The Modified Project Access and Circulation Concept is presented at Figure 2.3-

1. For illustrative purposes, the Original Project and Modified Project Access and Circulation Concepts are compared at Figure 2.3-2. Please refer also to 2024 SPA Section 4.1, Master Plan of Circulation.
1172
Figure 2.3-1
Circulation Plan
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOTTO SCALE
1173
Figure 2.3-2
Circulation Plan Comparison

NOT TO SCALE
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2020 SPECIFIC PLAN
2024 SPECIFIC PLAN AMENDMENT
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-16

2.3.2.2 Alternative Transportation Modes
Bicycle and Pedestrian Access
The Modified Project would construct multipurpose trail improvements consistent with improvements proposed under the City of Ontario Multipurpose Trails and Bikeway Corridor Plan (Multipurpose Trails Plan). The Modified Project improvements would connect with the encompassing Multipurpose Trails Plan system.

Within the Modified Project site, enhanced pedestrian sidewalks would provide internal connection between land uses. Additionally, streets would be constructed with sidewalks, facilitating pedestrian access and inter-connectivity between land uses.

Trails and pedestrian access improvements that would be constructed by the Modified Project are illustrated at Figure 2.3-3. For illustrative purposes, the Original Project and Modified Project Multipurpose Trails and Pedestrian Access Plans are compared at Figure

2.3-4. Please refer also to 2024 SPA Section 4.1, Pedestrian/Bicycle Trails Connectivity.

Bus Service
Bus service is available to the City via Omnitrans and the Riverside Transit Authority (RTA). Bus routes currently do not provide proximate service (within one-quarter mile) of the Modified Project site.

Transit service providers periodically review and update schedules and routes to address ridership, budget, and community demands. The Applicant and City would coordinate Project final designs with Omnitrans and RTA to evaluate the potential for provision of bus services and bus amenities serving the Modified Project site. Omnitrans bus routes and schedules can be accessed at: https://omnitrans.org/plan-a-trip/routes-schedules.

RTA bus routes and schedules can be accessed at:
https://www.riversidetransit.com/index.php/riding-the-bus/maps-schedules. 1175
Figure 2.3-3
Trail Master Plan
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOTTO SCALE
1176
Figure 2.3-4
Trail Master Plan Comparison

NOT TO SCALE
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2020 SPECIFIC PLAN
2024 SPECIFIC PLAN AMENDMENT
1177
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-19

2.3.3 Parking
The Modified Project would be required to adhere to parking requirements established under the 2024 SPA and the City of Ontario Development Code. Parking assignments and design of parking areas within the site would be subject to City review and approval.

2.3.4 Landscape/Streetscape
All landscaping/streetscaping implemented under the Modified Project would be required to comply with applicable provisions of the 2024 SPA and the City Municipal Code. Landscape and streetscape elements would provide shade and visual interest, define entry/access points, and accentuate site and architectural features. Please refer also to 2024 SPA Section 6.6, Landscape Design Guidelines.

2.3.5 Infrastructure/Utilities

2.3.5.1 Water Service
Potable (Domestic) Water
Potable water would be provided by the Ontario Municipal Utilities Company (OMUC).

The Modified Project would be served by existing and planned OMUC Master Planned domestic water system facilities.

Within the Modified Project site, water service would be provided by a system of 8-inch to 12-inch water mains constructed within the backbone roadway system. The on-site public water system sizing would be required to comply with provisions of a Cityapproved hydraulic analysis to be conducted at the project-level design stage. The hydraulic analysis would be required to demonstrate that the proposed water system would meet peak demands including maximum day plus fire demand and peak hour demand.

The Modified Project Domestic Water Plan Concept is illustrated at Figure 2.3-5. For illustrative purposes, the Original Project and Modified Project Domestic Water Plan Concepts are compared at Figure 2.3-6. Please refer also to 2024 SPA Section 4.2.1, Water. 1178
Figure 2.3-5
Domestic Water Master Plan
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOT TO SCALE
1179
Figure 2.3-6
Domestic Water Master Plan Comparison
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2020 SPECIFIC PLAN
2024 SPECIFIC PLAN AMENDMENT

NOT TO SCALE
1180
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-22 Recycled Water
Recycled water would be provided to the Modified Project by the Inland Empire Utility Agency (IEUA). The Modified Project would be required to comply with applicable provisions of City Municipal Code Chapter 8c: Recycled Water Use.3 Recycled water would be used for all approved applications including, but not limited to, irrigation of parks, schools, street landscaping, recreational trails, HOA-maintained common areas, and landscaping. An engineering report approved by the City and the California Department of Public Health is required prior to the use of recycled water.

All recycled water improvements implemented to serve the Modified Project would be required to conform to the incumbent City Recycled Water Master Plan. Within the Modified Project site, the backbone recycled water system would comprise 8-inch lines and would be located in the backbone street system. In-tract recycled water system design would be provided at the time of subdivision.

The Modified Project Recycled Water Plan Concept is illustrated at Figure 2.3-7. For illustrative purposes, the Original Project and Modified Project Recycled Water Plan Concepts are compared at Figure 2.3-8. Please refer also to 2024 SPA Section 4.2.2, Recycled Water.
3 See also: https://codelibrary.amlegal.com/codes/ontarioca/latest/ontario_ca/0-0-0-44580#JD_6-8.714 1181
Figure 2.3-7
Recycled Water Master Plan

NOT TO SCALE
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 1182
Figure 2.3-8
Recycled Water Master Plan Comparison
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2020 SPECIFIC PLAN

NOT TO SCALE
2024 SPECIFIC PLAN AMENDMENT
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-25

2.3.5.2 Sewer Services
Sewer service to the Modified Project would be provided by the City of Ontario. All Master Plan sewer improvements implemented to serve the Modified Project would be required to conform to the incumbent City Sewer System Master Plan.

Within the Modified Project site, wastewater conveyance would be provided by a system of 10-inch to 12-inch sewer mains constructed within the backbone roadway system.

Connecting service lines (minimum 8-inch) would be provided to individual developments. The on-site public sewer system sizing would be required to comply with provisions of a City-approved hydraulic analysis to be conducted at the project-level design stage. In-tract sewer system design would be provided at the time of subdivision.

Final designs of sewer systems serving the Modified Project site would be required to conform to City and OMUC requirements. The Modified Project Sewer Plan Concept is presented at Figure 2.3-9. For illustrative purposes, the Original Project and Modified Project Sewer Plan Concepts are compared at Figure 2.3-10. Please refer also to 2024 SPA Section 4.2.3, Sewer.
1184
Figure 2.3-9
Sewer Master Plan
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOTTO SCALE
1185
Figure 2.3-10
Sewer Master Plan Comparison
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2020 SPECIFIC PLAN
2024 SPECIFIC PLAN AMENDMENT

NOT TO SCALE
1186
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-28

2.3.5.3 Stormwater Management System
Storm Drains
Multiple City Master Plan of Drainage storm drain facilities would serve the Modified Project site. All Master Plan stormwater management system improvements implemented to serve the Modified Project would be required to conform to the incumbent City Master Plan of Drainage.

Under post-development conditions, existing southerly trending on-site drainage patterns would be maintained. Within the Modified Project site, minimum 18-inch storm drain laterals would be constructed to convey stormwater runoff from developed areas to the Master Plan storm drain system. In-tract storm drain system designs would be provided at the time of subdivision. Final designs of stormwater management systems serving the Modified Project would be required to conform to City requirements. The Modified Project Stormwater Management System Concept is presented at Figure 2.3-11.

For illustrative purposes, the Original Project and Modified Project Storm Drain System Concepts are compared at Figure 2.3-12. Please refer also to 2024 SPA Section 4.2.4, Drainage.

Water Quality Management Plan
The Modified Project would implement on-site stormwater management systems to detain and treat stormwater discharges. Stormwater discharges from the Modified Project would be required to comply with requirements and performance standards established under the incumbent San Bernardino County National Pollutant Discharge Elimination System (NPDES) Stormwater Program MS4 Permit and Water Quality Management Plan (WQMP). To these ends, developments within the Modified Project site would implement Low Impact Development (LID) Site Design Best Management Practices (BMPs) to reduce pollutant transport and increase on-site stormwater infiltration. Additionally, all Priority Land Use (PLU) areas within the Modified Project site would be required to comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino County Area-Wide MS4 Permit.
1187
Figure 2.3-11
Storm Drain Master Plan
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOT TO SCALE
1188
Figure 2.3-12
Storm Drain Master Plan Comparison
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2020 SPECIFIC PLAN
2024 SPECIFIC PLAN AMENDMENT

NOT TO SCALE
1189
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-31 Non-structural and structural Source Control BMPs would be documented in the Modified Project WQMPs. Final WQMPs, as approved by the City, would ensure that the Modified Project stormwater management systems have been designed to convey and treat stormwater discharges and limit the post-development peak flows consistent with available storm drain capacities.

Please refer also to 2024 SPA Section 4.2.6, NPDES Compliance.

2.3.5.4 Solid Waste Management
The City of Ontario provides solid waste collection services for the City and would service the Modified Project. Under the 2024 SPA, an integrated waste management plan for each subdivision is required prior to Development Advisory Board (DAB) approval.

All developments within Modified Project would be required to comply with waste reduction and recycling standards and identified in the City Municipal Code and as specified in the incumbent City of Ontario Solid Waste Department Refuse and Recycling Planning Manual. Please refer also to 2024 SPA Section 4.2.7, Solid Waste.

2.3.5.5 Electricity
SCE would provide electricity to the site from existing vicinity facilities. Facilities less than 34.5kV would be located underground if they are located adjacent to any streets proposed to be improved in conjunction with site improvements. All proposed connections and modifications to SCE facilities would conform to SCE and City requirements.

2.3.5.6 Natural Gas
The Gas Company would provide natural gas service to the site. All proposed connections and modifications to Gas Company facilities would be required to conform to Gas Company and City requirements.
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2.3.5.7 Fiber Optics System
A backbone fiber optics system (conduits and fiber) would be constructed within the Modified Project street system. Backbone fiber optic components (conduits and fiber) would be placed underground within a duct and structure system to be installed in a joint trench. In-tract fiber and conduit would be installed per the City’s in-tract fiber optic design guidelines (see: https://www.ontarioca.gov/sites/default/files/OntarioFiles/Information-Technology/2014-12-16_in-tract_designguidelines.pdf). The Modified Project Fiber Optic Plan is presented at Figure 2.3-13. For illustrative purposes, the Original Project and Modified Project Fiber Optic Plan Concepts are compared at Figure

2.3-14.

2.3.5.8 Communications Services
Communications services, including wired and wireless telephone and internet services, are available through numerous private providers and would be provided on an asneeded basis. To the extent practical and consistent with City Conditions of Approval, existing and proposed wires, conductors, conduits, raceways, and similar communications improvements within the Modified Project site would be installed underground. Any necessary surface-mounted equipment, e.g., terminal boxes, transformers, meters, service cabinets, etc., would be screened and would conform to City building setback requirements.

2.3.6 Energy Efficiency/Sustainability
Energy-saving and sustainable design features and operational programs would be incorporated in all facilities developed pursuant to the Modified Project. The Modified Project would be required to comply with incumbent energy efficiency and performance standards established under the CALGreen Code and the City of Ontario Community Climate Action Plan (CCAP).
1191
Figure 2.3-13
Fiber Optics
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOTTO SCALE
1192
Figure 2.3-14
Fiber Optics Comparison

NOT TO SCALE
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc. 2024 SPECIFIC PLAN AMENDMENT
2020 SPECIFIC PLAN
1193
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-35

2.3.7 Site Preparation
As an initial action, the Modified Project site would be cleared of vegetation and all onsite improvements associated with, or supporting, the existing on-site land uses would be demolished or removed. Debris generated by site preparation and demolition activities would be disposed of/recycled consistent with provisions of the California Integrated Waste Management Plan Act (AB 939) and the City’s Integrated Waste Department Refuse and Recycling Planning Manual.
4 Additionally, a total of 20 water wells are located within the Modified Project site.

Locations of these wells are identified at Figure 2.3-15. All existing water wells within the Modified Project site would be destroyed consistent with San Bernardino County Health Department and California Department of Water Resources (DWR) requirements. See also:
https://water.ca.gov/Programs/Groundwater-Management/Wells/WellStandards/Combined-Well-Standards/Water-Destruction.

The natural topography of the Project site is relatively flat. No unusual grading conditions are present and substantial import or export of earth materials is not expected.

Project grading would provide stable development pads for construction; balance cut and fill grading quantities on-site; and meet City of Ontario building standards and acceptable infrastructure gradient requirements.

2.3.8 Construction Area Traffic Management Plan
To avoid or minimize temporary construction‐related traffic impacts throughout site preparation and construction activities, the Project Applicant would be required to prepare and implement a City-approved Construction Traffic Management Plan (Plan).

Typical elements and information incorporated in the Plan would include, but not be limited to:
• Name of on-site construction superintendent and contact phone number. 4 City of Ontario, California: Solid Waste Department [Integrated Waste Department] Refuse and Recycling Manual, Updated March 17, 2016. https://www.ontarioca.gov/omuc/integrated-waste. 1194
Figure 2.3-15
Existing Wells
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOTTO SCALE
1195
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-37 • Identification of Construction Contract Responsibilities - For example, for excavation and grading activities, describe the approximate depth of excavation, and quantity of soil import/export (if any).
• Identification and Description of Truck Routes - to include the number of trucks and their staging location(s) (if any).
• Identification and Description of Material Storage Locations (if any). • Location and Description of Construction Trailer (if any). • Identification and Description of Traffic Controls - Traffic controls shall be provided per the Manual of Uniform Traffic Control Devices (MUTCD) if the occupation or closure of any traffic lanes, parking lanes, parkways or any other public right-of-way is required. If the right-of-way occupation requires configurations or controls not identified in the MUTCD, a separate traffic control plan must be submitted to the City for review and approval. All right-of-way encroachments would require permitting through the City. • Identification and Description of Parking - Estimate the number of workers and identify parking areas for their vehicles.
• Identification and Description of Maintenance Measures - Identify and describe measures taken to ensure that the work site and public right-of-way would be maintained (including dust control).

The Plan would be reviewed and approved by the City prior to the issuance of the first building permit. The Plan and its requirements would also be required to be provided to all contractors as one component of building plan/contract document packages. 1196
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2.3.9 Opening Year
For the purposes of this analysis, the Project Opening Year is defined as 2026, by which time all proposed uses are assumed to be complete, occupied, and operational.

2.4 PROJECT OBJECTIVES
The stated vision of the 2024 SPA is to establish “a truly walkable community, featuring pedestrian amenities that encourage walking and biking to schools, parks and basic commercial needs––all within five minutes, for the majority of residents” (2024 SPA, p. 1-1.) Supporting 2024 Specific Plan Amendment Objectives are listed below.

General
• Implement TOP 2050 Policy Plan Land Use Plan.
• Support TOP 2050 vision for urbanization of the Ontario Ranch area of the City. • Implement Specific Plan developments providing additional long-term employment opportunities.
• Implement Specific Plan developments providing additional construction employment opportunities.
• Establish new development that would further the City’s near-term and longrange fiscal goals.

Residential Land Uses
• Development of a variety of housing types into the land use plan addressing a wide variety of lifestyles and economic segments.
• Provide for both single family attached and detached housing in low density and low medium density residential districts.
• Plan for seamless transitions between housing product types in order to create cohesive neighborhoods that include a range of types and styles. • Plan residential neighborhoods around a series of parks and open space areas, promoting outdoor activity and interaction among neighbors. • Provide for connectivity between residential neighborhoods, recreational areas, and adjacent commercial land uses, as well as to the schools, by means of pedestrian and bicycle trail linkages along The Avenue and trails incorporated into 1197
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-39 both the Southern California Edison Easement and the Cucamonga Creek Channel. Create a strong functional relationship between homes and schools. • Create a hierarchy of parks, providing for active and passive recreation. • Create residential neighborhoods with diverse architectural styles and traditional design elements reflecting some of the characteristics of older established Ontario neighborhoods.

Commercial Land Uses
• Develop retail and commercial uses to meet the needs of the residential community and larger surrounding market area, as well as implement Policy Plan policies.
• Provide trails and sidewalks to connect the residential community with the retail and commercial area.
• Consider the development of plazas and other public space amenities within the retail and commercial area providing space for social interaction. • Orient retail and commercial buildings to the street, wherever possible, to create an urban edge and sense of arrival.

2.5 DISCRETIONARY APPROVALS and PERMITS
Discretionary actions, permits, and related consultation(s) necessary to approve and implement the Project include, but are not limited to, the following.

2.5.1 Lead Agency Discretionary Actions and Permits
• CEQA Compliance;
• Adoption of this Addendum;
• Approval of a Specific Plan Amendment;
• Approval of Tentative Parcel Maps;
• Approval of a Development Agreement; and
• Approval of Development Plans.
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The Avenue Specific Plan, 2024 Amendment Project Description Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 2-40

2.5.2 Other Consultation and Permits
Anticipated consultation and permits necessary to realize the Modified Project would or may include the following:
• Permitting by/through the Regional Water Quality Control Board (RWQCB) pursuant to requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Permit.
• Permitting by/through the South Coast Air Quality Management District (SCAQMD) for certain equipment or land uses that may be implemented pursuant to the Modified Project.
• Permitting (i.e., utility construction and connection permits) from affected utility purveyors, notably the City of Ontario, IEUA, and SCE.
• Permitting for destruction of on-site wells per San Bernardino County Health Department and Department of Water Resources requirements. • Other ministerial permits necessary to realize all on- and off-site improvements related to the development of the site.
1199

3.0 ENVIRONMENTAL CHECKLIST
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ENVIRONMENTAL CHECKLIST
The Avenue Specific Plan, 2024 Amendment
Addendum to The Ontario Plan 2050 Certified SEIR (SCH No. 2021070364) General Notes: The Avenue Specific Plan, 2024 Amendment (Modified Project, Project) land uses and development concepts have been designed to be consistent with land uses and development concepts for the subject site reflected in The Ontario Plan 2050 (TOP 2050). Impacts of TOP 2050 have been evaluated and addressed in The Ontario Plan 2050 Certified SEIR (TOP 2050 SEIR, Certified SEIR). This Addendum compares and contrasts impacts of the Modified Project with impacts identified in the Certified SEIR. As substantiated herein, the Modified Project would not result in substantially different or substantially increased impacts when compared to impacts considered and addressed in the Certified SEIR. The CEQA Initial Study Checklist categories and topics presented below conform to the suggested content presented at CEQA Guidelines, Appendix G. Certain of the Addendum Technical Studies are dated 2023. These Studies were prepared prior to the latest refinements reflected in the 2024 Specific Plan Addendum (2024 SPA).

Findings and conclusions of these Studies are not affected by the 2024 SPA refinements.

1. AESTHETICS
Except as provided in Public Resources
Code Section 21099, would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Have a substantial adverse effect on a
scenic vista? X
b) Substantially damage visible scenic
resources, including, but not limited to,
trees, rock outcroppings, and historic
buildings within a state scenic
highway?
X
c) In non-urbanized areas, substantially
degrade the existing visual character or
quality of public views of the site and
its surroundings? (Public views are
those that are experienced from
publicly accessible vantage point.) If
the project is in an urbanized area,
would the project conflict with
applicable zoning and other
regulations governing scenic quality?
X
d) Create a new source of substantial light
or glare which would adversely affect
day or nighttime views in the area?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-2 Substantiation:
a-d) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR recognizes that buildout of the City would alter the visual character of the City. The Certified SEIR concludes that compliance with the City Municipal Code and applicable TOP 2050 Policies would ensure that potential aesthetics impacts of development anticipated under TOP 2050 would be lessthan-significant (Certified SEIR, pp. 5.1-4 – 5.1-10).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Final designs of the Modified Project facilities including, but not limited to, the proposed buildings, landscape/hardscape features, and lighting configurations would be required to conform to the 2024 Specific Plan Development Regulations and Design Guidelines, 1 and
applicable provisions of the City Municipal Code. Final designs of all uses would be subject to City review and approval. Conformance with the 2024 Specific Plan Development Regulations and Design Guidelines and City Municipal Code requirements would ensure that the Modified Project would not substantially degrade scenic vistas, substantially degrade scenic resources, adversely alter the existing visual character or quality of the area, or create a new source of substantial light or glare which would adversely affect day or nighttime views. Impacts of the Modified Project in these regards would be less-than-significant. On this basis, when compared to the Certified SEIR findings, no new or substantially increased aesthetic impacts would result from the Modified Project.

Modified Project Conditions of Approval: None.
1 The 2024 Specific Plan Development Regulations and Design Guidelines have been amended to address new or revised uses proposed by the Modified Project.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-3 Summary
When compared to the impacts identified in the Certified SEIR, no new significant, substantially increased, or substantially different aesthetics or light/glare impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment.

2. AGRICULTURE AND FORESTRY RESOURCES
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance, as shown on the maps
prepared pursuant to the Farmland
Mapping and Monitoring Program of
the California Resources Agency, to
non-agricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c) Conflict with existing zoning for, or
cause rezoning of, forest land (as
defined in Public Resources Code
section 1220(g)), timberland (as
defined by Public Resources Code
section 4526), or timberland zoned
Timberland Production (as defined by
Government Code section 51104(g))?
X
d) Result in the loss of forest land or
conversion of forest land to non-forest
use?
X
e) Involve other changes in the existing
environment which, due to their
location or nature, could result in
conversion of Farmland to nonagricultural use, or conversion of forest land to non-forest use?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-4 Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Under TOP 2050, the City Ontario no longer has land designated for agricultural uses. Because TOP 2050 is the baseline for the Certified SEIR, TOP 2050 would not result in the conversion of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance to nonagricultural uses. TOP 2050 would therefore have no impact on land zoned for agricultural purposes (Certified SEIR, p. 5.2-12).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. As noted above, TOP 2050 would have no impact on land zoned for agricultural purposes. Because the Modified Project Land Uses are consistent with TOP 2050 land use designations, by extension, the Modified Project would similarly have no impact on land zoned for agricultural purposes.

Modified Project Conditions of Approval: None.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions:

Agricultural Zoning
The Certified SEIR concluded that implementation of the Land Use Plan would not adversely affect agriculturally-zoned properties (Certified SEIR, p. 5.2-12).

Williamson Act Contracts
Implementation of TOP 2050 would affect all active Williamson Act contracts within the City. The Certified SEIR concluded, however, that impacts to Williamson Act contract properties under TOP 2050 would not be greater than, or different than, would result 1204
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-5 from TOP 2009. On this basis, the Certified SEIR concluded that TOP 2050 impacts to Williamson Act Contract properties would be less-than-significant (Certified SEIR, p. 5.2- 13).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Agricultural resources impacts discussed below are consistent with impacts of TOP 2050 as evaluated in the Certified SEIR.

Agricultural Zoning
The Modified Project site is Zoned “Specific Plan.” The Modified Project does not propose or require uses or activities that would result in potentially adverse effects at agriculturally-zoned properties. Based on the preceding, the Modified Project’s potential impacts related to a conflict with agricultural zoning would be less-than-significant.

Williamson Act Contracts
The California Land Conservation Act of 1965 (the Williamson Act, Government Code Sections 51200 through 51297.4) encourages the preservation of agricultural lands through tax incentives due to the increasing trend toward the conversion of agricultural lands to urban uses. The Act enables counties and cities to designate agricultural preserves (Williamson Act lands) and within these preserves offer preferential taxation to agricultural landowners based on the agricultural income-producing value of the property.

One active Williamson Act Contract property (Williamson Act Contract No 71-338) is located within the Modified Project site. The location of the subject Williamson Act Contract property is indicated at Figure 2-1. Contract No 71-338 will expire in 2026 and will not be renewed or extended. No development of the subject property would occur prior to expiration of Contract No 71-338. As such, the Modified Project would have no impact on an active Williamson Act Contract property.
1205
Figure 2-1
Williamson Act Contracts
Source: The Avenue Specific Plan, 2024 Amendment; Applied Planning, Inc.

NOT TO SCALE
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-7 Under TOP 2050, the entire 2024 Specific Plan Area is anticipated to be developed with urban uses. The Certified SEIR concluded that under TOP 2050 buildout conditions, impacts to Williamson Act properties would be less-than-significant. The Modified Project land uses are consistent with TOP 2050 as evaluated in the Certified SEIR. Because the Modified Project Land Uses are consistent with TOP 2050 land use designations, by extension, the Modified Project would similarly have a less-than-significant impact on Williamson Act contract properties.

Based on the preceding, the potential for the Modified Project to conflict with a Williamson Act Contract would be less-than-significant.

Modified Project Conditions of Approval: None.
c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: There are no City land uses zoned for forest land, timberland, or timberland zoned Timberland Production. There are no properties in the City considered to be forestland. As such, implementation of TOP 2050 would have no impact on land uses zoned for forest land, timberland, or timberland zoned Timberland Production; nor would TOP 2050 result in the loss or conversion of timberland or forest land to non-forest uses (Certified SEIR, p. 5.2-13).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project site is not zoned for forest land, timberland, or timberland zoned Timberland Production.

There is no timberland or forest land within the Modified Project site. The Modified Project Land Uses are consistent with TOP 2050 land use designations. As noted above, TOP 2050 would have no impact on forest land, timberland, or timberland zoned Timberland Production; nor would TOP 2050 result in the loss or conversion of timberland or forest land to non-forest uses. Because the Modified Project Land Uses are consistent with TOP 2050 land use designations, by extension, the Modified Project 1207
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-8 would similarly have no impact on forest land, timberland, or timberland zoned Timberland Production; nor would the Modified Project result in the loss or conversion of timberland or forest land to non-forest uses.

Modified Project Conditions of Approval: None.
d, e) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Under TOP 2050, the City Ontario no longer has land designated for agricultural uses. Because TOP 2050 is the baseline for the Certified SEIR, TOP 2050 would not result in the conversion of Prime Farmland, Unique Farmland, and Farmland of Statewide Importance to nonagricultural uses. TOP 2050 would therefore have no impact on land zoned for agricultural purposes (Certified SEIR, p. 5.2-12). See also Checklist Item 2 a.

There are no City land uses zoned for forest land, timberland, or timberland zoned Timberland Production. There are no properties in the City considered to be forestland.

As such, implementation of TOP 2050 would have no impact on land uses zoned for forest land, timberland, or timberland zoned Timberland Production; nor would TOP 2050 result in the loss or conversion of timberland or forest land to non-forest uses (Certified SEIR, p. 5.2-13). See also Checklist Item 2 c.

TOP 2050 does not propose or require uses that would otherwise result in conversion of Farmland to nonagricultural use or conversion of forest land to non-forest use.

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. No forest land or farmland is located within the Modified Project site or in its vicinity. The Modified Project does not propose or require uses that would otherwise result in conversion of Farmland to nonagricultural use, or conversion of forest land to non-forest use. The Modified Project Land Uses are consistent with TOP 2050 land use designations. As noted above, 1208
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-9 TOP 2050 would have no impact on forest land or farmland, nor would TOP 2050 result in the loss or conversion of timberland or forest land to non-forest uses. Because the Modified Project Land Uses are consistent with TOP 2050 land use designations, the Modified Project would similarly not result in the conversion of Farmland to nonagricultural use, or conversion of forest land to non-forest use.

Modified Project Conditions of Approval: None.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different agriculture and forestry resources impacts would result from the Modified Project. No changed or new information has been identified to indicate that any impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment.

3. AIR QUALITY
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND or
EIR
No
Impact
a) Conflict with or obstruct
implementation of the applicable air
quality plan?
X
b) Result in a cumulatively considerable
net increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or state ambient air quality standard?
X
c) Expose sensitive receptors to
substantial pollutant concentrations? X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-10 Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND or
EIR
No
Impact
d) Result in other emissions (such as those
leading to odors) adversely affecting a
substantial number of people?
X
Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

General Note: The technical analyses referenced in this section reflect likely maximum impacts.

Subsequent to preparation of these analyses, total residential development intensities allowed under the Modified Project have been reduced consistent with direction. Specifically, the technical analyses referenced herein assume residential development of the Modified Project totaling up to 3,807 dwelling units (see Project Traffic Analysis, p. 2 et al.). As subsequently modified, maximum allowed residential development under the Modified Project would not exceed 3,753 dwelling units (see Section 2.0, Project Description, Table 2.1-1).

Certified SEIR Conclusions: Because air pollutant emissions associated with buildout of the City would cumulatively contribute to nonattainment conditions affecting the South Coast Air Basin (SoCAB), the Certified SEIR determined that TOP 2050 would be inconsistent with the Air Quality Management Plan (AQMP). For these reasons, the Certified SEIR concluded that TOP 2050 would result in significant AQMP consistency impacts (Certified SEIR, p. 5.3-40).

Certified SEIR Mitigation Measures: The Certified SEIR includes mitigation (listed below) that would generally reduce criteria pollutant emissions associated with buildout of TOP 2050. These measures include mitigation from the previous (2010) TOP EIR and new mitigation implemented under TOP 2050.
3-1 Prior to discretionary approval by the City of Ontario for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project 1210
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-11 applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Ontario Planning Department for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD–adopted thresholds of significance, the City of Ontario building department shall require feasible mitigation measures to reduce air quality emissions. Potential measures shall be incorporated as conditions of approval for a project and may include:
• Require fugitive dust control measures that exceed South Coast Air Quality Management District’s Rule 403, such as:
o Requiring use of nontoxic soil stabilizers to reduce wind erosion. o Applying water every four hours to active soil disturbing activities. o Tarping and/or maintaining a minimum of 24 inches of freeboard on trucks hauling dirt, sand, soil, or other loose materials.
o Using construction equipment rated by the United States Environmental Protection Agency as having Tier 4 interim or higher exhaust emission limits. • Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.
• Limiting nonessential idling of construction equipment to no more than five consecutive minutes.
• Using Super-Compliant VOC paints for coating architectural surfaces whenever possible. A list of Super-Compliant architectural coating manufactures can be found on the South Coast Air Quality Management District’s website at:
http://www.aqmd.gov/prdas/brochures/Super- Compliant_AIM.pdf.

These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning Department.
3-2 The City of Ontario shall evaluate new development proposals within the City and require all developments to include access or linkages to alternative modes of transportation, such as transit stops, bike paths, and/or pedestrian paths (e.g., sidewalks). 1211
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-12 New Mitigation
AQ-1 Prior to discretionary approval by the City of Ontario for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation-phase-related air quality impacts to the City of Ontario Planning Department for review and approval. Theevaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD–adopted thresholds of significance, the City of Ontario Planning Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval.

Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following:
• For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions.
• Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in appropriate applicationsto optimizerenewableenergy generation systems and avoid peak energy use.
• Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 sec. 2485).
• Provide changing/shower facilities as specified in Section A5.106.4.3 of CALGreen (Nonresidential Voluntary Measures).
• Provide bicycle parking facilities per Section A4.106.9 of CALGreen (Residential Voluntary Measures).
• Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of CALGreen (Nonresidential Voluntary Measures). • Provide facilities to support electric charging stations per Section A5.106.5.3 and 1212
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-13 Section A5.106.8.2 of CALGreen (Nonresidential Voluntary Measures; Residential Voluntary Measures).

Applicant-provided appliances shall be Energy Star-certified appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers).

Installation of Energy Star-certified or equivalent appliances shall be verified by the City during plan check.
[TOP 2050] Policy ER4-9, Health Risk Assessments, would ensure mobile sources of TACs not covered under South Coast AQMD permits are considered during subsequent project-level environmental review by the City of Ontario; however, implementation of TOP 2050 would generate TACs that could contribute to elevated levels in the air basin (cumulative).

The Certified SEIR concluded however that no mitigation measures are available that would substantially reduce AQMP inconsistency impacts. On this basis, the Certified EIR concluded that even with application of mitigation, TOP 2050 inconsistency with the AQMP would be significant and unavoidable (Certified SEIR, p. 5.3-54).

Level of Significance After Mitigation: Significant and Unavoidable.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. In this respect, the Modified Project would not substantively increase aggregate development intensities beyond that currently anticipated for the subject site as reflected in the Certified SEIR analysis of AQMP consistency.

Based on the preceding, when compared to the Certified SEIR findings, no new or substantially increased AQMP consistency impacts would occur under the Modified Project.

Modified Project Conditions of Approval: The Modified Project would implement applicable Certified SEIR mitigation measures.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-14 b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that buildout of TOP 2050 would generate short-term and long-term air pollutant emissions exceeding SCAQMD regional significance thresholds for VOC, CO, NOx, PM10, and PM2.5. These exceedances would cumulatively contribute to the SCAB nonattainment designations for O3, PM10 and PM2.5. Even with the implementation of mitigation measures, nonattainment air quality impacts resulting from buildout of TOP 2050 would be significant and unavoidable (Certified SEIR, pp. 5.3-54 – 5.3-57).

Certified SEIR Mitigation Measures: Please refer to previous Certified SEIR air quality mitigation measures listed at Checklist item 3 a).

Modified Project:

Construction-Source Emissions
Construction-source emissions resulting from the Modified Project are quantified in The Avenue Specific Plan, 2023 Amendment - Air Quality & Energy Assessment (Urban Crossroads, Inc.) May 8, 2024 (Modified Project AQIA, Addendum Appendix B).

Modified Project construction activities would comprise site preparation, grading, building construction, paving, and architectural coating. Construction-source emissions would also be generated by construction worker commutes, heavy equipment transport, and construction material(s) vendor trips. Modified Project construction activities would generate emissions of carbon monoxide (CO), Volatile Organic Compounds (VOCs), Nitrogen Oxides (NOX), Sulfur Oxides (SOX), particulate matter ≤ 10 microns (PM10), and particulate matter ≤ 2.5 microns (PM2.5). Table 3-1 summarizes Modified Project maximum daily construction-source emissions.

As presented at Table 3-1, with the exception of VOC emissions, Modified Project construction-source emissions would not exceed applicable SCAQMD regional thresholds. Project construction-source VOC exceedances would represent a cumulatively considerable net increase in SCAB nonattainment conditions for O3 (VOC is an Ozone precursor). Because the Project is consistent with land uses and development 1214
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-15 evaluated in the Certified SEIR, Project construction-source VOC exceedances are already acknowledged and accounted for in the Certified SEIR.

Table 3-1
Maximum Daily Construction-Source Emissions
Source
Emissions (lbs./day)
VOC NOX CO SOX PM10 PM2.5
Summer
2024 7.04 39.79 140.03 0.13 19.75 4.92
2025 6.63 31.64 132.00 0.10 19.75 4.92
Winter
2024 6.65 39.85 114.31 0.13 19.75 5.70
2025 119.91 51.12 148.37 0.13 23.90 6.07
Total Maximum Daily Emissions 119.91 51.12 148.37 0.13 23.90 6.07 SCAQMD Regional Threshold 75 100 550 150 150 55
Threshold Exceeded? YES NO NO NO NO NO
Source: The Avenue Specific Plan, 2023 Amendment - Air Quality & Energy Assessment (Urban Crossroads, Inc.) May 8, 2024.

Operational-Source Emissions
Modified Project operational-source emissions would derive primarily from site/building maintenance (area sources), building energy consumption, and traffic (mobile sources).

Operational-source emissions generated by the Modified Project land are summarized at Table 3-2. As indicated at Table 3-2, Project maximum daily operational-source emissions would exceed SCAQMD Regional Thresholds for VOC, NOx, CO, and PM10. Project operational-source VOC, NOx, and PM10 exceedances would represent a cumulatively considerable net increase in SCAB nonattainment conditions for O3 and PM10 (VOC and NOx are Ozone precursors).

Because the Project is consistent with land uses and development evaluated in the Certified SEIR, the Project operational-source VOC, NOx, CO, and PM10 exceedances are already acknowledged and accounted for in the Certified SEIR. 1215
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-16 Table 3-2
Maximum Daily Operational-Source Emissions
Source
Emissions (lbs./day)
VOC NOX CO SOX PM10 PM2.5
Summer
Mobile Source 89.78 76.69 729.57 1.77 154.87 40.15
Area Source 80.59 34.64 143.12 0.22 2.78 2.76
Energy Source 0.70 12.02 5.61 0.08 0.97 0.97
Total Max. Daily Emissions 171.07 123.34 878.29 2.06 158.61 43.88 SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? YES YES YES NO YES NO
Winter
Mobile Source 83.39 82.34 615.71 1.66 154.87 40.15
Area Source 68.04 33.41 14.22 0.21 2.70 2.70
Energy Source 0.70 12.02 5.61 0.08 0.97 0.97
Total Max. Daily Emissions 152.13 127.76 635.54 1.94 158.53 43.82 SCAQMD Regional Threshold 55 55 550 150 150 55
Threshold Exceeded? YES YES YES NO YES NO
Source: The Avenue Specific Plan, 2023 Amendment - Air Quality & Energy Assessment (Urban Crossroads, Inc.) May 8, 2024.

Modified Project Conditions of Approval: The Modified Project would implement applicable Certified SEIR mitigation measures.

Based on the preceding, when compared to the Certified SEIR findings, the Modified Project would not result in substantively different or substantively increased contributions to cumulative contributions to criteria pollutant non-attainment impacts. c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR notes that individual development projects within the City would be required to achieve the incremental risk thresholds established by SCAQMD, and on this basis, potential Toxic Air Contaminant (TAC) impacts from individual developments would be less-than-significant. TOP 2050 Policy ER4-9 New Localized Air Pollution Sources Near Existing Sensitive Receptors, ensures that mobile sources of TACs not covered under South Coast AQMD permits are considered 1216
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-17 during subsequent project-level environmental review by the City of Ontario. Other air quality mitigation measures implemented under TOP 2050 would further reduce air pollutant emissions, thereby minimizing effects of pollutants at sensitive receptors.

The Certified SEIR nonetheless concludes that buildout of TOP 2050 would generate TACs that could contribute to elevated levels of TAC pollutants in the air basin. On this basis, the Certified SEIR concluded that TOP 2050 TAC emissions impacts at sensitive receptors would be cumulatively significant (Certified SEIR, p. 5.3-57).

Certified SEIR Mitigation Measures: Please refer to previous Certified SEIR air quality mitigation measures listed at Checklist item 3 a).

Modified Project: The Modified Project does not propose or require uses that would generate substantial levels of TACs. However, localized construction-source emissions generated by the Project have the potential to adversely affect proximate sensitive uses. 2 Accordingly, the potential for the Modified Project construction activities to generate or result in harmful concentrations of air pollutants at sensitive receptors is evaluated in the Modified Project AQIA.

LST Methodology
Localized construction-source impacts resulting from the Modified Project were evaluated consistent with methodologies and protocols presented in Final Localized Significance Threshold Methodology (SCAQMD) 2003 (LST Methodology). Per SCAQMD criteria, localized exceedances of the federal and/or state ambient air quality standards (NAAQS/CAAQS) would comprise potentially significant air quality impacts.

Collectively, these are referred to as Localized Significance Thresholds (LSTs). LSTs represent the maximum localized emission concentrations that would not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard(s).
2 LSTs would apply to the operational phase of a project, if that project includes stationary sources, or attracts mobile sources that may spend long periods queuing and idling at the site (e.g., transfer facilities and warehouse buildings). The Project does not propose or require such uses. Due to the lack of significant stationary source emissions, an LST analysis for the Modified Project operations is not required. 1217
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-18 Sensitive Receptors
Persons that are especially sensitive to air pollution are accorded special consideration when evaluating air quality impacts. Collectively, these persons collectively comprise sensitive receptors, and include: children, the elderly, and individuals with pre-existing respiratory or cardiovascular illness. Structures that house these persons or places where they gather are defined as sensitive receptor locations. Such structures typically include:
residences, hotels, hospitals or similar occupancies. Consistent with the LST Methodology, the analysis presented here evaluates potential effects of localized construction-source emissions at the nearest sensitive receptor locations where an individual could remain for 24 hours or more.

Based on an aerial imagery, sensitive receptor residential land uses are located within 25 meters of the Project boundaries. Per the LST Methodology, a minimum separation of 25 meters between receptors and emission sources has been assumed within this analysis.

Thresholds
The LST Methodology provides “Look-up Tables” establishing screening-level thresholds. Emissions that do not exceed the Look-up Table thresholds are presumptively considered less-than-significant. Emissions exceeding Look-up Table thresholds warrant further detailed modeling and analysis. Look-up Table thresholds applicable to the Project are presented below.

Table 3-3
Localized Significance Thresholds
Activity
Emissions Thresholds (lbs./day)
VOC NOX PM10 PM2.5
Demolition
Site Preparation 270 2,193 16 9
Grading
Source: The Avenue Specific Plan, 2023 Amendment - Air Quality & Energy Assessment (Urban Crossroads, Inc.) May 8, 2024. 1218
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-19 Localized Emissions
Maximum construction-source localized emissions received at the nearest sensitive receptors are presented at Table 3-4.

Table 3-4
Maximum Received Localized Emissions
Emissions (lbs./day)
NOX CO PM10 PM2.5
Demolition
Maximum Daily Emissions 23.81 36.35 0.40 0.38
SCAQMD Localized Threshold 270 2,193 16 9
Threshold Exceeded? NO NO NO NO
Site Preparation
Maximum Daily Emissions 29.47 56.62 11.52 5.57
SCAQMD Localized Threshold 270 2,193 16 9
Threshold Exceeded? NO NO NO NO
Grading
Maximum Daily Emissions 38.87 70.70 5.70 2.31
SCAQMD Localized Threshold 270 2,193 16 9
Threshold Exceeded? NO NO NO NO
Source: The Avenue Specific Plan, 2023 Amendment - Air Quality & Energy Assessment (Urban Crossroads, Inc.) May 8, 2024.

As presented at Table 3-4, maximum Project construction-source localized emissions received at area sensitive receptors would not exceed applicable SCAQMD LSTs. On this basis, the potential for the Project to expose sensitive receptors to substantial pollutant concentrations would be less-than-significant.

Modified Project Conditions of Approval: None.
d) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR notes that development pursuant to TOP 2050 would be required to comply with SCAQMD Rule 402. SCAQMD Rule 402 acts to generally control and regulate odors and odor sources, thereby minimizing potential 1219
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-20 effects of construction-source and operational-source odors from other than industrial land uses (Certified SEIR, p. 5.3-46).

The Certified SEIR also acknowledges that certain types of industrial land uses (e.g., compost facilities, landfills, solid-waste transfer stations, fiberglass manufacturing facilities, paint/coating operations, asphalt batch manufacturing plants, chemical manufacturing, and food manufacturing facilities) warrant focused odor impact analyses.

The City would require site- and development-specific analyses to ensure that any odors generated by these types of land uses would not adversely affect a substantial number of people (Certified SEIR, p. 5.3-46).

Based on the preceding, the Certified SEIR concluded that the potential for TOP 2050 to create or result in odors that would adversely affect a substantial number of people would be less-than-significant.

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Construction-source and operational-source odor impacts that may result from the Modified Project are controlled as a byproduct of hazardous/potentially hazardous materials handling plans and Best Management Practices implemented under SCAQMD Rule 402 et al. The Modified Project would be required to comply with all SCAQMD Rules regulating and controlling odors and odor sources.

The Modified Project does not propose or require land uses (e.g., compost facilities, landfills, solid-waste transfer stations, fiberglass manufacturing facilities, paint/coating operations, asphalt batch manufacturing plants, chemical manufacturing, and food manufacturing facilities) that would be substantial odor sources. Moreover, the Modified Project would remove existing agricultural odor sources and would act generally to improve ambient conditions related to odors.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-21 Construction-source and operational-source odor impacts that may result from the Modified Project are controlled as a byproduct of hazardous/potentially hazardous materials handling plans and Best Management Practices implemented under SCAQMD Rule 4023 et al. The Modified Project would be required to comply with all SCAQMD Rules regulating and controlling odors and odor sources. The Modified Project would therefore not create objectionable odors affecting a substantial number of people. The Modified Project does not propose or require uses that would generate other emissions that could adversely affect a substantial number of people. On this basis, when compared to the Certified SEIR findings, no new or substantially increased “other emissions” impacts would occur under the Modified Project.

On this basis, when compared to the Certified SEIR findings, no new or substantially increased odor impacts would occur under the Modified Project.

Modified Project Conditions of Approval: None.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different air quality impacts would result from the Modified Project. No changed or new information has been identified to indicate that any impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2023 Amendment - Air 3 SCAQMD Rule 402. Nuisance.
“A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property. The provisions of this rule shall not apply to odors emanating from agricultural operations necessary for the growing of crops or the raising of fowl or animals.” http://www.aqmd.gov/docs/default-source/rule-book/rule-iv/rule402.pdf 1221
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-22 Quality & Energy Assessment (Urban Crossroads, Inc.) May 8, 2024; The Avenue Specific Plan, 2024 Amendment.

4. BIOLOGICAL RESOURCES
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND or
EIR
No
Impact
a) Have a substantial adverse effect, either
directly or through habitat modification,
on any species identified as a candidate,
sensitive, or special status species in local
or regional plans, policies, or regulations,
or by the California Department of Fish
and Game or U.S. Fish and Wildlife
Service?
X
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies and regulations; or by the
California Department of Fish and Game
or U.S. Fish and Wildlife Service?
X
c) Have a substantial adverse effect on state
or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological
interruption, or other means?
X
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
wildlife corridors, or impede the use of
native wildlife nursery sites?
X
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or state
habitat conservation plan?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-23 Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR recognizes that development in accordance with TOP 2050 could impact sensitive species. Projects considered for approval under TOP 2050 would be subject to independent CEQA review to determine whether there is potential habitat on-site for sensitive species. The Certified SEIR did not identify any significant impacts in this regard (Certified SEIR, pp. 5.4-28 – 5.4-34).

Certified SEIR Mitigation Measures: None.

Modified Project: TOP 2050 SEIR (Section 5.4) concluded that the area encompassing The Avenue Specific Plan may function as potential habitat for the federally-listed Delhi Sands Flower Loving Fly (DSFLF) and Burrowing Owl. No other potentially significant impacts to candidate, sensitive, or special status species were identified in the SEIR.

Potential Impacts to DSFLF
Potential Project impacts to DSFLF are substantiated in Habitat Suitability Evaluation (EnviroPlus Consulting, LLC) October 30, 2023 (Project DSFLF Study). Findings and conclusions of the Project DSFLF Study are presented below.

The Project site was surveyed for evidence of DSFLF, potentially viable DSFLF habitat, and general presence/absence biologic resources by a qualified professional biologist4 on October 22, 2023. The survey was conducted under clear skies with temperatures ranging from 60 to 72 °F. Winds were light at 1 to 3 mph from the west (Project DSFLF Study, p. 4).

The survey noted general site conditions, soils types, surface conditions, vegetation types and conditions, and presence or evidence of insects and wildlife. The survey also documented past and present on-site disturbances and ongoing urban development 4 Biologist permitted by the U.S. Fish and Wildlife Service (Section 10 (a) (1) (A) permit number TE-837439- 8 expiring 6/24/2024).
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-24 affecting the site’s potential suitability as habitat for biological resources (Project DSFLF Study, pp. 2 – 4).

The survey results indicate that although the survey area is in part mapped as Delhi series soils, “anthropogenic disturbances over decades have altered the natural topography, aeolian processes, vegetation and soil characteristics such that the site does not now meet the USFWS baseline requirement for conducting focused surveys, the presence of Delhi series soils. Additionally, surrounding areas are similarly highly disturbed and/or developed, so it would be highly unlikely that any dispersing DSFLF from a nearby DSFLF-occupied site would temporarily utilize the subject property for foraging or reproduction purposes. Since suitable Delhi series soils were not found, the site does not meet the baseline criterion to be considered for focused surveys as per the USFWS protocol (1996) and does not appear suitable for DSFLF occupation” (Project DSFLF Study, pp. 4, 5). Based on the preceding, the Project’s potential impact to DSFLF and DSFLF habitat would be less-than-significant. Note: The January 2024 biological resources assessment update prepared for the Project confirms the above findings and conclusions. Please refer to Biological Update for The Avenue Specific Plan (Planning Area 5) Project; City of Ontario, County of San Bernardino, California (January 2024 Biological Update, VCS Environmental) January 16, 2024, Addendum Appendix C.

Potential Impacts to Burrowing Owl
During the October 2023 site DSFLF surveys, the presence of burrowing owl individuals and evidence of burrowing owl occupation within the site were also noted (Project DSFLF Study, p. 4). The January 2024 Biological Resources Update indicates that burrowing owl individuals were no longer present during a subsequent January 2024 site visit. As such, these individuals are deemed migrant and the site is not considered to be occupied by BUOW (January 2024 Biological Update, p. 5).

The Project site does however evidence burrows suitable for BUOW and suitable BUOW foraging habitat. A BUOW pre-construction survey is therefore required to ensure that potential impacts to BUOW are maintained at levels that would be less-than-significant.

Please refer to Condition of Approval BIO-1.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-25 Other Considerations
The Modified Project site serves generally as potential habitat for migratory birds.

Development of the site could therefore result in impacts to any nesting migratory birds that may be present. Consistent with California Department of Fish and Wildlife requirements, Condition of Approval BIO-2 is included to ensure that impacts to nesting birds are maintained at levels that would be less-than-significant.

Additionally, areas of the Modified Project site not specifically addressed in the Project DSFLF Study and/or January 2024 Biological Update may warrant updated biological resources assessments to ensure that potential impacts to biological resources for these areas are maintained at levels that would be less-than-significant (please refer to Condition of Approval BIO-3).

Modified Project Conditions of Approval:

BIO-1 Avoidance of Nesting Burrowing Owls: No more than 72 hours prior to any site disturbances, focused surveys for the burrowing owl shall be conducted. If absence of this species is confirmed, project work can proceed. If, however, burrowing owl is located on site, the appropriate resource agencies (CDFW and USFWS) shall be contacted. The Applicant shall consult with the wildlife agencies regarding the most appropriate methods and timing for removal of owls. As necessary, owls will be actively evicted following agency approved protocols (i.e., placing a one-way door at the burrow entrance to ensure that owls cannot access the burrow once they leave). Any such active eviction shall occur outside of the breeding/nesting season. That is, if active eviction is required, eviction shall be accomplished between September 1 and February 15. If more than 30 days have elapsed between owl eviction and completion of clearing and grubbing activities, a subsequent survey for the burrowing owl shall be conducted to ensure that owls have not re-populated the site. Any reoccupation by owls will require subsequent protocol active eviction.

BIO-2 Avoidance of Nesting Migratory Birds: If possible, all vegetation removal activities shall be scheduled from August 1 to February 1, which is outside the general avian nesting season. This would ensure that no active nests would be disturbed, and that removal could proceed rapidly. If vegetation is to be cleared during the nesting season, all suitable habitat 1225
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-26 will be thoroughly surveyed within 72 hours prior to clearing for the presence of nesting birds by a qualified biologist (Biologist). The Biologist shall be approved by the City and retained by the Applicant. The survey results shall be submitted by the Applicant to the City Planning Department. If any active nests are detected, the area of nesting shall be flagged and mapped on the construction plans along with a minimum 300-foot buffer, with the final buffer distance to be determined by the Project Biologist. The buffer area shall be avoided until, as determined by the Biologist, the nesting cycle is complete, or it is concluded that the nest has failed. In addition, the Biologist shall be present on the site to monitor the vegetation removal to ensure that any nests, which were not detected during the initial survey, are not disturbed.

BIO-3 To the extent not considered and addressed in prior biological resources assessments, the Project DSFLF Study, or the January 2024 Biological Update, and to properly assess and address potential biological resources impacts, Biological Resources surveys shall be prepared prior to approval of Tentative Tract Maps within the Modified Project site. If suitable habitat is determined present onsite, subsequent focused surveys shall be completed and no “take” of any protected species and/or their habitat shall occur without obtaining the requisite regulatory permits from State and Federal agencies. b, c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that individual projects subject to CEQA environmental review would be required to determine whether there is potential habitat onsite for sensitive species. The Certified SEIR did not identify any significant impacts in this regard (Certified SEIR, p. 5.4-28).

Certified SEIR Mitigation Measures: None.

Modified Project: TOP 2050 SEIR (Section 5.4) concluded that the area encompassing The Avenue Specific Plan may function as potential habitat for the federally-listed Delhi DSFLF and Burrowing Owl. No other potentially significant impacts to candidate, sensitive, or special status species or their habitats were identified. 1226
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-27 Consistent with SEIR requirements, the Project site has been evaluated for the presence of potential habitat for sensitive species. The Project DSFLF Study substantiates that the Project site and surrounding areas are extensively disturbed as the result of current and historic human activities. Surveys conducted as part of the Project DSFLF did not indicate presence or potential presence of riparian habitat, other sensitive natural community, or protected wetlands. The Project does not propose or require facilities or activities that would result in potential adverse effects to off-site riparian habitat, other sensitive natural community, or protected wetlands. Project potential impacts to riparian habitat, sensitive natural communities, and protected wetlands is therefore considered less-thansignificant.

Modified Project Conditions of Approval: None.
d) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR states that no regional wildlife movement corridors have been identified in the City, and most of the City is ill-suited for the purposes of wildlife movement. Additionally, compliance with existing policies and regulations ensures impacts in this regard would be maintained at levels that would be less-than-significant (Certified SEIR, p. 5.4-30).

Certified SEIR Mitigation Measures: None.

Modified Project: No wildlife corridors or linkages are located onsite. Further, the site is bounded on all sides by roads and/or urban development, diminishing its potential to function as a wildlife movement corridor. Consistent with the conclusion of the Certified SEIR, the Modified Project would not interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites.

Modified Project Conditions of Approval: None.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-28 e, f) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR did not identify any conflicts with any local policies or ordinances protecting biological resources, adopted Habitat Conservation Plan, Natural Community Plan, or other approved local, regional, or state habitat conservation plan (Certified SEIR, pp. 5.4-30 – 5.4-31).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project would be required to comply with local policies and ordinances protecting biological resources. The Modified Project does propose or require development or activities that would conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

Modified Project Conditions of Approval: None.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different biological resources impacts would result from the Modified Project. No changed or new information has been identified to indicate that any impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; Habitat Suitability Evaluation (EnviroPlus Consulting, LLC) October 30, 2023; Biological Update for The Avenue Specific Plan (Planning Area 5) Project; City of Ontario, County of San Bernardino, California (VCS Environmental) January 16, 2024; The Avenue Specific Plan, 2024 Amendment. 1228
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-29

5. CULTURAL RESOURCES
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND or
EIR
No
Impact
a) Cause a substantial adverse change in
the significance of a historical resource
pursuant to Section 15064.5?
X
b) Cause a substantial adverse change in
the significance of an archaeological
resource pursuant to Section 15064.5?
X
c) Disturb any human remains,
including those interred outside of
formal cemeteries?
X
Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Historic resources in the City include historic districts, historic landmarks or points of historical interest, and other buildings, structures, objects, and sites that appear eligible for listing on the National, California, or Local Registers of Historic Places. The Certified SEIR concluded that adoption of TOP 2050 would not itself directly affect any historical structures; however, identified and potential historic structures and sites may be vulnerable as development occurs. The Certified SEIR concluded this was a potentially significant impact (Certified SEIR, pp. 5.5-18 – 5.5-19).

Certified SEIR Mitigation Measure:
5-1 Historic or potentially historic resources in the City shall be evaluated for historic significance through the City’s tier system prior to the issuance of plan or development approvals. Pursuant to City’s Development Code (Chapter 7, Historic Preservation), each historic resource shall be fully documented and cataloged pursuant to Historic American Building Survey/Historic American Engineering Record (HABS/HAER) standards, to provide a record of the resource, including, but not limited to: [i] the preparation of site 1229
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-30 plans, floor plans, exterior and interior elevations, and detail drawings of character defining features (such as moldings, stairs, etc.); and [ii] photographs of the resource, including the exterior, interior, and interior and exterior character defining features (such as moldings, light fixtures, trim patterns, etc.).

Even with the implementation of Mitigation Measure 5-1, the Certified SEIR concluded that impacts to historical resources would be significant and unavoidable (Certified SEIR, p. 5.5-23).

Modified Project: The Specific Plan area has been surveyed at least five times between 2004 and 2006, as follows.
• Stantec Consulting, Inc., A Phase I Cultural Resources Inventory and Paleontological Assessment for the 111-Acre Avenue Specific Plan Project, City of Ontario, County of San Bernardino, California, April 19, 2006.
• Chambers Group, Inc., Phase I and II Cultural Resources Survey of a 169-Acre Former Dairy Farm, Ontario, San Bernardino County, California, October 2005. • Chambers Group, Inc., Cultural Resources Survey of 13 Parcels Consisting of 173- Acres, Ontario, San Bernardino County, California, October 2005. • Chambers Group, Inc., Cultural Resources Survey of a 58-Acres Former Dairy Farm, Ontario, San Bernardino County, California, August 2004. • Chambers Group, Inc., Cultural Resources Survey of a 163-Acre Former Dairy Farm, Ontario, San Bernardino, California, September 2005.

Additionally, a cultural resources records search of the City was completed in December 2021. No historical resources have been identified within the Specific Plan area.

The Modified Project would be required to conform to City Conditions of Approval providing for protection of potentially significant historic resources, and would implement above-noted Certified SEIR Mitigation Measure 5-1. No additional measures are required or proposed for the Modified Project.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-31 With conformance to City Conditions of Approval, and implementation of mitigation, the potential for the Modified Project to adversely to result in cause a substantial adverse change in the significance of a historical resource would be less-than-significant. When compared to the Certified SEIR findings, no new or substantially increased impacts to paleontological resources would result from the Modified Project.

Modified Project Conditions of Approval: The Modified Project would implement applicable Certified SEIR mitigation measures.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Adoption of TOP 2050 would not of itself directly affect archaeological resources. However, buildout of TOP 2050 land use plan would allow development activities and ground disturbance affecting known and potential areas of archaeological sensitivity. These activities could potentially cause the disturbance of archeological resources. Therefore, future development that would be accommodated by TOP 2050 could potentially unearth previously unrecorded resources (Certified SEIR, p.

5.5-19).

Certified SEIR Mitigation Measure:
5-2 In areas of documented or inferred from evident archaeological and/or paleontological resource presence, City staff shall require applicants for development permits to provide studies to document the presence/absence of such resources. On properties where resources are identified, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified cultural preservation expert. The mitigation plan shall include the following requirements:
a) Archaeologists and/or paleontologist shall be retained for the project and will be on call during grading and other significant ground-disturbing activities. 1231
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-32 b) Should any cultural/scientific resources be discovered, no further grading shall occur in the area of the discovery until the Planning Director is satisfied that adequate provisions are in place to protect these resources.
c) Unanticipated discoveries shall be evaluated for significance by a San Bernardino County Certified Professional Archaeologist/Paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including catalog with museum numbers.

With the implementation of Mitigation Measure 5-2, the Certified SEIR concluded that impacts to archaeological and/or paleontological resources would be less-thansignificant. (Certified SEIR, p. 5.5-22).

Modified Project: No archeological resources have been identified within the Specific Plan area as part of the previously-listed archeological surveys or records search. The Modified Project would be required to conform to City Conditions of Approval providing for protection of potentially significant archeological resources, and would implement above-noted Certified SEIR Mitigation Measure 5-2.

With conformance to City Conditions of Approval, and implementation of mitigation, the potential for the Modified Project to adversely to result in cause a substantial adverse change in the significance of a historical resource would be less-than-significant. When compared to the Certified SEIR findings, no new or substantially increased impacts to archeological resources would result from the Modified Project.

Modified Project Conditions of Approval: The Modified Project would implement applicable Certified SEIR mitigation measures. Please refer also to Conditions of Approval that would be implemented under the topical heading “Tribal Cultural Resources.”
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-33 c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that compliance with existing regulations would ensure that the potential for TOP 2050 to disturb any human remains, including those interred outside of formal cemeteries was less-than-significant (Certified SEIR, p. 5.5-21).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project would be required to comply with all existing regulations, including the California Public Resources Code Section 5097.98, which would afford protection for any human remains discovered during development activities. On this basis, the potential for the Modified Project to result in disturbance of any human remains, including those interred outside of formal cemeteries would be lessthan-significant. When compared to the Certified SEIR findings, no new or substantially increased impacts related to potential disturbance of human remains would result from the Modified Project.

Modified Project Conditions of Approval: None.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different impacts to unique cultural resources would occur as a result of the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; Addendum to The Ontario Plan Environmental Impact Report, File Nos.: PGPA19-008, PSPA19-011, and PMTT19-015 (City of Ontario) 2020; The Avenue Specific Plan, 2024 Amendment.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-34

6. ENERGY
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND or
EIR
No
Impact
a) Result in potentially significant
environmental impact due to wasteful,
inefficient, or unnecessary consumption
of energy resources, during project
construction or operation?
X
b) Conflict with or obstruct a state or local
plan for renewable energy or energy
efficiency?
X
Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that regulatory compliance under TOP 2050 buildout conditions would promote building energy efficiency and vehicle fuel efficiency and reduce building energy demand and transportation-related fuel usage. Additionally, TOP 2050 includes policies related to land use and transportation planning and design, energy efficiency, public and active transit, and renewable energy generation that would contribute to enhanced building and transportation-related energy efficiencies and thereby reduce demands on nonrenewable sources of energy. Implementation of TOP 2050 Policies, energy efficiency and conservation measures articulated in the Community Climate Action Plan (CCAP), and compliance with regulatory requirements would ensure that energy consumption resulting from TOP 2050 buildout would not be inefficient, wasteful, or unnecessary. On this basis, the potential for TOP 2050 to result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources would be less-than-significant (Certified SEIR, pp. 5.6-9 – 5.6-12).

Certified SEIR Mitigation Measures: None.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-35 Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project in total would be required to comply with incumbent performance standards established under the Building Energy Efficiency Standards contained in the California Code of Regulations (CCR), Title 24, Part 6 (Title 24, Energy Efficiency Standards). The Modified Project would be required to conform to applicable CALGreen provisions (CCR, Title 24, Part 11 – CALGreen). CALGreen supports the goals of the State’s greenhouse gas reduction and building energy efficiency programs. The Modified Project would also implement applicable efficiency/conservation measures provisions of the CCAP and applicable CCAP updates.

Based on the preceding, the Modified Project would not result in or cause wasteful, inefficient, and unnecessary consumption of energy; and would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. When compared to impacts addressed in the Certified SEIR, no new or substantially increased energy impacts would occur under the Modified Project.

Modified Project Conditions of Approval: None.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR notes that TOP 2050 would comply with applicable provisions of the California Renewables Portfolio Standard Program (RPS); and current and future iterations of CALGreen. Additionally TOP 2050 includes policies supporting statewide goals to transition the electricity grid to renewable sources.

Mandated compliance with the CCAP and its updates would also be required for all new development under TOP 2050. On this basis, the Certified SEIR concluded that the potential for TOP 2050 to conflict with or obstruct a state or local plan for renewable energy or energy efficiency would be less-than-significant (Certified SEIR, pp. 5.6-13, 5.6- 14).

Certified SEIR Mitigation Measures: None.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-36 Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project would be required to comply with incumbent Building Energy Efficiency Standards contained in the California Code of Regulations (CCR), Title 24, Part 6, Energy Efficiency Standards including applicable CALGreen provisions. CALGreen supports the goals of the State’s greenhouse gas reduction and building energy efficiency programs. The Modified Project would also be required to implement applicable energy efficiency/conservation measures of the CCAP and its updates.

Based on the preceding, the Modified Project would not result in or cause wasteful, inefficient, and unnecessary consumption of energy; and would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency.

Modified Project Conditions of Approval: None.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different energy impacts would occur as a result of the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment. 1236
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-37

7. GEOLOGY AND SOILS
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND or
EIR
No
Impact
a) Directly or indirectly cause potential
substantial adverse effects, including
the risk of loss, injury, or death
involving:
(i) rupture of a known earthquake fault; X
(ii) strong seismic ground shaking; X
(iii) seismic-related ground failure,
including liquefaction; or X
(iv) landslides? X
b) Result in substantial soil erosion or the
loss of topsoil? X
c) Be located on a geologic unit or soil that
is unstable, or that would become
unstable as a result of the project, and
potentially result in on- or off-site
landslide, lateral spreading,
subsidence, liquefaction or collapse?
X
d) Be located on expansive soil, as defined
in Table 18-1-B of the Uniform Building
Code (1994), creating substantial direct
or indirect risks to life or property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal
systems where sewers are not available
for the disposal of wastewater?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or
unique geological feature?
X
Substantiation:
a – d) No Changes or New Information Requiring Preparation of an MND or EIR. 1237
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-38 Certified SEIR Conclusions: The Certified SEIR recognizes existing geological conditions and location of the City within a seismically active area. The Certified SEIR concludes that compliance with California Building Code (CBC) regulations and standard City Conditions of Approval would ensure that potential geology/soils impacts related to earthquakes, seismic hazards, erosion, and adverse soils conditions, would be maintained at levels that would be less-than-significant (Certified SEIR, pp. 5.7-18 – 5.7-21).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. All development proposals within the Modified Project site would be required to comply with CBC regulations and standard City Conditions of Approval, acting to preclude potentially significant geology/soils impacts. All potential geology and soils impacts associated with development of the subject site would be less-than-significant based on compliance with the Uniform Building Code, California Building Code, the Ontario Municipal Code, and applicable TOP 2050 Policies.

There are no known or suspected faults or other adverse geology/soils conditions affecting the subject site (Certified SEIR, pp. 5.7-4 – 5.7-16).5 As part of the City’s standard review and approval processes, the Modified Project would be required to comply with provisions of Final City-approved geotechnical report(s). Design of the Modified Project facilities would also be required to comply with applicable provisions of the Uniform Building Code (UBC), California Building Code (CBC), City Municipal Code, and would be required to implement applicable Ontario Plan strategies. Compliance with these measures would ensure that potential geology and soils impacts remain at levels that would be less-than-significant. The Modified Project would therefore not result in new, additional, or different geological/soils impacts not considered and addressed in the Certified SEIR.
5 This is also consistent with previous analysis prepared for the Project site. See: The Avenue 2020 Addendum to the Ontario Plan Environmental Impact Report [City File Nos. PGPA19-008, PSPA19-011, PMTT19-015] pp. 23 – 260).
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-39 Modified Project Conditions of Approval: None.
e) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Wastewater generated by new development pursuant to buildout of TOP 2050 would be conveyed to and treated at wastewater treatment facilities owned and operated by the Inland Empire Utilities Agency (Regional Plant No. 1 in the City of Ontario and Regional Plant No. 5 in the City of Chino).

The use of septic tanks for new development would be restricted to areas not “in practical proximity existing sewer mains . . .” (Certified SEIR, p. 5.7-22).

Based on the preceding, the Certified SEIR concluded that TOP 2050 would not result in adverse impacts related to use of septic tanks or alternative wastewater disposal systems and ability of soils to accept these systems.

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project site is fully served by existing and planned sewer service. The Modified Project does not propose or require use of septic systems.

Based on the preceding, there is no potential for the Modified Project to result in adverse impacts related to use of septic tanks or alternative wastewater disposal systems and ability of soils to accept these systems.

Modified Project Conditions of Approval: None.
f) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The geology underlying the City is common and typical within the region and is not considered unique (Certified SEIR, p. 5.7-20). 1239
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-40 Adoption of TOP 2050 in itself would not directly affect paleontological resources.

However, implementation of TOP 2050 land use plan could allow development and redevelopment of potentially sensitive areas. The Certified SEIR concluded this was a potentially significant impact (Certified SEIR, pp. 5.7-20, 5.7-21).

Certified SEIR Mitigation Measures:
5-2 In areas of documented or inferred archaeological and/or paleontological resource presence, City staff shall require applicants for development permits to provide studies to document the presence/absence of such resources. On properties where resources are identified, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified cultural preservation expert. The mitigation plan shall include the following requirements:
a. Archaeologists and/or paleontologist shall be retained for the project and will be on call during grading and other significant ground-disturbing activities. b. Should any cultural resources be discovered no further grading shall occur in the area of the discovery until the Planning Director or designee is satisfied that adequate provisions are in place to protect these resources.
c. Unanticipated discoveries shall be evaluated for significance by a San Bernardino County Certified Professional Archaeologist/Paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including a catalog with museum numbers.

With application of mitigation, the Certified SEIR concluded that TOP 2050 impacts to paleontological resources would be less-than-significant (Certified SEIR, p. 5.7-25).

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Certified SEIR indicates that there is a possibility of finding paleontological resources within the City boundaries at depths of 10 feet or more below ground surface (Certified SEIR, p. 5.7-22).

No known paleontological resources exist within the subject site or its vicinity. Moreover, 1240
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-41 soils underlying the site comprise younger Quaternary Alluvium sediments. These soils typically do not contain significant vertebrate fossils (The Avenue 2020 Addendum, p. 25). Additionally, per City Conditions of Approval, should any unanticipated paleontological resources be encountered during excavation, construction activities would be halted or would be relocated to other unaffected areas of the subject site. Under such circumstances, a qualified paleontologist would be retained to evaluate any encountered find. If the find is determined to be significant, avoidance or other appropriate measures shall be implemented.

Modified Project Conditions of Approval: The Modified Project would be required to conform to City Conditions of Approval providing for protection of potentially significant paleontological resources, and would implement above-noted Certified SEIR Mitigation Measure 5-2. No additional measures are required or proposed for the Modified Project.

With conformance to City Conditions of Approval, and implementation of mitigation, the potential for the Modified Project to adversely to result in cause a substantial adverse change in the significance of a paleontological resource would be less-than-significant.

When compared to the Certified SEIR findings, no new or substantially increased impacts to paleontological resources would result from the Modified Project.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different geology and soils impacts would occur as a result of the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment. 1241
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-42

8. GREENHOUSE GAS EMISSIONS
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
X
b) Conflict with any applicable plan,
policy or regulation of an agency
adopted for the purpose of reducing
the emissions of greenhouse gases?
X
Substantiation:
a, b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR substantiates that TOP 2050 would yield a net decrease in GHG emission when compared to the previous General Plan (TOP 2009) GHG emissions forecasts. Further, under TOP 2050 and the CCAP, the City would achieve State emissions reductions targets and would progress toward attainment of the State’s carbon neutrality goals. On this basis, the Certified SEIR concluded that the potential for TOP 2050 to generate greenhouse gas emissions, either directly or indirectly, that may have an adverse impact on the environment would be less-than-significant (Certified SEIR, pp. 5.8-25, 5.8-26).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. GHGs generated by the Modified Project are consistent with GHG emissions estimates reflected in the Certified EIR. For informational purposes, estimated GHGs generated by the Modified Project are presented at Table 8-1.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-43 Table 8-1
Modified Project GHG Emissions
GHG Emissions Sources
Emission (lbs./day)
CO2 CH4 N2O R Total CO2e
Mobile Source 48,509.00 2.54 2.45 75.33 49,376.80
Area Source 983.99 0.02 0.00 0.00 985.20
Energy Source 9,705.56 0.89 0.06 0.00 9,745.98
Water 665.34 6.15 0.15 0.00 864.42
Waste 351.51 35.13 0.00 0.00 1,229.82
Refrigerants 0.00 0.00 0.00 6.34 6.34
Total CO2e (All Sources) 62,208.56
Source: The Avenue Specific Plan, 2023 Amendment - Greenhouse Gas Assessment (Urban Crossroads, Inc.) May 8, 2024.

The Modified Project would be required to implement applicable provisions of the incumbent City CAP, to include measures and design features necessary to achieve applicable CAP GHG emissions reduction performance standards. The City CAP supports and complies with state and regional plans, policies, and regulations adopted for the purpose of reducing GHGs. On this basis, the Modified Project would not conflict with plans, policies, and regulations adopted for the purpose of reducing GHGs. The Modified Project would therefore not result in new, additional, or different impacts regarding consistency with applicable GHG emissions reduction plans, policies, and regulations not considered and addressed in the Certified SEIR.

Modified Project Conditions of Approval: None.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different GHG impacts would occur as a result of the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2023 Amendment - 1243
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-44 Greenhouse Gas Assessment (Urban Crossroads, Inc.) May 8, 2024; The Avenue Specific Plan, 2024 Amendment.

9. HAZARDS AND HAZARDOUS MATERIALS
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Create a significant hazard to the
public or the environment through the
routine transport, use, or disposal of
hazardous materials?
X
b) Create a significant hazard to the
public or the environment through
reasonably foreseeable upset and
accident conditions involving the
release of hazardous materials into the
environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
¼ mile of an existing or proposed
school?
X
d) Be located on a site which is included
on a list of hazardous materials sites
compiled pursuant to Government
Code Section 65962.5 and, as a result,
would it create a significant hazard to
the public or the environment?
X
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of
a public airport or public use airport,
would the project result in a safety
hazard or excessive noise for people
residing or working in the project area?
X
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency
evacuation plan?
X
g) Expose people or structures, either
directly or indirectly, to a significant
risk of loss, injury or death involving
wildland fires?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-45 Substantiation:
a, b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR determined that buildout in accordance with TOP 2050 would involve the transport, use, and/or disposal of hazardous materials.

However, federal and state regulations, City ordinances, and TOP 2050 Policies would appropriately control handling of hazardous substances to reduce potential releases; exposure; and risks of transporting, storing, treating, and disposing of hazardous materials and wastes. On this basis, the Certified SEIR concluded that the potential for TOP 2050 to result in adverse impacts related to transport, use, and/or disposal of hazardous materials; creation of significant hazards, or result in hazardous emissions affecting schools, would be less-than-significant (Certified SEIR, pp. 5.1-4 – 5.1-10).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project would not result in or cause exposure(s) to hazards or potentially hazardous conditions.

That is, uses proposed by the Modified Project are not considered hazardous. Nor does the Modified Project propose or require facilities or operations involving inherent substantial hazards.

During the normal course of construction and operation activities, there would be limited transport of potentially hazardous materials (e.g., gasoline, diesel fuel, paints, solvents, fertilizer, etc.) to and from the Modified Project site. However, as presented within the Certified SEIR, the Modified Project would be required to comply with all City and County Hazardous Materials Management Plans and regulations addressing transport, use, storage and disposal of these materials. The Modified Project does not propose or require uses or activities that would result in atypical transportation, use, storage, or disposal of hazardous or potentially hazardous materials not addressed under current regulations and policies.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-46 Further, any commercial/retail occupancies within the Modified Project that would store or use hazardous materials would be required to comply with California Hazardous Materials Business Plan (HMBP) requirements (California Health & Safety Code, Division 20, Chapter 6.95). The HMBP contains detailed information on the storage of hazardous materials at regulated facilities. The purpose of the HMBP is to prevent or minimize damage to public health, safety, and the environment, from a release or threatened release of a hazardous material. The HMBP also provides emergency response personnel with adequate information to help them better prepare and respond to chemical-related incidents at regulated facilities.

Existing Hazards/Hazardous Conditions
Previous Analyses
Hazardous or potentially hazardous conditions affecting the subject site have been extensively evaluated previously in Phase I/II Environmental Site Assessments (Phase I/II ESAs) as well as Methane Gas Investigation prepared in support of the Certified 2007 EIR for The Avenue Specific Plan (Certified 2007 EIR, SCH No. 2005071109). These Phase I/II ESAs and Methane Gas Investigation Studies are listed below and are incorporated here by reference. All of the listed documents are available through the City of Ontario.

Phase I Environmental Site Assessments
• Blasland, Bouck & Lee, Inc. Phase I Environmental Site Assessment and Shallow Soil Sampling, Anderson Property APN No. 218-181-17 and 218-181-21 Ontario, California, March 2001.
• Carlin Environmental Consulting, Environmental Site Assessment of The Vander Eyk Dairy 13750 S. Haven Avenue Ontario, California, September 29, 2004. • Geokinetics, Phase I Environmental Site Assessment Koopman Property Ontario, California, October 3, 2002.
• Geokinetics, Phase I Environmental Site Assessment Schoneveld Property Ontario, California, November 25, 2002.
• Geokinetics, PhaseI Environmental Site Assessment Harada Property OntarioCalifornia, January 3, 2003.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-47 • Geokinetics, Phase I Environmental Site Assessment Jongsma Property Ontario, California, August 29, 2003.
• Geokinetics, Phase I Environmental Site Assessment Hettinga Property Ontario, California, June 5, 2004.
• Geokinetics, Phase I Environmental Site Assessment Ferreira Property 13950 Haven Avenue Chino, California, February 17, 2005.
• Geokinetics, Phase I Environmental Site Assessment DeGroot Property 14080 Haven Avenue Ontario, California, February 28, 2005.
• Geokinetics, Phase I Environmental Site Assessment Kaplan Property 13923 Archibald Avenue Ontario, California, March 16, 2005.
• Geokinetics, Phase I Environmental Site Assessment Anderson-Dotson Property Ontario, California, November 25, 2002.
• Lawson & Associates, Phase I Environmental Site Assessment Approximate 58-Acre Dairy Property 13737 South Archibald Avenue San Bernardino County, California, December 19, 2003.
• Lawson & Associates, Phase I Environmental Site Assessment Dykstra Dairy, 10129 Schaefer Avenue City of Ontario, San Bernardino County California, February 8, 2005.
• Lawson & Associates, Phase I Environmental Site Assessment Ferreira Dairy, 13950 Haven Avenue City of Ontario, San Bernardino County California, March 15, 2005. • LGC Inland, INC, Phase I Environmental Site Assessment DeGroot Dairy, 14080 Haven Avenue City of Ontario, San Bernardino County California, February 7, 2005. • Stantec, Phase I Environmental Site Assessment L & M Dairy #2 Parentex Property, City of Ontario, California, April 10, 2006.

Phase II Environmental Site Assessment
• Lawson & Associates, Phase II Soil Sampling Investigation, Del Amo Dairy, 13737 South Archibald Avenue, City of Ontario, San Bernardino County, California, January 21, 2004.

Methane Gas Investigations
• Geokinetics, Subsurface Methane Gas Investigation for The Koopman Property Ontario, California, October 11, 2002.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-48 • Geokinetics, Subsurface Methane Gas Investigation for Schoneveld Property Ontario, California, November 25, 2002.
• Geokinetics, Subsurface Methane Gas Investigation for Harada Property Ontario, California, January 3, 2003.
• Geokinetics, Subsurface Methane Gas Investigation for Jongsma Property Ontario, California, August 29, 2003.
• Geokinetics, Subsurface Methane Gas Investigation for Hettinga Property Ontario, California, June 5, 2004.
• Geokinetics, Subsurface Methane Gas Investigation DeGroot Property 14080 Haven Avenue Ontario, California, March 1, 2005.
• Geokinetics, Preliminary Subsurface Methane Gas Investigation Kaplan Property 13923 Archibald Avenue Ontario, California, March 16, 2005.
• Geokinetics, Subsurface Methane Gas Investigation for Anderson-Dotson Property Ontario, California, November 25, 2002.
• Lawson & Associates. Preliminary Subsurface Methane Gas Investigation Ferreira Property Ontario, California, February 18, 2005.
• Lawson & Associates. Preliminary Methane Site Assessment, Proposed Residential Development, Dykstra Parcel, City of Ontario, California, October 24, 2005. • Petra Environmental Division, Report of the Site History Relative to The Potential for Methane Generation, 60-Acre Parcel, Designated as (APN 0218-201-44 and 15) Located in the City of Ontario, County of San Bernardino, California, August 9, 2004.

Modified Project Phase I ESA
Complementing the above-cited Phase I/II ESAs, a focused updated Phase I ESA (Phase I Environmental Site Assessment - 13838, 13898, 14058 S. Archibald Avenue [Hillmann Consulting] June 30, 2023, 2023 Phase I ESA) has been prepared in support of this Addendum. The 2023 Phase I ESA concluded that the evaluated properties are not adversely affected by any recognized environmental conditions (RECs), controlled recognized environmental conditions (CRECs) and/or significant data gaps (SDGs) (2023 Phase I ESA, p. 3).

Modified Project Conditions of Approval: The Modified Project would be required to implement federal and state regulations, City ordinances, and TOP 2050 Policies 1248
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-49 addressing potential hazards or hazardous conditions that could result from construction and operation of the Project uses. Additionally, the Modified Project would be required to implement federal and state regulations, City ordinances, and TOP 2050 Policies. To ensure compliance with applicable regulations, ordinances, and policies, the following measures are included as Project Conditions of Approval.

HM-1 Removal of structures, including, but limited to, under- and aboveground storage tanks, septic systems, and water wells shall conform to all Federal, State, and local agency regulations (specifically with those required by the City Building and Safety Department and the Hazardous Materials Division of the San Bernardino County Fire Department).

Due to the extensive disposal requirements and protocols contained within these regulatory schemes, implementation and adherence to these various regulatory requirements will ensure that no significant impacts occur.

HM-2 Prior to grading activities for any areas not previously tested, a methane gas assessment shall be prepared by a licensed professional with expertise in soil gas assessments for subdivisions proposed on former dairies, poultry ranches, hog ranches, livestock feed operations and similar facilities to determine the presence of methane gas within the project boundary. The methane gas assessment shall identify monitoring and mitigation strategies and approaches. All mitigation measures/plans and specifications shall be reviewed and approved by the City of Ontario.

Such an assessment may take two steps. A preliminary assessment will be done prior to grading to determine exactly where dairies have existed in the past so that the post grading assessment/mitigation measures can be focused on the portions of the Planning Areas that have included former agricultural activities. The second step will include actual testing of graded pads no sooner than 30 days after construction to determine if methane is detected above 5,000 ppm.

The following grading guidelines shall also be adhered to:
• Careful clearing, grubbing, segregation, and stockpiling or disposal near surface, of organics-rich soils at the site prior to the initiation of mass grading activities. 1249
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-50 • The identification and segregation/stockpiling or disposal of deeper soils which contain elevated levels of organic material. Soils with an organic content of 0.4% or higher shall be segregated for controlled placement that ensures that methane levels are below 5,000 ppm. • Soils with organic content in excess of 0.4% shall not be placed as “deep” fill. Soils with organic contents in excess of this amount shall be placed in open areas within approximately two feet of the finished ground surface.

HM-3 To eliminate the risk of ground cracking, manure shall be removed from the site, such that the organic matter content of onsite soils shall not exceed 2% (a 2% total organic content is allowed, of which no more than 1% can be manure) in the building foundation areas when mixed with underlying clean soils and imported fill.

HM-4 To the extent not previously prepared and to properly assess and address potential hazardous materials, a Phase I Environmental Site Assessment (ESA) shall be performed by a registered environmental assessor (REA) prior to the approval of the Tentative Tract Map, site plan or other discretionary approval for a given phase of development. If potential hazardous materials or conditions are identified in the Phase I report, the recommendations of the ESA shall be implemented. Such recommendations shall include surficial sampling and chemical analysis within agricultural areas or where soil staining was observed. The Phase I ESA shall be provided to the City and shall be included in any CEQA analysis prepared in connection with the consideration of the discretionary approval for development.

HM-5 If, while performing any excavation as part of Project construction, material that is believed to be hazardous waste as defined in Section 25117 of the California Health and Safety Code is discovered, the developer shall contact the City Fire Department and the County of San Bernardino Fire Department Hazardous Materials Division. Excavation shall be stopped until the material has been tested and the absence of hazardous waste has been confirmed.

If hazardous waste is determined to be present, the California Department of Toxic Substances control shall be contacted and the material shall be removed and disposed of pursuant to applicable provisions of California law.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-51 Conditions of Approval identified herein, implementation of federal and state regulations, compliance with City ordinances, and TOP 2050 Policies act to maintain potential hazards/hazardous materials impacts at levels that would be less-thansignificant. On this basis, the potential for the Modified Project to adversely to create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials; or create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment would be less-than-significant. c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR determined that buildout in accordance with TOP 2050 would involve the transport, use, and/or disposal of hazardous materials.

However, federal and state regulations, City ordinances, and TOP 2050 Policies would appropriately control handling of hazardous substances to reduce potential releases; exposure; and risks of transporting, storing, treating, and disposing of hazardous materials and wastes. On this basis, the Certified SEIR concluded that the potential for TOP 2050 to result in adverse impacts related to transport, use, and/or disposal of hazardous materials; creation of significant hazards, or result in hazardous emissions affecting schools, would be less-than-significant (Certified SEIR, pp. 5.1-4 – 5.1-10).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project does not propose or require uses that would handle hazardous or acutely hazardous materials, substances, or waste. The Modified Project would not result in potentially significant hazardous impacts at existing or proposed vicinity schools.6
Modified Project Conditions of Approval: None.
6 Note: Any occupation of the potential school site within the SPA would occur subsequent to development of the SPA uses generally. As such, school occupants would not be subject to any SPA construction-source impacts.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-52 d) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Development in accordance with TOP 2050 would involve redevelopment and reuse of some sites listed as hazardous materials sites on environmental databases. The environmental databases document the presence of hazardous materials on those sites, but do not document hazardous releases.

Redevelopment of the affected sites could potentially expose future residents and workers to hazards from known hazardous materials releases on and near the sites.

Should environmental database listed sites be proposed for development, site assessments for hazardous materials and remediation of hazardous materials releases would be required in accordance with TOP 2050 Policies, federal, state, and local regulations. On this basis, the Certified SEIR concluded that the potential for development pursuant to TOP 2050 to be located on hazardous materials sites, and thereby create adverse hazard impacts affecting the public or environment would be lessthan-significant (Certified SEIR, pp. 5.9-38, 5.9-39).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project site is not affected by any recognized environmental conditions (RECs), controlled recognized environmental conditions (CRECs) and/or significant data gaps (SDGs). This would include potential listing as a hazardous material site pursuant to Government Code Section 65962.5. Additionally, as discussed in the Certified SEIR, the Modified Project would be required to comply with applicable TOP 2050 Policies, federal, state, and local regulations, ensuring that hazards/hazardous materials impacts are maintained at levels that would be less-than-significant. Therefore, the Modified Project would not create a hazard to the public or the environment and no impact is anticipated.

On this basis, there is no potential for the Modified Project to be located on a Government Code Section 65962.5-listed site, and thereby would not create adverse hazard impacts affecting the public or environment. When compared to the Certified SEIR findings, no 1252
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-53 new or substantially increased impacts related to development affecting Government Code Section 65962.5-listed sites would result from the Modified Project.

Modified Project Conditions of Approval: None.
e) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Ontario International Airport (ONT), as well as a small portion of the Chino Airport property, is located within the City of Ontario. The Certified SEIR determined that TOP 2050 Policies and established processes for consistency reviews of new development with the appropriate Airport Land Use Compatibility Plan (ALUCP) would be sufficient to prevent significant impacts (Certified SEIR, p. 5.8-27).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Location of area airports relative to the Modified Project site has not changed since preparation of the Certified SEIR – the site remains more than two miles distant from the nearest airport; the nearest airport is ONT, located approximately 3.3 miles north of the Modified Project site.

The Modified Project site is located within the area subject to provisions of The ONT Airport Land Use Compatibility Plan, ALUCP (July 2018). The ALUCP defines the ONT Airport Influence Area (AIA) as an area in which current and future airport-related noise, overflight, safety, and airspace protection factors may significantly affect land uses or necessitate restriction on those uses. The Modified Project site is located outside the ONT safety zones (see: TOP 2050 Policy Plan Figure LU-06, Airport Safety Zones & Influence Areas). As with the development anticipated under the Original Project and evaluated in the Certified SEIR, development implemented pursuant to the Modified Project would comply with all requirements set forth within the ALUCP. Based on the preceding, the potential for the Modified Project to result in airport-related safety hazard impacts or excessive noise impacts would be less-than-significant. 1253
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-54 Modified Project Conditions of Approval: None.
f) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: In 2018, the City of Ontario prepared a Local Hazard Mitigation Plan (LHMP) to identify the City’s hazards, review and assess past disaster occurrences, estimate the probability of future occurrences, and set goals to reduce or eliminate long-term risk to people and property from natural and man-made hazards.

Wildfire hazard is rated the highest risk of the 23 hazards evaluated, followed by flooding. Under the LHMP, interstate highways would serve as major emergency response and evacuation routes. TOP 2050 Policies and local roadways are designed and constructed so as to facilitate access under normal and emergency conditions.

A review of emergency access is included as part of the standard City’s Design Review process. Additionally, the Ontario Fire Department reviews development applications to ensure that adequate emergency accessibility is provided based on local and state guidance.

Based on the preceding, the Certified SEIR concluded that buildout of the City in accordance with TOP 2050 would not impair implementation of, or physically interfere with, an adopted emergency response plan or emergency evacuation plan. Impacts in these regards would be less-than-significant (Certified SEIR, p. 5.9-41).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project does not propose or require permanent alteration of vehicle circulation routes, and would not interfere with any identified emergency response or emergency evacuation plan.

Standard City design review processes include coordination with fire and police departments during pre-construction review of plans to ensure that potential interference with emergency response plans and evacuation plans are avoided. Based on the preceding, the Modified Project would not impair implementation of, or physically 1254
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-55 interfere with, an adopted emergency response plan or emergency evacuation plan.

Impacts in these regards would be less-than-significant.

Modified Project Conditions of Approval: None.
g) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR identifies available resources addressing wildland fires and associated potential impacts. These resources include: CAL FIRE 2019 Strategic Fire Plan for California, the California Fire Code, County of San Bernardino Multijurisdiction Hazard Management Plan, the Ontario LHMP, and fire services from the Ontario Fire Department. The Certified SEIR determined that adherence to existing regulations and review of building plans by the Ontario Fire Department, development and infrastructure associated with TOP 2050 would not exacerbate risk or result in postwildfire hazards. No significant impacts were identified (Certified SEIR, p. 5.9-41).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project site is located in an urbanized area, and no wildlands are located in the vicinity of the site. Fire protection services are provided by the Ontario Fire Department. Preconstruction coordination with Ontario Fire Department staff and adherence to local fire department regulations during construction and operation of the Modified Project would be required. As such, no new or substantially increased impacts related to wildland fire impacts would result from the Modified Project.

Modified Project Conditions of Approval: None.

Summary
When compared to the Certified SEIR findings, no new or substantially increased hazards or hazardous emission impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from 1255
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-56 the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; Phase I Environmental Site Assessment - 13838, 13898, 14058 S. Archibald Avenue (Hillmann Consulting) June 30, 2023; The Avenue Specific Plan, 2024 Amendment.

10. HYDROLOGY AND WATER QUALITY
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade
surface or ground water quality?
X
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the
basin?
X
c) Substantially alter the existing
drainage pattern of the site or area,
including through the alteration of the
course of a stream or river or through
the addition of impervious surfaces, in
a manner which would:

X
(i) result in substantial erosion or
siltation on- or off-site? X
(ii) substantially increase the rate
or amount of surface runoff in
a manner which would result
in flooding on- or offsite?
X
(iii) create or contribute runoff
water which would exceed the
capacity of existing or planned
stormwater drainage systems
or provide substantial
additional sources of polluted
runoff?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-57 Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
(iv) impede or redirect flood
flows? X
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
X
e) Conflict with or obstruct
implementation of a water quality control
plan or sustainable groundwater
management plan?
X
Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR recognizes that buildout of the City pursuant to TOP 2050 would increase concentrations of pollutants during construction and post-construction activities. To address potential water quality impacts resulting from project construction and operations, projects are required to comply with provisions of the City’s National Pollutant Discharge Elimination System (NPDES) permit. NPDES permit requirements include, but are not limited to, mandated preparation of a Stormwater Pollution Prevention Plan (SWPPP) and Water Quality Management Plan (WQMP). Mandated SWPPPs and WQMPs are required to develop and implement Best Management Practices (BMPs) to reduce construction-source and operational-source stormwater pollutant discharges. Based on compliance with the City NPDES Permit and implementation of required SWPPPs and WQMPs, the Certified SEIR did not identify any significant water quality impacts (Certified SEIR, p. 5.10-21).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Consistent with City 1257
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-58 requirements, a WQMP and SWPPP would be prepared for development proposals under the Modified Project. City review and approval of these documents is required prior to issuance of Grading Permits. As with the Original Project, implementation of an approved SWPPP and WQMP would reduce the potential for the development under the Modified Project to violate water quality standards or otherwise adversely affect water quality to levels that would be less-than-significant.

Based on the preceding, the Modified Project’s potential to violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality is considered less-than-significant. When compared to the Certified SEIR findings, no new or substantially increased water quality impacts would result from the Modified Project.

Modified Project Conditions of Approval: None.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: As discussed in the Certified SEIR, “[a]pproximately 46 percent of the City’s water supply is groundwater pumped by the City from the Chino Groundwater Basin; groundwater pumping is managed by OMUC so that domestic demands do not exceed the safe yield for the basin, consistent with the Chino Basin Watermaster’s Optimum Basin Management Program, commonly called the ‘OBMP Peace Agreement’” (Certified SEIR, p. 5.10-22). The Certified SEIR notes further “the Chino Groundwater Basin is adjudicated and is considered by DWR to be a very low priority groundwater basin. Each water purveyor has an allotted amount of water that can be pumped from the basin so that the safe yield is not exceeded. The City has access to additional water supplies that can accommodate the proposed increase in growth with buildout of [TOP 2050] and would not interfere with sustainable management of the groundwater basin” (Certified SEIR, p. 5.10-22).

The Certified SEIR recognizes that development pursuant to TOP 2050 would increase the amount of impervious surface within the City. However, groundwater recharge efforts would not be hindered. To these ends, all development projects within the City 1258
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-59 would be required to prepare project-specific hydrology studies, implement low impact development BMPs and comply with NPDES regulations supporting TOP 2050 Policies promoting infiltration of runoff and groundwater recharge.

Based on the preceding, TOP 2050 would not result in substantial adverse impacts affecting groundwater supplies, groundwater recharge, or groundwater sustainability (Certified SEIR, p. 5.10-23).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Direct additions to or withdrawals of groundwater are not proposed or required by the Modified Project.

Construction proposed by the Modified Project would not involve massive substructures at depths that would significantly impair or alter the direction or rate of flow of groundwater. The Modified Project does not propose or require uses or facilities that would affect designated groundwater recharge areas. All development proposals under the Modified Project would be required to prepare development-specific hydrology studies, implement low impact development BMPs and comply with NPDES regulations supporting TOP 2050 Policies promoting infiltration of runoff and groundwater recharge.

Based on the preceding, the Modified Project would not result in substantial adverse impacts affecting groundwater supplies, groundwater recharge, or groundwater sustainability.

Modified Project Conditions of Approval: None.
c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Consistent with NPDES requirements, runoff quantities would not be permitted to substantially increase as a result of a development under TOP 2050. In this regard, projects would be required to prepare project-specific hydrology studies. Further, existing City policies encourage the use of low impact development 1259
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-60 strategies to intercept runoff, reduce stormwater discharge rates, increase infiltration and ultimately reduce discharge volumes to traditional storm drain systems.

The Certified SEIR notes that while the amount of impervious surfaces would be increased under TOP 2050 (and thus surface water flows into drainage systems), existing City and County requirements would ensure significant impacts related to alteration of drainage patterns do not occur. Additionally, City policies and regulations act to minimize or avoid development or other actions that would potentially result in impedance or redirection of flood flows (Certified SEIR, pp. 5.10-23 – 5.10-27).

Based on the preceding, the potential for development under TOP 2050 to substantially alter existing drainage patterns resulting in erosion, flooding, polluted runoff, or impeded or redirected flood flows would be less-than-significant.

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Per requirements of The Avenue Specific Plan, 2024 Amendment:

The grading and drainage of The Avenue Specific Plan area shall be designed to detain, filter and treat surface runoff, in a manner and combination which is practical, to comply with the most recent requirements of the San Bernardino County NPDES Stormwater Program’s Water Quality Management (WQMP) for significant new development projects. The objective of the WQMP for this project is to minimize the detrimental effects of urbanization on the beneficial uses of receiving waters, including effects caused by increased pollutants and changes in hydrology. These effects may be minimized through the implementation of site designs that reduce runoff and pollutant transport by minimizing impervious surfaces and maximizing on-site infiltration, Source Control Best Management Practices (BMPs) and/or either on-site structural Treatment Control BMPs, or participation in regional or watershed-based 1260
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-61 Treatment Control BMPs. An alternative to the implementation of on-site Low Impact Development (LID) BMPs to retain/infilter and treat stormwater runoff is the utilization of the off-site, regional Mill Creek Wetland facility for accomplishing water quality improvements in residential project runoff from this master planned community. All nonresidential planning area projects within The Avenue will incorporate all required on-site LID BMPs, pursuant to the requirements of the current San Bernardino County Water Quality Management Plan.

Prior to the issuance of a grading or construction permit, all projects greater than 1-acre in size shall apply for coverage under the California General Permit To Discharge Storm Water Associated with Construction Activity, obtain a WDID# from the State Water Resources Control Board and prepare a Stormwater Pollution Prevention Plan (SWPPP) on the CASQA 2009 Template form and upload it to the State SMART database system. A copy of each SWPPP document and [Waste Discharger Identification Number] WDID# Certification shall also be provided to the City of Ontario, prior to any construction permit issuance. The SWPPP will identify and detail all appropriate Best Management Practices (BMPs) to be implemented or installed during construction of the project.

In addition to the preparation of a SWPPP for construction-related activities, and as part of the approval of any grading plans within the Specific Plan Area, the applicant will be required to submit a Water Quality Management Plan (WQMP) on the regional model form provided by the City. The WQMP shall identify and detail all Site Design BMPs, Source 1261
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-62 Control BMPs and Treatment Control BMPs to be implemented or installed at this site in order to reduce storm water pollutants and site runoff.7 All Priority Land Use (PLU) areas within the Specific Plan Area shall comply with the statewide Trash Provisions adopted by the State Water Resources Control Board (SWRCB) and trash requirements in the most current San Bernardino County Area-Wide MS4 Permit.
[The Avenue Specific Plan, 2024 Amendment, pp. 4-29, 4-30] Requirements of the Specific Plan Amendment outlined above in combination with City Conditions of Approval would ensure that the potential for development pursuant to the Modified Project to alter drainage patterns in a manner that would result in adverse erosion, siltation, flooding/flood flow or stormwater system capacity impacts would remain at levels that would be less-than-significant.

Modified Project Conditions of Approval: None.
d) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: As discussed in the Certified SEIR, “there are no large bodies of water that would result in a seiche during seismic activity. Additionally, the reservoirs/aboveground water tanks within the City are enclosed, thereby minimizing the possibility of a seiche. The [City] is inland and approximately 30 miles from the ocean and is not at risk of flooding due to tsunamis. Based on the preceding, the Certified SEIR concluded that TOP 2050 would not result in adverse impacts related to flood hazard, tsunami, or seiche zones, risk release of pollutants due to inundation (Certified SEIR, pp.

5.10-26, 5.10-27).
7 The Mill Creek Wetland Facility (Facility) has been constructed and functional since June 2014. The Facility serves as an alternative to on-site LID BMP implementation for residential tract developers that are members of the Ontario Ranch Builders, LLC consortium and which have adequate reserved capacity in the regional facility for those planning areas. Portions of the Project site acres developed by non-members, would be required to make other arrangements or utilize another, future regional water quality facility. All non-residential planning area projects within The Avenue, including Public Schools, will incorporate on-site LID BMPs, in accordance with the regional NPDES Permit and the current San Bernardino County Water Quality Management Plan, and shall not rely on the regional wetlands facility for retention and treatment of runoff water. 1262
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-63 Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. Conditions at the Modified Project site as regards flood hazard impacts, tsunami hazard impacts, or seiche hazard impacts have not changed since preparation of the Certified SEIR – the site remains unaffected by substantial potential flood hazards, tsunami hazards, or seiche hazards.

Further, any commercial/retail occupancies within the Modified Project that would store or use hazardous materials would be required to comply with California Hazardous Materials Business Plan (HMBP) requirements (California Health & Safety Code, Division 20, Chapter 6.95) The HMBP contains detailed information on the storage of hazardous materials at regulated facilities. The purpose of the HMBP is to prevent or minimize damage to public health, safety, and the environment, from a release or threatened release of a hazardous material, including potential release of materials in a flood event.

Based on the preceding the potential for the Modified Project to result in release of pollutants due to an inundation event would be less-than-significant.

Modified Project Conditions of Approval: None.
e) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: As discussed in the Certified EIR, “[p]rojects approved under TOP 2050 would be required to comply with the Santa Ana River Basin Plan and to control pollutants in discharges of stormwater from postconstruction activities under NPDES Permit No. CAS618036 through preparation of a WQMP identifying BMPs for prevention of stormwater pollution during the post-construction phase, including sitedesign, source-control, and/or treatment BMPs. Therefore, [TOP 2050] would not obstruct or conflict with the RWQCB’s Basin Plan or any groundwater management plan, and impacts would be less than significant” (Certified SEIR, p. 5.10-27).

Certified SEIR Mitigation Measures: None.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-64 Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. The Modified Project does not propose or require uses or facilities that would conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan. The Modified Project would have no impacts in these regards.

Modified Project Conditions of Approval: None.

Summary
When compared to the Certified SEIR findings, no new or substantially increased hydrology or water quality impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment.

11. LAND USE AND PLANNING
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Physically divide an established
community? X
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation adopted
for the purpose of avoiding or
mitigating an environmental effect?
X
Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR. 1264
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-65 Certified SEIR Conclusions: The Certified SEIR concluded that implementation of TOP 2050 would not result in result in the physical division of an established community (Certified SEIR, p. 5.11-6).

Certified SEIR Mitigation Measures: None.

Modified Project: No established community is located within the Modified Project site.

The Modified Project would not otherwise result in potential division of an established community. The Modified Project would have no impacts in these regards.

Modified Project Conditions of Approval: None.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that implementation of TOP 2050 would not result in significant land use impacts (Certified SEIR, p. 5.11-11).

Certified SEIR Mitigation Measures: None.

Modified Project: Land use plans, policies, or regulations adopted for the purpose of avoiding or mitigating environmental effects are established under the TOP 2050. The Modified Project amends the site’s current land use designations to conform to TOP 2050 land use designations.

The Modified Project would be required to comply with applicable TOP 2050 Policies, applicable requirements of The Avenue Specific Plan, 2024 Amendment and provisions of the City Development Code. Collectively, TOP 2050 Policies, the City Development Code, and The Avenue Specific Plan, 2024 Amendment, and act to minimize potential environmental effects that may result from the land uses implemented under the Modified Project. On this basis, the potential for the Modified Project to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect is considered less-than-significant. 1265
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-66 Modified Project Conditions of Approval: None.

Summary
When compared to the Certified SEIR findings, no new or substantially increased land use and planning impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment.

12. MINERAL RESOURCES
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Result in the loss of availability of a
known mineral resource that would be
of value to the region and the residents
of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan, or other
land use plan?
X
Substantiation:
a, b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that implementation of TOP 2050 would have no potential to result in the loss of a known mineral resource of value to the region or the state; or result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan (Certified SEIR, p. 5.12-6).
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-67 Certified SEIR Mitigation Measures: None.

Modified Project: Underlying conditions at the subject site have not changed since preparation of the Certified SEIR, and the site remains devoid of any potentially valuable or locally-important mineral resources. On this basis, the Modified Project would have no potential to result in the loss of a known mineral resource of value to the region or the state; or result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. No new or substantially increased mineral resources impacts would result from the Modified Project.

Modified Project Conditions of Approval: None.

Summary
Based on the preceding, when compared to impacts identified in the Certified SEIR, no new or substantially increased mineral resources impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment. 1267
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-68

13. NOISE
Would the project result in:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Generation of a substantial temporary
or permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance,
or applicable standards of other
agencies?
X
b) Generation of excessive groundborne
vibration or groundborne noise levels? X
c) For a project located within the vicinity
of a private airstrip or an airport land
use plan or, where such a plan has not
been adopted, within two miles of a
public airport or public use airport,
would the project expose people
residing or working in the project area
to excessive noise levels?
X
General Note: The technical analyses referenced in this section reflect likely maximum impacts.

Subsequent to preparation of these analyses, total residential development intensities allowed under the Modified Project have been reduced consistent with direction. Specifically, the technical analyses referenced herein assume residential development of the Modified Project totaling up to 3,807 dwelling units (see Project Traffic Analysis, p. 2 et al.). As subsequently modified, maximum allowed residential development under the Modified Project would not exceed 3,753 dwelling units (see Section 2.0, Project Description, Table 2.1-1).

Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR determined that new development implemented pursuant to TOP 2050 would result in temporary noise increases at sensitive receptors during construction activities (Certified SEIR, p. 5.13-28). Certified 1268
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-69 SEIR Mitigation Measure 12-4, below, would reduce construction noise but would not avoid this impact or reduce the impact to levels that would be less-than-significant.

Certified SEIR Mitigation Measure:
12-4 Construction activities associated with new development that occurs near sensitive receptors shall be evaluated for potential noise impacts. Construction contractors shall implement the following measures for construction activities in the City of Ontario. Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans. The City of Ontario Planning and Building Departments shall verify that grading, demolition, and/or construction plans submitted include these notations prior to issuance of demolition, grading, and/or building permits.
• Construction activity is limited to the hours between 7:00 am and 6:00 pm Monday through Friday and 9:00 am to 6:00 pm Saturdays and Sundays, as prescribed in Municipal Code Section 5-29.09.
• During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques wherever feasible (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds).
• Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools. • Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses.
• Stockpiling shall be located as far as feasible from nearby noise-sensitive receptors. • Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency.
• At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. 1269
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-70 If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City. • Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noiseproducing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off backup alarms and replace with human spotters in compliance with all safety requirements and laws.
• Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq.

Barriers shall be constructed with a solid material that has a density of at least 1.5 pounds per square foot with no gaps from the ground to the top of the barrier and may be lined on the construction side with an acoustical blanket, curtain, or equivalent absorptive material.

Modified Project: Potential noise impacts of the Modified Project are evaluated in The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024 (Noise Impact Analysis, Addendum Appendix E). Analysis and conclusions of the Noise Impact Analysis are summarized below.

Noise Standards
Noise impacts would be considered significant if any of the following criteria are exceeded, as shown in Table 13-1.

Table 13-1
Significance Criteria Summary
Analysis Receiving
Land Use
Condition(s) Significance Criteria
Daytime Nighttime
Off-Site
Traffic All
If ambient is < 60 dBA CNEL ≥ 5 dBA CNEL Project increase If ambient is 60 - 64 dBA CNEL ≥ 3 dBA CNEL Project increase 1270
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-71 Table 13-1
Significance Criteria Summary
Analysis Receiving
Land Use
Condition(s) Significance Criteria
Daytime Nighttime
If ambient is >= 65 dBA CNEL ≥ 1.5 dBA CNEL Project increase On-Site
Traffic All See Exhibit 3-A of the Noise Impact Analysis.

Operational NoiseSensitive
Exterior Noise Level Standards 65 dBA Leq 45 dBA Leq
if ambient is < 60 dBA Leq ≥ 5 dBA Leq Project increase if ambient is 60 - 65 dBA Leq ≥ 3 dBA Leq Project increase if ambient is > 65 dBA Leq ≥ 1.5 dBA Leq Project increase Construction NoiseSensitive
Noise Level Threshold 80 dBA Leq
Vibration Level Threshold 0.3 PPV (in/sec)
Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

Sensitive Receivers
The following receiver locations, shown at Noise Impact Analysis Exhibit 8-A, Receiver Locations, were identified as representative noise impact analysis locations.

R1: Location R1 represents the existing residence at 3141 E. Mt. Rainier Drive, approximately 1,523 feet southeast of the Project site. Receptor R1 is placed at the private outdoor living areas (backyards) facing the Project site.

R2: Location R2 represents the existing residence at 3970 S. Oasis Paseo, approximately 2,763 feet east of the Project site. Receptor R2 is placed at the private outdoor living areas (backyards) facing the Project site.

R3: Location R3 represents the existing residence at 3712 Ironwood Avenue, approximately 1,818 feet northeast of the Project site. Since there is no outdoor use area facing the Project site, Receptor R3 is placed at the nearest building façade facing the Project site.

R4: Location R4 represents the existing residence at 3092 East Wing Street, approximately 1,218 feet northeast of the Project site. Receptor R4 is placed at the private outdoor living areas (backyards) facing the Project site.

R5: Location R5 represents the existing residence at South Wangler Place, approximately 631 feet northeast of the Project site. Receptor R5 is placed at the private outdoor living areas (backyards) facing the Project site. 1271
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-72 R6: Location R6 represents the existing residence at 9029 Schaefer Avenue, approximately 375 feet west of the Project site. Receptor R6 is placed at the private outdoor living areas (backyards) facing the Project site.

R7: Location R7 represents the existing residence at 9060 Edison Avenue, approximately 48 feet west of the Project site. Receptor R7 is placed at the private outdoor living areas (backyards) facing the Project site.

Construction-Source Noise Impacts
In the evaluation of construction-source noise impacts, the Noise Impact Analysis employs empirical reference noise measurements obtained from similar construction activities. Based on the reference construction noise levels, maximum received noise levels attributable to the Modified Project construction activities were calculated, and are summarized at Table 13-2. Compliance with applicable significance thresholds is also presented.

Table 13-2
Maximum Received Construction-Source Noise Levels
Receiver
Location
Maximum Received
Noise Level (dBA Leq) Threshold (dBA Leq) Threshold Exceeded? R1 49.6 80 No
R2 45.1 80 No
R3 47.8 80 No
R4 50.3 80 No
R5 55.2 80 No
R6 54.8 80 No
R7 60.1 80 No
Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

As shown at Table 13-2, received construction-source noise levels would not exceed the applicable threshold and would therefore be less-than-significant.

Operational-Source Noise Impacts
The Modified Project has not been designed at this stage of project development. The Avenue Specific Plan, 2024 Amendment development is not expected to include any 1272
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-73 specific type of operational noise levels beyond the typical noise sources associated with similar residential and educational land uses in the Project study area, such as people and children, parking lot activity, garage doors, small air conditioners, and trash collection.

The proposed residential uses would also be considered a noise-sensitive receiving land use.

The City would require future development within the Specific Plan area to conduct design-specific noise analyses to determine the precise operational noise impacts of each development project and identify any necessary noise abatement measures, if necessary.

Vehicular-Source Noise Impacts
Off-Site Vehicular-Source Noise
To assess the off-site transportation CNEL noise level impacts associated with development of the proposed Project, noise contours were developed based on the Modified Project Traffic Analysis. Noise contour boundaries represent the equal levels of noise exposure and are measured in CNEL from the center of the roadway. Noise contours were developed for the following traffic scenarios:
• Existing Conditions Without Project: This scenario refers to the existing presentday noise conditions without the proposed Project. • Existing With Project: This scenario refers to the existing present-day noise conditions with the proposed Project.
• Opening Year 2026 Without the Project: This scenario refers to existing plus cumulative growth through 2026 noise conditions without the proposed Project. • Opening Year 2026 Year With Project: This scenario includes existing plus cumulative growth through 2026 plus the proposed Project traffic volumes identified in the Traffic Impact Analysis.

Using the noise contours presented at Noise Impact Analysis Table 6-1 through 6-4, the following Tables 13-3 and 13-4 present the Project traffic noise level contributions under the Existing and Opening Year scenarios.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-74 Table 13-3
Existing With Project Traffic Noise Level Increases
ID Road Segment Receiving
Land Use
CNEL at Receiving
Land Use (dBA)
Incremental Noise Level
Increase Threshold
No
Project
With
Project
Project
Addition
Limit Exceeded?
1 Haven Ave n/o Commercial Dwy Residential 67.4 67.4 0.0 5.0 No 2 Haven Ave n/o Ontario Ranch Rd Residential 68.9 69.4 0.5 5.0 No 3 Haven Ave n/o Chino Ave Residential 67.8 67.9 0.1 5.0 No 4 Haven Ave n/o Riverside Dr Residential 67.5 67.6 0.1 5.0 No 5 Haven Ave n/o Creekside Dr Residential 68.9 68.9 0.0 5.0 No 6 Haven Ave n/o SR-60 Residential 70.9 70.9 0.0 3.0 No
7 Archibald Ave s/o Limonite Ave Residential 68.9 68.9 0.0 5.0 No 8 Archibald Ave n/o Limonite Ave Residential 69.9 69.9 0.0 5.0 No 9 Archibald Ave n/o Merrill Ave Residential 68.5 68.9 0.4 5.0 No 10 Archibald Ave n/o Edison Ave Residential 68.2 68.8 0.6 5.0 No 11 Archibald Ave n/o Avenida Dr Residential 68.7 69.5 0.8 5.0 No 12 Archibald Ave n/o Schaefer Ave Residential 68.7 70.0 1.3 5.0 No 13 Archibald Ave n/o Chino Ave Residential 69.0 70.2 1.2 5.0 No 14 Archibald Ave n/o Riverside Dr Residential 69.3 69.8 0.5 5.0 No 15 Archibald Ave n/o SR-60 Residential 68.9 69.3 0.4 5.0 No 16 Vineyard Ave n/o Riverside Dr Residential 68.4 69.5 1.1 5.0 No 17 Vineyard Ave n/o Walnut Ave Residential 69.7 70.4 0.7 5.0 No 18 Vineyard Ave n/o SR-60 Residential 70.5 70.6 0.1 3.0 No 19 Limonite Ave e/o Archibald Ave Residential 68.7 68.9 0.2 5.0 No 20 Merrill Ave w/o Archibald Ave Residential 67.6 67.8 0.2 5.0 No 21 Edison Ave w/o Euclid Ave Residential 69.6 70.0 0.4 5.0 No 22 Edison Ave e/o Euclid Ave Residential 68.6 69.4 0.8 5.0 No 23 Edison Ave e/o Grove Ave Residential 68.7 70.0 1.3 5.0 No 24 Edison Ave e/o Vineyard Ave Residential 70.6 71.5 0.9 3.0 No 25 Edison Ave e/o Carpenter Ave Residential 70.6 71.4 0.8 3.0 No 26 Edison Ave e/o Ontario Ave Residential 70.6 71.8 1.2 3.0 No 27 Edison Ave e/o Future Tract Dwy. Residential 70.6 71.8 1.2 3.0 No 28 Edison Ave e/o Archibald Ave Residential 71.4 72.1 0.7 3.0 No 29 Ontario Ranch Rd e/o Broadway Ave Residential 71.7 72.0 0.3 3.0 No 30 Ontario Ranch Rd e/o Turner Ave Residential 71.9 72.8 0.9 3.0 No 31 Ontario Ranch Rd w/o New Haven Dr Residential 71.9 72.8 0.9 3.0 No 32 Ontario Ranch Rd e/o Haven Ave Residential 73.0 74.0 1.0 3.0 No 33 Ontario Ranch Rd e/o Hamner Ave Residential 73.6 74.2 0.6 3.0 No 34 Ontario Ranch Rd e/o I-15 Residential 71.4 71.8 0.4 3.0 No 35 Schaefer Ave e/o Archibald Ave Residential 59.7 62.3 2.6 5.0 No 36 Schaefer Ave e/o Turner Ave Residential 61.3 63.0 1.7 5.0 No 1274
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-75 Table 13-3
Existing With Project Traffic Noise Level Increases
ID Road Segment Receiving
Land Use
CNEL at Receiving
Land Use (dBA)
Incremental Noise Level
Increase Threshold
No
Project
With
Project
Project
Addition
Limit Exceeded?
37 Schaefer Ave e/o Oakville Ave Residential 61.1 62.9 1.8 5.0 No 38 Chino Ave w/o Archibald Ave Residential 65.6 65.7 0.1 5.0 No 39 Chino Ave e/o Archibald Ave Residential 63.5 63.8 0.3 5.0 No 40 Riverside Dr w/o Vineyard Ave Residential 68.1 68.2 0.1 5.0 No 41 Riverside Dr e/o Vineyard Ave Residential 70.7 71.5 0.8 3.0 No 42 Riverside Dr e/o Archibald Ave Residential 70.1 70.3 0.2 3.0 No 43 Riverside Dr e/o Haven Ave Residential 67.9 67.9 0.0 5.0 No Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

Table 13-4
Opening Year 2026 With Project Traffic Noise Level Increases ID Road Segment Receiving
Land Use
CNEL at Receiving
Land Use (dBA)
Incremental Noise Level
Increase Threshold
No
Project
With
Project
Project
Addition
Limit Exceeded?
1 Haven Ave n/o Commercial Dwy Residential 67.9 67.9 0.0 5.0 No 2 Haven Ave n/o Ontario Ranch Rd Residential 70.1 70.5 0.4 5.0 No 3 Haven Ave n/o Chino Ave Residential 70.7 70.7 0.0 3.0 No 4 Haven Ave n/o Riverside Dr Residential 69.0 69.0 0.0 5.0 No 5 Haven Ave n/o Creekside Dr Residential 69.5 69.5 0.0 5.0 No 6 Haven Ave n/o SR-60 Residential 71.6 71.6 0.0 3.0 No
7 Archibald Ave s/o Limonite Ave Residential 70.0 70.0 0.0 5.0 No 8 Archibald Ave n/o Limonite Ave Residential 70.7 70.7 0.0 3.0 No 9 Archibald Ave n/o Merrill Ave Residential 69.9 70.3 0.4 5.0 No 10 Archibald Ave n/o Edison Ave Residential 68.8 69.4 0.6 5.0 No 11 Archibald Ave n/o Avenida Dr Residential 69.5 70.1 0.6 5.0 No 12 Archibald Ave n/o Schaefer Ave Residential 69.5 70.6 1.1 5.0 No 13 Archibald Ave n/o Chino Ave Residential 69.5 70.6 1.1 5.0 No 14 Archibald Ave n/o Riverside Dr Residential 70.1 70.5 0.4 5.0 No 15 Archibald Ave n/o SR-60 Residential 69.4 69.7 0.3 5.0 No 16 Vineyard Ave n/o Riverside Dr Residential 68.9 69.9 1.0 5.0 No 17 Vineyard Ave n/o Walnut Ave Residential 70.2 70.8 0.6 3.0 No 18 Vineyard Ave n/o SR-60 Residential 70.8 70.9 0.1 3.0 No 1275
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-76 Table 13-4
Opening Year 2026 With Project Traffic Noise Level Increases ID Road Segment Receiving
Land Use
CNEL at Receiving
Land Use (dBA)
Incremental Noise Level
Increase Threshold
No
Project
With
Project
Project
Addition
Limit Exceeded?
19 Limonite Ave e/o Archibald Ave Residential 70.6 70.8 0.2 3.0 No 20 Merrill Ave w/o Archibald Ave Residential 70.2 70.3 0.1 3.0 No 21 Edison Ave w/o Euclid Ave Residential 71.5 71.8 0.3 3.0 No 22 Edison Ave e/o Euclid Ave Residential 71.2 71.6 0.4 3.0 No 23 Edison Ave e/o Grove Ave Residential 69.3 70.5 1.2 5.0 No 24 Edison Ave e/o Vineyard Ave Residential 73.1 73.6 0.5 3.0 No 25 Edison Ave e/o Carpenter Ave Residential 71.4 72.0 0.6 3.0 No 26 Edison Ave e/o Ontario Ave Residential 71.4 72.4 1.0 3.0 No 27 Edison Ave e/o Future Tract Dwy. Residential 71.4 72.4 1.0 3.0 No 28 Edison Ave e/o Archibald Ave Residential 72.1 72.7 0.6 3.0 No 29 Ontario Ranch Rd e/o Broadway Ave Residential 72.3 72.7 0.4 3.0 No 30 Ontario Ranch Rd e/o Turner Ave Residential 72.6 73.3 0.7 3.0 No 31 Ontario Ranch Rd w/o New Haven Dr Residential 72.4 73.2 0.8 3.0 No 32 Ontario Ranch Rd e/o Haven Ave Residential 73.5 74.3 0.8 3.0 No 33 Ontario Ranch Rd e/o Hamner Ave Residential 74.9 75.4 0.5 3.0 No 34 Ontario Ranch Rd e/o I-15 Residential 72.0 72.4 0.4 3.0 No 35 Schaefer Ave e/o Archibald Ave Residential 62.6 64.2 1.6 5.0 No 36 Schaefer Ave e/o Turner Ave Residential 62.6 64.0 1.4 5.0 No 37 Schaefer Ave e/o Oakville Ave Residential 64.0 65.0 1.0 5.0 No 38 Chino Ave w/o Archibald Ave Residential 66.4 66.5 0.1 5.0 No 39 Chino Ave e/o Archibald Ave Residential 65.6 65.8 0.2 5.0 No 40 Riverside Dr w/o Vineyard Ave Residential 68.7 68.8 0.1 5.0 No 41 Riverside Dr e/o Vineyard Ave Residential 71.4 72.0 0.6 3.0 No 42 Riverside Dr e/o Archibald Ave Residential 71.1 71.2 0.1 3.0 No 43 Riverside Dr e/o Haven Ave Residential 69.5 69.5 0.0 5.0 No Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

As shown above, based on the significance criteria for off-site traffic noise, land uses adjacent to the study area roadway segments would not be subjected to significant noise level increases due to Project-related traffic.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-77 On-Site Vehicular-Source Noise
An on-site exterior noise impact analysis has been completed to determine the noise exposure levels that would result from adjacent transportation noise sources in the Project study area, and to identify potential noise attenuation measures that would achieve acceptable Project exterior and interior noise levels. The primary sources of transportation noise affecting the Modified Project site are anticipated to be from Archibald Avenue, Ontario Ranch Road/Edison Road, and Schaefer Avenue.

The expected future noise levels for the on-site land uses have been estimated, and are presented at Table 13-5.

Table 13-5
Exterior Noise Levels
On-Site
Receiver
Location
Roadway
Unmitigated Exterior Noise
Level (dBA CNEL) Land Use
Exterior Compatibility
without Wall
Exterior with
Wall
PA-1A Schaefer Ave 64.8 58.7 Clearly Acceptable
PA-1B Schaefer Ave 64.8 58.7 Clearly Acceptable
PA-3A Schaefer Ave 64.8 58.7 Clearly Acceptable
PA-4 Schaefer Ave 64.8 58.7 Clearly Acceptable
PA-8B Ontario Ranch Road/Edison Ave 68.5 63.6 Normally Acceptable PA-5 Ontario Ranch Road/Edison Ave 68.5 63.6 Normally Acceptable PA-3B Ontario Ranch Road/Edison Ave 68.5 63.6 Normally Acceptable PA-2B Ontario Ranch Road/Edison Ave 68.5 63.6 Normally Acceptable PA-2A Ontario Ranch Road/Edison Ave 68.5 63.6 Normally Acceptable PA-5 Archibald Ave 68.1 63.0 Normally Acceptable
Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

Table 13-5 shows that traffic noise levels received at the Project land uses would not exceed the City of Ontario 65 dBA CNEL exterior noise level standards for the noise sensitive residential land uses or schools.

For informational purposes, and to ensure that the interior noise levels comply with the interior noise level standards, future exterior noise levels were calculated at the estimated at the first and second floor building façade locations with planned residential areas 1277
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-78 surrounding roadways. The interior noise level is the difference between the predicted exterior noise level at the building façade and the noise reduction of the structure.

Typical building construction will provide a Noise Reduction (NR) of approximately 12 dBA with “windows open” and a minimum 25 dBA noise reduction with “windows closed.” Tables 13-6 and 13-7 provide the first and second floor interior noise levels that can be expected within the planned residential areas.

Table 13-6
First Floor Interior Noise Levels (CNEL)
Receiver
Location Roadway
Noise
Level
at Façade
Required
Interior
NR
Minimum
Calculated
Interior NR
Upgraded
Windows
Interior
Noise
Level
Threshold Threshold
Exceeded?
PA-1A Schaefer Ave 58.7 13.7 25.0 No 33.7 45 No
PA-1B Schaefer Ave 58.7 13.7 25.0 No 33.7 45 No
PA-3A Schaefer Ave 58.7 13.7 25.0 No 33.7 45 No
PA-4 Schaefer Ave 58.7 13.7 25.0 No 33.7 45 No
PA-8B Ontario Ranch Road/
Edison Ave

63.6 18.6 25.0 No 38.6 45 No
PA-5 Ontario Ranch Road/
Edison Ave

63.6 18.6 25.0 No 38.6 45 No
PA-3B Ontario Ranch Road/
Edison Ave

63.6 18.6 25.0 No 38.6 45 No
PA-2B Ontario Ranch Road/
Edison Ave

63.6 18.6 25.0 No 38.6 45 No
PA-2A Ontario Ranch Road/
Edison Ave

63.6 18.6 25.0 No 38.6 45 No
PA-5 Archibald Ave 63.0 18.0 25.0 No 38.0 45 No
Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

Table 13-7
Second Floor Interior Noise Levels (CNEL)
Receiver
Location Roadway
Noise
Level
at Façade
Required
Interior
NR
Minimum
Calculated
Interior NR
Upgraded
Windows
Interior
Noise
Level
Threshold Threshold
Exceeded?
PA-1A Schaefer Ave 64.7 19.7 25.0 No 39.7 45 No
PA-1B Schaefer Ave 64.7 19.7 25.0 No 39.7 45 No
PA-3A Schaefer Ave 64.7 19.7 25.0 No 39.7 45 No
PA-4 Schaefer Ave 64.7 19.7 25.0 No 39.7 45 No
PA-8B
Ontario Ranch Road/
Edison Ave

68.4 23.4 25.0 No 43.4 45 No
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-79 Table 13-7
Second Floor Interior Noise Levels (CNEL)
Receiver
Location Roadway
Noise
Level
at Façade
Required
Interior
NR
Minimum
Calculated
Interior NR
Upgraded
Windows
Interior
Noise
Level
Threshold Threshold
Exceeded?
PA-5
Ontario Ranch Road/
Edison Ave

68.4 23.4 25.0 No 43.4 45 No
PA-3B
Ontario Ranch Road/
Edison Ave

68.4 23.4 25.0 No 43.4 45 No
PA-2B
Ontario Ranch Road/
Edison Ave

68.4 23.4 25.0 No 43.4 45 No
PA-2A
Ontario Ranch Road/
Edison Ave

68.4 23.4 25.0 No 43.4 45 No
PA-5 Archibald Ave 68.1 23.1 25.0 No 43.1 45 No
Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

Tables 13-6 and 13-7 show that on-site interior traffic noise levels will not exceed the City of Ontario 45 dBA CNEL interior noise level standard for residential development under a windows-closed condition and a means of mechanical ventilation (e.g., air conditioning).

Although no significant on-site exterior or interior noise impacts are expected, the City will require use-specific noise studies for implementing projects within the Specific Plan area. These final noise studies would utilize any recommendations identified herein in combination with precise grading plans and actual building design specifications to identify any additional noise abatement measures, such as exterior noise barriers and/or building materials (e.g., sound transmission class ratings for windows and doors), if necessary.

Modified Project Conditions of Approval: None.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR determined that mobile-source and stationary/area-source vibration impacts associated with buildout of TOP 2050 would be less-than-significant. However, construction activities associated with buildout of the 1279
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-80 individual land uses could expose sensitive uses to strong levels of groundborne vibration and would therefore be a potentially significant impact (Certified SEIR, pp.

5.13-38 – 5.13-41).

Certified SEIR Mitigation Measure:
12-2 Prior to issuance of a building permit, individual projects that involve vibration-intensive construction activities, such as pile drivers, jack hammers, and vibratory rollers near sensitive receptors shall be evaluated for potential vibration impacts. For construction within 135 feet of fragile structures, such as historical resources, within 100 feet of nonengineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for nonengineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses shall be used, such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded.

The Certified SEIR concluded even with the implementation of Mitigation Measure 12-2, construction-source groundborne vibration impacts would be significant and unavoidable (Certified SEIR, p. 5.13-41).

Modified Project:

Construction activities can result in varying degrees of ground vibration, depending on the equipment and methods used, distance to the affected structures and soil type.

Groundborne vibration from construction activities would cause only intermittent, localized intrusion.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-81 In the evaluation of construction-source vibration impacts, the Noise Impact Analysis employs reference construction-source vibration data published by the Federal Transit Administration (FTA). Maximum received construction-source vibration levels are summarized at Table 13-8.

Table 13-8
Maximum Received Construction-Source Vibration Levels
Receiver Location
Maximum Received
Vibration Level PPV (in/sec) Threshold PPV (in/sec) Threshold Exceeded? R1 0.000 0.30 No
R2 0.000 0.30 No
R3 0.000 0.30 No
R4 0.000 0.30 No
R5 0.002 0.30 No
R6 0.002 0.30 No
R7 0.033 0.30 No
Source: The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024.

Table 13-8 shows the maximum received construction-source vibration levels would not exceed the acceptable 0.20 PPV (in/sec) criteria established by the FTA. Moreover, received vibration levels are unlikely to be sustained during the entire construction period. Rather, maximum vibration levels would be received only during times that heavy construction equipment is operating at the site perimeter. Based on the preceding, construction-source vibration impacts would be less-than-significant.

Modified Project Conditions of Approval: None.
c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that Chino Airport does not significantly affect sensitive receptors within the City of Ontario. However, sensitive land uses within the 65 dBA CNEL noise contour of the Ontario International Airport would be exposed to substantial levels of airport-related noise. Even with the implementation 1281
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-82 of Mitigation Measure 12-1, airport-related noise was deemed a significant and unavoidable impact of TOP 2050 (Certified SEIR, pp. 5.13-38 – 5.13-41).

Certified SEIR Mitigation Measure:
12-1 Prior to the issuance of building permits for any project that involves a noise-sensitive use within the 65 dBA CNEL contour of the Ontario International Airport, the project property owner/developers shall retain an acoustical engineer to conduct an acoustic analysis and identify, where appropriate, site design features and/or required building acoustical improvements (e.g., sound transmission class rated windows, doors, and attic baffling), to ensure compliance with the City’s Noise Compatibility Criteria and the California State Building Code and California Noise Insulation Standards (Titles 24 and 21 of the California Code of Regulations).

Modified Project: The Modified Project site is located approximately 2.2 miles south of the Ontario International Airport (ONT). The Ontario International Airport Land Use Compatibility Plan was adopted by Ontario City Council on April 19, 2011 (amended 2018) to promote compatibility between the airport and the land uses that surround it.

The Modified Project site is located within the ONT airport influence area, but is not located within a designated noise impact zone. The Modified Project would therefore not be exposed to excessive airport/airfield-source noise levels associated with ONT operations.

The Project site is located approximately 1.2 miles east of the Chino Airport (CNO). The Modified Project site is located within the CNO airport influence area, but is not located within a designated noise impact zone. At this distance, airport noise level impacts would be less-than-significant.

The Modified Project would not otherwise be exposed to potentially adverse airport/airfield-source noise levels, nor does the Modified Project propose or require uses that would contribute to or exacerbate airport-source noise impacts. 1282
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-83 Based on the preceding, the Modified Project would not be adversely affected by airport/airfield noise, nor would the Modified Project contribute to or result in adverse airport/airfield noise impacts. When compared to the Certified SEIR findings, no new or substantially increased airport/airfield noise impacts would result from the Modified Project.

Modified Project Conditions of Approval: None.

Summary
When compared to the impacts identified in the Certified SEIR, no new significant, substantially increased, or substantially different noise impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2023 Amendment - Noise Impact Analysis (Urban Crossroads, Inc.) May 8, 2024; The Avenue Specific Plan, 2024 Amendment.

14. POPULATION AND HOUSING
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Induce substantial unplanned
population growth in an area, either
directly (for example, by proposing
new homes and businesses) or
indirectly (for example, through
extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of
existing people or housing,
necessitating the construction of
replacement housing elsewhere?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-84 Substantiation:
a, b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that, while development of the City pursuant to TOP 2050 would increase population, housing, and employment, it also would improve the job-housing balance and impacts would be less-than-significant (Certified SEIR, pp. 5.14-9 – 5.14-12).

Certified SEIR Mitigation Measures: None.

Modified Project:

Direct Population Growth Inducement
The Modified Project amends the site’s current land use designations to conform to TOP 2050 land use designations. Under the Modified Project, maximum residential development would total 3,753 dwelling units8(all types). Because the Project land uses and residential development are consistent with buildout of the City anticipated and planned for under TOP 2050, the Project would not result in direct population growth not previously considered and addressed in the Certified SEIR.

Indirect Growth Inducement
Indirect population growth inducement could result from creation of additional jobs and the extension of infrastructure and services to areas not currently served, or substantial capacity/capability upgrades to existing systems and services.

In general terms, job creation furthers growth via wages, salaries and general fiscal benefits; increased demands for housing; and increased demand for consumer goods and services. Jobs created by or resulting from the Modified Project would be typical of area 8 There is the potential for the 10.89-acre school site portion of Planning Area 5 to transition to residential uses, should the school district determine that this site is not needed for school development. If this is the case, these 10.89 acres would be developed with up to 50 residential units, bringing the total Specific Plan residential unit count to 3,803. 1284
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-85 employment opportunities, and would be filled by the local residents with no substantial increase in population.

The Modified Project would implement infrastructure improvements that are consistent with the City and purveyor master plans. Because the Project land uses and development are consistent with buildout of the City anticipated and planned for under TOP 2050, the Project would not result in indirect growth not previously considered and addressed in the Certified SEIR.

Consistency with Regional Population Growth Projections Regional population projections developed by SCAG reflect assumptions and development scenarios incorporated in local plans including City general plans. As demonstrated in the preceding discussions, the Modified Project would not induce or generate growth beyond that reflected in TOP 2050 and evaluated in the Certified SEIR.

Accordingly, the Modified Project would not result in growth not already anticipated within SCAG population growth projections for the region.

As supported by the preceding discussions, the Modified Project would not induce substantial population growth; displace substantial numbers of existing housing; or displace substantial numbers of people. When compared to the Certified SEIR findings, no new or substantially increased population and housing impacts would result from the Modified Project.

The Modified Project would increase housing availability. The Modified Project does not propose or require uses or operations that would displace substantial numbers of existing people or housing. The potential for the Modified Project to displace substantial numbers of existing people or housing would be less-than-significant.

Modified Project Conditions of Approval: None.

Summary
Based on the preceding, when compared to impacts identified in the Certified SEIR, no new or substantially increased population and housing impacts would result from the 1285
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-86 Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment.

15. PUBLIC SERVICES
Would the project result in substantial
adverse physical impacts associated with
the provision of new or physically
altered governmental facilities, the
construction of which could cause
significant environmental impacts, in
order to maintain acceptable service
ratios, response times or other
performance objectives for any public
service:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Fire protection? X
b) Police protection? X
c) Schools? X
d) Parks? X
e) Other public facilities? X
Substantiation:
a – e) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Certified SEIR Section 5.15, Public Services, concluded that implementation of TOP 2050 would not result in potentially significant public services impacts (Certified SEIR, pp. 5.15-1 – 5.15-18).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project amends the site’s current land use designations to conform to TOP 2050 land use designations. Uses proposed by the Modified Project 1286
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-87 would not create substantive additional demands for school or park facilities beyond those reflected in TOP 2050 and evaluated in TOP 2050 SEIR. The Modified Project would be constructed within an already-developed urban environment. Fire protection and police protection services are currently available to the subject site via existing facilities.

Development impact fees and sales tax revenues generated by the Modified Project would provide funding sources available for support and enhancement of public services commensurate with incremental demands of the development. By law, the Modified Project would be required to remit school impact fees.

Modified Project Conditions of Approval: None.

Summary
Based on the preceding, when compared to impacts identified in the Certified SEIR, no new or substantially increased public services impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment.

16. RECREATION
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Increase the use of existing
neighborhood and regional parks or
other recreational facilities such that
substantial physical deterioration of
the facility would occur or be
accelerated?
X
b) Include recreational facilities or require
the construction or expansion of
recreational facilities which might have
an adverse physical effect on the
environment?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-88 Substantiation:
a, b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR determined that because new development would be required to provide sufficient public parkland or pay in-lieu fees, impacts to recreational facilities would be less-than-significant (Certified SEIR, pp. 5.16- 12 – 5.16-14).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project amends the site’s current land use designations to conform to TOP 2050 land use designations. Proposed residential and commercial uses implemented under the Modified Project would not increase demands on recreational facilities beyond those reflected in TOP 2050 and evaluated in TOP 2050 SEIR. When compared to the Certified SEIR findings, no new or substantially increased recreation impacts would result from the Modified Project.

Modified Project Conditions of Approval: None.

Summary
Based on the preceding, when compared to impacts identified in the Certified SEIR, no new or substantially increased recreational services or recreational facilities impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment. 1288
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-89

17. TRANSPORTATION
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Conflict with a program, plan,
ordinance or policy addressing the
circulation system, including transit,
roadway, bicycle and pedestrian
facilities?
X
b) Conflict or be inconsistent with CEQA
Guidelines Section 15064.3,
subdivision (b)?
X
c) Substantially increase hazards due to a
geometric design feature (e.g., sharp
curves or dangerous intersections) or
incompatible uses (e.g., farm
equipment)?
X
d) Result in inadequate emergency
access? X
General Note:

The technical analyses referenced in this section reflect likely maximum impacts. Subsequent to preparation of these analyses, total residential development intensities allowed under the Modified Project have been reduced consistent with direction. Specifically, the technical analyses referenced herein assume residential development of the Modified Project totaling up to 3,807 dwelling units (see Project Traffic Analysis, p. 2 et al.). As subsequently modified, maximum allowed residential development under the Modified Project would not exceed 3,753 dwelling units (see Section 2.0, Project Description, Table 2.1-1).

Substantiation:

Transportation impact analyses of the Modified Project presented here are summarized in part from: The Avenue Specific Plan Traffic Analysis (Urban Crossroads, Inc.) April 19, 2024 (Modified Project Traffic Analysis, Traffic Analysis); and The Avenue Specific Plan Amendment Vehicle Miles Traveled (VMT) Analysis (Modified Project VMT Analysis, VMT Analysis) (Urban Crossroads, Inc.) March 17, 2024. The Modified Project Traffic Analysis and VMT Analysis are presented at Addendum Appendix F.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-90 a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: Certified SEIR Section 5.17, Transportation, concluded that implementation of TOP 2050 would not conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities (Certified SEIR, pp. 5.17-18 – 5.17-23).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project does not propose elements or aspects that would conflict with adopted alternative transportation policies. Transit services are currently provided to the City and the Modified Project vicinity by Omnitrans. On a long-term basis, the Modified Project may result in increased demand for public transportation as increased employment opportunities become available onsite. Transit agencies routinely review and adjust their ridership schedules to accommodate shifts in demand for services. As part of the City’s standard development review processes, the need for transit-related facilities, bicycle, and pedestrian access would be coordinated between the City and the Applicant.

The Modified Project would accommodate and would not interfere with the City Multipurpose Trails and Bikeway Corridor Plan. The Modified Project would provide internal and perimeter pedestrian and bicycle amenities consistent with provisions of The Avenue Specific Plan, 2024 Amendment and City Conditions of Approval.

Modified Project Conditions of Approval: None.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: CEQA Guidelines Section 15064.3, subdivision (b) was added to the CEQA Guidelines in 2019. The Vehicle Miles Traveled (VMT) metric established under Section 15064.3 is recognized. The VMT metric became effective in July 2020. The Certified SEIR concluded that even with application of mitigation VMT impacts of TOP 2050 would be significant and unavoidable (Certified SEIR, p. 5.17-34). 1290
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-91 Certified SEIR Mitigation Measures:

New Mitigation
T-1 Prior to approval of discretionary projects subject to VMT reduction analysis, applicants shall demonstrate compliance with the City’s VMT Guidelines for CEQA assessment of VMT impacts. For projects with VMT per Service Population exceeding the County’s significance threshold, a mitigation plan shall be developed and implemented. Mitigation should consist of Transportation Demand Management (TDM) measures analyzed under a VMT-reduction methodology consistent with the California Air Pollution Control Officers Association’s (CAPCOA) Final Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (2021) and approved by the City of Ontario (if applicable). Examples of measures include but are not limited to:
• Pedestrian Network Improvements: constructing new sidewalks and/or improving damaged or substandard sidewalks that connect to a larger pedestrian network. • Construct or Improve Bike Facilities: constructing new or enhancing a single existing Class I, II or IV bike facility that connects to a larger bike network. • Construct or Improve Bike Boulevards: implementing a Class III bike boulevard on a local or collector street that is one travel lane in each direction, has a design speed of 25 mph or less and a design volume of 5,000 ADT or less.
• Expand Bikeway Networks: constructing a network of interconnected new Class I, II, or IV bike facilities.
• Provide End of Trip Bicycle Facilities: constructing facilities that support cyclists such as bike parking, lockers, and showers.
• Implement Transit-Supportive Roadway Treatments: funding infrastructure improvements such as traffic signal modifications and roadway signing and striping that are dedicated to improving transit travel times and reliability. • Transit Passes: proving discounted or free transit fare to a specific geographic area, population group, or to the general public.
• Vanpool Program: providing groups of 5 to 15 people with direct shuttle service between their workplace and residence.
• Carshare Program (conventional or EV): providing access to a shared fleet of ondemand vehicles for short-term use/rental. Best practice is to discount carshare 1291
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-92 membership and provide priority parking for carshare vehicles to encourage use of the service.
• Bikeshare Program (conventional or EV): providing access to a shared fleet of ondemand bicycles for short-term use/rental. Best practice is to discount bikeshare membership and dedicate bikeshare parking to encourage use of the service. • Rideshare Program: providing access to and encouraging the use of a ridesharing platform or service. This could be an app, website, or other service that provides ridematching coordination services. • Community-Based Travel Planning (CBTP): CBTP is a residential based approach to outreach, performed by trained advisors, that provides households within a targeted geographic area with customized information, incentives, and support to encourage the use of transportation alternatives in place of single occupancy vehicles. • Commute Trip Reduction (CTR) Program: CTR programs can be mandatory or voluntary, and involve providing information, coordination, services, infrastructure, and/or incentives for alternative modes such as ridesharing, vanpool, transit passes, and cycling.

Modified Project: The California Environmental Quality Act (CEQA) requires all lead agencies to adopt VMT as the measure for identifying transportation impacts for land use projects. To comply with CEQA, in June of 2020 the City of Ontario developed and adopted their own VMT methodologies and thresholds (Resolution No. 2020-071) (City Guidelines). The VMT analysis presented here conforms to adopted City Guidelines.

Projects that do not result in significant VMT impacts per City Guidelines would not conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b).

Project generated VMT has been estimated using the origin/destination method and boundary method. Consistent with City Guidelines, VMT has been presented as total VMT and total VMT per Service Population (i.e., population and employees). Total VMT represents all VMT generated in the City of Ontario on a typical weekday. Total VMT per service population is an efficiency metric representing VMT generated on a typical weekday per person who lives and/or works in the City or travels to the City for another purpose (Project VMT Analysis, p. 2).
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-93 City Guidelines identifies the efficiency based metric VMT per Service Population (SP) (i.e., population and employees) is to be used to conduct project-level VMT analyses for land use projects in the City of Ontario. City Guidelines also identifies the following impact threshold for project-level VMT analyses:
• A significant impact would occur if the Project VMT per SP exceeds the Citywide average VMT per SP under General Plan Buildout Conditions.

The City of Ontario’s average VMT per SP under General Plan Buildout conditions has been calculated using the TOP General Plan Buildout (2050) model. Table 17-1 presents the City of Ontario’s Citywide average VMT per SP for General Plan Buildout (2050) conditions. As presented at Table 17-1, the City of Ontario’s VMT per SP under General Plan Buildout (2050) conditions is estimated at 30.70 VMT per SP.

Table 17-1
TOP 2050 Buildout
Citywide VMT Per Service Population
Service Population 706,494
VMT 21,689,573
VMT per SP 30.70
Source: The Avenue Specific Plan Amendment Vehicle Miles Traveled (VMT) Analysis (Urban Crossroads, Inc.) March 17, 2024.

VMT impacts of the Project were evaluated employing both the Origin/Destination VMT Methodology and the Boundary VMT Methodology. Methodology details are presented at Project VMT Analysis pp. 3, 4.

VMT impacts of the Project employing the Origin/Destination VMT Methodology are presented at Table 17-2.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-94 Table 17-2
Project VMT Impacts
Origin/Destination VMT Methodology
Baseline General Plan Buildout Year (2050)
Households 3,807 3,807
Population 13,325 13,325
Employment 957 957
Service Population 14,282 14,282
Total OD VMT 139,550 245,044
OD VMT/SP 19.4 17.2
City Threshold 30.7 30.7
Threshold Exceeded No No
Source: The Avenue Specific Plan Amendment Vehicle Miles Traveled (VMT) Analysis (Urban Crossroads, Inc.) March 17, 2024.

VMT impacts of the Project employing the Boundary VMT Methodology are presented at Table 17-3.

Table 17-3
Project VMT Impacts
Boundary VMT Methodology
City Boundary 10-Mile Boundary
Scenario No Project With Project No Project With Project Service Population 706,494 708,515 2,172,176 2,174,197
Boundary VMT 9,602,250 9,600,990 34,288,519 34,291,339
VMT per SP 13.6 13.6 15.8 15.8
Change in VMT 0.0 0.00
Threshold Exceeded No No
Source: The Avenue Specific Plan Amendment Vehicle Miles Traveled (VMT) Analysis (Urban Crossroads, Inc.) March 17, 2024.

The analysis presented here supports the following findings:
• Consistent with City Guidelines, VMT estimates were prepared measuring both Project generated VMT per service population and Citywide boundary VMT. • Project generated VMT per service population would not exceed City’s adopted impact threshold of Citywide average VMT per SP under General Plan Buildout Conditions.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-95 • Citywide boundary VMT was found to remain unchanged with the addition of the proposed Project.

Based on the preceding, the Modified Project VMT would not exceed applicable City VMT impact significance thresholds. On this basis, the potential for the Modified Project to conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) would be less-than-significant.

Modified Project Conditions of Approval: None.
c, d) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that buildout of the City pursuant to TOP 2050 would result in changes to the circulation network. Such changes would however be implemented consistent with City roadway classification and roadway design standards, acting to preclude potential design hazards. Additionally, City Design Review processes ensure that adequate emergency access is provided for all new development projects. On this basis, there would be no impacts related to hazardous design features, or emergency access provisions (Certified SEIR, pp. 5.17-25, 5.17-26).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project does not propose elements or aspects that would substantially increase transportation/traffic hazards. Moreover, all improvements under the Modified Project would be designed and implemented consistent with recommendations of the Traffic Analysis (see: Traffic Analysis Section 1.6, Recommendations; and The Avenue Specific Plan, 2024 Amendment, Section 4.1, Master Plan of Circulation), and City traffic engineering and safety standards, thereby minimizing the potential to result in or cause hazardous traffic/transportation conditions.

The Modified Project would generate urban traffic comparable to and compatible with the vehicle mix and vehicle categories present within the area roadway system. The Modified Project uses would therefore not cause or result in incompatible vehicle 1295
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-96 movements or traffic that would substantively increase hazards. Further, based on the projected net decrease in trip generation under the Modified Project, the potential for the Modified Project to result in potential traffic hazards would likely be reduced when compared to the uses entitled under the Original Project and assumed within the Certified SEIR.

Additionally, pursuant to the Modified Project Construction Traffic Management Plan (please refer to Addendum Section 2, Project Description, 2.3.8 Construction Area Traffic Management Plan), the Modified Project would be required to maintain appropriate access during construction activities.

Modified Project Conditions of Approval: None.

Summary
Based on the preceding, when compared to impacts identified in the Certified SEIR, no new or substantially increased transportation impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan Traffic Analysis (Urban Crossroads, Inc.) April 19, 2024; The Avenue Specific Plan Amendment Vehicle Miles Traveled (VMT) Analysis (Urban Crossroads, Inc.) March 17, 2024; The Avenue Specific Plan, 2024 Amendment.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-97

18. TRIBAL CULTURAL RESOURCES
Would the project cause a substantial
adverse change in the significance of a
tribal cultural resource, defined in Public
Resources Code section 21074 as either a
site, feature, place, cultural landscape that
is geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and
that is:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k), or
X
b) A resource determined by the lead
agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resource
Code Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe.

X
Substantiation:
a, b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: With the implementation of mitigation, the Certified SEIR concluded that impacts to prehistoric archeological resources, which include TCRs, would be less-than-significant (Certified SEIR, pp. 5.18-8 – 5.18-11).

Certified SEIR Mitigation Measures:
5-3 Upon receipt of an application for a proposed project subject to CEQA and within the City’s jurisdiction, the City’s representative shall consult with the relevant tribe(s)’ representative(s) to determine if the proposed project is within a culturally sensitive area 1297
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-98 to the tribe. If sufficient evidence is provided to reasonably ascertain that the site is within a tribal culturally sensitive area, an archaeologist shall prepare a cultural resources assessment. The findings of the cultural resources assessment shall be incorporated into the CEQA documentation. A copy of the report shall be forwarded to the tribe(s). If mitigation is recommended in the CEQA document, the procedure described in Mitigation Measure 5-4 shall be followed.
5-4 Prior to the issuance of grading permits for a proposed project for which the CEQA document defines cultural resource mitigation for potential tribal resources, the project applicant shall contact the designated tribe(s) to notify them of the grading, excavation, and monitoring program. The applicant shall coordinate with the City of Ontario and the tribal representative(s) to develop mitigation measures that address the designation, responsibilities, and participation of tribal monitors during grading, excavation, and ground-disturbing activities; scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred sites, and human remains discovered on the site. The City of Ontario shall be the final arbiter of the conditions for projects within the City’s jurisdiction.

TCR-1 Tribal Cultural Resources Monitoring. The project archaeologist, in consultation with interested tribes, the developer, and the City of Ontario, shall develop an archaeological monitoring plan (AMP) to address the details, timing, and responsibility of archaeological and cultural activities that will occur on the project site. Details in the AMP shall include:

1. Project-related ground disturbance (including, but not limited to, brush clearing, grading, trenching, etc.) and development scheduling;

2. The development of a rotating or simultaneous schedule in coordination with the developer and the project archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors’ authority to stop and redirect grading activities in coordination with all project archaeologists (if the tribes cannot come to an agreement on the rotating or simultaneous schedule of tribal monitoring, the Native American 1298
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-99 Heritage Commission shall designate the schedule for the onsite Native American Tribal Monitor for the proposed project);

3. The protocols and stipulations that the developer, City, Tribes, and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources evaluation.

At least 30 days prior to application for a grading permit and before any brush clearance, grading, excavation, and/or ground disturbing activities on the site, the developer shall retain a tribal cultural monitor to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources.

Pursuant to the AMP, a tribal monitor from the consulting tribe shall be present during the initial grading activities. If tribal resources are found during grubbing activities, the tribal monitoring shall be present during site grading activities.

TCR-2 Treatment and Disposition of Cultural Resources. In the event that Native American cultural resources are inadvertently discovered during the course of any grounddisturbing activities, including but not limited to brush clearance, grading, trenching, etc., for the proposed project, the following procedures will be carried out for treatment and disposition of the discoveries:

1. Temporary Curation and Storage: During the course of construction, all discovered resources shall be temporarily curated in a secure location on-site or at the offices of the project archaeologist. The removal of any artifacts from the project site will need to be thoroughly inventoried with tribal monitor oversight of the process;

2. Treatment and Final Disposition: The landowner(s) shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts and nonhuman remains as part of the required mitigation for impacts to cultural resources. The applicant shall relinquish the artifacts through one or more of the following methods and provide the City of Ontario with evidence of same:
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-100 a. Accommodate the process for on-site reburial of the discovered items with the consulting Native American tribes or bands. This shall include measures and provisions to protect the future reburial area from any future impacts. Reburial shall not occur until all cataloging, basic analysis, other analyses as recommended by the project archaeologist and approved by consulting tribes, and basic recordation have been completed; all documentation should be at a level of standard professional practice to allow the writing of a report of professional quality; b. A curation agreement with an appropriate qualified repository in San Bernardino County that meets federal standards per 36 CFR Part 79, and therefore the resource would be professionally curated and made available to other archaeologists/researchers for further study. The collections and associated records shall be transferred, including title, to an appropriate curation facility in San Bernardino County, to be accompanied by payment of the fees necessary for permanent curation;
c. For purposes of conflict resolution, if more than one Native American tribe or band is involved with the project and cannot come to an agreement as to the disposition of cultural materials, materials shall be curated at the San Bernardino County Museum by default;
d. At the completion of grading, excavation, and ground-disturbing activities on the site, a Phase IV Monitoring Report shall be submitted to the City documenting monitoring activities conducted by the project archaeologist and Native Tribal Monitors within 60 days of completion of grading. This report shall document the impacts to the known resources on the property; describe how each mitigation measure was fulfilled; document the type of cultural resources recovered and the disposition of such resources; provide evidence of the required cultural sensitivity training for the construction staff held during the required pregrade meeting; and, in a confidential appendix, include the daily/weekly monitoring notes from the archaeologist. All reports produced will be submitted to the City, County Museum, and consulting tribes.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-101 Modified Project: Tribal scoping and outreach was previously undertaken for The Avenue Specific Plan in July 2021. At that time, responses from Agua Caliente Band of Cahuilla Indians, the Gabrieleno Band of Mission Indians – Kizh Nation, Quechan Tribe of the Fort Yuma Reservation, and the San Manuel Yuhaaviatam Band of Mission Indians were received, but no consultation was requested for the Specific Plan. The Kizh Nation and San Manuel Band requested consultation if/when a specific development project was to be built. Additionally, the Gabrieleno Band of Mission Indians – Kizh Nation provided a series of measures to be included as conditions of approval for future development projects. (see Conditions of Approval TR-1 through TR-3, below). These Conditions will apply to future project approvals within the Specific Plan Area.

Outreach for this Project occurred again in December 2022 with SB-18 notifications sent.

Responses were received from San Manuel Band of Mission Indians - Serrano Nation, Gabrieleno Band of Mission Indians - Kizh Nation, Quechan Tribe of the Fort Yuma Reservation, Gabrieleno Band of Mission Indians - Tongva Tribe, Agua Caliente Band of Cahuilla Indians, Morongo Band of Mission Indians, and the San Manuel Yuhaaviatam Band of Mission Indians. Out of those responses, San Manuel Band of Mission Indians - Serrano Nation and Gabrieleno Band of Mission Indians - Kizh Nation provided comments, with both requesting consultation on future development projects.

With the implementation of the mitigation presented in the Certified SEIR, in addition to the Conditions of Approval listed below, the potential for the Modified Project to cause a substantial adverse change in the significance of a tribal cultural resource would be lessthan-significant. When compared to the Certified SEIR findings, no new or substantially increased impacts to tribal cultural resources would result from the Modified Project.

Modified Project Conditions of Approval:

TR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities:

A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor 1301
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-102 shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Grounddisturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.9
B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.10 C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.
9 Tribal monitoring shall cease once all ground disturbance activities have been completed with respect to the property or portion thereof. Example: Once excavation, grading, trenching, etc. have occurred tribal monitoring shall cease. 10 The extent of necessary manpower and hourly wage shall be subject to commercially reasonable standards. If there is a dispute as to scope of the necessary labor needs or wage rates, the City shall arbitrate any such disputes in accordance with commercially reasonable standards.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-103 E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

TR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects:

A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

B. If Native American human remains and/or grave goods discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all grounddisturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).) 1303
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-104 E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.

F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

TR-3 Procedures for Burials and Funerary Remains:

A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.

B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.

C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.

D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to 1304
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-105 recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.

E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human remains and/or ceremonial objects.

F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery.

The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity.

There shall be no publicity regarding any cultural materials recovered.

G. The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recoveryrelated forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different impacts to tribal cultural resources would occur as a result of the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; The Avenue Specific Plan, 2024 Amendment. 1305
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-106

19. UTILITIES AND SERVICE SYSTEMS
Would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Require or result in the relocation or
construction of new or expanded
water, wastewater treatment, storm
water drainage, electric power, natural
gas, or telecommunication facilities,
the construction or relocation of which
could cause significant environmental
effects?
X
b) Have sufficient water supplies
available to serve the project and
reasonably foreseeable future
development during normal, dry and
multiple dry years?
X
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in addition
to the provider’s existing
commitments?
X
d) Generate solid waste in excess of State
or local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of
solid waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes
and regulations related to solid waste?
X
Substantiation:
a) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that, although buildout of TOP 2050 would generate additional wastewater, it would be adequately treated in accordance with Regional Water Quality Control Board and California Department of 1306
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-107 Public Health requirements. City sanitary sewer systems, and stormwater management would be expanded to accommodate growth associated with the buildout of TOP 2050.

Other utilities systems would be extended and improved consistent with purveyor master plans and as warranted by market conditions. Compliance with regulatory requirements and standard conditions of approval acts to reduce impacts on utilities systems generally, improve system efficiencies, and reduce system maintenance requirements. Collectively, this diminishes the requirement to construct new systems or replace existing systems.

Construction of utilities systems serving the City under TOP 2050 buildout conditions would not result in substantially different impacts than would result from development of TOP 2050 land uses generally.

The Certified SEIR concluded that with implementation of regulatory requirements and standard conditions of approval, the potential for TOP 2050 to require or result in the relocation or construction of new or expanded utilities systems, the construction or relocation of which would result in adverse environmental impacts would be less-thansignificant (Certified SEIR, p. 5.19-11).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project amends the site’s current land use designations to conform to TOP 2050 land use designations. Proposed residential and commercial uses implemented under the Modified Project would not increase demands on utilities systems beyond those reflected in TOP 2050 and evaluated in TOP 2050 SEIR.

The Modified Project is fully-served by utilities and services systems including: water, wastewater treatment, storm water drainage, electric power, natural gas, and telecommunication facilities. Any localized modification of or connections to serving utilities systems implemented by the Modified Project would not result in substantially different impacts than would result from development of the Modified Project land uses 1307
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-108 generally. These impacts would be no greater than or different than impacts considered and addressed in the Certified SEIR.

Modified Project Conditions of Approval: None.
b) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: A foundational document for compliance with both SB 610 and SB 221 is the Urban Water Management Plan (UWMP). Both of these statutes repeatedly identify the UWMP as a planning document that, if properly prepared, can be used by a water supplier to meet the standards set forth in both statutes. Thorough and complete UWMPs will allow water suppliers to use UWMPs as a foundation to fulfill the specific requirements of these two statutes. Cities, counties, water districts, property owners, and developers will all be able to utilize this document when planning for and proposing new projects (Guidebook for Implementation of Senate Bill 610 and Senate Bill 221 of 2001).

The City of Ontario 2020 Urban Water Management Plan (UWMP) substantiates that there would be sufficient and reliable water supplies available to the City through 2045.

The Certified SEIR concludes that buildout of the City under TOP 2050 would incrementally increase water demands. However, water demands of the City would remain below 2020 UWMP water demand projections. On this basis, there would be sufficient water supplies available to the City under TOP 2050 buildout conditions. The potential for there to be insufficient water supplies available to serve the City and reasonably foreseeable future development during normal, dry and multiple dry years is therefore considered less-than-significant (Certified SEIR, pp. 5.19-30, 5.19-31).

Certified SEIR Mitigation Measures: None.

Modified Project: Consistent with SB610 requirements, a Water Supply Assessment (WSA) has been prepared for the Modified Project (see: Water Supply Assessment and Written Verification of Sufficient Water Supply, The Avenue Specific Plan, City Of Ontario [Albert A. Webb Associates] January 24, 2024; Project WSA, Addendum Appendix G). 1308
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-109 The Project WSA concludes that water demand of the Modified Project was not fully accounted for in the 2020 UWMP (Project WSA, p. 25). The WSA also concludes that “water supplies available to OMUC [Ontario Municipal Utilities Company] currently meet and exceed citywide water demands. Groundwater production by OMUC is currently less than their existing rights and within their production capacity. Regardless, OMUC has the means and right to exceed their groundwater allocation in the Chino Basin when required to meet demand pursuant to the Judgment. Further, OMUC has rights to water held in storage that would supply all City demands for more than two years. In addition to groundwater, OMUC can supply water to the Project purchased from the WFA that is within their existing entitlements and capacities” (Project WSA, p. 64). On this basis, the potential for the Modified Project to result in insufficient water supplies available to serve the City and reasonably foreseeable future development during normal, dry and multiple dry years would be less-than-significant.

Modified Project Conditions of Approval: None.
c) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified EIR Conclusions: The Certified EIR recognizes that buildout of the City under TOP 2050 would result in increased wastewater treatment demands. However, existing wastewater treatment plants have excess capacity sufficient to meet these increased demands. Planned wastewater treatment plant expansion would provide additional capacity available to serve the City under TOP 2050 buildout conditions. Treated wastewater meets or exceeds RWQCB and NPDES standards and requirements. On this basis, the Certified EIR concluded that the potential for buildout of City under TOP 2050 to result in or cause insufficient or inadequate wastewater treatment would be less-thansignificant.

Certified EIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. By extension, the Modified Project wastewater treatment demand is reflected in wastewater treatment 1309
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-110 demand of the City under TOP 2050, as considered and addressed in the Certified SEIR.

The Project proposes conventional urban residential/commercial development.

Wastewater generated by the Modified Project would not require special or atypical treatment. Based on the preceding, the potential for the Modified Project to result in or cause insufficient or inadequate wastewater treatment would be less-than-significant.

Modified Project Conditions of Approval: None.
d, e) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: The Certified SEIR concluded that buildout of TOP 2050 would be served by landfills with sufficient permitted capacities to accommodate all solid waste disposal needs. Additionally, no conflicts with federal, state, and local management and reduction statutes and regulations related to solid waste were identified. The Certified SEIR determined that impacts related to solid waste would be less-than-significant (Certified SEIR, p. 5.17-31).

Certified SEIR Mitigation Measures: None.

Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. By extension, the Modified Project solid waste management demand is reflected in solid waste management demand of the City under TOP 2050, as considered and addressed in the Certified SEIR. Moreover, the Modified Project would comply with applicable solid waste management and reduction statutes and regulations (summarized below), acting to further reduce solid waste management impacts of the Modified Project.

City of Ontario Construction & Demolition Recycling Plan (CDRP) Pursuant to Ontario Municipal Ordinance (OMC) Sec. 6-3.602 Construction & Demolition Recycling Plan and the 2016 California Green Building Standards Code (CALGreen), all building and demolition permit applicants are required to prepare and submit a Construction & Demolition Recycling Plan (CDRP) and a CDRP Summary Report. OMC Sec. 6-3.602 and CALGreen require all construction and qualifying renovation and 1310
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-111 demolition projects to divert at least 65% of all generated waste materials. The Modified Project would be subject to (OMC) Sec. 6-3.602 and CALGreen construction waste diversion mandates. The City oversees compliance with OMC Sec. 6-3.602 and CALGreen construction waste diversion mandates.

AB 939 - California Integrated Waste Management Act of 1989 Solid waste management is guided by the California Integrated Waste Management Act of 1989 (AB 939), which emphasizes resource conservation through reduction, recycling, and reuse of solid waste. AB 939 requires that localities conduct a Solid Waste Generation Study (SWGS) and develop a Source Reduction Recycling Element (SRRE), providing for a minimum 50 percent reduction in waste sent to landfills. Diversion rates are calculated and tracked by the California Integrated Waste Management Board (Board).

Alternatively, the Board can determine that a jurisdiction’s “good faith efforts” to implement comprehensive diversion programs have satisfied the requirement even if diversion levels are below 50 percent.

To reduce waste disposal, AB 939 requires every California city and county to divert 50 percent of its waste from landfills. Residential, commercial and governmental waste recycling programs in support of the SRRE have been implemented by the City.

The City is currently meeting or exceeding all AB 939 solid waste diversion targets. The Modified Project would be required to comply with AB 939 as implemented by the City.

AB 341 - Commercial Recycling
Assembly Bill 341 mandates recycling for businesses producing four or more cubic yards of solid waste per week, and multifamily dwellings of five units or more. Under the law, business must separate recyclables from trash and then either subscribe to City of Ontario recycling services, self-haul their recyclables, or contract with a permitted private recycler. The Modified Project would be subject to Assembly Bill 341 mandates.

AB 1826 - Commercial Organics Recycling
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-112 The California Department of Resources Recycling and Recovery (CalRecycle) oversees both the mandatory commercial recycling program and the mandatory commercial organics recycling program. The City of Ontario supports both bills through public outreach, monitoring of recycling efforts, providing notification to non-compliant businesses, and periodic State reporting.

The Modified Project would be required to comply with the above solid waste management statutes and regulations. The City and CalRecycle would oversee and monitor compliance with applicable solid waste management statutes and regulations.

SB 1383 - Organic Waste Management Requirements
SB 1383 establishes targets to achieve a 50 percent reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75 percent reduction by 2025.

The law grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20 percent of currently disposed edible food is recovered for human consumption by 2025.

The City is currently developing programs and strategies to address the requirements of SB 1383, the Modified Project would be required to ultimately abide by those requirements.

As stated in the Certified SEIR, impacts to solid waste services and facilities from new development are addressed through the payment of development impact fees as outlined in the City of Ontario Development Impact Fee Calculation and Nexus Fee Schedules.

With the payment of required development impact fees and compliance with existing solid waste regulations, the Modified Project would not result in any new or substantially increased solid waste impacts not previously identified within the Certified SEIR.

Based on the preceding, the Modified Project would not generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals would be less-than-significant.

Additionally, the Modified Project would comply with applicable solid waste 1312
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-113 management and reduction statutes and regulations. On this basis, the Modified Project would result in less-than-significant solid waste management impacts. The Modified Project would not result in solid waste management impacts substantially greater than or substantially than solid waste management impacts considered and addressed in the Certified SEIR.

Modified Project Conditions of Approval: None.

When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different utilities and service systems impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; Water Supply Assessment and Written Verification of Sufficient Water Supply, The Avenue Specific Plan, City Of Ontario (Albert A. Webb Associates) January 24, 2024; The Avenue Specific Plan, 2024 Amendment.

20. WILDFIRE
If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Substantially impair an adopted
emergency response plan or
emergency evacuation plan?
X
b) Due to slope, prevailing winds, and
other factors, exacerbate wildfire risks,
and thereby expose project occupants
to, pollutant concentrations from a
wildfire or the uncontrolled spread of a
wildfire?
X
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-114 If located in or near state responsibility
areas or lands classified as very high fire
hazard severity zones, would the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
c) Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines or other utilities)
that may exacerbate fire risk or that
may result in temporary or ongoing
impacts to the environment?
X
d) Expose people or structures to
significant risks, including downslope
or downstream flooding or landslides,
as a result of runoff, post-fire slope
instability, or drainage changes?
X
Substantiation:
a – d) No Changes or New Information Requiring Preparation of an MND or EIR.

Certified SEIR Conclusions: As discussed in the Certified SEIR, CAL FIRE has determined that the City contains no areas subject to very high wildfire risk. However, the City recognizes that even though fuel loading is light in Ontario and fire risk comes primarily from urban fires, not wildfires, there is some risk related to wildfires. There are many resources available to address wildland fires should they arise - CAL FIRE’s 2019 Strategic Fire Plan for California, the CFC, County of San Bernardino MJHMP, City of Ontario LHMP, and fire services from the City of Ontario Fire Department. With adherence to these building practices, development and infrastructure associated with TOP 2050 would not exacerbate risk or result in post-wildfire hazards (e.g., landslides, mudflows, and flooding). In addition, TOP 2050 incorporates policies to prevent wildfire hazards and support the community during wildfire events (Certified SEIR, pp. 5.20-15,

5.20-16). On this basis, the Certified SEIR concluded that potential wildfire impacts resulting from TOP 2050 would be less-than-significant.

Certified SEIR Mitigation Measures: None.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-115 Modified Project: The Modified Project land uses and development concepts are consistent with anticipated buildout of the City under TOP 2050. By extension, potential wildfire impacts affecting the Modified Project are reflected in the assessment of wildfire impacts affecting the City under TOP 2050, as considered and addressed in the Certified SEIR. Per CAL FIRE “Fire Hazard Severity Zone Maps,” the City and the Modified Project site are not located within or near a state responsibility area, or within an area classified as a very high fire hazard severity zone.

Fire protection services for the Modified Project site and vicinity are currently provided by the Ontario Fire Department (Fire Department). Adherence to Fire Department building and site design requirements, and compliance with codified fire protection and prevention measures during construction and operation of the Modified Project are required. On this basis, when compared to the Certified SEIR findings, no new or substantially increased wildfire impacts would result from the Modified Project.

Modified Project Conditions of Approval: None.

Summary
When compared to impacts considered and addressed in the Certified SEIR, no new significant, substantially increased, or substantially different wildfire impacts would result from the Modified Project. No changed or new information has been identified to indicate that any potential impacts resulting from the Modified Project would be different from those previously identified and addressed in the Certified SEIR.

Sources: The Ontario Plan 2050 Certified Supplemental Environmental Impact Report, SCH No. 2021070364 (Placeworks) August 2022; SW San Bernardino County, Fire Hazard Severity Zones in SRA (November 7, 2007); https://osfm.fire.ca.gov/media/6781/fhszs_map62.pdf; The Avenue Specific Plan, 2024 Amendment.
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-116

21. MANDATORY FINDINGS OF SIGNIFICANCE
Does the project:

Substantial
Change in
Project
Requiring
Major EIR
Revisions
Substantial
Change in
Circumstances
Requiring
Major EIR
Revisions
New
Information
Showing
Greater
Significant
Effects than
Previous EIR
New
Information
Showing
Ability to
Reduce but
not Eliminate
Significant
Effects in
Previous EIR
No Changes
or New
Information
Requiring
Preparation
of an MND
or EIR
No
Impact
a) Have the potential to substantially
degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species,
cause a fish or wildlife population to
drop below self-sustaining levels,
threaten to eliminate a plant or animal
community, substantially reduce the
number or restrict the range of a rare or
endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
X
b) Have impacts that are individually
limited, but cumulatively
considerable? (“Cumulatively
considerable” means that the
incremental effects of a project are
considerable when viewed in
connection with the effects of the past
projects, the effects of other current
projects, and the effects of probable
future projects.)
X
c) Have environmental effects which will
cause substantial adverse effects on
human beings, either directly or
indirectly?
X
Substantiation:
a – c) No Changes or New Information Requiring Preparation of an MND or EIR.

This Addendum defines, describes, compares, and contrasts potential environmental impacts of the Modified Project in the context of the environmental impacts assessed in the Certified SEIR. In so doing, this Addendum substantiates consistency with applicable CEQA Guidelines provisions addressing preparation of an Addendum to a previouslyCertified SEIR. 1316
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The Avenue Specific Plan, 2024 Amendment Environmental Checklist Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 3-117 As supported by the discussions presented herein, the Modified Project would not result in or cause any new significant impacts, substantively increased impacts, or substantively different environmental impacts than those previously considered and addressed in the Certified SEIR. Analysis beyond that presented in this Addendum is not required or warranted.
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4.0 DETERMINATION
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4.0 DETERMINATION
As supported by the analysis presented herein, the potential environmental effects of the development allowed by the Modified Project, and associated required discretionary actions, have been adequately addressed in the Certified EIR. As such, the development of any further information and analysis is not warranted. Pursuant to the requirements of CEQA Guidelines Section 15162 and 15164, the following determinations have been made.

Major Revisions to the Certified EIR Not Required
Based on the preceding analysis and information, there is no evidence that major changes to the Certified EIR are required. This Addendum indicates that there is no new significant or more severe environmental impact, and that the development of the Modified Project described herein would essentially have the same, or reduced, impacts as those considered and addressed in the Certified EIR.

No Substantial Change in Circumstances Requiring Major Revisions to the Certified EIR No information exists in the record, or is otherwise available that indicates that there are substantial changes in circumstances that would require major changes to the Certified EIR.

No New Information Showing Greater Significant Effects than Identified in the Certified EIR
This Addendum has considered all available relevant information to determine whether there is new information, which was not available at the time the Certified EIR was prepared, that may indicate that a new significant effect may occur that was not reported in the Certified EIR. As supported by the analysis presented in this 1319
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Addendum to The Ontario Plan Certified SEIR (SCH No. 2021070364) Page 4-2 Addendum, there is no substantial new information that was not available at the time of the Certified EIR, indicating that there would be a new, significant impact requiring major revisions of the Certified EIR.

No New Information Showing Ability to Reduce Significant Effects Identified in the Certified EIR
The Addendum analysis substantiates that there are no significant impacts requiring identification of alternatives to the Modified Project. The continued implementation of applicable mitigation from previous relevant CEQA documents, as incorporated in this Addendum, reduce the Project’s potentially significant impacts to levels that are lessthan-significant.

Summary
The analysis presented in this document substantiates that the analysis presented in the Certified EIR is sufficient to satisfy CEQA requirements for the proposed Modified Project. That is, with incorporation of mitigation, implementation of the Modified Project described and evaluated herein would not result in any significant new, different, additional, or substantially increased environmental impacts than were previously considered and addressed in the Certified EIR. As such, environmental assessment of the Modified Project does not require any major revision of the previously-approved Certified EIR, nor would development allowed by the Modified Project result in conditions that would require preparation of further analysis as described in the CEQA Guidelines.
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5.0 MITIGATION SUMMARY
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5.0 MITIGATION SUMMARY

5.1 OVERVIEW
The following Table 5.1-1, Mitigation Summary Matrix, presents relevant mitigation measures incorporated in the Certified SEIR, and Conditions of Approval proposed by the Modified Project described herein.

Certified SEIR mitigation measures that are no longer required are indicated by strikeout font. New Conditions of Approval to be implemented under the Modified Project are indicated by bold italic text. The “Remarks” column identifies status and applicability of all Mitigation Measures/Conditions of Approval. Required measures presented at Table 5.1-1 will be implemented through the Modified Project Conditions of Approval or as otherwise deemed appropriate by the City.

At the discretion of the City, any of the mitigation measures/conditions of approval identified at Table 5.1-1 may be modified to respond to incumbent conditions and context as they may apply to development proposed by the Modified Project. Any such modifications shall not result in any new significant environmental impacts. Rather, modifications (if any) would ensure compliance and consistency with current City goals, policies, regulations, and development programs/plans. 1322
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Mitigation Summary Matrix
Mitigation Measures Remarks
Aesthetics
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all aesthetics impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.

Agriculture and Forestry Resources
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all agriculture and forestry resources impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.

Air Quality
3-1 Prior to discretionary approval by the City of Ontario for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project construction-related air quality impacts to the City of Ontario Planning Department for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology for assessing air quality impacts. If construction-related criteria air pollutants are determined to have the potential to exceed the South Coast AQMD–adopted thresholds of significance, the City of Ontario building department shall require feasible mitigation measures to reduce air quality emissions. Potential measures shall be incorporated as conditions of approval for a project and may include:

Applicable. This Measure is carried forward from the Certified SEIR and would be implemented by the Modified Project. Consistent with this measure, a development-specific air quality impact analysis has been prepared for the Modified Project. Please refer to the Modified Project AQIA, Addendum Appendix B. The Modified Project would implement MM 3-1 emissions reductions/emissions control measures per City Conditions of Approval.
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Mitigation Summary Matrix
Mitigation Measures Remarks
• Require fugitive dust control measures that exceed South Coast Air Quality Management District’s Rule 403, such as:
o Requiring use of nontoxic soil stabilizers to reduce wind erosion.
o Applying water every four hours to active soil disturbing activities.
o Tarping and/or maintaining a minimum of 24 inches of
freeboard on trucks hauling dirt, sand, soil, or other loose materials.
o Using construction equipment rated by the United States Environmental Protection Agency as having Tier 4 interim or higher exhaust emission limits.
• Ensuring construction equipment is properly serviced and maintained to the manufacturer’s standards.
• Limiting nonessential idling of construction equipment to no more than five consecutive minutes.
• Using Super-Compliant VOC paints for coating architectural surfaces whenever possible. A list of Super-Compliant
architectural coating manufactures can be found on the South Coast Air Quality Management District’s website at:
http://www.aqmd.gov/prdas/brochures/SuperCompliant_AIM.pdf.

These identified measures shall be incorporated into all appropriate construction documents (e.g., construction management plans) submitted to the City and shall be verified by the City’s Planning Department.
3-2 The City of Ontario shall evaluate new development proposals within the City and require all developments to include access or linkages to alternative modes of transportation, such as transit stops, bike paths, and/or pedestrian paths (e.g., sidewalks).

Applicable. This Measure is carried forward from the Certified SEIR and shall be implemented by the Modified Project.
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Mitigation Summary Matrix
Mitigation Measures Remarks
AQ-1 Prior to discretionary approval by the City of Ontario for development projects subject to CEQA (California Environmental Quality Act) review (i.e., nonexempt projects), project applicants shall prepare and submit a technical assessment evaluating potential project operation-phase-related air quality impacts to the City of Ontario Planning Department for review and approval. The evaluation shall be prepared in conformance with South Coast Air Quality Management District (South Coast AQMD) methodology in assessing air quality impacts. If operation-related air pollutants are determined to have the potential to exceed the South Coast AQMD– adopted thresholds of significance, the City of Ontario Planning Department shall require that applicants for new development projects incorporate mitigation measures to reduce air pollutant emissions during operational activities. The identified measures shall be included as part of the conditions of approval. Possible mitigation measures to reduce long-term emissions could include, but are not limited to the following:
• For site-specific development that requires refrigerated vehicles, the construction documents shall demonstrate an adequate number of electrical service connections at loading docks for plug-in of the anticipated number of refrigerated trailers to reduce idling time and emissions.
• Applicants for manufacturing and light industrial uses shall consider energy storage and combined heat and power in
appropriate applications to optimize renewable energy
generation systems and avoid peak energy use.
• Site-specific developments with truck delivery and loading areas and truck parking spaces shall include signage as a reminder to limit idling of vehicles while parked for
Applicable. This Measure is carried forward from the Certified SEIR and would be implemented by the Modified Project. Consistent with this measure, a development-specific air quality impact analysis has been prepared for the Modified Project. Please refer to the Modified Project AQIA, Addendum Appendix B. The Modified Project would implement MM AQ-1 emissions reductions/emissions control measures per City Conditions of Approval.
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Mitigation Summary Matrix
Mitigation Measures Remarks
loading/unloading in accordance with California Air Resources Board Rule 2845 (13 CCR Chapter 10 sec. 2485).
• Provide changing/shower facilities as specified in Section A5.106.4.3 of CALGreen (Nonresidential Voluntary Measures). • Provide bicycle parking facilities per Section A4.106.9 of CALGreen (Residential Voluntary Measures).
• Provide preferential parking spaces for low-emitting, fuel-efficient, and carpool/van vehicles per Section A5.106.5.1 of CALGreen (Nonresidential Voluntary Measures).
• Provide facilities to support electric charging stations per Section A5.106.5.3 and Section A5.106.8.2 of CALGreen
(Nonresidential Voluntary Measures; Residential Voluntary Measures).

Applicant-provided appliances shall be Energy Star-certified appliances or appliances of equivalent energy efficiency (e.g., dishwashers, refrigerators, clothes washers, and dryers). Installation of Energy Star-certified or equivalent appliances shall be verified by the City during plan check.

Biological Resources
BIO-1 Avoidance of Nesting Burrowing Owls: No more than 72 hours prior to any site disturbances, focused surveys for the burrowing owl shall be conducted. If absence of this species is confirmed, project work can proceed. If, however, burrowing owl is located on site, the appropriate resource agencies (CDFW and USFWS) shall be contacted. The Applicant shall consult with the wildlife agencies regarding the most appropriate methods and timing for removal of owls. As necessary, owls will be actively evicted following agency approved protocols (i.e., placing a one-way door at the burrow Mitigation is not identified in the Certified SEIR.

Condition of Approval BIO-1 is incorporated to ensure that impacts to the burrowing owl are maintained at levels that would be less-than-significant.
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Mitigation Summary Matrix
Mitigation Measures Remarks
entrance to ensure that owls cannot access the burrow once they leave). Any such active eviction shall occur outside of the breeding/nesting season. That is, if active eviction is required, eviction shall be accomplished between September 1 and February

15. If more than 30 days have elapsed between owl eviction and completion of clearing and grubbing activities, a subsequent survey for the burrowing owl shall be conducted to ensure that owls have not re-populated the site. Any reoccupation by owls will require subsequent protocol active eviction.

BIO-2 Avoidance of Nesting Migratory Birds: If possible, all vegetation removal activities shall be scheduled from August 1 to February 1, which is outside the general avian nesting season. This would ensure that no active nests would be disturbed, and that removal could proceed rapidly. If vegetation is to be cleared during the nesting season, all suitable habitat will be thoroughly surveyed within 72 hours prior to clearing for the presence of nesting birds by a qualified biologist (Biologist). The Biologist shall be approved by the City and retained by the Applicant. The survey results shall be submitted by the Applicant to the City Planning Department. If any active nests are detected, the area of nesting shall be flagged and mapped on the construction plans along with a minimum 300-foot buffer, with the final buffer distance to be determined by the Project Biologist. The buffer area shall be avoided until, as determined by the Biologist, the nesting cycle is complete, or it is concluded that the nest has failed. In addition, the Biologist shall be present on the site to monitor the vegetation removal to ensure that any nests, which were not detected during the initial survey, are not disturbed.

Mitigation is not identified in the Certified SEIR.

Condition of Approval BIO-2 is incorporated to ensure that impacts to the nesting migratory birds are maintained at levels that would be less-than-significant.
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Mitigation Measures Remarks
BIO-3 To the extent not considered and addressed in prior biological resources assessments, the Project DSFLF Study, or the January 2024 Biological Update, and to properly assess and address potential biological resources impacts, Biological Resources surveys shall be prepared prior to approval of Tentative Tract Maps within the Modified Project site. If suitable habitat is determined present onsite, subsequent focused surveys shall be completed and no “take” of any protected species and/or their habitat shall occur without obtaining the requisite regulatory permits from State and Federal agencies.

Mitigation is not identified in the Certified SEIR.

Condition of Approval BIO-3 is incorporated to ensure that impacts affecting areas of the Specific Plan that may not have been previously identified are resolved prior to the approval of Tentative Tract Maps for the affected areas.

Cultural Resources
5-1 Historic or potentially historic resources in the City shall be evaluated for historic significance through the City’s tier system prior to the issuance of plan or development approvals. Pursuant to City’s Development Code (Chapter 7, Historic Preservation), each historic resource shall be fully documented and cataloged pursuant to Historic American Building Survey/Historic American
Engineering Record (HABS/HAER) standards, to provide a record of the resource, including, but not limited to: [i] the preparation of site plans, floor plans, exterior and interior elevations, and detail drawings of character defining features (such as moldings, stairs, etc.); and [ii] photographs of the resource, including the exterior, interior, and interior and exterior character defining features (such as moldings, light fixtures, trim patterns, etc.).

Applicable. This Measure is carried forward from the Certified SEIR and shall be implemented by the Modified Project. Note: Previous surveys indicate there are no known or probable historic resources within the Modified Project site.
5-2 In areas of documented or inferred from evident archaeological and/or paleontological resource presence, City staff shall require applicants for development permits to provide studies to document the presence/absence of such resources. On properties where resources are identified, such studies shall provide a detailed Applicable. This Measure is carried forward from the Certified SEIR and shall be implemented by the Modified Project. Note: Previous surveys indicate there are no known or probable archaeological and/or paleontological resources within the Modified Project site. The Modified Project would implement MM 5-2 measures providing for 1328
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Mitigation Measures Remarks
mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified cultural preservation expert. The mitigation plan shall include the following requirements:
a) Archaeologists and/or paleontologist shall be retained for the project and will be on call during grading and other significant ground-disturbing activities.
b) Should any cultural/scientific resources be discovered, no further grading shall occur in the area of the discovery until the Planning Director is satisfied that adequate provisions are in place to protect these resources.
c) Unanticipated discoveries shall be evaluated for significance by a San Bernardino County Certified Professional
Archaeologist/Paleontologist. If significance criteria are met, then the project shall be required to perform data recovery, professional identification, radiocarbon dates, and other special studies; submit materials to a museum for permanent curation; and provide a comprehensive final report including catalog with museum numbers.
protection of unknown resources that may exist in a buried context.

Please refer also to Conditions of Approval that would be implemented under the topical heading “Tribal Cultural Resources.” Energy
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all energy impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.

Geology and Soils
Please refer to Mitigation Measure 5-2, presented previously. Applicable. Mitigation is carried forward from the Certified EIR and shall be implemented by the Modified Project.
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Mitigation Measures Remarks
Greenhouse Gas Emissions
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all GHG impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.

Hazards and Hazardous Materials
HM-1 Removal of structures, including, but limited to, under- and aboveground storage tanks, septic systems, and water wells shall conform to all Federal, State, and local agency regulations (specifically with those required by the City Building and Safety Department and the Hazardous Materials Division of the San Bernardino County Fire Department). Due to the extensive disposal requirements and protocols contained within these regulatory schemes, implementation and adherence to these various regulatory requirements will ensure that no significant impacts occur.

Mitigation is not identified in the Certified SEIR.

Condition of Approval HM-1 is incorporated to ensure compliance with applicable regulations, ordinances, and policies.

HM-2 Prior to grading activities for any areas not previously tested, a methane gas assessment shall be prepared by a licensed professional with expertise in soil gas assessments for subdivisions proposed on former dairies, poultry ranches, hog ranches, livestock feed operations and similar facilities to determine the presence of methane gas within the project boundary. The methane gas assessment shall identify monitoring and mitigation strategies and approaches. All mitigation measures/plans and specifications shall be reviewed and approved by the City of Ontario.

Such an assessment may take two steps. A preliminary assessment will be done prior to grading to determine exactly where dairies have existed in the past so that the post grading
Mitigation is not identified in the Certified SEIR.

Condition of Approval HM-2 is incorporated to ensure compliance with applicable regulations, ordinances, and policies.
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Mitigation Measures Remarks
assessment/mitigation measures can be focused on the portions of the Planning Areas that have included former agricultural activities. The second step will include actual testing of graded pads no sooner than 30 days after construction to determine if methane is detected above 5,000 ppm.

The following grading guidelines shall also be adhered to:
• Careful clearing, grubbing, segregation, and stockpiling or disposal near surface, of organics-rich soils at the site prior to the initiation of mass grading activities.
• The identification and segregation/stockpiling or disposal of deeper soils which contain elevated levels of organic material. Soils with an organic content of 0.4% or higher shall be segregated for controlled placement that ensures that methane levels are below 5,000 ppm.
• Soils with organic content in excess of 0.4% shall not be placed as “deep” fill. Soils with organic contents in excess of this amount shall be placed in open areas within approximately two feet of the finished ground surface.

HM-3 To eliminate the risk of ground cracking, manure shall be removed from the site, such that the organic matter content of onsite soils shall not exceed 2% (a 2% total organic content is allowed, of which no more than 1% can be manure) in the building foundation areas when mixed with underlying clean soils and imported fill.

Mitigation is not identified in the Certified SEIR.

Condition of Approval HM-3 is incorporated to ensure compliance with applicable regulations, ordinances, and policies.
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HM-4 To the extent not previously prepared and to properly assess and address potential hazardous materials, a Phase I
Environmental Site Assessment (ESA) shall be performed by a registered environmental assessor (REA) prior to the approval of the Tentative Tract Map, site plan or other discretionary approval for a given phase of development. If potential hazardous materials or conditions are identified in the Phase I report, the recommendations of the ESA shall be implemented. Such
recommendations shall include surficial sampling and chemical analysis within agricultural areas or where soil staining was observed. The Phase I ESA shall be provided to the City and shall be included in any CEQA analysis prepared in connection with the consideration of the discretionary approval for development.

Mitigation is not identified in the Certified SEIR.

Condition of Approval HM-4 is incorporated to ensure compliance with applicable regulations, ordinances, and policies.

HM-5 If, while performing any excavation as part of Project construction, material that is believed to be hazardous waste as defined in Section 25117 of the California Health and Safety Code is discovered, the developer shall contact the City Fire Department and the County of San Bernardino Fire Department Hazardous Materials Division. Excavation shall be stopped until the material has been tested and the absence of hazardous waste has been confirmed. If hazardous waste is determined to be present, the California Department of Toxic Substances control shall be contacted and the material shall be removed and disposed of pursuant to applicable provisions of California law.

Mitigation is not identified in the Certified SEIR.

Condition of Approval HM-5 is incorporated to ensure compliance with applicable regulations, ordinances, and policies.

Hydrology and Water Quality
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all hydrology and water quality impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the 1332
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Modified Project.

Land Use and Planning
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all land use and planning impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.

Mineral Resources
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all mineral resources impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.

Noise
12-1 Prior to the issuance of building permits for any project that involves a noise-sensitive use within the 65 dBA CNEL contour of the Ontario International Airport, the project property owner/developers shall retain an acoustical engineer to conduct an acoustic analysis and identify, where appropriate, site design features and/or required building acoustical improvements (e.g., sound transmission class rated windows, doors, and attic baffling), to ensure compliance with the City’s Noise Compatibility Criteria and the California State Building Code and California Noise Insulation Standards (Titles 24 and 21 of the California Code of Regulations).

Airport noise level impacts affecting the Modified Project site have been evaluated in this Addendum and are substantiated to be less-than-significant. Please refer also to the Modified Project Noise Impact Analysis presented at Addendum Appendix E.
12-2 Prior to issuance of a building permit, individual projects that involve vibration-intensive construction activities, such as pile drivers, jack hammers, and vibratory rollers near sensitive receptors shall be evaluated for potential vibration impacts. For construction Construction-source vibration impacts of the Modified Project have been evaluated in this Addendum and are substantiated to be less-than-significant. Please refer also to the Modified Project Noise Impact Analysis presented at Addendum Appendix E.
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Mitigation Measures Remarks
within 135 feet of fragile structures, such as historical resources, within 100 feet of nonengineered timber and masonry buildings (e.g., most residential buildings), or within 75 feet of engineered concrete and masonry (no plaster); or a vibratory roller within 25 feet of any structure, the project applicant shall prepare a noise and vibration analysis to assess and mitigate potential noise and vibration impacts related to these activities. This noise and vibration analysis shall be conducted by a qualified and experienced acoustical consultant or engineer. The vibration levels shall not exceed Federal Transit Administration (FTA) architectural damage thresholds (e.g., 0.12 inches per second [in/sec] peak particle velocity [PPV] for fragile or historical resources, 0.2 in/sec PPV for nonengineered timber and masonry buildings, and 0.3 in/sec PPV for engineered concrete and masonry). If vibration levels would exceed this threshold, alternative uses shall be used, such as drilling piles as opposed to pile driving and static rollers as opposed to vibratory rollers. If necessary, construction vibration monitoring shall be conducted to ensure vibration thresholds are not exceeded. 12-4 Construction activities associated with new development that occurs near sensitive receptors shall be evaluated for potential noise impacts. Construction contractors shall implement the following measures for construction activities in the City of Ontario.

Construction plans submitted to the City shall identify these measures on demolition, grading, and construction plans. The City of Ontario Planning and Building Departments shall verify that grading, demolition, and/or construction plans submitted include these notations prior to issuance of demolition, grading, and/or building permits.
• Construction activity is limited to the hours between 7:00 am Construction-source noise impacts of the Modified Project have been evaluated in this Addendum and are substantiated to be
less-than-significant. Please refer also to the Modified Project Noise Impact Analysis presented at Addendum Appendix E.
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and 6:00 pm Monday through Friday and 9:00 am to 6:00 pm Saturdays and Sundays, as prescribed in Municipal Code Section 5-29.09.
• During the entire active construction period, equipment and trucks used for project construction shall use the best-available noise control techniques wherever feasible (e.g., improved mufflers, equipment re-design, use of intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds). • Impact tools (e.g., jack hammers and hoe rams) shall be hydraulically or electrically powered wherever possible. Where the use of pneumatic tools is unavoidable, an exhaust muffler on the compressed air exhaust shall be used along with external noise jackets on the tools.
• Stationary equipment such as generators and air compressors shall be located as far as feasible from nearby noise-sensitive uses. • Stockpiling shall be located as far as feasible from nearby noise-sensitive receptors.
• Construction traffic shall be limited, to the extent feasible, to approved haul routes established by the City Planning and Building Agency.
• At least 10 days prior to the start of construction activities, a sign shall be posted at the entrance(s) to the job site, clearly visible to the public, that includes permitted construction days and hours as well as the telephone numbers of the City’s and contractor’s authorized representatives that are assigned to respond in the event of a noise or vibration complaint. If the authorized contractor’s representative receives a complaint, he/she shall investigate, take appropriate corrective action, and report the action to the City.
• Signs shall be posted at the job site entrance(s), within the on-site construction zones, and along queueing lanes (if any) to 1335
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reinforce the prohibition of unnecessary engine idling. All other equipment shall be turned off if not in use for more than 5 minutes. • During the entire active construction period and to the extent feasible, the use of noise-producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. The construction manager shall use smart back-up alarms, which automatically adjust the alarm level based on the background noise level or switch off back-up alarms and replace with human spotters in compliance with all safety requirements and laws. • Erect temporary noise barriers (at least as high as the exhaust of equipment and breaking line-of-sight between noise sources and sensitive receptors), as necessary and feasible, to maintain construction noise levels at or below the performance standard of 80 dBA Leq. Barriers shall be constructed with a solid material that has a density of at least 1.5 pounds per square foot with no gaps from the ground to the top of the barrier and may be lined on the construction side with an acoustical blanket, curtain, or equivalent absorptive material.

Population and Housing
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all population and housing impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.

Public Services
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all public services impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project. 1336
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Recreation
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all recreation impacts of the Modified Project would be less-than-significant. No mitigation is required of the Modified Project.

Transportation
T-1 Prior to approval of discretionary projects subject to VMT reduction analysis, applicants shall demonstrate compliance with the City’s VMT Guidelines for CEQA assessment of VMT impacts. For projects with VMT per Service Population exceeding the County’s
significance threshold, a mitigation plan shall be developed and implemented. Mitigation should consist of Transportation Demand Management (TDM) measures analyzed under a VMT-reduction methodology consistent with the California Air Pollution Control Officers Association’s (CAPCOA) Final Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate
Vulnerabilities, and Advancing Health and Equity (2021) and approved by the City of Ontario (if applicable). Examples of measures include but are not limited to:
• Pedestrian Network Improvements: constructing new
sidewalks and/or improving damaged or substandard sidewalks that connect to a larger pedestrian network.
• Construct or Improve Bike Facilities: constructing new or enhancing a single existing Class I, II or IV bike facility that connects to a larger bike network.
• Construct or Improve Bike Boulevards: implementing a Class III bike boulevard on a local or collector street that is one travel lane in each direction, has a design speed of 25 mph or less and a design Modified Project VMT impacts have been evaluated in this Addendum and are substantiated to be less-than-significant. Please refer also to the Modified Project VMT Analysis presented at Addendum Appendix F. 1337
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volume of 5,000 ADT or less.
• Expand Bikeway Networks: constructing a network of
interconnected new Class I, II, or IV bike facilities.
• Provide End of Trip Bicycle Facilities: constructing facilities that support cyclists such as bike parking, lockers, and showers. • Implement Transit-Supportive Roadway Treatments: funding infrastructure improvements such as traffic signal modifications and roadway signing and striping that are dedicated to improving transit travel times and reliability.
• Transit Passes: proving discounted or free transit fare to a specific geographic area, population group, or to the general public. • Vanpool Program: providing groups of 5 to 15 people with direct shuttle service between their workplace and residence. • Carshare Program (conventional or EV): providing access to a shared fleet of on-demand vehicles for short-term use/rental. Best practice is to discount carshare membership and provide priority parking for carshare vehicles to encourage use of the service. • Bikeshare Program (conventional or EV): providing access to a shared fleet of on-demand bicycles for short-term use/rental. Best practice is to discount bikeshare membership and dedicate bikeshare parking to encourage use of the service.
• Rideshare Program: providing access to and encouraging the use of a ridesharing platform or service. This could be an app, website, or other service that provides ride-matching coordination services.
• Community-Based Travel Planning (CBTP): CBTP is a
residential based approach to outreach, performed by trained advisors, that provides households within a targeted geographic area with customized information, incentives, and support to encourage the use of transportation alternatives in place of single 1338
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occupancy vehicles.
• Commute Trip Reduction (CTR) Program: CTR programs can be mandatory or voluntary, and involve providing information, coordination, services, infrastructure, and/or incentives for alternative modes such as ridesharing, vanpool, transit passes, and cycling.

Tribal Cultural Resources
5-3 Upon receipt of an application for a proposed project subject to CEQA and within the City’s jurisdiction, the City’s representative shall consult with the relevant tribe(s)’ representative(s) to determine if the proposed project is within a culturally sensitive area to the tribe. If sufficient evidence is provided to reasonably ascertain that the site is within a tribal culturally sensitive area, an archaeologist shall prepare a cultural resources assessment. The findings of the cultural resources assessment shall be incorporated into the CEQA documentation. A copy of the report shall be forwarded to the tribe(s). If mitigation is recommended in the CEQA document, the procedure described in Mitigation Measure 5-4 shall be followed.

Applicable. This Measure is carried forward from the Certified SEIR and shall be implemented by the Modified Project.
5-4 Prior to the issuance of grading permits for a proposed project for which the CEQA document defines cultural resource mitigation for potential tribal resources, the project applicant shall contact the designated tribe(s) to notify them of the grading, excavation, and monitoring program. The applicant shall coordinate with the City of Ontario and the tribal representative(s) to develop mitigation measures that address the designation, responsibilities, and participation of tribal monitors during grading, excavation, and ground-disturbing activities; scheduling; terms of compensation; and treatment and final disposition of any cultural resources, sacred Applicable. This Measure is carried forward from the Certified SEIR and shall be implemented by the Modified Project.
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sites, and human remains discovered on the site. The City of Ontario shall be the final arbiter of the conditions for projects within the City’s jurisdiction.

TCR-1 Tribal Cultural Resources Monitoring. The project archaeologist, in consultation with interested tribes, the developer, and the City of Ontario, shall develop an archaeological monitoring plan (AMP) to address the details, timing, and responsibility of archaeological and cultural activities that will occur on the project site. Details in the AMP shall include:

1. Project-related ground disturbance (including, but not limited to, brush clearing, grading, trenching, etc.) and development scheduling;

2. The development of a rotating or simultaneous schedule in coordination with the developer and the project archeologist for designated Native American Tribal Monitors from the consulting tribes during grading, excavation and ground disturbing activities on the site: including the scheduling, safety requirements, duties, scope of work, and Native American Tribal Monitors’ authority to stop and redirect grading activities in coordination with all project archaeologists (if the tribes cannot come to an agreement on the rotating or simultaneous schedule of tribal monitoring, the Native American Heritage Commission shall designate the schedule for the onsite Native American Tribal Monitor for the proposed project);

3. The protocols and stipulations that the developer, City, Tribes, and project archaeologist will follow in the event of inadvertent cultural resources discoveries, including any newly discovered cultural resource deposits that shall be subject to a cultural resources Applicable. This Measure is carried forward from the Certified SEIR and shall be implemented by the Modified Project.
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evaluation.

At least 30 days prior to application for a grading permit and before any brush clearance, grading, excavation, and/or ground disturbing activities on the site, the developer shall retain a tribal cultural monitor to monitor all ground-disturbing activities in an effort to identify any unknown archaeological resources.

Pursuant to the AMP, a tribal monitor from the consulting tribe shall be present during the initial grading activities. If tribal resources are found during grubbing activities, the tribal monitoring shall be present during site grading activities.

TCR-2 Treatment and Disposition of Cultural Resources. In the event that Native American cultural resources are inadvertently discovered during the course of any ground-disturbing activities, including but not limited to brush clearance, grading, trenching, etc., for the proposed project, the following procedures will be carried out for treatment and disposition of the discoveries:

1. Temporary Curation and Storage: During the course of construction, all discovered resources shall be temporarily curated in a secure location on-site or at the offices of the project archaeologist. The removal of any artifacts from the project site will need to be thoroughly inventoried with tribal monitor oversight of the process;

2. Treatment and Final Disposition: The landowner(s) shall relinquish ownership of all cultural resources, including sacred items, burial goods, and all archaeological artifacts and nonhuman Applicable. This Measure is carried forward from the Certified SEIR and shall be implemented by the Modified Project.
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remains as part of the required mitigation for impacts to cultural resources. The applicant shall relinquish the artifacts through one or more of the following methods and provide the City of Ontario with evidence of same:
a. Accommodate the process for on-site reburial of the discovered items with the consulting Native American tribes or bands. This shall include measures and provisions to protect the future reburial area from any future impacts. Reburial shall not occur until all cataloging, basic analysis, other analyses as recommended by the project archaeologist and approved by consulting tribes, and basic recordation have been completed; all documentation should be at a level of standard professional practice to allow the writing of a report of professional quality;
b. A curation agreement with an appropriate qualified repository in San Bernardino County that meets federal standards per 36 CFR Part 79, and therefore the resource would be professionally curated and made available to other archaeologists/researchers for further study. The collections and associated records shall be transferred, including title, to an appropriate curation facility in San Bernardino County, to be accompanied by payment of the fees necessary for permanent curation;
c. For purposes of conflict resolution, if more than one Native American tribe or band is involved with the project and cannot come to an agreement as to the disposition of cultural materials, materials shall be curated at the San Bernardino County Museum by default;
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d. At the completion of grading, excavation, and
ground-disturbing activities on the site, a Phase IV Monitoring Report shall be submitted to the City documenting monitoring activities conducted by the project archaeologist and Native Tribal Monitors within 60 days of completion of grading. This report shall document the impacts to the known resources on the property; describe how each mitigation measure was fulfilled; document the type of cultural resources recovered and the disposition of such resources; provide evidence of the required cultural sensitivity training for the construction staff held during the required pregrade meeting; and, in a confidential appendix, include the daily/weekly monitoring notes from the archaeologist. All reports produced will be submitted to the City, County Museum, and consulting tribes.

TR-1 Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities:

A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation. The monitor shall be retained prior to the commencement of any “ground-disturbing activity” for the subject project at all project locations (i.e., both on-site and any off-site locations that are included in the project
description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any In addition to mitigation carried forward as noted above, Condition of Approval TR-1 is incorporated to ensure that tribal cultural resource impacts are maintained at levels that would be less-than-significant. 1343
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ground-disturbing activity, or the issuance of any permit necessary to commence a ground-disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground-disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve grounddisturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.

E. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered 1344
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TCR has been fully assessed by the Kizh monitor and/or Kizh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

TR-2 Unanticipated Discovery of Human Remains and Associated Funerary Objects:

A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

B. If Native American human remains and/or grave goods
discovered or recognized on the project site, then all construction activities shall immediately cease. Health and Safety Code Section 7050.5 dictates that any discoveries of human skeletal material shall be immediately reported to the County Coroner and all ground- disturbing activities shall immediately halt and shall remain halted until the coroner has determined the nature of the remains. If the coroner recognizes the human remains to be those of a Native American or has reason to believe they are Native American, he or she shall contact, by telephone within 24 hours, the Native American Heritage Commission, and Public Resources Code Section 5097.98 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

In addition to mitigation carried forward as noted above, Condition of Approval TR-2 is incorporated to ensure that tribal cultural resource impacts are maintained at levels that would be less-than-significant. 1345
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D. Construction activities may resume in other parts of the project site at a minimum of 200 feet away from discovered human remains and/or burial goods, if the Kizh determines in its sole discretion that resuming construction activities at that distance is acceptable and provides the project manager express consent of that determination (along with any other mitigation measures the Kizh monitor and/or archaeologist deems necessary). (CEQA Guidelines Section 15064.5(f).)
E. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any historic archaeological material that is not Native American in origin (non-TCR) shall be curated at a public, non-profit institution with a research interest in the materials, such as the Natural History Museum of Los Angeles County or the Fowler Museum, if such an institution agrees to accept the material. If no institution accepts the archaeological material, it shall be offered to a local school or historical society in the area for educational purposes.

F. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.

TR-3 Procedures for Burials and Funerary Remains:

A. As the Most Likely Descendant (“MLD”), the Koo-nas-gna Burial Policy shall be implemented. To the Tribe, the term “human remains” encompasses more than human bones. In ancient as well as historic times, Tribal Traditions included, but were not limited to, the preparation of the soil for burial, the burial of funerary objects with the deceased, and the ceremonial burning of human remains.

In addition to mitigation carried forward as noted above, Condition of Approval TR-3 is incorporated to ensure that tribal cultural resource impacts are maintained at levels that would be less-than-significant. 1346
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B. If the discovery of human remains includes four or more burials, the discovery location shall be treated as a cemetery and a separate treatment plan shall be created.

C. The prepared soil and cremation soils are to be treated in the same manner as bone fragments that remain intact. Associated funerary objects are objects that, as part of the death rite or ceremony of a culture, are reasonably believed to have been placed with individual human remains either at the time of death or later; other items made exclusively for burial purposes or to contain human remains can also be considered as associated funerary objects. Cremations will either be removed in bulk or by means as necessary to ensure complete recovery of all sacred materials.

D. In the case where discovered human remains cannot be fully documented and recovered on the same day, the remains will be covered with muslin cloth and a steel plate that can be moved by heavy equipment placed over the excavation opening to protect the remains. If this type of steel plate is not available, a 24-hour guard should be posted outside of working hours. The Tribe will make every effort to recommend diverting the project and keeping the remains in situ and protected. If the project cannot be diverted, it may be determined that burials will be removed.

E. In the event preservation in place is not possible despite good faith efforts by the project applicant/developer and/or landowner, before ground-disturbing activities may resume on the project site, the landowner shall arrange a designated site location within the footprint of the project for the respectful reburial of the human 1347
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remains and/or ceremonial objects.

F. Each occurrence of human remains and associated funerary objects will be stored using opaque cloth bags. All human remains, funerary objects, sacred objects and objects of cultural patrimony will be removed to a secure container on site if possible. These items should be retained and reburied within six months of recovery. The site of reburial/repatriation shall be on the project site but at a location agreed upon between the Tribe and the landowner at a site to be protected in perpetuity. There shall be no publicity regarding any cultural materials recovered.

G. The Tribe will work closely with the project’s qualified archaeologist to ensure that the excavation is treated carefully, ethically, and respectfully. If data recovery is approved by the Tribe, documentation shall be prepared and shall include (at a minimum) detailed descriptive notes and sketches. All data recovery data recovery-related forms of documentation shall be approved in advance by the Tribe. If any data recovery is performed, once complete, a final report shall be submitted to the Tribe and the NAHC. The Tribe does NOT authorize any scientific study or the utilization of any invasive and/or destructive diagnostics on human remains.

Utilities and Service Systems
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all utilities and service systems impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project.
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Wildfire
N/A
Mitigation is not identified in the Certified SEIR. As substantiated in this Addendum, all wildfire impacts of the Modified Project would be less-than-significant, or no impacts would result from the Modified Project. No mitigation is required of the Modified Project. 1349
RESOLUTION NO. PC25-013

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

ONTARIO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE FILE NO. PSPA22-005, AN AMENDMENT TO THE AVENUE SPECIFIC PLAN TO: 1) MODIFY THE LAND USE DESIGNATION OF PLANNING AREA 4 AND APPLY DENSITY MODIFICATIONS TO
PLANNING AREAS 1B, 2A, 3B, AND 5 FOR CONSISTENCY WITH THE ONTARIO PLAN 2050 LAND USE PLAN; 2) APPLY GENERAL
MODIFICATIONS THROUGHOUT THE DOCUMENT FOR CLARITY;
AND, 3) MAKE EXHIBIT AND TEXT UPDATES THROUGHOUT THE

DOCUMENT TO SUPPORT THE PROJECT, FOR LAND LOCATED AT

THE NORTHWEST CORNER OF ARCHIBALD AVENUE AND ONTARIO
RANCH ROAD, AND MAKING FINDINGS IN SUPPORT THEREOF—
APNS: 0218-191-04; 0218-191-14; 0218-191-15; 0218-191-16; 0218-191- 05; 0218-191-22; 0218-191-20
WHEREAS, RICHLAND COMMUNITIES (hereinafter referred to as "Applicant") has filed an Application for the approval of a Specific Plan Amendment, File No. PSPA22- 005, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"). The full, redlined Specific Plan Amendment document is attached to this Resolution as “Attachment A: File No. PSPA22-005 Redlined Specific Plan Document”; and
WHEREAS, the Application applies to land located within The Avenue Specific Plan area, which is bound by Schaefer Avenue to the north, Carpenter Avenue to the west, Ontario Ranch Road and Old Edison Road to the south, and Haven Avenue to the east, and is presently improved with a mix of developed residential and commercial land uses, vacant and unimproved land, and agricultural dairy and nursery uses; and WHEREAS, the property to the north of the Project site is within the Specific Plan – Agricultural Overlay (SP-AG), Countryside Specific Plan, West Haven Specific Plan, and Utility Corridor (UC) zoning district, and is developed with agricultural, dairy, and residential land uses and vacant land. The property to the east is within the Rich-Haven Specific Plan, and is developed with residential land uses and vacant land. The property to the south is within the Parkside and Grand Park Specific Plans, and is developed with agricultural and residential land uses and vacant land. The property to the west is within the Specific Plan – Agricultural Overlay (SP-AG) zoning district, and is developed with agricultural uses and vacant land; and
WHEREAS, the Specific Plan Amendment consists of various map and text changes to accommodate land use and density modifications to Planning Areas 4, 1B, 2A, 3B, and 5, to bring the Specific Plan’s Land Use Plan into consistency with The Ontario Plan 2050 Land Use Plan (see Exhibit A: Existing and Proposed Specific Plan 1350
Planning Commission Resolution
File No. PSPA22-005
February 25, 2025