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APPENDIX 10.1:
SAMPLE AIR CONDITIONING UNIT
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APPENDIX 10.2:
CADNAA OPERATIONAL NOISE CALCULATIONS
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15693 - Empire Groves Hotel
CadnaA Noise Prediction Model: 15693-02_Operation.cna
Date: 07.05.24
Analyst: B. Maddux
Calculation Configuration
Configuration
Parameter Value
General
Max. Error (dB) 0.00
Max. Search Radius (#(Unit,LEN)) 2000.01
Min. Dist Src to Rcvr 0.00
Partition
Raster Factor 0.50
Max. Length of Section (#(Unit,LEN)) 999.99
Min. Length of Section (#(Unit,LEN)) 1.01
Min. Length of Section (%) 0.00
Proj. Line Sources On
Proj. Area Sources On
Ref. Time
Daytime Penalty (dB) 0.00
Recr. Time Penalty (dB) 5.00
Night-time Penalty (dB) 10.00
DTM
Standard Height (m) 0.00
Model of Terrain Triangulation
Reflection
max. Order of Reflection 2
Search Radius Src 100.00
Search Radius Rcvr 100.00
Max. Distance Source - Rcvr 1000.00 1000.00
Min. Distance Rvcr - Reflector 1.00 1.00
Min. Distance Source - Reflector 0.10
Industrial (ISO 9613)
Lateral Diffraction some Obj
Obst. within Area Src do not shield On
Screening Incl. Ground Att. over Barrier
Dz with limit (20/25)
Barrier Coefficients C1,2,3 3.0 20.0 0.0
Temperature (#(Unit,TEMP)) 10
rel. Humidity (%) 70
Ground Absorption G 0.50
Wind Speed for Dir. (#(Unit,SPEED)) 3.0
Roads (TNM)
Railways (FTA/FRA)
Aircraft (???)
Strictly acc. to AzB
Receiver Noise Levels
Name M. ID Level Lr Limit. Value Land Use Height Coordinates Day Night CNEL Day Night CNEL Type Auto Noise Type X Y Z (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) (ft) (ft) (ft) (ft) R1 R1 55.6 55.6 62.3 0.0 0.0 0.0 x Total 5.00 a 6151417.97 2333367.85 5.00 R2 R2 40.7 40.7 47.4 0.0 0.0 0.0 x Total 5.00 a 6148699.36 2334028.62 5.00 R3 R3 56.7 56.7 63.4 0.0 0.0 0.0 x Total 5.00 a 6151917.46 2334107.68 5.00 R4 R4 43.4 43.4 50.1 0.0 0.0 0.0 x Total 5.00 a 6153006.91 2335790.62 5.00 R5 R5 38.2 38.2 44.9 0.0 0.0 0.0 x Total 5.00 a 6155375.83 2335784.02 5.00 Point Source(s)
Name M. ID Result. PWL Lw / Li Operating Time Height Coordinates Day Evening Night Type Value norm. Day Special Night X Y Z (dBA) (dBA) (dBA) dB(A) (min) (min) (min) (ft) (ft) (ft) (ft) POOL1 POOL1 95.1 95.1 95.1 Lw 95.1 5.00 a 6152192.55 2333889.26 5.00 POOL2 POOL2 95.1 95.1 95.1 Lw 95.1 5.00 a 6152181.44 2333848.98 5.00 POOL3 POOL3 95.1 95.1 95.1 Lw 95.1 5.00 a 6152152.27 2333839.26 5.00 POOL4 POOL4 95.1 95.1 95.1 Lw 95.1 5.00 a 6152087.69 2333796.90 5.00 POOL5 POOL5 95.1 95.1 95.1 Lw 95.1 5.00 a 6152090.47 2333752.46 5.00 POOL6 POOL6 95.1 95.1 95.1 Lw 95.1 5.00 g 6152199.49 2333683.71 78.00 OUTDOOR01 OUTDOOR01 95.1 95.1 95.1 Lw 95.1 5.00 a 6152254.35 2333685.09 5.00 OUTDOOR02 OUTDOOR02 95.1 95.1 95.1 Lw 95.1 5.00 a 6152076.58 2333890.65 5.00 OUTDOOR03 OUTDOOR03 95.1 95.1 95.1 Lw 95.1 5.00 a 6152121.02 2333850.37 5.00 OUTDOOR04 OUTDOOR04 95.1 95.1 95.1 Lw 95.1 5.00 a 6152261.99 2333928.84 5.00 OUTDOOR05 OUTDOOR05 95.1 95.1 95.1 Lw 95.1 5.00 a 6152286.30 2333920.51 5.00 OUTDOOR06 OUTDOOR06 95.1 95.1 95.1 Lw 95.1 5.00 a 6152241.85 2333896.90 5.00 OUTDOOR07 OUTDOOR07 95.1 95.1 95.1 Lw 95.1 5.00 a 6152291.16 2333879.54 5.00 OUTDOOR08 OUTDOOR08 95.1 95.1 95.1 Lw 95.1 5.00 a 6152280.05 2333789.26 5.00 OUTDOOR09 OUTDOOR09 95.1 95.1 95.1 Lw 95.1 5.00 a 6152289.77 2333753.84 5.00 Urban Crossroads, Inc.
319
5878
Name M. ID Result. PWL Lw / Li Operating Time Height Coordinates Day Evening Night Type Value norm. Day Special Night X Y Z (dBA) (dBA) (dBA) dB(A) (min) (min) (min) (ft) (ft) (ft) (ft) OUTDOOR10 OUTDOOR10 95.1 95.1 95.1 Lw 95.1 5.00 a 6152014.77 2333858.71 5.00 OUTDOOR11 OUTDOOR11 95.1 95.1 95.1 Lw 95.1 5.00 a 6151615.47 2333655.93 5.00 OUTDOOR12 OUTDOOR12 95.1 95.1 95.1 Lw 95.1 5.00 a 6151571.72 2333627.46 5.00 OUTDOOR13 OUTDOOR13 95.1 95.1 95.1 Lw 95.1 5.00 a 6151536.99 2333579.54 5.00 OUTDOOR14 OUTDOOR14 95.1 95.1 95.1 Lw 95.1 5.00 a 6151586.30 2333541.34 5.00 OUTDOOR15 OUTDOOR15 95.1 95.1 95.1 Lw 95.1 5.00 a 6151616.85 2333486.48 5.00 OUTDOOR16 OUTDOOR16 95.1 95.1 95.1 Lw 95.1 5.00 a 6151677.97 2333434.40 5.00 OUTDOOR17 OUTDOOR17 95.1 95.1 95.1 Lw 95.1 5.00 a 6151733.52 2333398.29 5.00 OUTDOOR18 OUTDOOR18 95.1 95.1 95.1 Lw 95.1 5.00 a 6151846.72 2333330.93 5.00 OUTDOOR19 OUTDOOR19 95.1 95.1 95.1 Lw 95.1 5.00 a 6151883.52 2333307.32 5.00 OUTDOOR20 OUTDOOR20 95.1 95.1 95.1 Lw 95.1 5.00 a 6151922.41 2333283.01 5.00 OUTDOOR21 OUTDOOR21 95.1 95.1 95.1 Lw 95.1 5.00 a 6152002.97 2333301.76 5.00 OUTDOOR22 OUTDOOR22 95.1 95.1 95.1 Lw 95.1 5.00 a 6152047.41 2333315.65 5.00 OUTDOOR23 OUTDOOR23 95.1 95.1 95.1 Lw 95.1 5.00 a 6151821.02 2333749.68 5.00 OUTDOOR24 OUTDOOR24 95.1 95.1 95.1 Lw 95.1 5.00 a 6151822.41 2333769.82 5.00 OUTDOOR25 OUTDOOR25 95.1 95.1 95.1 Lw 95.1 5.00 a 6151846.72 2333780.23 5.00 SPEAKER1 SPEAK1 105.0 105.0 105.0 Lw 105 5.00 a 6151984.91 2333767.73 5.00 AC1 AC1 109.0 109.0 109.0 Lw 109 5.00 g 6151797.41 2333484.17 98.00 AC2 AC2 109.0 109.0 109.0 Lw 109 5.00 g 6151775.88 2333495.97 98.00 AC3 AC3 109.0 109.0 109.0 Lw 109 5.00 g 6151752.27 2333507.78 98.00 AC4 AC4 109.0 109.0 109.0 Lw 109 5.00 g 6151731.44 2333518.89 98.00 AC5 AC5 109.0 109.0 109.0 Lw 109 5.00 g 6151707.13 2333532.78 98.00 AC6 AC6 109.0 109.0 109.0 Lw 109 5.00 g 6151685.60 2333548.75 98.00 Line Source(s)
Name M. ID Result. PWL Result. PWL' Lw / Li Operating Time Moving Pt. Src Height Day Evening Night Day Evening Night Type Value norm. Day Special Night Number Speed (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) (min) (min) (min) Day Evening Night (mph) (ft) Name ID Height Coordinates
Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft)
Area Source(s)
Name M. ID Result. PWL Result. PWL'' Lw / Li Operating Time Height Day Evening Night Day Evening Night Type Value norm. Day Special Night (ft) (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) (min) (min) (min) OUT1 OUT1 94.5 94.5 94.5 66.0 66.0 66.0 Lw" 66 5 a
PARK1 PARK1 86.0 86.0 86.0 56.1 56.1 56.1 Lw 86 0 a
LOAD1 LOAD1 103.4 103.4 103.4 84.1 84.1 84.1 Lw 103.4 8 a Name ID Height Coordinates
Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft)
OUT1 OUT1 5.00 a 6151957.13 2333772.59 5.00 0.00
6151998.10 2333752.46 5.00 0.00
6152006.44 2333711.48 5.00 0.00
6151966.85 2333667.73 5.00 0.00
6151875.19 2333729.54 5.00 0.00
PARK1 PARK1 0.00 a 6151566.06 2333502.26 0.00 0.00
6151577.78 2333507.90 0.00 0.00
6151682.38 2333390.71 0.00 0.00
6151687.59 2333397.66 0.00 0.00
6151700.18 2333399.83 0.00 0.00
6151765.28 2333351.65 0.00 0.00
6151771.36 2333326.48 0.00 0.00
6151763.98 2333314.76 0.00 0.00
6151742.28 2333309.98 0.00 0.00
6151720.58 2333324.74 0.00 0.00
6151699.31 2333339.06 0.00 0.00
6151670.66 2333361.20 0.00 0.00
6151641.58 2333388.54 0.00 0.00
6151622.49 2333406.34 0.00 0.00
6151595.58 2333433.68 0.00 0.00
6151549.57 2333494.44 0.00 0.00
6151550.87 2333503.13 0.00 0.00
LOAD1 LOAD1 8.00 a 6152264.99 2333413.37 8.00 0.00
6152278.18 2333413.37 8.00 0.00
6152283.04 2333343.92 8.00 0.00
6152269.15 2333346.70 8.00 0.00
Barrier(s)
Urban Crossroads, Inc.
320
5879
Name Sel. M. ID Absorption Z-Ext. Cantilever Height Coordinates left right horz. vert. Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft)
6.00 g 6151597.02 2333647.19 99.00 0.00
6151563.52 2333592.83 99.00 0.00
6151823.95 2333436.38 99.00 0.00
6151854.92 2333490.74 99.00 0.00
6151596.98 2333647.14 99.00 0.00
Building(s)
Name Sel. M. ID RB Residents Absorption Height Coordinates Begin x y z Ground
(ft) (ft) (ft) (ft) (ft)
1stFlr 1stFlr1 x 0 20.00 a 6152233.03 2333777.32 20.00 0.00 6152257.24 2333412.55 20.00 0.00
6152191.22 2333407.96 20.00 0.00
6152187.54 2333495.38 20.00 0.00
6152096.57 2333550.93 20.00 0.00
6152004.90 2333543.64 20.00 0.00
6151942.06 2333439.48 20.00 0.00
6152012.19 2333397.11 20.00 0.00
6152028.86 2333422.46 20.00 0.00
6152082.68 2333389.48 20.00 0.00
6152034.76 2333308.23 20.00 0.00
6151983.37 2333339.82 20.00 0.00
6151949.69 2333283.23 20.00 0.00
6151658.03 2333458.92 20.00 0.00
6151667.40 2333474.89 20.00 0.00
6151636.50 2333494.34 20.00 0.00
6151641.36 2333503.02 20.00 0.00
6151606.29 2333523.50 20.00 0.00
6151614.62 2333536.00 20.00 0.00
6151575.39 2333560.66 20.00 0.00
6151585.81 2333577.67 20.00 0.00
6151562.54 2333592.25 20.00 0.00
6151596.57 2333648.16 20.00 0.00
6151619.83 2333635.31 20.00 0.00
6151670.53 2333716.21 20.00 0.00
6151732.33 2333743.64 20.00 0.00
6152004.56 2333578.71 20.00 0.00
6152165.67 2333589.13 20.00 0.00
6152151.43 2333784.96 20.00 0.00
6152192.40 2333787.74 20.00 0.00
6152193.10 2333774.20 20.00 0.00
BUILDING BUILDING00002 x 0 0.00 a 6152257.24 2333412.55 0.00 0.00 6152261.41 2333348.67 0.00 0.00
6152166.96 2333341.72 0.00 0.00
6152162.45 2333405.96 0.00 0.00
BUILDING BUILDING00003 x 0 73.00 g 6151562.54 2333592.25 93.00 0.00 6151596.57 2333648.16 93.00 0.00
6152012.19 2333397.11 93.00 0.00
6152028.86 2333422.46 93.00 0.00
6152082.68 2333389.48 93.00 0.00
6152034.76 2333308.23 93.00 0.00
BUILDING BUILDING00004 x 0 73.00 g 6152166.96 2333341.72 73.00 0.00 6152162.45 2333405.96 73.00 0.00
6152191.22 2333407.96 73.00 0.00
6152167.03 2333770.99 73.00 0.00
6152233.03 2333777.32 73.00 0.00
6152261.41 2333348.67 73.00 0.00
BUILDING BUILDING00005 x 0 14.00 g 6152244.81 2333599.80 14.00 0.00 6152251.37 2333501.06 14.00 0.00
6152221.76 2333498.94 14.00 0.00
6152214.16 2333598.77 14.00 0.00
BUILDING BUILDING00006 x 0 14.00 g 6152255.40 2333439.33 34.00 0.00 6152261.82 2333340.65 34.00 0.00
6151996.72 2333323.98 34.00 0.00
6151979.66 2333333.59 34.00 0.00
6152006.09 2333374.50 34.00 0.00
6152194.63 2333387.53 34.00 0.00
6152195.15 2333397.94 34.00 0.00
6152206.57 2333398.03 34.00 0.00
6152207.56 2333409.10 34.00 0.00
6152212.96 2333409.47 34.00 0.00
6152210.91 2333439.26 34.00 0.00
BUILDING BUILDING00007 x 0 14.00 g 6151846.19 2333471.90 107.00 0.00 6151886.30 2333447.42 107.00 0.00
6151879.53 2333436.48 107.00 0.00
6151943.59 2333396.90 107.00 0.00
Urban Crossroads, Inc.
321
5880
Name Sel. M. ID RB Residents Absorption Height Coordinates Begin x y z Ground
(ft) (ft) (ft) (ft) (ft)
6151928.52 2333372.13 107.00 0.00
6151824.34 2333434.79 107.00 0.00
Ground Absorption(s)
Name Sel. M. ID G Coordinates
x y
(ft) (ft)
Contour(s)
Name Sel. M. ID OnlyPts Height Coordinates
Begin End x y z
(ft) (ft) (ft) (ft) (ft)
Vertical Area Source(s)
Name ID Height Coordinates
Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft)
Rail
Name Sel. M. ID Lw' Train Class Correct. Vmax
Day Night Track
(dBA) (dBA) (dB) (km(mph)
Sound Level Spectra
Name ID Type Oktave Spectrum (dB) Source
Weight. 31.5 63 125 250 500 1000 2000 4000 8000 A lin
Roads
Name Sel. M. ID Lme Count Data exact Count Data Speed Limit SCS Surface Gradient Mult. Reflection Day Evening Night DTV Str.class. M p (%) Auto Truck Dist. Dstro Type Drefl Hbuild Dist. (dBA) (dBA) (dBA) Day Evening Night Day Evening Night (mph) (mph) (dB) (%) (dB) (ft) (ft) RoadsGeo
Name Height Coordinates Dist LSlope
Begin End x y z Ground (ft) (%)
(ft) (ft) (ft) (ft) (ft) (ft)
Urban Crossroads, Inc.
322
5881
Empire Groves Hotel Noise Impact Analysis
15693-02 Noise Study.docx
APPENDIX 11.1:
CADNAA CONSTRUCTION NOISE CALCULATIONS
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15693 - Empire Groves Hotel
CadnaA Noise Prediction Model: 15693-02_Construction.cna Date: 06.05.24
Analyst: B. Maddux
Calculation Configuration
Configuration
Parameter Value
General
Max. Error (dB) 0.00
Max. Search Radius (#(Unit,LEN)) 2000.01
Min. Dist Src to Rcvr 0.00
Partition
Raster Factor 0.50
Max. Length of Section (#(Unit,LEN)) 999.99
Min. Length of Section (#(Unit,LEN)) 1.01
Min. Length of Section (%) 0.00
Proj. Line Sources On
Proj. Area Sources On
Ref. Time
Daytime Penalty (dB) 0.00
Recr. Time Penalty (dB) 5.00
Night-time Penalty (dB) 10.00
DTM
Standard Height (m) 0.00
Model of Terrain Triangulation
Reflection
max. Order of Reflection 2
Search Radius Src 100.00
Search Radius Rcvr 100.00
Max. Distance Source - Rcvr 1000.00 1000.00
Min. Distance Rvcr - Reflector 1.00 1.00
Min. Distance Source - Reflector 0.10
Industrial (ISO 9613)
Lateral Diffraction some Obj
Obst. within Area Src do not shield On
Screening Incl. Ground Att. over Barrier
Dz with limit (20/25)
Barrier Coefficients C1,2,3 3.0 20.0 0.0
Temperature (#(Unit,TEMP)) 10
rel. Humidity (%) 70
Ground Absorption G 0.50
Wind Speed for Dir. (#(Unit,SPEED)) 3.0
Roads (TNM)
Railways (FTA/FRA)
Aircraft (???)
Strictly acc. to AzB
Receiver Noise Levels
Name M. ID Level Lr Limit. Value Land Use Height Coordinates Day Night CNEL Day Night CNEL Type Auto Noise Type X Y Z (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) (ft) (ft) (ft) (ft) R1 R1 60.0 -40.0 57.0 0.0 0.0 0.0 x Total 5.00 a 6151417.97 2333367.85 5.00 R2 R2 42.5 -57.4 39.5 0.0 0.0 0.0 x Total 5.00 a 6148699.36 2334028.62 5.00 R3 R3 59.3 -40.7 56.3 0.0 0.0 0.0 x Total 5.00 a 6151917.46 2334107.68 5.00 R4 R4 45.5 -54.4 42.5 0.0 0.0 0.0 x Total 5.00 a 6153006.91 2335790.62 5.00 R5 R5 40.4 -59.6 37.4 0.0 0.0 0.0 x Total 5.00 a 6155375.83 2335784.02 5.00 Point Source(s)
Name M. ID Result. PWL Lw / Li Operating Time Height Coordinates Day Evening Night Type Value norm. Day Special Night X Y Z (dBA) (dBA) (dBA) dB(A) (min) (min) (min) (ft) (ft) (ft) (ft) Line Source(s)
Name M. ID Result. PWL Result. PWL' Lw / Li Operating Time Moving Pt. Src Height Day Evening Night Day Evening Night Type Value norm. Day Special Night Number Speed (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) (min) (min) (min) Day Evening Night (mph) (ft) Name ID Height Coordinates
Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft)
Area Source(s)
Urban Crossroads, Inc.
325
5884
Name M. ID Result. PWL Result. PWL'' Lw / Li Operating Time Height Day Evening Night Day Evening Night Type Value norm. Day Special Night (ft) (dBA) (dBA) (dBA) (dBA) (dBA) (dBA) dB(A) (min) (min) (min) ConstructionArea1 ConstructionArea1 115.6 15.6 15.6 69.3 -30.7 -30.7 PWL-Pt 115.6 8 a Name ID Height Coordinates
Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft)
ConstructionArea1 ConstructionArea1 8.00 a 6151518.66 2333658.47 8.00 0.00 6151828.20 2333802.56 8.00 0.00
6151968.09 2333869.30 8.00 0.00
6152104.08 2333934.19 8.00 0.00
6152103.80 2333911.16 8.00 0.00
6152103.39 2333878.46 8.00 0.00
6152123.88 2333888.23 8.00 0.00
6152153.76 2333902.49 8.00 0.00
6152185.83 2333917.79 8.00 0.00
6152232.54 2333940.08 8.00 0.00
6152279.05 2333962.27 8.00 0.00
6152292.68 2333934.37 8.00 0.00
6152306.17 2333906.77 8.00 0.00
6152307.61 2333885.37 8.00 0.00
6152310.00 2333849.88 8.00 0.00
6152313.82 2333793.25 8.00 0.00
6152318.11 2333729.49 8.00 0.00
6152275.71 2333726.64 8.00 0.00
6152289.15 2333527.08 8.00 0.00
6152331.55 2333529.94 8.00 0.00
6152337.30 2333444.69 8.00 0.00
6152345.09 2333329.04 8.00 0.00
6152359.56 2333330.02 8.00 0.00
6152361.48 2333301.52 8.00 0.00
6152364.51 2333256.50 8.00 0.00
6152327.42 2333181.44 8.00 0.00
6152283.92 2333182.21 8.00 0.00
6152214.97 2333183.42 8.00 0.00
6152125.90 2333184.98 8.00 0.00
6152073.47 2333187.80 8.00 0.00
6152048.27 2333190.51 8.00 0.00
6151973.47 2333203.90 8.00 0.00
6151900.47 2333225.04 8.00 0.00
6151876.68 2333233.76 8.00 0.00
6151830.08 2333253.69 8.00 0.00
6151796.11 2333270.73 8.00 0.00
6151724.68 2333314.46 8.00 0.00
6151670.50 2333355.93 8.00 0.00
6151597.82 2333426.48 8.00 0.00
6151557.65 2333475.46 8.00 0.00
6151496.69 2333571.70 8.00 0.00
6151485.24 2333594.31 8.00 0.00
6151474.59 2333617.31 8.00 0.00
6151473.07 2333628.15 8.00 0.00
6151484.09 2333643.36 8.00 0.00
Barrier(s)
Name Sel. M. ID Absorption Z-Ext. Cantilever Height Coordinates left right horz. vert. Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft) (ft)
Building(s)
Name Sel. M. ID RB Residents Absorption Height Coordinates Begin x y z Ground
(ft) (ft) (ft) (ft) (ft)
Ground Absorption(s)
Name Sel. M. ID G Coordinates
x y
(ft) (ft)
Contour(s)
Name Sel. M. ID OnlyPts Height Coordinates
Begin End x y z
(ft) (ft) (ft) (ft) (ft)
Vertical Area Source(s)
Urban Crossroads, Inc.
326
5885
Name ID Height Coordinates
Begin End x y z Ground
(ft) (ft) (ft) (ft) (ft) (ft)
Rail
Name Sel. M. ID Lw' Train Class Correct. Vmax
Day Night Track
(dBA) (dBA) (dB) (km(mph)
Sound Level Spectra
Name ID Type Oktave Spectrum (dB) Source
Weight. 31.5 63 125 250 500 1000 2000 4000 8000 A lin
Roads
Name Sel. M. ID Lme Count Data exact Count Data Speed Limit SCS Surface Gradient Mult. Reflection Day Evening Night DTV Str.class. M p (%) Auto Truck Dist. Dstro Type Drefl Hbuild Dist. (dBA) (dBA) (dBA) Day Evening Night Day Evening Night (mph) (mph) (dB) (%) (dB) (ft) (ft) RoadsGeo
Name Height Coordinates Dist LSlope
Begin End x y z Ground (ft) (%)
(ft) (ft) (ft) (ft) (ft) (ft)
Urban Crossroads, Inc.
327
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Empire Groves Hotel Noise Impact Analysis
15693-02 Noise Study.docx
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Appendix J
VMT Analysis
5888
translutions, inc .
17632 Irvine Boulevard, Suite 200
Tustin, California 92780
(949) 656 3131
[email protected]
10/12/2023 (P:\DP - Ontario Hotel\VMT\VMT Memo.docx) 1
the transportation solutions company...
October 12, 2023
Mr. Jay Bautista, Traffic/Transportation Manager
City of Ontario
303 E. B Street
Ontario, California 91764
Subject: Empire Groves Hotel – VMT Analysis
Dear Mr. Bautista,
Translutions, Inc. (Translutions) is pleased to provide this letter discussing the Vehicle Miles Traveled (VMT) analysis for the proposed hotel and ancillary uses to be located south of Holt Boulevard and east of Guasti Road.
PROJECT DESCRIPTION
The proposed project includes a 600-room hotel and ancillary uses such as ball rooms, restaurants and a street facing retail component. Figure 1 shows the site plan for the proposed project.
VMT IMPACT THRESHOLDS
The City of Ontario has adopted guidelines to help ensure that land use development and transportation projects comply with the latest requirements of the California Environmental Quality Act (CEQA) regarding Vehicle Miles Traveled (VMT). The guidelines provide the City with standardized criteria and established thresholds of significance to be used for analyzing transportation impacts for CEQA. The guidelines were adopted on May 26, 2020 by the Planning Commission.
Based on the City Guidelines, a project would result in a significant project generated VMT impact if either of the following conditions are satisfied:
1. Project Generated VMT: A significant impact would occur if the project VMT/SP exceeds the Citywide average for Service Population under General Plan Buildout Conditions.
2. Project Effect on VMT: A significant impact would occur if the project causes total daily VMT within the City to be higher than the no project alternative under cumulative conditions.
MODELING METHODOLOGY
The analysis methodology for the project generated VMT and project effect of VMT were developed consistent with the City VMT guidelines. The analysis was conducted using the San Bernardino Transportation Analysis Model (SBTAM) with the City’s General Plan socio-economic data.
Socio-Economic Data. The project socio-economic date (SED) for retail uses were based on the ratio of the ITE trip generation based on gross leasable area for retail uses (or the number of rooms for hotel) and employees.
Other Edits. No network edits were made for the project beyond aggregating zones to represent the project.
Model Runs. Each model was run for 5 loops, and the convergence criteria was set at 0.01. Final assignment runs were completed.
MODEL OUTPUTS
The analysis methodology for the project generated VMT and project effect of VMT were developed consistent with the City VMT guidelines. The model outputs were checked for reasonableness by comparing the trip generation of the modified zones and adjacent zones. The results were found to be consistent. VMT data was extracted using the time-of-day Origin-Destination (OD) matrices multiplied by the time-of-day skims. Per standard modeling practice, the data reported is daily weekday VMT. Table A shows the model outputs and calculations for the project generated VMT, and Table B shows the outputs for project effect on VMT.
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Table A: Project Generated VMT (General Plan Buildout)
General Plan Buildout
Project City
Population 258,143
Employment 372 175,983
Retail Consumers 1,305
Service Population 1,677 434,126
OD VMT 53,871 14,129,050
OD VMT per service population 32.13 32.55
Table B - Project Effect on VMT (General Plan Buildout) Future Year (2045)
Without Project With Project
Roadway VMT 9,868,972 9,864,411
Service Population 434,126 435,803
VMT per service population 22.73 22.64
VMT EVALUATION
Future Year Project Generated VMT. As seen on Table A, the future year OD VMT forecast for the City is 32.55 VMT/SP whereas the project generated VMT is 32.13 VMT/SP which shows that the project will have a less than significant impact on VMT.
Future Year Project Effect on VMT. As seen on Table B, the forecast Citywide segment level VMT under no project conditions is 22.73 VMT/SP. The Citywide segment level VMT with the proposed project is forecast to be 22.64 VMT/SP. Therefore, the proposed project results in a lower VMT/SP and therefore, has a less than significant impact.
CONCLUSION
As seen above, the buildout project generated VMT of 32.13 is less than the City threshold of 32.55. The project effect on VMT is also lower than the threshold under buildout conditions, which means that the project will result in a reduction in overall VMT/SP for the City as well as VMT on the City roadways. Based on the adopted guidelines, the VMT impacts of the proposed project are anticipated to be less than significant.
We hope you will find this information helpful. Should you have any questions, please don’t hesitate to call me at (949) 656-3131 or by email at [email protected].
Sincerely,
translutions, Inc.
Sandipan Bhattacharjee, P.E., T.E., AICP, ENV SP
Principal
Attachments:
Figure 1 – Site Plan
Exp. 03-31-24
No. C81872
C I V I L
STATE OF CALIFORNIA
Exp. 03-31-24
No. 2847
TRAFFIC
STATE OF CALIFORNIA
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FIGURE 1
Empire Groves Hotel
Site Plan
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P:\DP - Ontario Hotel\scope\Z30 Site Plan Landscape (9/26/2023) 5891
August 2024
Water Supply Assessment and Written
Verification of Sufficient Water Supply
for the Empire Groves Hotel Specific Plan
City of Ontario
Prepared for:
City of Ontario
Ontario Municipal Utilities Company
Alexis Mascarinas, Associate Engineer
1425 S. Bon View Avenue
Ontario CA 91764
909.395.2694
Project Number:
OMUC 01.0
Prepared by:
PlaceWorks
Dina El Chammas Gass, P.E. Senior Engineer
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
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Table of Contents
1. Introduction .................................................................................................................................................... 1
1.1 INTRODUCTION .............................................................................................................................. 1
1.2 SITE LOCATION AND EXISTING CONDITIONS ............................................................... 2
1.3 PROJECT DESCRIPTION AND HISTORY ............................................................................... 2
1.3.1 Landscaping ............................................................................................................................ 3
1.3.2 Infrastructure Improvements ............................................................................................... 4
2. Water Supply Assessment .......................................................................................................................... 17
2.1 WATER PURVEYOR ....................................................................................................................... 17
2.2 LEGAL REQUIREMENTS ............................................................................................................ 18
2.3 WATER DEMAND ANALYSIS .................................................................................................... 19
2.3.1 City of Ontario Water Demands ....................................................................................... 19
2.3.2 Proposed Project Water Demand ...................................................................................... 20
2.3.3 Proposed Project with Respect to the 2020 UWMP ...................................................... 22
2.4 WATER SUPPLY ANALYSIS ......................................................................................................... 23
2.5 GROUNDWATER ANALYSIS ...................................................................................................... 26
2.5.1 Groundwater Information from the 2020 UWMP ........................................................ 27
2.5.2 Historic Use of Groundwater ............................................................................................ 31
2.5.3 Projected Use of Groundwater ......................................................................................... 34
2.5.4 Sufficiency of Groundwater from Chino Basin ............................................................. 34
2.5.5 Ability of Water Supplies to Accommodate the Proposed Project ............................. 35
2.6 WATER SHORTAGE CONTINGENCY PLANNING .......................................................... 35
2.7 WATER EFFICIENCY STRATEGIES ........................................................................................ 38
2.8 SUMMARY .......................................................................................................................................... 39 Attachment A Detailed Landscaping Water Demand Calculations ..................................................................... 41 Tables Page
Table 1 Proposed Buildout ................................................................................................................................ 2 Table 2 Current and Projected Water Demands for the City of Ontario (AFY) .................................... 19 Table 3 Indoor Water Demand for the Proposed Project ......................................................................... 20 Table 4 Outdoor Water Demand for the Proposed Project ...................................................................... 21 Table 5 Water Demand Estimate for the Project Site Based on Land Use in the 2020 UWMP .................................................................................................................................................. 22 Table 6 Water Supply Sources for the City of Ontario in 2023 ................................................................. 25 Table 7 Normal, Single Dry, and Multiple Dry Year Supply and Demand (AFY) ................................. 25 Table 8 City of Ontario Groundwater Rights Summary ............................................................................. 30 Table 9 Historic Groundwater Production ................................................................................................... 31 Table 10 Projected Groundwater Production ................................................................................................ 34 5894
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Figure
Figure 1 Regional Location ................................................................................................................................. 5 Figure 2 Aerial Photograph ................................................................................................................................. 7 Figure 3 Conceptual Plan .................................................................................................................................... 9 Figure 4 Recreation and Open Space Concept - Level 1 ............................................................................. 11 Figure 5 Recreation and Open Space Concept - Level 3 ............................................................................. 13 Figure 6 Recreation and Open Space Concept - Level 9 ............................................................................. 15 Figure 7 Chino Groundwater Basin Management Zones ............................................................................ 32 Figure 8 Ontario Ultimate Water System ....................................................................................................... 36 5895
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1. Introduction
1.1 INTRODUCTION
This document prepared for the City of Ontario is a Water Supply Assessment and Written Verification of Sufficient Water Supply (WSA/WV) intended to meet the requirements of Senate Bill (SB) 610 and SB 221.
The water demand for the Empire Groves Hotel Specific Plan (proposed project) is calculated and the adequacy of water supplies to meet the proposed land use changes is evaluated.
SB 610 established the primary legal standards for assessing the sufficiency of water supplies for new development projects. This statute requires as part of the environmental review conducted for a qualifying project pursuant to the California Environmental Quality Act (CEQA), that the public water supplier or land use agency in this case the City of Ontario prepare a Water Supply Assessment (WSA) of the reliability of water supplies for the project, considering normal, single dry, and multiple dry years over a 20-year horizon.
The basic requirement is that a WSA must include a discussion with regard to whether the public water systems total projected water supplies available during normal, single dry, and multiple dry water years during a 20-year projection will meet the projected water demand associated with the proposed project, in addition to the water systems existing and planned future uses, including agricultural and manufacturing uses. Since the proposed project includes the development of a hotel with more than 500 rooms, it meets the definition of a project as defined by Government Code Section 10912(a)(1) and requires the preparation of a WSA.
SB 221 mandates affirmative written verification from the water purveyor of the public water system that sufficient water supplies are available for certain residential subdivisions of property prior to approval of a tentative map. Since the proposed project requires the approval of a development agreement and includes the addition of more than 500 hotel rooms, it meets the definition of a subdivision in Government Code Section 66473.7(a)(1) and therefore triggers the need for a Written Verification of Sufficient Water Supply (WV) pursuant to SB 221.
References used in preparing this document include the following:
Diversified Pacific, December 2023. Empire Groves Hotel Specific Plan. City of Ontario, June 2021. 2020 Urban Water Management Plan (UWMP). Prepared by Stetson Engineering.
AKM Consulting Engineers, June 2020. Draft City of Ontario Water Master Plan Update. Chino Basin Desalter Authority, June 2021. 2020 Urban Water Management Plan. Prepared by Stetson Engineering.
Inland Empire Utilities Agency, June 2021. 2020 Urban Water Management Plan. Prepared by Kennedy Jenks.
San Antonio Water Company, September 2021. 2020 Urban Water Management Plan. Prepared by WSC.
Metropolitan Water District of Southern California, June 2021. 2020 Urban Water Management Plan. 5896
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1. Introduction
City of Ontario, May 2022. The Ontario Plan (TOP) 2050 Supplemental Environmental Impact Report. Prepared by PlaceWorks.
1.2 SITE LOCATION AND EXISTING CONDITIONS
The Empire Groves Hotel Specific Plan (proposed project) site is situated in the southeastern quadrant of the intersection of East Holt Boulevard and East Guasti Road in the City of Ontario. The project area is a triangular plot of land spanning 10.43 acres. The site is bounded to the north by Holt Boulevard and to the south and southwest by Guasti Road. The eastern boundary is defined by the existing flood channel and a trail called Cucamonga Creek Trail. Regional location is provided in Figure 1, Regional Location Map. The project site is currently vacant land with no temporary or permanent structures (see Figure 2, Aerial Photograph).
1.3 PROJECT DESCRIPTION AND HISTORY
The Empire Groves Hotel project comprises two primary zones: hotel and local-serving retail. The hotel component within the Specific Plan area comprises a 600-room, full-service hotel equipped with various guest amenities. These amenities include banquet halls, conference rooms, restaurants, a café, a day spa, pool facilities, and a rooftop terrace. The first floor of the hotel consists of the lobby, lounge, upscale restaurant and bar, spa, retail area, small meeting rooms, and a spacious banquet/conference center. The first-floor mezzanine level has a game room, fitness area, meeting rooms, and a board room in addition to mechanical and electrical equipment.
The second-floor houses offices and a fitness center. The remaining floors are dedicated to spacious guest suites with a range of amenities. The hotels rooftop is designed with a pool and lounge terrace that offers views and features a full-service restaurant and bar. The hotels entrance includes a porte-cochere with decorative pavers and landscaping. This motor court is accessible from Guasti Road and offers check-in and valet services for guests. The local serving retails Small may include coffee shops, food and beverage outlets, retail, print shops, laundry or tailoring services that will serve the needs of the local community. The proposed buildout is shown in Table 1, Proposed Buildout, and Figure 3, Conceptual Plan. Table 1 Proposed Buildout Land Use Total Square Feet Notes
Hotel Rooms 366,808 600 rooms and secondary uses
Restaurants/Café/Bar/Lounge 30,839 3 meals and signature restaurants, rooftop bar and restaurant, and lobby bar and lounge
Day Spa 11, 357
Gym 7,906 Including Lux Fitness 5,415 SF and Business Hotel Fitness 2,491 SF Banquet/Meeting Rooms 45,882 25,528 SF Ballrooms, 20,354 SF Meeting Rooms Admin/Office 4,262
Lobby/Public
Circulation/Prefunction/Public
Bathrooms
98,598
Local Serving Retail 11,946
Covered Outdoor Area 20,813
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Table 1 Proposed Buildout
Utility Areas and Parking 452,491
TOTAL 1,050,902
Source: Diversified Pacific, December 2023, Empire Groves Hotel Specific Plan.
SF = Square Feet
1.3.1 Landscaping
1.3.1.1 LEVEL 1 STREET LEVEL
The Level 1 conceptual landscape plan includes an entrance area; edge treatment; a courtyard, pool, and spa areas; and pedestrian paths as shown in Figure 4, Recreation and Open Space Concept - Level 1. The landscape concept for the entrance employs an array of elements, such as multiple palm varieties and landscaped features with varying heights and geometrical profiles to create a visually appealing entrance. The entranceway has a canal water feature that bisects the entrance roadway and leads to a spacious entrance plaza area. The entrance plaza area includes an arrival fountain and sculpture.
Street edge treatments within the Specific Plan area provide a transition between the surrounding uses and the proposed project specifically along Holt Boulevard and Guasti Road. The street edge treatments encompass an array of street trees and decorative flowering trees. The proposed meandering sidewalks will connect off-street parking areas along Guasti Road to a plaza area within the retail development at the intersection of Holt Boulevard and Guasti Road. This plaza features decorative pavers, accent plantings and raised planters, palm trees, and outdoor shaded seating areas.
The hotel courtyard, pool, and spa areas are in the northeastern section of the proposed project, encircled by Holt Boulevard to the north, the hotel itself to the south and west, and the Cucamonga Creek to the east. This outdoor can be accessed via the hotel lobby and comprises of three distinct pool areas, a water garden, large and small event spaces, a wellness garden, and a food and beverage pavilion. One of the three pool areas will include a splash pad and a jacuzzi. These amenities will also include passive covered seating areas and comfortable outdoor furnishings, interspersed with water features and landscaping. Landscaping within this outdoor space will be characterized by low hedges and accent plantings, deciduous canopy trees, and shade trees.
A series of interconnecting sidewalks and paths will be provided throughout the Specific Plan area to connect to the hotel amenities and public gathering spaces. Low hedge and accent plantings will be used to enhance the pedestrian paths, while deciduous canopy trees will be used to provide shade and visual comfort.
A buffer will be created between Cucamonga Creek and the eastern edge of the project site to ensure privacy from the trail users. To accomplish this, a dense, 6- to 7-foot-high hedge is proposed. 5898
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1.3.1.2 LEVEL 3 BUILDING THIRD FLOOR
The Level 3 conceptual landscape plan is shown in Figure 5, Recreation and Open Space Concept - Level 3. The plan uses a meadow concept of landscaping. Meadow-type landscaping refers to the design of outdoor spaces to mimic the characteristics of a natural meadow. A meadow is typically an open field or grassland area, often found in natural settings, which is characterized by a diverse growth of wildflowers, grasses, and other native vegetation.
1.3.1.3 LEVEL 9 ROOFTOP
The Level 9 conceptual landscape plan is shown in Figure 6, Recreation and Open Space Concept - Level 9. The plan is divided into two distinct areas: Sky Island on the west and High Gardens on the east. These areas will be linked by a corridor.
The Sky Island will include a central water feature, a stone landscaping area, seating areas, and an expansive outdoor wooden deck. The High Gardens will include a VIP pool, various seating options and outdoor living rooms.
The total landscaping proposed is 133,374 square feet.1 All proposed landscaping will utilize, to the greatest
extent possible, sustainable landscaping practices and technology and water conservation methods. All plants will be water-conserving, drought-tolerant plants. Permanent and automatic irrigation or drip irrigation systems will be used for all landscaped areas. All landscape irrigation would be with recycled water. The canal, arrival fountain, and water features will be recirculated systems that use recycled water.
1.3.2 Infrastructure Improvements
An existing 6-inch water link is located under Holt Boulevard to the north and an existing 12-inch water line is located under Rio Hondo Avenue to the west. The proposed project will connect to the existing water line under Holt Boulevard through a new domestic water line that will run along the eastern, southern, and the southern half of the western boundary of the project site.
There are recycled water mains in the vicinity of the project site, with a point of connection located at the intersection of Guasti Road and Holt Boulevard. Recycled water infrastructure improvements will include installing an 8-inch recycled water main in Guasti Road that connects to the 8-inch recycled water main in Convention Center Way, north of Holt Boulevard.
1 Emails from Alexis Mascarinas, Associate Engineer, dated May 13, 2024 and June 5, 2024. 5899
ONTARIO
UPLAND
RANCHO
CUCAMONGA
MONTCLAIR
CHINO
FONTANA
CHINO HILLS
NORCO
RIVERSIDE
CORONA
EASTVALE
JURUPA VALLEY
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Figure 1 - Regional Location
Source: Generated using ArcMap 2023.
0 Scale (Miles)
3 60 CALIFORNIA
15 15 91 CALIFORNIA
91 CALIFORNIA
91 CALIFORNIA
241 CALIFORNIA
10 210
71 CALIFORNIA
County of Los Angeles County of Orange County of San Bernardino County of Riverside
County of San Bernardino
County of San Bernardino
Lake Matthews Note: Unincorporated county areas are shown in white.
Project Boundary
YORBA LINDA
ANAHEIM
ORANGE
SAN
DIMAS
CLAREMONT LA VERNE
POMONA
LA VERNE
DIAMOND
BAR
County of Riverside
Project Site
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Figure 2 - Aerial Photograph
Source: Nearmap 2024.
0 Scale (Feet)
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Source: Diversified Pacific 2023.
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Figure 4 - Recreation and Open Space Concept - Level 1
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E HOLT BLVD
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PlaceWorks Source: Diversified Pacific 2023. WAT E R S U P P LY A S S E S S M E N T A N D W R I T T E N V E R I F I CAT I O N O F S U F F I C I E N T WAT E R S U P P LY F O R T H E E M P I R E G R O V E S H O T E L S P E C I F I C P L A N C I T Y O F O N TA R I O Figure 6 - Recreation and Open Space Concept - Level 9 0 Scale (Feet) 100 5910
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2. Water Supply Assessment
2.1 WATER PURVEYOR
The Ontario Municipal Utilities Company (OMUC) provides water service to residents, businesses, and other users in the City of Ontario, including areas surrounding the project site. As of 2020, OMUC provided water to a population of approximately 181,107 people. The primary source of water is groundwater from the Chino Groundwater Basin (Chino Basin). Other water supplies include treated groundwater from the Chino Basin Desalter Authority (CDA), recycled water from Inland Empire Utilities Agency (IEUA), imported water from the Water Facilities Authority (WFA), and purchased water from the San Antonio Water Company (SAWCo).
According to the Citys 2020 Water Master Plan Update2
(WMP), the Citys water system consists of the
following:
Five primary pressure zones (925, 1010, 1074, 1212, and 1348) Over 620 miles of water transmission and distribution pipelines ranging in size from 2 inches to 42 inches in diameter
7,277 fire hydrants
35,906 water meters
17 active wells
Twelve reservoirs with a total volume of 75 million gallons Six active booster pump stations
Fifteen pressure reducing stations
Two connections to Water Facilities Authority
Two connections to Chino Desalter Authority
Five inter-agency connections
Two ion exchange treatment facilities
Four altitude valves
In 2023, potable water demands were 28,990 acre-feet per year (AFY) and recycled water demand was 9,088 AFY.3
The total demands in the year 2045 are projected to be 73,668 AFY. Potable water demands are projected to be 57,609 AFY and recycled water demands are projected to be 16,059 AFY (including agricultural demands). 2 AKM Consulting Engineers, June 2020. Draft City of Ontario Water Master Plan Update. 3 Ontario Municipal Utilities Company. 2024. 2023 Water Production Summary. 5912
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The passage of SB X7-7 (also known as the Water Conservation Act of 2009) resulted in increased efforts to reduce potable water usage by requiring all California urban water suppliers to achieve a 20 percent reduction in demands (from a historical baseline) by 2020. Using a 15-year base period of 1995 to 2004, the Citys baseline water usage averaged 245 gallons per capita per day (GPCD). The Citys per-capita water use during Fiscal Year 2019-20 was 161 GPCD, which is below the 2020 target of 196 GPCD.4 It is required that every urban water supplier assess the reliability to provide water service to its customers under normal, single dry, and multiple dry years. As discussed in the Citys 2020 Urban Water Management Plan (UWMP), the City is capable of meeting the water demands of its customers in normal, single dry, and multiple dry years between 2020 and 2045.5
2.2 LEGAL REQUIREMENTS
SB 610 established the primary legal standards for assessing the sufficiency of water supplies for new development projects that qualify as a project pursuant to CEQA. Affected land developments are those that meet certain size thresholds. The proposed project meets the threshold for a proposed hotel of more than 500 rooms. Therefore, the proposed project, as described in Section 1.3, meets the criteria for preparation of a WSA.
SB 221 requires that a sufficient water supply shall be available prior to the approval of a tentative map that includes a subdivision. A subdivision is defined as a proposed residential development of more than 500 dwelling units, except for a public water system that has fewer than 5,000 service connections, in which case a subdivision means any proposed residential development that would account for an increase of 10 percent or more in the number of the public water systems existing service connections. OMUC has more than 5,000 service connections and the proposed project includes more than 500 hoel rooms. Therefore, as described in Section 1.3, the proposed project requires a WV.
The basic requirement is that a WSA/WV must include a discussion with regard to whether the public water systems total projected water supplies available during normal, single dry, and multiple dry water years during a 20-year projection will meet the projected water demand associated with the proposed project, in addition to the water systems existing and planned future uses, including agricultural and manufacturing uses. If the water demand for a proposed project is accounted for in an adopted UWMP, the WSA/WV preparer may incorporate that information into the WSA/WV.
The WSA/WV also requires additional analysis if any portion of the water purveyor's water supplies include groundwater. A description of any groundwater basin or basins from which the proposed project will be supplied in addition to a detailed description and analysis of the amount and location of groundwater pumped by the public water system for the past five years should be provided. The WSA/WV should also include an analysis of the sufficiency of the groundwater from the basin or basins from which the proposed project will be supplied to meet the projected water demand associated with the proposed project. For a basin for which a 4 City of Ontario, 2021. 2020 Urban Water Management Plan. 5 City of Ontario, 2021. 2020 Urban Water Management Plan. 5913
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court or the State Water Resources Control Board has adjudicated the rights to pump groundwater, the order or decree adopted by the court, or the State Water Resources Control Board should be included.
Upon adoption, the WSA/WV is incorporated into the CEQA document being prepared for the project, and the lead agency must determine, based on the entire record, whether projected water supplies will be sufficient to satisfy demands for the project, in addition to existing and future uses.
2.3 WATER DEMAND ANALYSIS
This section provides the current and projected future water demands for the City of Ontario, the estimated water demand for the proposed project, and assesses if the proposed project was included in the projection of future water demands for the City of Ontario, as described in the 2020 UWMP. As per Section 10910 (c) (2) of the California Water Code:
if the projected water demand associated with the proposed project was accounted for in the most recently adopted urban water management plan, the public water system may incorporate the requested information from the urban water management plan in preparing the elements of the assessment required to comply with subdivisions (d), (e), (f), and (g). 2.3.1 City of Ontario Water Demands The primary source of water for the proposed project would be existing water supplies used by the City to provide service to its customers. This section analyzes the water demands of existing and planned future City customers.
Current and projected potable and recycled water demands by customer class are presented in Table 2. The Citys total 2020 demand was 39,921 AFY. Potable water demands were 32,109 AFY and recycled water demands were 7,812 AFY (including agricultural demands). The projected 2045 total demand is 73,668 AFY, with potable water demands projected to be 57,609 AFY and recycled water demands projected to be 16,059 AFY (including agricultural demands).
Table 2 Current and Projected Water Demands for the City of Ontario (AFY) Use Type 2020 2025 2030 2035 2040 2045
Potable Water Demand
Single Family 12,502 15,723 17,540 19,109 22,431 22,431 Multi-Family 5,068 6,374 7,110 7,746 9,093 9,093
Commercial 5,359 6,740 7,519 8,191 9,615 9,615
Industrial 2,078 2,613 2,915 3,176 3,728 3,728
Institutional/Governmental 538 677 755 822 965 965
Landscape 4,631 5,824 6,497 7,078 8,309 8,309
Losses 1,565 1,968 2,196 2,392 2,808 2,808
Other 368 463 516 562 660 660
Sub Total 32,109 40,382 45,058 49,076 57,609 57,609
Recycled Water Demand
Recycled Water Demand 7,812 12,168 13,465 14,762 16,059 16,059 5914
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Table 2 Current and Projected Water Demands for the City of Ontario (AFY) Use Type 2020 2025 2030 2035 2040 2045
Total 39,921 52,550 58,513 63,838 73,668 73,668
AFY = Acre-feet/year
Source: City of Ontario 2020 UWMP, 2021.
2.3.2 Proposed Project Water Demand
A description of the proposed project and buildout projections are provided in Table 1 above. The project site is vacant and there are no current uses on the site. Therefore, the proposed development would require connections to the Citys water mains for potable and recycled water use.
Table 3 provides the total indoor water demand estimate for the proposed development. Indoor water demand was determined using potable water demand factors from the Citys 2020 WMP. Since the 2020 WMP does not include a rate for restaurants and banquet halls, demand rates from the Jamul Casino Hotel and Event Center Project Assessment of Wastewater and Water Related Environmental Off-Site Impacts Report were used.6 Occupancy rates, number of seats, days of operation, and the number of events per year were provided by the applicant.7 Table 3 Indoor Water Demand for the Proposed Project Land Use Units
Occupancy
Rate (%)
Water Demand
Rate
Water Demand
(gpd)
Number of
Operational Days or
Events per Year4 Total Domestic
Water Usage
(afy)
Hotel Rooms 600 rooms 70 130 gpd/room1 54,600 365 61.15 Restaurants/Café/
Bar/Lounge 610 seats 40 30 gpd/seat2
7,320 350 7.86
Day Spa 11,357 sf - 1,000 gpd/ac1 261 350 0.28
Gym 7,906 sf - 11 gal/yr/sf3 238 350 0.26
Banquet/Meeting
Rooms 100 seats - 30 gpd/seat2
3,000 900 8.29
Admin/Office 4,262 sf - 2,500 gpd/ac1 245 350 0.26
Local Serving
Retail 11,946 sf - 1,800 gpd/ac1
494 350 0.53
Total 78.63
ac = acre; sf = square foot; gpd = gallons per day; yr=year. 1 Source: AKM Consulting Engineers, June 2020. Draft City of Ontario Water Master Plan Update. Rates with recycled water from Table 4-8 were used. Hospitality rate used for hotel rooms. Office Commercial rate used for offices. Neighborhood Commercial rate used for retail. Open Space Recreational used for Day Spa. 2 Source: EEC Environmental. September 26, 2022. Rates from Table 7 of the Jamul Casino Hotel and Event Center Project Assessment of Wastewater and Water Related Environmental Off-Site Impacts Report. Dining One rate used for restaurants/cafe/bar/lounge. Banquet Dining used for Banquet Hall/Conference Rooms. 3 Rate for Fitness Center provided by OMUC in an Email from Alexis Mascarinas dated June 5, 2024. 6 EEC Environmental. September 26, 2022. Jamul Casino Hotel and Event Center Project Assessment of Wastewater and Water Related Environmental Off-Site Impacts Report. 7 Emails from Alexis Mascarinas, Associate Engineer, dated May 13, 2024 and June 5, 2024. 5915
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The proposed project also includes landscaping, pools, jacuzzies, a childrens splash area, fountains, canals, and other water features. The potable and recycled water demands for these features are included in Table 4. The average water evaporation rate off the surface of the pools and jacuzzies was assumed to be about a quarter of an inch of water per day.8
It is also assumed that the splash pad would be a recirculated spray park. A recirculating spray park only uses water to initially fill the holding tank and then water to make up for losses due to evaporation and bather carry off. It is assumed that the recirculated system would have a 1,500-gallon underground tank and that 25 percent is lost to evaporation and bather carry off.9,10 For the fountains, canals, and other outdoor water features, a factor of 50% is added to the evaporation rate for pools when compared to the rate of a swimming pool to account for the spray.
The outdoor landscaping water demand is calculated using the Department of Water Resources Water Budget Workbook for New and Rehabilitate Non-Residential Landscapes.11 The Maximum Applied Water Allowance (MAWA) shown in Table 4 was calculated using a reference evapotranspiration (Eto) of 49.20 inches and a total annual precipitation of 10.68 inches/year12 (see Attachment A). Since all irrigation would be with recycled water, the landscaped areas were entered into the workbook as Special Landscape Areas (SLA).
Table 4 Outdoor Water Demand for the Proposed Project
Land Use Square Footage Water Losses Water Demand Rate (gpd) Potable Water Demand
Pools and Jacuzzies 8,789 0.021 ft/day 1,3811 Splash Pad 353 25% 3752 Total 1,756 Recycled Water Demand
Fountains/Canals/Other Water Features 5,844 0.032 ft/day 1,3773 Landscaping 133,374 - 10,542
Total 11,919
ft = feet; gpd=gallons per day. 1 Evaporation off the surface of the pools and jacuzzies is calculated by multiplying 0.021 ft/day (half an inch a day) by the surface area (8,789 square feet) for a total of 184.6 cubic feet per day of water lost to evaporation. 184.6 cubic feet per day is 1,381 gpd. 2 It is assumed that the splash play area includes a recirculated spray park that is only drained when contamination occurs since the water quality in the tank must be tested daily in compliance with health codes. A recirculating spray park only uses water to initially fill the holding tank and then water to make up for losses due to evaporation and bather carry off. It is assumed that the recirculated system would have a 1,500-gallon underground tank and that 25 percent is lost to evaporation and bather carry off. Therefore, the daily water loss is 1,500 x 0.25 = 375 gpd. 3 Evaporation off the surface of the fountains, canals, and other outdoor water features is calculated by multiplying 0.032 ft/day (150% of the pool evaporation rate) by the surface area (5,844 square feet) for a total of 187 cubic feet per day of water lost to evaporation. 187 cubic feet per day is 1,377 gpd.
As shown in Table 3, the total indoor water demand is estimated to be 78.63 AFY. As shown in Table 4, the total outdoor potable water demand is estimated to be 7,037 gpd or 1.97 AFY. Therefore, the total potable water demand for the project would be 80.60 AFY. The total recycled water use is 11,919 gpd or 13.35 AFY. 8 American Leak Detection. 2022. How Much Water Evaporates from a Pool Each Day? 9 CIRSA. 2004. Water Spray Park Safety Guidelines. 10 Playquest. 2023. Spray Park Frequently Asked Questions. 11 California Department of Water Resources, June 13, 2017. Water Budget Workbook for New and Rehabilitate Non-Residential Landscapes. 5916
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2.3.3 Proposed Project with Respect to the 2020 UWMP
To evaluate water supply reliability, California statutes require the consideration of water supplies and demands in three types of water conditions: normal, single dry, and multiple dry water years.13 The 2020 UWMP indicates that the City can meet the water demands of its customers in normal, single dry, and multiple dry years between 2020 and 2045.
The 2020 UWMP projected water demands are based on future land uses as specified in the Citys 2010 General Plan. The 2010 General Plan designates the project site as mixed-use within the Multi-Modal area.14 The mixed-use land use category accommodates a horizontal and/or vertical mixture of retail, service, office, restaurant, entertainment, cultural, and residential uses.15 The 2010 General Plan includes buildout statistics for APN# 011032233 as shown in Table 5. Based on the land use for the project site included in the 2020 UWMP, the water demand for the project site that was included in the UWMP is shown in Table 5.
Table 5 Water Demand Estimate for the Project Site Based on Land Use in the 2020 UWMP Land Use Unit Water Demand Rate Total Domestic Water Usage (gpd)
Potable Water
Multi-Family Residential 63 du 60 gpd/person1 12,814
Office 205,317 sf 2,500 gpd/ac111,784
Commercial 205,317 sf 1,800 gpd/ac18,484
Total - - 33,082
Recycled Water
Multi-Family Residential 0.79 ac21,500 gpd/ac31,185
Office 205,317 sf 1,500 gpd/ac37,070
Commercial 205,317 sf 1,100 gpd/ac35,185
Total - - 13,440
Source: City of Ontario 2020 UWMP, 2021; PlaceWorks, 2024; United States Census, 2023. sf = square feet; du = dwelling unit; ac = acre; gpd = gallons per day 1 Table 4-8 of the City of Ontarios 2020 Water Master Plan (Appendix E of the UWMP) was used to establish the water demand rate. The Mixed Use High Density Residential (w/ RW) rate, Non-Office (w/ RW) rate, and Office (w/RW) rate were chosen to account for potable water demand. It is assumed that the multi-family units will accommodate 3.39 people/du. 2 The 2010 General Plan allows a minimum of 20 du/acre and a maximum of 80 du/acre for residential units within the Mixed-Use designation. As a conservative approach, the maximum density of 80 du/acre is assumed for this analysis. 3 Table 5-3 of the City of Ontarios Recycled Water Master Plan Update (Appendix K of the UWMP) was used to establish the water demand rate. The Mixed Use" rate was chosen to account for recycled water demand for multi-family residential and office uses. The General Commercial rate was used for commercial uses.
As shown in Table 5, the total potable water demand within the site area that was accounted for in the 2020 UWMP is estimated to be 33,082 gpd (37.05 AFY). The proposed projects total potable water demand of 13 Department of Water Resources, 2005. California Water Plan, Bulletin 160-05, Volume III (Each district has different assumptions and policies that guide their planning). 14 Email from Alexis Mascarinas, Associate Engineer, dated June 10, 2024. 15 PlaceWorks. 2009. The Ontario Plan Draft EIR. 5917
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80.60 AFY results in a net increase of 43.55 AFY when compared to the water demand accounted for the site in the 2020 UWMP.
The total recycled water demand that was accounted for in the 2020 UWMP is estimated to be 13,440 gpd (15.06 AFY) resulting in a net decrease of 1.71 AFY.
2.4 WATER SUPPLY ANALYSIS
This section identifies the sources of water used by the City of Ontario and evaluates the water supplies that would be used by the City and the proposed project during normal, single-dry, and multiple-dry years through the year 2045. Water sources used by the City include groundwater from the Chino Basin, treated groundwater from CDA, recycled water from IEUA, imported water from WFA, and purchased water from SAWCo.
The City of Ontario extracts groundwater from 17 active wells within the Chino Basin. Groundwater from the Chino Basin is used by the City of Ontario either directly by pumping into its distribution system or by treating the groundwater at one of its two treatment plants and then pumping the treated groundwater into the City of Ontarios distribution system. The ultimate capacity of Ontarios existing and future wells is projected to be
98.5 million gallons per day (mgd) or 110,337 AFY. Additional information on the Citys groundwater resources and groundwater rights is provided in Section 2.5.
In addition to its well production, the City of Ontario also purchases treated Chino Basin groundwater from the CDA. The CDA was formed in 2002 as a Joint Powers Authority consisting of IEUA; Jurupa Community Services District; Cities of Chino, Chino Hills, Norco and Ontario, and Santa Ana River Water Company.
Western Municipal Water District joined in 2010.
CDA can produce up to 40,000 AF from the Chino Basin every year for the purpose of groundwater cleanup and control of contaminant migration. The member agencies have contract entitlements to receive a total of 35,200 AFY of treated water from CDA. The Citys current contract entitlement is 8,533 AFY; however, this may increase in years where the amount of water produced is greater than the projected amount of 40,000 AF.
The CDA currently owns and operates two desalters (Chino I and Chino II Desalters) that consist of groundwater extraction wells connected to pumps and pipelines that direct water to advanced treatment facilities. The final product is a high-quality drinking water, which is sold to member agencies through take or pay contracts.16
Recycled water is provided to the City of Ontario by IEUA, which owns and operates four regional water recycling plants that produce disinfected and filtered tertiary treated recycled water in compliance with California Title 22 regulations. IEUA provides recycled water to the City of Ontario and their local agencies through a distribution system consisting of pipelines, booster pump stations, pressure regulating station, and reservoirs.17
16 City of Ontario, 2021. 2020 Urban Water Management Plan. 17 Inland Empire Utilities Agency. 2021. 2020 Urban Water Management Plan. 5918
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The City has been obtaining recycled water from IEUA since 1972. Currently, recycled water is used in the City for agricultural irrigation, landscape irrigation, golf course irrigation, and industrial uses. As stated in the Citys 2020 UWMP, the City has the right of first purchase of their Base Entitlement. Base Entitlement is defined as the total quantity of sewage delivered into the regional sewerage system by the City less normal processing losses resulting from the treatment of sewage. Based on the Citys current Recycled Water Master Plan and the 2020 UWMP, the City has enough recycled water rights to meet future recycled water demands. In 2023, the City used 9,088 AFY of recycled water.18 IEUA estimated that the Base Entitlement for the City during FY 2022-23 was approximately 13,853 AFY. In the same fiscal year, the City used 8,790 AF of recycled water for direct use and 3,517 AFY of recycled water for groundwater recharge.19 The City also obtains treated imported water from the WFA, which is a wholesale water supplier to the cities of Chino, Chino Hills, Ontario, Upland, and the Monte Vista Water District. The WFA purchases imported water from IEUA, which in turn purchases untreated water from the Metropolitan Water District (MWD).20 The MWD obtains its water from the State Water Project (SWP) and has projected 100 percent water supply reliability over the next 20 years, as per its 2020 UWMP.21 WFA owns and operates the Agua de Lejos Treatment Plant located in the City of Upland. The Agua de Lejos Treatment Plant is a conventional surface water treatment facility that treats and disinfects imported water supplies from the SWP delivered by MWD through IEUA. The Agua de Lejos Treatment Plant began operating in 1988 and has a treatment capacity of 81 mgd.22 The City owns 31.4 percent of the plant capacity (25.4 mgd, 28,500 AFY). The maximum capacity available to the City is 19,924 AFY, which equals the total capacity of 28,000 AFY less the Dry Year Yield shift obligation of 8,076 AFY.23 The City also purchases water from SAWCo which delivers potable and irrigation water to a variety of shareholders. These shareholders include most residents of San Antonio Heights (an unincorporated area of San Bernardino County), the Cities of Upland and Ontario, Monte Vista Water District, the United States Forest Service, the San Bernardino County Flood Control District, local golf courses, rock quarries, and grove irrigators. In 2020, SAWCos total active share entitlement was 12,570 AF. The City has an entitlement of 600 AF. SAWCos water supply sources include surface water obtained from the San Antonio Canyon, water from the San Antonio Tunnel, and groundwater sources from the Chino Basin, Six Basins, and Cucamonga Basin.24 Water supplies provided to the City for the year 2023 are summarized in Table 6. 18 Ontario Municipal Utilities Company. 2024. 2023 Water Production Summary. 19 Inland Empire Utilities Agency. 2023. FY 2022-23 Exhibit for Recycled Water Reconciliation. 20 City of Ontario, 2021. 2020 Urban Water Management Plan. 21 Metropolitan Water District of Southern California. 2021. 2020 Urban Water Management Plan. 22 City of Ontario. 2021. 2020 Urban Water Management Plan. 23 City of Ontario. 2016. 2015 Urban Water Management Plan. 24 City of Ontario. 2016. 2015 Urban Water Management Plan. 5919
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Table 6 Water Supply Sources for the City of Ontario in 2023 Water Supplier Water Source Amount (AFY)
City of Ontario Groundwater 15,077
Chino Basin Desalter Authority (CDA) Purchased/Imported Water 8,664 Water Facilities Authority (WFA) Purchased/Imported Water 4,753 San Antonio Water Company (SAWCo) Purchased/Imported Water 496 Inland Empire Utilities Authority (IEUA) Recycled Water 9,088 Total 38,078
Source: City of Ontario 2023 Water Production Summary, 2024.
AFY = Acre-feet per year
It is required that every urban water supplier assess the reliability to provide water service to its customers under normal, dry, and multiple dry water years. This evaluation from the 2020 UWMP is provided in Table 7. The City depends on a combination of imported and local supplies to meet its water demands and has taken numerous steps to ensure that it has adequate supplies. The Citys projected water supplies are based on historical long-term averages and supplies during previous dry year conditions obtained from CDA, SAWCo, WFA and groundwater supplies from the Chino Basin. In the event that water from CDA, SAWCo, and WFA may be limited, the City has the flexibility to increase groundwater production from the Chino Basin.
Consequently, water supplies available to the City are projected to meet demands for the next 25 years during normal years, single-dry years, and multiple-dry years, as shown in Table 7.25 Table 7 Normal, Single Dry, and Multiple Dry Year Supply and Demand (AFY) 2025 2030 2035 2040 2045
Normal Year
Supply Totals 52,550 58,513 63,838 73,668 73,668
Demand Totals 52,550 58,513 63,838 73,668 73,668
Difference 0 0 0 0 0
Single Dry Year
Supply Totals 57,058 63,534 68,847 79,989 79,989
Demand Totals 57,058 63,534 68,847 79,989 79,989
Difference 0 0 0 0 0
Multiple Dry Year
First Year Supply Totals 56,080 62,445 67,667 78,618 78,618 Demand Totals 56,080 62,445 67,667 78,618 78,618
Difference 0 0 0 0 0
Second Year Supply Totals 56,248 62,632 67,870 78,853 78,853 Demand Totals 56,248 62,632 67,870 78,853 78,853
Difference 0 0 0 0 0
Third Year Supply Totals 59,493 66,246 71,786 83,403 83,403 Demand Totals 59,493 66,246 71,786 83,403 83,403
Difference 0 0 0 0 0 25 City of Ontario. 2021. 2020 Urban Water Management Plan. 5920
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Table 7 Normal, Single Dry, and Multiple Dry Year Supply and Demand (AFY) 2025 2030 2035 2040 2045
Fourth Year Supply Totals 54,628 60,428 65,481 76,078 76,078 Demand Totals 54,628 60,428 65,481 76,078 76,078
Difference 0 0 0 0 0
Fifth Year Supply Totals 47,463 52,820 57,237 66,500 66,500 Demand Totals 47,463 52,820 57,237 66,500 66,500
Difference 0 0 0 0 0
Source: City of Ontario 2020 UWMP, 2021.
Notes: Supply and demand are equal for years 2040 and 2045 because the City anticipates buildout to occur in 2040.
The City will increase its total normal-year water supply from 39,921 AF of water delivered in 2020 to 73,668 AF in 2045. The increased water supply will come from full utilization of the Citys groundwater rights in the Chino Basin (including increased groundwater recharge with recycled water). The Chino Basin was adjudicated under the Chino Basin Judgment in 1978. During drought cycles, the Chino Basin has been managed to maintain sustainable groundwater levels. Therefore, based on historical and on-going management practices, the City will be able to rely on the Chino Basin for adequate supply over the next 25 years under single dry years and drought periods of five consecutive years. 26 Additionally, an increase in imported water is assumed to be available in wet and normal years. With the ability for the City to store water in the Chino Basin, in its local and supplemental storage accounts as well as the MWDs Dry-Year Yield (DDY) Program storage account, the City has the capability and water supply available to reduce imported water deliveries in dry years and increase groundwater production to meet future demands.
Section 2.5 provides a description of the management of groundwater resources in the Chino Basin, as well as information on basin management.
2.5 GROUNDWATER ANALYSIS
Since most of the potable water supplied by the City of Ontario comes from groundwater, SB 610 requires a groundwater analysis to be included as part of the WSA. The Water Code requires that the WSA include:
Groundwater information from the 2020 UWMP
Groundwater basin description including the legal rights to pump Historic use of groundwater from the 2020 UWMP
Projected use of groundwater
Sufficiency of groundwater from the Chino Basin 26 City of Ontario. 2021. 2020 Urban Water Management Plan. 5921
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Per SB 221, where a water supply for a proposed subdivision includes groundwater, the public water system serving the proposed subdivision needs to evaluate, based on substantial evidence, the extent to which it has the right to extract the additional groundwater needed to supply the proposed subdivision.27 The City of Ontarios legal right to pump water in an amount necessary to meet its demands has been adjudicated and the safe yield of the aquifer has been determined. The construction of Wells 45, 46, and 47, as part of the Dry Year Yield Storage Program, increases the Citys groundwater pumping capacity to meet peak demands. The City also has stored water in the Chino Basin and participates in an ongoing groundwater recharge program, using stormwater, dry-weather runoff, and recycled water, that ensures the safe yield of the Chino Basin is not exceeded. In addition, the City participates in water conservation efforts, adopts ordinances pertaining to water shortage contingency planning and the prevention of water waste, conservation pricing, and various public outreach programs to encourage its customers to reduce their water consumption.
2.5.1 Groundwater Information from the 2020 UWMP
The 2020 UWMP adopted by the City in June 2021 contains a description of the Chino Groundwater Basin, the Citys current and projected water supplies and demands, the reliability of the water supply, water shortage plans, the Optimum Basin Management Plan, and the adjudication judgment administered by the Chino Basin Watermaster. In addition, Appendix E of the UWMP explains the methods and calculations by which the future water demand of the City was estimated, based on the land use designations in the General Plan.
2.5.1.1 GROUNDWATER BASIN DESCRIPTION
The City of Ontario obtains its groundwater from the Chino Groundwater Basin. The Chino Basin encompasses about 235 square miles of the upper Santa Ana River watershed and lies within portions of San Bernardino, Riverside, and Los Angeles counties. The Chino Basin has approximately five to six million-acre feet of water in storage and an estimated one million acre-feet of storage capacity. The Chino Basin is divided into five management zones, based on similar hydrologic conditions, as shown in Figure 7, Chino Groundwater Basin Management Zones. The City of Ontario is located approximately in the center of the Chino Basin.
Groundwater quality in Chino Basin is generally good with better quality in the northern portion of the basin where recharge occurs. Salinity (TDS) and nitrate-nitrogen concentrations are higher in the southern portion of the basin. The Chino Basin has been extensively studied by the Chino Basin Watermaster. Reports are available at this website: http://www.cbwm.org/.
The Chino Basin Watermaster began development of the Optimum Basin Management Program (OBMP) in 1998 and completed it in 2000. The OBMP was updated in 2020. The purpose of the program is to address both water quality and water supply considerations. The southern portion of the Chino Basin requires groundwater treatment to control the outflow of salts and nitrates into the Santa Ana River. As such, one of the main benefits of the CDA is to remove salts and nitrates to clean up the Chino Basin. CDA operates 22 groundwater extraction wells that prevent brackish groundwater from flowing into the Santa Ana River. CDA removes salts from brackish groundwater extracted from the lower Chino Basin through the Chino I and II 27 Government Code Section 66473.7(h). 5922
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Desalter facilities. The Chino I Desalter is in the City of Chino and has a total capacity of 14.2 MGD. The Chino II Desalter is in Jurupa Valley and was expanded in 2017 to have a total capacity of 33 MGD.28 The OBMP and its implementation agreement, the Peace Agreement, was approved by the Court in October 2000. One of the stipulations of the OBMP requires member agencies to extract approximately 40,000 AFY of groundwater from the southern portion of the Chino Basin, treat it to potable water standards, and then deliver it to the member agencies. Member agencies have contract entitlements to receive a total of 35,200 AFY of treated water from CDA. The Citys current contract entitlement is 8,533 AFY.29
2.5.1.1 LEGAL RIGHT TO PUMP FROM THE CHINO BASIN
Water rights to the Chino Basin were adjudicated in 1978 by the Superior Court of the State of California for San Bernardino County. Since that time, the Chino Basin has been sustainably managed, as required by the Judgment, under the direction of the court-appointed Watermaster. The original Watermaster was the Chino Basin Municipal Water District (now IEUA). Since 1998, the Watermaster has been the Chino Basin Watermaster.
Multiple cities and water purveyors pump groundwater from the Chino Basin for all or part of their municipal and industrial water supplies. Agricultural users also pump groundwater from the Basin. The safe yield of the Chino Basin is 131,000 AFY as of 2020. The safe yield quantity is allocated among three pools of right holders as follows:
Overlying Agricultural Pool (dairymen, farmers, and the State of California) Overlying Non-Agricultural Pool (businesses and industries) Appropriative Pool (local cities, public water districts, and private water companies) The Operating Safe Yield (OSY) is defined as the annual amount of groundwater which the Watermaster determines can be produced from the Appropriative Pool parties without replenishment obligation. The City of Ontario is a member of both the Overlying Non-Agricultural Pool and the Appropriative Pool and is therefore subject to the regulations imposed by the Chino Basin Watermaster. The Judgment allocates a portion of the safe yield to the Overlying Non-Agricultural Pool and a portion of the OSY to the Appropriative Pool.
Pursuant to the Judgment, the City has appropriative rights to approximately 21 percent of the OSY allocated to the Appropriative Pool and 53 percent of the safe yield assigned to the Overlying Non-Agricultural Pool.30 With an OSY of 40,834 AFY, the Citys current appropriative right is approximately 8,470 AFY as of July 2021.
As of July 2021, the safe yield is allocated at 82,800 AFY to the Overlying Agricultural Pool and 7,350 AFY to the Overlying Non-Agricultural Pool. The City has purchased and has rights to 3,921 AF of Overlying NonAgricultural Pool water.31 28 City of Ontario. 2021. 2020 Urban Water Management Plan. 29 City of Ontario. 2021. 2020 Urban Water Management Plan. 30 City of Ontario. 2021. 2020 Urban Water Management Plan. 31 City of Ontario. 2021. 2020 Urban Water Management Plan. 5923
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The Judgment states that all Chino Basin users can pump enough water from the Basin to meet their requirements. If pumping by a party exceeds its share of the safe yield, assessments are levied by the Chino Basin Watermaster to replace overproduction. The Judgment also recognizes that there is a substantial amount of available unused groundwater storage capacity in the Chino Basin that can be used for storage and the conjunctive use of supplemental and basin waters.32 The Chino Basin Watermaster has the authority to reallocate shares of unallocated safe yield water on an annual basis, as per the latest 2019 Watermaster Resolution No. 2019-03.33 The Watermaster publishes an annual report that summarizes the status and management of the Chino Basin. A copy of the Chino Basin Judgment and latest Watermaster Annual Report can be found at www.cbwm.org.
The City of Ontario also participates in the Dry Year Yield (DYY) Storage Program, which is a cooperative conjunctive use program involving MWD, IEUA, Chino Basin Watermaster, Three Valleys Municipal Water District, and some of the Chino Basin groundwater producers. Under the DYY Program, MWD is allowed to store up to 100,000 AF of water in the Chino Basin when surplus water is available and the Chino Basin groundwater producers can extract 33,000 AFY for three years in dry, drought, or emergency periods. The City authorized execution of an agreement with IEUA to participate in the DYY program in 2003. Participation obligates the City to reduce its use of imported water compared to a baseline by a fixed amount, known as the shift obligation. The Citys shift obligation is 8,076 AFY. During years when MWD calls for extraction, the Citys WFA purchases would be reduced by up to 8,076 AFY compared to the previous year. Because Jurupa Community Services District does not have an imported water connection, it has entered into an agreement with the City to meet its shift obligation. Under this agreement, Jurupa Community Services District conveys groundwater to the City in an amount equal to its shift obligation. This program allows the City to be less reliant upon imported water supplies and the additional groundwater capacity allows the City to increase the percentage of groundwater supply used to meet peak demands.34 In addition to the appropriative pool and overlying non-agricultural pool water rights, as well as the contract obligations through the DYY Program, the following is a summary of other groundwater rights for Chino Basin:
LAND USE CONVERSIONS
As of 2023, the City receives 5,586 AFY from the Chino Basin due to conversions from agricultural to non-agricultural land uses. The Chino Basin Watermaster reallocates the unused portion of the Chino Basin Safe Yield from the Overlying Agricultural Pool to the Appropriative Pool members as a supplement to the Appropriative Pool share of Operating Safe Yield rights in any year.35,36 32 Wildermuth Environmental, Inc. September 2018. 2018 Recharge Master Plan. Prepared for the Chino Basin Watermaster and the Inland Empire Utilities Agency. 33 Chino Basin Watermaster. 2019. Watermaster Resolution No. 2019-03. Resolution of the Chino Basin Watermaster Regarding 2018 Appropriative Pool Pooling Plan and CAMA Amendments. 34 City of Ontario. 2021. 2020 Urban Water Management Plan. 35 City of Ontario. 2021. 2020 Urban Water Management Plan. 36 Chino Basin Watermaster. 2023. 2023-2024 Assessment Package. 5924
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FONTANA RECYCLED WATER RIGHTS
The City also has a long-term contract to purchase up to 3,000 AFY of recharged recycled water rights from the City of Fontana, which does not operate its own water system.37
CITY GROUNDWATER STORAGE
The City has rights to store water in the Chino Basin (Appropriative and Overlying Non- Agricultural) and has been increasing its various storage accounts in recent years. The City holds water in both local storage accounts and supplemental accounts. Local storage accounts hold unpumped OSY groundwater rights and stormwater that has been recharged into the Chino Basin. Supplemental accounts hold both imported water and recycled water that has been recharged into the Chino Basin.
As of June 30, 2023, the City has 123,135 AF in storage pursuant to Appropriative rights and zero AF in storage pursuant to Overlying Non-Agricultural rights.38,39
INCREASED GROUNDWATER RECHARGE
The City is entitled to water rights due to groundwater recharge with stormwater and recycled water in the Chino Basin. The credited amount is based on the volume recharged and therefore varies annually but is projected to increase over time. In fiscal year 2022, 6,932 AF was recharged for the City including 3,000 AF from the city of Fontana.In fiscal year 2023, 6,420 was recharged for the City including 2,903 AF from the city of Fontana.40,41
The various groundwater rights held by the City of Ontario are summarized in Table 8.
Table 8 City of Ontario Groundwater Rights Summary
Current as of 2023 (AFY)
Dry Year Storage Program 0
Appropriative Pool 8,470
Overlying Non-Agricultural Pool 3,921
Land Use Conversions 5,586
Groundwater Recharge Credits Varies
Fontana Recycled Water Rights Max. 3,000
Groundwater Storage Accounts Appropriative Pool: 123,135 Overlying Non-Agricultural: 0
Source: Chino Basin Watermaster 2023-2024 Assessment Package, 2023 and City of Ontario 2020 UWMP, 2021. 37 City of Ontario. 2021. 2020 Urban Water Management Plan. 38 City of Ontario. 2021. 2020 Urban Water Management Plan. 39 Chino Basin Watermaster. 2023. 2023-2024 Assessment Package. 40 Inland Empire Utilities Agency. 2022. FY 2021-22 Exhibit for Recycled Water Reconciliation. 41Inland Empire Utilities Agency. 2023. FY 2022-23 Exhibit for Recycled Water Reconciliation. 5925
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2.5.2 Historic Use of Groundwater
The City owns and operates 17 active groundwater wells. The amount of groundwater pumped by the City of Ontario from the Chino Basin since 2016 is listed below in Table 9. A map of the location of the groundwater wells and pressure zones is shown on Figure 8, Ontario Ultimate Water System. Table 9 Historic Groundwater Production Calendar Year Groundwater produced (AFY)
2016 22,751
2017 24,672
2018 26,109
2019 19,604
2020 18,395
2021 17,171
2022 18,967
2023 15,077
Average
Source: Chino Basin Watermaster 2021-2022 Assessment Package, 2021, Ontario Municipal Utilities Company 2022 Water Production Summary, 2023, Ontario Municipal Utilities Company 2023 Water Production Summary, 2024, and City of Ontario 2020 UWMP, 2021. 5926
PlaceWorks Source: Wildermuth International 2017. 0 Scale (Miles) 4 AC91 LIFORN AI AC 60 LIFORNIA AC60 L FI ORN AI Figure 7 - Chino Groundwater Basin Management Zones AC 60 LIFORNIA Project Site WAT E R S U P P LY A S S E S S M E N T A N D W R I T T E N V E R I F I CAT I O N O F S U F F I C I E N T WAT E R S U P P LY F O R T H E E M P I R E G R O V E S H O T E L S P E C I F I C P L A N C I T Y O F O N TA R I O 5927
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2.5.3 Projected Use of Groundwater
The proposed project will receive water from the City of Ontario, using groundwater extracted from the Chino Basin, treated groundwater from the CDA, recycled water from the IEUA, and imported water from the WFA.
Groundwater from the Chino Basin will be directly pumped by the City of Ontario into its distribution system or by treating the groundwater at the Citys two ion-exchange facilities before pumping it into the distribution system. The Citys current well capacity is 38,600 gallons per minute (gpm) or 55.6 mgd. The Citys ultimate source of supply will be equal to or greater than 68,404 gpm, this includes the nine future wells.
The projected amount of groundwater pumped by the City of Ontario from the Chino Basin up to the year 2045 is listed below in Table 10.
Table 10 Projected Groundwater Production
Calendar Year Groundwater produced (AFY)
2025 20,249
2030 22,915
2035 24,943
2040 31,476
2045 31,476
Source: City of Ontario 2020 UWMP, 2021.
2.5.4 Sufficiency of Groundwater from Chino Basin
According to the 2020 UWMP, the Citys water supply (including conservation measures) will be sufficient to supply all its needs to residential, commercial, and industrial customers through the year 2045 during normal, single dry, and multiple dry years. The City of Ontarios legal right to pump water in an amount necessary to meet its demands has been adjudicated and will ensure the long-term reliability of the groundwater source as the safe yield of the aquifer has been determined.
Approximately two-thirds of the Citys water supply is groundwater pumped through its own wells located in the Chino Basin. The construction of Wells 45, 46, and 47, as part of the DYY Storage Program, increases the Citys groundwater pumping capacity to meet peak demands. The City also has 123,135 AF of stored water in the Chino Basin as of 2023 and participates in an ongoing groundwater recharge program, using stormwater, dry-weather runoff, and recycled water, that ensures the safe yield of the Chino Basin is not exceeded. The expansion of the groundwater desalter program and ongoing expansion of the recycled water program will reduce the Citys dependence on groundwater pumping. In addition, the City adopts ordinances pertaining to water shortage contingency planning and the prevention of water waste, conservation pricing, and various public outreach programs to encourage its customers to reduce their water consumption.42 42 City of Ontario. 2021. 2020 Urban Water Management Plan. 5929
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2.5.5 Ability of Water Supplies to Accommodate the Proposed Project As noted in Section 2.3.3 the proposed project would result in a net increase of 43.55 AFY in potable water demand and decrease of 1.71 AFY in recycled water demand when compared to the water demand accounted for the site in the 2020 UWMP. The net increase in potable water is within the projected potable water demand increases shown in Table 7 for the years 2025 to 2030, the timeframe in which the proposed project is anticipated to be completed.
Furthermore, although Table 7 does not include any residual water supply capacities, the City has the flexibility to increase groundwater production from the Chino Basin. An increase in imported water is also available to the City in wet and normal years. Projected groundwater production is shown in Table 10 and capped at 31,476 AFY for the years 2040 and 2045. This amount is what is needed for the projected water demands. However, the City can increase this production as shown in Table 8. As of June 30, 2023, the City has 123,135 AF in storage pursuant to Appropriative rights. Along with the other groundwater supply allocations shown in Table 8, the City has the capability to accommodate the net increase in water demand associated with the proposed project.
2.6 WATER SHORTAGE CONTINGENCY PLANNING
To prepare for water shortages, the City adopted Ordinance No. 3027 on September 1, 2015, in response to the Emergency Conservation Regulations mandated by the State Water Resources Control Board. Under this ordinance, the Water Conservation Plan was updated with more stringent prohibitions and penalties. Ordinance 3027 updated the Citys Water Conservation Plan that is codified in Chapter 8A, Title 6 of the Citys Municipal Code (Water Conservation Plan).
The City Council adopted its 2020 Water Shortage Contingency Plan in June 2021, which describes the methods to achieve and the implication of reducing water supplies to at least 50 percent. The City and OMUC implement various programs to reduce customer water consumption, including stringent use restrictions, actions, and penalties, as well as public outreach, education, and communication programs. 5930
TS NREF EVA DI L CUECAMPUS AVE
BON VIEW AVE CUCAMONGA AVE GROVE AVE
BAKER AVE
VINEYARD AVE
ARCHIBALD AVE HAVEN AVE
ETIWANDA AVE
I-15 FWY
TURNER AVE
ARCHIBALD AVE GROVE AVE CAMPUS AVE
EUCLID AVE
SAN ANTONIO AVE MOUNTAIN AVE
HAVEN AVE MILLIKEN AVE
BAKER AVE
VINEYARD AVE
BENSON AVE
EVA NOSNEB
EVAAI L ONGA M
EVA SSERPYC
EVAANATL US
PARCO AVE WALKER AVECUCAMONGA CREEK
TURNER AVE
VINTAGE AVE WINEVILLE AVE
I-15 FWY
EVA DI L CUE
BON VIEW AVE CAMPUS AVE
EVA ANATL US CUCAMONGA AVE GROVE AVE
BAKER AVE
VINEYARD AVE
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Depending on the initiative of the Citys customers to voluntarily conserve water at times of crisis, the City can determine when and how quickly to implement the mandatory conservation phases. The severity of the water shortage will influence which methods will be implemented. The demand reduction stages that correspond to water shortage levels are as follows:
Stage 1 Water supply shortage of up to 10 percent or as otherwise directed by executive order or State agency regulation
Stage 2 Water supply shortage between 10 and 20 percent Stage 3 Water supply shortage between 20 and 30 percent Stage 4 Water supply shortage between 30 and 40 percent Stage 5 Water supply shortage between 40 and 50 percent Stage 6 Water supply shortage greater than 50 percent As of May 2023, the City entered into a Voluntary Conservation Stage where the public is encouraged to voluntariy conserve water described in the Water Shortage Contingecy Plan.
2.7 WATER EFFICIENCY STRATEGIES
The City has implemented Demand Management Measures to reduce its water demands and achieve its water use targets. These measures include:
Adoption of an ordinance to promote conservation and prevent water waste. The City adopted Ordinance No. 3027 in October 2015 to establish water conservation measures, staged water supply shortage demand management measures, and prevent water waste. The adoption of Ordinance No. 3027 was part of a comprehensive water shortage planning effort to manage the Citys response to water supply challenges it may encounter.
Metering of all customer connections, including separate metering for single-family residential, commercial, industrial, large landscape, and institutional/governmental facilities.
Implementation of conservation pricing. The Citys current water rate structure is tiered to promote water conservation by customers. In the event the customer uses more than the amount of water allotted for the budgeted allocation, a Drought Surcharge rate would apply.
Development of public education and outreach programs regarding water conservation. The City developed a public information program to educate the public on the benefits of water conservation. The program involves the dissemination of information through literature provided at City Hall and other City of Ontario facilities and articles in the City of Ontario newsletter. The City includes periodic information flyers with the water bills to address water conservation and other important matters. The City also periodically holds public seminars and workshops with other local agencies to promote water conservation.
Implementation of actions to assess and manage water distribution system losses. The City has water conservation literature that alerts customers to be on the lookout for water system leaks and to correct them promptly. As part of normal operation and maintenance of the water system, City staff performs preventive maintenance. This includes regular checks on valves and meters and pipeline maintenance. If leaks are encountered or suspected during routine inspection of the system, further evaluation is conducted 5933
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and leaks are subsequently repaired. The City also monitors the water system for loss by comparing water production to water sales.
Provision of rebate programs. The City routinely hosts seminars and workshops in the community to promote landscape and offers a rebate program for the purchase of landscape-related items to both residential and commercial customers to promote water conservation. The City also offers a rebate program for the purchase of high-efficiency washing machines, high-efficiency toilets, and weather-based irrigation controllers. 43
Furthermore, the City along with other IEUA member agencies implement a Regional Water Use Efficiency Business Plan. The Business Plan references SB X7-7 and the State Water Resources Control Boards Emergency Conservation Regulations that help guide the development of water reduction goals. The Business Plan describes in detail how the region and the City will achieve the water reduction goals. In addition, the City participates in water conservation efforts through the California Urban Water Conservation Council committing to implement Best Management Practices for more efficient use or conservation of water.44
2.8 SUMMARY
A WSA/WV was prepared to assess the water demand and supply conditions with implementation of the proposed project. As shown in Table 3 and 4, the total potable water demand for the proposed project is conservatively estimated to be 80.60 AFY and the total recycled water demand is estimated at 13.35 AFY.
According to the Citys 2020 UWMP, the City has adequate supplies to serve 100 percent of its customers during normal, dry year, and multiple dry year demand through 2045 with projected population increases and future development projects. The proposed project would result in a net increase of 43.55 AFY in potable water demand and net 1.71 AFY decrease in recycled water demand when compared to the water demand accounted for the site in the 2020 UWMP. This net increase is within the 2020 UWMP projected potable and recycled water demand increases for the years 2025 to 2030, the timeframe in which the proposed project is anticipated to be completed. Furthermore, the City has the flexibility to increase groundwater production from the Chino Basin and increases in imported water is also available to the City in wet and normal years. As shown in Section 2.5.5, the City has adequate groundwater allocations to accommodate the net increase in water demand associated with the proposed project.
This WSA/WV concludes that the City will have sufficient water supplies available during normal, single dry, and multiple dry years through the year 2045 to meet all projected water demands associated with its existing and future customers, including the proposed project. In the unlikely event of a water shortage, implementation of the Citys Water Conservation Plan and water efficiency strategies would ensure that sufficient water supplies were available to serve its customers, including the project and existing and future users. 43 City of Ontario. 2021. 2020 Urban Water Management Plan. 44 Inland Empire Utilities Agency. 2022. Regional Water Use Efficiency Business Plan FY 2022-24. 5934
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Attachment A Detailed Landscaping Water Demand
Calculations
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Water Budget Workbook for New and Rehabilitated Non-Residential Landscapes Beta Version 1.30 June 13, 2017 Califonia Department of Water Resources Statewide Integrated Water Management Water Use and Efficiency Branch This program calculates Maximum Applied Water Allowance (MAWA) and Estimated Total Water Use (ETWU) based on reference evapotranspiration from Appendix A in the Model Water Efficiency Landscape Ordinance All information provided by the Department of Water Resources is made available to provide immediate access for the convenience of interested persons. While the Department believes the information to be reliable, human or mechanical error remains a possibility. Therefore, the Department does not guarantee the accuracy, completeness, timeliness, or correct sequencing of the information. Neither the Department of Water Resources nor any of the sources of the information shall be responsible for any errors or omissions, or for the use or results obtained from the use of this information. 5937
Instructions Maximum Applied Water Allowance Calculations for New and Rehabilitated Special Landscapes This Worksheet for calculation of special landscape MAWA only Cells with pale blue background are for entering data Results show in cells with tan background Messages and warnings are displayed in cells with yellow background 1) Select city by clicking on pale blue cell and choosing a city from the drop down menu Click on the blue cell on right to Pick City Name Ontario Name of City ETo appears in the tan cell below the name of the city ETo of City from Appendix A 49.20 ETo (inches/year) 2) Enter Specila Landscape Area (SLA) Enter SLA 133,374.00 SLA (ft2) Results: 3) MAWA results appear n i the an ce t lls MAWA = (ETo) x (0.62) x [SLA)] - Gallons - Cubic Feet - HCF - Acre-feet - Millions of Gallons MAWA calculation incorporating Effective Precipitation (Optional) ETo of City from Appendix A 49.20 ETo (inches/year) Speical Landscape Area 133,374.00 SLA (ft2) 4) If you are considering effective precipitation (Eppt), enter the total annual precipition 10.68 5) Effective precipitation Enter Effective Precipitation 2.67 Eppt (in/yr) 6) For comparison, MAWA without effective precipitation is displayed below 4,067,907.00 Results: MAWA without Eppt (Gallons) MAWA=(ETo - Eppt) x (0.62) x [SLA)] 3,847,839.90 Gallons 514,383.09 Cubic Feet 5,143.83 HCF 11.81 Acre-feet 3.85 Millions of Gallons Enter value in Pale Blue Cells Tan Cells Show Results Messages and Warnings 5938
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RESOLUTION NO. PC25-007
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE
FILE NO. PDA23-005, A DEVELOPMENT AGREEMENT BETWEEN THE
CITY OF ONTARIO AND DIVERSIFIED PACIFIC DEVELOPMENT
GROUP, LLC, TO ESTABLISH THE TERMS AND CONDITIONS
ASSOCIATED WITH A DEVELOPMENT PLAN (FILE NO. PDEV23-039), FOR A 10.43 ACRE PROPERTY LOCATED ON THE SOUTHEAST
CORNER OF GUASTI ROAD AND HOLT BOULEVARD WITHIN THE
PROPOSED PA1 (HOSPITALITY MIXED-USE) DISTRICT OF THE
EMPIRE GROVES SPECIFIC PLAN, AND MAKING FINDINGS IN
SUPPORT THEREOF—APN: 110-322-33
WHEREAS, Diversified Pacific Development Group, LLC (hereinafter referred to as "Applicant") has filed an Application for the approval of a Development Agreement, File No. PDA23-005, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 10.43 acres of land generally located on southeast corner of Guasti Road and Holt Boulevard, within the proposed Empire Groves Specific Plan; and
WHEREAS, the properties to the north of the Project site are within the CCS (Convention Center Support Commercial) zoning district, and are developed with offices and hotel. The property to the east is within the UC (Utilities Corridor) zoning district and is developed with a flood control channel. The property to the south and west is within the CCS (Convention Center Support Commercial) zoning district, and is developed with hotel; and
WHEREAS, the applicant submitted a Development Plan (File No. PDEV23- 039) to construct a 600,000 square foot hotel and commercial building consisting of 600 rooms; and
WHEREAS, in conjunction with the Project, the Applicant also filed an application for a Specific Plan (Empire Groves), File No. PSP23-001, to establish the land use district, development standards, guidelines, and infrastructure improvements for the development of up to 600,000 square feet of hospitality and commercial land uses on 10.43-acres of land located on the southeast corner of Guasti Road and Holt Boulevard, which requires City Council approval; and
WHEREAS, the Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) was certified on August 16, 2022 (hereinafter 5940
Planning Commission Resolution
File No. PDA23-005
February 25, 2025
referred to as "Certified EIR"), in which development and use of the Project site was discussed; and
WHEREAS, the Planning Director of the City of Ontario prepared and approved for attachment to the certified Environmental Impact Report, an Addendum to the Certified EIR (hereinafter referred to as "EIR 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 environmental impacts of this Project were thoroughly analyzed in the EIR Addendum, which concluded that implementation of the Project could result in a number of significant effects on the environment that were previously analyzed in the Certified EIR, and that the Certified EIR identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; 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, the Application is a project pursuant to the California Environmental Quality Act — Public Resources Code Section 21000 et seq. — (hereinafter referred to as "CEQA") and an EIR Addendum has been prepared to determine possible environmental impacts; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make a recommendation 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 2050, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon consideration of all its aspects, it is found to further the purposes, principals, goals, and policies of the Housing Element; and
WHEREAS, the Project is located within the Airport Influence Area of Ontario International Airport, which encompasses lands within parts of San Bernardino, Riverside, and Los Angeles Counties, and is subject to, and must be consistent with, the policies and criteria set forth in the Ontario International Airport Land Use Compatibility Plan (hereinafter referred to as "ALUCP"), which applies only to jurisdictions within San Bernardino County, and addresses the noise, safety, airspace protection, and overflight impacts of current and future airport activity; and
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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, as the first action on the Project, on February 25, 2025, the Planning Commission issued a Resolution recommending the City Council adopt the EIR Addendum, finding that the proposed Project introduces no new significant environmental impacts and applying all previously adopted mitigation measures to the Project, which were incorporated by reference; 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 body for the Project, the Planning Commission has reviewed and considered the information contained in the Addendum, the initial study, and the administrative record for the Project, including all written and oral evidence provided during the comment period. Based upon the facts and information contained in the Addendum, the initial study, and 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 TOP 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
(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 5942
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(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 EIR 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: Subsequent or Supplemental Environmental Review Not Required. Based on the EIR 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 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 5943
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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 body for the Project, the Planning Commission finds that based upon the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan 2050, as the Project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.
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 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, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above-referenced hearing, and upon the specific findings set forth in the Sections above, the Planning Commission hereby concludes as follows:
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The provisions of the development agreement are consistent with the goals, policies, plans, and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan 2050, and any applicable specific plans. The Development Agreement applies to approximately 10.43 acres of land located on the southeast corner of Guasti Road and Holt Boulevard within the proposed Empire Groves Specific Plan (File No. PSP23-001). The Development Agreement establishes parameters for the development of land within the Empire Groves Specific Plan. The Development Agreement also grants the Applicant, the right to develop, the Project site. These terms and conditions are consistent with The Ontario Plan Policy Plan (General Plan), design guidelines and development standards for the proposed Empire Groves Specific Plan and will help further the vision of the Guasti District, the Multimodal Mixed-Use Land Use designation, and support the nearby Convention Center.
SECTION 6: Planning Commission Action. Based upon the findings and conclusions set forth in the Sections above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVES the herein described Application, subject to each and every condition set forth in the Department reports 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. PDA23-005
Development Agreement
(Development Agreement to follow this page)
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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 and 27383
_________________________________________________________________________ Space above this line for Recorder’s Use Only
FILE NO. PDA_______
DEVELOPMENT AGREEMENT
By and Between
City of Ontario
a California municipal corporation
and
DIVERSIFIED PACIFIC DEVELOPMENT GROUP LLC,
a California limited liability company
_________________________, 2025
San Bernardino County, California
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DEVELOPMENT AGREEMENT NO. PDA___________
This Development Agreement (hereinafter “Agreement”) is dated as of ___________, 2025, for reference purposes only, and is entered into by and between the City of Ontario, a California municipal corporation (hereinafter “CITY”), and DIVERSIFIED PACIFIC DEVELOPMENT GROUP LLC, a California limited liability company (hereinafter “OWNER”):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code and Section 4.01.015 of the Ontario Development Code; and
WHEREAS, OWNER and CITY desire that they 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 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, Public Resources Code §§21000, et seq. (“CEQA”) have been met with respect to the Hotel Project and the Agreement in that certain Addendum to the Final Supplemental Environmental Impact Report for the Ontario Plan 2050; Empire Groves Specific Plan (State Clearinghouse No. 2021070364 (the “Addendum”).
WHEREAS, the City Council found and determined that the Addendum was prepared in accordance with the requirements of CEQA and adequately describes the impacts of the Hotel Project described in the Addendum, which included consideration of this Agreement; and WHEREAS, CITY is currently engaged in the Ontario Convention Center Expansion & Renovation Project (as further defined in Section 4.6.1 as the “Convention Center Project”), which is slated to significantly expand and remodel the existing convention center. To support the Convention Center Project and other possible improvements that CITY is considering making, as discussed further in this Agreement, CITY and OWNER desire that OWNER develop, construct and operate a full service convention hotel (“Hotel”) on the Property, which can support and enhance the Convention Center Project. For purposes of this Agreement, a full service convention hotel means a hotel that offers a range of onsite amenities, including a restaurant, pool, gym, laundry services, business center and meeting space or conference rooms; and
WHEREAS, CITY and OWNER agree that the Convention Center Project and Hotel Project are complementary and that the parties agree to use commercially reasonable efforts to 5950
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coordinate the reopening of Convention Center and opening of the Hotel Project. As part of the Convention Center Project, CITY intends to significantly expand the Convention Center and may construct a public parking structure and outdoor plaza as part of the Convention Center Project to provide new parking near the Convention Center and the proposed Hotel Project. To further the success of the Convention Center, CITY is considering the acquisition of some or all of the Surrounding Properties (described in Section 4.7 below), to establish thereon a vibrant high-end, luxury retail, commercial and residential uses that would enhance the economic viability of the Hotel Project and to further improve the tax base of CITY; and WHEREAS, the Hotel Project will provide substantial public benefits to CITY, including the creation of job opportunities for local residents in hospitality, retail, management, construction and maintenance. The Hotel Project will support local entrepreneurs and small businesses by providing them with platforms to showcase and sell their products or services. The Hotel Project will generate tax revenue for CITY. The Hotel Project will attract visitors, host key events, provide support to the Convention Center and other local businesses, ultimately enhancing the overall cityscape, further benefiting local businesses and the local economy; and WHEREAS, this Agreement and the Hotel Project are consistent with CITY’S Comprehensive General Plan and any specific plan applicable thereto; 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, as defined in Section 1.1.21 and as more particularly described and depicted in the attached Exhibit “A” – Legal Description of the Property and Exhibit “B” - Map Showing Property and its Location, 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 improvements, provide for public services appropriate to the development of the Hotel 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 be incurring substantial costs to facilitate development of the Property in accordance with this Agreement; and WHEREAS, OWNER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements to assure vesting of legal rights to develop the Property in accordance with this Agreement.
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.
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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. “Convention Center Project” is defined in the recitals to this Agreement and supplemented pursuant to Section 4.8.1 below.
1.1.4. “Development” means the improvement of the Property for the purposes of completing the Hotel Project, including the structures, improvements and facilities comprising the Hotel Project including, but not limited to: grading; the construction of public infrastructure and public facilities related to the Hotel Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. “Development” does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof.
1.1.5. “Development Approvals” means all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) development plan review;
(d) conditional 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 or other charge, 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 5952
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and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superseded, including by amendment or replacement.
1.1.8. “Development Plan” means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property.
1.1.9. “Effective Date” means the date that the ordinance approving this Agreement goes into effect.
1.1.10. “Existing Development Approvals” means all Development Approvals approved or issued 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. “Final Non-Appealable Date” means the date the Existing Development Approvals are final and non-appealable as set forth in the CITY Development Code and any applicable laws and the applicable statute of limitations has expired under the California Environmental Quality Act (Public Resources Code §21000 et seq.) and implementing Guidelines for CEQA (14 Cal. Code Regs. § 15000 et seq.) with respect to the Addendum, in each case without the filing of any third party challenge, appeal, or lawsuit or, if filed, such challenge, appeal, or lawsuit has been resolved in a manner satisfactory to OWNER. Promptly after the Final Non-Appealable Date occurs, the parties shall execute a joint memorandum or side letter confirming the final date of the Final Non-Appealable Date and, thereafter, the Final Non-Appealable Date shall be deemed to be the date agreed upon by the parties in such memorandum or side letter.
1.1.13. “Force Majeure” has the meaning set forth in Section 10.11.
1.1.14. “Full Service Convention Hotel” has the meaning as set forth in the Recitals and supplemented pursuant to Section 4.4.3 below.
1.1.15. “General Plan” means The Ontario Plan adopted on August 16, 2022, by Ordinance No.___ , as amended up to the date of the first reading of the ordinance adopting and approving this Agreement.
1.1.16. “Hotel 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.
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1.1.17. “Improvement” or “Improvements” means those public improvements required to support the development of the Hotel Project as described in the development conditions for the Hotel Project, as further described in Exhibit “E” and depicted in Exhibit “F” (together, the “Infrastructure Improvements Exhibit”).
1.1.18. “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.
1.1.19. “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.
1.1.20. “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.
1.1.21. “Parking Tax” means the tax imposed by CITY for the renting of a parking space in a parking station in the City of Ontario pursuant to Title 3, Chapter 8 of the Ontario Municipal Code, as may be modified from time to time.
1.1.22. “Property” means the real property described on Exhibit “A” and shown on Exhibit “B” to this Agreement.
1.1.23. “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 3.7 of this Agreement.
1.1.24. “Specific Plan” means that certain specific plan adopted by CITY Council, and entitled, “Empire Groves Specific Plan.”
1.1.25. “Subsequent Development Approvals” means all Development Approvals required subsequent to the Effective Date in connection with development of the Property.
Subsequent Development Approvals shall be deemed to be subject to the provisions of this Agreement, without any further action needed on the part of either CITY or OWNER.
1.1.26. “Subsequent Land Use Regulations” means any Land Use Regulations adopted and effective after the Effective Date of this Agreement.
1.1.27. “Transient Occupancy Tax” or “TOT” means the tax imposed by CITY on the rent charged to guests for occupancy of hotel rooms within the development, as authorized by 5954
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Title 3, Chapter 6 of the Ontario Municipal Code or otherwise, as may be modified from time to time.
1.1.28. “Total Project Costs” means all costs and expenses incurred by OWNER to acquire, develop and construct the Hotel Project and all portions thereof, and to brand and open the Hotel Project to the public, inclusive of all hotel management and franchise costs, fees and charges.
1.2. Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement:
1.2.1. Exhibit “A” — Legal Description of the Property.
1.2.2. Exhibit “B” — Map showing Property and its location.
1.2.3. Exhibit “C” — Existing Development Approvals.
1.2.4. Exhibit “D” — Existing Land Use Regulations.
1.2.5. Exhibit “E” — Description of Required Infrastructure Improvements.
1.2.6. Exhibit “F” — Depiction of Required Infrastructure Improvements.
1.2.7. Exhibit “H-1”— Surrounding Property.
1.2.8. Exhibit “H-2” — Miller Property.
1.2.9. Exhibit “I” – Conceptual Depiction of the Convention Center Expansion.
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 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 the lessee of the Property 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 thirty (30) years thereafter unless this term is modified or extended pursuant to the provisions of this Agreement.
2.4. Assignment.
2.4.1. Right to Assign. OWNER shall have the right to sell, transfer or assign the Property (inclusive of all improvements thereon) 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 compliance with the following:
(a) No sale, transfer or assignment of any right or interest under this 5955
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Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property.
(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 agreement 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 arising from and after the date of such sale, transfer or assignment; and (2) the payment of the applicable processing charge to cover CITY’S review and consideration of such sale, transfer or assignment. (c) Any sale, transfer or assignment not made in 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 benefits and burdens of this Agreement shall be binding upon and inure to such purchaser, transferee or assignee, arising from and after the date of such assignment. 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 OWNER no longer has a legal or equitable interest in all or any part of the portion of the Property sold, transferred or assigned, or 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.
(e) The provisions of this Section 2.4.2 and Section 2.4.3 below shall not apply to the holder of a mortgage (inclusive of a deed of trust) encumbering the Property as security for the provision of financing towards the improvement of the Property, but shall be governed pursuant to the terms of Section 9 of this Agreement.
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 2.4.1 above and notwithstanding the release 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”). 5956
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(b) The owner of the Retained Property shall remain 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. (c) The assignee’s exercise, use and enjoyment of the Property or portion thereof (but not any Retained Property) shall be subject to the terms of this Agreement to the same extent as if the assignee were OWNER from and after the date the assignee took title to the Property or portion thereof.
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. 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 reasonably 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. Within thirty (30) days following such complete submittal, CITY shall review, and if the above conditions are satisfied, shall approve the partial assignment and release and notify the purchaser, transferee or assignee in writing thereof. If CITY shall fail to respond to such request for approval within such sixty (60) day period, CITY shall be deemed to have approved such request. No such release approved pursuant to this Subsection 2.4.5 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 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 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 CITY initiates the proposed amendment to, or cancellation of, in whole or in part, this Agreement, CITY shall first give notice to 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.
2.6. Amendment to Reflect Consistency With Future Amendments to the Development Plan. To the extent any future amendment to the Development Plan (which shall occur only with OWNER prior written approval) provides for modifications to rights or 5957
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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 this Development Agreement to reflect and address any or all of such modifications.
2.7. 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.
2.8. Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events:
2.8.1. Expiration of the stated term of this Agreement as set forth in Section 2.3.
2.8.2. Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement.
2.8.3. The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement.
2.8.4. Termination of this Agreement based on any uncured default of OWNER and following the termination proceedings requirement by the Development Agreement policies.
Completion of the Hotel 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, shall not terminate this Agreement or the rights of OWNER or CITY hereunder. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination or with respect to any obligations which are specifically set forth as surviving this Agreement. Upon such termination, any public facilities and services mitigation fees paid pursuant to Section 4.2 of this Agreement by OWNER to CITY on which construction has not yet begun shall be refunded to OWNER by CITY within a reasonable period of time.
2.9. Notices.
2.9.1. 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.
2.9.2. 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 5958
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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. A copy of any notice may be sent via electronic mail to the email addresses as specified below:
If to CITY:
Scott Ochoa, City Manager
City of Ontario
303 East "B" Street
Ontario, CA 91764
Email: [email protected]
If to OWNER:
Jeff Burum and Matt Jordan
Diversified Pacific Development Group LLC
10621 Civic Center Drive
Rancho Cucamonga, CA 91730
Email: [email protected]
with a copy to:
Ruben Duran, City Attorney
Best Best & Krieger, LLP
2855 E Guasti Road, Suite 400
Ontario, CA 91761
Email: [email protected]
with a copy to:
Guy Maisnik
Jeffer, Mangels, Butler & Mitchell LLP
1900 Avenue of the Stars, 7th Floor
Los Angeles, CA 90067
Email: [email protected]
2.9.3. 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. Development of the Hotel Project; Rights to Develop.
3.1.1. Development of the Hotel Project. In consideration of the premises, purposes, and intentions set forth in this Agreement, and in consideration of the assurances for development of the Hotel Project pursuant to this Agreement, OWNER agrees to use commercially reasonable efforts to develop the Hotel Project, and development of the Hotel Project shall be in accordance with: (i) the terms and conditions of this Agreement; (ii) the terms and conditions established in the Development Approvals; and (iii) the Existing Land Use Regulations. OWNER further agrees that the use, density and intensity, maximum height and size of structures and provisions for the Property reservation and dedication of land for public purposes related to the Property shall be limited to those uses permitted by the Existing Land Use Regulations. Development of the Hotel Project shall be in accordance with the Development Approvals. Construction of the Hotel Project shall be in compliance with all applicable building codes and standards, as such may be modified from time to time. 5959
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3.1.2. 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 the Existing Land Use Regulations, subject to the terms and conditions of this Agreement and the conditions established in the Development Approvals. The Hotel Project shall remain subject to all Subsequent Development Approvals required to complete the Hotel Project as contemplated by the Development Plan. Except as otherwise provided in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, and provisions for reservation and dedication of land for public purposes shall be those set forth in the Existing Land Use Regulations.
3.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement including the Reservations of Authority in Section 3.6 herein, the rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations. In connection with any Subsequent Development Approval, CITY shall exercise discretion in accordance with the same manner as it exercises its discretion under its police powers, including the Reservations of Authority set forth herein; provided however, that such discretion shall not prevent development of the Property for the uses and to the density or intensity of development set forth in this Agreement.
3.3. Timing of Development. The parties acknowledge that OWNER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors which are not within the control of OWNER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the parties’ intent to cure that deficiency by acknowledging and providing that OWNER shall have the right to develop the Property in such order and at such rate and at such times as OWNER deems appropriate within the exercise of its subjective business judgment, subject to any timing or phasing requirements set forth in the Development Plan or the Phasing Plan; provided, however, that OWNER and CITY acknowledge that it shall not be a default of OWNER under this Agreement or otherwise, if the following milestones dates or any dates set forth in the Development Plan or the Phasing Plan are not achieved:
Milestone Table:
Event Date
1. Submission by OWNER of building plans
to CITY for the Hotel Project
On or before three hundred sixty-five (365)
days following the Final Non-Appealable
Date.
2 Commencement of Construction of the
Hotel Project
On or before two (2) years following the
Final Non-Appealable Date.
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2. (Continued) In order to achieve this milestone, CITY agrees to complete its review of (a)
OWNER’S initial plan check submission
within twenty-one (21) days after receipt
of such initial submission by CITY
(provided, however, prior to such
submission OWNER and CITY shall
meet to review the proposed application),
and (b) any additional submissions
required to obtain the required permits for
the Hotel Project within fourteen (14)
days following receipt of such additional
submissions by CITY. There shall be a
day-for-day extension of this
Commencement of Construction
milestone if CITY fails to timely respond
to such submissions within the time
periods set forth above (each, a "CITY
Response Delay").
Notwithstanding anything to the contrary herein, subject to force majeure, if OWNER has not substantially completed the Hotel by the expiration of four (4) calendar years, with two (2) options to extend each for two (2) years for a total of eight (8) years in the event that both options are exercised, following the Final Non-Appealable Date, CITY shall have the right to terminate this Agreement, provided that the foregoing period shall be extended if OWNER has proceeded in good faith, but has not yet been able to obtain feasible financing on commercially reasonable terms and conditions for the construction of the Hotel Project or on account of a Force Majeure event for the number of days that the inability to obtain feasible financing event or the Force Majeure event was in effect. OWNER shall provide at least sixty (60) days advance written notice to CITY if OWNER exercises an option to extend the completion date of the Hotel Project.
3.4. Requirement for Public Infrastructure Improvements. OWNER shall comply with any conditions of the Development Approvals with respect to providing public infrastructure improvements or facilities, if any, to the extent required in connection with the Hotel Project.
Notwithstanding any terms that may expressly identify, or the absence thereof to identify, any certain Public Infrastructure Improvements within the terms of this Agreement, the obligations of OWNER which are imposed by the conditions of the Development Approvals for the Hotel Project shall still be in effect and are not waived. Development of the Property is contingent in part on the phasing of area-wide infrastructure improvements over which OWNER has control and subject to the provisions of this Agreement. The issuance of building permits by CITY for the Development of the Property is, in general, contingent on OWNER’S completion of such needed infrastructure improvements to the extent provided herein and the availability of improvements and services to serve the Property.
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3.4.1. Infrastructure Improvement Exhibit. Attached hereto as Exhibits “E” and "F" are a description and depiction, respectively, of the Improvements needed for the development of the Property. In the event of any discrepancy between Exhibit “E” and Exhibit “F”, Exhibit “F” shall control.
3.4.2. Infrastructure Improvement Plan. Subject to the prior submittal by OWNER and approval by CITY of a plan to provide sufficient public infrastructure for the construction of the Development of the Property. The plan to be submitted by OWNER for CITY approval shall describe the utilities and other infrastructure necessary to provide sufficient fire protection and other public health and safety requirements for the Development and other facilities for the Hotel Project. .
3.5. Phasing Plan. Development of the Property shall be subject to all timing and any phasing requirements established by the Development Plan, provided the same are consistent with the terms of this Agreement.
3.6. Changes and Amendments. The parties acknowledge that refinement and further development of the Hotel Project may require Subsequent Development Approvals and 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
(d) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code.
3.7. Reservations of Authority.
3.7.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, CITY shall not be prevented from applying new rules, regulations and policies upon OWNER, nor shall a development agreement prevent 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 and charges of every kind and nature imposed by CITY to cover the costs of processing applications for Development Approvals or for monitoring 5962
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compliance with any Development Approvals
(b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals 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 CITY and any local amendments to those codes adopted by 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. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property;
(f) Regulations that may conflict with this Agreement or the Development Plan, but to which OWNER consents in writing. (g) Regulations imposing Development Exactions; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit which includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would physically prevent development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes.
3.7.2. Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan and/or Existing Development Approvals, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan and/or the Existing Development Approvals.
3.7.3. 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 5963
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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 CITY does not agree, 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 3.7.3 shall impose on CITY any monetary liability for contesting such declaratory relief (or other similar non-monetary relief).
3.7.4. 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.
3.8. Public Works; Utilities. If OWNER is required by this Agreement or as a condition of the Hotel Project Development Approval 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, and subject to the terms of this Agreement, OWNER shall connect the Hotel Project to all utilities necessary to provide adequate water, recycled water, sewer, gas, electric, and other utility service to the Hotel Project, as further described and depicted in the Infrastructure Improvements Exhibit. As a further condition of development approval, OWNER shall contract with 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 of Ontario. Notwithstanding the foregoing, OWNER is not responsible for a future or unreasonable requests to upsize or increase in capacity of any utilities to provide adequate water, recycled water, sewer, gas, electric and other utility service that are not directly related to or to service the Hotel Project. As further condition of development approval, to the extent OWNER does not own the Property in fee simple, OWNER must provide to CITY the written consent from the current fee owner of the Property agreeing to the terms of this Agreement and the recordation thereof, pursuant to Section 2.2.
3.8.1. OWNER agrees that development of the Hotel Project shall require the construction of storm drain improvements as described in Exhibit “E” and depicted in Exhibit “F”. OWNER shall be responsible for the construction of the necessary extension of storm drain facilities to the extent such storm drain facilities are needed for the Hotel Project.
3.8.2. OWNER agrees that development of the Hotel Project shall require the construction of street improvements as described in Exhibit “E” and depicted in Exhibit “F”.
3.8.3. OWNER agrees that development of the Property shall require the extension of permanent water and recycled water improvements as described in Exhibit “E” and depicted in Exhibit “F” to serve the Property. OWNER also agrees that recycled water, if available, shall be utilized by OWNER for all construction-related water uses including prior to, and during, any grading of the Property. CITY agrees to work with OWNER to the construction and installation of the non-potable reuse system (“Reuse System”), and OWNER acknowledges that the Reuse System is subject to submittal to and approval by the State Regional Water Quality Control Board.
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3.8.4. OWNER agrees that development of the Property shall require the sewer improvements, at OWNER’S sole cost and expense, subject to the terms of this Agreement, as described in Exhibit “E” and depicted in Exhibit “F”.
3.8.5. If imposed by CITY as a condition of approval for the Hotel Project, prior to the issuance of building permits for the Hotel Project, CITY agrees to enter into an agreement with San Bernardino County Flood Control District (“Flood Control”) for fire access by emergency, fire and first responders vehicles and personnel on the east side of the Property boundary using the existing San Bernardino County Flood Control District’s Access Road. Any modifications to the entitlement landscape plans to address Flood Control’s requirements will be made to the landscape construction documents that will become part of the Development Plan. If the proposed alternative emergency access is determined to be unfeasible by the CITY, OWNER shall be responsible for providing a revised access plan that ensures sufficient access for Fire Department and other emergency vehicles and personnel to service the east tower of the Hotel Project to the satisfaction of the Fire Department and the CITY. CITY agrees to work cooperatively with OWNER to adjust the landscaping plan on the Property to ensure sufficient access for Fire Department and other emergency vehicles and personnel to service the east tower of the Hotel Project to the satisfaction of the Fire Department.
3.9. 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 Development Plan to construct any public improvement on land not owned by OWNER (“Offsite Improvements”), OWNER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements (the “Offsite Property”).
3.9.1. CITY Acquisition of Offsite Property. In the event OWNER is unable, after exercising reasonable and good faith efforts, including, but not limited to, the rights under Sections 1001 and 1002 of the Civil Code, to acquire the Offsite Property necessary for the construction of the Offsite Improvements, and following the written request by OWNER to CITY, CITY agrees to take reasonable and good faith efforts to acquire the 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 Offsite Property by negotiation within thirty (30) days after OWNER’S written request, CITY shall, in accordance with the procedures established by law, use its power of eminent domain to acquire the required Offsite 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 Offsite Property, subject to approval by the City Council and the conditions set forth in this Section 3.9.1. CITY and OWNER acknowledge that the timelines set forth in this Section 3.9.1 represent the maximum time periods which CITY and OWNER reasonably believe will be necessary to complete the acquisition of any Offsite Property. CITY agrees to use reasonable 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. OWNER shall pay all costs associated with such acquisition or condemnation proceedings for the required real property interests. This Section 3.9.1 is not intended by the parties to impose upon OWNER an enforceable duty to acquire land or construct any public improvements on land not owned by OWNER, except to the extent that OWNER elects to proceed with the development of the Hotel Project, and CITY is prevented by applicable law from acquiring such Offsite Property, and then 5965
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only in accordance with valid conditions imposed by CITY upon the development of the Hotel Project under the Subdivision Map Act (California Government Code Section 66410 et seq.), or other legal authority.
3.9.2. 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 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 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 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 CITY may proceed to consider and act upon the 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 Offsite Property.
3.10. 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 CITY.
4. PUBLIC BENEFITS.
4.1. Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on OWNER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on OWNER by providing more fully for the satisfaction of the public needs resulting from the Project.
4.2. Development Impact Fees.
4.2.1. Amount and Components of Development Impact Fees. 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.
(a) Schools Obligations. OWNER shall satisfy its school obligations with the applicable school district by paying school impact fees. Written evidence of approval by 5966
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the applicable school district that OWNER has met its school obligations may be required by CITY as the condition to the issuance by CITY of any building permits for the Hotel Project. (b) Inland Empire Utilities Agency (“IEUA”) Sewer Connection Fees.
OWNER shall satisfy the applicable obligations by paying IEUA fees.
4.2.2. Time of Payment. Development Impact Fees shall be paid to CITY prior to the issuance of any building permits for the Hotel Project. Notwithstanding the foregoing, deferral of the payment of any Development Impact Fees that are imposed by CITY may be granted pursuant to a separate agreement approved by CITY in accordance with Section 4.2.3 below and CITY policy. The parties understand and agree that the Development Impact Fees established or imposed by other public agencies that are not controlled by CITY even if such Development Impact Fees may be collected by CITY (including without limitation, if applicable, the Inland Empire Utilities Agency Sewer Connection Fees, Ontario-Montclair School District (K-12) Fees, Cucamonga School District and Chaffey Joint Union High School Fees) (collectively, the "Non-Deferrable Fees") must be paid when and as required in their standard course and schedule and may not be deferred hereunder. The DIF payment obligation shall be a covenant running with the land and shall survive the expiration or early termination of this Agreement indefinitely until the deferred DIFs are paid in full in accordance with this Agreement in the event that any of the above criteria or conditions have not been satisfied by the OWNER or the Deferral DIF Agreement in the event that OWNER elects to defer the CITY imposed DIF.
4.2.3. Election to Defer DIF imposed by CITY.
(a) OWNER shall have the right to elect (but is not obligated) to amortize the payment of up to fifty percent (50%) of the total amount of the Development Impact Fees that are due and payable for the Hotel Project (the amount so elected, the “Deferred DIF”) over a period of thirty (30) years commencing from the Deferred DIF Repayment Date at an annual four percent (4%) simple interest rate. As used herein, “Deferred DIF Repayment Date” means the date of the issuance of a temporary or other certificate of occupancy for the Hotel Project and the Effective Date for DIF Deferral Agreement (as described below). For the avoidance of doubt, any of the Non-Deferrable Fees shall not be included in the amount that can be deferred; however, the amount of such Non-Deferrable Fees may be included in the calculation of the total amount of Development Impact Fees due and payable for the Hotel Project only for the purposes of calculating the fifty percent (50%) amount that OWNER may elect to defer as Deferred DIFs. By way of example only, if the amount of the DIFs imposed by the CITY are $2,500,000 and the amount of the Non-Deferrable Fees imposed by other agencies are $3,500,000, then the total amount of Development Impact Fees equal $6,000,000. Even though fifty percent of $6,000,000 is $3,000,000, the OWNER may only elect to defer up to $2,500,000, the amount of the CITY-imposed DIF. The $3,500,000 Non-Deferrable Fees imposed by other agencies are still due and payable as required in their standard course and schedule and may not be deferred hereunder. If OWNER elects to defer the payment of the DIF pursuant to this Section 4.2.3, then OWNER and CITY shall enter into a DIF Deferral Agreement that shall be executed with notarized signatures and recorded against the Property in the Official Records of the County of San Bernardino within five (5) days after full execution by the Parties.
(b) The DIF Deferral Agreement shall contain the following key terms: OWNER agrees that, commencing upon the Deferred DIF Repayment Date, OWNER 5967
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shall pay to the CITY, on the 1st day of the next following month and each and every successive month for three hundred sixty (360) consecutive months, an amount equal to the amortized principal and interest of the actual amount of the Deferred DIFs amortized over thirty (30) years at an annual 4 percent (4%) simple interest rate, without demand, notice or offset. The entire unpaid principal balance of the amortized Deferred DIFs and any accrued but unpaid interest shall be immediately due and payable to the CITY upon the occurrence of any of the following events: (1) the termination of this Agreement; (2) any uncured default by OWNER with regard to repayment of the amortized Deferred DIFs to the CITY (if such amounts have not been paid to the CITY within five (5) business days of OWNER'S receipt of written notice from the CITY); or (3) any sale, transfer or assignment of all or substantially all of the OWNER'S leasehold or fee interest (as applicable) in the Property that is not approved by the CITY in advance (which such approval shall not be unreasonably withheld, conditioned or delayed). Any monthly payment or portion thereof not paid to the CITY as and when due under the terms of this Agreement or the DIF Deferral Agreement shall accrue interest from the date on which such payment was due at the rate of ten percent (10%), and if not paid within the five (5) business day cure period described above, CITY may file a lien against the Property for such delinquent amounts including any accrued and unpaid interest. All payments under this Subsection will be applied first to penalties and late fees, then to interest, then to reduce the principal amount owed. The Deferred DIFs and any accrued but unpaid interest may be pre-paid to the CITY at any time without any pre-payment penalty.
(c) The Deferred DIF payment obligation shall be a covenant running with the land and shall survive the expiration or early termination of this Agreement indefinitely until the Deferred DIFs are paid in full in accordance with this Agreement or the DIF Deferral Agreement.
4.3. Responsibility for Construction of Public Improvements.
4.3.1. Timely Construction of Public Infrastructure. The phasing of the area wide infrastructure construction within the vicinity of the Hotel Project must be as approved by CITY. OWNER shall be responsible for the timely construction and completion of all public infrastructure required as a condition of approval for the Hotel Project as shown on the attached Exhibit “F” and any and all Hotel Project development conditions included in the Development Approvals. Unless otherwise specified in the Development Plan, all other required Improvements for the Hotel Project, shall be completed and operational for occupancy in accordance with a schedule approved by CITY and OWNER. All Infrastructure and Improvements shall be completed as required by the Development Plan.
4.3.2. Construction of DIF Program Infrastructure. To the extent OWNER is required to construct and completes construction of public improvements that are included in CITY’S Development Impact Fee Program, CITY agrees that CITY shall issue DIF Credit in accordance with the provisions of a separate Fee Credit Agreement between CITY and OWNER.
Limitations on the use of DIF Credit issued to OWNER to offset OWNER’S DIF payment obligations shall also be subject to the provisions of a separate Fee Credit Agreement. CITY and OWNER agree that the Fee Credit Agreement between CITY and OWNER shall comply with CITY’S adopted policies applicable to such agreements.
4.4. Hotel Requirements. To balance any private benefit conferred upon OWNER under this Agreement, OWNER agrees to provide the following as consideration for such private 5968
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benefits:
4.4.1. For the duration of operating the Hotel that will be constructed as part of the Hotel Project, OWNER will maintain or caused to be maintained a booking policy that allows the Visitor and Convention Bureau to reserve a minimum number of hotel rooms to secure a convention;
4.4.2. OWNER will diligently pursue and demonstrate substantial progress to construct the Hotel to completion within the time periods provided in the Development Plan and this Agreement.
4.4.3. The new Hotel must:
(a) have at least [500] rooms;
(b) be a full-service convention hotel such that it will contain (i) appropriate meeting space for the number of hotel rooms; (ii) a full service bar; and (iii) at least one three meal restaurant on premises;
(c) must be a major brand; no non-brand affiliations, but may be associated with a brand that appears on at least _____ other properties worldwide (d) be located on the Property, which is in the “Convention CenterHotel District,” which will soon be established and would generally be defined as the area bounded by Corona Avenue to the west, Turner Avenue to the east, I-10 to the north, and the BNSF railroad to the south.
4.5. Taxes. The Hotel Project will provide substantial public benefits from the increase in property taxes, retail sales taxes, transient occupancy taxes and parking taxes. The purpose of this section is to establish the terms and conditions under which CITY will rebate or reimburse a certain volume of gross tax revenue comprised of the Transient Occupancy Taxes and Parking Taxes (collectively referred to as the “Taxes”) for a set period of years, provided certain conditions are met by OWNER and pursuant to the terms and conditions in this Section
4.5. The rebate or reimbursement is intended to support the financial feasibility of the Hotel Project and encourage economic growth within the City of Ontario. OWNER would not enter into this Agreement and take the risk of the Hotel Project without the provisions of this Section
4.5. The rebate or reimbursement of Taxes to OWNER provided in Section 4.5.1 shall be considered material consideration by CITY for OWNER to encourage OWNER to incur the significant risk and liability in connection with the Hotel Project and to encourage and facilitate economic growth in the City of Ontario.
4.5.1. Covenant to Rebate/Reimburse. CITY and OWNER agree that OWNER shall be entitled to the rebate and reimbursement of the Taxes on an annual basis commencing upon the date the Hotel opens for business to the public and continuing until the earlier of (a) the twentieth (20th) anniversary of such opening date of the Hotel, or (b) the date that the Taxes rebated and received by OWNER meets the fifty percent (50%) of the Total Project Costs threshold, which rebate and reimbursement period shall be extended on a day for day basis for each day following the date that the Hotel opens for business that the Convention Center Project is not completed; but such rebate and reimbursement period shall not exceed thirty (30) years from the Effective Date. The rebate and reimbursement of Taxes will occur by CITY providing an annual rebate of such tax revenue to OWNER, without offset, deduction or abatement, up to limits provided in this Section 4.5.1.
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4.5.2. Accounting and Audits. OWNER shall provide to CITY with all the necessary documentation to substantiate the amount of TOT and Parking Taxes otherwise collectable each year of the Covenant Period. CITY reserves the right to audit the books and records of OWNER exclusively related to the Total Project Costs and TOT, provided that (a) such audit shall not occur more than once in any twelve month period, (b) such audit shall be performed not later than ninety (90) days following the date OWNER delivers to CITY such documentation and (c) such auditor shall be a national and reputable auditor and not compensated in whole or part on a contingency basis, including any incentive payment based on a percentage of savings or revenues. OWNER shall make such records available to CITY upon reasonable written notice during such audit period.
4.6. Maintenance of Open Space. OWNER shall provide for ongoing maintenance of all parks, common areas, and open space areas within the Hotel Project as may be set forth in the Development Approvals.
4.7. Compliance with Public Benefits Requirements. In the event Owner fails or refuses to comply with any condition referenced in Section 4.1 through 4.6, or challenges (whether administratively or through legal proceedings) the imposition of such conditions, OWNER shall be deemed in default of this Agreement pursuant to Section 7. below, thereby entitling the CITY to any and all remedies permitted under this Agreement, including, without limitation, the right of the CITY to withhold OWNER'S Project-related building permits, certificates of occupancy, or discretionary approvals, without liability.
4.8. City Improvements. Notwithstanding anything to the contrary in this Agreement, it shall be a condition of CITY’S obligations, if such obligation exists in this Agrement, to acquire, design, develop, construct and operate the Convention Center Project that CITY completes all actions and procedures necessary to complete a public project, including without limitation, satisfying the requirements of the California Environmental Quality Act and applicable laws for a public work project and is subject to the availability and sufficiency of funding by the CITY, as determined by CITY in its sole discretion and good faith judgment.
4.8.1. Convention Center Expansion. (Still under negotiation).
4.8.2. Pedestrian Bridge. A pedestrian bridge (“Bridge”) spanning Holt Boulevard is estimated to cost $6.5M. This cost to design and maintain the Bridge shall be at CITY’S cost and expense. The cost to construct the Bridge, not to exceed such estimated cost, shall be split equally between CITY and OWNER if, and only if, the Bridge is completed and open to the public by December 31, 2026; otherwise, CITY will bear one hundred percent of the cost to construct the Bridge. Notwithstanding the aforementioned agreement to share the cost of to construct the Bridge, CITY retains and shall have all rights and sole discretion to design and construct such improvements on CITY’S timing for and scope of the completion of the bridge improvements that has been determined by CITY.
4.8.3. Guasti Road. CITY agrees to make road improvements Guasti Road adjacent to the Property in accordance with CITY standards for road improvements. CITY retains and shall have all rights and sole discretion to design and construct such improvements on CITY’S scope of the completion of the road improvements on Guasti Road that has been determined by CITY. OWNER shall complete the improvements on the parkway behind the curb and gutter as shown on Exhibit “B”.
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4.8.4. Holt Boulevard. CITY agrees to make road improvements to Holt Boulevard adjacent to the Property in accordance with CITY standards for road improvements.
CITY retains and shall have all rights and sole discretion to design and construct such improvements on CITY’S timing for and scope of the completion of the road improvements on Holt Boulevard that has been determined by CITY. OWNER shall complete the improvements on the parkway behind the curb and gutter as shown on Exhibit “B”.
4.8.5. Cucamonga Creek Flood Control Channel. Improvements to the Cucamonga Creek Flood Control Channel is not part of CITY’S Capital Improvement Program.
To include any such improvements to CITY’S Capital Improvement Program, CITY shall have the right and sole discretion to design and construct such improvements on CITY’S timing and scope that has been determined by CITY.
4.9. Acquisition Properties. The acquisition of any of the Surrounding Properties or the Miller Property are subject to compliance with all applicable laws and regulations, including but not limited to, laws pertaining to land use approvals, subdivisions of land, budgetary considerations, environmental reviews and the acquisition and disposition of real property by CITY and any subsequent required discretionary approvals by the City Council of the CITY.
Nothing contained herein this Section 4.9 of the Agreement shall mean that CITY is set on a certain course or action pertaining to the acquisition of any or all of the Surrounding Properties or the Miller Property.
4.9.1. Surrounding Properties. CITY is exploring and assessing the feasibility of establishing an entertainment and convention district, located generally around the Ontario Convention Center (“Convention Center”), the Ontario International Airport (“Airport”) and the Property, which may be comprised of a mix of high density residential housing, entertainment, retail, hospitality and commercial office-oriented uses. This may include the acquisition of several properties in the areas and certain capital improvements and infrastructure as part of the overall vision of creating key destination areas and high end amenities in this community to promote economic growth and development, whereby a number of properties surrounding the Convention Center have been preliminarily identified as potential sites for public purposes, as depicted in Exhibit “H-1” (individually or collectively, as applicable, “Surrounding Property”).
In the event that CITY acquires any real property interest in the Surrounding Property located near the Convention Center , CITY conditionally grants OWNER, and OWNER shall have, a conditional first right of refusal to purchase any such Surrounding Property (whether now or later owned by CITY), subject to all applicable laws and regulations that must be complied with, including but not limited to, laws pertaining to land use approvals, subdivisions of land, budgetary considerations, environmental reviews and the acquisition and disposition of real property by CITY and provided the parties enter into a separate agreement or agreements for any Surrounding Property, subject to any subsequent required discretionary approvals by the City Council of the CITY. Notwithstanding the foregoing, the CITY retains all rights and discretion to use any or all of any acquired Surrounding Property for its own uses and purposes. Nothing contained herein this Agreement shall mean that CITY is set on a certain course or action pertaining to the Surrounding Property shown on Exhibit “H-1”, nor does it obligate CITY to purchase any of the Surrounding Property shown on Exhibit “H-1”, nor does it mean that CITY would be liable to OWNER should CITY not acquire any of the real property interests of said Surrounding Property shown on Exhibit “H-1”.
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4.9.2. Miller Property. (Still under negotiation). Property identified as Exhibit “H-1”.
(a) Reservation of CITY Discretion. If CITY is unable to negotiate the purchase of the Miller Property between itself and the Miller Property owners, CITY may consider initiating eminent domain proceedings to acquire the Miller Property, subject to and in accordance with all applicable laws and procedures. It is expressly acknowledged, understood and agreed by the Parties that CITY undertakes no obligation to adopt any resolution of necessity, and does not prejudge or commit to any person regarding the findings and determinations to be made by CITY with respect to any resolution of necessity. If CITY does not elect to or is unable to acquire title or the insurable right to possession of the Miller Property through exercise of its power of eminent domain or by negotiated purchase on or before [DATE], the Parties shall meet and confer for ninety (90) days to discuss in good faith alternative deal structures. If no such alternative is approved by the Parties within such ninety (90) day period, the Parties shall have no further obligations or liability to the other Party or to any person relative to the terms of this Section 4.9.2 in this Agreement and neither OWNER nor CITY shall be in Default under this Agreement.
(b) Independent Contract Consideration. Upon the Effective Date of this Agreement, OWNER shall deliver to CITY the sum of one hundred dollars ($100.00) (“Independent Contract Consideration”), which amount has been bargained for and agreed to as adequate consideration for OWNER’S option to purchase the Miller Property, or any portion thereof, during the time periods provided in Section 4.9.2 above and for CITY’S execution, delivery and performance of this Agreement. The Independent Contract Consideration is in addition to and independent of all other consideration provided in this Agreement and is nonrefundable to OWNER in all events.
(c) Exercise of Option. OWNER may exercise the Option, if at all, by delivering notice to CITY of OWNER’S intent to exercise the Option (the “Option Exercise Notice”). Upon CITY’S receipt of the Option Exercise Notice, the parties shall enter into a purchase and sale agreement for the applicable Option Property at the Option Price described below and on other terms and provisions consistent with the terms by which CITY acquired the Miller Property.
4.9.3. Insufficient Funds for Acquisition of Properties. In the event that CITY determines, in CITY’S sole and exclusive discretion, that CITY does not have sufficient funds to purchase any or all of the Surrounding Properties or the Miller Property, CITY shall provide Notice to OWNER of the amount that CITY requires to complete the acquisition of the Surrounding Properties or the Miller Property. OWNER may, but shall not be obligated to, provide the funds necessary to complete the acquisition of the Surrounding Properties or the Miller Property. If CITY determines that it has insufficient funds to acquire the Surrounding Properties or the Miller Property and Developer does not provide the funds necessary for CITY to acquire the Surrounding Properties or the Miller Property, CITY shall not be in default under this Agreement and shall be without liability to OWNER.
4.10. Signage. OWNER shall have the right to install and maintain or cause to be installed and maintained signage throughout the Hotel Project, and on improvements throughout the Hotel Project and other portions of the Specific Plan Area controlled or occupied by OWNER or any affiliate thereof in accordance with the Sign Program set forth in the Specific 5972
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Plan and as shown on the Development Plan, including the right to engage in advertising and marketing using display messages or images, utilizing a series or grid of lights that may, be changed by electronic means, including without limitation cathode ray, LED display, plasma screen, liquid crystal display (LCD), LED embedded, architectural glass fiber optic, or other electronic media or technology.
5. FINANCING OF PUBLIC IMPROVEMENTS.
5.1. Financing Mechanism(s). If deemed appropriate and acceptable to OWNER in its sole and absolute discretion based on its feasibility for the Hotel Project, CITY and OWNER will cooperate in the formation of any special assessment district, community facilities district or alternate financing mechanism to pay for the construction and/or maintenance and operation of public infrastructure facilities or Improvements required as part of the Development Plan. CITY also agrees that, to the extent any such district or other financing entity is formed and sells bonds in order to finance such infrastructure or Improvements, OWNER may be reimbursed to the extent that OWNER spends funds or dedicates land for the establishment of public facilities.
Notwithstanding the foregoing, it is acknowledged and agreed by the parties that nothing contained in this Agreement shall be construed as requiring OWNER or CITY to form any such district or to issue and sell bonds.
6. REVIEW FOR COMPLIANCE.
6.1. Periodic and Special Reviews.
6.1.1. Time for and Initiation of Periodic Review. CITY shall review this Agreement every twelve (12) months from the Effective Date in order to ascertain the good faith compliance by OWNER with the terms of this Agreement. The OWNER shall submit an Annual Monitoring Report to CITY, in a form reasonably 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 thirty (30) days after the receipt of the Annual Monitoring Report, CITY shall review the Annual Monitoring Report. Prior to the expiration of the thirty (30) 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. If CITY does not issue a notice of non-compliance within such thirty (30) day period, CITY shall be deemed to have issued a notice of compliance only for that year of review and shall not apply to any subsequent, future years in which a review and monitoring by be conducted by CITY.
6.1.2. Initiation of Special Review. A special review may be called either by agreement between the parties or by initiation in one or more of the following ways:
(a) Affirmative vote of at least four (4) members of the Planning Commission; or
(b) 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 CITY intends to undertake a special review of this Agreement to 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. 5973
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6.1.4. Public Hearing. The Planning Commission shall conduct a hearing at which OWNER must demonstrate good faith compliance with the terms of this Agreement. The burden of proof on this issue is upon OWNER.
6.1.5. Findings Upon Public Hearing. The Planning Commission shall determine upon the basis of substantial evidence whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Agreement.
6.1.6. Procedure Upon Findings.
(a) If the Planning Commission finds and determines on the basis of substantial evidence that 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 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 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), CITY determines to proceed with modification or termination of this Agreement, CITY shall give notice to the property OWNER of its intention so to do. The notice shall be given at least ten (10) calendar days prior to the scheduled hearing and contain:
6.2.1. The time and place of the hearing;
6.2.2. A statement as to whether or not CITY proposes to terminate or to modify this Agreement; and
6.2.3. Other information that CITY considers necessary to inform 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, 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 OWNER. If the City Council finds, based upon substantial evidence in the administrative record, that 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 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 5974
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of the finding of compliance, shall state whether the Certificate is issued after a Periodic or Special Review and shall state the anticipated date of commencement of the next Periodic Review. OWNER may record the Certificate with the County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or OWNER, CITY shall not be bound by a Certificate if a default existed at the time of the Periodic or Special Review, but was concealed from or otherwise not known to the Planning Director or City Council.
7. DEFAULT AND REMEDIES.
7.1. 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. 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.
7.2. Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non-monetary relief are particularly appropriate remedies for the enforcement of certain rights set forth in this Agreement and should be available for the following reasons:
7.2.1. Money damages are unavailable against CITY as provided in Section 7.1 above.
7.2.2 Due to the size, nature and scope of the Hotel 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 Hotel Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Hotel 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.
7.3. Release. Except for nondamage remedies, including the remedy of specific performance and judicial review as provided for in Sections 7.2 and 6.3, respectively, OWNER, for itself, its successors and assignees, hereby releases CITY, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon CITY because it entered into this Agreement or because of the terms of this Agreement.
7.4. 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 5975
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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.
7.5. 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.
8. THIRD PARTY LITIGATION.
8.1. 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.
8.2. Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including reasonable attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall defend, at its expense, including reasonable attorneys’ fees, indemnify, and hold harmless OWNER, its agents, officers and employees from any claim, action or proceeding against OWNER, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. The parties shall promptly notify each other of any such claim, action or proceeding, and shall cooperate in the defense.
8.3. Indemnity. In addition to the provisions of Section 8.2 above, OWNER shall indemnify and hold CITY, its officers, agents, employees and independent contractors free and harmless from any liability whatsoever, resulting from the negligence or willful misconduct 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 to the extent of any claims for damages arising through the negligence or willful misconduct of 5976
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CITY or any of its officers, employees, subcontractors and independent contractors. CITY shall cooperate with OWNER in the defense of any third party legal action.
8.4. Environment Assurances. OWNER shall indemnify and hold CITY, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any negligent 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 the industrial hygiene or to environmental conditions on, under or about the Property, not complying with applicable law 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 negligent act or omission. CITY shall cooperate with OWNER in the defense of any third party legal action.
8.5. Survival. The provisions of this Sections 8.1 through 8.5, inclusive, shall survive the termination of this Agreement.
9. MORTGAGEE PROTECTION.
The parties hereto agree that this Agreement shall not prevent or limit OWNER, in any manner, at OWNER’S sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that the Mortgagees 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:
9.1. 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.
9.2. 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 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.
9.3. 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.
9.4. 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 5977
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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.
9.5. Notwithstanding anything to the contrary in this Agreement, it shall be a condition of OWNER’S obligations to develop, construct and operate the Hotel Project that OWNER obtains construction financing from a Mortgage on commercially reasonable terms and provisions that make the Hotel Project feasible as determined by OWNER in its good faith judgment.
10. MISCELLANEOUS PROVISIONS.
10.1. 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 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 CITY terminates or modifies the agreement as provided for herein and in Government Code Section 65865.1 for failure of the applicant to comply in good 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.
10.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the matters addressed in this Agreement, 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.
10.3. 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.
10.4. 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.
10.5. Section Headings. All section headings and subheadings are inserted for 5978
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convenience only and shall not affect any construction or interpretation of this Agreement.
10.6. Singular and Plural. As used herein, the singular of any word includes the plural.
10.7. 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 public or otherwise as an ultimate user shall have any obligation under this Agreement except as provided under Section 4 hereof.
10.8. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.
10.9. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.
10.10. 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.
10.11. 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, pandemics, 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), means the (i) the unavailability of labor or supplies; a governmental moratorium or similar prohibition on construction; or a major disruption to the national, regional or international economies, capital markets and/or real estate markets 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 shall be extended by the 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.
10.12. 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.
10.13. 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.
10.14. 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 5979
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had executed the same instrument.
10.15. 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.
10.16. Hotel Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Hotel Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.
10.17. 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 CITY.
10.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.
10.19. 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).
10.20. 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 5980
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been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding party alleges that specified (date and nature) defaults exist.
The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification except as may be represented by the requesting party and that there are no uncured defaults in the performance of the requesting party, except as may be represented by the requesting party. OWNER shall pay to CITY all costs not to exceed $5,000, incurred by CITY in connection with the issuance of estoppel certificates under this Section 10.20 prior to CITY’S issuance of such certificates.
10.21 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.
10.22 Prevailing Wage. OWNER, for itself, and shall pass such obligation down to its successor 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, applicable state prevailing wage requirements pursuant to Labor Code Sections 1720 et seq. and 1770 et seq., and the regulations pursuant thereto, (“Prevailing Wage Laws”)), and all obligations as set forth herein with respect to any work performed on the Property and for the Hotel Project. CITY makes no representations concerning prevailing wages in compliance with California Labor Code Section 1770 et seq. OWNER acknowledges and agrees that it shall be responsible for reviewing the applicable laws and regulations with respect to the payment of prevailing wages and complying therewith. OWNER shall be solely responsible for determining and effectuating compliance with such laws. 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, with respect to the construction of improvements on the Property and the Hotel Project. OWNER shall indemnify, hold harmless and defends CITY, its officials, officers, employees, agents, from any and all claims, liabilities, penalties, damages, judgments, costs, expenses, and fees arising from, or out of, the acts or omissions of OWNER or any failure to comply with all applicable laws, rules or regulations pertaining to the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement and shall continue after completion of the construction and development of the Hotel Project on the Property.
[SIGNATURES CONTAINED ON FOLLOWING PAGE]
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SIGNATURE PAGE
TO DEVELOPMENT AGREEMENT NO. PDA ______________
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below.
"CITY"
CITY OF ONTARIO, a California municipal
corporation
By:________________________
Scott Ochoa
City Manager
Date: ___________________
ATTEST:
__________________________
City Clerk, Ontario
"OWNER"
DIVERSIFIED PACIFIC DEVELOPMENT
GROUP, LLC
A California limited liability company
By: ________________________
Name:
Its: ______________________
Date: ___________________
APPROVED AS TO FORM:
BEST BEST & KRIEGER, LLP
___________________________
City Attorney
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35 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. 5983
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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. 5984
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\43030337.4
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EXHIBIT "A"
TO DEVELOPMENT AGREEMENT
LEGAL DESCRIPTION OF THE PROPERTY
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EXHIBIT "B"
TO DEVELOPMENT AGREEMENT
MAP SHOWING PROPERTY AND ITS LOCATION
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EXHIBIT "C"
TO DEVELOPMENT AGREEMENT
EXISTING DEVELOPMENT APPROVALS
On _______________________, the Planning Commission:
a) Issued Resolution No. ____________ recommending City Council adopt and certify the __________________Specific Plan Environmental Impact Report (SCH #______________________).
b) Issued Resolution No. _______________ recommending City Council approval of the ______________ Specific Plan (PSP_________).
On ___________________, the City Council:
a) Issued Resolution No. __________________ certifying the _________________ Specific Plan Environmental Impact Report.
On __________________, the City Council:
a) Issued Ordinance No. ________________ approving the _________________Specific Plan (PSP___________).
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EXHIBIT "D"
TO DEVELOPMENT AGREEMENT
EXISTING LAND USE REGULATIONS
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EXHIBIT "E"
TO DEVELOPMENT AGREEMENT
DESCRIPTION OF REQUIRED IMPROVEMENTS
OWNER shall design, construct, and complete all improvements including but not limited to sewer, water, recycled water, storm drain, fiber, and street improvements necessary to serve the Property, prior to the request of any _________.
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EXHIBIT "F"
TO DEVELOPMENT AGREEMENT
DEPICTION OF REQUIRED IMPROVEMENTS
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EXHIBIT “H-1”
DEPICTION OF SURROUNDING PROPERTY
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EXHIBIT “H-2”
DEPICTION OF MILLER PROPERTY
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EXHIBIT “I”
CONCEPTUAL DEPICTION OF CONVENTION CENTER EXPANSION
5994
RESOLUTION NO. PC25-008
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE
FILE NO. PSP23-001, A SPECIFIC PLAN (EMPIRE GROVES) TO
ESTABLISH THE LAND USE DISTRICT, DEVELOPMENT STANDARDS,
GUIDELINES, AND INFRASTRUCTURE IMPROVEMENTS FOR THE
DEVELOPMENT OF UP TO 600,000 SQUARE FEET OF HOSPITALITY AND COMMERCIAL LAND USES ON 10.43-ACRES OF LAND LOCATED
ON THE SOUTHEAST CORNER OF GUASTI ROAD AND HOLT
BOULEVARD AND MAKING FINDINGS IN SUPPORT THEREOF—APN:
110-322-33
WHEREAS, Diversified Pacific Development Group, LLC (hereinafter referred to as "Applicant") has filed an Application for the approval of a Specific Plan, File No. PSP23- 001, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 10.43 acres of land generally located on southeast corner of Guasti Road and Holt Boulevard, within the proposed Empire Groves Specific Plan; and
WHEREAS, the properties to the north of the Project site are within the CCS (Convention Center Support Commercial) zoning district, and are developed with offices and hotel. The property to the east is within the UC (Utilities Corridor) zoning district and is developed with a flood control channel. The property to the south and west is within the CCS (Convention Center Support Commercial) zoning district, and is developed with hotel; and
WHEREAS, the Empire Groves Specific Plan serves to implement the City’s Policy Plan for the project site and provides zoning regulations for development of the Project site by establishing permitted land uses, development standards, infrastructure requirements, and implementation requirements for the development of 10.43 acres within the Specific Plan boundaries. The Empire Groves Specific Plan proposes a land use plan that includes one Planning Area for the Project site, the Hospitality Mixed Use (PA1); and
WHEREAS, the Hospitality Mixed-Use combines hotel uses, ancillary services and amenities with local-serving commercial uses on a single property. At buildout, the total development allowed for the project site will be 600,000 square feet; and WHEREAS, the Hotel use is the primary component of Hospitality Mixed-Use and will occupy the majority of the FAR of the development (553,124 square feet). The hotel use includes 600 guest rooms, office space for hotel administration, and may also include 5995
Planning Commission Resolution
File No. PSP23-001
February 25, 2025
ancillary uses such as restaurants, bars, lounges, day spas, gyms, ballrooms and meeting rooms; and
WHEREAS, the local-serving retail uses (46,876 square feet) will occupy a smaller portion of the project site FAR. The local serving retail uses will be stand-alone uses not affiliated with the hotel and these businesses may include a combination of coffee shops, restaurants and retail that complement the hotel and convention center; and WHEREAS, the Ontario Plan 2050 Supplemental Environmental Impact Report (State Clearinghouse No. 2021070364) was certified on August 16, 2022 (hereinafter referred to as "Certified EIR"), in which development and use of the Project site was discussed; and
WHEREAS, the Planning Director of the City of Ontario prepared and approved for attachment to the certified Environmental Impact Report, an Addendum to the Certified EIR (hereinafter referred to as "EIR 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 environmental impacts of this Project were thoroughly analyzed in the EIR Addendum, which concluded that implementation of the Project could result in a number of significant effects on the environment that were previously analyzed in the Certified EIR, and that the Certified EIR identified mitigation measures that would reduce each of those significant effects to a less-than-significant level; 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, the Application is a project pursuant to the California Environmental Quality Act — Public Resources Code Section 21000 et seq. — (hereinafter referred to as "CEQA") and an EIR Addendum has been prepared to determine possible environmental impacts; and
WHEREAS, Ontario Development Code Table 2.02-1 (Review Matrix) grants the Planning Commission the responsibility and authority to review and make a recommendation 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 2050, as State Housing Element law (as prescribed in Government Code Sections 65580 through 65589.8) requires that development projects must be consistent with the Housing Element, if upon 5996
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File No. PSP23-001
February 25, 2025
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, as the first action on the Project, on February 25, 2025, the Planning Commission issued a Resolution recommending the City Council adopt the EIR Addendum, finding that the proposed Project introduces no new significant environmental impacts and applying all previously adopted mitigation measures to the Project, which were incorporated by reference; 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 body for the Project, the Planning Commission has reviewed and considered the information contained in the Addendum, the initial study, and the administrative record for the Project, including all written and oral evidence provided during the comment period. Based upon the facts and information contained in the Addendum, the initial study, and 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 TOP 2050 Supplemental Environmental Impact Report (State 5997
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February 25, 2025
Clearinghouse No. 2021070364), certified by the Ontario City Council on August 16, 2022, in conjunction with File No. PGPA20-002; and
(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 EIR 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: Subsequent or Supplemental Environmental Review Not Required. Based on the EIR 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 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:
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(a) The Project will have one or more significant effects not discussed in the Certified EIR; or
(b) Significant effects previously examined will be substantially more severe than shown in the Certified EIR; or
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the Project, but the City declined to adopt such measures; or (d) Mitigation measures or alternatives considerably different from those analyzed in the Certified EIR would substantially reduce one or more significant effects on the environment, but which the City declined to adopt.
SECTION 3: Housing Element Compliance. Pursuant to the requirements of California Government Code Chapter 3, Article 10.6, commencing with Section 65580, as the recommending body for the Project, the Planning Commission finds that based upon the facts and information contained in the Application and supporting documentation, at the time of Project implementation, the Project is consistent with the Housing Element of the Policy Plan (General Plan) component of The Ontario Plan 2050, as the Project site is not one of the properties in the Housing Element Sites Inventory contained in Tables B-1 and B-2 of the Housing Element Technical Report.
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 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 5999
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that the Project, when implemented in conjunction with the conditions of approval, will be consistent with the policies and criteria set forth within the ONT ALUCP; and SECTION 5: Concluding Facts and Reasons. Based upon the substantial evidence presented to the Planning Commission during the above-referenced hearing, and upon the specific findings set forth in the Sections above, the Planning Commission hereby concludes as follows:
(1) The proposed Specific Plan, or amendment thereto, is consistent with the goals, policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of The Ontario Plan 2050. The 10.43 Empire Groves Specific Plan is suitable for a hotel/commercial mixed-use development and is consistent with the goals and policies, plans and exhibits of the Vision, Policy Plan (General Plan), and City Council Priorities components of TOP 2050. (2) The proposed Specific Plan, or amendment thereto, would not be detrimental to the public interest, health, safety, convenience, or general welfare of the City. The proposed Empire Groves Specific Plan is in conformance with the Land Use Policies and Goals of the Policy Plan and will provide standards and guidelines for the harmonious development of the Project site, in a manner consistent with the Policy Plan. The Specific Plan is proposing hotel/commercial mixed-use development for the
10.43 acre site, which is what is mandated by the land use plan of the Policy Plan; therefore, the proposed land uses will not be detrimental to the public interest, health, safety, convenience, or general welfare of the City because it will provide land uses that are consistent with the existing and future development of the surrounding area. (3) In the case of an application affecting specific property(ies), the proposed Specific Plan, or amendment thereto, will not adversely affect the harmonious relationship with adjacent properties and land uses. The proposed Specific Plan will establish a hotel/commercial land use, which aligns with the Project site and surrounding land uses planned in TOP 2050.
(4) In the case of an application affecting specific property(ies), the subject site is physically suitable, including, but not limited to, parcel size, shape, access, and availability of utilities, for the request and anticipated development.
Specific Plan will allow for hotel/commercial mixed-use on the subject site. When in conformance with the Specific Plan, the project site is suitable in size and shape, allows for sufficient access and availability of utilities to accommodate the anticipated development.
SECTION 6: Planning Commission Action. Based upon the findings and conclusions set forth in the Sections above, the Planning Commission hereby RECOMMENDS THE CITY COUNCIL APPROVES the herein described Application, 6000
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ATTACHMENT A:
File No. PSP23-001
Empire Groves Specific Plan
(Empire Groves Specific Plan follow this page)
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Empire Groves
SPECIFIC PLAN
City of Ontario, CA
February 2025
6004
2 City Council
Mayor Paul S. Leon
Mayor Pro Tem Alan D. Wapner
Council Member Debra Porada
Council Member Jim W. Bowman
Council Member Daisy Macias
Development/Applicant Team
Consultant Team
Michael Baker International
Kimley-Horn and Associates, Inc.
Gensler
Translutions, Inc.
SWA Group
City Staff
Rudy Zeledon, Executive Director, Community Development Agency Henry K. Noh, Planning Director
David F. Eoff, Principal Planner
Lorena Mejia, Senior Planner
6005
3 Contents
01 | INTRODUCTION................................................6
1.1 Project Location.............................................................7
1.2 The Vision......................................................................9
1.3 Specific Plan Purpose..................................................10
1.4 Community Benefits.....................................................10
1.5 California Environmental Quality Act Compliance....... 11
1.6 Project Objectives........................................................11
1.7 Specific Plan Authority and Requirements...................11
1.8 Relationship to Planning Documents............................12
1.9 Specific Plan Organization ..........................................15 02 | EXISTING CONDITIONS..................................16
2.1 Existing Land Use........................................................ 17
2.2 Existing General Plan Land Use...................................17
2.3 Existing Zoning............................................................19
2.4 Topography..................................................................20
2.5 Geology and Soils........................................................20
2.6 Flooding.......................................................................21
2.7 Noise Levels.................................................................23 03 | DEVELOPMENT PLAN......................................24
3.1 Introduction................................................................25
3.2 Land Use Plan..............................................................25
3.3 Circulation and Access.................................................27
3.4 Infrastructure Plan......................................................32
3.5 Community Services....................................................35 04 | DEVELOPMENT STANDARDS............................36
4.1 Introduction................................................................37
4.2 Development Standards..............................................37 05 | DESIGN GUIDELINES......................................42
5.1 Introduction................................................................43
5.2 Design Guidelines........................................................43 06 | IMPLEMENTATION..........................................54
6.1 Applicability.................................................................55
6.2 Severability..................................................................55
6.3 Interpretation..............................................................55
6.4 Development Review...................................................55
6.5 Financing.....................................................................55
6.6 Maintenance Responsibility.........................................55
6.7 Specific Plan Amendments..........................................55
6.8 CEQA Review................................................................57 APPENDIX A:
CONSISTENCY WITH GENERAL PLAN UPDATE.......58
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4 LIST OF FIGURES
Figure 1: Regional Project Location.......................................................................................7 Figure 2: Project Location - Local Context.............................................................................8 Figure 3: Vicinity Map...........................................................................................................8 Figure 4: Guasti District Extents - Community Design Element.............................................9 Figure 5: Compatibility Policy Map - Airport Protection Zones............................................14 Figure 6: Existing Site Aerial and Context Photos................................................................17 Figure 7: Existing General Plan Land Use............................................................................18 Figure 8: Existing Ontario Airport Metro Center Overlay......................................................18 Figure 9: Existing Zoning.....................................................................................................19 Figure 10: Topography.........................................................................................................21 Figure 11: Floodplain..........................................................................................................22 Figure 12: Dam Inundation.................................................................................................22 Figure 13: Noise Levels from Ontario Airport.......................................................................23 Figure 14: Land Use Map....................................................................................................25 Figure 15: Street Plan.........................................................................................................26 Figure 16: Street Section: East Guasti Road.......................................................................28 Figure 17: Street Section: Holt Boulevard and Bridge.........................................................28 Figure 18: Multipurpose Trails and Bikeways......................................................................29 Figure 19: Transit Access....................................................................................................30 Figure 20: BRT Route..........................................................................................................30 Figure 21: Specific Plan Area Potable Water Plan...............................................................32 Figure 22: Specific Plan Area Sewer Plan...........................................................................33 Figure 23: Specific Plan Area Recycled Water Plan............................................................34 Figure 24: Elevation Treatment...........................................................................................43 Figure 25: Vertical Elements Providing Continuity and Rhythm...........................................44 Figure 26: Site Access.........................................................................................................45 Figure 27: Specific Plan Area Landscaping Examples..........................................................47 Figure 28: Rooftop Landscaping Examples..........................................................................47 Figure 29: Examples of Paving Materials.............................................................................48 Figure 30: Shrubs and Ground Cover Palette.......................................................................49 Figure 31: Evergreen, Deciduous, Flowering, and Palm Tree Palette...................................50 Figure 32: Reeds and Grasses Palette.................................................................................51
LIST OF TABLES
Table 1: Buildout of Empire Groves Specific Plan...............................................................26 Table 2: Building Setbacks..................................................................................................38 Table 3: Allowable Land Uses.............................................................................................39 6007
56008
01 6
Introduction
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01 | INTRODUCTION 7
1.1 Project Location
The Empire Groves Specific Plan (project) site
is situated in the southeastern quadrant of the
intersection of East Holt Boulevard and East
Guasti Road in the City of Ontario. The Specific
Plan Area is a triangular plot of land spanning
10.43 acres.
To the north, it is bounded by Holt Boulevard,
while East Guasti Road runs along its southern
and southwestern edges. The eastern boundary
is defined by an existing flood channel and the
Cucamonga Creek Trail. To the south of the site
lies the Ontario International Airport, which is
separated by East Guasti Road, Airport Drive,
and a set of railroad tracks. The Specific Plan
Area has direct access from Interstate 10 (I-10),
situated to the north of the site.
Directly north of the Specific Plan Area, across
East Holt Boulevard, is the Frontier Center office
building and the Holiday Inn. To the northwest is
the Ontario Convention Center, and to the west
is the Ontario Gateway Hotel.
The regional project location is shown in Figure
1, while Figure 2 provides the local context.
There are several hotels, office buildings, and car
dealerships within a 1-mile radius of the Specific
Plan Area as seen in Figure 3. The Specific Plan
Area assessor’s parcel number is 11032233.
Figure 1: Regional Project Location
Source: Google Earth
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8 EMPIRE GROVES SPECIFIC PLAN
Source: Google Earth
Figure 2: Project Location - Local Context
Source: City of Ontario
Figure 3: Vicinity Map
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01 | INTRODUCTION 9
1.2 The Vision
The vision of the project is as follows:
“Establish a world-class hotel development that serves as a central hub, offering exceptional amenities, exclusive experiences, and a renowned brand. This hotel project will serve as a catalyst for the advancement of neighboring areas, fostering meaningful connections by promoting the revitalization of roadways and trails surrounding the Specific Plan Area.” The Specific Plan Area is part of the Guasti District, according to the Community Design Element (CD-05 Guasti District Place Type) of the General Plan (also called The Ontario Plan). The district is envisioned to preserve and enhance the historic buildings as the focal point of a vibrant mixed-use area. The district will include intense office, commercial, and lodging uses along the I-10 corridor, and appropriately scaled residential, office, commercial, and lodging near the Guasti Village historic district core. The multimodal mixed-use area within the Guasti District is intended to leverage proximity to the future multimodal transportation center and link the Ontario Convention Center, Guasti compound , and Ontario International Airport through strong physical and visual design.
Further, the Guasti District is adjacent to the Entertainment District to the east, which is envisioned as a large-scale regional entertainment hub, leveraging attractions such as the Toyota Arena and Ontario Mills, and supported by a variety of retail and dining options alongside high-intensity office and residential development. This area will evolve into a walkable urban center through the addition of mixed-use infill development, a pedestrian-oriented road and trail network, key public realm improvements, and multiple transit options.
The critical infrastructure surrounding the Specific Plan Area provides connectivity between these districts and other parts of the City and includes easy access to I-10, major arterial streets, Ontario station, planned airport loop, existing BRT lines, Metrolink lines, and the airport. The development in the Specific Plan Area could spur future growth in the area and encourage further infrastructure investments and connectivity. Some ideas for infrastructure projects include the following:
Figure 4: Guasti District Extents - Community Design Element Source: City of Ontario
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10 EMPIRE GROVES SPECIFIC PLAN
• As a direct connection to the Convention
Center and freeway, this high-traffic area
could transform into a place to be enjoyed
either by car or on foot, with interpretive/
kinetic art and grand gestures of innovative
placemaking.
• Holt Boulevard could transform with
the addition of tree-lined sidewalks, a
landscaped median, outdoor seating areas,
and kiosks. To enhance the area’s appeal,
digital beacons and adaptable signage within
the median could create a distinct gateway
effect.
• Guasti Road could be transformed into
a multimodal roadway with sidewalks, and
bike lanes. This road can also be used as an
occasional pedestrian-only zone for pop-up
events, markets, and street takeovers.
• A portion of the flood control channel
could be re-imagined as a multimodal
greenway that promotes outdoor activity. The
greenway’s potential is vast, with eight miles
of northbound trail that end at the Rancho
Cucamonga Creek trailhead.
Given the multitude of critical infrastructure
components that could be implemented in the
region, along with the visionary City planning
efforts already in progress, this area is wellpositioned for development projects that will optimize the region’s potential for future growth.
1.3 Specific Plan Purpose
The Empire Groves Specific Plan establishes
land use regulations, development standards,
and design guidelines tailored to the unique
goals of the hotel and retail development
envisioned at this particular location. The
Specific Plan defines the uses that are permitted
and their locations, as well as design guidelines
for buildings and related on-site improvements.
The Specific Plan ensures that the area develops
in a coordinated manner with adequate
consideration of infrastructure, services, public
safety, and project financing. The purpose of the
Specific Plan is to:
• Provide a planning framework that
responds to the physical and market-driven
aspects of future development opportunities.
• Reclaim the site and transform it into
a visually attractive living, working, and
shopping environment.
• Determine the appropriate location,
maximum intensity, and mix of uses through
new development parameters.
• Encourage compatible land uses and
interfaces with adjacent properties.
• Conform to state laws and local ordinances
and policies for the preparation of specific
plans.
1.4 Community Benefits
There are several community benefits
to building a hotel complex with a retail
component in the City of Ontario.
• Construction and operation of the hotel
complex will create job opportunities for local
residents, including positions in hospitality,
retail, management, and maintenance.
• The inclusion of retail spaces can support
local entrepreneurs and small businesses by
providing them with platforms to showcase
and sell their products or services.
• The development will generate tax
revenue for the City, contributing to public
funds for essential services like education,
infrastructure, and public safety.
• A well-located and easily accessible hotel
complex such as this will attract visitors
and is a great candidate for hosting events
and conferences, further benefiting local
businesses and the economy.
The development of a hotel complex can
also attract additional investment in the area,
spurring further development and leading
to improvements in local infrastructure,
including road upgrades, sidewalks, and public
transportation facilities, ultimately enhancing
the overall cityscape as discussed in the Vision.
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01 | INTRODUCTION 11
Public spaces within the complex can serve
as gathering spots for residents and visitors,
contributing to a sense of community. The
presence of a well-maintained hotel complex
can positively impact property values in the
surrounding area.
1.5 California
Environmental Quality
Act Compliance
A CEQA analysis was conducted according
to the City’s Environmental Review Update
Checklist Form for Projects with Previously
Approved Environmental Documents to
evaluate potential impacts resulting from
the implementation of this Specific Plan.
It was determined that the certified Final
Environmental Impact Report (EIR) previously
prepared to evaluate the General Plan update
adequately covers this Specific Plan’s potential
impacts. Therefore, an Addendum to the Final
EIR was determined to be the appropriate
CEQA document to analyze this Specific
Plan. The Addendum concluded that, since
the General Plan update EIR was certified,
there are no changes in the project, changes
in circumstances under which the project
is undertaken, and/or “new information of
substantial importance” that would cause one or
more significant effects.
1.6 Project Objectives
The Empire Groves Specific Plan reflects the
City of Ontario’s long-term objectives, which
include the expansion of the City’s economic
base consistent with maintaining and enhancing
the high quality of life for all residents. The
following objectives, achieved through the
implementation of the Specific Plan, have been
identified as applicable to the project:
High-Quality Development: Implement highquality development through the adoption of this Specific Plan that will provide a world-class
hotel and local retail in this area.
Flexible Standards: Provide flexible standards
that permit limited modifications between retail,
restaurant, and hotel spaces that align with the
ever-changing market conditions and allow for
long-term financial stability.
Placemaking: Create a series of attractive,
interconnected gathering spaces, including
rooftop gardens, outdoor dining spaces,
gardens, meadows, courtyards, pools, lounges,
and other outdoor facilities to meet the
recreational and social needs of visitors and
guests.
Adequate Parking: Provide flexible parking
standards to encourage parking facilities that
sufficiently meet the parking demand for all uses
at all times.
Reduce Per-Capita VMT: Design and
locate new development adjacent to existing
transportation infrastructure and services
to reduce the need for vehicle trips and to
minimize the distance of vehicle trips typically
made by automobile.
1.7 Specific Plan
Authority and
Requirements
1.7.1 Authority
The California Government Code establishes
the authority for a legislative body to adopt
an ordinance or resolution requiring that a
specific plan be prepared. As with general
plans, the Planning Commission must hold a
public hearing before the planning agency can
recommend the adoption of a specific plan. The
City Council may then adopt a specific plan by
ordinance or resolution.
The Empire Groves Specific Plan is regulatory in
nature and serves as zoning for the properties
involved. Development plans, site plans, and
tentative tract and parcel maps must be
consistent with both the Empire Groves Specific
Plan and the City of Ontario’s General Plan, as
amended.
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12 EMPIRE GROVES SPECIFIC PLAN
The Empire Groves Specific Plan is prepared
and established through the authority granted to
the City of Ontario by the California Government
Code, Title 7, Division 1, Chapter 3, Article 8,
Sections 65450 through 65457 (Specific Plans).
The City Code does not have any additional
specific content requirements beyond that
required by the Government Code.
1.7.2 Government Code
Requirements
According to Section 65451, “a specific plan
shall include a text and a diagram or diagrams
which specify all of the following in detail:
• The distribution, location, and extent of the
uses of land, including open space, within the
area covered by the plan.
• The proposed distribution, location, and
extent and intensity of major components of
public and private transportation, sewage,
water, drainage, solid waste disposal, energy,
and other essential facilities proposed to
be located within the area covered by the
plan and needed to support the land uses
described in the plan.
• Standards and criteria by which
development will proceed, and standards
for the conservation, development, and
utilization of natural resources, where
applicable.
• A program of implementation measures
including regulations, public works projects,
and financing measures necessary to carry
out the project.
• The specific plan shall include a statement
of the relationship of the specific plan to the
general plan.”
1.8 Relationship to
Planning Documents
1.8.1 General Plan
In accordance with the California Government
Code, the adoption and administration
of specific plans are permitted as an
implementation tool of a general plan. Specific
plans must demonstrate consistency with the
policies set forth in the general plan. An analysis
of how the Empire Groves Specific Plan is
consistent with the policies in the City’s General
Plan is contained in Appendix A. A General
Plan Amendment will be requested as part of
the project application to change the land use
designation from Multimodal Mixed Use to a
Specific Plan.
1.8.1.1 General Plan Policy Guidance
The following General Plan policies are useful
in providing direction for the project and
supporting the project objectives:
1.8.1.1.1 Land Use Element
Policy 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.
Policy 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.
Policy LU-2.11 Context-Aware Transitions and
Connections. We require new development
projects and land-planning efforts to provide
context-aware and appropriate transitions and
connections between existing and planned
neighborhoods, blocks, sites, and buildings.
1.8.1.1.2 Mobility Element
Policy M-2.1 Active Transportation. We maintain
our Active Transportation Master Plan to create
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01 | INTRODUCTION 13
a comprehensive system of on- and off-street
bikeways and pedestrian facilities that are
safe, comfortable, and accessible and connect
residential areas, businesses, schools, parks, and
other key destination points.
Policy M-2.3 Pedestrian Walkways. We require
streets to include sidewalks and visible
crosswalks at major intersections where
necessary to promote safe and comfortable
mobility between residential areas, businesses,
schools, parks, recreation areas, and other key
destination points.
Policy M-2.4 Network Opportunities. We use
public rights-of-way and easements such as,
utility easements, levees, drainage corridors,
road rights-of-way, medians, and other potential
options to maintain and expand our bicycle and
pedestrian network. In urban, mixed-use, and
transit-oriented Place Types, we encourage the
use of underutilized public and private spaces to
expand our public realm and improve pedestrian
and bicycle connectivity.
1.8.1.1.3 Housing Element
Policy H-2.3 Ontario Airport Metro Center. We
foster a vibrant, urban, intense, and highly
amenitized community in the Ontario Airport
Metro Center Area through a mix of residential,
entertainment, retail, and office-oriented uses.
1.8.1.1.4 Community Economics Element
Policy CE-1.8 Regional Attraction. We encourage
the development and programming of regional,
cultural, and entertainment destinations in
Ontario.
Policy CE-2.1 Development Projects. We require
new development and redevelopment to create
unique, high-quality places that add value to the
community.
1.8.1.1.5 Community Design Element
Goal CD-1 A dynamic, progressive city
containing distinct and complete places that
foster a positive sense of identity and belonging
among residents, visitors, and businesses.
Policy CD-1.1 City Identity. We take actions that
are consistent with the City being a leading
urban center in Southern California while
recognizing, enhancing, and preserving the
character of our existing viable neighborhoods.
Goal CD-2 A high level of design quality
resulting in neighborhoods, commercial areas,
public spaces, parks, and streetscapes that are
attractive, safe, functional, human- scale, and
distinct.
Policy CD-3.1 Unique Identity. We promote
development that heightens the unique
character and identity of each Place Type
by requiring compatible land uses and land
planning, site design, and building design that
promotes an active public realm.
Policy CD-3.4 Context-Aware and Appropriate
Design. We require appropriate building and site
design that complements existing development,
respects the intent and identity of the Place
Type, and provides appropriate transitions and
connections between adjacent uses to ensure
compatibility of scale, maintain an appropriate
level of privacy for each use, and minimize
potential conflicts.
1.8.2 Zoning Code
Per the provisions of state law, the Specific Plan
will establish the zoning and regulations for
the site. In situations where the Specific Plan
is silent, the City of Ontario’s Zoning Code will
prevail. The site is currently zoned as Specific
Plan (SP) and will refer to this document for the
development of the site.
1.8.3 Ontario Airport Land Use
Compatibility Plan
The Ontario International Airport Land Use
Compatibility Plan (ONT ALUCP) was adopted
by the Ontario City Council on April 19, 2011. The
basic function of the ONT ALUCP is to promote
compatibility between ONT and the land uses
that surround it. In accordance with state law,
the ONT Airport Influence Area encompasses
all lands that could be negatively impacted by
ONT’s present, or future aircraft operations or
land uses that could negatively affect ONT’s
airport operations. The project area is located
within the noise impact and airspace protection
zones of the ONT ALUCP. All development
proposals are required to be consistent with
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14 EMPIRE GROVES SPECIFIC PLAN
the Ontario International Airport Land Use
Compatibility Plan policies and criteria.
In addition to safety and noise, the plan
evaluates airspace protection compatibility
to prevent creation of land use features that
can be hazards to aircraft in flight and have
the potential for causing an aircraft accident
to occur. One such hazard is building height.
To determine the allowable heights of future
objects, the underlying ground elevation is
compared with the elevation of the controlling
portions of the Federal Aviation Regulations Part
77, Terminal Instrument Procedures, and OneEngine Inoperative surfaces. These are depicted as color bands in Figure 5. Each color band
represents a range of distance, measured in
vertical feet, between the ground and overlying
surface.
The Specific Plan Area falls in an allowable
height range of 100 to 150 feet. Based on the
plan policies, the project proponent shall submit
notification of the proposal to the Federal
Aviation Administration, as required by the
provisions of Federal Aviation Regulations
Part 77, Subpart B, and by the California Public
Utilities Code, Sections 21658 and 21659.
Figure 5: Compatibility Policy Map - Airport Protection Zones Source: Ontario International Airport Land Use Compatibility Plan, Policy Map 2-4 6017
01 | INTRODUCTION 15
1.9 Specific Plan
Organization
This Specific Plan is organized into the following
six chapters.
Chapter 1 | Introduction
This chapter explains the role and function of
specific plans. It articulates the vision and a
synopsis of the community advantages that may
accrue through the execution of this project.
This chapter also delineates the Specific Plan’s
extent and authority, its adherence to the
California Environmental Quality Act (CEQA),
and its alignment with the City’s General
Plan and Zoning Ordinance, as well as the
overarching guidance provided by General Plan
policies. Moreover, this chapter establishes the
groundwork for the subsequent chapters by
elucidating the purpose and objectives of this
Specific Plan.
Chapter 2| Existing Conditions
This chapter includes an analysis of the current
conditions, encompassing the surrounding
environment, land use, zoning, topography,
geology, flooding, and noise levels.
Chapter 3| Development Plan
This chapter outlines the comprehensive land
use framework, encompassing a summary of
the project, and infrastructure plans, covering
circulation, water supply, sewage, recycled
water, and dry utilities.
Chapter 4| Development Standards
This chapter serves as the authoritative
document that delineates the specific land use
designations and regulatory guidelines for this
Specific Plan. Upon the formal adoption of this
Specific Plan, the provisions related to land use
and development standards outlined in this
chapter will assume the status of official zoning
regulations for the designated area.
Chapter 5| Design Guidelines
This chapter outlines the fundamental guiding
principles that underpin the architectural and
urban design aspects of the Specific Plan.
These guidelines are intended to provide a
comprehensive framework for the aesthetic and
functional aspects of the project, ensuring a
harmonious and purposeful development that
aligns with the overarching vision of the Specific
Plan.
Chapter 6 | Implementation
This chapter outlines the guidelines for
overseeing and administering the Specific Plan’s
development, encompassing procedures for
amendments, the equivalency program, and the
prioritization of implementation.
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16 02 Existing
Conditions
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02 | EXISTING CONDITIONS 17
2.1 Existing Land Use
The Specific Plan Area is currently vacant land
with no temporary or permanent structures.
There is, however, some vegetation and trees on
the site. Figure 6 shows images of the existing
site.
2.2 Existing General Plan
Land Use
According to the City’s General Plan Land Use
Element, the Specific Plan Area has a Mixed
Use–Multimodal land use (refer to Figure 7).
The Specific Plan Area also falls in the Ontario
Airport Metro Center Overlay (refer to Figure 8).
2.2.1 Multimodal Mixed-Use
The future multimodal transit station is under
consideration within the Mixed-Use Area, which
will link rail, regional, local, and airport transit.
Intensive office, retail, and residential uses are
envisioned to be integrated with the transit
station. The transit center is envisioned as an
iconic, convenient, and intuitively designed
multimodal transportation center that will serve
the City of Ontario and the region at large.
According to the General Plan full buildout
summary, the total acreage under the
Multimodal Mixed-Use Area (west of Archibald
Avenue and south of I-10) is 72.56 acres, of
which 10.43 acres fall in the Specific Plan
Area. It is estimated that the entire Multimodal
Mixed-Use area will absorb a total of 2,449,727
square feet of nonresidential development and
will create 5,993 jobs. Of this, 553,124 square
feet is allocated to lodging and the rest to retail
and office development. The area will have an
allowable density of 20.0 to 80.0 dwelling units
per acre.
Figure 6: Existing Site Aerial and Context Photos
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18 EMPIRE GROVES SPECIFIC PLAN
Figure 7: Existing General Plan Land Use
Source: City of Ontario
Figure 8: Existing Ontario Airport Metro Center Overlay Source: City of Ontario
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02 | EXISTING CONDITIONS 19
2.2.2 Ontario Airport Metro
Center Overlay
The Ontario Airport Metro Center Overlay is
envisioned as the most intensive area in the
County with a vertical and horizontal mixture
of regional-serving retail, office, restaurant,
entertainment, cultural, and residential uses in
low- to mid-rise buildings (i.e., 3-10 stories).
2.2.3 Surrounding Land Uses
The surrounding land uses include Hospitality
(HOS) on the west with a floor area ratio (FAR)
of 1:00; Mixed Use–Multimodal (MU-Multimodal)
on the east of Specific Plan Area with a density
of 20.0 to 80.0 dwelling units per acre and FAR
of 1.0; Mixed Use - Meredith (MU-Meredith) in
the north with a density of 14.0 to 125.0 dwelling
units per acre and FAR of 3; and Airport (ARPT)
in the south (refer to Figure 7).
2.3 Existing Zoning
According to the City’s Zoning Map, the existing
zoning for the Specific Plan Area is a Specific
Plan Zone with a Multimodal Transit Center
overlay zone. Below are the descriptions of
these zones.
2.3.1 SP (Special Plan) Zoning
District
The SP zoning district is established to
accommodate the adoption of specific plans
pursuant to Exhibit LU-05 Overlay Areas
(Additional Plans Map) of the Policy Plan
component of The Ontario Plan. All land uses,
activities, and facilities within the SP zoning
district shall only be allowed pursuant to the
applicable Specific Plan document.
Figure 9: Existing Zoning
Source: City of Ontario, The Ontario Plan 2050
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20 EMPIRE GROVES SPECIFIC PLAN
2.3.2 MTC (Multimodal Transit
Center) Overlay District
The Mhe MTC Overlay District was established
to allow for the interim use of existing buildings
located within the overlay district boundary
(established pursuant to Paragraph 5.01.010.F.4
[MTC Overlay District] of the Development
Code), while at the same time preserving the
City’s vision for development of a multimodal
transit center and supporting mixed-use
development. To this end, the below-listed land
uses are permitted within existing buildings in
the MTC Overlay District:
• General warehousing, storage, and
distribution trades.
• Wholesale trades.
• Retail trades limited to 15 percent of the
building’s gross floor area or 8,000 square
feet, whichever is less.
• Office administrative and business support
services.
• Other uses approved by the Planning
Director or his/her designee that are similar
in nature to those uses listed above, provided
all activities are wholly contained within the
building and do not have the potential to
negatively impact properties in the vicinity,
or are inconsistent with the Vision and Policy
Plan components of The Ontario Plan.
The Specific Plan Area is surrounded by parcels
designated as a Specific Plan Zone with MTC
overlay in the east and a CCS (Convention
Center Support) Commercial Zone to the north,
west, and south. Properties farther south are
zoned RC (Railway Corridor) and Airport.
2.4 Topography
The Specific Plan Area is relatively flat with
an approximately 1.25 percent slope from the
north to the south (refer to Figure 10). The site
elevation ranges from approximately 968 feet to
957 feet above mean sea level.
2.5 Geology and Soils
2.5.1 Fault Zones
The Specific Plan Area is not located within
the boundaries of an earthquake fault zone
for fault rupture hazards as defined by the
Alquist-Priolo Earthquake Fault Zoning Act or
identified in The Ontario Plan. The Alquist-Priolo
Earthquake Fault Zoning Act is a California state
law designed to reduce the risk of damage to
building structures on or near active earthquake
fault zones. The California Department of
Conservation, in cooperation with local
governments, is responsible for mapping the
location of active earthquake fault zones. The
act prohibits the construction of critical facilities
(e.g., schools, and hospitals) and limits the
construction of residential buildings within the
mapped zones. The nearest earthquake fault
zone is the Sierra Madre fault zone, which is
more than 6 miles north of the Specific Plan
Area. No other faults have been mapped in the
City of Ontario, according to the City’s General
Plan.
2.5.2 Land Subsidence
Land subsidence due to groundwater pumping
is a gradual sinking or settling of the earth’s
surface caused by the excessive extraction of
groundwater from underground aquifers. When
groundwater is pumped from these aquifers at a
rate faster than it can naturally be replenished, it
creates a void or space underground.
Land subsidence due to groundwater pumping
has been a long-standing issue in various parts
of California, including Ontario. California’s San
Gabriel Valley, where Ontario is located, has
experienced land subsidence as a result of
excessive groundwater extraction for several
decades. The entirety of the Specific Plan Area,
similar to the majority of Ontario, is susceptible
to land subsidence due to groundwater
pumping.
2.5.3 Soils
The Specific Plan Area is underlain by
Pleistocene/Holocene-aged Tujunga soils that
typically develop from alluvial deposits, which
are sediments carried and deposited by water,
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02 | EXISTING CONDITIONS 21
Figure 10: Topography
often in areas near rivers, streams, or floodplains.
The Tujunga soil series generally features a
loamy texture, which means it has a balanced
mixture of sand, silt, and clay. This texture is
often suitable for agriculture and gardening.
They usually have good to moderate drainage
properties, making them suitable for a variety of
land uses.
2.6 Flooding
2.6.1 FEMA Floodplain
The majority of the Specific Plan Area, as
shown in Figure 11, is in a Federal Emergency
Management Agency (FEMA) designated 500-
year floodplain. The FEMA 500-year floodplain
is a designated area that represents the land
area at risk of flooding during a severe flood
event with a 0.2 percent annual probability of
occurrence, which is roughly equivalent to a
1-in-500 chance of occurring in any given year.
This means that, on average, it has a low annual
probability (0.2 percent) of occurring; such a
flood might be expected to happen once every
500 years.
2.6.2 Dam Inundation
San Antonio Dam is an embankment flood
control and debris dam on San Antonio Creek
in San Bernardino County, California, about
5 miles (8.0 kilometers) north of Ontario. A
potential breach of this dam could inundate
most of the City, including the Specific Plan
Area (refer to Figure 12). The reservoir behind
the dam is usually dry but can fill up after large
flooding events. The dam is owned by the US
Army Corps of Engineers, Los Angeles District.
The City periodically coordinates with the dam
owners to monitor the condition of the dam.
2.6.3 Existing Storm Water and
Drainage
The site is located immediately west of the
Cucamonga Creek Channel. This fully improved
facility provides regional flood control and storm
conveyance to the surrounding area.
A 108” diameter storm drain extends westerly
from the Cucamonga Creek Channel just south
of Guasti Road. This facility provides storm
conveyance for the adjacent property.
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22 EMPIRE GROVES SPECIFIC PLAN
Figure 11: Floodplain
Source: City of Ontario, The Ontario Plan 2050, Safety Element Figure 12: Dam Inundation
Source: City of Ontario, The Ontario Plan 2050, Safety Element 6025
02 | EXISTING CONDITIONS 23
The City of Ontario Master Plan of Drainage
indicates a future 60” Storm Drain will be
constructed within Holt Boulevard along the
project frontage.
2.6.4 Existing NPDES
Compliance
The project site is currently vacant /
undeveloped and not subject to NPDES
compliance.
Figure 13: Noise Levels from Ontario Airport
Source: City of Ontario, The Ontario Plan 2050, Safety Element
2.7 Noise Levels
The City’s Zoning Code provides exterior noise
standards for the allowed equivalent noise
levels for lodging facilities to be up to 70 dbA.
The equivalent noise level is a measure used
to represent a constant noise level over a
specified period, usually one hour. It is a way
of expressing a varying noise environment as
a single, constant level for ease of comparison.
The General Plan update also provides the
existing noise level contours from traffic, railroad,
and airport, all of which are within acceptable
ranges. Noise from Ontario Airport is shown in
Figure 13.
6026
24 03 Development
Plan
6027
03 | DEVELOPMENT PLAN 25
3.1 Introduction
The Development Plan provides for the
development of vibrant communities that
allow for a variety of lodging, commercial,
entertainment, and open space opportunities
that expand the Guasti area and strengthen
the City of Ontario’s economy. To achieve this,
this Specific Plan encourages a variety of
complementary land uses and communityaccessible amenities and services to establish the Specific Plan Area as a key activity node.
This chapter provides the framework to guide
the development in the Specific Plan Area
and identifies the land uses, circulation, and
infrastructure that implement the vision of the
Empire Groves Specific Plan. It is important
to note that even though the discussion and
exhibits in this chapter are intended to guide
development within the Specific Plan Area,
the exhibits provided herein are conceptual
in nature and may change, subject to the
requirements in this Specific Plan.
3.2 Land Use Plan
The Specific Plan consists of one planning area
(PA1)–Hospitality Mixed Use (refer to Figure 14).
3.2.1 Hospitality Mixed-Use
Hospitality Mixed-Use refers to a development
that combines hotel uses, ancillary services and
amenities with local-serving commercial uses
within a single property. The allowable uses are
listed in Table 3.
Integrating hotel uses with local-serving retail
offers several benefits including, increased
foot traffic, enhances guest experiences, and
stronger community engagement. Additionally,
it can lead to economic benefits and greater
sustainability and efficiency. Hotels focus on
providing hospitality and amenities for guests,
while local-serving retail emphasizes practicality
and convenience for both visitors and local
residents. Combined, these uses create a
dynamic, mutually beneficial environment that
enhances the appeal and functionality of both.
The area allotted to each use can be found in
Table 1.
3.2.1.1 Hotel Uses (553,124 SF)
Hotel use is the primary component of
Hospitality Mixed-Use and should occupy
the majority of the FAR of the development.
This includes guest rooms, office space
Figure 14: Land Use Map
6028
26 EMPIRE GROVES SPECIFIC PLAN
AREAS TOTAL SQUARE FEET NOTES
Hotel Use 553,124 See chapter 3.2.1.1 and Table 3 for
details.
Local-Serving Retail 46,876 See chapter 3.2.1.2 and Table 3 for details.
Total Square Feet 600,000
Note: The project FAR is based on gross project acreage of 10.43. Covered outdoor areas are calculated towards FAR but not towards parking calculation. Utility areas and parking are not calculated towards FAR and include all areas below grade, including parking, central plant, transformer yard, bicycle parking, main electrical/emergency/generator rooms, loading docks, trash rooms, vertical shafts, and stairs as well as spaces above grade including mechanical rooms, vertical shafts, and parking.
Table 1: Buildout of Empire Groves Specific Plan
Figure 15: Street Plan
Source: City of Ontario, The Ontario Plan 2050, Mobility Element 6029
03 | DEVELOPMENT PLAN 27
for hotel administration, (MAX SF-basic
lodging 553,124SF) and may also include
restaurant(minimal SF), bars, lounges, day spas,
gyms, ballrooms, meeting rooms, and more (see
Table 3).
At buildout, the total development for the project
area will be approximately 600,000 square feet.
Table 1 provides the maximum buildout for each
use.
3.2.1.2 Local-Serving Retail Uses
(46,876 SF)
Local-serving retail, on the other hand, caters to
the daily needs of the local community as well
as the hotel use. These businesses may include
coffee shops, restaurants, retail, print shops,
laundry or tailoring services and similar types
of uses (see Table 3). These types of uses can
benefit shoppers visiting the surrounding area
as well as nearby residents who can access
these services by foot.
3.3 Circulation and
Access
3.3.1 Vehicular Circulation in the
Vicinity
The Circulation Plan complements the Land
Use Plan by linking the hotel and retail uses to
adjacent land uses and is designed to enhance
connectivity and facilitate the movement of
various transportation modes. Located south
of the San Bernardino Freeway (I-10), the
Specific Plan Area is generally bounded by
Holt Boulevard to the north, East Guasti Road
to the south and southwest, and hotel and light
industrial uses to the west and east, respectively.
Holt Boulevard and East Guasti Road provide
connections to I-10, which would be the primary
regional access point to the Specific Plan Area.
These thoroughfares also provide connectivity
to Archibald Avenue and North Vineyard
Avenue, located a block away to the east and
west of the Specific Plan Area, respectively, and
permit easy access to the airport to the south of
the Specific Plan Area.
3.3.1.1 Potential Roadway
Improvements in the Vicinity
While not a part of the Specific Plan, potential
roadway improvements in the vicinity could
enhance and stimulate future development of
the area and improve connectivity between the
Guasti District and Airport Metro/Entertainment
District in the east as well as with the airport.
Figure 15, Street Plan of the Mobility Element
from The Ontario Plan 2050, reflects the
city’s vision for developing a comprehensive,
multimodal transportation network. This
network is designed to meet the mobility needs
of residents, visitors, and businesses while
maintaining a high quality of life.
Holt Boulevard: Holt Boulevard is a major
connector and can be envisioned as a gateway
to the Guasti District, as reflected in Figure 17.
It currently has three lanes on the north side
and two lanes on the south side of the roadway.
A lane drops from each side as one travels
east past the Holt Boulevard and Guasti Road
intersection. The roadway has wide medians. It
may be improved to make it visually appealing
by adding attractive landscaping and shaded
trees within the median and on the edges of
the roadway. The existing sidewalks could
be widened and enhanced, and gaps could
be filled with new sidewalks for easier and
continuous pedestrian access. Holt Boulevard
along the project frontage is an on-ramp
entrance for Interstate 10. Required roadway
improvements associated with this development
will need to be coordinated with the California
Department of Transportation (Caltrans).
Proposed final roadway design will be subject to
City review and approval.
East Guasti Road: East Guasti Road provides
ample right-of-way for improvements, as
reflected in Figure 16. Proposed improvements
from Holt Avenue to the east side of the bridge
over the Cucamonga Creek include a fourlane roadway, a landscaped median, and a new sidewalk on the northeast side. Final
roadway design and limits will be subject to
the City’s review and approval. There is an
existing sidewalk on the southwest side that
6030
28 EMPIRE GROVES SPECIFIC PLAN
covers roughly half of the total frontage, and
the entire southwest side of the roadway is
existing, while the northeast side is proposed.
Additional roadway improvements could include
a bike lane and sidewalk with shaded trees,
complementing the future development of the
area and connecting the Guasti District with the
Airport Metro/Entertainment District.
Airport Drive: The Guasti District has many
hotels and lodging facilities. A major part of
the clientele comes from the airport, south of
the Specific Plan Area. The district acts as the
gateway to the City from the airport. Hence,
investing in Airport Drive improvements and
establishing better connectivity with the area
north of the airport will both enhance the travel
experience for visitors and help with future
investments in the area. Airport Drive currently
has three lanes in each direction with a
median and a sidewalk on the south side of the
roadway. The north side is bordered by railroad
Figure 16: Street Section: East Guasti Road
Figure 17: Street Section: Holt Boulevard and Bridge
6031
03 | DEVELOPMENT PLAN 29
tracks. Enhancements could include adding
landscaping to the median and sidewalks
and filling any gaps in the sidewalks. Adding
landscaping as a buffer between the railroad
tracks and the roadway will add to the visual
appeal of the roadway. In addition, pedestrian
bridges could be added to connect the airport
to the Guasti District.
3.3.2 Non-motorized Circulation
in the Vicinity
The City is in the process of drafting its Active
Transportation Master Plan. However, the City’s
General Plan Mobility Element provides insights
into the current and proposed bike facilities
in the City, as shown in Figure 18. There are
several existing bike facilities north of the
Specific Plan Area. These include bike lanes
along the Ontario Mills Parkway and Del Norte
Avenue. There are several proposed facilities in
the vicinity of the Specific Plan Area, including
along Guasti Road, Archibald Avenue, and
Vineyard Avenue. A proposed multipurpose
trail is contemplated along Cucamonga Creek
that will eventually connect to the regional trail
system. However, the trail currently terminates at
the Ontario Mills Parkway. If extended to Guasti
Road, this trail can become an important nonmotorized link between the Guasti District and the rest of the City.
The pedestrian circulation around the Specific
Plan Area is provided by sidewalks that currently
have gaps at certain locations. The development
of the Specific Plan Area will include sidewalks
around the site and development of a plaza
at the intersection of Holt Boulevard and
Guasti Road. However, to enhance pedestrian
connectivity, it is essential to envision the
roadways in the vicinity with wider, shaded
sidewalks, as described above in Potential
Roadway Improvements in the Vicinity and
reflected in Figures 16 and 17.
Figure 18: Multipurpose Trails and Bikeways
Source: City of Ontario, The Ontario Plan 2050, Mobility Element 6032
30 EMPIRE GROVES SPECIFIC PLAN
Figure 19: Transit Access
Source: City of Ontario, The Ontario Plan 2050, Mobility Element Figure 20: BRT Route
Source: Guida Geospatial Solutions; San Bernardino County Transportation Authority (SBCTA), West Valley Connector Project, Phase 1.
6033
03 | DEVELOPMENT PLAN 31
3.3.3 Transit Access
The Specific Plan Area enjoys ample access to a
variety of transit facilities (see Figure 19).
Metrolink and Amtrak Stations: Two
Metrolink lines serve the Specific Plan Area.
South of the site is the Riverside Line, which
provides east–west service between downtown
Los Angeles and Riverside. North of the site is
the San Bernardino Line, which provides east–
west commuter rail service between downtown
Los Angeles and San Bernardino.
The East Ontario Metrolink Station provides
access to the Riverside Line and is the nearest
Metrolink station to the Specific Plan Area,
approximately 11 minutes by car. This station is
on East Francis Street and can be reached via
South Haven Avenue. The Ontario Station, an
Amtrak station, is approximately 8 minutes away
by car from the Specific Plan Area. It is also a
proposed Metrolink station for the Riverside
Line. This station is on East Emporia Street and
can be conveniently reached by taking Euclid
Avenue via East Transit Street.
Several stations are located north of the Specific
Plan Area along the San Bernardino Line. The
closest ones are the Rancho Cucamonga and
Upland Stations.
BRT Routes: The West Valley Connector Bus
Rapid Transit (BRT), which is under construction,
is managed by the San Bernardino County
Transit Authority. Phase I of the project is 19
miles and will upgrade a portion of existing
Route 61, which runs along Holt Boulevard,
adding approximately 3.5 miles as centerrunning, dedicated bus-only lanes (see Figure 20). There will be 21 stations in Phase I that will
provide an improved transit connection to ONT
and help build transit connectivity by linking
ONT, two Metrolink lines (San Bernardino and
Riverside), and multiple major activity centers
along the route, including Ontario Mills and
Victoria Gardens. Headways will be 10 minutes
in the peak commute period and 15 minutes
off-peak, providing a high level of service to the
community.
It will traverse Airport Drive with its nearest
station to the Specific Plan Area situated at the
junction of Vineyard Avenue and Holt Boulevard.
Although there are stations along Airport Drive,
they are presently inaccessible due to a railroad
between the Specific Plan Area and Airport
Drive. A potential pedestrian bridge linking
Guasti Road to Airport Drive would establish a
direct and convenient route from Airport Drive
to the Specific Plan Area.
Ontario Airport Loop: The Ontario Airport
Loop project is a proposed tunnel to ONT
that will feature a bi-directional system where
passengers traveling to and from ONT will be
transported in autonomous, zero-emission
vehicles on an “on-demand” basis between
the Cucamonga Metrolink Station and airport
terminals. The project is considering the
possibility of utilizing an elevated loop system to
traverse Airport Drive, with potential stops along
this route.
Metro Gold Line Extension: The current Metro
Gold Line extension will reach San Bernardino
County with new stations in the cities of
Glendora, San Dimas, La Verne, Pomona,
Claremont, and Montclair. The current terminus
planned for Montclair, however, is just 6 miles
short of ONT—a critical airport and economic
driver for San Bernardino, Riverside, and parts of
Los Angeles Counties. Metro Rail from Glendora
to Pomona is currently under construction and
is expected to be completed by 2025. Extension
of the rail service further east from Pomona to
Montclair is expected to be completed by 2028.
6034
32 EMPIRE GROVES SPECIFIC PLAN
3.4 Infrastructure Plan
3.4.1 Potable Water
The City’s ultimate potable water system will
consist of five pressure zones. The Specific Plan
Area is located within the 1212 Pressure Zone.
Water service to the Specific Plan Area will
be provided by the City. Currently, there are
water mains in the vicinity of the Specific Plan
Area. There is an existing 12-inch water main in
Guasti Road along the project frontage, and an
existing 8-inch water main in Holt Boulevard
along the project frontage, both available for
connection. The future potable water system
to serve the City is shown in Figure 21. Sizing
and alignment of the potable water lines will be
consistent with the City of Ontario Potable Water
System Master Plan and/or a City-approved
hydraulic analysis.
Figure 21: Specific Plan Area Potable Water Plan
6035
03 | DEVELOPMENT PLAN 33
3.4.2 Sewer
The project will connect to existing sewer mains.
Sewer mains are maintained by the City of
Ontario and wastewater is treated at the Inland
Empire Utilities Agency (IEUA) Treatment Plant.
Several regional trunk sewers collect sewage
generated in the city and transport it to IEUA’s
Regional Plant No. 1 and Regional Plant No. 5
for treatment. The City of Ontario is divided into
eight major sewersheds. The Specific Plan Area
is in Sewershed 3. Sewage is collected by the
City’s system and generally flows from north
to south towards the IEUA Upland Interceptor.
The City’s Sewer Master Plan is currently being
updated.
All required sewer infrastructure will be
consistent with the approved master plan.
There is an existing sewer main located in
Holt Boulevard available for connection. The
sizing and alignment of existing and proposed
sewer lines are shown in Figure 22. Sizing and
alignment of the sewer lines will be consistent
with the City of Ontario Sewer Master Plan and/
or a City-approved hydraulic analysis.
3.4.3 Recycled Water Plan
Currently, there are recycled water mains in
the vicinity of the Specific Plan Area, with a
point of connection located at the intersection
of Guasti Road and Holt Boulevard. Recycled
water is provided to the City by the IEUA from its
four wastewater reclamation plants. The entire
Figure 22: Specific Plan Area Sewer Plan
6036
34 EMPIRE GROVES SPECIFIC PLAN
Specific Plan Area is within the City’s masterplanned 1299 Pressure Zone.
Recycled water infrastructure improvements
for the Specific Plan Area require the planning,
design, and construction of a 1299 Pressure
Zone Recycled Water Master Plan main, which
includes installing an 8-inch recycled water
main in Guasti Road that connects to the 8-inch
recycled water main in Convention Center Way,
north of Holt Boulevard, and extends south in
Guasti Road, ending east of the Cucamonga
Creek Channel. The sizing and alignment of
existing and proposed recycled water lines are
shown in Figure 23. Sizing and alignment of the
recycled water lines will be consistent with the
City of Ontario Recycled Water System Master
Plan and/or a City-approved hydraulic analysis.
3.4.4 Stormwater/Drainage
NPDES Compliance
Drainage within the project area will be
conveyed via a system of on-site drains to the
southeast corner of the site where it will enter
a series of underground detention / infiltration
chambers. These chambers will provide
attenuation of peak flows as well as detaining
stormwater for infiltration/treatment as required
by the most current San Bernardino County
Area-Wide MS4 permit. Flows exceeding the
required treatment volume will be conveyed
southeasterly across Guasti Road to the existing
108” storm drain pipe, which in-turn conveys
flows to Cucamonga Creek.
Figure 23: Specific Plan Area Recycled Water Plan
6037
03 | DEVELOPMENT PLAN 35
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.
Activities resulting in one acre or more land
disturbances are required to obtain coverage
under the Construction General Permit (CGP).
The owner is the legally responsible person
(LRP) of the site and shall have a Stormwater
Pollution Prevention Plan (SWPPP) developed
and submitted through the SMARTS website
at https://smarts.waterboards.ca.gove/smarts/
faces/SwSmartslogin.xhtml.
3.4.5 Dry Utilities
Electricity: Southern California Edison provides
electricity to the Specific Plan Area and
maintains aboveground power lines within the
area. During construction, electrical lines will be
placed underground. Utilities and maintenance
facilities for the hotel will be installed on the first level of below-grade parking at the northern
portion of the site.
Natural Gas: The Southern California Gas
Company provides natural gas to the Specific
Plan Area. As required, additional points of
connection to existing gas lines will be provided.
Telephone: Telephone service is offered
regionally by telecommunications providers,
such as AT&T and Verizon. Infrastructure
supporting telephone services will be provided
and installed along with other utilities.
Cable: Cable television services are provided
to the Specific Plan Area by local area cable
providers, such as Time Warner Cable.
Infrastructure supporting cable television
services will be provided and installed along
with other utilities.
Solid Waste Collection: Solid waste collection
service will be contracted by the applicant with
the City of Ontario Integrated Waste Division. All
solid waste collected on-site will be required to
comply with federal, state, and local regulations.
Fiber Optic: Fiber Optic broadband
communication service will be offered to
the Specific Plan area by Ontario Fiber.
Infrastructure supporting fiber optic service will
be installed.
3.5 Community Services
3.5.1 Fire Protection Services
The Specific Plan Area is served by the Ontario
Fire Department. The nearest fire stations to the
site are Fire Station No. 8 and Fire Station No.
10. Both fire stations are located within 5 miles
from the Specific Plan Area, and each house an
engine company and paramedic.
The applicant will work with the Ontario Fire
Department, the Ontario Police Department,
Public Works, and other City departments to
provide appropriate access to the Specific Plan
Area in a satisfactory manner that is feasible.
3.5.2 Police Services
The Ontario Police Department provides police
protection services in the City of Ontario and
will serve the Specific Plan Area. The main
police station is located at 2500 S. Archibald
Avenue, approximately 5.3 miles south of the
Specific Plan Area.
6038
36 04 Development
Standards
6039
04 | DEVELOPMENT STANDARDS 37
4.1 Introduction
Development standards provide the zoning
regulations for the Specific Plan Area, while the
design guidelines provide design guidance. It is
important to make a clear distinction between
the two. Development standards are mandatory
and are generally quantitative, objective, and
measurable in nature, and use the word “shall.”
Design guidelines are suggestions and are
generally qualitative and subjective in nature.
They generally use the words “should” or “may.”
4.2 Development
Standards
4.2.1 Site Development
4.2.1.1 Setbacks
Building setbacks for the Specific Plan Area are
shown in Table 2.
Projections and Elements into Setbacks:
• Architectural projections and overhangs
may encroach into a setback up to a
maximum of 3 feet. However, any such
overhang or projection that is permanent in
nature should have a minimum overhead
clearance of 12 feet. With the exception of
balconies which shall be allowed to encroach
up to 5’. However, architectural projections
shall not encroach into the public right- ofway.
• Landscape and hardscape design
elements and features such as trees,
benches, trellises, fountains, planter boxes,
shade structures, fountains, movable/fixed
seating, seating walls and steps, boundary
walls, and fences are allowed in setback
areas. However, at least 6 feet of clear
space must be maintained for pedestrian
movement.
• Outdoor eating areas are allowed within
the setback areas. (Note: the setbacks are
from ROW, there is pedestrian movement in
the ROW already contemplated)
4.2.1.2 Height
The maximum building height will be regulated
by Federal Aviation Administration and
the Ontario International Airport Land Use
Compatibility Plan, (ONT ALUCP). The allowable
building heights for the Specific Plan boundary
range from 110 to 140 feet in height. Any
structure that is over 90 feet in height will be
required to file an FAA Form 7460-1, Notice of
Proposed Construction or Alteration and receive
a determination of “No Hazard” consistent with
the policies and criteria of the ONT ALUCP.
4.2.1.3 Floor Area Ratio
The Multimodal Mixed-use Area, which
encompasses the Specific Plan Area, allows for
approximately 553,000 square feet of lodging
and 1.9 million square feet of office/retail (refer
to 2.2.1, Multimodal Mixed-Use section). The
Specific Plan Area plans to use a portion of this
allocated square footage for the development of
Hospitality Mixed-Use in the project area (refer
to Table 1).
The total FAR of the entire Multimodal MixedUse District shall not exceed 1.0. • FAR is the ratio of a building’s total floor
area to the size of the piece of land upon
which it is built.
• The FAR excludes soft and hard
landscaped areas, subterranean parking,
mechanical equipment areas, vertical shafts,
and utility areas.
• The FAR includes covered outdoor areas.
4.2.1.4 Lot Coverage
The total lot coverage should not exceed 40
percent of the land area.
6040
38 EMPIRE GROVES SPECIFIC PLAN
SETBACKS TO PROPERTY BOUNDARY MINIMUM SETBACK
Guasti Road Building - 10 feet; Parking - 5 feet
Holt Boulevard Building - 5 feet; Parking - 5 feet
Cucamonga Channel-Interior Setback Building 10 feet; Parking - 5 feet Note: Balconies that are considered private open space, (see section 4.2.4.2 Private Open Spaces below) shall be allowed to encroach up to 5’. Landscaping and water features for passive and active recreational activities are allowed in the setback areas. Temporary structures such as gazebos and other shade structures are also allowed in setback areas.
Table 2: Building Setbacks
4.2.2 Land Use Matrix
Table 3 lists allowable uses for Hotel and
Local-Serving Retail, indicating which uses are
permitted (P), and conditional review (C) within
the Hospitality Mixed Use of the Specific Plan.
• Permitted Use (P) can be established as
primary or secondary use without requiring
discretionary approval. This includes ancillary
or accessory uses that are typically incidental
to the main use on the premises.
• Conditionally Permitted Use (C) is
permitted upon the approval of a Conditional
Use Permit by the Zoning Administrator.
• A land use not listed in Table 3 shall be
considered a prohibited land use. For land
uses similar to those listed in Table 3, but
not expressly stated in this Specific Plan,
the Planning Director or his/her designee
shall be granted the authority to make a
determination of the applicability of similar
land uses.
4.2.3 Utilities
4.2.3.1 Mechanical Equipment
• Rooftop mechanical equipment shall
be securely fastened to the roof and fully
screened with architectural elements
consistent with the overall design of the
development.
4.2.4 Open Spaces
4.2.4.1 Public Open Spaces
Public open spaces include any sidewalk,
landscaping, plaza areas, patios, decks, water
features, or other passive recreational areas
open to public.
• Public gathering spaces shall be accessible
to adjacent uses and from public sidewalks.
4.2.4.2 Private Open Spaces
Private open spaces include any sidewalk,
walkways, landscaped areas, plaza areas, water
features, balconies, patios, decks and other
active or passive recreational areas open only to
the users of the development.
6041
04 | DEVELOPMENT STANDARDS 39
HOSPITALITY MIXED-USES ALLOWABLE USES NOTES
Hotel Uses
ATM P
Automobile Rental and Leasing Services C • No on-site vehicle storage allowed.
Banquet Halls and Conference Facilities P
Business Center P
Cafés and Restaurants (Alcohol sales not
permitted) P • Includes Bakeries and Coffee Shops.
Cafés and Restaurants (Alcohol sales
permitted) C • Includes Bakeries and Coffee Shops.
Child Day Care facilities C
Convenience Stores (Alcohol sales
not permitted) P
• Includes Sundry Shops.
• Catered towards guests.
Convenience Stores (Alcohol sales
permitted) C
• Includes Sundry Shops.
• Catered towards guests.
Day Spa and Massage studio C
Fitness Center and Gym P
Florist and Gift Shop P
Guest Services P • Includes Concierge, Baggage, and
Valet Services.
Hotel Administrative Offices P
Hotel Lodging P
Live Entertainment C • Includes Night Clubs, Dancing, VIP Rooms, and Similar Uses.
Lounges and Bars C • Includes Lounges, Bars, or Rooftop Bars.
Outdoor Dining Areas (Alcohol sales
not permitted) P
Outdoor Dining Areas (Alcohol sales
permitted) C
Wireless Telecommunications
Facilities C
• Includes integrated building design.
• Must be Roof-Mounted.
• See Chapter 5.03.420 for
Development Code.
Table 3: Allowable Land Uses Legend: Permitted Use (P), Conditional Use Permit (C) 6042
40 EMPIRE GROVES SPECIFIC PLAN
HOSPITALITY MIXED-USES ALLOWABLE USES NOTES
Local-Serving Retail (Typical with Hospitality Mixed-Use) Antique Stores P
Art Gallery P • Includes Art Galleries or Art Supply
Stores.
Banking/ATM P
Automobile Rental and Leasing
Services C • No on-site vehicle storage allowed.
Beauty Services P
• Includes Barber Shops, Beauty
Salons, Nail Salons, Tanning Salons,
and other similar uses.
Beauty Supply Store P
Bicycle/Segway Rentals P
• Includes e-Bicycle and e-scooter
Rentals or similar personal recreation
devices.
Boutique or Specialty Wines and
Liquor Stores C
Brew Pub and Micro-brewery C
Business Center P • Includes Mail/Shipping services, e.g.
Fed Ex, UPS, and Amazon Locker.
Cafés and Restaurants (Alcohol sales
not permitted) P • Includes Bakeries and Coffee Shops.
Cafés and Restaurants (Alcohol sales
permitted) C • Includes Bakeries and Coffee Shops.
Clothing and Accessory Stores P
Convenience Stores (Alcohol sales
not permitted) P
• Includes Sundry Shops.
• Catered towards guests.
Convenience Stores (Alcohol sales
permitted) C
• Includes Sundry Shops.
• Catered towards guests.
Fast-Food Restaurants P • Drive-throughs not allowed.
Fitness Studio C
Food Kiosk P
• Includes two or more food or
beverage concession stands that
operate together as a commercial
establishment.
• Alcohol sales not permitted.
General Office P
• Includes office spaces related to
Administrative and Support Services,
Retail, Finance and Insurance Offices,
Management of Companies and
Enterprises, Travel agency/arrangements,
and Professional Services.
Legend: Permitted Use (P), Conditional Use Permit (C)
6043
04 | DEVELOPMENT STANDARDS 41
• Private open spaces can be located on
upper floors and rooftop.
• Balconies, if provided, shall have a
minimum area of 30 square feet and a
minimum dimension of 5 feet length and
width.
• As noted above in Table 2: Building
Setbacks, balconies shall be allowed to
encroach a maximum 5 feet into a required
front, side, or rear yard setback.
4.2.4.3 Applicable to Both Public and
Private Open Spaces
• Pedestrian zones designed to enhance
access to outdoor public amenities must be
identifiable by using robust, easy-to-maintain
surface materials, such as decorative
pavers or other comparable architectural
enhancements.
• Pedestrian areas should be compliant with
the Americans with Disabilities Act.
• Alternative sidewalk materials within public
right-of-way and for sidewalks used for
public access shall be subject to City review
and approval.
4.2.5 Parking
4.2.5.1 Off-Street Parking
• 1.5 parking spaces per every 1,000 square
feet of Hospitality Mixed-Use development
shall be provided. Utility areas, parking, and
covered outdoor areas shall be excluded
from parking calculations.
• Up to 100 percent of parking can be
provided as valet parking by a hospitality
mixed use project.
• Off-street parking design standards
and parking lot lighting shall comply with
Sections 6.03.045 and 6.03.050 of the Ontario
Development Code, respectively.
• Parking spaces specifically designated and
conveniently located for fuel-efficient vehicles shall be provided in conjunction with development projects
pursuant to current regulations contained in CALGreen
(California Code of Regulations Title 24, Part 11).
• A parking analysis shall be provided with the
entitlement package.
• Spillover parking may be provided off-site no more
than one-half mile away from the development’s main
entrance. Parking analysis and an agreement with
locations shall be provided.
• All parking facilities must have clearly designated
markings for individual parking stalls, drive aisles,
approach lanes, and maneuvering areas to facilitate
efficient traffic flow.
• Digital parking guidance signs shall be installed
for hotel parking to indicate the location of available parking spaces by level and assist in directing vehicles to available parking spaces.
4.2.5.2 Bike Parking
• Bicycle parking facilities, including bicycle racks,
lockers, and other secure facilities, shall be provided in conjunction with development projects pursuant to
current regulations contained in CALGreen (California
Code of Regulations Title 24, Part 11).
• All bicycle parking facilities shall have lighting that provides high visibility. Lighting shall be maintained in operational condition at all times.
4.2.5.3 Loading
• Off-street loading standards shall comply with
Section 6.03.055 of the Ontario Development Code.
• Each off-street loading space and its access shall be designed to avoid undue interference with the public
use of streets and private drives and shall not be part of the off-street parking area required for each particular use.
• Loading areas shall be screened, enclosed, and/or
located appropriately to minimize potential nuisances,
such as odor and noise.
• Loading areas shall be clearly marked as being
distinct from required parking spaces and aisles.
6044
42 05 Design
Guidelines
6045
05 | DESIGN GUIDELINES 43
5.1 Introduction
These guidelines establish a clear set of
qualitative guiding principles that form a basis
for the City of Ontario to review the Specific
Plan project. The guidelines serve two primary
purposes:
1. To establish high-quality design for new
development.
2. To facilitate the design review and planning
approval process relative to building
configuration and architecture that is
appropriate for this development.
The guidelines are not intended as a literal
requirement; instead, they serve as a framework
for the design review process and cover key
elements including building mass, entrances,
façade design and composition, roof forms,
materials, and colors. The City shall use the
guidelines as part of the formal design review
process, and qualitative findings shall be made
by the decision-making body demonstrating
such compliance.
5.2 Design Guidelines
5.2.1 Massing and Elevation
Treatment
• Building facades should avoid a continuous
single plane and break monotony by using at
least two planes.
• The bottom levels and the top two levels
may be treated differently in architectural
style compared to other floors to break
the monotony of elevation. See example in
Figure 24.
• Vertical elements should be used to
provide rhythm and continuity between the
floors. See example in Figure 25.
Figure 24: Elevation Treatment
6046
44 EMPIRE GROVES SPECIFIC PLAN
• To achieve good building articulation,
beyond the building facade and diversity
of planes, there should be at least one
additional color and one additional material
across an elevation.
• To minimize heat gain, shading devices
should be provided for glazed surfaces,
particularly on the east, south, and west
sides of the building. Shading can take the
form of recessed windows using colonnadetype structure or devices fixed to the exterior wall that are harmonious with the building
materials or color.
• Building massing shall consist of a mix of
building heights and incorporate vertical
plane breaks, changes in building/ridge
height, or other accent roof forms to create
visual interest.
• Free-standing architectural treatment
may be used in front of the building walls to
create layering.
Figure 25: Vertical Elements Providing Continuity and Rhythm • When used, parapet walls shall incorporate
side/rear elevation returns to preclude an
unfinished, “false front” appearance.
• Exposed downspouts and overflow holes
on building front facades are prohibited.
• All rooftop mounted equipment shall be
screened from public view using materials
complementary to those used on the main
structure (see Subsection 6.C.1.f, Functional
Elements).
5.2.2 Elevation Material
• The elevation materials should be durable
and require low maintenance.
• As far as possible, materials should be
selected that can be reused or recycled
easily at the end of their lives using existing
recycling systems.
• Efficient and right-sized building design
6047
05 | DESIGN GUIDELINES 45
should be used to minimize wastage of
materials.
5.2.3 Site Planning and
Circulation
The following site planning and circulation
design guidelines for hospitality mixed use
promote aesthetic quality, efficient land use,
and public safety. See Figure 26 for an example
illustrating safe ingress and egress options,
including designated entrances for emergency
vehicle and separate delivery access. The final
improvement plans reflecting the location and
details of these improvements will be reviewed
and approved by the City Engineer.
• Service and delivery/loading zones
should be separated from visitor, guest and
customer parking, and pedestrian walkways
where feasible. This helps reduce the risk
of accidents by keeping heavy vehicles and
delivery activities away from areas where
pedestrians and regular vehicles are present.
• Ensure that all areas are accessible to
emergency vehicles and personnel, with
clearly marked routes and entrances.
• The main access to the hotel as well as to
the hotel parking (basement levels 1 and 2)
is from Guasti Road. The main access to the
hotel will be full access with a traffic signal.
• Additional right-of-way may be required
to accommodate an additional left turn and
right turn lanes at intersection based on
required queue lengths per the Traffic Impact
Analysis/Specific Plan EIR.
• Additional traffic signals may be required
based on locations of future access points
and as identified in the Traffic Impact
Analysis/Specific Plan EIR.
Figure 26: Site Access
6048
46 EMPIRE GROVES SPECIFIC PLAN
5.2.4 Landscape Guidelines
The landscape will play an important role at
many levels, primarily to soften transitions from
the ground plane to the vertical plane; offer
screening from the adjacent neighborhood;
and add color and texture to the development.
Examples of landscaping can be seen in Figure
27 and Figure 28.
Below are general landscape guidelines.
• Standards for the provision and
maintenance of landscaping within the
Specific Plan Area shall comply with Section
6.05.010: Landscape Design Principles,
Section 6.05.045: Landscape Development
Standards, and Section 6.05.050: Landscape
Maintenance of the Ontario Development
Code.
• Trees and plant material should either be
native to Southern California or adaptive and
from regions with similar climates.
• Invasive plant species should be prohibited.
• All plants should be water-conserving,
drought-tolerant plants to the maximum
extent practical
• Trees, shrubs, hedges, and deciduous vines
should be used to minimize solar heat gain
during the summer and maximize heat gain
during the winter.
• Tree branches should be pruned to at least
7 feet from the ground for street trees.
• Landscaping should not obstruct
pedestrian movements and should be
designed in a way so as not to block visibility
of businesses and signage.
• Landscaping should not obstruct the
sightlines of motorist or pedestrians.
5.2.4.1 Paving Materials
Paving materials contribute significantly to
the overall outdoor experience. The style of
landscape, maintenance requirements, and the
specific purpose of the paved area should be
considered when selecting paving materials.
• Paving materials should complement
the architectural style as well as elevation
materials of the building.
• Paving materials should serve both
functionality and aesthetics. For example,
slip-resistant concrete, decorative pavers,
decomposed granite, or natural stone may
work well in walkways and garden paths
while bluestone, brick, or colored concrete
may be more welcoming for a patio.
• Materials should be chosen that withstand
weather conditions, foot traffic, and other
wear.
• A combination of paving materials should
be used to identify and define pedestrian
paths and to provide variety. Changes in
paving materials should be employed to
demarcate areas, for example, to separate
pedestrian walkways from other gathering
spaces.
Examples of paving materials are shown in
Figure 29.
5.2.3.2 Planting Materials
• Landscaping in the project area shall be
done in accordance with Section 6.05—
Landscaping, of the Ontario Development
Code.
• All landscaping in the Specific Plan Area
must be drought tolerant and California
friendly.
• Figure 30, Figure 31, and Figure 32
show examples of appropriate planting
materials that may be used for landscape
improvements within the Specific Plan Area.
5.2.5 Lighting
Effective site lighting is crucial for ensuring
safety, enhancing visibility, and promoting
energy efficiency in various environments. The
following guidelines outline best practices for
implementing a comprehensive lighting strategy
that addresses these goals. Adherence to these
principles helps create well-lit, secure, and
aesthetically pleasing spaces that meet the
needs of all users.
6049
05 | DESIGN GUIDELINES 47
Figure 27: Specific Plan Area Landscaping Examples
Figure 28: Rooftop Landscaping Elements
6050
48 EMPIRE GROVES SPECIFIC PLAN
Figure 29: Examples of Paving Materials
6051
05 | DESIGN GUIDELINES 49
Figure 30: Shrubs and Ground Cover Palette
6052
50 EMPIRE GROVES SPECIFIC PLAN
Figure 31: Evergreen, Deciduous, Flowering, and Palm Tree Palette 6053
05 | DESIGN GUIDELINES 51
The design, technology, and required
photometrics will be determined during the
final design stage. The fixture style, color and
material should be decided in conjunction with
other elements, such as benches and waste
receptacles, to create a coordinated look and
feel within the development. Below are some
guidelines for selection and placement of
lighting fixtures.
• Uniform lighting distribution should be
employed to reduce dark spots and improve
overall visibility.
• Adequate lighting should be provided
along pathways, walkways, and pedestrian
areas to ensure safe navigation. Use of low,
bollard-type lighting and/or landscape
accent lighting is encouraged, especially in
pedestrian areas.
• Lighting should be provided in all parking,
vehicular, and pedestrian circulation areas,
and loading and storage areas.
• Site lighting should not be directed off-site.
Light spill to the neighboring areas should be
minimized where feasible.
• Shielded fixtures that minimize sky
Figure 32: Reeds and Grasses Palette
glow, glare, and light trespass should be
used. While up-lighting may be allowed to
accentuate certain architectural features and
landscaping, care should be taken to make
sure that such features minimize sky glow.
• Lighting fixtures should complement
the façade and be of a style that suits the
architectural style of the building.
• The use of energy-efficient light-emitting
diode (LED) lighting fixtures should be
considered to reduce energy consumption
and maintenance costs.
• Motion sensors should be installed where
appropriate to activate lighting only when
needed, promoting energy conservation.
• Lighting provision during project
construction should be in accordance with
Ontario Municipal Code, Title 4, Chapter
11, Section 4-11.11, Construction site security
provisions.
6054
52 EMPIRE GROVES SPECIFIC PLAN
5.2.6 Sign Program
Informational signs may be installed throughout
the Specific Plan Area to provide information
about the businesses, such as development
name, logo, conference center, and retail uses
as well as for general advertising or marketing
purposes. Other directional and wayfinding
signage may be provided in addition to
informational signs. Below are the signage
guidelines to assist with the review and approval
of proposed project signage. An exhibit detailing
the locations and types of signs will be required
as part of the review and approval process
for the project’s sign program which shall
comply with Chapter 8 of the City of Ontario’s
Development Code, as further outlined in
Chapter 5.2.6.2 Sign Program Approval Process,
herein.
Digital Advertising Signs are allowed integrated
into the design of the building. The Digital
Advertising Signs may display products, brands,
and businesses associated with the commercial
uses in the development as well as offsite
advertisements, City sponsored events, and
public service announcements. An approved
Development Agreement or Master Sign
Program and user agreement shall be required
in accordance with the Ontario Development
Code to establish development standards for
design, approved content, sign area, location
and use.
5.2.6.1 Signage Guidelines
• Signage may display messages or images
utilizing a series or grid of lights that may
be changed by electronic means, including
cathode ray, LED display, plasma screen,
liquid crystal display (LCD), LED embedded,
architectural glass fiber optic, or other
electronic media or technology.
• Signs may be illuminated by external and/
or internal light sources.
• Use of exposed neon lighting and fiber
optics shall be prohibited.
• Signage colors, materials, and finishes shall
complement those used on the architecture
on-site.
• No sign shall be installed, relocated, or
maintained so as to prevent entry or exit out
of any door.
• No sign installation shall create a safety
hazard by obstructing views of pedestrian
and vehicular traffic.
• Any sign installation in a pedestrian
pathway shall leave a clear 5-foot space for
pedestrian movement.
• No signs shall be located within a required
easement unless an encroachment permit
has been authorized by the affected utility.
• No sign shall obstruct access to fire
hydrants, fire department connection, or fire
department access roads.
• Signs that audibly advertise, identify, or
provide direction to a use or activity are
prohibited.
• Signs exhibiting or displaying content of
an obscene, indecent, or immoral nature or
unlawful activity are prohibited.
• Entry monument signage may be used to
identify each development in the Specific
Plan Area. Entry monuments shall be
designed in accordance with City of Ontario
Traffic and Transportation Guidelines for
monument placement.
• Signage shall be employed to identify
a center and tenants within a center,
direct vehicular traffic, and provide on-site
wayfinding for pedestrians.
• Each business is permitted one wall sign
on each side that is visible from the street,
size and placement of these signs will
be reviewed as part of the sign program
approval process.
5.2.6.2 Sign Program Approval Process
The developer will submit a sign program
for projects in the Specific Plan Area in
accordance with City requirements. The
discretionary approval of a sign program will
be in accordance with the of the City of Ontario
Development Code.
6055
05 | DESIGN GUIDELINES 53
Deviations from the sign program may be
allowed to accommodate the design guidelines
in Section 5.2.5 Signage Guidelines of this
document.
The developer will provide the following to the
City:
1. Completed sign program application and
filing fee.
2. Three copies of the sign program. The sign
program shall be prepared in 8½” X 11” or 11” X
17” format, and shall include the following:
a. A master plan, drawn to scale,
delineating the site proposed to be
included in the sign program and the
general location of all signs.
b. Drawings indicating the exterior surface
details of all buildings within the site
upon which wall signs, directory signs,
or projecting signs are proposed to be
located.
c. Proposed color schemes of the signs.
5.2.7 Privacy and Security Screening
Privacy screening or fencing is designed to shield a
property from external view, preventing onlookers from
seeing into private spaces of the development. They
are intended to safeguard a property by preventing
unauthorized entry, trespassing, or intrusion.
• Peripheral walls and fences shall comply with Section
6.02.025 of the Ontario Development Code.
• Landscape screening, walls, or fencing shall be a
minimum of 6 feet and a maximum of 8 feet high.
• Walls should use brick, slump stone, tile, textured
concrete, stucco on masonry, or steel framing that is
complementary to the building materials used in the
façade of the building. Plain concrete block walls (i.e., precision block) or chain-link fencing with inserts are not permitted.
• Landscape hedges should be at least 2 feet wide.
• Wall, wrought iron, tubular steel fencing, or other
transparent type of fencing or walls should use
decorative columns, pilasters, or other architectural
elements to provide relief and break the monotony.
• All non-transparent perimeter walls and/or fences
should be treated with anti-graffiti paint or vines on
the roadside and should incorporate landscaping
whenever possible.
6056
54 06 Implementation
6057
06 | IMPLEMENTATION 55
6.1 Applicability
The provisions and regulations contained in
this Specific Plan provide the standards for
land uses and development located within
the Specific Plan Area. The Specific Plan
supersedes otherwise applicable City of Ontario
development standards and regulations unless
stated otherwise in this document. Whenever
the provisions and development standards
contained in the Specific Plan conflict with
those contained in the City of Ontario Zoning
Code, the provisions of the Specific Plan shall
take precedence. Where the Specific Plan does
not address such provisions, the City of Ontario
Zoning Code shall apply.
6.2 Severability
In the event that any provision of this
Specific Plan or its application to any person
or circumstance is held to be invalid or
unconstitutional by any court of competent
jurisdiction, such portions shall be deemed
separate, distinct, and independent, and shall
not affect the validity of the remaining provisions
of this Specific Plan or applications thereof,
which can be implemented without the invalid
provision or application.
6.3 Interpretation
The Planning Director or his/her designee is
authorized by the City of Ontario to interpret,
administer, and enforce the provisions of the
Empire Groves Specific Plan. The provisions
of this Specific Plan shall be interpreted in a
manner consistent with the goals, policies,
purpose, and intent established in the Empire
Groves Specific Plan.
6.4 Development Review
The procedures and regulatory provisions
necessary to administer the development
review procedures for applicable properties,
structures, and uses located within the Empire
Groves Specific Plan Area shall be subject to
the requirements as set forth herein and in
accordance with Chapter 6.0: Development and
Subdivision Regulations of the City of Ontario
Development Code.
The Specific Plan is reviewed by the Planning
Director or his/her designee and Development
Advisory Board. Any suggested revisions will be
discussed and made as appropriate. It will then
be reviewed by the City of Ontario Planning
Commission and approved and adopted by the
City Council. Once adopted, the Empire Groves
Specific Plan forms the legal framework for the
evaluation of development applications.
6.5 Financing
All on-site improvements will be undertaken and
financed by the developer. The costs for related
off-site improvements shall be the responsibility
of either the developer or the City as defined
further in the conditions of approval and
Development Agreement.
6.6 Maintenance
Responsibilities
Maintenance of all improvements within the
Specific Plan Area, including private/quasipublic open space and recreation facilities; private driveways; circulation; landscape;
and WQMP, BMPs, and private drainage
infrastructure (underground infiltration
chambers and CDS Units) will be the
responsibility of the applicant. Maintenance of
the public ROW including sidewalk areas in the
immediate vicinity of the Specific Plan Area will
also be the responsibility of the City.
6.7 Specific Plan
Amendments
Amendments to the Empire Groves Specific
Plan may be requested by the applicant or
by the City at any time pursuant to Section
6058
56 EMPIRE GROVES SPECIFIC PLAN
65453(a) of the California Government Code.
Amendments shall be processed pursuant to
the provisions of the Government Code for
specific plan amendments. In the event the
proposed amendment requires supplemental
environmental analysis pursuant to CEQA, the
applicant will be responsible for preparation of
the necessary CEQA documentation. Below are
the processes of minor and major amendments
to this Specific Plan.
6.7.1 Minor Amendments
Minor amendments to the development
standards and design guidelines of a
Specific Plan are permitted under City of
Ontario Municipal Code Sec. 4.02.080. These
amendments require a discretionary review
process, which can be initiated by either the
developer or the City of Ontario. Approval
may be granted by the Planning Director or
their designee, as specified in the Ontario
Development Code, Division 2.02, Table 2.02.1,
(Section B, item 12). Any modifications must
align with the intent of the originally approved
Specific Plan, be in substantial conformance
with it, and not be detrimental to public health,
safety, and welfare. No further approval will be
necessary.
Some examples of minor amendments are listed
below.
• Changes to Specific Plan boundary,
provided the total acreage of the affected
area does not increase or decrease the total
acreage by more than 15 percent.
• Additions, deletions, or modifications to
Table 3, Allowable Uses, which lists the
permitted and conditionally permitted uses in
the Specific Plan Area, provided the Planning
Director determines the changes to be
consistent with the objectives and intent of
the Specific Plan and therefore minor.
• Minor adjustments to design guidelines
including conceptual architecture, landscape,
signage, and lighting.
• Minor adjustments to landscape materials,
wall materials, wall alignment, entry design
and streetscape design that are consistent
with the conceptual design set forth in the
specific plan’s development standards and
design guidelines.
• Revisions to infrastructure facility sizing
and precise location for dry utilities, water,
sewer, and storm drainage improvements
subject to approval of the City Engineer.
• Revisions to roadway alignments when the
change results in a centerline shift of less
than 250 feet.
• Other adjustments or revisions of similar
nature to those listed above that do not
substantially change the intent or character
of the Specific Plan and are deemed minor
by the Planning Director.
6.7.2 Major Amendments
Specific amendments that are more substantial
in nature than minor adjustments and include
changing any regulation, general provision,
procedure, or other provision will be considered
a major adjustment to the Specific Plan and
shall be subject to a formal Specific Plan
Amendment application process pursuant to
Section 4.01.035 of the Ontario Development
Code and California Government Code Section
65450, et seq.
If the proposed amendment requires
supplemental environmental analysis pursuant
to CEQA, the applicant shall adhere to the City’s
adopted procedures and CEQA Guidelines.
6059
06 | IMPLEMENTATION 57
6.8 CEQA Review
City of Ontario is defined as the lead agency under CEQA based on its authority to approve the Empire Groves
Specific Plan. Prior to an approval of a project within the Specific Plan Area, the City Council will be required to certify the associated environmental document.
California Public Resources Code Section 21081.6 also
requires public agencies to adopt a Mitigation Monitoring and Reporting Program to ensure that mitigation measures are implemented. Prior to a Certification of Occupancy
for any building located within the Specific Plan Area, the Planning Director or his/her designee, as appropriate, shall confirm that applicable mitigation measures have been
implemented in accordance with the approved plans.
6060
58 A
Consistency
with General
Plan Update
APPENDIX
6061
596062
Appendix A: General Plan Consistency Analysis
Land Use Element
GOAL
LU‐1
A community that has a spectrum of housing types and price ranges that match the jobs in the City and that make it possible for people to live and work in Ontario and maintain a quality of life.
Policies
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. (Link to Mobility Element Policies M2‐M‐2.1, M3‐M‐3.3; Community Design Element Image and Identity Section; Community Design Policies CD‐3.1, CD‐
3.3, CD‐3.6)
Consistent: The Specific Plan is in a planned growth area (Guasti District) per the General Plan.
LU‐1.2
Sustainable Community Strategy. We integrate state, regional, and local Sustainable Community/Smart Growth principles into the development and entitlement process.
Consistent: The Specific Plan integrates many sustainable and smart growth strategies. It supports multimodal transportation in the area.
LU‐1.3
Adequate Capacity. We require adequate infrastructure and services for all development. Consistent: Adequate existing infrastructure is available for the Specific Plan.
LU‐1.4
Multimodal Mobility. We require development and urban design, where appropriate, that reduces reliance on the automobile and capitalizes on active transportation, transit, electric vehicles, and multimodal transportation opportunities (Link to Mobility Element Policies M‐2.1, M‐3.3; Community Design Element Policy CD‐2.6, CD‐3.1, CD‐3.3, CD3.6).
Consistent: The Specific Plan is a mixed‐use plan. It supports multimodal transportation planning projects in the area. It includes provisions for bicycle parking, electric vehicle charging stations, and other amenities.
LU‐1.5
Jobs‐Housing Balance. We coordinate land use, infrastructure, and transportation planning and analysis with regional, county, and other local agencies to further regional and subregional goals for jobs‐housing balance. (Link to Community Economics Element Policy CE‐1.1; Mobility Element Policy M‐1.6)
Consistent: The Specific Plan is a mixed‐use plan with Hotel and Local Serving Retail uses and will contribute to a substantial number of jobs in the area which leads to jobs‐housing balance.
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. (Link to Community Economics Element Complete Community Section; Community Design Element Urban, Mixed Use, and Transit‐oriented Place Types Section)
Consistent: The Specific Plan is primarily commercial and does not include housing. However, it is designed to create job opportunities for residents within the City. This approach contributes to the development of complete communities by fostering local employment and supporting the overall economic growth of the area.
6063
LU‐1.7
Revenues and Costs. We require future amendments to our Land Use Plan to be accompanied by analyses of fiscal impacts. (Link to Community Economics Policy CE‐3.2)
Consistent: The Specific Plan will be financed by the developer.
GOAL
LU‐2 Compatibility between a wide range of uses and resultant urban patterns and forms.
Policies
LU‐2.1
Land Use Decisions. We minimize adverse impacts on adjacent properties when considering land use and zoning requests.
Consistent: The Specific Plan will not have any adverse impacts on the adjacent properties. It will contribute positively as the adjacent properties include a conference center, airport, and other hotel properties that are complementary to this development.
LU‐2.2
Buffers. We require new uses to provide mitigation or buffers between existing uses where potential adverse impacts could occur. Additional mitigation is required when new uses could negatively impact environmental justice areas. (Link to Community Design Element)
Consistent: Although this area is classified as an environmental justice area according to Cal Enviroscreen 4.0, it is not residential. The high pollution burden, largely due to the nearby airport, contributes to its high score. The Specific Plan incorporates sustainable strategies and is a mixed-use plan. It supports multimodal transportation projects in the area and includes provisions for bicycle parking, electric vehicle charging stations, and other amenities.
LU‐2.3
Hazardous Uses. We regulate the development of industrial and similar uses that use, store, produce, or transport toxic substances, air emissions, other pollutants, or hazardous materials. (Link to Safety Element Hazardous Materials & Waste Section, including Policies S‐6.4 and S‐6.5) Consistent: There are no hazardous materials stored, produced, or transported to the site. Standard cleaning and laundry services for the hotel are provided.
LU‐2.4
Regulation of Nuisances. We regulate the location, concentration, and operation of potential nuisances. N/A
LU‐2.5
Regulation of Uses. We regulate the location, concentration, and operation of uses that have impacts on surrounding land uses. N/A
LU‐2.6
Infrastructure Compatibility. We require infrastructure to be aesthetically pleasing and in context with the community character.
Consistent: The Specific Plan will add new sidewalks and landscaping along Holt Boulevard and Guasti Road, a corner plaza at the intersection and the entrance court with heavy landscaping, all of which will contribute to the aesthetically pleasing surroundings.
LU‐2.7
Inter‐jurisdictional Coordination. We maintain an ongoing liaison with ONT, Caltrans, Public Utilities Commission, the railroads, and other agencies to help minimize impacts and improve the operations and aesthetics of their facilities.
N/A
LU‐2.8
Transitional Areas. We require development in transitional areas to protect the quality of life of current residents. N/A
LU‐2.9
Methane Gas Sites. We require sensitive land uses and new uses on former dairy farms or other methane‐producing sites be designed to minimize health risks.
N/A
6064
LU‐2.10
Sensitive Uses. We monitor and share information with the community about stationary and non‐stationary emission sources. We encourage siting and design of facilities to minimize health and safety risks on existing and proposed sensitive uses, especially in environmental justice areas.
N/A
LU‐2.11
Context‐Aware Transitions and Connections. We require new development projects and land‐planning efforts to provide context‐aware and appropriate transitions and connections between existing and planned neighborhoods, blocks, sites, and buildings. (Link to Community Design Element Policies CD‐
1.1, CD‐1.3, CD‐3.4)
Consistent: The Specific Plan complements the adjacent properties, including a conference center, airport, and other hotel properties. Therefore, the proposed development is context‐aware with appropriate transitions and connections.
GOAL
LU‐3
Staff, regulations and processes that support and allow flexible response to conditions and circumstances in order to achieve the Vision.
Policies
LU‐3.1
Development Standards. We maintain clear development standards which allow flexibility to achieve our Vision and provide objective standards that ensure predictability and deliver the intended physical outcomes. (Link to Community Design Element Design Quality and Urban, Mixed Use, and Transit‐oriented Place Types Sections)
Consistent: The development standards chapter provides mandatory provisions that are intended to achieve the vision of the Specific Plan and provide for objective standards that are measurable. The design guidelines however are not mandatory and provide flexibility.
LU‐3.2
Design Incentives. We offer design incentives to help projects achieve the Vision. (Link to Community Design Element) N/A
LU‐3.3
Land Use Flexibility. We consider uses not typically permitted within a land use category if doing so improves livability, reduces vehicular trips, creates community gathering places and activity nodes, and helps create identity.
Consistent: The Specific Plan development standards include bicycle facilities and includes bike rentals as a permitted use that may aid in the reduction of vehicular trips. The Specific Plan is a mixed‐use development and provides for local serving retail and restaurants that will also help reduce trips. The Local Serving Retail area has a public plaza and outdoor seating which contributes to community gathering places. The hotel features gathering areas and landscaping both within and around the property, enhancing the overall appeal of the area.
GOAL
LU‐4
Development that provides short‐term value only when the opportunity to achieve our Vision can be preserved.
Policies
LU‐4.1
Commitment to Vision. We are committed to achieving our Vision but realize that it may take time and several interim steps to get there.
Consistent: The plan is consistent with Guasti District's vision within the Ontario Plan.
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LU‐4.2
Interim Development. We allow development in urban, mixed use, and transit‐ oriented Place Types that is not immediately reflective of our ultimate Vision for the Place Type, provided it can be modified or replaced when circumstances are right to support development aligned with the Place Type Vision. We will not allow development that impedes, precludes, or compromises our ability to achieve our Vision. (Link to Community Economics Element Policy CE‐2.3; Community Design Element Policy CD‐1.2; Community Design Element Urban, Mixed Use, and Transit‐oriented Place Types section).
Consistent: The Specific Plan is a mixed‐use plan with Hotel and Local Serving Retail uses and transit‐ supportive use.
LU‐4.3
Infrastructure Timing. We require that the necessary infrastructure and services be in place prior to or concurrently with development. Consistent: The necessary infrastructure and services either exist or will be in place to support development within the Specific Plan.
LU‐4.4
Shared Infrastructure. We encourage and facilitate the use of shared infrastructure (including shared or managed parking) in urban, mixed use, and transit‐oriented Place Types. (Link to Community Design Element Policy CD‐
3.6)
Consistent: The Specific Plan is a mixed‐use plan with Hotel and Local Serving Retail uses and transit‐ supportive use. The parking areas are shared. The ULI shared parking analysis has provided on‐site parking for the entire development. The plaza area at the intersection of Holt Boulevard and Guasti Road is a public plaza.
GOAL
LU‐5 Integrated airport systems and facilities that minimize negative impacts to the community and maximize economic benefits.
Policies
LU‐5.1
Coordination with Airport Authorities. We collaborate with FAA, Caltrans Division of Aeronautics, airport owners, neighboring jurisdictions, and other shareholders in the preparation, update, and maintenance of airport‐related plans.
Consistent The Specific Plan is consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan. The Specific Plan includes uses compatible with surrounding land uses and adjacent properties.
LU‐5.2
Airport Planning Consistency. We coordinate with airport authorities to ensure The Ontario Plan is consistent with state law, federal regulations, and/or adopted master plans, and airport land use compatibility plans for ONT and Chino Airport.
Consistent: The Specific Plan is consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan. The Specific Plan includes uses compatible with surrounding land uses and adjacent properties.
LU‐5.3
Airport Impacts. We work with agencies to maximize resources to mitigate the impacts and hazards related to airport operations – their homes.
Consistent: The Specific Plan is consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan. The Specific Plan includes uses compatible with surrounding land uses and adjacent properties.
LU‐5.4
ONT Growth Forecast. We support and promote an ONT that accommodates 30 million annual passengers and 1.6 million tons of cargo per year, as long as the impacts associated with that level of operations are planned for and mitigated.
N/A
LU‐5.5
Airport Compatibility Planning for ONT. We create and maintain the Airport Land Use Compatibility Plan for ONT. Consistent: The Specific Plan is consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan.
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LU‐5.6
Alternative Process. We fulfill our responsibilities and comply with state law with regard to the Alternative Process for proper airport land use compatibility planning.
Consistent: The Specific Plan is consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan.
LU‐5.7
ALUCP Consistency with Land Use Regulations. We comply with state law that requires general plans, specific plans, and all new development to be consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan for any public‐use airport.
Consistent: The Specific Plan is consistent with the policies and criteria set forth within an Airport Land Use Compatibility Plan. The allowable height is within the range (100' to 150') as prescribed by Airport Land Use Compatibility Plan.
LU‐5.8
Chino Airport. We will support the creation and implementation of the Airport Land Use Compatibility Plan for Chino Airport. N/A
Housing Element
GOAL
H‐1
Stable neighborhoods of quality housing, ample community services and public facilities, well‐maintained infrastructure, and public safety that foster a positive sense of identity.
Policies
H‐1.1
Housing Rehabilitation. We support the rehabilitation, maintenance, and improvement of single‐family, multiple‐family, and mobile homes through code compliance, removal of blight where necessary, and provision of rehabilitation assistance where feasible.
N/A: The Specific Plan is a mixed‐use plan with Hotel and Local Serving Retail uses. It does not include housing.
H‐1.2
Neighborhood Conditions. We direct efforts to improve the long‐term sustainability of neighborhoods through comprehensive planning, provision of neighborhood amenities, rehabilitation and maintenance of housing, and community building efforts.
Consistent: The Specific Plan has a Local Serving Retail component with a public plaza that will contribute to neighborhood amenities. Development within the Specific Plan will contribute to a substantial number of jobs in the area and lead to jobs‐housing balance and community building efforts.
H‐1.3
Community Amenities. We shall provide adequate public services, infrastructure, open space, parking and traffic management, pedestrian, bicycle, and equestrian routes and public safety for neighborhoods consistent with City master plans and neighborhood plans.
Consistent: The Specific Plan has a Local Serving Retail component with a public plaza that will contribute to neighborhood amenities. The Specific Plan will create a pedestrian realm with wide, buffered, and landscaped sidewalks that will contribute to pedestrian safety.
H‐1.4
Historical Preservation. We support the preservation and enhancement of residential structures, properties, street designs, lot configurations, and other reminders of Ontario’s past that are considered to be local historical or cultural resources.
N/A: There are no local historical or cultural resources within the Specific Plan.
H‐1.5
Neighborhood Identity. We strengthen neighborhood identity through creating parks and recreational outlets, sponsoring neighborhood events, and encouraging resident participation in the planning and improvement of their neighborhoods.
Consistent: The hotel is envisioned to be a world‐class hotel with high aesthetic value creating identity for the neighborhood. Additionally, it will provide paid event space in the form of banquet halls as well as restaurants.
Additionally, it includes a public plaza in the Local Serving Retail portion of the Specific Plan.
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GOAL
H‐2
Diversity of types of quality housing that are affordable to a range of household income levels, accommodate changing demographics, and support and reinforce the economic sustainability of Ontario.
Policies
H‐2.1
Corridor Housing. We revitalize transportation corridors by encouraging the production of higher density residential and mixed‐uses that are architecturally, functionally, and aesthetically suited to corridors.
N/A: The Specific Plan is a commercial mixed‐use plan with Hotel and Local Serving Retail uses. It does not include a residential component. However, development within the Specific Plan will contribute to a substantial number of jobs in the area and lead to jobs‐housing balance.
H‐2.2
Historic Downtown. We foster a vibrant historic downtown through facilitating a wide range of housing types and affordability levels for households of all ages, housing preferences, and income levels.
N/A: The Specific Plan is a commercial mixed‐use plan with Hotel and Local Serving Retail uses. It does not include a residential component.
H‐2.3
Ontario Airport Metro Center. We foster a vibrant, urban, intense, and highly amenitized community in the Ontario Airport Metro Center Area through a mix of residential, entertainment, retail, and office‐oriented uses.
The Specific Plan is within the Ontario Airport Metro Center and provides for a commercial mixed‐use development with Hotel and Local Serving Retail.
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.
N/A: The Specific Plan is a commercial mixed‐use plan with Hotel and Local Serving Retail uses. It does not include a residential component.
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.
N/A: The Specific Plan is a commercial mixed‐use plan with Hotel and Local Serving Retail uses It does not include a residential component.
H‐2.6
Infill Development. We support the revitalization of neighborhoods through the construction of higher‐density residential developments on underutilized residential and commercial sites.
N/A: The Specific Plan is a commercial mixed‐use plan with Hotel and Local Serving Retail uses It does not include a residential component.
GOAL
H‐3
A City regulatory environment that balances the need for creativity and excellence in residential design, flexibility and predictability in the project approval process, and the provision of an adequate supply and prices of housing.
Policies
H‐3.1
Incentives. We maintain incentive programs that can be offered to projects that provide benefits to the community such as exceptional design quality, economic advantages, environmental sustainability, or other benefits that would otherwise be unrealized.
N/A
H‐3.2
Flexible Standards. We allow flexibility in the application of residential and mixed‐use development standards in order to gain benefits such as exceptional design quality, economic advantages, sustainability, or other benefits that would otherwise be unrealized.
Consistent: The development standards for mixed‐use development are flexible and provide for high quality development.
H‐3.3
Development Review. We maintain a residential development review process that provides certainty and transparency for project stakeholders and the public, yet allows for the appropriate review to facilitate quality housing development.
N/A
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H‐3.4
Financial Incentives. We consider financial incentives to facilitate and encourage the production, rehabilitation or improvement of housing, or provision of services where such activity furthers housing and community‐ wide goals.
N/A
GOAL
H‐4
Increased opportunities for low‐ and moderate‐income households and families to afford and maintain quality ownership and rental housing opportunities, including move‐up opportunities. Inclusive communities, racial equity, fair housing choice, and access to opportunity.
Policies
H‐4.1
Preservation of Affordable Apartments. We strive to facilitate the preservation of the affordability of publicly assisted apartments for lower‐ income households through financial assistance, technical assistance, rehabilitation, and collaborative partnerships.
N/A
H‐4.2
Homeownership Opportunities. We increase and expand homeownership rates for lower‐ and moderate‐income households by offering financial assistance, low‐interest loans, and educational resources, and by working in collaboration with partnerships.
N/A
H‐4.3
Rental Assistance. We support the provision of rental assistance for individuals and families earning extremely low, very low, and low income with funding from the state and federal government.
N/A
H‐4.4
Mixed‐income Housing. We encourage the integration of affordable housing in the Ontario Ranch, Ontario Airport Metro Center Area, and existing neighborhoods.
N/A
H‐4.5
Collaborative Partnerships. We support collaborative partnerships of nonprofit organizations, affordable housing developers, major employers, and for‐profit developers to produce affordable housing.
N/A
H‐4.6
Fair Housing. We further fair housing by prohibiting discrimination in the housing market, lifting barriers that restrict access to housing, and providing education, support, and enforcement services to address discriminatory practices.
N/A
GOAL
H‐5
A full range of housing types and community services that meet the special housing needs for all individuals and families in Ontario, regardless of income level, age, or other status.
Policies
H‐5.1
Senior Housing. We support the development of accessible and affordable senior housing and provide financial assistance for seniors to maintain and improve their homes.
N/A
H‐5.2
Family Housing. We support the development of larger rental apartments that are appropriate for families with children, including, as feasible, the provision of services, recreation, and other amenities.
N/A
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H‐5.3
Disabled People. We increase the supply of permanent, affordable, and accessible housing for people with disabilities, and provide assistance to allow them to maintain and improve their homes.
N/A
H‐5.4
Homeless People. We partner with nonprofit partners to provide emergency shelters, transitional housing, permanent supportive housing, and supportive services for people who are homeless.
N/A
H‐5.5
Supportive Services. We financially support organizations, as feasible, that provide support services that meet the needs of those with special needs and further the greatest level of independence.
N/A
H‐5.6
Partnerships. We collaborate with nonprofit organizations, private developers, employers, government agencies, and other interested parties to develop affordable housing and provide support services.
N/A
Parks and Recreation Element
GOAL
PR‐1 A system of safe and accessible parks that meets the needs of the community.
Policies
PR‐1.1
Access to Parks. In all new residential development areas, we strive to provide a park and/or recreational facility within walking distance (¼ mile) of every residence and prioritize the establishment of parks in environmental justice areas that do not have adequate access to parks.
N/A: The Specific Plan is a commercial mixed‐use plan with Hotel and Local Serving Retail uses. Although this area is classified as an environmental justice area according to Cal Enviroscreen 4.0, it is not residential and does not include a residential component. However, the plan encourages the improvement of and connection to Cucamonga Creek Trail and improvements of Holt Boulevard and Guasti Road which will contribute to the safe and comfortable mobility between the Specific Plan and surrounding uses.
PR‐1.2
Adjacency to Schools. We examine locating parks adjacent to school sites to promote joint‐use opportunities.
N/A: The Specific Plan does not include a residential component so there is no impact on the location of schools.
PR‐1.3
Funding. We shall seek outside, one‐time sources of funding for capital improvements and reserve ongoing City funds primarily for operations and maintenance.
N/A
PR‐1.4
Joint‐use Opportunities. In areas where there is a need but no City recreational facility, we explore joint‐use opportunities. (e.g., school sites).
N/A
PR‐1.5
Acreage Standard. We strive to provide 5 acres of parkland (public and private) per 1,000 residents. Consistent. The Specific Plan contributes to both public and private open space. Please see below for the Public/Private landscape area breakdown:
‐ Level 1: Public landscape (not including driveways):28,621 sq ft; Private ‐ landscape:205,335 sq ft
‐ Level 3: Private landscape: 57,365 sq ft
‐ Level 9: Private landscape: 32,119 sq ft
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PR‐1.6
Private Parks. We expect development to provide a minimum of 2 acres of developed private park space per 1,000 residents. Consistent. The Specific Plan contributes to both public and private open space. Please see below for the Public/Private landscape area breakdown:
‐ Level 1: Public landscape (not including driveways):28,621 sq ft; Private ‐ landscape:205,335 sq ft
‐ Level 3: Private landscape: 57,365 sq ft
‐ Level 9: Private landscape: 32,119 sq ft
PR‐1.7
Special Needs/Universal Design. We attempt to provide recreational opportunities at parks for people of all ages and abilities.
Consistent. The Specific Plan aims to design all public realm and open space facilities with Universal Design standards.
PR‐1.8
Renovation. We examine renovating existing facilities prior to building replacement facilities. N/A: This is a new development Specific Plan.
PR‐1.9
Phased Development. We require parks be built in new communities before a significant proportion of residents move in. N/A: The Specific Plan does not have a residential component PR‐1.10
Master Plans for Individual Park Facilities. We require an individual park master plan for parks in excess of 10 acres. N/A
PR‐1.11
Environmental Function of Parks. We require new parks to meet environmental management objectives. N/A: The development is not a parks project.
PR‐1.12
Trails. We promote connections between parks and local trails including those managed by other public agencies.
N/A: The development is not a parks project, but the Specific Plan is supportive of connections to the Cucamonga Creek Trail.
PR‐1.13
Equestrian Trails. We require the design, construction, and maintenance of equestrian trails in Rural Residential designated areas.
N/A
PR‐1.14
Multi‐family Residential Developments. We require that new multi‐family residential developments of five or more units provide recreational facilities or open space, in addition to paying adopted impact fees.
N/A: The development is not a residential project.
PR‐1.15
Trail Connectivity. We strengthen and improve equestrian, bike, and multipurpose trail connections within the City and work to improve trail connections into adjacent jurisdictions.
Consistent: The development is supportive of connections to the Cucamonga Creek Trail.
PR‐1.16
Equestrian Master Plan. We use Homer Briggs Park as the primary focal point for the development of a Master Plan of Equestrian Trails in the Rural Residential area.
N/A
GOAL
PR‐5
A range of recreational programs provided by public, private, and nonprofit organizations that meet the needs of the community’s varied interests, age groups, and abilities.
Policies
PR‐2.1
Participation. We program park facilities to maximize utilization and participation, while considering park size, location, and population served.
N/A: The development is not a parks project.
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PR‐2.2
Needs Assessment. We track the needs and priorities for recreational programming and look for ways to meet demand. N/A: The development is not a parks project.
PR‐2.3
Community Involvement. We involve the local community in planning programs for neighborhood and community park facilities. N/A: The development is not a parks project.
PR‐2.4
Access to Programs. We provide a range of recreational and physical exercise programs that are accessible to residents of all income levels throughout the community and prioritize establishing and maintaining equitable access for residents in environmental justice areas.
N/A: Although this area is classified as an environmental justice area according to Cal Enviroscreen 4.0, it does not include residential and is not a parks project.
However, the Specific Plan incorporates sustainable strategies and public open space. The plan also encourages the improvement of and connection to Cucamonga Creek Trail. Additionally, public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road contribute to walkability and connectivity to surrounding areas.
PR‐2.5
Partnerships. We partner with local and regional agencies, nonprofit organizations, and the private sector to provide a comprehensive range of recreational programs.
N/A
PR‐2.6
Crime Deterrents. We promote and participate in recreational programming as part of our crime prevention effort. N/A
Environmental Resources Element
GOAL
ER‐1 A reliable and cost‐effective system that permits the City to manage its diverse water resources and needs.
Policies
ER‐1.1
Local Water Supply. We increase local water supplies to reduce our dependence on imported water. New and redevelopment projects are aligned with our available water supply and/or to enhance our available water supply.
Consistent: Development within the Specific Plan is consistent with General Plan and will not impose water demand beyond that analyzed in the General Plan.
ER‐1.2
Matching Supply to Use. We match water supply and quality to the appropriate use. N/A
ER‐1.3
Conservation and Sustainable Water Supply. We work with regional water providers and users to conserve water and ensure sustainable local water supplies as more frequent droughts reduce long term local and regional water availability
N/A
ER‐1.4
Supply‐Demand Balance. We require that available water supply and demands be balanced.
Consistent: Development within the Specific Plan is consistent with General Plan and will not impose water demand beyond that analyzed in the General Plan.
ER‐1.5
Water Resource Management. Environmental justice areas are prioritized as we coordinate with local agencies to protect water quality, prevent pollution, address existing contamination, and remediate contaminated surface water and groundwater.
N/A
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ER‐1.6
Urban Run‐off Quantity. We encourage the use of low impact development strategies, including green infrastructure, to intercept run‐off, slow the discharge rate, increase infiltration, and ultimately reduce discharge volumes to traditional storm drain systems.
Consistent: Development within the Specific Plan will use native or drought‐tolerant landscaping techniques and will incorporate LID where feasible.
ER‐1.7
Urban Run‐off Quality. We require the control and management of urban run‐ off, consistent with Regional Water Quality Control Board regulations.
Consistent: Development within the Specific Plan will use native or drought‐tolerant landscaping techniques and will incorporate LID where feasible.
ER‐1.8
Wastewater Management. We require the management of wastewater discharge and collection consistent with waste discharge requirements adopted by the Regional Water Quality Control Board.
Consistent: Development within the Specific Plan will be consistent waste discharge requirements adopted by the Regional Water Quality Control Board.
GOAL
ER‐2 A cost effective, integrated waste management system that meets or exceeds state and federal recycling and waste diversion mandates.
Policies
ER‐2.1 Waste Diversion. We shall meet or exceed AB 939 requirements. Consistent: Development within the Specific Plan will comply with state requirements.
ER‐2.2
Hazardous and Electronic Wastes. We prohibit the disposal of hazardous and electronic waste into the municipal waste stream pursuant to state law.
Consistent: Development within the Specific Plan will comply with state requirements.
ER‐2.3
Purchase Products Made from Recycled Materials. We purchase recycled‐ content products where it is cost effective.
Consistent: Development within the Specific Plan will purchase products made from recycled materials where feasible ensuring competitiveness in the market or adherence to industry standards.
GOAL
ER‐3
Cost‐effective and reliable energy system sustained through a combination of low impact buildings, site and neighborhood energy conservation, and diverse sources of energy generation that collectively helps to minimize the region’s carbon footprint.
Policies
ER‐3.1
Conservation Strategy. We require conservation as the first strategy to be employed to meet applicable energy‐saving standards.
Consistent: Development within the Specific Plan will aim to conserve energy to the extent feasible based on market competitiveness and industry standards.
ER‐3.2
Green Development– Communities. We encourage the use of the LEED Neighborhood Development rating system, or similar mechanism, to guide the planning and development of all new communities.
Consistent: Development within the Specific Plan will use many sustainable practices such as shared parking, drought‐tolerant landscaping, transit‐supportive design, mixed‐use development, pedestrian support, electric charging stations, bike parking facilities, provision of open spaces, heat island reduction, light pollution reduction, enhanced indoor air quality strategies, low‐emitting materials, daylighting, and other techniques that are consistent with the LEED Neighborhood Development rating system.
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ER‐3.3
Building and Site Design. We require new construction to incorporate energy efficient building and site design strategies, which could include appropriate solar orientation, maximum use of natural daylight, passive solar, and natural ventilation.
Consistent: The building maximizes the site's potential for appropriate solar orientation, maximum use of natural daylight, passive solar, and natural ventilation. The main façade of the building is on the south which receives maximum sunlight. Being a hotel with a double‐loaded corridor, the rooms are also oriented toward the north. Vertical architectural fin walls are used for solar control as well as architectural element.
ER‐3.4
Green Development– Public Buildings. We require all new and substantially renovated City buildings in excess of 10,000 square feet achieve a LEED Silver Certification standard, as determined by the U.S. Green Building Council.
N/A: The Specific Plan is not a City building.
ER‐3.5
Fuel‐Efficient and Alternative Energy Vehicles and Equipment. We require purchase and use vehicles and equipment that are fuel efficient and meet or surpass state emissions requirements and/or use renewable sources of energy.
Consistent: Any new vehicles owned for the use of the hotel will meet or surpass state emissions requirements and/or use renewable sources of energy.
ER‐3.6
Generation‐ Renewable Sources. We promote the use of renewable energy sources (e.g., solar, wind, biomass) in public and private sector development.
Consistent: Development within the Specific Plan will consider using renewable energy sources.
GOAL
ER‐4 Improved indoor and outdoor air quality and reduced locally generated pollutant emissions.
Policies
ER‐4.1
Land Use. We reduce GHG and other local pollutant emissions through compact, mixed use, and transit‐oriented development and development that improves the regional jobs‐housing balance.
Consistent: The Specific Plan is a mixed‐use development with a hotel and retail area and will contribute to a substantial number of jobs in the area and lead to a jobs-housing balance.
ER‐4.2
Sensitive Land Uses. We prohibit the future siting of sensitive land uses within the distances defined by the California Air Resources Board for specific source categories, without sufficient mitigation.
N/A
ER‐4.3
Greenhouse Gases (GHG) Emissions Reductions. We will reduce GHG emissions in accordance with regional, state, and federal regulations. Consistent: The Specific Plan is a mixed‐use development with a hotel and retail area. It is transit supportive as it is located in the vicinity of Metrolink and Amtrak Stations and BRT route. It encourages active transportation by providing an enhanced public realm and bike facilities. The plan encourages the improvement of and connection to Cucamonga Creek Trail. The land uses allow for bike rental and repair facilities in the Local Serving Retail area. It also has an electric charging station in the parking areas. All of the above contribute to the lowering of GHG.
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ER‐4.4
Indoor Air Quality. We will comply with State Green Building Codes relative to indoor air quality. We seek funding to improve indoor air quality for households with poor indoor air quality, with priority for lower income households in environmental justice areas.
Consistent: The indoor building materials will comply with State Green Building Codes.
ER‐4.5
Transportation. We promote mass transit and non‐motorized mobility options (walking, biking) to reduce air pollutant emissions. Consistent: The Specific Plan is a mixed‐use plan with hotel and retail uses. It is transit‐supportive as it is located in the vicinity of Metrolink and Amtrak Stations and BRT route. It encourages active transportation by providing an enhanced public realm and bike facilities. The plan encourages the improvement of and connection to Cucamonga Creek Trail. The land uses allow for bike rental in the Local Serving Retail area. It also has an electric charging station in the parking areas. All of the above contribute to reducing air pollutant emissions.
ER‐4.6
Particulate Matter. We support efforts to reduce particulate matter to meet State and Federal Clean Air Standards.
Consistent: The development will comply with State and Federal Clean Air Standards.
ER‐4.7
Other Agency Collaboration. We collaborate with other agencies within the South Coast Air Basin to improve regional air quality at the emission source, with a particular focus on sources that affect environmental justice areas in Ontario.
N/A
ER‐4.8
Tree Planting. We protect healthy trees within the City and plant new trees to increase carbon sequestration and help the regional/local air quality. We expand the tree canopy in environmental justice areas to enhance air quality and reduce the “heat island” effect.
Consistent: The Specific Plan includes a number of new trees (See landscaping concepts) that will contribute to enhancing air quality and reducing the “heat island” effect.
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ER‐4.9
New Localized Air Pollution Sources Near Existing Sensitive Receptors. We require new developments to conduct a Health Risk Assessment for land uses that generate more than 100 trucks per day or 40 trucks per day by trucks operating transportation refrigeration units (TRU's) within 1,000 feet from sensitive land uses (California Health and Safety Code § 42705.5(a)(5)). If the health risk assessment determines the new development poses health hazards that increase the incremental cancer risk above the threshold established by the South Coast Air Quality Management District (AQMD), we will only approve permits upon the condition that adequate mitigation measures are proposed and implemented for potential impacts on the sensitive uses around the site and along the route within Ontario taken by the trucks to and from freeways. We require new developments that must perform a health risk assessment to conduct additional public outreach by sending notifications in multiple languages to all residents living within 500 feet and encourage hosting a public meeting.
N/A
GOAL
ER‐5 Protected high value habitat and farming and mineral resource extraction activities that are compatible with adjacent development.
Policies
ER‐5.1
Habitat Conservation Areas. We support the protection of biological resources through the establishment, restoration, and conservation of high‐quality habitat areas.
N/A: There are no biological resources within the Specific Plan.
ER‐5.2
Entitlement and Permitting Process. We comply with state and federal regulations regarding protected species.
N/A: There are no protected species within the Specific Plan.
ER‐5.3
Right to Farm. We support the right of existing farms to continue their operations within the Ontario Ranch.
N/A
ER‐5.4
Transition of Farms. We protect both existing farms and sensitive uses around them as agricultural areas transition to urban uses.
N/A
ER‐5.5
Mining Operations. We prohibit future mining operations where the resource extraction activities are incompatible with existing or proposed adjacent land uses.
N/A
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Community Economics Element
GOAL
CE‐1 A complete community that provides for all incomes and stages of life.
Policies
CE‐1.1
Jobs‐Housing Balance. We pursue improvement to the Inland Empire’s balance between jobs and housing by promoting job growth that reduces the regional economy’s reliance on out‐commuting.
Consistent: The Specific Plan includes hotel and retail uses that will contribute to a substantial number of jobs in the area and lead to jobs‐housing balance.
CE‐1.2
Jobs and Workforce Skills. We use our economic development resources to:
1. attract jobs suited for the skills and education of current and future City residents;
2. work with regional partners to provide opportunities for the labor force to improve its skills and education; and
3. attract businesses that increase Ontario’s stake and participation in growing sectors of the regional and global economy.
(Link to Social Resources Policy SR‐2.2)
Consistent: The Specific Plan includes hotel, and retail uses that will contribute to a substantial number of jobs in the area for residents and attract businesses in the Local Serving Retail as well as within the hotel.
CE‐1.3
Regional Approach to Workforce Development. We work with our partners to provide workforce training and development services throughout the region, recognizing that Ontario employers rely on workers living outside of the City.
N/A
CE‐1.4
Business Retention and Expansion. We continuously improve two‐way communication with the Ontario business community and emphasize customer service to existing businesses as part of our competitive advantage.
Consistent: The development owners and operators will be open to two‐way communication with the City.
CE‐1.5
Business Attraction. We proactively attract new and expanding businesses to Ontario in order to increase the City’s share of growing sectors of the regional and global economy.
Consistent: The Specific Plan is a hotel and retail plan that will attract businesses in the Local Serving Retail as well as within the hotel.
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.
N/A: The Specific Plan does not include a residential component.
CE‐1.7
Retail Goods and Services. We seek to ensure a mix of retail businesses that provide the full continuum of goods and services for the community.
Consistent: The Specific Plan is a mixed‐use development with a hotel and retail component.
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CE‐1.8
Regional Attraction. We encourage the development and programming of regional, cultural, and entertainment destinations in Ontario.
N/A
CE‐1.9
Regional Leadership. We provide leadership for public, quasi‐public, and private‐sector partners that help Ontario and its residents and businesses realize our goals and achieve our Vision.
N/A
CE‐1.10
Life‐Long Education. We work with our partners who provide life‐long learning to ensure that our residents and workforce have access to education at all stages of life.
N/A
CE‐1.11
Socioeconomic Trends. We continuously monitor, plan for, and respond to changing socioeconomic trends. N/A
CE‐1.12
Circulation. We continuously plan and improve public transit and non‐ vehicular circulation for the mobility of all, including those with limited or no access to private automobiles. (Link to Mobility Element Public Transit Section)
Consistent: The Specific Plan is transit‐supportive and located in the vicinity of Metrolink and Amtrack stations as well as along the future BRT route.
CE‐1.13
Safety and Security. We invest in public safety and communicate our successes because the perception and reality of safety and security are necessary prerequisites for private investment and economic growth.
Consistent: The Specific Plan will incorporate industry‐standard safety and security measures.
GOAL
CE‐2 A City of distinctive neighborhoods, districts, corridors, and centers where people choose to be.
Policies
CE‐2.1
Development Projects. We require new development and redevelopment to create unique, high‐quality places that add value to the community. (Link to Community Design Element)
Consistent: The design guidelines for mixed‐use development aim to provide for high‐quality development that is aesthetically pleasing and creates a unique identity.
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.
Consistent: The design guidelines for mixed‐use development aim to provide for high‐quality development that is aesthetically pleasing and creates a unique identity. The standards and concept plans also provide sustainable strategies and functional spaces.
CE‐2.3
Interim Development. We require interim development that does not reflect the long‐term Vision, be limited in scale of development so that the investment can be sufficiently amortized to make Vision‐compatible redevelopment financially feasible.
N/A
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.
Consistent: The design guidelines for mixed‐use development aim to provide for high‐quality development that is aesthetically pleasing and creates a unique identity.
6078
CE‐2.5
Private Maintenance. We require adequate maintenance, upkeep, and investment in private property because proper maintenance on private property protects property values. (Link to Community Design Element Policy CD‐5.1)
Consistent: Development of private property within the Specific Plan will be privately maintained.
CE‐2.6
Public Maintenance. We require the establishment and operation of maintenance districts or other vehicles to fund the long‐term operation and maintenance of the public realm whether on private land, in rights‐of‐way, or on publicly‐owned property. (Link to Community Design Element Policy CD‐
5.1)
N/A
GOAL
CE‐3
Decision‐making deliberations that incorporate the full short‐term and long‐term economic and fiscal implications of proposed City Council actions.
Policies
CE‐3.1
Fiscal Impact Disclosure. We require requests for City Council action to disclose the full fiscal impacts, including direct and indirect costs. N/A CE‐3.2
General Plan Amendments. We require those proposing General Plan amendments to disclose reasonably foreseeable impacts through a fiscal analysis.
Consistent: There are no foreseen fiscal impacts on the City. All on‐site improvements will be undertaken and financed by the developer. The costs for related off‐site improvements shall be the responsibility of either the Developer or the City as defined further in the conditions of the approval and Development Agreement.
CE‐3.3
Long‐Term Funding Disclosure. We require those requesting City support or funding for projects or programs to disclose if and how they can be continued without further City support.
Consistent: There are no foreseen fiscal impacts on the City. All on‐site improvements will be undertaken and financed by the developer. The costs for related off‐site improvements shall be the responsibility of either the Developer or the City as defined further in the conditions of the approval and Development Agreement.
CE‐3.4
Improving Fiscal Decision‐Making. We periodically assess the accuracy of projections for staff time and City resources and use the assessment results to improve our fiscal decision‐making process.
N/A
CE‐3.5
Sustainable Development. We recognize impacts to municipal finances as an element of sustainability, and we require claims of sustainability to assess fiscal impacts.
N/A
CE‐3.6
Fully Funded Liability. We require long‐term liabilities, such as retiree medical benefits, employee accrued leave balances, and self‐insured liability claims to be fully funded to ensure sound, long‐term fiscal health.
Consistent. All long‐term liabilities will be in accordance with industry standard.
CE‐3.7
Programmatically Balanced Budget. We require that the annual budget include appropriations allocated in a manner to meet the goal of the programmatically balanced budget.
N/A
6079
CE‐3.8
Budget Margins. We require that the adopted budget for revenue and expenditures reflect sufficient budget margins to minimize negative impacts to City services due to economic uncertainties.
N/A
CE‐3.9
Complete Comparative Context. We require that our annual budget process provide the complete comparative context for proposed new and increased funding so decision makers can fully understand the trade‐offs among budget choices.
N/A
Safety Element
GOAL
S‐1
Minimized risk of injury, loss of life, property damage, and economic and social disruption caused by earthquake‐induced and other geologic hazards.
Policies
S‐1.1
Implementation of Regulations and Standards. We require that all new habitable structures be designed in accordance with the most recent California Building Code adopted by the City, including provisions regarding lateral forces and grading.
Consistent: Development within the Specific Plan will comply with California Building Code adopted by the City, including provisions regarding lateral forces and grading.
S‐1.2
Entitlement and Permitting Process. We follow state guidelines and the California Building Code to determine when development proposals must conduct geotechnical and geological investigations.
Consistent: Development within the Specific Plan will comply with California Building Code adopted by the City, including provisions regarding lateral forces and grading.
S‐1.3
Continual Update of Technical Information. We maintain up‐to‐date California Geological Survey seismic hazard maps. N/A
S‐1.4
Seismically Vulnerable Structures. We conform to state law regarding unreinforced masonry structures and coordinate with not‐for‐profits to facilitate seismic retrofits in environmental justice areas and for low‐income households.
N/A
GOAL
S‐2 Minimized risk of injury, loss of life, property damage and economic and social disruption caused by flooding and inundation hazards.
Policies
S‐2.1
Entitlement and Permitting Process. We require hydrological studies prepared by a state‐certified engineer when new development is located in a 100‐year or 500‐year floodplain to assess the impact that the new development will have on the flooding potential of existing development down‐gradient.
TBD
S‐2.2
Floodplain Mapping. We require any new development partially or entirely in 100‐year flood zones to provide detailed floodplain mapping for 100‐ and 200‐ year storm events as part of the development approval process.
N/A: The Specific Plan is not in the 100‐year flood zones. 6080
S‐2.3
Facilities that Use Hazardous Materials. We comply with state and federal law and do not permit facilities using, storing, or otherwise involved with substantial quantities of onsite hazardous materials to be located in the 100‐ year flood zone or 500‐year flood zone unless all standards of elevation, floodproofing, and storage have been implemented to the satisfaction of the Building Department.
N/A: There are no hazardous materials stored, produced, or transported to the site.
S‐2.4
Prohibited Land Uses. We prohibit the development of new essential and critical facilities in the 100‐year floodplain and discourage the development of new essential and critical facilities in the 500‐year floodplain unless all standards of elevation and flood proofing demonstrate that a facility can be safe and operational during a flood event, implemented to the satisfaction of the Building Department.
N/A
S‐2.5
Stormwater Management. We maintain the storm drain system to convey a 100‐year storm, when feasible, and encourage environmental site design practices to minimize flooding and increase groundwater recharge, including natural drainage, green infrastructure, and permeable ground surfaces. (Link to Environmental Resources Element)
N/A: The Specific Plan is not in the 100‐year flood zones.
S‐2.6
Use of Flood Control Facilities. We encourage joint use of flood control facilities as open space or other types of recreational facilities.
Consistent: The Specific plan is located immediately west of the Cucamonga Creek Channel. This fully improved facility provides regional flood control and storm conveyance to the surrounding area. A portion of the flood control channel could be re-imagined as a multimodal greenway that promotes outdoor activity.
S‐2.7
Collaboration Between Agencies. Collaborate with the San Bernardino County Flood Control District and other state and federal agencies to maintain flood‐ control infrastructure to minimize flood damage.
N/A
GOAL
S‐3
Reduced risk of death, injury, property damage and economic loss due to fires, accidents and normal everyday occurrences through prompt and capable emergency response.
Policies
S‐3.1
Prevention Services. We proactively mitigate or reduce the negative effects of fire, hazardous materials release, and structural collapse by implementing the regularly adopted California Fire Code and California Building Code.
Consistent: Development within the Specific Plan will comply with California Fire Code and California Building Code adopted by the City.
S‐3.2
Community Outreach. We provide education to local schools and community groups to promote personal and public safety. N/A
6081
S‐3.3
Fire and Emergency Medical Services. We maintain sufficient fire stations, equipment and staffing to respond effectively to emergencies and meet the needs of the community and state requirements.
N/A
6082
S‐3.4 Special Team Services. We maintain effective special rescue services. N/A S‐3.5
Emergency Notifications. We maintain a public alert notification system that efficiently conveys information about imminent, developing, ongoing, and concluding emergency events to residents and visitors, working with network providers that translate information into other languages.
N/A
S‐3.6
Interagency Cooperation. In order to back up and supplement our capabilities to respond to emergencies, we participate in the California Fire Rescue and Mutual Aid Plan.
N/A
S‐3.7
Water Supply and System Redundancy. We monitor our water system to manage and ensure adequate firefighting water supplies. N/A S‐3.8
Fire Prevention through Environmental Design. We require new development to incorporate fire prevention consideration in the design of streetscapes, sites, open spaces, and buildings. (Link to Community Design Element) Consistent: Development within the Specific Plan will incorporate fire prevention considerations in the design of streetscapes, sites, open spaces, and buildings. See landscape plan concepts.
S‐3.9
Resource Allocation. We analyze fire data to evaluate the effectiveness of our fire prevention and reduction strategies and allocate resources accordingly.
N/A
GOAL
S‐4 An environment where noise does not adversely affect the public’s health, safety, and welfare.
Policies
S‐4.1
Noise Mitigation. We utilize the City’s Noise Ordinance, building codes, and subdivision and development codes to mitigate noise impacts.
Consistent: Development within the Specific Plan is allowed equivalent noise levels within 70 dbA per the City’s Zoning Code for exterior noise standards for lodging facilities.
S‐4.2
Coordination with Transportation Authorities. We collaborate with airport owners, FAA, Caltrans, SBCTA, SCAG, neighboring jurisdictions, and other transportation providers in the preparation and maintenance of, and updates to transportation‐related plans to minimize noise impacts and provide appropriate mitigation measures.
N/A
S‐4.3
Airport Noise Mitigation. We aggressively pursue funding and utilize programs to reduce effects of aircraft noise in impacted areas of our community.
N/A
S‐4.4
Truck Traffic. We manage truck traffic to minimize noise impacts on sensitive land uses. N/A
S‐4.5 Roadway Design. We design streets and highways to minimize noise impacts. N/A 6083
S‐4.6
Airport Noise Compatibility. We utilize information from Airport Land Use Compatibility Plans to prevent the construction of new noise‐sensitive land uses within airport noise impact zones.
N/A
S‐4.7
Rail Noise Mitigation. We require residential and mixed use development of vibration‐sensitive uses in areas within 200 feet of rail to evaluate for indoor vibration levels and mitigate any exceedances of the Federal Transit Administration vibration‐annoyance criteria.
N/A
GOAL
S‐5 Minimize the risk of injury, property damage, and economic loss resulting from windstorms and wind‐related hazards.
Policies
S‐5.1
Dust Control Measures. We require the implementation of Best Management Practices for dust control at all excavation and grading projects.
Consistent: Development within the Specific Plan requires little to no grading.
However, Best Management Practices will be implemented for dust control.
S‐5.2
Grading in High Winds. We prohibit excavation and grading during strong wind conditions, as defined by the Building Code.
Consistent: Development within the Specific Plan requires little to no grading.
Grading during strong wind conditions will be prohibited, as defined by the Building Code.
S‐5.3
Public Safety Power Shutoffs. We coordinate with utility companies to minimize service interruptions, such as Public Safety Power Shutoffs, before, during, and after windstorms and wind‐related hazards.
N/A
GOAL
S‐6 Reduced potential for hazardous materials exposure and contamination.
Policies
S‐6.1
Disclosure and Notification. We enforce disclosure laws that require all users, producers, and transporters of hazardous materials and wastes to clearly identify the materials that they store, use, or transport.
N/A
S‐6.2
Response to Hazardous Materials Releases. We respond to hazardous materials incidents and coordinate these services with other jurisdictions.
N/A
S‐6.3
Safer Alternatives. We minimize our use of pesticides and other hazardous materials by choosing non‐toxic alternatives that do not pose a threat to the environment, especially when it could affect public park facilities and open spaces.
Consistent: Safer non‐toxic alternatives will be used for the maintenance of landscaped areas within the Specific Plan.
S‐6.4
Safe Storage and Maintenance Practices. We require that the users of hazardous materials be adequately prepared to prevent and mitigate hazardous materials releases.
N/A
6084
S‐6.5
Location of Hazardous Material Facilities. We regulate facilities that will be involved in the production, use, storage, or disposal of hazardous materials, pursuant to federal, state, county, and local regulations, so that impacts to the environment and sensitive land uses are mitigated. We prohibit new hazardous waste facilities in close proximity to sensitive land uses and environmental justice areas.
N/A
S‐6.6
Location of Sensitive Land Uses. We prohibit new sensitive land uses from locating within airport safety zones and near existing sites that use, store, or generate large quantities of hazardous materials. (Link to Land Use Element) N/A
S‐6.7
Household Hazardous Waste. We support the proper disposal of household hazardous substances. N/A
S‐6.8
Mitigation and Remediation of Groundwater Contamination. We actively participate in local and regional efforts directed at both mitigating environmental exposure to contaminated groundwater and taking action to clean up contaminated groundwater once exposure occurs.
N/A
S‐6.9
Remediation of Methane. We require development to assess and mitigate the presence of methane, per regulatory standards and guidelines.
N/A
GOAL
S‐7
Residential neighborhoods, commercial areas, and industrial districts that are kept safe through a multi‐faceted approach of prevention, suppression, and community involvement in public safety.
Policies
S‐7.1 Police Unit Response. We respond to calls for service in a timely manner. N/A S‐7.2
Community Oriented Problem Solving (C.O.P.S.). We support and maintain the mission of COPS to identify and resolve community problems.
N/A
S‐7.3
Prevention Services. We provide crime prevention programs targeted to youth, parents, seniors, businesses, and neighborhoods. N/A 6085
S‐7.4
Crime Prevention through Environmental Design (CPTED). We require new development to incorporate CPTED in the design of streetscapes, sites, open spaces, and buildings.
Consistent: CPTED techniques are implemented in the Specific Plan. These include but not limited to the following:
‐ Design public spaces, such as lobbies, and entrances, to maximize visibility. ‐ Use landscaping and lighting strategically to eliminate hiding spots and create clear sightlines.
‐ Limit access points to the hotel and use controlled entry systems. ‐ Use fencing, gates, and other barriers to control access to the property. ‐ Use design elements, such as changes in paving materials or landscaping, to delineate different areas.
‐Provide well‐lit pathways and amenities that encourage guests to use outdoor spaces.
‐Use clear and informative signage to guide guests and staff around the property.
S‐7.5
Interdepartmental Coordination. We utilize all City departments to help reduce crime and promote public safety. N/A
S‐7.6
Partnerships. We partner with other local, state, and federal law enforcement agencies and private security providers to enhance public safety services in Ontario.
N/A
S‐7.7
Resource Allocation. We analyze crime data to evaluate the effectiveness of crime prevention and reduction strategies and allocate resources accordingly.
N/A
S‐7.8
Social Services. We support behavioral health and social services as part of the public safety solution. N/A
GOAL
S‐8 Disaster resilient, prepared community through effective emergency/disaster preparedness, response, mitigation, and recovery.
Policies
S‐8.1
State and Federal Mandates. We maintain emergency management programs that meet the requirements of the State of California Standardized Emergency Management System (SEMS) and the National Incident Management System (NIMS).
N/A
S‐8.2
Emergency Management Plans. We maintain, update, and adopt the Emergency Operations Plan (EOP) and incorporate, by reference the City’s Hazard Mitigation Plan (HMP).
N/A
S‐8.3
Emergency/Disaster Training Exercises. We conduct training and exercises to prepare for and evaluate emergency/disaster response and recovery procedures.
N/A
6086
S‐8.4
Interagency Collaboration. We maintain partnerships, including automatic aid agreements, with fire protection, police and sheriff departments, and emergency management agencies in San Bernardino and Riverside County to strengthen emergency response.
N/A
S‐8.5
Interdepartmental Coordination. We utilize all City departments to help support emergency/disaster preparedness, response, mitigation, and recovery.
N/A
S‐8.6
Community Outreach. We provide education to the community to promote personal, family, and community emergency preparedness to both natural and human‐generated hazards.
N/A
S‐8.7
Extreme Heat and Air Quality. We work to ensure that all community members are informed about and have access to community cooling centers and clean air centers during extreme heat events or wildfires, with a focus on serving environmental justice communities. We support the development of extreme heat emergency response policies and practices to address these critical health risks in the community.
N/A
S‐8.8
Regional Partnerships for Climate Adaptation. We partner with local governments in San Bernardino County, Riverside County, and Inland Southern California Climate Collaborative to develop regional climate change adaptation strategies and programs.
N/A
S‐8.9
Backup Power in Critical Facilities. We require backup power be maintained in critical facilities. We encourage backup power solutions that include renewable energy components.
N/A
GOAL
S‐9
Incorporate energy efficient practices and renewable energy systems to improve air quality, comfort, and energy reliability during temporary power outages.
Policies
S‐9.1
Solar Energy. We support and may incentivize the installation of residential and commercial solar panels and battery storage systems that can provide electricity during power outages.
N/A
S‐9.2
Renewable Energy. Renovate existing city‐owned facilities and plan future facilities to include renewable energy generation capacity and battery storage as part of an effort to make public facilities and services greener and more resilient to power outages.
N/A
S‐9.3
Energy Efficiency Retrofits. We support and may incentivize retrofits to residential and commercial buildings that improve energy efficiency and insulation from extreme temperatures, giving priority towards low‐income applicants.
N/A
6087
Mobility Element
M‐1 A system of roadways that meets the mobility needs of a dynamic and prosperous Ontario.
Policies
M‐1.1
Roadway Design and Maintenance. We require our roadways to:
1. Comply with federal, state, and local design and safety standards;
2. Meet the needs of multiple transportation modes and users;
3. Handle the capacity envisioned in the City of Ontario Master Plan of Streets and Highways;
4. Be maintained in accordance with best practices;
5. Be compatible with the streetscape and surrounding land uses; and
6. Promote the efficient flow of all modes of traffic through the implementation of intelligent transportation systems and travel demand management strategies.
(Link to Community Design Element Policies CD‐2.5, CD‐2.6, CD‐2.16, CD‐3.3) N/A: There are no roadways proposed within the Specific Plan other than the entranceway and access to the basement. These are designed with best practices in mind that promote the efficient flow of traffic.
M‐1.2 Mitigation of Impacts. We require development to mitigate its traffic impacts. Consistent: Traffic impacts will be mitigated based on a development agreement with the City.
M‐1.3
Agency Coordination on Roadway Improvements. We work with Caltrans, SBCTA, and others to identify, fund, and implement needed improvements to roadways when necessary. We work with neighboring jurisdictions to promote regional connectivity, access, and meet operational level of service standards at the City limits.
N/A
M‐1.4
Complete Streets. We work to provide a complete, balanced, context‐aware, multimodal transportation network that meets the needs of all users of streets, roads, and highways, including motorists, pedestrians, bicyclists, children, persons with disabilities, seniors, movers of commercial goods, and users of public transportation. We prioritize implementation of complete streets improvements in environmental justice areas to facilitate opportunities for residents to use active transportation systems.
N/A: There are no roadways proposed within the Specific Plan other than the entranceway and access to the basement. These are designed with best practices in mind that promote efficient traffic flow and allow for pedestrian movement. The Specific Plan also improves the pedestrian realm along Holt Boulevard and Guasti Road which will contribute to complete street. 6088
M‐1.5
Level of Service. Maintain a peak hour Level of Service (LOS) E or better at all intersections. Maintain Level of Service D or better on arterial streets in the City. Develop and maintain a list of locations where LOS E or LOS F are considered acceptable and would be exempt from this level of service policy.
Considerations for LOS exemption include being restricted by environmental constraints, lacking available right‐of‐way, deterring an increase in VMT, or degrading other modes of travel (such as bicycle or pedestrian infrastructure).
Consistent: Traffic impacts will be mitigated based on a development agreement with the City.
M‐1.6
Reduce Vehicle Miles Traveled. We will strive to reduce VMT through a combination of land use, transportation projects, travel demand management strategies, and other trip reduction measures in coordination with development projects and public capital improvement projects.
Consistent: The Specific Plan is a mixed‐use development with a hotel and retail area. It is transit supportive as it is located in the vicinity of Metrolink and Amtrak Stations and BRT route. It encourages active transportation by providing an enhanced public realm and bike facilities. The plan encourages the improvement of and connection to Cucamonga Creek Trail. The Local Serving Retail allows for bike rentals . The Specific Plan Development Standards call for electric charging stations in the parking areas. All of the above contribute to the lowering of VMT.
M‐2 A system of trails and corridors that facilitate and encourage active modes of transportation.
Policies
M‐2.1
Active Transportation. We maintain our Active Transportation Master Plan to create a comprehensive system of on‐ and off‐street bikeways and pedestrian facilities that are safe, comfortable, and accessible and connect residential areas, businesses, schools, parks, and other key destination points.
Consistent: The plan encourages active transportation by providing an enhanced public realm and bike facilities. The plan encourages the improvement of and connection to Cucamonga Creek Trail.
M‐2.2
Bicycle System. We provide off‐street multipurpose trails and Class II bikeways as our preferred paths of travel and use the Class III for connectivity in constrained circumstances. When truck routes and bicycle facilities share a right‐of‐way, we prefer Class I or Class IV bicycle facilities. We require new development to include bicycle facilities, such as bicycle parking and secure storage areas.
Consistent: The plan encourages active transportation by providing an enhanced public realm and bike facilities. The plan encourages the improvement of and connection to Cucamonga Creek Trail.
M‐2.3
Pedestrian Walkways. We require streets to include sidewalks and visible crosswalks at major intersections where necessary to promote safe and comfortable mobility between residential areas, businesses, schools, parks, recreation areas, and other key destination points. (Link to Community Design Policy CD‐3.3)
Consistent: There are no roadways proposed within the Specific Plan other than the entranceway and access to the basement. These are designed with best practices and features that allow for pedestrian movement. The Specific Plan also improves the pedestrian realm along Holt Boulevard and Guasti Road which will contribute to the safe and comfortable mobility between the Specific Plan and surrounding uses.
6089
M‐2.4
Network Opportunities. We use public rights‐of‐way and easements such as, utility easements, levees, drainage corridors, road rights‐of‐way, medians, and other potential options to maintain and expand our bicycle and pedestrian network. In urban, mixed‐ use, and transit‐oriented Place Types, we encourage the use of underutilized public and private spaces to expand our public realm and improve pedestrian and bicycle connectivity. (Link to Community Design Element Urban, Mixed Use, and Transit‐oriented Place Types Section)
Consistent: The Specific Plan is transit‐supportive and located in the vicinity of Metrolink and Amtrack stations as well as along the future BRT route.
M‐3 A public transit system that is a viable alternative to automobile travel and meets basic transportation needs of the transit‐dependent.
Policies
M‐3.1
Transit Partners. We maintain a proactive working partnership with transit providers to ensure that adequate public transit service is available, cost‐ efficient, and convenient, particularly for residents in environmental justice areas.
N/A
M‐3.2
Alternative Transit Facilities at New Development. We require new development adjacent to an existing or planned transit stop to contribute to the creation of transit facilities, such as bus shelters, transit bays and turnouts, and bicycle facilities, such as secure storage areas.
N/A: While the Specific Plan is in the vicinity of the Metrolink and Amtrack stations, it is not adjacent to these facilities. The same goes with the BRT route.
The plan does provide for bike parking.
M‐3.3
Transit‐Oriented Development. We may provide additional development‐ related incentives to those inherent in the Land Use Plan for projects that promote transit use and reduce vehicle miles traveled.
Consistent: The Specific Plan is a mixed‐use development with a hotel and retail area. The future multimodal transit station is under consideration within the Mixed-Use Area, which will link rail, regional, local, and airport transit. The Specific Plan is transit‐supportive and contributes to the lowering of VMT.
M‐3.4
Bus Rapid Transit (BRT) Corridors. We work with regional transit agencies to implement BRT service and reduce vehicle miles traveled by targeting destinations and corridors with the highest number of potential riders.
N/A
M‐3.5
Light Rail. We support extension of the Metro Rail Gold Line to Ontario, and will work to secure station locations at the proposed multimodal transit center.
N/A
M‐3.6
Metrolink Expansion. We advocate expansion of Metrolink service to include the Downtown and the multimodal transit center. N/A
M‐3.7
High Speed Rail. We encourage the development of high‐speed rail systems that would enhance regional mobility in Southern California and serve the City of Ontario.
N/A
6090
M‐3.8
Feeder Systems. We work with regional transit agencies to secure convenient feeder service from the Metrolink station and the proposed multimodal transit center to employment centers in Ontario.
N/A
M‐3.9
Ontario Airport Metro Center Circulator. We will explore development of a convenient mobility system, including but not limited to shuttle service, people mover, and shared car system, for the Ontario Airport Metro Center.
N/A
M‐3.10
Multimodal Transportation Center. We intend to ensure the development of a multimodal transportation center near ONT airport to serve as a transit hub with amenities for transit riders, pedestrians, and bicyclists transitioning to local buses, BRT, the Gold Line, high‐speed rail, the proposed Ontario Airport Metro Center Circulator, and other future transit modes. We support locations for the multimodal transportation center that are north of ONT airport, between Vineyard Avenue and Interstate 15.
N/A
M‐3.11
Transit and Community Facilities. We require the future development of community‐wide serving facilities to be sited in transit‐ready areas that can be served and made accessible by public transit. Conversely, we plan (and coordinate with other transit agencies to plan) future transit routes to serve existing community facilities.
N/A
M‐4 An efficient flow of goods through the City that maximizes economic benefits and minimizes negative impacts.
Policies
M‐4.1
Truck Routes. We designate and maintain a network of City truck routes that provide for the safe and efficient transport of goods while minimizing negative impacts on local circulation and noise‐sensitive land uses, as shown on Exhibit M‐04, Truck Routes. We will minimize conflicts on truck routes through the design and implementation of buffers between travel lanes and pedestrian and bicycle facilities on designated truck routes.
N/A
M‐4.2
Regional Participation. We work with regional and subregional transportation agencies and adjacent cities to plan and implement goods movement strategies, including regional truck routes, plans and projects that improve mobility, support the efficient movement of goods, and minimize negative environmental impacts. (Link to Environmental Resources Policy ER‐4.3) N/A
M‐4.3
Railroad Grade Separations. We eliminate at‐grade rail crossings identified on Exhibit M‐01, Roadway Classifications. N/A
6091
M‐4.4
Environmental Considerations. We support both local and regional efforts to reduce/eliminate the negative environmental impacts of goods movement through the planning and implementation of truck routing and the development of a plan to evaluate the future needs of clean fueling/recharging and electrified truck parking.
N/A
M‐4.5
Air Cargo. We support and promote a ONT airport that accommodates 1.6 million tons of cargo per year, as long as the impacts associated with that level of operations are planned for and mitigated.
N/A
GOAL
M‐5 A proactive leadership role in helping identify and facilitate implementation of strategies that address regional transportation challenges.
Policies
M‐5.1
Regional Leadership. We maintain a leadership role to help identify and implement potential solutions to long‐term regional transportation problems.
N/A
M‐5.2
Land Use Compatibility with Regional Transportation Facilities. We work with ONT, railroads, Caltrans, SBCTA, and other transportation agencies to minimize impacts.
N/A
Community Design Element
GOAL
CD‐1
A dynamic, progressive city containing distinct and complete places that foster a positive sense of identity and belonging among residents, visitors, and businesses.
Policies
CD‐1.1
City Identity. We take actions that are consistent with the City being a leading urban center in Southern California while recognizing, enhancing, and preserving the character of our existing viable neighborhoods.
Consistent: The Specific Plan is a mixed‐use development with hotel and Local Serving Retail uses. The design standards within the Specific Plan aim to provide for high‐quality development that is aesthetically pleasing and contributes to City identity.
CD‐1.2
Place Types. We establish Place Types in urban, mixed use, and transit‐ oriented areas to foster the City's identity as a premier community and require new development within each Place Type to incorporate prescribed urban patterns, forms, and placemaking priorities. (Link to Community Design Element Urban, Mixed Use, and Transit‐oriented Place Types Section) Consistent: The Specific Plan is a mixed‐use development with hotel and Local Serving Retail uses. The design standards within the Specific Plan aim to provide for high‐quality development that is aesthetically pleasing and contributes to City identity. The concept plans and elevations are contemporary and aesthetically pleasing. The public plaza and public realm along Holt Boulevard and Guasti Road contribute to public placemaking whereas the private open space and recreational areas contribute to placemaking elements within the development. The signage, lighting, landscaping, and paving standards aim to contribute to placemaking. 6092
CD‐1.3
Existing Neighborhoods. We require the existing character of viable residential and non‐residential neighborhoods be preserved, protected, and enhanced.
N/A
CD‐1.4
Transportation Corridors. We will enhance our major transportation corridors within the City through landscape, hardscape, signage and lighting. The extent of enhancement should be appropriate to the use, type, and context of each corridor.
Consistent: The Specific Plan includes a public plaza and public realm along Holt Boulevard and Guasti Road which contribute to public placemaking and enhancement of these corridors.
CD‐1.5
View Corridors. We require all major north‐south streets be designed and redeveloped to feature views of the San Gabriel Mountains, which are part of the City’s visual identity and a key to geographic orientation. Such views should be free of visual clutter, including billboards and may be enhanced by framing with trees.
N/A
GOAL
CD‐2
A high level of design quality resulting in neighborhoods, commercial areas, public spaces, parks, and streetscapes that are attractive, safe, functional, human‐ scale, and distinct.
Policies
CD‐2.1
Quality Building Design and Architecture. We encourage all development projects to convey visual interest and character through:
1. Building volume, massing, and height to provide context‐appropriate scale and proportion;
2. A true architectural style which is carried out in plan, section, and elevation through all aspects of the building and site design and appropriate for its setting; and
3. Exterior building materials that are articulated, high quality, durable, and appropriate for the architectural style.
Consistent: The development standards and design guidelines chapters in the Specific Plan document discuss massing, architecture, materials, and related topics. The elevation rendering shows a high‐quality design with contemporary architecture and high‐quality materials (refer to the material palette in the design guidelines). Digital illumination is also used to provide a cutting edge to the architecture of the building. There is a regularity in architecture through the use of architectural fins that create vertical elements, and they are intercepted by horizontal elements forming a grid‐like pattern. 6093
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.
Consistent: The Specific Plan includes a public plaza and public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road contributing to walkability and traffic calming. These also maximize safety, comfort, and aesthetics for all users. The hotels have windows looking onto Guasti Road and Holt Boulevard that provide views of the street. Parking is provided underground.
CD‐2.3
Commercial Areas. We desire commercial areas and centers to be distinctive, pedestrian friendly, functional, and vibrant with a range of businesses, places to gather, and connectivity to the neighborhoods they serve.
Consistent: The Specific Plan includes a public plaza and public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road which contribute to walkability and traffic calming. These also maximize safety, comfort, and aesthetics for all users.
CD‐2.4
Urban, Mixed Use, and Transit‐oriented Areas. We establish Place Types to require mixed use, urban, and transit‐oriented areas to be designed and developed as pedestrian oriented areas that are integrated with adjacent neighborhoods and promote a vibrant, comfortable, and functional environment, as defined for each Place Type. (Link to Community Design Element Urban, Mixed Use, and Transit‐oriented Place Types Section) Consistent: The Specific Plan includes a public plaza and public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road which contribute to walkability and traffic calming. These also maximize safety, comfort, and aesthetics for all users.
CD‐2.5
Streetscapes. We design new and, when necessary, retrofit existing streets to improve walkability, bicycling and transit integration, strengthen connectivity, and enhance community identity through improvements to the public right‐of‐ way such as sidewalks, street trees, parkways, curbs, street lighting and street furniture.
Consistent: The Specific Plan includes a public plaza and public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road which addresses this policy.
6094
CD‐2.6
Connectivity. We promote development of local street patterns, multimodal networks, and connected public spaces that create and unify neighborhoods, rather than divide them, and create cohesive and continuous corridors, rather than independent “islands” through the following means:
1. Local street networks that provide access both between subdivisions and within neighborhoods and discourage through traffic;
2. A local street system that is logical and understandable for the user. A grid system is preferred to avoid circuitous and confusing travel paths between internal neighborhood areas and adjacent arterials and to provide adequate emergency and evacuation access; and
3. Pedestrian and bicycle networks that provide convenient access to neighborhoods and nearby destinations, such as schools, parks, other public spaces, commercial areas, and transit stops.
Consistent: The Circulation Plan complements the Land Use Plan by linking the hotel and retail uses to adjacent land uses and is designed to enhance connectivity and facilitate the movement of various transportation modes.
Additionally, the development of the Specific Plan Area will include sidewalks around the site and development of a plaza at the intersection of Holt Boulevard and Guasti Road.
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.
Consistent: The Development Standards and Design Guidelines within the Specific plan include many sustainable practices such as shared parking, drought‐tolerant landscaping, transit‐supportive design, mixed‐use development, pedestrian support, electric charging stations, bike parking facilities, provision of open spaces, heat island reduction, light pollution reduction, enhanced indoor air quality strategies, low‐emitting materials, daylighting, and so on that are consistent with Sustainable design.
CD‐2.8
Safe Design. We incorporate defensible space design into new and existing developments to ensure the maximum safe travel and visibility on pathways, corridors, and open space and at building entrances and parking areas by avoiding physically and visually isolated spaces, maintaining visibility and accessibility, and using lighting.
Consistent: All outdoor spaces, including entrances and parking areas, are designed to ensure maximum visibility and adequate lighting. This includes both public and private areas. Review the parking and lighting standards and guidelines within the Specific Plan.
CD‐2.9
Landscape Design. We encourage durable, sustainable, and drought‐tolerant landscaping materials and designs that enhance the aesthetics of structures, create and define public and private spaces, and provide shade and environmental benefits.
Consistent: The Specific Plan includes many sustainable practices to the extent possible including drought‐tolerant landscaping, low‐emitting materials, paving materials, reduced heat island effect, daylighting, and other techniques. A variety of paving materials are used as shown in the paving palette in design guidelines to delineate and define spaces both public and private.
6095
CD‐2.10
Parking Areas. We require all development, including single‐family residential, to minimize the visual impact of surface, structured, and garage parking areas visible from the public realm in an aesthetically pleasing, safe and environmentally sensitive manner. Examples include:
1. Surface parking: Shade trees, pervious surfaces, urban run‐off capture and infiltration, and pedestrian paths to guide users through the parking field.
2. Structured parking: facade articulation, screening, appropriate lighting, and landscaping.
3. Garage parking: providing access to single‐family residential garages through alley access, recessing garages from the frontage to emphasize front doors or active living spaces.
N/A: The Specific Plan does not include residential. The parking is provided underground.
CD‐2.11
Entry Statements. We encourage the inclusion of amenities, signage, and landscaping at the entry to neighborhoods, commercial centers, mixed use areas, industrial developments, and public places that reinforce them as uniquely identifiable places.
Consistent: The Specific Plan entrance is designed with attractive landscaping that features terraced planting, an entry canal water feature, an attractive entranceway, an arrival court with sculpture, and outdoor dining spaces. The local retail area includes a plaza, an attractive landscaping buffer, and outdoor dining spaces.
CD‐2.12
Site and Building Signage. We encourage the use of sign programs that utilize complementary materials, colors, and themes. Project signage should be designed to effectively communicate and direct users to various aspects of the development and complement the character of the structures.
Consistent: The Specific Plan sign program is well‐defined in in the development standards and provides for the size, location, and themes of the signage. The signage will be made of durable materials and will be complementary to the building design.
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.
N/A
CD‐2.14
Availability of Information. We provide easy access to information for developers, builders and the public about design quality, construction quality, and sustainable building practices.
N/A
CD‐2.15
Leverage Professional and Trade Organizations. We support excellence in design and construction quality through collaboration with trade and professional organizations that provide expertise, resources and programs for developers, builders, and the public.
N/A
CD‐2.16
Transit Stops. We require transit stops be conveniently located, well lit, safe, and clearly accessible to pedestrians, bicyclists, and people of all abilities.
N/A
6096
GOAL
CD‐3
Vibrant urban environments that are organized around intense buildings, pedestrian and transit areas, public plazas, and linkages between and within developments that are conveniently located, visually appealing and safe during all hours.
Policies
CD‐3.1
Unique Identity. We promote development that heightens the unique character and identity of each Place Type by requiring compatible land uses and land planning, site design, and building design that promotes an active public realm.
Consistent: The design guidelines for mixed‐use development aim to provide for high‐quality development that is aesthetically pleasing and contributes to the City's identity. The concept plans and elevations are contemporary and aesthetically pleasing. The public plaza and public realm along Holt Boulevard and Guasti Road contribute to public placemaking whereas the private open space and recreational areas contribute to placemaking elements within the development. The signage, lighting, landscaping, and paving standards aim to contribute to placemaking.
CD‐3.2
Comfortable, Human‐Scale Public Realm. We require that public spaces, including streets, parks, and plazas on both public and private property be designed to maximize safety, comfort and aesthetics and connect to the citywide pedestrian, vehicular, and bicycle networks.
Consistent: The Specific Plan includes a public plaza and public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road contribute to walkability and traffic calming. These also maximize safety, comfort, and aesthetics for all users.
CD‐3.3
Complete and Connected Network. We require that pedestrian, vehicular, and bicycle circulation on both public and private property be coordinated to provide connections internally and externally to adjacent neighborhoods and properties (existing and planned) through a system of local roads and trails that promote walking and biking to nearby destinations (including existing and planned parks, commercial areas, and transit stops) and are designed to maximize safety, comfort, and aesthetics.
Consistent: The Specific Plan encourages active transportation by providing an enhanced public realm and bike facilities, including bike rentals as an allowable use in the Local Serving Retail area. The plan encourages the improvement of and connection to Cucamonga Creek Trail. The Specific Plan also improves the pedestrian realm along Holt Boulevard and Guasti Road.
The public plaza and public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road contribute to walkability. All of the above encourage physical activity.
CD‐3.4
Context‐Aware and Appropriate Design. We require appropriate building and site design that complements existing development, respects the intent and identity of the Place Type, and provides appropriate transitions and connections between adjacent uses to ensure compatibility of scale, maintain an appropriate level of privacy for each use, and minimize potential conflicts.
Consistent: The Specific Plan is consistent with General Plan Update‐ The Ontario Plan's "Guasti District".
CD‐3.5
Active Frontages. We create lively pedestrian streetscapes by requiring primary building, business, and residential entrances, outdoor dining, and storefronts be located on ground floors adjacent to sidewalks or public spaces and designed to maximize safety, comfort, aesthetics, and the intended functionality (as defined by the Place Type).
Consistent: The Specific Plan includes a public plaza and public realm improvements of the sidewalk areas encourage active use. There are outdoor dining areas both for the restaurants within the Hotel overlooking Guasti road and for restaurants within the Local Serving Retail areas. 6097
CD‐3.6
Managed Infrastructure. We collaborate with developers and property owners to facilitate development that realizes the envisioned character and functionality of the Place Type through the use of green and shared infrastructure within each Place Type.
Consistent: The Specific Plan encourages the improvement of and connection to Cucamonga Creek Trail. The Specific Plan also improves the pedestrian realm along Holt Boulevard and Guasti Road. The public plaza and public realm improvements of the sidewalk areas and edge friction elements such as curbs, street trees, lighting, etc. along Holt Boulevard and Guasti Road contribute to walkability.
GOAL
CD‐4
Historic buildings, streets, landscapes, and neighborhoods, as well as the story of Ontario’s people, businesses, and social and community organizations, have been preserved and serve as a focal point for civic pride and identity.
Policies
CD‐4.1
Cultural Resource Management. We update and maintain an inventory of historic sites and buildings, professional collections, artifacts, manuscripts, photographs, documents, maps, and other archives.
N/A
CD‐4.2
Collaboration with Property Owners and Developers. We educate and collaborate with property owners and developers to implement strategies and best practices that preserve the character of our historic buildings, streetscapes, and unique neighborhoods.
N/A
CD‐4.3
Collaboration with Outside Agencies. We pursue opportunities to team with other agencies, local organizations, and nonprofits in order to preserve and promote Ontario’s heritage.
N/A
CD‐4.4
Incentives. We use the Mills Act and other federal, state, regional and local programs to assist property owners with the preservation of select properties and structures.
N/A
CD‐4.5
Adaptive Reuse. We actively promote and support the adaptive reuse of historic sites and buildings to preserve and maintain their viability.
N/A
CD‐4.6
Promotion of Public Involvement in Preservation. We engage in programs to publicize and promote the City’s and the public’s involvement in preservation efforts.
N/A
CD‐4.7
Public Outreach. We provide opportunities for our residents to research and learn about the history of Ontario through the Planning Department, the Ontario Museum of History and Art, and the Robert E. Ellingwood Model Colony History Room.
N/A
GOAL
CD‐5
A sustained level of maintenance and improvement of properties, buildings, and infrastructure that protects the property values and encourages additional public and private investments.
Policies
6098
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.
Consistent: Maintenance of all improvements within the Specific Plan site, including private/quasi‐public open space and recreation facilities, private driveways, circulation, and landscape, will be the responsibility of the applicant.
Maintenance of the sidewalk areas in the immediate vicinity of the Specific Plan site will also be the responsibility of the applicant.
CD‐5.2
Maintenance of Infrastructure. We require the continual maintenance of infrastructure. Consistent: Maintenance of all improvements within the Specific Plan, including private/quasi‐public open space and recreation facilities, private driveways, circulation, and landscape, will be the responsibility of the applicant.
Maintenance of the sidewalk areas in the immediate vicinity of the Specific Plan will also be the responsibility of the applicant.
CD‐5.3
Improvements to Property & Infrastructure. We provide programs to improve property and infrastructure. Consistent: Maintenance of all improvements within the Specific Plan, including private/quasi‐public open space and recreation facilities, private driveways, circulation, and landscape, will be the responsibility of the applicant.
Maintenance of the sidewalk areas in the immediate vicinity of the Specific Plan will also be the responsibility of the applicant.
CD‐5.4
Neighborhood Involvement. We encourage active community involvement to implement programs aimed at the beautification and improvement of neighborhoods.
N/A
Social Resources Element
GOAL
SR‐1 Residents have access to information, services and goods that improve their health and wellbeing.
Policies
SR‐1.1
Partnering for Healthcare. We work with healthcare providers, and local, regional, state, and federal agencies to attract and retain a diversity of affordable, quality healthcare and facilities for the entire community.
N/A
SR‐1.2
Nutrition Choices. We support the promotion of equitable access to affordable healthy food choices in the community, including community gardens, farmers markets, and cooking classes.
N/A
SR‐1.3
Health Education. We promote equitable access to health education, including disease prevention, mental health, nutrition, and physical fitness.
N/A
6099
SR‐1.4
Physical Activity. We encourage activities and community design that improve the physical fitness of our community members, with an emphasis on the provision of activities and facilities in environmental justice areas.
Consistent: The Specific Plan is a mixed‐use development with a hotel and retail area and encourages active transportation by providing an enhanced public realm and bike facilities. The plan encourages the improvement of and connection to Cucamonga Creek Trail. The Local Serving Retail allows for bike rentals The Specific Plan also improves the pedestrian realm along Holt Boulevard and Guasti Road. All of the above encourage physical activity.
GOAL
SR‐2
A range of educational and training opportunities for residents and workers of all ages and abilities that improves their life choices and provides a skilled workforce for our businesses.
Policies
SR‐2.1
Educational Partners. We partner with educational institutions throughout the region in order to expand the range and quality of educational offerings available to the community.
N/A
SR‐2.2
Workforce Training. We will work with industrial organizations, businesses, and educational institutions to create opportunities for workforce training.
N/A
SR‐2.3
Joint Use of Facilities. We partner with public and private educational institutions to jointly use facilities for both City and educational purposes.
N/A
SR‐2.4
Access to Schools. We work with local and regional partners to improve the safety in and around schools and to improve access for citizens of all ages and abilities to schools and community services, such as after school and other programs.
N/A
SR‐2.5
School Facilities. We plan and coordinate with school districts for designing and locating school facilities to meet the City’s goals, such as for health, walkability, and safety and to minimize impacts to existing neighborhoods.
N/A
SR‐2.6
Language. We promote broad outreach in languages used by the community for proposed projects that could negatively affect environmental justice areas.
N/A
SR‐2.7
Community Engagement. We promote targeted outreach and education to historically underrepresented groups to encourage meaningful participation in decision‐making process for projects whose outcomes will affect land use in environmental justice areas.
N/A
GOAL
SR‐3
A range of community and leisure programs and activities provided by public, private, and nonprofit organizations that meet the needs of the community’s varied interests, age groups and abilities.
Policies
6100
SR‐3.1
Partnerships. We partner with local and regional agencies, nonprofit organizations, and the private sector to provide a comprehensive range of community activities and events to citizens.
N/A
SR‐3.2
Needs Assessment. We track the needs and priorities for community services and look for ways to meet demands and avoid duplication of offerings.
N/A
SR‐3.3
Program Outreach. We promote information about leisure activities, classes, special events, and other services and activities to our community.
N/A
SR‐3.4
Community Events. We plan and actively participate in regularly scheduled community events and seasonal or yearly citywide events.
N/A
SR‐3.5
Community Activities as Crime Deterrents. We promote and participate in community activities as part of our crime prevention efforts. (Link to Safety Element Policy S‐7.3)
N/A
GOAL
SR‐4
City libraries that connect community members of all ages and abilities to a broad range of programs, communication, and informational resources.
Policies
SR‐4.1
Community Needs. We identify and monitor community needs for library services, technology, and facilities, and tailor them to effectively meet those needs.
N/A
SR‐4.2
Interagency Coordination. We leverage relationships with outside agencies, educational institutions, and neighboring jurisdictions to share library resources to the benefit of Ontario residents.
N/A
SR‐4.3
Library Outreach. We outreach to the community to increase the patronage of the library. N/A
SR‐4.4
Coordination with Other Community Services. We coordinate library programs with other recreational and community programs and facilities.
N/A
SR‐4.5
Focal Points of the Community. We design and program Ontario’s libraries as focal points of community engagement, including public outreach and community events.
N/A
SR‐4.6
Robert E. Ellingwood Model Colony History Room. We work with the Ontario Museum of History and Art in order to collect, preserve, and display artifacts and images from Ontario’s heritage and connect the City’s past to the present through the History Room.
N/A
GOAL
SR‐5
Local heritage, entertainment, and cultural experiences that enrich the lives of Ontario’s residents, workers, and visitors and serve to attract residents and businesses to the City.
Policies
6101
SR‐5.1
Provision of Entertainment and Culture. We support equitable access to a range of entertainment and cultural experiences such as public art, exhibitions, and performances.
N/A
SR‐5.2
Local Heritage Education. We partner with educational providers to promote culture and heritage. (Link to Community Design Element, Historic Preservation Section).
N/A
SR‐5.3
Public Art. We encourage public art in buildings, parks, open spaces, and other public and private spaces. N/A
SR‐5.4
Private‐Public Sector Events. We partner with private and nonprofit sectors to provide and promote participation in cultural activities including fairs, festivals, and other events geared to neighborhoods, the City as a whole, and the region.
N/A
SR‐5.5
Promotion of Ontario Artists and Musicians. We promote awareness of entertainment and culture produced in Ontario. N/A
6102
RESOLUTION NO. PC25-009
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ONTARIO, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVE
FILE NO. PDEV23-039, A DEVELOPMENT PLAN TO CONSTRUCT A
600,000 SQUARE FOOT HOTEL AND COMMERCIAL BUILDING
CONSISTING OF 600 ROOMS ON 10.43-ACRES OF LAND LOCATED ON
THE SOUTHEAST CORNER OF GUASTI ROAD AND HOLT
BOULEVARD WITHIN THE PROPOSED PA1 (HOSPITALITY MIXEDUSE) DISTRICT OF THE EMPIRE GROVES SPECIFIC PLAN, AND MAKING FINDINGS IN SUPPORT THEREOF—APN: 110-322-33
WHEREAS, Diversified Pacific Development Group, LLC (hereinafter referred to as "Applicant") has filed an Application for the approval of a Development Plan, File No.
PDEV23-039, as described in the title of this Resolution (hereinafter referred to as "Application" or "Project"); and
WHEREAS, the Application applies to 10.43 acres of land generally located on southeast corner of Guasti Road and Holt Boulevard, within the proposed Empire Groves Specific Plan; and
WHEREAS, the properties to the north of the Project site are within the CCS (Convention Center Support Commercial) zoning district, and are developed with offices and hotel. The property to the east is within the UC (Utilities Corridor) zoning district and is developed with a flood control channel. The property to the south and west is within the CCS (Convention Center Support Commercial) zoning district, and is developed with hotel; and
WHEREAS, the proposed 600,000 square foot luxury hotel and commercial building consists of 600 rooms and will provide destination dining, luxury retail, banquet halls, spa, fitness center, public gathering spaces and additional guest amenities; and WHEREAS, the proposed project is associated with the proposed Empire Groves Specific Plan (concurrently under review), and approval of the hotel development is contingent upon approval of the Empire Groves Specific Plan; and WHEREAS, a shared parking analysis was completed by Translutions (Dated:
November 2023) to evaluate the shared parking demand of the 600-room/suite fullservice hotel with amenities (a pool/spa, fitness areas, meeting/conference rooms) and retail/restaurant areas. The methodology used for the shared parking analyses includes base parking demand ratios derived from the Urban Land Institute’s (ULI) Shared Parking (3rd Edition, 2020). The parking analyses identified the highest parking demand is for 925 spaces on weekdays and 745 parking spaces on weekends. The Project is proposing a total of 932 parking spaces to meet the parking needs of the project; and 6103
Planning Commission Resolution
File No. PDEV23-039
February 25, 2025